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HomeMy WebLinkAbout1997-009 Council OrdinancesU TABLE OF CONTENTS SECTION 1. TITLE/APPLICATION/RULES...................................... 1-1 Subd. 1. Title and Application...... .................................... 1-1 Subd. 2. Rules and Definitions ........................................ 1-4 SECTION 2. ADMINISTRATION....................................................... 2-1 Subd. 1. Administration: Amendments and Rezonings . .... 2-1 Subd. 2. Administration: Conditional Use Permits ........... 2-4 Subd. 3. Administration: Interim Use Permits .................. 2-8 Subd. 4. Administration: Variances and Appeals ............. 2-10 Subd. 5. Site and Building Plan Review .......................... 2-12 Subd. 6. Metes and Bounds Conveyances ...................... 2-17 Subd. 7. Duties of City Staff ............................................. 2-20 Subd. 8. Certificate of Occupancy ................................... 2-21 Subd. 9. Enforcement and Penalties ............................... 2-22 SECTION 3. GENERAL PROVISIONS ............................................. 3-1 Subd. 1. Purpose............................................................. 3-1 Subd. 2. Non -Conforming Uses and Structures ............... 3-1 Subd. 3. General Parcel, Lot and Yard Provisions .......... 3-3 Subd. 4. General Building and Use Provisions4,:..:6::.:..:.:. 3-10 A: Dwelling. Unit Restriction ....:: :,.... .... 3-10, B. Bldg,. Type &........ 3-10 C. Height......................3-11 D. Accessory. Building a' Stfres ..., 3-12 1. General Provisions...... ...: ..... ....., 3-12 2. Tennis Courts ...:.......... ..................... 3-13 3. Swimming, Pools .... .:... .... 3-14 4. Houseboats x.,,. .. 3-17 5. Ice Fishing Houses.. ............... 3-18 6. Docks & Boat :Launches .g ,., 3-18 7. Roadside SOOds..... ,.. .:.,. 3-18 8. Rural & Residential Zoning,District Accessory Buildings ... 3-18 E. Single Family I vveltings ...... ::. 3-23 F. Quasi-Public:Std r0s ... ... 3-24 G. Refuse & RecyclabJ;Maferial .................... 3-24 H. Glare.. ....... .. _...............................3-25 I. Smoke................................................................... 3-26 Subd. 4. J. Dust................................................................. 3-26 K. Odors.............................................................. 3-26 L. Noise............................................................... 3-26 M. Sewage Disposal ............................................ 3-26 N. Waste Material ................................................ 3-26 O. Bulk Storage (Liquid) ............ 3-26 P. Radiation Emission .......................................... 3-26 Q. Electrical Emission ........................................... 3-27 R. Exterior Storage ............................................... 3-27 S. Required Fencing, Screening, Landscaping..... 3-29 T. Fences & Walls .................................................. 3-37 Subd. 5. Off -Street Parking .............................................. 3-40 Subd. 6. Off -Street Loading ............................................. 3-53 Subd. 7. Relocated Structures ......................................... 3-54 Subd. 8. Home Occupations ............................................ 3-55 Subd. 9. Home Extended Businesses .............................. 3-58 Subd. 10. Accessory Apartments ....................................... 3-61 Subd. 11. Drainage............................................................ 3-63 Subd. 12. Earth Moving and Land Reclamation ................ 3-64 Subd. 13. Farming Operations ........................................... 3-67 Subd. 14. Adult Uses ......................................................... 3-68 SECTION 4. DISTRICT PROVISIONS .............................................. 4-1 Subd. 1. General Zoning District Provisions .................... 4-1 SECTION 5. RURAL DISTRICTS .................................................:.. 5-1 Subd. 1. R, Rural District ................................................. 5-1 Subd. 2. R-X, Rural Executive District ............................. 5-9 SECTION 6. RESIDENTIAL DISTRICTS .......................................... 6-1 Subd. 1. R-1, Single Family Residential District ............. 6-1 Subd. 2. R-1X, Single Family Executive Residential District 6-6 Subd. 3. R-2, Two Family Residential District .................. 6-11 Subd. 4. R-3, Medium Density Residential District ,.......... 6-16 Subd. 5. R-4, High Density Residential `District ............... 6-22 Subd. 6. R-6, Manufactured Home Park District .............. 6-30 Subd. 7. R-7, Manufactured Home Subdivision District ... 6-38 • • 0 SECTION 7. BUSINESS DISTRICTS ............................................... 7-1 Subd. 1. NB, Neighborhood Business District ................. 7-1 Subd. 2. LB, Limited Business District ............................. 7-8 Subd. 3. GB, General Business District ........................... 7-16 Subd. 4. CB, Central Business District ............................ 7-30 Subd. 5. SC, Shopping Center District ............................ 7-39 SECTION 8. INDUSTRIAL DISTRICTS ............................................ 8-1 Subd. 1. LI, Light Industrial District .................................. 8-1 Subd. 2. GI, General Industrial District ............................ 8-11 SECTION 9. SPECIAL DISTRICTS .................................................. 9-1 Subd. 1. PSP, Public and Semi -Public District ................ 9-1 Subd. 2. R-BR, Rural -Business Reserve District ............. 9-5 Subd. 3. PDO, Planned Development Overlay District .... 9-13 Subd. 4. AZO, Airport Zoning Overlay District ................. 9-21 Subd. 5. S, Shoreland Overlay District ............................ 9-24 Subd. 6. FP, Floodplain Overlay District .......................... 9-25 SECTION 10. ADOPTION 10-1 • City of Lino Lakes - ZONING ORDINANCE ORDINANCE NO. 9-97 AN ORDINANCE ESTABLISHING AN UPDATED ZONING ORDINANCE TEXT AND ZONING MAP FOR THE CITY OF LINO LAKES, MINNESOTA. - THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN: SECTION 1. TITLE/APPLICATION/RULES Subd. 1. Title and Application A. 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." B. Intent and Purpose. This Ordinance is adopted for the purpose of- 1. Protecting the public health, safety, 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 structures and land and lot size. 3. Promoting orderly development of the residential, business, industrial, recreational and public areas. 4. Providing adequate light, air, and convenience of access to property. 5. Limiting congestion in the public right-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. 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. • • City of Lino Lakes - ZONING ORDINANCE 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 road sides and lakeshores. 15. Providing for the administration of this Ordinance and amendments thereto. 16. Defining the powers and duties of the administrative officers and bodies, as provided hereinafter. C. Application. 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, and welfare. 2. Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law ordinance, statute, resolution, or regulation, 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 determined, the annexed area shall be placed in the most restrictive district and such classification shall be considered an interim step pending permanent classification. I-? City of Lino Lakes - ZONING ORDINANCE D. Relation to Comprehensive Municipal Plan. It is the policy of the City of Lino Lakes that the enforcement amendment, and administration of this Ordinance be accomplished with due consideration of the recommendations contained in the City Comprehensive Plan as developed and amended from time to time by the Planning and Zoning Board and City Council of the City. The Council recognizes the City Comprehensive Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth. E. Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, the City Council or Planning and Zoning Board, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning and Zoning Board or property owner, upon receipt of the staff study, shall, if appropriate, initiate an amendment to the Zoning Ordinance consistent with Section 2, Subd. 1. of this Ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the City. F. 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 or 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 such 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. G. Authority. This Ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363. H. Comprehensive Revision. This Ordinance shall be a comprehensive revision to Appendix 131 of the City Code, as amended. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. I. Fees. No application for a conditional use permit, rezoning, Zoning Ordinance amendment, variance or site and building plan review shall be accepted or • considered by the City Council or any other body of the City unless such application is complete and accompanied by a deposit. The total fee for processing such application, which shall be paid by the petitioner to the City, 1- 3 City of Lino Lakes - ZONING ORDINANCE . shall be paid whether or not such application is approved or denied. The deposit shall be the total out of pocket expenses incurred by the City in processing such application, for such necessary items as, but not limited to, attorney's, planner's, and/or engineer's fees and costs, and any other costs incident thereto, and shall be in addition to a fee for the City staff services, to be paid to the City, which separate fees and deposits shall be established by City Council resolution. The deposit shall not be considered as the total amount to be paid. The total amount shall be the actual amount expended plus the fee for the City staff services. Any unused portion of the required deposits will be returned to the petitioner. The fees established herein may be changed by the City Council from time to time, by resolution, a copy of which shall be on file in the office of the City Clerk - Treasurer and available for inspection during regular City office hours. Subd. 2. Rules and Definitions A. Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: 0 1. The singular number includes the plural, and the plural the singular. 2. The present tense includes the past and the future tenses, and the future the present. 3. The word "shall" is mandatory while the word "may" is permissive. 4. The masculine gender includes the feminine and neuter. 5. 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. 6. All measured distances expressed in feet shall be the nearest tenth of a foot. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Accessory Building. A portion of the principal building or a detached structure on the same lot which is used for an accessory use. 9 City of Lino Lakes - ZONING ORDINANCE 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. Accessory Apartment. An apartment clearly subordinate and accessory to a single family dwelling, consisting of kitchen and cooking facilities, a bathroom, and bedroom area. Addition. A structure added to the original structure at some time after the completion of the original. 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. Adult Use Related Terms. 1. Adult Uses. Adult uses include adult bookstores, adult motion picture theaters, adult -motion picture theaters, adult massage parlors, adult steam room/boathouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. a. Specified Anatomical Areas- 1 ) Less than completely opaquely covered human genitals, pubic region, buttock anus, or female breast(s) below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified Sexual Activities: 1) Actual or simula oral copulation, anal intercourse, bestiality, direct physical stimulation �d sexual intercourse, oral -anal copulation, of unclothed genitals, I- 5 City of Lino Lakes - ZONING ORDINANCE flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following: sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or 3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or 4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or 5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or 6) Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or 7) Human excretion, urination, menstruation, vaginal or anal irrigation. 2. Adult Use - Accessory. the offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like. 3. Adult Uses - Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following: a. Adult Use - Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas". 1-6 City of Lino Lakes - ZONING ORDINANCE b. Adult Use - Bookstore. A building or portion of a building used for barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, compact discs, computer software, digital recordings, motion picture film, or other communication mediums if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". C. Adult Use - Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". d. Adult Use - Companionship Establishment. A • companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". e. Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". f. Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". g. Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, 1- 7 City of Lino Lakes - ZONING ORDINANCE • describing or relating to "specified sexual activities" or "specified anatomical areas". h. Adult Use - Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if_ such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". i. Adult Use - Mini -Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. j. Adult Use - Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use - Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug - operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas. I. Adult Use - Motion Picture Theater. A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified anatomical areas" for observation by patrons therein. 1- 8 City of Lino Lakes - ZONING ORDINANCE • M. Adult Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. n. Adult Use - Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". o. Adult Use - Steam Room/Bathhouse Facility. A building or a portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Aesthetic. The perception of artistic elements, or elements in the natural or man-made environment which are pleasing to the eye. Agricultural Farm Building. An accessory building designed, constructed, used or intended to house farm implements or agriculture areas, as defined by this Ordinance, on an active farm operation of more than ten acres (10). A Minnesota Pollution Control Agency Permit may be required. 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; 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. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers. I - O City of Lino Lakes - ZONING ORDINANCE • Airport, Private Use. Airports which are intended for use by certain individuals or associations and not to the public. Animals, Domestic. For purposes of this Ordinance, domestic animal shall be defined as house pets such as dogs, cats, traditional and typical animal pets, and birds (not including pigeons, chickens, geese, turkeys or other domestic fowl) which can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes rabbits normally sheltered outside the home. Animals, Farm. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals traditional and commonly accepted as farm animals in the State of Minnesota. Apartment. A room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. 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. Base Map. A map having sufficient points or reference, such as state, county or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of other data. 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. Bay. A part of a building projecting or cantilevered from the main part. Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics- 1 . Part of all of the feature is located in a shoreland area. 2. The slope rises at least twenty-five (25) feet above the ordinary high water level of the water body. 3. The grade of the slope from the toe of the bluff to a point twenty- • five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater. City of Lino Lakes - ZONING ORDINANCE • 4. The slope must drain toward the water body. Bluff Impact Zone. A bluff and land located within twenty (20) feet from the top of a bluff. 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. Boarding House. A building other than a hotel where, for compensation and by pre -arrangement for definite periods, meals, or lodging and meals are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten (10) persons. 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. Boathouse. A structure used solely for the storage of boats or boating equipment. Buffer. The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts. Buffer Yard. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. Buildable Area. The portion of a lot remaining after yards have been provided. Buildable Land. Land area occurring within the property lines of a parcel or lot excluding drainage ways, wetlands, water bodies, parklands, easements, road rights -of -way, and slopes in excess of eighteen (18) percent. 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. 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. City of Lino Lakes - ZONING ORDINANCE • Building Height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: _ 1. The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade. 2. An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than ten (10) feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. • Building, Pole. Any structure possessing the following characteristics: structural wood poles or timbers buried in ground with or without individual footings; metal wall coverings hung vertically of not less than twenty-eight (28) gauge. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any other similar structure not covering or enclosing a specific area. Building, Principal. A building in which is conducted the principal use of the lot on which it is located. Business. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation. Channel. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. Church. A building, together with its accessory buildings and use; where persons regularly assemble for religious worship and which building, together with its accessory buildings are uses, is maintained and controlled by a religious • body organized to sustain public worship. City Council. The governing body for the City of Lino Lakes. City of Lino Lakes - ZONING ORDINANCE • Club or Lodge. A club or lodge is a non-profit association of persons who are bonafide members paying annual dues, use of premises being restricted to members and their guests. Commercial Use. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. Commercial Recreation. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theater, indoor firearms range, boat rental, amusement rides, campgrounds, park, and similar uses. Comprehensive Plan. A Comprehensive Plan prepared and approved by the City, including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. 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 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. 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. Condominium Association. This community association which administers and maintains the common property and common elements of a condominium. Construction. The erection, alteration or extension of a structure. Critical Area. An area with one or more of the following characteristics: (1) slopes in excess of twenty (20) 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 1- 13 City of Lino Lakes - ZONING ORDINANCE • corridors; (9) estuaries; (10) mature strands of native vegetation; (11) aquifer recharge and discharge areas. Day Care Facility. Any facility licensed by the State Department of Public Welfare, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services, as defined by Minnesota State Statutes, Section 245.782.5. 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. Detached Garage. A one-story accessory building used or intended for the storage of motor driven passenger vehicles. 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. 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. District. A section or sections of the City for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. Dock (Boat Launch). A structure accessory to the principal use of the property which extends into navigable waters and used for the launching, landing or mooring of watercraft. 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. • 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. 1- 14 City of Lino Lakes - ZONING ORDINANCE • 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. 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, gullies, ravines, washes, lakes or ponds and structures such as culverts, drainage tile, dams, bridges and water storage basins. Drainageway. Any natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows. 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. 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. Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structures. Dwelling. A structure or portion thereof which is used exclusively for human habitation. Dwelling, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities. Dwelling, Multiple -Family. A structure containing more than two dwelling units. Dwelling, Non -Farm. A single family dwelling located on a farm or otherwise which is not a farm dwelling. 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. • Dwelling, Townhouse. A one -family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit City of Lino Lakes - ZONING ORDINANCE . is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. 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. 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. 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. Elderly (Senior Citizen) Housing. A public agency owned or controlled multiple dwelling building with open occupancy limited to persons over fifty (50) years of age. Existing Use. The use of a lot or structure at the time of the enactment of a • zoning ordinance. Exterior Storage/Storage Yards. An outside area where equipment or material relating to the principal use of a parcel of land is stored. The stored items are not for sale or display but are used in the everyday operation of the principal use. Extractive Use. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. Family. An individual or two (2) 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. Farm. Real property used for commercial agriculture or horticulture comprising at least twenty (20) contiguous acres and which may contain other contiguous or noncontiguous acreage, all of which is owned or leased and operated by a single family, family corporation, individual or corporation. Farm Building. See Agricultural Farm Building. • 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. City of Lino Lakes - ZONING ORDINANCE • Farm, Limited. A limited farm is a food producing use primarily intended for the use of the residents and on parcels of from one (1) to twenty (20) 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 City Code Sections_502 and 503. 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 consumption either within the restaurant building or off premises. 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. Fence. A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure. Fence, Boundary Line. All fences located within one (1) foot of a property line. • Fence, Interior Yard. All fences located five (5) feet beyond a property line. Filling. The act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or wetland. Flood. A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel. Flood Fringe. That portion of the floodplain outside of the floodway. Floodplain. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. Flood Profile. A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river. Floodway. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. 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. I- 17 City of Lino Lakes - ZONING ORDINANCE • Garage. A deck building or structure, or art thereof, used or intended d to be used for the parking and storage of vehicles. 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. Garage, Storage. Any building or premises used for the storage only of motor - driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil are sold and vehicles are not equipped, serviced, repaired, hired or sold. Gazebo. A freestanding accessory structure or pavilion from which views of surrounding scenery are commonly offered. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features. Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. Grading Plan. Existing topography and proposed finished grades with a contour interval of no greater than two (2) feet clearly indicating the relationship of proposed changes to existing topography and remaining features. Green Area. Land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park. Hardship. The same as that term is defined in Minnesota Statutes, Chapter 462. Hazardous Waste. Any refuse, sludge, or other waste material or combination of refuse, sludge, or other waste materials in solid, semi -solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may: 1. Cause or significantly contribute to an increase in mortality or an increase in serious or irreversible, or incapacitating reversible illness, or 2. Pose a substantial present or potential hazard to human health or • the environment when improperly treated, stored, or transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, oxidizers, 1- 18 City of Lino Lakes - ZONING ORDINANCE . poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Historic Site. Structure or area of land or water of historic, archaeological, 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. Home Extended Business. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this subdivision. Home Occupation. Any activity by a resident carried out for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof. 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. • Horse Arena. A building or site used for showing and training horses, exclusive of stables, boarding or other overnight or extended horse care facility. 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. 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. 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). Houseboat. A watercraft vessel having a super structure resembling a house, usually moored, designed and used as a dwelling. Impervious Surface. An artificial or natural surface through which water, air or roots cannot penetrate. Individual Sewage Disposal System. A system for the disposal of sanitary • sewage in the ground, which is so designed and constructed 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. City of Lino Lakes - ZONING ORDINANCE • 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. Interim Use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. Irrigation System. Any structure or equipment, mechanized or other, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. Kennel, Commercial. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising that is not defined as a private kennel. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. After issuance of a Conditional Use Permit, Commercial Kennels shall be allowed in the following zoning districts: Rural business Reserve (RBR), Commercial, Industrial. Kennel, Private. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. Private Kennels shall be allowed in all zoning districts upon parcels of property five (5) acres or more in size following issuance of a Conditional Use Permit. Land Reclamation. The process of the re-establishment of, acceptable topography (i.e., slopes), vegetative cover, soil stability, and the establishment of safe conditions appropriate to the subsequent use of the land. Livery Stable. The business of keeping horses for the purpose of renting to the • general public for unsupervised riding and/or trail riding. I- ?0 City of Lino Lakes - ZONING ORDINANCE • 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. Lot Area. The total area within the lot lines of a lot measured in a horizontal plan. Lot, Base. Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or quadraminium subdivision. Lot, Corner. A lot situated at the junction of and abutting on two (2) or more intersecting street; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less. Lot Depth. The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of- way within the lot boundaries. Lot Frontage. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. Lot Interior. A lot, other than corner lot, including through lots. • Lot Line. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. Lot Line, Front. The lot line separating a lot from the street right-of-way along the lot frontage. Lot Line, Rear. The lot line opposite and most distant from the lot frontage which connects the side lot lines. Lot Line, Side. Lot lines extending away from the lot frontage, which connects the front and rear lot lines. Lot of Record. A lot which exists as shown or described on a plat or deed in the records of the local registry of deed. Lot, Through. A lot fronting on two parallel streets. Lot, Triangular. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line. • City of Lino Lakes - ZONING ORDINANCE • Lot, Unit. Lots created from the subdivisions of a two family dwelling or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district. Lot Width. The horizontal distance between the side lot line of a lot measured at the building setback line and parallel to the front lot line. _ Manufactured Home. A manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on side, is three hundred twenty (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. Manufactured Home Subdivision. A subdivision designed and/or intended for • the sale of lots for residential occupancy by manufactured homes. Manufactured Home Park. Any site, lot, field or tract of land upon which two (2) 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. Manufactured Home Lot. A plot of land for placement of a single manufactured home within a manufactured home park. Medical and Dental Clinic. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. 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 site on a permanently attached undercarriage and wheels. Mobile homes should not include all types of manufactured homes as defined herein. Motel. An establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25%) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. City of Lino Lakes - ZONING ORDINANCE • Motor Fuel Station. Any building, land area or other premises, or portion thereof, used or intended to be used for theretail retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories. Non -Conforming Uses. 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. Nuisance. An interference with the enjoyment and use of property. Nursing Home (Rest Home). A building having accommodations where care for pay is provided for two (2) or more invalids, infirm, aged or convalescent persons who are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions. 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. Off -Street Loading Space. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. On -Street Parking Space. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way. Open Sales Lot. Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of the same prior to sale. 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. 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. Open Space, Public. Open space owned by a public agency and maintained by • it for the use and enjoyment of the general public. City of Lino Lakes - ZONING ORDINANCE is Parcel. A separate area of land, including a lot, having specific boundaries and capable of being conveyed and recorded. Park, Private. A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc. for active and/or passive recreational purposes. Park, Public. A tract of land publicly owned and used by the public for active and/or passive recreational purposes. Parking Lot. An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. Parking Space. A space for the parking of a motor vehicle within a public or private parking area. Party Wall. A common shared wall between two (2) separate structures, buildings, or dwelling units. Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. • Planned Industrial Development. A planned development that accommodates industrial uses. Planned Development. 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 residential developments and/or one or more public, quasi -public, commercial or industrial areas in such ranges of ratios of non-residential uses to residential uses as shall be specified. Play and Recreational Facilities. Equipment customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities include swing sets, play sculptures, sand boxes, picnic tables, basketball standards, barbecue grills and the like. 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. Principal Use. The primary or predominant use of any lot and/or building. is Professional Office. The office of a member of a recognized profession maintained for the conduct of that profession. 1- ?4 • City of Lino Lakes - ZONING ORDINANCE Quadraminium. A single structure which contains four (4) separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure. 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 forty (40) acres in size. 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, playground, 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. Recreational Vehicle. A vehicle designed and used for recreational purposes and enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles, boats, race cars, travel trailers, truck campers, camping trailers and self-propelled motor homes and all associated trailers. • Regulatory Flood Protection Elevation. A point not less than one (1) foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. Relative. Father, mother, brother, sister, son, daughter, son-in-law or daughter- in-law. Restaurant. An establishment where food and drink is prepared, served and consumed primarily within the principal building. Restrictive Covenant. A restriction on the use of land usually set forth in the deed. Retail Services. Establishments providing services or entertainment, 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, amusement and recreation services, health, education and social services, museums and galleries. • Sanitary Land Fill. A site used for solid waste disposal. Satellite Dish. A combination of: City of Lino Lakes - ZONING ORDINANCE 1. Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources. 2. A low noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals. 3. A coaxial cable whose purpose is to carry the signals into the interior of the building. Satellite Dish Height. The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna. School. Any building or part thereof which is designed, constructed or used for educational or instruction in any branch of knowledge. School, Parochial. A school supported and controlled by a church or religious Is organization. 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. Setback. The distance between the property line and the nearest line of a building foundation. 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. Shopping Center. An integrated grouping of commercial stores, under single ownership or control. 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, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. • Sign Area. The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure. 1- 26 City of Lino Lakes - ZONING ORDINANCE • 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 device; any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Slope. The degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees. 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. Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's oil, characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. Storage Building. A one-story accessory building used or intended for the storage of hobby tools, garden equipment, workshop equipment, boats, snowmobiles, etc. 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 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 six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement or unused under -floor space shall be considered as a story. 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 four (4) feet • below grade, as defined herein, for more than fifty (50) percent of the total perimeter, or more than eight (8) feet below grade, as defined herein, at any point. 1-?7 • City of Lino Lakes - ZONING ORDINANCE 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. 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. 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 contained in the Comprehensive Plan. Structure. Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Structure 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. Structure/Principal. A structure in which is conducted the principal use of the lot on which it is located. Substantial Improvement. Any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds fifty (50) 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. Swimming Pool. A water -filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool having a depth of more than thirty (30) inches designed, used and maintained for swimming and bathing. 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. 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. 1- 28 City of Lino Lakes - ZONING ORDINANCE • Terrace. A raised flat area with sloping sides or sides held by retaining walls, unroofed and landscaped or surfaced. Tool Shed. A small one-story accessory building used or intended for the storage of hobby tools and garden equipment. Topography. The configuration of a surface area showing relative elevations. Townhouses. Structure housing three (3) or more dwelling units contiguous to each other only by the sharing of one (1) common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of twelve (12) dwelling units and each dwelling unit shall have separate and individual front and rear entrances. Travel Trailer. A recreational vehicle that is towed by a car or a truck. Trucking Terminal. An area and building where cargo is stored and where trucks load and unload cargo on a regular basis. 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. Wading Pool. An above -ground or in -ground structure containing less than thirty (30") inches of water. Warehouse. A building used primarily for the storage of goods and materials. Warehousing. Terminal facilities for handling freight with or without maintenance facilities. Water body. A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and surrounded by land. Watershed. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. Wetlands. An area where water stands near, or above the soil surface during a significant portion of most years, saturating the soil and supporting a 41 predominantly aquatic form of vegetation, and which may have the following characteristics: i - -)O City of Lino Lakes - ZONING ORDINANCE 1. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S. 1956".) 2. Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and mulch). 3. Soil which is water logged or covered with water at least three (3) months of the year. 4. Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to preeminently terrestrial. • 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. C] Yard, Front. An open space that lies between the principal or attached accessory building and the nearest front lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance. Yard, Rear. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. Yard, Side. A yard on each side of the building between the building and the side line of the lot and extending from the front yard to the rear yard. 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. Zoning Administrator. The duly appointed officer charged with the administration and enforcement of this Ordinance. M City of Lino Lakes - Zoning Ordinance • SECTION 2. ADMINISTRATION Subd. 1. Administration: Amendments and Rezonings. In accordance with the provisions of Minnesota Statutes, the City Council may from time to time amend the Zoning Ordinance or Zoning District Map (rezoning). Amendments to the text may be initiated by Council, Planning and Zoning Board, property owner, or resident. The procedure for an amendment to the Zoning Ordinance or Zoning District Map (rezone) shall be as follows: A. Persons wishing to initiate an amendment shall fill out a "Zoning Form" and be accompanied by a fee as required in Section 1, Subd. 1.1. of this ordinance to be used for the costs of processing the application. The Zoning Form shall be filed with the Zoning Administrator. The request for amendment shall be placed on the agenda of the first possible Planning and Zoning Board meeting occurring thirty (30) days from the date of submission of the application. The request shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. B. Property owners or occupants within six hundred (600) feet of any property proposed for zoning district amendment (rezoning) shall be notified in writing, although failure by any property owner to receive notification shall not invalidate the proceedings, provided that proof of an attempt at notification has been made. Notification shall be by first-class mail. Such notification shall include the Affidavit of Mailing completed by the City and a list of all persons who have been notified pursuant to this section. In the case of rezoning shoreland, as defined by Lino Lakes Ordinance, all property owners or occupants of property, which abut the shoreline, shall be notified in writing of any property proposed for any zoning district amendment (rezoning), even though their property may be beyond the six hundred (600) feet previously contemplated in this section. C. Site and building plans consistent with the requirements established in Section 5, Subd. 2, Subd. 5.13. shall be provided prior to Planning and Zoning Board review. This requirement may be waived if rezoning can be accommodated without review of a specific proposal. D. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council. is City of Lino Lakes - Zoning Ordinance • E. The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. F. A public hearing on the rezoning application shall be held by the Planning and . Zoning Board or Council. G. Notice for the purpose, time and place of the action to change a MUSA boundary shall be published twice in the official newspaper of the City and mailed to the appropriate property owners at least ten (10) days prior to the public hearing. A clear and concise map of the proposed changes shall be included in the mailing. H. The City Council must approve or deny the application for amendment or conditional use permit requests within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. Approval of a proposed amendment shall require passage by a four -fifths (4/5) vote of the entire City Council. 0 City of Lino Lakes - Zoning Ordinance • J. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. An emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty (30) days after its publication or at such later date as it specifies. • 0 K. 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, unless reconsidered by the City Council. 2-3 City of Lino Lakes - Zoning Ordinance I* Subd. 2. Administration: Conditional Use Permits. A. 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 subdivision 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 Sections 5-9 of this ordinance. B. Procedure. 1. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a "Zoning Form" together with a fee as established by City Council resolution. The request for conditional use permit shall be placed on the agenda of the first possible Planning and Zoning Board meeting occurring thirty (30) days from the date of submission of the application. The request shall be considered officially submitted and the application approval time line commences when all the • information requirements are complied with. 2. A public hearing on the conditional use permits shall be held by the Planning and Zoning Board or the City Council. 3. At least ten(10) days prior to the public hearing; notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the City and mailed to the property owners within three hundred fifty (350) feet of the property in question. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings. 4. The applicant or his representative must appear before the Planning and Zoning Board in order to answer questions concerning the proposed conditional use. 5. Site and building plans consistent with the requirements established in Section 2, Subd. 5.B shall be provided prior to Planning and Zoning Board review. 6. The Zoning • persons to prepare general assistance City Council. Administrator shall instruct the appropriate staff technical reports where appropriate and provide n preparing a recommendation of the action to the 2-4 City of Lino Lakes - Zoning Ordinance 7. Standards. The Planning and Zoning Board shall recommend a conditional 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, 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 and/or intended character of the general vicinity and will not change the essential character of that area. d. 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. e. 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. f. Will not involve uses, activities, processes, materials, equipment 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. g. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. Will conform to specific standards of this ordinance applicable to the particular use. • City of Lino Lakes - Zoning Ordinance is 8. Whether the Planning and Zoning Board 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. 9. The City Council must approve or deny the application for amendment or conditional use permit requests within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. 10. Following approval of the conditional use permit, the applicant shall file a certified copy thereof including a legal description of the property with the County Recorder and/or Registrar of Title. 11. If construction has not begun within one (1) year after the date of the conditional use permit, or if substantial construction has not taken place within three (3) years after the date of issuance of the conditional use permit, the permit is void. A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one year. 12. 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. 13. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically 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. 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. All uses existing at the time of City of Lino Lakes - Zoning Ordinance • adoption of this ordinance and automatically granted a conditional use permit shall be considered as having a conditional use permit which contains conditions which permits the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. • 14. No application for a conditional use permit 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. Z-7 City of Lino Lakes - Zoning Ordinance • Subd. 3. Administration: Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. B. Procedure. 1. Existing Uses. Uses defined as interim uses which presently exist • as a legal use or a legal non -conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses. 2. New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 2, Subd. 2. of this Ordinance. C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • City of Lino Lakes - Zoning Ordinance • b. Conforms to the applicable performance standards of this Ordinance. C. The use is allowed in an interim use in the respective zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not imposed additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. D. Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit. • 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non -conforming. 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. City of Lino Lakes - Zoning Ordinance • Subd. 4. Administration: Variances and Appeals. Variances from the literal - provisions of the ordinance may be granted in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. A. Findings of Fact. In considering all requests for variance_ or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. 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. • 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. B. Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: 1. A person desiring a variance shall fill out and submit to the Zoning Administrator or his/her designee a "Zoning Form", together with a fee as established by City Council resolution and all related material to document said hardship. The request for variance shall be placed on the agenda of the first possible Planning Commission meeting occurring after thirty (30) days from the date of submission. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with. 2. The City Council must approve or deny the application for amendment or conditional use permit requests within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City . may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The -io City of Lino Lakes - Zoning Ordinance • notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. 3. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. 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. 5. Following approval of the variance, the applicant shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles. • • City of Lino Lakes - Zoning Ordinance 0 Subd. 5. Site and Building Plan Review. A. General. Action, except in the case of minor projects, additions, or alterations as determined by the Zoning Administrator, all site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review by the Planning and Zoning Board and approval by the City Council. B. Applications. Applications for site and building plan review shall be filed with the Zoning Administrator and shall be accompanied by: 1. An application fee in an amount established by City Council resolution. 2. Eight (8) copies and one (1) reduced copy (11" by 17") of site and building plans and supporting data. Unless exempted by the City, the following information shall be provided: a. A site plan at a suitable scale (no less than 1" = 100' or no greater than 1/2" = 1'), and indicating: 1) Existing topography having a contour interval of no greater than two (2) feet. • 2) Suggested plans for proposed storm water drainage system sufficient to drain and dispose of all surface 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. 3) Clear delineation of all streams, water bodies, and wetlands including normal water level, high water level and DNR classification. 4) Landscape plans including species and size of trees and shrubs. 5) Locations of all buildings, recreation areas, utility and service areas, access drives, parking areas, storage areas, existing and proposed utility lines, and easements. 6) 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 City of Lino Lakes - Zoning Ordinance • overcome said limitations shall be made part of the application (see City Code Sec. 1004 Restrictive Soils Ordinance). 7) Location and description of all other site improvements including fences, walls,_ signs, lighting, walkways, patios, decks and barriers. 8) A clear delineation of all areas to be paved or surfaced, including a description of surfacing material to be used. 9) The planned use of all yards. b. Building plans for all structures including: 1) The size, alignment and intended use of all structures. 2) Preliminary architectural plans for proposed buildings complete with exterior finishes and • including floor plans and elevations. 3) 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 Administrator and/or the Planning and Zoning Board determines is necessary for the review of the project. C. Review. 1. The Zoning Administrator shall forward copies of the application and site and building plans to the Planning and Zoning Board, staff, consultants and governmental agencies for review and recommendation. The Planning and Zoning Board shall perform a review and recommend approval or disapproval to the City Council. They may also suggest such conditions as they deem necessary to the approval of the site and building plans. 2-i> City of Lino Lakes - Zoning Ordinance 2. The report of the Planning and Zoning Board shall be placed on • the agenda of the City Council at its next regular meeting following referral from the Planning and Zoning Board. 3. The City Council must approve or deny the application for amendment or conditional use permit requests within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. D. Design Standards. Plans which fail to meet the following standards shall not be approved. 1. The site and buildings shall be designed, constructed and maintained to avoid substantial probabilities of: a. Unnecessary detraction from the appearance of the surrounding area or the City as a whole. b. Aesthetic incompatibility. C. Noise incompatibility. d. Traffic pattern incompatibility. e. Accelerated erosion. f. Unnecessary loss of existing natural features (vegetation, steep slopes, wetlands, water bodies). g. Increased flood potential. 2. No development shall be allowed which will result in unusual maintenance or repair costs of roads, parking areas or utility lines. • 3. 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 City of Lino Lakes - Zoning Ordinance person seeking approval to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. 4. 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. 5. 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. 6. The proposed use shall show sufficient landscaping to screen undesirable features and to enhance the appearance of the development. 7. The proposed use shall preserve the objectives of this ordinance and shall be consistent with policy and plan recommendations of the comprehensive plan. E. Performance Standards. All uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this ordinance, the Planning and Zoning Board may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant. 1. 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. 2. Activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the site approval shall no longer be in effect, and application and approval of site and building plans shall be required. 3. The applicant or the owner of land affected by such site and building plan review shall submit to the City at the time of site and building plan review application and amount for fee and deposit as required by City resolution. 4. 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 2_1� City of Lino Lakes - Zoning Ordinance • contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. • • -16 City of Lino Lakes - Zoning Ordinance . Subd. 6. Metes and Bounds Conveyances. Parcels conveyed by a metes and bounds description shall not receive City approval for transfer unless the following conditions or other conditions stipulated in the approval have been complied with, and unless the approval of the City Council has been obtained. A. The applicant shall be required to supply the following information: 1. The proposed legal description. 2. A sketch of the proposed conveyance, at a scale of not less than one (1) inch to two hundred (200) feet. Said sketch shall also display the following information: a. 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. b. Areas of tree cover and marsh or other low areas, both within the proposed conveyance. Aerial photographs may be submitted in satisfaction of this requirement, provided that they sufficiently show the above information. • C. The location of any utility easements, roadways, or drainage ditches on or abutting any portion of the proposed conveyance. d. Indication of how the parcel can be resubdivided into urban sized lots. e. Indication as to where proposed buildings will be located so as to allow for the future resubdivision and future streets. f. Indication of areas of suitable soils adequate for homesite, on -site sewage disposal systems, and at least one back up drain field. An approximate contour line encompassing the area of the lot which is at least four (4) feet above the seasonal high water table. 3. 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 • (5) years from the date of application. If the owner has no opinion, "no opinion" shall be an acceptable response. 2-17 City of Lino Lakes - Zoning Ordinance B. The required information shall be submitted to the Planning and Zoning Board for review. In this review, the Planning and Zoning Board shall have authority to require the submission of additional data, including, but not limited to, the following: 1. At the applicant's expense, a survey by a registered land surveyor of the proposed conveyance. 2. At the applicant's expense, a topographic map at contour intervals deemed appropriate by the Planning and Zoning Board prepared by a registered land surveyor or professional engineer. 3. At the applicant's expense, a recommendation by the City Engineer relative to the probable impact of the proposed conveyance on local drainage patterns. C. No public hearing shall be required, but the Planning and Zoning Board may, through correspondence, request input from nearby property owners, and may conduct informal public meetings for the purpose of obtaining additional citizen • input. D. Following its review, the Planning and Zoning Board 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. E. The City Council shall, after receiving the recommendations of the Planning and Zoning Board approve or deny the application. As a condition of approval, the City Council shall require: 1. The dedication of easements for utility extensions and for future collector streets and through residential streets as determined by either the conceptual street map adopted for the area or by the recommendations of the City Engineer. 2. The dedication for park purposes of up to ten (10) percent of the land within the parcel of record sought to be divided, or the cash equivalent thereof. 3. 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 agreement with the applicant, and require such security for improvements as the city deems appropriate. 2-18 City of Lino Lakes - Zoning Ordinance • • • If the City Council denies the applicant, it shall notify the applicant in writing, making note of its reasons for denial. F. The City may waive the above requirements for lot splits of five (5) acres or more which are not part of a larger subdivision and providing that the City's park land dedication requirement is satisfied and that street, utility and drainage easements or rights -of -way are provided as necessary. ?-19 City of Lino Lakes - Zoning Ordinance • Subd. 7. Duties of City Staff. The offices of the Zoning Administrator and Building Official are hereby established; official(s) shall be appointed by the government body and serve at its pleasure. A. Duties of the Zoning Administrator. The Zoning Administrator shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Zoning Administrator under this Ordinance, express or implied, and shall have the duty and power to: 1. Issue permits required by this ordinance. 2. Maintain all records necessary for the enforcement of this ordinance; including, but not limited to, all data, maps, amendments, rezonings, and conditional use permits, variances, appeal notices, certificates of occupancy, and applications thereof, nonconforming uses. 3. 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. 4. Serve as ex-officio, non -voting member of the Planning and • Zoning Board. • 5. Perform all duties set forth in job description. B. Duties of the Building Official. The Building Official shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Building Official under this ordinance, express or implied, the Building Official shall have the duty and power to: 1. Conduct inspections of land, buildings or structures at reasonable times, to determine compliance with and enforce the provisions of this ordinance. 2. Perform annual and/or periodic review of all conditional use permits. 3. Institute in the name of the City any appropriate actions or proceedings to enforce this ordinance. 4. Perform all duties set forth in job description. --10 City of Lino Lakes - Zoning Ordinance is Subd. 8. Certificate of Occupancy. A. 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. B. 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 Building 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. C. Application for a certificate of occupancy for a new use of land shall be made to the Building 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. D. A record of all certificates of occupancy shall be kept on file with the City. • City of Lino Lakes - Zoning Ordinance is Subd. 9. Enforcement and Penalties A. Administration and Enforcement. 1. This Ordinance shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the City of Lino Lakes any appropriate actions or proceedings against a violator as provided by statute, ordinance, or code. 2. If the provisions of this Ordinance are being violated, the City shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Section to insure compliance with or to prevent violation of its provisions. B. Penalties, Violations, and Enforcement. In addition to the remedies set out in the paragraph above, the City may enforce any provisions of this Ordinance by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. 0 • City of Lino Lakes - ZONING ORDINANCE SECTION 3. GENERAL PROVISIONS Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Subd. 2. Non -Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into • conformity. B. Provisions. 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, except in compliance with items (7) and (9) below. 3. When any lawful non -conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non -conforming use. 4. Whenever a non -conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is 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. 3-1 0 City of Lino Lakes - ZONING ORDINANCE 4 5. Whenever a lawful, non -conforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. 6. Any non -conforming 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 non -conforming use shall cease. 7. Normal maintenance of a building or other structure containing or related to a non -conforming use is permitted, including necessary repairs and incidental alterations which do not extend or intensify the non -conforming use. 8. A lawful non -conforming use may be changed only to a use that decreases its non -conformity. 9. Alterations may be made to a structure containing non -conforming residential units when they will improve the livability thereof, provided they 40 will not increase the number of dwelling units or expand size of existing building or structure. 4 3-2 • City of Lino Lakes - ZONING ORDINANCE Subd. 3. General Parcel, Lot and Yard Provisions. A. Lot of Record. 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: a. Satisfies all other appropriate provisions of this Ordinance. b. Has frontage on a full width public right-of-way, and an improved street which has been accepted for maintenance by the City of Lino Lakes. 2. Substandard Lots of Record. a. Sewered Lots. Any lot of record existing at the effective date of this ordinance and held in separate ownership different from the ownership of adjoining lots, prior to October 31, 1989, may be used • for the erection of a structure conforming to the use regulations of the district in which it is located, provided its area, width, and depth meet seventy (70) percent of the minimum requirements of the zoning district (see 1. above). • b. Unsewered Lots. 1) Except as provided for in this subdivision, the minimum single family lot size is ten (10) acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to July 13, 1992, provided that it can be demonstrated by means satisfactory to the City that the smaller parcels will not result in ground water, soil or other contamination which may endanger the public health. 2) Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one (1) acre if the balance of the property results in a parcel of ten (10) acres, or is serviced by public sewer, and it can be demonstrated by means satisfactory to the City that the 3-3 • City of Lino Lakes - ZONING ORDINANCE division will not result in ground water, soil or other contamination which may endanger the public health. 3) Two family dwellings and multiple family dwellings are not allowable uses upon unsewered lots. 4) Subject to the other provisions of the Zoning Ordinance, other non-residential uses may be permitted through site plan review. The minimum lot size for each principal use is ten (10) acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to July 13, 1992 or newly created unsewered lots in the commercial and industrial zoned districts provided the following conditions are met: a) A site plan approval shall not be granted unless it can be demonstrated by means satisfactory to the City that the use will not result in ground water, soil or other contamination which may endanger the public health, will not increase future City utility service • demands and expense, and will not jeopardize public safety and general welfare. n b) The commercial or industrial subdivision waives all rights of appeal of future local public improvements under the Lino Lakes City Charter. 5) All subdivisions in areas without public sanitary sewer shall be designed such that the larger non-sewered lots can be resubdivided to provide smaller sewered lots when sewer becomes available in the future. Homes and accessory buildings shall be located on these lots so as to allow for future resubdivisions. B. Minimum Lot Area Requirements. 1. Minimum Lot Area Per Unit. The lot area per unit requirement for single family, two family, and multiple family residential dwellings shall conform to the applicable zoning district provisions in which the dwelling is located. 3-4 • City of Lino Lakes - ZONING ORDINANCE 2. Buildable Area. a. Within zoning districts with a minimum lot size requirement of less than ten (10) acres, the minimum lot area requirement shall be exclusive of floodplains, watercourses, wetlands, water bodies, and street rights -of -way. b. Within zoning districts with a minimum lot size requirement of ten (10) acres or more, up to eighty (80) percent of the minimum lot area may be comprised of areas which are platted as street rights - of -way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by this ordinance. C. Building Placement 1. Street Obstructions. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. • 2. Residential Districts. Except in Planned Development Overlay Districts, as provided for in Section 9, Subd. 3 of this Ordinance, not more than one (1) principal building shall be located on a residential lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 1, Subd. 2 of this Ordinance. 3. Commercial Industrial and Public/Semi-Public District except in the NB Zoning District. More than one principal structure per lot may be allowed in planned developments, provided that all performance standards and appropriate provisions of this ordinance are met for the designated land use zoning district. D. Yards, Open Space and Setbacks. 1. Open Space. a. No setback, yard or other open space shall be reduced in area or dimension so as to make such setback, yard or other open space less than the minimum required by this Ordinance, and if the existing setback, yard or other open space as existing is less than • the minimum required, it shall not be further reduced. 3-5 • City of Lino Lakes - ZONING ORDWANCE b. In residential districts, off-street parking space, structures of any type, buildings, or other features shall not cover more than sixty- five (65) percent of the lot area resulting in less than thirty-five (35) percent open space. C. In commercial, industrial and publictsemi-public zoning districts, the minimum site area devoted to open space shall conform to applicable standards of the base zoning district. 2. Setbacks. a. Front Setbacks. Where principal buildings or adjoining lots existed at the time of adoption of this Ordinance have a lesser setback from that required, the required front yard setback of a new structure shall not be less than the average front yard of the adjacent buildings on each side lot for four hundred (400) feet and in no case shall be less than twenty (20) feet. • b. Zero Lot Line Subdivision. 1) Townhomes and Apartments. a) No single townhouse structure shall contain more than twelve (12) dwelling units. b) Minimum unit width for townhouses shall be not less than twenty-four (24) feet. c) Townhouses and apartments intended for owner occupancy shall be subdivided on an individual unit or condominium basis, through a Planned Development Overlay according to the provisions of Section 9, Subd. 3. of this Ordinance. 2) Subdivision of Two Family or Quadraminium Lots. The subdivision of base lots containing two family dwellings or quadraminiums to permit individual private ownership of a single dwelling within such a structure is acceptable subject to City Council approval. Approval is further contingent • upon the following requirements: 3-6 • • • City of Lino Lakes - ZONING ORDINANCE a) Prior to a two family dwelling or a quadraminium subdivision, the base lot must meet all the requirements of the zoning district. b) There shall be no more than one (1) principal structure on a base lot in all residential districts. The principal structure on a unit lot created in a two family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted base lots. c) Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements. d) A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his review and subject to approval. The agreement shall ensure the maintenance and upkeep of the structure including but not limited to siding, roofing (type and color), fencing, driveways, maintenance, etc. and the lots to meet minimum City standards. The agreement is to be filed with the Anoka County Recorder's office as a deed restriction against the title of each unit lot. e) Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. f) The subdivision is to be platted and recorded in conformance to requirements of the Lino Lakes Subdivision Ordinance. 3) Subdivision of Commercial and Industrial Lots. The subdivision of base lots containing two (2) or more commercial or industrial units to permit individual private ownership of a single commercial or industrial office/warehouse within a single structure is acceptable 3-7 • City of Lino Lakes - ZONING ORDINANCE subject to the approval of a "PDO", Planned Development Overlay District, as regulated by Section 9, Subd. 3 of this Ordinance. C. 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 thoroughfares shall be required. 3. Permitted Yard Encroachments. The following shall not be considered as encroachments on setbacks requirements subject to other conditions provided herein: a. All Yards. 1) Flag poles, sidewalks, name plate signs all districts, trees, shrubs, plants, yard lights, mailboxes, floodlights, or other • sources of light illuminating authorized illuminated signs, or light standards for illuminating yards for safety and security reasons, provided the direct source of light complies with Section 3, Subd. 4.1-1 of this Ordinance. These uses may be permitted in any yard provided they are not located in any easement. 2) Posts, flues, belt course, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure, provided they do not project more than two (2) feet into a required setback. 3) Terraces, steps, exposed ramps (wheelchair), fences, bay windows 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, uncovered porches, decks, balconies, 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 or side lot line abutting a street nor less than one (1) 3-8 • City of Lino Lakes - ZONING ORDINANCE foot from any existing or proposed access drive. • U 4) In rear yards, laundry drying equipment, recreational equipment (non -vehicular), trellises, open arbors, detached outdoor living rooms not to exceed five hundred (500) square feet, and air conditioning or heating equipment, provided they are at a distance of five (5) feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements. b. Corner Lots. On corner lots, 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) 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. 3-9 • City of Lino Lakes - ZONING ORDMANCE Subd. 4. General Building and Use Provisions A. Dwelling Unit Restriction. No cellar, garage, tent, travel trailer, motor home, basement with unfinished structure above, or accessory building shall at any time be used as a dwelling unit. B. Building Type and Construction. 1. All buildings erected on land within commercial, industrial and public and semi-public zoning districts shall conform with the following: a. Exterior wall surfaces may be a combination of materials including brick, pre -cast concrete panel, decorative concrete panel, architectural concrete block, cast -in -place concrete, stone or glass, with metal panels encompassing no more than fifty (50) percent of all elevations of the building combined. b. On the building elevations facing the front of the lot or that portion of the building abutting a right-of-way or residential zoned properties, architectural metal panels shall not exceed twenty (20) • percent of the wall surface. 2. Pole Barn Construction. a. Rural and Residential Districts. Pole barns, as defined by Section 1, Subd. 2. of this Ordinance, within rural and residential zoning districts shall comply with the applicable provisions of Section 3, Subd. D of this Ordinance. b. Commercial Industrial and Public/Semi-Public Zoning Districts. Pole barn construction and sheet metal exteriors shall be permitted in all commercial, industrial and public and semi-public zoning districts as a conditional use under the following circumstances: 1) The new pole barns are accessory structures used for storage of buses. 2) As an Expansion of a Pole Barn. The expansion shall not be more than fifty (50) percent of the gross area of the pole barn as of the passage of the Ordinance dated 24 August 1987. The City may attach conditions to the expansion to • maintain and enhance the appearance and function of the 3-10 • City of Lino Lakes - ZONING ORDINANCE building including landscaping and building exterior requirements. 3) The provisions of Section 2, Subd. 2. of this Ordinance are considered and satisfactorily met. C. Height. 1. Non -Occupancy Structures. The height of non -occupancy structures such as utility poles, towers and other electrical appurtenances shall not exceed the following: Rural and Industrial Zoning Districts 200 feet, any structure greater than 45 feet in height requires a conditional use permit Residential, Commercial and Public/Semi-Public Districts 45 feet 2. Exceptions. The building height limits established herein for districts shall not apply to the following: a. Farm structures. • b. C. Church spires. Belfries. d. Cupolas. e. Windmills. f. Solar energy devices. g. Chimneys and smokestacks. h. Flag poles. i. Non-commercial television and radio antennae, and satellite dishes. j. Parapet walls extending not more than four (4) feet above the limiting height of the building. k. Elevator penthouses. I. Cooling towers/water towers. m. Lighting structures for public outdoor recreational fields not exceeding eighty (80) feet in height. sixty (60) n. Lighting structures for public hockey rinks not exceeding feet in height. 3. Conditional Use Permit. Building heights in excess of those standards contained in the district provisions and any other sections of this Chapter may be allowed through a conditional use permit, provided that: • 3-11 • City of Lino Lakes - ZONING ORDINANCE a. Demonstrated need is established for the increase in height and said increase will not violate the intent and character of the zoning district in which the structure is located. b. The site is capable of accommodating the increased structure size. C. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. d. Public utilities and services are adequate. e. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by ten (10) percent. f. The construction does not limit solar access to abutting and/or neighboring properties. • g. The provisions of Section 2, Subd. 2. of this Ordinance are considered and satisfactorily met. D. Accessory Buildings and Structures. 1. General Provisions. a. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory. b. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. C. No detached accessory structure shall be closer to the front lot line then the principal building or its attached garage. d. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property, or be located in any utility or drainage easement. 3-12 • City of Lino Lakes - ZONING ORDINANCE - e. A garage in residential districts shall not be utilized for business service or industry. Further, not more than one-half of the space may be rented for the private vehicles of persons not residing on the premises. Such garage shall not be used for more than one (1) commercial vehicle. The gross weight rating of such vehicle shall not exceed eleven thousand seventy-five (11,075) pounds. 2. Tennis Courts. In all districts, the following standards shall apply to tennis courts: a. A building permit shall be required for all private residential and commercial tennis courts. b. A conditional use permit shall be required for all commercial tennis courts. C. An application for a building permit or a conditional use permit shall include a site plan showing the following along with all required information: + 1) The size, shape, pavement and sub -pavement materials. 2) The location of the court. 3) The location of the house, garage, fencing, septic systems and any other structural improvements on the lot. 4) The location of structures on all adjacent lots. 5) A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court. 6) Landscaping and turf protection around the court. 7) Location of existing and proposed wiring and lighting facilities. d. Tennis courts shall not be located closer than ten (10) feet to any side and rear lot line. Tennis courts shall not be located within any required front yard or side yard abutting a street. 3-13 • City of Lino Lakes - ZONING ORDINANCE e. Tennis courts shall not be located over under -ground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage or other easement. • f. 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. g. Chain link fencing surrounding the tennis court may extend up to twelve (12) feet in height above the tennis court surface elevation. h. Lighting for the tennis court shall be directed toward the tennis court and not toward adjacent property. 3. Swimming Pools. a. Single Family and Two Family Dwellings. The following shall apply to all swimming pools which are intended for use accessory to single-family and two-family dwellings: 1) A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons or with a depth potential of thirty (30") inches 2) 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, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees, similar features, and location of any water heating unit. 3) Pools shall not be located within ten (10) feet of any septic tank and twenty (20) feet from drain field nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setback. 3-14 . City of Lino Lakes - ZONING ORDINANCE 4) The filter unit, pump heating unit and any noise -making mechanical equipment shall be located not closer than twenty (20) feet to any lot line. n LJ 5) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type. 6) Pools shall not be located within any private or public utility, walkway, drainage or other easement. 7) In the case of in ground pools, the necessary precautions shall be taken during the construction to: a) Avoid damage, hazards or inconvenience to adjacent or nearby property. b) Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property. 8) 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. 9) Lighting for the pool shall be directed toward the pool and not toward adjacent property. 10) A structure, including above ground pool walls, or safety fencing or 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. 11) Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type. Such water shall be subject to periodic inspection by the local health officer. 12) All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections. 3-15 • City of Lino Lakes - ZONING ORDINANCE 13) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures. 14) All swimming pools for which a building_ permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least four (4) feet in height. The bottoms of the fences shall not be more than four (4) inches from the ground. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self -closing and self -latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this section need only be provided around the means of access on above ground • pools which have four (4) foot high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the City Building Inspector. 15) 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. 16) To the extent possible, back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer. 17) Drainage of pools into public streets or other public drainageways shall require written permission of the Zoning Administrator. b. 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 3-16 • City of Lino Lakes - ZONING ORDINANCE regulations shall be met in addition to those listed for single and two family dwellings provided in Section 3, Subd. 4.D.3.a. above: 1) No part of the water surface of the swimming pool shall be less than fifty (50) feet from any lot line. 2) 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. 3) The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be placed between the pool area and adjacent lot lines. 4) 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. • 5) To the extent possible, back -flush water or water from pool drainage shall be directed onto the owner's property. CJ 4. Houseboats. Houseboats are considered accessory structures for purpose of applying this Ordinance and shall comply with the following standards: a. Any object that floats which has sleeping accommodations and facilities for preparing food shall be defined as a houseboat. b. 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 permit. Said permit shall identify 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. C. Each houseboat shall have one (1) off-street parking space within four hundred (400) feet of the access to the docking of such houseboat. 3-17 City of Lino Lakes - ZONING ORDINANCE d. No houseboat shall be used as a permanent residence and further, that utilities including sanitary sewer, water, electricity, and phone shall not be extended to the houseboat. 5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory building. All ice fishing houses stored on site shall be licensed in accordance with State law. 6. Docks and Boat Launches. Private docks and boat launches may be stored upon riparian lots provided such structures lie upon the same lot as the principal structure to which they serve. 7. Roadside Stands. Seasonal, temporary roadside stands for the sale of agricultural products shall be permitted if: a. They are located in a zoning district which makes a specific allowance for such use; and b. They are located upon the lot on which the produce is grown. • C. They are erected at least sixty (60) feet back from the nearest edge of the roadway surface; and d. Adequate parking space is provided off the road right-of-way and safe vehicular access and movements are assured. 8. Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. a. Twenty (20) Acres or Greater. (R, R-X, RBR, and PSP Districts) 1) No maximum size requirement. 2) Metal buildings and pole barns acceptable. 3) No maximum height requirement. 4) One (1) attached garage not to exceed one thousand one hundred (1,120) square feet or equal to the size of the house foundation, whichever is greater 3-18 • City of Lino Lakes - ZONING ORDINANCE 5) Each detached accessory building must be separate and not physically attached to another. b. Ten (10) to Less than Twenty (20) Acres. (R, R-X, R-BR, and PSP Districts) 1) The combination of accessory building(s) and garage(s) shall not exceed five thousand (5,000) square feet, whichever is least. 2) Total allowable accessory building space shall be limited to the following: a. One (1) attached garage and b. Two (2) detached accessory structures. 3) Metal buildings and pole barns acceptable. 4) Attached garages shall not exceed one thousand one • hundred (1,120) square feet or equal to the size of the house foundation, whichever is greater. 5) Building height shall not exceed base district requirement. 6) Each detached accessory building shall be separate and not physically attached to another. C. Five (55) to Less than Ten (10) Acres. (R, R-X, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed four thousand two hundred (4,200) square feet, whichever is least. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures. • 3) Metal buildings and pole barns acceptable. 3-19 • City of Lino Lakes - ZONING ORDINANCE 4) Attached garages shall not exceed one thousand one hundred (1,120) square feet or the size of the house foundation, whichever is greater. 5) Building height shall not exceed base district requirement. 6) Each detached accessory building shall be separate and not physically attached to another. d. Two and One -Half (2 1/2) Acres to Less Than Five (5) Acres. (R, R-X, R-BR, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed three thousand six hundred (3,600) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and • b) Two (2) detached accessory structures. • 3) Attached garages shall not exceed one thousand one hundred (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) Each detached accessory building shall be separate and not physically attached to another. 5) No metal corrugated siding or roof, except upon tool sheds less than four hundred (400) square feet in area. 6) Twenty-four (24) feet maximum height. 7) Roof and exterior color and material compatible with home (except manufactured metal tool shed). e. One and One -Quarter (1 1/4) Acres to Two and One -Half (2 1/2) Acres (R and R-X Districts) 3-20 • City of Lino Lakes - ZONING ORDINANCE - 1) The combination of accessory buildings and garages shall not exceed two thousand twenty (2,020) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures 3) Attached garages shall not exceed one thousand one hundred (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) Each detached accessory building shall be separate and not physically attached to another. 5) No metal corrugated siding or roof, except upon tool sheds less than one hundred fifty (150) square feet in area. • 6) Twenty-four (24) feet maximum height. 6) Roof and exterior color and material compatible with home (except manufactured metal tool shed). n U f. One and one -quarter Acre or Greater. (R-1, R-1X, R-2, R-3, R-4, R-6, and R-7 Districts) 1) The combination of accessory buildings and garages shall not exceed two thousand twenty (2,020) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures. 3) Attached garages shall not exceed one thousand one hundred (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 3-21 • City of Lino Lakes - ZONING ORDINANCE 4) No metal corrugated siding or roof, except upon tool sheds less than one hundred fifty (150) square feet in area. 5) Twenty (20) feet maximum height. 6) Roof and exterior color and material compatible with home (except manufactured metal tool shed). g. Thirty-two thousand six hundred seventy one (32,671) Square Feet to Less than One and one -Quarter Acre. (R, R-X, R-1, R-1X, R-2, R-3, R-4, R-6, R-7, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed one thousand one hundred (1,120) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and one (1) detached structure, or 0 b) Two (2) detached accessory structures. • 3) Attached garages shall not exceed one thousand one hundred (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) Twenty (20) foot maximum height. 5) No metal or corrugated siding or roof, except upon tool sheds less than one hundred fifty (150) square feet in area. 6) Roof and exterior color and material compatible with home (except manufactured tool shed). h. Under 32,671 Square Feet. (R, R-X, R-1, R-1 X, R-2, R-3, R-4, R- 6, R-7 Districts) 1) The combination of accessory buildings and garages shall not exceed one thousand (1,120) square feet. 3-22 • City of Lino Lakes - ZONING ORDINANCE 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and one (1) detached accessory structure, or b) Two (2) detached accessory structures. 3) Attached garages shall not exceed one thousand (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) Twenty (20) foot maximum height. 5) Roof and exterior color and material compatible with home (except manufactured tool shed). E. Single Family Dwellings. All single family detached dwellings in the R, R-X, R- 1, R-1X, and 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 or depth of twenty (20) feet. Width measurement shall not take into account 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 shall have at least a four/twelve (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 of 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 construction. Any metal siding upon single family residence structures shall have a vertical 3-23 • City of Lino Lakes - ZONING ORDINANCE dimension no greater than twelve (12) inches. Sheet metal siding shall not be permitted in such districts. F. Quasi -Public Structures. 1. No quasi -public structure shall be located within the public right-of-way except as approved 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. 2. Public and quasi -public utility poles and underground services may be permitted within public right-of-way provided that: a. A permanent identification tag or marking is affixed to each structure. b. The City is notified as to the location and date of placement of the structure. C. The City is notified of any change of structure ownership, removal 0 or modification. • d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed. G. Refuse and Recyclable Material. 1. Removal. Passenger automobiles and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of thirty (30) days, and all materials stored outside in violation of City Code provisions are considered refuse or junk and shall be disposed of within thirty (30) days of notification by the City. 2. Location and Screening. a. Dwelling Units Single Family Duplexes and All Other Residential Structures With Four 4 or Less Units. Garbage cans, waste containers and recycling bins shall be kept in rear or side yards. 3-24 • City of Lino Lakes - ZONING ORDINANCE b. Other Uses. All refuse, recyclable materials, and necessary handling equipment including but not limited to garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or totally screened from eye level view from all neighboring uses and the public right-of-way. C. Exterior Storage. Exterior storage of refuse and recyclable material shall require the following: 1) Exterior wall or fence treatment shall be similar and/or complement the principal building. 2) The enclosed trash and/or recycling receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements. 3) The trash and/or recycling enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash and/or recycling receptacles must be fully screened from view of adjacent properties and the public • right-of-way by a fence or wall of at least six (6) feet in height and a minimum opaqueness of eighty (80) percent. 5) All dumpsters, recycling bins, handling equipment, and enclosures shall be approved by the City Council and be kept in a good state of repair with lids designed to prevent spilling and spread of debris and access by animals. The construction of trash and recycling enclosures shall be per standards established by the City Building Official or licensed recycled hauler/contractor and all designs and construction of such enclosures shall be subject to the Building Official's approval. H. Glare. Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential use or zone and from public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or the public right-of-way. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights • 3-25 • City of Lino Lakes - ZONING ORDINANCE which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candles (meter reading) as measured from said property. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. J. Dust and Other Particulated Matter. The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. K. Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. L. Noise. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota • Regulations MPC 7030, as amended and City Code. M. Sewage Disposal. Where allowed, the installation of on -site sewage treatment systems shall be in compliance with the provisions of the State Uniform Building Code and applicable State and City codes. N. Waste Material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system, the sanitary sewer system or any public water body, but shall be disposed of in a manner approved by the Minnesota State Fire Marshal, the Pollution Control Agency, the Department of Natural Resources and the Zoning Administrator. O. Bulk Storage (Liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal, Minnesota Department of Agricultural Offices, and have documents from those offices stating the use is in compliance. P. Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. is • City of Lino Lakes - ZONING ORDINANCE Q. Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. R. Exterior Storage. 1. Rural and Residential Zoning Districts. a. Exceptions. All personal property in a residential zone and/or on properties ten (10) acres in size or less 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: 1) Laundry drying. 2) Non -vehicular recreational equipment. 3) Home heating fuel tanks. 4) Stacked firewood. 5) Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. 6) Agricultural equipment and materials, if these are used or • intended for use on the premises. 7) Off-street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with Section 5, Subd. 5.C.8.j of this Ordinance. r� U b. Recreational and Utility Vehicle and Trailer Storage. Recreational vehicles, as defined by Section 3, Subd. 2 of this Ordinance may be parked or stored on a residential site provided that: (1) The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: (2) The vehicles have affixed thereto current registration or license plates as required by law. (3) The vehicles are stored no closer than five (5) feet from side and rear lot lines. 3-27 City of Lino Lakes - ZONING ORDINANCE (4) The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 8, Subd. 4 (3) of this ordinance. (5) All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb/pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet (6) No vehicle shall be parked in a manner that blocks a city or county park or trail. (7) The vehicles are not connected to any water or sewage disposal system on the residential property where the same • is so parked or stored. 2. Commercial Industrial and Public/Semi-Public Zoning Districts. a. Exterior Storage. Exterior storage shall be governed by the respective zoning district in which such use is located. b. Exceptions. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following: 1) Merchandise being displayed for sale in accordance with zoning district requirements. 2) Materials and equipment currently being used for construction on the premises. C. Parking of Commercial Vehicles. Up to three (3) commercial vehicles such as delivery and service trucks up to eleven thousand seventy-five (11,075) pounds of gross weight rating may be parked without screening if such vehicles relate to the principal use. • Construction equipment, trailers, and vehicles over eleven 3-28 • City of Lino Lakes - ZONING ORDINANCE thousand seventy-five (11,075) pounds of gross weight rating shall require screening. 3. All Zoning Districts. a. Excepting temporary construction trailers and facilities operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City Council, no recreational vehicle may be used for office, business, industrial manufacturing, testing, or storage of items in conjunction with a business, commercial or industrial enterprise. b. 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 such use constitutes a threat to the public health, safety, convenience, or general welfare. S. Required Fencing, Screening and Landscaping. 1. Fencing and Screening. Where any business or industrial use (i.e., • structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Building Official). All the fencing and screening specifically required by this Ordinance shall be subject to Section 3, Subd. 4.S. and shall consist of either a fence or a green belt planting strip as provided for below: is a. A green belt planting strip shall consist of evergreen trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide complete visual screening to a minimum height of six (6) feet at time of planting. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. In such cases when planting strips are used in conjunction with berms, plant height may be reduced accordingly such that a total visual screen of not less than six (6) feet in height is maintained. The planting plan and type of plantings shall require the approval of the City Council. 3-29 • City of Lino Lakes - ZONING ORDINANCE b. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six (6) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of six (6) feet in height.shall require approval of the Building Official. 2. Landscaping - General Residential. The lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping within one (1) year following the date of building occupancy. Fences or trees placed upon utility easements require City approval and are subject to removal at the owner's expense if required for the maintenance or improvement of the -utility. The City assumes no liability for replacement. Branches of trees on utility easements containing overhead wires shall not lie within ten (10) feet of such wires at mature plant height. 3. Landscapinq - New Residential Subdivisions Semi -Public and All _Income • Producing Property Uses. (Excluding residential structures containing less than four (4) dwelling units). Prior to approval of a building permit, all above referenced uses shall be subject to mandatory landscape plan and specification requirements. • a. All landscape plans shall be subject to compliance with all applicable CPTED (Crime Prevention through Environmental Design) standards as the police department and the zoning administrator. b. Said landscape plan should be developed with an emphasis upon the following areas: 1) The boundary or perimeter of the proposed subdivision or site at points adjoining other property and the immediate perimeter of the structure. 2) The immediate perimeter of the structure. 3) The perimeter of parking and loading areas. 3-30 • City of Lino Lakes - ZONING ORDINANCE 4) Preservation of existing trees in conformance with City shade tree standards. 5) Buffer yards as defined by Section 1, Subd. 2. C. All landscaping incorporated in said plan shall conform to the following standards and criteria: 1) All plants must be at least equal to the following minimum size: Shade Trees* Half Trees (Flowering Crabs, Russian Olive Hawthorn, Etc.) Evergreen Trees Potted/Bare Root or 2 in. dia 6-7ft. Balled & Burlapped 2 in. dia 1-1/2 in. dia 3-4ft. Tall Shrubs & Hedge Material (Evergreen or Deciduous) 3 - 4 ft. 3 - 4 ft. Low Shrubs - Deciduous 18-24 inches 24-30 in. - Evergreen 18-24 in. 24-30 in. potted - Spreading Evergreen 18-24 in. 18-24 in. potted Type and mode are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, manmade irrigation, grading, etc.). 2) Spacing a) Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the City 3-31 • City of Lino Lakes - ZONING ORDNANCE b) Where planting materials are planed in two or more rows, plantings shall be staggered in rows unless otherwise approved by the City staff. • • c) Large deciduous shrubs shall be planted so that mature widths shall overlap so as to provide an effective visual screen. 3) Types of New Trees. Plantings and suitable trees include but are not limited to: Deciduous Trees: Common Name: Oak Maple Hackberry (Thornless) Birch Honeylocust Linden/Basswood (American and Little Leaf) Common Name: Ash (Green and White) Ginkgo (male tree only) Kentucky Coffee Tree Ohio Buckeye Amur Chokecherry Delaware American Elm Amur Cork Robusta Poplar Niobe Weeping Willow 3-32 Scientific Name: Quercus (all climatic Zone 3 varieties) Acer (all climatic Zone 3 varieties) Celtis Occidentalis Betula (all climatic Zone 3 varieties) Gleditsia Tricanthos Tilia (Cordata and Americana) Scientific Name: Fraxinus (Pennsylvania & Americana) Ginkgo Biloba Gymnocladus Dioicus Aesculus Glabra Prunus Maackii Ulmus Americana "Delaware" Phellodendron Amurense Populus X Robusta Salix X Blanda r� U r� • City of Lino Lakes - ZONING ORDINANCE Evergreen Trees: Common Name: Fir Spruce Pine Canadian Hemlock European Larch Cedar 4) Design. Scientific Name: Abies (all climatic Zone 3 varieties/Pseudotsuga) Picea (all climatic Zone 3 varieties) Pinus (all climatic Zone 3 varieties) Tsuga Canadensis Larix Decidua Cedrus (all climatic Zone 3 varieties) a) The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). b) All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the City. c) Turf slopes in excess of three to one (3:1) are prohibited. d) Four (4) inches of black dirt shall be applied to all landscape situations and be thoroughly tilled into the sub -grade to a minimum depth of seven (7) inches. e) All ground areas under the building roof overhand must be treated with a decorative mulch and/or foundation planting. f) All buildings must have an exterior water spigot to insure that landscape maintenance can be accomplished. 3-33 • City of Lino Lakes - ZONING ORDINANCE g) Trees and shrubs shall not be planted in the right-of- way except for designated parkways and boulevard reforestation as determined by City 5) Landscape Guarantee. All new plants shall be guaranteed for twelve (12) months from the time construction has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting or a letter of credit and/or cash escrow in lieu of a warranty. 6) Tree Preservation. Prior to the issuance of building permits for all new and/or expanded multiple family residential, commercial, industrial, and institutional uses, a tree preservation plan shall be submitted. The plan and its implementation shall be in accordance with the City's adopted tree preservation guidelines and requirements as outlined in the City's Subdivision Ordinance and shall be subject to the review and approval of the City. The City may • exempt an applicant from the submission of a tree preservation plan upon demonstration that such a plan is not considered relevant to the site in question. 4. Mechanical Equipment. The City Council may require all mechanical equipment such as air conditioning units, etc. erected on the roof of any structure, to be screened or camouflaged so as not to be visible. 5. Buffer Yards. a. Establishment. Space for buffering/screen plantings shall be established along major highways, arterials, and collector streets in accordance with the applicable provisions of the City's subdivision regulations. b. Screening Plan Required. For applicable subdivisions, a comprehensive screening plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view. 3-34 • City of Lino Lakes - ZONING ORDINANCE C. Timing/Responsibility of Installation. Weather permitting, all buffer, bermings, and/or plantings shall be constructed or planted prior to the issuance of an occupancy permit. d. Maintenance. 1) Maintenance of the buffer strip planting and/or fence shall be the responsibility of the individual property owners or if applicable, the homeowners association. 2) Color of the screening wall or fence shall be uniform along its entire length and shall not be modified without City approval. 3) All repairs to the fence or wall shall be consistent with the original fence design in regard to location and appearance. 4) Replacement of landscape materials or plantings in a screen area shall be consistent with the original screen design. • 5) All repair or plan replacement shall be done within forty-five (45) days of written notification from the City or if applicable, the homeowners association. C, e. Design Standards. 1) Plantings. All plantings within designated buffer yards shall adhere to the following: a) Plant material centers shall not be located closer than three (3) feet from the fence line or property line. b) Landscape screen plant material shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the City c) Where massing of plants or screening is intended, deciduous shrubs shall not be planted more than four (4) feet on center, and/or evergreen shrubs shall not be planted more than three (3) feet on center. d) Landscape material sizes shall be consistent with Section 3, Subd. 4.S.3. of this Ordinance. 3-35 • ;7 City of Lino Lakes - ZONING ORDINANCE e) Plantings suitable for buffering/ screening purposes include, but are not limited to: Common Name Ground Covers: Ground juniper Periwinkle, myrtle Shrubs: Dwarf -winged euonymus Winged euonymus Privet Mockorange Buckthorn Sumac Common lilac Japanese yew American arborvitae Shade Trees: Amur Maple Norway Maple (and Schwedleri, Crimson King, etc.) Red Maple Sugar Maple River Birch Hackberry White Ash Green Ash Ginko Tree Honeylocust Kentucky Coffee Tree Crabapple 3-36 Scientific Name Juniperus spp. Vinca minor Euonymus alatus "compactus: Euonymus alatus Ligustrum spp. Philadelphus spp. Rharmnus spp. Rhus spp. Syringa vulgaris Taxus cuspidata Thuja occidentalis Acer Ginnala Acer Platanoides (climatic Zone 3 varieties) Acer Rubrum Acer Saccharum Betula Nigra Celtis Occidentalis Fraxinus Americana Fraxinus Pennsylvania Lanceolata (and varieties) Ginkgo Biloba (male tree only) Gleditsia Triacanthos Gymnocladus Dioicus Malus spp. City of Lino Lakes - ZONING ORDINANCE Crabapple Malus spp. Oak Querus spp. Mountain Ash Sorbus spp. American Linden Tilia Americana Little Leaf Linden Tilia Cordata (and (Greenspire, Redmond, climatic Zone 3 varieties) etc. Coniferous Trees: Black Hills Spruce Picea abies Colorado Spruce Picea pungens 2) Walls and Fences. All walls and fences erected within designated buffer yards shall adhere to the following: a) At least fifty (50) percent of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height. b) Exposed fences shall run a maximum length of fifty • (50) feet between landscaping areas or clusters. c) Fences and landscaping shall not be located within the traffic visibility triangle as defined in Section 3, Subd. 3.D.3.b of the Zoning Ordinance. 3) Earth Berms. Earth berms existing within designated buffer yards shall: a) Not exceed a three to one (3:1) slope unless approved by the City Engineer. b) Contain no less than four (4) inches of topsoil. T. Fences and Walls. Fences and walls shall require a building permit and shall be permitted in all yards subject to the following: 0 3-37 • City of Lino Lakes - ZONING ORDINANCE 1. Height. • a. Solid walls and retaining walls (such as masonry construction) in excess of forty-two (42) inches in height shall be prohibited. When utilized, tiered retaining walls shall be separated by a horizontal land not less than three (3) feet in width. b. 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 equate to the required front yard of the abutting lot shall not be fenced to a height of more than four (4) feet. C. 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. 2. Location. a. That side of the fence considered to be the face shall be oriented toward abutting property. b. No fence shall be permitted on public rights -of -way. C. Traffic visibility requirements set forth in Section 3, Subd. 3.D.3.b. of this Ordinance shall be satisfactorily met. d. No fence shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 3. Construction. a. 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 too the provisions of this ordinance and do not require a building permit. Chain link fences shall have round steel parts and braces. b. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in construction offences. 3-38 • • City of Lino Lakes - ZONING ORDINANCE 4. Residential District Fences. 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 front facade of the principal building to the side and/or rear lot line. Fences may be erected to 8' in height when they abut a commercial, industrial, public or semi-public use or zoning district. Wre fences shall not be permitted in residential areas. 5. Commercial and Industrial District Fences. Fences in Business and Industrial Districts may be erected on the lot line to a height often (10) feet on the side or rear yard not abutting a street. 6. Public and Semi -Public District Fences. Fences in the public and semi- public districts may be erected in any yard to a height of eight (8) feet Barbed wire fences used for security purposes may be permitted in the public and semi-public zoning district. 3-39 City of Lino Lakes - ZONING ORDINANCE Subd. 5. Off -Street Parking. A. Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. B. Application of Off -Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. C. General Provisions. 1. Space Reduction. Existing off-street parking 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. 2. Existing Uses. Should a legal, non -conforming 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 in accordance with Section 3, Subd. 2 of this Ordinance, except that in so doing, any off- street parking or loading which existed must be retained. 3. Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. 4. 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. 5. Accessible Parking. All parking associated with any building, structure or use shall be required to conform to the accessible parking standards of the State Building Code as may be amended. 6. Use of Parking Facilities in a Residential District. Except as allowed under Section 3, Subd. 5.K, off-street parking facilities accessory to a residential use shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed eleven thousand seventy-five • (11,075) pounds gross weight rating for each dwelling. With the exception 3-40 • City of Lino Lakes - ZONING ORDNANCE of home occupations, as regulated by Section 3, Subd. 9 of this Ordinance, no required parking facilities accessory to residential structures shall 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. 7. Calculating Space. a. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten (10) percent, except as may hereinafter be provided or modified. b. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. C. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. d. Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required. e. In hospitals, bassinets shall not be counted as beds. 3-41 1] City of Lino Lakes - ZONING ORDINANCE 8. Stall, Aisle and Driveway Design. a. Parking Area Standards. Parking areas and the aisles shall be developed in compliance with the following standards: Angle of Parking Stall Width Curb Length Per Car Stall Length Stall Depth Wall to Aisle Stall Depth Interlock to Aisle Aisle One Way Width Two Way 900 9101, 9101. 18' 0" 18' 0" 18' 0" 24' 0" 24' 0" 750 910.1 9' 6" 18' 0" 20' 8" 19,101, 21' 6" 23' 0" 600 9' 0" 10' 5" 18' 0" 21' 0" 19,101, 18' 0" 22' 0" 450 9101, 12' 9" 18, 0" 19,101, 17' 10" 13' 0" 22' 0" 00 9101, 22' 0" 22' 0" 9101, 9101, 12' 0" 24' 0" A - Angle of Parking E -Stall Width C - Curb Length per Car D - Stall Length E - Stall Depth F - Aisle Width G - Overlap H - Overhang J J Q w m IL �W Z U d� H b. Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto. No building permit 3-42 Ej City of Lino Lakes - ZONING ORDINANCE shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. C. Collector/Minor Arterial Street Access. Access to any street shown as a collector or arterial roadway on the City's Transportation Plan shall require review and comment by the affected agency (Anoka County Highway Engineer or MnDOT) and City. This review shall be required prior to the issuance of any building permits. The County or City Engineer shall determine the appropriate location, size and design of each access drive and may limit the number of access drives in the interest of public safety and efficient traffic flow. d. Street/Alley Access. Except in the case of single, two family, townhouse and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two family, townhouse, and quadraminium dwellings, parking area design which requires backing into the public street is prohibited. New residential subdivisions shall be designed to limit direct access onto any street shown as a collector or arterial roadway on the City's Transportation Plan. e. Tandem Parking. The required parking spaces serving one and two family dwellings may be designed for parking not more than two (2) vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this Ordinance. f. Curb Cut/Driveway Access Location. 1) No curb cut/driveway access shall be located less than thirty (30) feet from the intersection of two (2) or more street rights -of -way. This distance shall be measured from the intersection of lot lines. 2) Except with special approval from the City Engineer, curb cut openings and driveways shall be a minimum of five (5) feet from the side yard property line in all districts. Any 3-43 40 City of Lino Lakes - ZONING ORDINANCE shared driveway shall include a maintenance and access agreement. g. Curb Cut/Driveway Width. No curb cut or driveway shall exceed twenty-six (26) feet in width as measured at the -street right-of-way line unless approved by the City Engineer. The apron associated with such curb cut or driveway may increase in width (within the right-of-way) at an angle not greater than forty-five (45) degrees. h. Grade Elevation. Excepting driveways for single family and two family dwellings, the grade elevation of a parking area shall not exceed five (5) percent. i. Surfacing. All access driveways, approaches, sales lots, and parking areas shall be surfaced with asphalt or concrete in a manner approved by the City Engineer. On parcels less than one (1) acre in size within the rural and residential districts, asphalt or concrete surfaces are required. Exceptions are access drives, driveways, approaches, sales lots, and parking areas in the rural and residential districts of the City that serve farm and residential, principal and accessory uses on parcels of one (1) or more acres. These may be surfaced with: 1) Class 5 gravel. 2) Pea rock. 3) Crushed rock. 4) Agricultural lime in a manner approved by the City Engineer. Striping. Except for single, two family, townhouse, and quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide. k. Lightinq. Any lighting used to illuminate an off-street parking area shall be arranged as to reflect the light away from the adjoining property. Curbing and Landscaping. Except for single, two family, townhouse and quadraminiums, all open off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot. Said curb barrier shall not be closer than the required parking setback of the respective zoning district. Grass, 3-44 • City of Lino Lakes - ZONING ORDINANCE plantings or screening shall be provided in all areas bordering the parking area. M. Screening. When a parking area of six (6) spaces or more is adjacent to a street or residential area, a curb or fence not greater than four (4) feet in height shall be erected along the parking area. Grass or plantings shall occupy the space between the parking lot curb or fence and the street surface. (The City Council may recommend screening in lieu of fencing.) D. Maintenance. It shall be the joint responsibility of the operator and owner of the principal use, uses and/or buildings to maintain, in a neat and adequate manner, the parking space, access ways, landscaping and required screening. E. Location. All accessory off-street parking facilities required by this Ordinance shall be located and restricted as follows: 1. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of Section 3, Subd. 5.G. and 5.H. • 2. Spaces accessory to one and two family dwellings shall be located on the same lot as the principal use served. 3. Spaces accessory to multiple family dwellings shall be located on the same lot as the principal use served and within two hundred (200) feet of the main entrance to the principal building served. 4. Spaces accessory to uses located in a business, industrial or public and semi-public district shall be located, within eight hundred (800) feet of a main entrance to the principal building served. 5. No off-street parking space located in a business, industrial or public and semi-public district shall be permitted within a public right-of-way or within fifteen (15) feet of any street surface. 6. Off-street parking shall meet the setback standard of the respective zoning district. 7. In the case of single family dwellings which lie upon lots smaller than one (1) acre, two family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the front yard except designated 3-45 City of Lino Lakes - ZONING ORDINANCE driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway, away from the principal use. Said extra space shall be surfaced in a manner consistent with Section 3, Subd. 5.C.8.j of this Ordinance. F. Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: 1. Single Family and Two Family Dwellings. Two (2) spaces per unit. 2. Boarding House/Accessory Apartment. At least one (1) parking space for each person for whom accommodations are provided for sleeping. 3. Townhome. Quadraminium, Manor Home, Multiple Familv Dwellings, and Mobile Homes within Mobile Home Parks. At least two and one-half (2- 1/2) rent-free spaces per unit. In projects involving eight (8) or more units, the City may require additional clustered guest parking spaces based upon calculation of required demand. • 4. Elderly (Senior Citizen) Housing_ Reservation of area equal to one (1) parking space per unit. Initial development is, however, required of only one-half (1/2) space per unit and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated. 5. Rest Home, Nursing Home, Convalescent Center, or Institution. One (1) space for each six (6) beds based upon maximum design capacity, plus one (1) space for each two (2) employees. 6. Hospitals. Two (2) spaces for each bed. 7. Schools, Elementary and Junior High. One (1) space for each classroom plus one (1) additional space for each three hundred (300) student capacity, plus one (1) space for each employee, plus one (1) space for each four (4) seats in auditorium. 8. High School and Colleges. One (1) space for each classroom plus one (1) additional space for each seven (7) students based upon maximum design capacity. 9. Church, Theater, Auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. 3-46 n �J City of Lino Lakes - ZONING ORDINANCE Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance. 10. Athletic Stadiums. At least one (1) parking space for each eight (8) seats of design capacity. 11. Community Centers, Health Clubs, Libraries, Private Clubs, Lodges, Museums, Art Galleries. One (1) space for each two hundred (200) square feet of floor area in the principal structure. 12. Day Care Facilities. a. Day care facilities serving fourteen (14) or fewer persons: Two (2) spaces per unit. b. All other day care facilities: One (1) space per teacher on the largest shift, plus one (1) space per five (5) students/children based on maximum capacity of the facility. 13. Office Buildings Animal Hospitals and Clinics Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. 14. Financial Institutions Banks Savings and Loan. Four (4) spaces for every one thousand (1,000) square feet. 15. Retail Store and Service Establishment. At least one (1) off-street parking space for each two hundred (200) square feet of floor area. 16. Shopping Centers. Five and one-half (5-1/2) spaces per each one thousand (1,000) square feet of gross leasable floor area (exclusive of common areas) 17. Retail Sales and Service Business with Fifty (50) Percent or More of Gross Floor area Devoted to Storage Warehouses and/or Industry. At least eight (8) spaces or one (1) space for each two hundred (200) square feet devoted to public sales or service, plus one (1) space for each five hundred (500) square feet of storage area or at least eight (8) spaces or one (1) space for each employee on the maximum shift whichever is appropriate. 3-47 • City of Lino Lakes - ZONING ORDINANCE 18. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks. Bars On - Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square feet of dining room, plus one (1) space for each employee of the maximum work shift. • 19. Fast Food Restaurant. Fifteen (15) spaces per one thousand (1,000) square feet of gross floor area. 20. Motels, Motor Hotels, Hotels. One (1) space per each rental unit plus one (1) space for each eight (8) units, and one (1) space for each employee on any shift. 21. Laundromats. Six (6) spaces per one thousand (1,000) square feet of floor area. 22. Motor Fuel Station. At least four (4) off-street parking spaces plus one (1) space for each employee on duty. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. Parking at fuel pumps shall not be allowed to satisfy the parking requirements. 23. Auto Repair. Two (2) spaces per serving bay; the service bay is not a parking space. 24. Auto, Boat, Trailer, Farm Equipment Sales Lot. Four (4) spaces per one thousand (1,000) square feet gross sales and office floor area and of the building plus one (1) space per each two thousand (2,000) square feet of gross land area. 25. Car Wash. Spaces equal to five (5) times the capacity of the operation, plus one (1) space for each employee. 26. Open Sales Lot. Ten (10) spaces or one (1) per two thousand (2,000) square feet gross land area devoted to sales lot, whichever is larger. 27. Garden Supply Store, Building Material Sales in Structure. Eight (8) off- street parking spaces, plus one (1) additional space for eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 28. Private Racquetball, Handball and Tennis Courts. Not less than six (6) spaces per each court. 3-48 • City of Lino Lakes - ZONING ORDINANCE 29. Indoor worts Arenas Private Skating Rink, Dance Hall, or Public Auction House. Twenty (20) off-street parking spaces, plus one (1) additional off- street parking space for each two hundred (200) square feet of floor space over two thousand (2,000) square feet, whichever is greater. 30. Golf Driving Range Miniature Golf Archery Range. Ten (10) off-street parking spaces plus one (1) for each one hundred (100) square feet of floor space of building. 31. Golf Courses. Four (4) spaces for each hole plus one (1) space per employee on maximum shift. 32. Bowling Alley. Five (5) spaces for each alley plus additional spaces for related uses. 33. Funeral Undertaking Establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each vehicle. Aisle space shall also be provided off the street for making up a funeral procession. 34. Electrical and Television Repair. Six (6) spaces per one thousand (1,000) square feet gross floor area. 35. Woodworking Shop. One (1) space for each employee plus one (1) space for each one thousand (1,000) square feet of gross floor area. 36. Contractors' Offices Shops and Yards. Two (2) spaces for each employee. 37. Light Manufacturing. One (1) space for each employee or one (1) space for each two thousand (2,000) square feet of gross floor area, whichever is greater. 38. Warehousing Storage of Handling of Bulk Goods. That space which is solely used as office shall comply with the office use requirements and one (1) space for each two thousand (2,000) square feet of floor area, and one (1) space for each company owned truck (if not stored inside principal building). 39. Other Uses. Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of • 3-49 City of Lino Lakes - ZONING ORDINANCE building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. G. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures, or uses may be provided collectively in any non-residential zoning district 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. Shared curb cuts and access drives shall be encouraged for lots accessing collector and arterial streets. Where shared access and parking are utilized, easements shall be placed on the shared area and recorded with the properties and a maintenance agreement required. H. Control of Off -Site Parking Facilities. When required, accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control either by deed or long term lease, as the property occupied by such principal use, and the owner of the 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 10 off-street spaces during the existence of said principal use. I. Emergency Vehicle Access. 1. 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/ACCESS STANDARDS Single Family Detached Uses Commercial Uses Maximum Ten (10) foot vertical rise in Eight (8) feet rise in one hundred Slope one hundred (100) horizontal (100) horizontal. feet. 3-50 CJ • .aty OI Lino LaKes - LUNINU UIillINANC:h Minimum Ten (10) foot wide driveway Width base. Vegetation should be cleared to eight (8) feet on each side of driveway centerline from the roadway to the front property line. Ten (10) feet driveway base or as approved by community engineer. 2. 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. 3. 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. J. Traffic Control. 1. 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. C. Excessive traffic through residential areas, particularly truck traffic. 2. Internal traffic shall be regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial sites and traffic from residential lots with direct access to a collector street or arterial street shall in all cases be forward moving with no backing into streets. Direct residential lot access to collector and arterial streets shall be limited wherever alternative local street access is available. 3. 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 (2-1/2) 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. 3-51 • City of Lino Lakes - ZONING ORDINANCE K. Motor Vehicle Parking in Residential Areas. 1. No commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds shall be parked or stored in a residential zoning district except when loading, unloading, or rendering a service unless a permit that complies with the following requirements is obtained from the Building Inspector. a. The unit shall not be parked for more than seventy-two (72) hours within a seven (7) day period excluding legal holidays. b. The unit shall be parked behind the front of the dwelling. C. No more than one permit shall be granted per residence. d. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked. e. There shall be a minimum of one hundred fifty (150) feet from the • unit to the nearest lot line. n U f. The vehicle and trailer shall remain connected. g. All parking permits shall be reviewed and renewed on 1 July of each year at a fee of twenty dollars ($20.00) annually. h. At the time the lot or parcel of property becomes non -conforming, the permit shall be canceled. 3-52 • City of Lino Lakes - ZONING ORDINANCE Subd. 6. Off -Street Loading. A. Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. B. 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 fifty (50) feet from the intersection of two (2) street rights -of - way nor less than fifty (50) feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space. C. - Size. Loading berths shall be of a size determined by the City as necessary to accommodate anticipated truck and service vehicles. D. 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 and allow on -site maneuvering. • E. Surfacing. All loading berths and access ways shall be surfaced with a bituminous or concrete or other material approved by the City Engineer. • F. Accessory Use. Any space allocated as a loading berth or maneuvering areas 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. G. Loading Berth Required. 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. H. Noise. Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district per Section 3, Subd. 41, the City Council may limit the hours of operation. Screening. Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. 3-53 • City of Lino Lakes - ZONING ORDINANCE Subd. 7. Relocated Structures. Before any house or other structure is moved onto a vacant lot, the Planning and Zoning Board shall conduct a site plan review and 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 and Zoning Board that a structure would depreciate the area into which it is to be moved, it may withhold issuance of a building permit for such relocation. 11 • 3-54 • City of Lino Lakes - ZONING ORDINANCE Subd. 8. Home Occupations. A. Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. B. Application. Subject to the non -conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. C. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to reconsider the home occupation within sixty (60) days of the last complaint. D. Requirement - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. • 1. General Provisions. • a. No home occupation shall produce light, glare, noise, odor, electrical interference, or vibration that will in any way have an objectionable effect upon adjacent or nearby property. b. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, shall comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. C. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. d. The home occupation shall be carried out by a member of the family regularly residing in the dwelling unit with not more than one (1) employee who is not part of the family. 3-55 • City of Lino Lakes - ZONING ORDINANCE e. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles not exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds used in the home occupation may be parked on the site. f. The home occupation shall meet all applicable fire and building codes. g. Exterior display of signs except as such are permitted by the sign regulations for the district shall not be permitted. h. When applicable, all state licensing requirements are satisfactorily met. 2. Requirements - Residential Districts. a. Permitted home occupations shall not be conducted in any accessory structures on the premises, including attached garages, and shall be confined to the private dwelling unit. b. Permitted occupations shall not include any of the following: 1) The operation of any wholesale or retail business unless it is conducted entirely by mail or delivery and does not include the sale, shipment, or delivery of merchandise to the premises. 2) 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. 3) Any activity or function which by its nature and/or effect causes a disturbance to the neighborhood, such as noise, parking, traffic, etc. 4) 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. 3-56 • City of Lino Lakes - ZONING ORDINANCE 5) In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. 6) All off-street parking generated by the home occupation shall be confined to the driveway. 3. Requirements - Rural Districts. a. Accessory Buildings. 1) Home occupations carried on in the R, R-X, and R-BR Districts and on lots which are one (1) acre in size or larger may be allowed to operate within the principal structure or permitted accessory structure. 2) All accessory buildings utilized for home occupation purposes shall comply with applicable provisions of Section • 3, Subd. 4.D. of this Ordinance. b. Permitted agricultural/farm related uses in the R and R-1X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. • C. The applicant shall demonstrate, in a manner found acceptable to the City Engineer, that such use is within the capabilities of the properties sewage treatment system. 4. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. 5. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subd. 9 of this Ordinance. 3-57 • City of Lino Lakes - ZONING ORDINANCE Subd. 9. Home Extended Businesses. A. Prohibition. Following the enactment of this Ordinance, except in the R-BR Zoning District, no new home extended businesses shall be created or established and no existing home extended business shall be expanded or enlarged. B. Permitted Home Extended Businesses. 1. Interim Use Permit. Home extended business may be allowed within the R-BR, Rural Business Reserve Zoning District upon approval of an interim use permit, as regulated by Section 2, Subd. 3. of this Ordinance. 2. Qualifying Property. a. Site must meet R-BR District lot size and setback performance standards. b. There is only one (1) residential dwelling located on the homestead and no other neighboring residence is located within five hundred • (500) feet of the buildings in which the home extended business is conducted. 3. Minimum Conditions. a. Business must be located on the homestead of the business operator. b. Up to two (2) employees other than the immediate family occupying the residence on the homestead may be employed as a part of the home extended business. C. There is no outside storage or sales of supplies, equipment, or maintenance items associated with the home extended business. d. All activities associated with the home extended business are operated within buildings which have been approved for such use as part of the interim usb permit. e. The home extended business shall be conducted only in buildings existing or constructed as part of traditional farming activities prior • to November 1, 1993. 3-58 0 City of Lino Lakes - ZONING ORDINANCE f. Any buildings uses as part of the home extended business shall be brought into full compliance with all Uniform Building Code provisions which are applicable for the proposed Use. g. All effluent consisting of any liquid, gaseous, or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water, or air unless it is at a location determined appropriate by the City. h. A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the interim use permit and shall state the destination of the waste and shall be renewed annually on or before January 1st of each year. • The City shall be provided with documentation of the contract recorded. n LJ Working hours shall be set by the City. The use is in full compliance with all applicable performance standards as specified by this Ordinance. k. There shall be no public display of retail sales items related to the home extended business occurring on the site. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of the City's Sign Ordinance. M. The provisions of Section 2, Subd. 2. of this Ordinance are considered and determined to be satisfied. 3-59 City of Lino Lakes - ZONING ORDINANCE 0 4. Additional Limitations and/or Restrictions. • �J a. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary. b. The City Council may impose the posting of a security in order to insure compliance with any condition imposed. 5. Reconsideration of Permit. After two (2) founded nuisances, or code or permit violation complaints have been made and verified with written notices to the holder of the interim use permit, a public hearing may be called to reconsider the interim use permit within sixty (60) days of the date of the last complaint. 6. Seasonal Sales. The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. [c11i101 City of Lino Lakes - ZONING ORDNANCE 0 Subd. 10. Accessory Apartments. A. Purpose. The purpose of this section is to provide standards for the establishment and use of home accessory apartments in owner occupied single family homes. B. Application. Subject to the non -conforming use provisions of this Ordinance, all home accessory apartments as defined in Section 1, B, Definitions established after the effective date of this Ordinance shall comply with the provisions of this section. C. Procedures and Permits. All home accessory apartments shall require an accessory apartment permit. Applicants for such a permit shall be made on forms provided by the City which shall include the following: 1. Legal description of the property location and proof of ownership. 2. Plans, drawn to scale, indicating existing and proposed floor plans and access to both the principal unit and the accessory unit. . 3. Site plan depicting parking availability. D. Requirements. All home accessory apartments shall comply with the following requirements: 1. The accessory apartment shall be clearly a subordinate part of the single family dwelling. In no case shall the accessory apartment be more than forty (40) percent of the building's total floor area, not to exceed Nine hundred sixty (960) square feet nor have more than two (2) bedrooms. Common area shared by the principal dwelling and accessory apartment shall be considered part of the principal dwelling and shall not be included in the calculation of accessory apartment floor area. 2. The principal unit shall have at least Nine hundred sixty (960) square feet of living space remaining after creation of the accessory apartment exclusive of garage area. Accessory apartments shall have at least five hundred (500) square feet of living space. Living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. 3. A separate exterior entrance may be permitted . Any exterior alterations • or expansion shall be constructed of similar size, color, and type of 3-61 is City of Lino Lakes - ZONING ORDINANCE materials as the principal single family unit provided that no unenclosed ramps or stairways are utilized to access either the primary or accessory unit Only one (1) exterior stairway may be located on the side or rear of the dwelling. 4. The principal unit and accessory apartment shall share an internal doorway connection between the units. 5. Both the principal unit and accessory apartment shall share a single utility hookup. 6. All parking standards of Section 3, Subd. 5 shall be met. 7. The accessory apartment and principal unit shall meet the applicable standards and requirements of the Lino Lakes Zoning Code, Building Code, Anoka County Health Codes and Fire Codes. 8. The house shall be owner -occupied at the time of application and the building and property shall remain in single ownership and title and shall only have one mailing address. 9. A maximum of one (1) accessory apartment permit shall be issued per detached single family home. 10. No separate driveway or curb cut shall be permitted for the accessory apartment unit. E. Revocation. The City Council may revoke an accessory apartment permit if the permittee fails to comply with the conditions attached to the issuance of the permit or otherwise fails to comply with the provisions of this section. Prior to revocation, the City Council shall conduct a hearing preceded by ten (10) days mail notice to the permittee. 3-62 City of Lino Lakes - ZONING ORDINANCE 0 Subd.11. Drainage. A. 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 said land, adjacent properties or water bodies. Such runoff shall be properly channeled into a storm drain, a natural water course or drainageway, a ponding area or other public facility. B. The City Engineer, upon inspection of any site which has created drainage problems or could create drainage problems with proposed new development, may require the owner of said site or contractor to complete a grading plan. C. The owner or contractor of any natural drainage improvement or alteration may be required by the City Engineer to obtain recommendations from the Minnesota Department of Natural Resources, the Soil Conservation District, U.S. Army Corps of Engineers, affected watershed district(s), and/or City Engineer. D. On any slope in excess of eight (8) percent where, in the opinion of the City Engineer, the natural drainage pattern may be disturbed or altered, the City Engineer may require the applicant to submit both a grading plan and soil conservation plan prior to applying for a building permit. s E. All agricultural, residential, commercial, and industrial developments shall be in accordance with applicable recommendations of the City's local water management plan as may be amended. 40. 3-63 • City of Lino Lakes - ZONING ORDINANCE Subd. 12. Earth Moving and Land Reclamation. A. Exclusions. This article shall not apply to: 1. The excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material for any construction for whicli a building permit has been issued, site plan approval or a development contract signed. 2. Such excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material as may be required by the state, county, or city authorities within their acquired rights -of -way and easements in connection with the construction or maintenance of roads and highways and utilities. "Rights -of -way" as used herein shall not include isolated parcels used exclusively for borrow pits. B. Permit Required. Earth removal, land reclamation, material storage, or filling, shall be permitted in all zoning districts, on any lot or parcel except that it shall be unlawful for any person to remove, store, excavate, or place as fill any rock, sand, dirt, gravel, clay, or other like material within the City, in excess of one hundred (100) cubic yards per acre without first having applied for and having • obtained a permit from the City. When five thousand (5,000) or more cubic yards of material is to be removed or deposited on any lot or parcel, a conditional use permit shall be required. The inclusion of an earth removal and land reclamation permit process in this Ordinance does not automatically imply an applicant's entitlement to issuance of a permit. The City may refuse to issue a permit if in the opinion of the City, the application is not in the best interests of the City. is C. Application. 1. The application for the permit shall be made in writing to the City Engineer in such form as the City Engineer may designate, and shall include such information as may be required by the City Engineer and shall contain among other things a map or plat of the proposed excavation, or fill area showing the confines or limits thereof together with the existing elevations and proposed finished elevations based on sea level readings. The plan shall also include all wetlands, drainageways, tree inventory and preservation plan, erosion control measures, final restoration improvements, and other features as required by the City. 2. Each application shall be filed with the City Engineer. 3-64 . City of Lino Lakes - ZONING ORDINANCE 3. Each application for permit shall be accompanied by a fee, the amount of which shall be determined by City Council resolution. D. Conditions. The City Engineer or City Council, as a prerequisite to the granting of a permit, may require the applicant or the owner of the premises to incorporate and attach any conditions or restrictions that it deems necessary for the preservation of health, welfare, and safety of the citizens: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. s 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non -decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. 6. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. 7. Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. 8. Specify a time when the excavation or land reclamation project shall be completed. 9. Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion. 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been • issued are being complied with. 3-65 • City of Lino Lakes - ZONING ORDINANCE 11. Implement the tree preservation plan. 12. In addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one -quarter (1/4) mile. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 14. Other conditions deemed appropriate to the application by the permitting authority. 3-66 . City of Lino Lakes - ZONING ORDINANCE Subd. 13. 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: • • A. 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. B. 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. 3-67 • City of Lino Lakes - ZONING ORDINANCE Subd. 14. Adult Uses. • A. General. Adult uses as defined in the City Code shall be subject to the following provisions: 1. Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. 2. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. 3. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages. 4. An adult use which does not qualify as an accessory use shall be classified as an adult use -principal. B. Adult Uses - Principal. 1. Adult use -principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use -principal is located to the property line of: a. Residentially zoned property b. A licensed day care center C. A public or private educational facility classified as a pre-school, elementary, junior high or senior high d. A public library e. A public park f. Another adult use -principal g. An on -sale liquor establishment 2. Adult use -principal activities, as defined by this Ordinance, shall be classified as one use. No two adult uses -principal shall be located in the same building or upon the same property and each use shall be subject to Section 3, Subd. 14.13.1. 3-68 • City of Lino Lakes - ZONING ORDINANCE 3. Adult use -principal shall, in addition to other sign requirements established by City Code, adhere to the following signing regulations: a. Sign messages shall be generic in nature and shall only identify the type of business which is being conduced. b. Shall not contain material classified as advertising. C. Shall comply with the requirements of size and number for the district in which they are located. C Adult Uses - Accessory. 1. Adult use -accessory shall: a. Comprise no more than ten (10) percent of the floor area of the establishment in which it is located. b. Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. C. Not involved or include any activity except the sale or rental of merchandise. 2. Adult use -accessory shall be restricted from and prohibited access to minors by the physical separation of such items from areas of general public access: a. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. b. Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. • 3-69 • • City of Lino Lakes - ZONING ORDINANCE C. Other Use. Adult uses -accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. 3. Adult use -accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. 4. Adult use -accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. 3-70 City of Lino Lakes - ZONING ORDINANCE • SECTION 4. DISTRICT PROVISIONS Subd. 1. General Zoning District Provisions. A. District Establishment. 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 non-residential uses, protecting against the danger of fire conflagration, and other purposes of a similar nature. For purposes of this Ordinance, the City of Lino Lakes is hereby divided into the following zoning districts: 1. Rural Districts. a. R, Rural. b. R-X, Rural Executive. • 2. Residential Districts. • a. R-1, Single Family Residential. b. R-1X, Single Family Executive Residential. C. R-2, Two Family Residential. d. R-3, Medium Density Residential. e. R-4, High Density Residential. f. R-6, Manufactured Home Park. g. R-7, Manufactured Home Subdivision. 3. Business Districts. a. NB, Neighborhood Business. b. LB, Limited Business. C. GB, General Business. d. CB, Central Business. e. SC, Shopping Center. 4-1 City of Lino Lakes - ZONING ORDINANCE • 4. Industrial Districts. a. LI, Light Industry. b. GI, General Industry. 5. Special Districts. a. PSP, Public and Semi -Public. b. R-BR, Rural Business Reserve. C. PDO, Planned Development Overlay. d. AZO, Airport Zoning Overlay. e. Shoreland Overlay. f. Floodplain Overlay. - B. Zoning District Boundaries. Zoning district boundary lines established by this Ordinance generally follow lot lines, the centerlines of railroad right-of-way lines, street rights -of -way, water courses or the corporate limit lines, all as they exist upon the effective date of this Ordinance. 1. Appeals concerning the exact location of a zoning district boundary line shall be heard by the Council, serving as the Board of Adjustment and • Appeals, pursuant to Section 2, Subd. 4. of this Ordinance. 2. Whenever any street, alley or other public way is vacated by official action of the City, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. 3. All streets, alleys, public ways and railroad rights -of -way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways or railroad rights -of -way. Where the centerlines of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline. 4. All areas within the corporate limits of the City which are under water and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two or more zones, the boundaries of each zone shall be construed to be extended into the water area in a ,1_2 City of Lino Lakes - ZONING ORDINANCE • straight line until they meet the other district at the half -way point and/or to the corporation limits. C. Zoning Map. The location and boundaries of the districts established by this text are hereby set forth on the Zoning Map, entitled "Zoning Map of Lino Lakes". Said map shall be on file with the Zoning Administrator, and hereinafter referred to as the "Zoning Map". Said map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Ordinance by reference. D. Annexations. All territory hereafter annexed to the City of Lino Lakes which is not shown on the Zoning Map shall automatically, upon annexation, be classified within the R District and shall be subject to all regulations, notations, references and conditions as are applicable to said district until such time that a determination may be made as to the proper district classification for such territory and an amendment can be made to that effect. • City of Lino Lakes - ZONING ORDINANCE 0 SECTION 5. RURAL DISTRICTS • Subd. 1. R, Rural District. A. Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: 1. To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. 2. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. 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. 5. To reduce the possibilities of 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. B. Lot and Yard Requirements. 1. Minimum Lot Size. Ten (10) acres. 2. Minimum Lot Width. Three hundred thirty (330) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. 5-1 City of Lino Lakes - ZONING ORDINANCE 0 C. Rear Yard. • • 1) Principal Buildinq. Thirty (30) feet. 2) Accessory Building. Thirty (30) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. C. Building Requirements. 1. The minimum outside dimension, floor area for single family dwellings shall be as follows: 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level-3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet 2. All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3. All dwellings shall have a double garage. D. Height Regulations. No building shall be erected or structurally altered to exceed thirty-five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. E. Permitted Uses. In the 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 or more of the following uses: 1. Single family detached dwellings. 2. Public parks. 3. Golf courses and driving ranges. City of Lino Lakes - ZONING ORDINANCE • 4. Agriculture, gardening and sod farming. 5. Temporary stands for the sale of agricultural products produced on the premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance. 6. Stock raising and dairying in accordance with the City Code. 7. Commercial greenhouses and nurseries. 8. Day care nurseries (fourteen (14) or fewer persons). 9. State licensed residential care facility serving six (6) or fewer persons. 10. Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 11. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R District and governed by Section 2, Subd. 3. of this Ordinance. 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R District: 1. Operation and storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. 2. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance. 3. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 4. Tool houses, sheds and similar buildings for storage of domestic • and farm supplies, and non-commercial recreational equipment. ;_; City of Lino Lakes - ZONING ORDINANCE • 5. Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks. 6. Signs as regulated by Appendix C of the City Code. 7. Fences. 8. Accessory apartments as regulated by Section 3, Subdivision 10 of this Ordinance. H. Conditional Uses. The following are conditional uses in the R District. These uses require a conditional use permit based on the criteria and procedure outlined in Section 2, Subd. 2 of this Ordinance. 1. Public and private airports provided that: a. The applicable provisions of Section 9, Subd. 4. of this Ordinance relating to airport zoning are satisfactorily met. b. All applicable requirements of the Federal Aviation Administration (FAA), Minnesota Department of Transportation (MnDOT), and Metropolitan Airports Commission (MAC) are satisfactorily met. 2. Cemeteries provided that: a. At minimum, the site accesses on a "major collector" street. b. Where abutting a rural or residential zoning district, the perifery of the site shall be screened in accordance with Section 3, Subd. 4 S of this Ordinance. 3. Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care and similar uses provided that: a. The applicable provisions of Section 500 of the City Code relating to the keeping of animals are determined to be satisfied. is City of Lino Lakes - ZONING ORDINANCE • 4. Animal feedlots exceeding three hundred (300) animal units provided that: a. All applicable regulations of the Minnesota Pollution Control Agency (MPCA) are complied with. b. The applicable provisions the City Code relating to the keeping of farm animals are determined to be satisfied. C. Manure ponds must be fenced or screened in a manner that prevents trespass. 5. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. 6. Transmission towers/radio, television and other similar towers over forty-five (45) feet in height and less than two hundred (200) feet in height provided that: a. Any alteration of an existing use (i.e., tower expansion, change/intensification of use, etc.) involving items not identified upon initial approved plans shall require a conditional use permit amendment. -5 City of Lino Lakes - ZONING ORDINANCE • b. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site. C. All antenna shall be in compliance with all City building and electrical code requirements. d. Structural design, mounting and installation of the antenna shall be verified and approved by a professional engineer. e. When applicable, written authorization for antenna erection shall be provided by the property owner. f. No advertising message shall be affixed to the antenna tower. g. The height of the antenna shall be the minimum necessary to function satisfactorily. h. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. • i. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. j. If a new antenna tower is to be constructed, it shall be designed so as to accommodate other users including but not limited to other cellular communication companies, local police, fire, and ambulance companies. k. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact. I. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. 7. Day care facilities (exceeding fourteen (14) persons) provided that: 0 City of Lino Lakes - ZONING ORDINANCE a. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. b. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 8. Wild game farms and gun clubs provided that: a. The principal use, function or activity is open, outdoor in character and the site shall contain a minimum of 100 acres. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. Any operation involving the discharge of firearms shall comply with Section 504 of the City Code. d. When abutting a residential use and a residential district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. 9. Commercial sports arenas, provided that: a. The facility is provided adequate private on -site sewer and water facilities of sufficient size to accommodate the occupancy capacity of the arena. b. Side yard setbacks shall not be less than fifty (50) feet. C. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. 7 City of Lino Lakes - ZONING ORDINANCE • d. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. • • e. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. �_x City of Lino Lakes - ZONING ORDINANCE • Subd. 2. R-X, Rural Executive District. A. Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: • 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. 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. 5. To reduce the possibilities of 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. 6. To provide areas for high value, rural residences. B. Lot and Yard Requirements. 1. Minimum Lot Size. Ten (10) acres. 2. Minimum Lot Width. Three hundred thirty (330) feet. 3. Setbacks. (The greater of the following:) a. From Street. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. s <> City of Lino Lakes - ZONING ORDINANCE • C. Rear Yard. 1) Principal Building, Thirty (30) feet. 2) Accessory Building. Thirty (30) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. C. Building Requirements. 1. The minimum outside dimension, floor area for single family dwellings shall be as follows: Rambler 1,260 square feet 1-1/2 Story 1,092 square feet Split Foyer/Entry 1,248 square feet Split Level-3 level minimum 1,248 square feet Two Story 1,040 square feet 2. All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3. All dwellings shall have an attached double garage. D. Height Regulations. No building shall be erected or structurally altered to exceed thirty-five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. E. Permitted Uses. In the R-X 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: 1. Single family detached dwellings. 2. Public parks. 3. Golf courses and driving ranges. • 4. Agricultural, gardening and sod farming. S-10 City of Lino Lakes - ZONING ORDINANCE do5. Temporary stands for the sale of agricultural products produced on the premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance. 6. Stock raising and dairying in accordance with the City Code 7. Commercial greenhouses and nurseries. 8. Day care nurseries (fourteen (14) or fewer persons). 9. State licensed residential care facility serving six (6) or fewer persons. 10. Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 11. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-X District and governed by Section 2, Subd. 3. of this . Ordinance. 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-X District: 1. Operation and storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. 2. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance. 3. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 4. Tool houses, sheds and similar buildings for storage of domestic and farm supplies, and non-commercial recreational equipment. • 5. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks. -II City of Lino Lakes - ZONING ORDINANCE 6. Signs as regulated by Appendix C of the City Code. 7. Fences. 8. Accessory apartments as regulated by Section 3, Subd. 10 of this Ordinance. H. Conditional Uses. The following are conditional uses in the R-X District. These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd.2 of this Ordinance. 1. Private airports provided that: a. The applicable provisions of Section 9, Subd. 4. of this Ordinance relating to airport zoning are satisfactorily met. b. All applicable requirements of the Federal Aviation Administration (FAA), Minnesota Department of Transportation (MnDOT), and Metropolitan Airports Commission (MAC) are satisfactorily met. • 2. Cemeteries provided that: a. At minimum, the site accesses on a "major collector" street. b. Where abutting a rural or residential zoning district, the perifority of the site shall be screened in accordance with Section 3, Subd. 4.S of this Ordinance. 3. Commercial riding stables, boarding stables, dog kennels, animal hospitals with overnight care and similar uses provided that: a. The applicable provisions of the City Code relating to the keeping of animals are determined to be satisfied. 4. Animal feedlots exceeding three hundred (300) animal units provided that: a. All applicable regulations of the Minnesota Pollution Control Agency (MPCA) are complied with. b. The applicable provisions of the City Code relating to the • keeping of farm animals are determined to be satisfied. S-I? City of Lino Lakes - ZONING ORDINANCE • 5. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 6. Transmission towers/radio, television and other similar towers over forty-five (45) feet in height and less than two hundred (200) feet in height provided that: a. Any alteration of an existing use (i.e., tower expansion, change/intensification of use, etc.) involving items not identified upon initial approved plans shall require a conditional use permit amendment. b. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site. C. All antenna shall be in compliance with all City building and electrical code requirements. d. Structural design, mounting and installation of the antenna shall be verified and approved by a professional engineer. e. When applicable, written authorization for antenna erection shall be provided by the property owner. 5-I; City of Lino Lakes - ZONING ORDINANCE • f. No advertising message shall be affixed to the antenna tower. g. The height of the antenna shall be the minimum necessary to function satisfactorily. h. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. i. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. j. If a new antenna tower is to be constructed, it shall be designed so as to accommodate other users including but not limited to other cellular communication companies, local police, fire, and ambulance companies. k. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact. • I. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. 7. Day care facilities (exceeding fourteen (14) persons) provided that: a. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. b. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 8. Wild game farms and gun clubs provided that: a. The principal use, function or activity is open, outdoor in . character and the site shall contain a minimum of 100 acres. City of Lino Lakes - ZONING ORDINANCE is b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. Any operation involving the discharge of firearms shall comply with Section 504 of the City Code. d. When abutting a residential use and a residential district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. 9. Commercial sports arenas, provided that: a. The facility is provided adequate private on -site sewer and water facilities of sufficient size to accommodate the occupancy capacity of the arena. b. Side yard setbacks shall not be less than fifty (50) feet. C. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. • d. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. e. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. • City of Lino Lakes - Zoning Ordinance -- • SECTION 6. RESIDENTIAL DISTRICTS Subd. 1. R-1, Single Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. B. Lot and Yard Requirements. 1. Minimum Lot Size. Ten thousand eight hundred (10,800) square feet buildable land as defined by Section 1, Subd. 2.13. 2. Minimum Lot Width. a. Interior Lots. Eighty (80) feet. b. Corner Lots. One hundred (100) feet. C. Lots of one and one-half (1.5) acres recorded prior to 22 February 1988 may be resubdivided in accordance with the • following: 1) Interior Lots. Seventy-five (75) feet. is 2) Corner Lots. Ninety-five (95) feet. 3. Minimum Lot Depth. One hundred thirty-five (135) feet. a. Double Frontage Lots. One hundred forty-five (145) feet. 4. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 6-1 City of Lino Lakes - Zoning Ordinance • 2) Accessory Building. Five (5) feet. d. Side Yard. 1) Principal Building_ Ten (10) feet. 2) Accessory Building, Five (5) feet. C. Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. D. Building Requirements. 1. The minimum outside dimension, floor area for single family dwellings shall be as follows: 3 Bedroom Rambler 1,050 square feet 2 Bedroom Rambler 1,010 square feet 1-1/2 Story 980 square feet 0 Split Foyer/Entry 980 square feet Split Level - 3 level minimum 980 square feet Two Story 850 square feet 2. All basement -less dwellings in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3. All dwellings shall have an attached double garage. E. Height Regulations. No building shall be erected or structurally altered to exceed thirty-five (35) feet in height. F. Sanitary Sewer. No R-1 subdivision creating a lot less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. 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 or more of the following uses: 1. Single family detached dwellings. 2. Day care nurseries (fourteen (14) or fewer persons). 6- City of Lino Lakes - Zoning Ordinance • 3. State licensed residential care facility serving six (6) or fewer persons. 4. Public parks. 5. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-1 District and governed by Section 2, Subd. 2. of this Ordinance. 1. None. I. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-1 District: 1. Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities • which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 4. Private garages, parking spaces and car pools for licensed and operable passenger cars and trucks. 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6. Fences per Section 3, Subd. 4.S. 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 9. Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 10. Accessory uses incidental and customary to the uses permitted in • Section 6, Subds. 1.G, 1.H and 1.J of this Ordinance. 6-, City of Lino Lakes - Zoning Ordinance • J. Conditional Uses. The following are conditional uses in the R-1 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Side yards shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. d. The land area of the property containing such use or activity meets the minimum established for the district. City of Lino Lakes - Zoning Ordinance • e. The site must be accessed via a collector street or arterial street. f. Lighting must not emit glare onto adjoining residential zoning districts or public rights -of -way. 3. Day care facilities (exceeding fifteen (15) persons) provided that: a. Such day care facility has access to municipal sewer and water. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. C. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4. Cemeteries provided that: 0 a. At minimum, the site accesses on a "major collector" street. b. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with Section 3, Subd. 4.S. of this Ordinance. 6-5 City of Lino Lakes - Zonine Ordinance is Subd. 2. RAX, Single Family Executive Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. B. Lot and Yard Requirements. 1. Minimum Lot Size. Twelve thousand eight hundred twenty-five (12,825) square feet buildable land as defined by Section 1, Subd. 2.13. 2. Minimum Lot Width. Ninety (90) feet. a. Corner Lot. One hundred fifteen (115) feet. 3. Minimum Lot Depth. One hundred thirty-five (135) feet. a. Double Frontage Lots. One hundred forty-five (145) feet. 4. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. is C. Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) 6-6 City of Lino Lakes - Zoning Ordinance • percent of the lot area resulting in less than thirty-five (35) percent landscaped area. D. Building Requirements. 1. The minimum outside dimension, floor area for single family dwellings shall be as follows: Rambler 1,260 square feet 1-1/2 Story 1,092 square feet Split Foyer/Entry 1,248 square feet Split Level - 3 level minimum 1,248 square feet Two Story 1,040 square feet 2. All basement -less dwellings in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3. All dwellings shall have an attached double garage of a minimum six hundred (600) square feet. E. Height Regulations. No building shall be erected or structurally altered to 0 exceed thirty-five (35) feet in height. n U F. Sanitary Sewer. No R-1X subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. Permitted Uses. In the R-1X 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: 1. Single family detached dwellings. 2. Day care nurseries (fourteen (14) or fewer persons). 3. State licensed residential care facility serving six (6) or fewer persons. 4. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 6-7 City of Lino Lakes - Zoning Ordinance • H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-1X District and governed by Section 2, Subd. 3 of this Ordinance. 1. None. I. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-1X District: 1. Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 4. Private garages, parking spaces and car pools for licensed and operable passenger cars and trucks. • 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6. Fences per Section 3, Subd. 4.S. 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 9. Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 10. Accessory uses incidental and customary to the uses permitted in Section 4, Subd. 2.G, 2.H, and 2.J. of this Ordinance. J. Conditional Uses. The following are conditional uses in the R-1X District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to nursery, elementary, junior high and senior high schools; and religious 6-x City of Lino Lakes - Zoning Ordinance institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Side yards shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, • country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. d. The land area of the property containing such use or activity meets the minimum established for the district. e. The site must be accessed via a collector street or arterial street. f. Lighting must not emit glare onto adjoining residential zoning districts or public rights -of -way. 0 3. Day care facilities (exceeding fourteen (14) persons) provided that: 6-9 City of Lino Lakes - Zoning Ordinance • a. Such day care facility has access to municipal sewer and water. n U • b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. C. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4. Cemeteries provided that: a. At minimum, the site accesses on a "major collector" street. b. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with Section 3, Subd. 4.S. of this Ordinance. 6-iu City of Lino Lakes - Zoning Ordinance • Subd. 3. R-2, Two Family Residential District. • A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. B. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of buildable land as defined by Section 1, Subd. 2.13. a. Two Family. Seventeen thousand five hundred fifty (17,550) square feet. b. Single Family. Twelve thousand three hundred fifty (12,350) square feet. 2. Minimum Lot Wdth. a. Two Family. One hundred thirty (130) feet. b. Corner Lot -Two Family. One hundred fifty-five (155) feet. C. Single Family. Ninety (90) feet. d. Corner Lot -Single Family. One hundred fifteen (115) feet. 3. Minimum Lot Depth. One hundred thirty-five (135) feet. a. Double Frontage Lots. One hundred forty-five (145) feet. 4. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. 6-1 1 City of Lino Lakes - Zoning Ordinance • C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. e. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of a two family dwelling unit. C. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. D. Building Requirements. 1. Floor Area. The minimum outside dimension, floor area shall be as follows: a. Single Family Dwellings. 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level - 3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet b. Two Family Dwellings. Each dwelling unit shall have a minimum of one thousand fifty (1,050) square feet of floor area. C. All dwellings without easements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 2. Garages. Each dwelling unit must have an attached double garage. . 3. Entrances. Each dwelling unit must have a private front and rear entrance. 6-i2 City of Lino Lakes - Zoning Ordinance E. Height Regulations. No two family dwelling shall hereafter be erected or structurally altered to exceed thirty-five (35) 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-five (35) feet unless variation is authorized by the Council. F. Sanitary Sewer. No R-2 subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. Permitted Uses. In the R-2 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: 1. Single family detached dwellings. 2. Two family dwellings. 3. Day care nurseries (fourteen (14) or fewer persons). 4. State licensed residential care facility serving six (6) or fewer persons. 0 5. Public parks. 6. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-2 District and governed by Section 2, Subd. 3. of this Ordinance. 1. None. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-2 District.- 1 Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. • 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 6-13 City of Lino Lakes - Zoning Ordinance 4. Private garages, parking spaces and car pools for licensed and operable passenger cars and trucks. 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6. Fences per Section 3, Subd. 4.S. _ 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 9. Accessory apartments within single family homes as regulated by Section 3, Subd. 10. of this Ordinance. 10. Accessory uses incidental and customary to the uses permitted in Section 6, Subds. 3.G., 3.H. and 3.J. of this Ordinance. J. Conditional Uses. The following are conditional uses in the R-2 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions I limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3. Subd. 4. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 6-14 City of Lino Lakes - Zoning Ordinance • 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. d. The land area of the property containing such use or activity meets the minimum established for the district. e. The site must be accessed via a collector street or arterial street. f. Lighting must not emit glare onto adjoining residential zoning . districts or public rights -of -way. • 3. Day care facilities (exceeding fourteen (14) persons) provided that: a. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. b. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 6-1 City of Lino Lakes - Zoning Ordinance Subd. 4. R-3, Medium Density Residential District. A. Purpose. This district is intended to provide setting for multiple family structures of up to eight (8) dwelling units per building in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas._ B. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of buildable land as defined by Section 1, Subd. 2.13. a. Two Family. Fifteen thousand (15,000) square feet. b. Townhome/Quadraminium/multi-family unit. Five thousand four hundred forty five (5,445) square feet per unit. 2. Minimum Lot Wdth. One hundred twenty-five (125) feet. 3. Setbacks. (The greater of the following:) a. From Streets. • 1) Residential Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard - Principal Building. Thirty (30) feet. C. Rear Yard. 1) Principal Building_ Thirty (30) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. d. Side Yard. • 1) Principal Building. Ten (10) feet. 2) Accessory Building_ Five (5) feet. 3) Parking Lot. Five (5) feet. 6- 16 City of Lino Lakes - Zoning Ordinance e. Two or more multiple family dwellings on one site may be permitted under the PDO Overlay District Section 9, Subd. 3 of this Ordinance. C. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. D. Building Requirements. 1. 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 690 square feet 800 square feet 920 square feet 1,040 square feet 1,160 square feet For each additional bedroom, the floor space shall be increased by one hundred fifty (150) square feet per unit. 2. Indoor Store 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 exclusive of the normal closet space that is in the dwelling unit. 3. 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. 4. Buffer. Where a side or rear lot line in an R-3 District abuts an R, R-X, R-1, R-1 X, or R-2 District, or public road right-of-way, a landscape buffer area not less than twenty (20) feet in depth shall be provided along such side or rear lot line and shall contain landscaping, planting, berming or other screening suitable to provide an effective visual screen. G- 1 7 City of Lino Lakes - Zoning Ordinance is E. Lot Size Credits and Exceptions. The minimum lot size standards established herein 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. 1. 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 underground, which will thereby permit use of the grade level outside the building, or above such underground space, for other building, parking, open yard or recreation space. 2. 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- per unit where- thirty-five (35) percent 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 recreation. F. Height Regulations. 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. G. Sanitary Sewer. No two family, townhome, quadraminium, or multiple dwelling shall be permitted unless served by sanitary sewer and water. H. Permitted Uses. In the R-3 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: 1. Two family dwellings. 2. Townhomes and quadraminiums. 3. Multiple dwellings containing eight (8) units or less. 4. Public parks. 5. Day care nurseries (sixteen (16) or fewer persons). 6. State licensed residential care facility serving sixteen (16) or fewer is persons. G-18 City of Lino Lakes - Zoning Ordinance 7. Governmental and public regulated utility buildings and structures is necessary for the health, safety and general welfare of the City. I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-3 District and governed by Section 2, Subd. 3 of this Ordinance. 1. None. J. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-3 District: 1. Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 4. Private garages, parking spaces and car pools for licensed and operable passenger cars and trucks. 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6. Fences per Section 3, Subd. 4.S. 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 9. Accessory uses incidental and customary to the uses permitted in Section 6, Subds. 4.1., 4.J., and 41. of this Ordinance. K. Conditional Uses. The following are conditional uses in the R-3 District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Public or semi-public recreational buildings and neighborhood or • community centers; public and private educational institutions limited to nursery, elementary, junior high and senior high schools; and religious 6-19 City of Lino Lakes - Zoning Ordinance • institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3. Subd. 4. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 2. Day care facilities (exceeding sixteen (16) persons) provided that: a. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. C. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 3. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. 6-2o City of Lino Lakes - Zoning Ordinance 0 C. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. d. The land area of the property containing such use or activity meets the minimum established for the district. e. The site must be accessed via a collector street or arterial street. f. Lighting must not emit glare onto adjoining residential zoning districts or public rights -of -way. 4. Day care facilities (exceeding fourteen (14) persons) provided that: a. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. b. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 6 1 City of Lino Lakes - Zoning Ordinance • Subd. 5. R-4, High Density Residential District. A. Purpose. This district is intended to provide settings for multiple family housing in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas. B. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of buildable land as defined by Section 1, Subd: 2.13. a. Two Family. Fifteen thousand (15,000) square feet. b. Town home/Quadraminium/Multi-family unit. Five thousand four hundred forty five (5,445) square feet per -unit. C. Multiple Family. Two thousand nine hundred (2,900) square feet per unit. 2. Minimum Lot Width. • a. Two-Family/Townhome/Quadraminium. One hundred twenty five (125) feet. b. Other. One hundred fifty (150) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Thirty (30) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building_ Five (5) feet. 3) Parking Lot. Five (5) feet. 6-» City of Lino Lakes - Zoning Ordinance • d. Side Yard. 1) Principal Building. Twenty (20) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. e. Two or more multiple family dwellings may be permitted under the PDO Overlay District Section 9, Subd. 3 of this Ordinance. C. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. D. 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. 0 - E . Building Requirements. 1. 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 1,040 square feet 1,160 square feet For each additional bedroom, the floor space shall be increased by one hundred fifty (150) square feet per unit. 2. Exterior Wall Construction. designed and constructed to have exterior surface. All multiple family units shall be the equivalent of a front on each 3. 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 dwelling unit; however, it may be in the dwelling unit itself and so identified. 6-2 City of Lino Lakes - Zoning Ordinance • 4. 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. 5. Buffer. Where a side or rear lot line in an R-4 District abuts an R, R-X, R-1, R-1X, or R-2 District, or public road right-of-way, a landscape buffer area not less than twenty (20) feet in depth shall be provided along such side or rear lot line and shall contain landscaping, planting, berming or other screening suitable to provide an effective visual screen. F. Density and Lot Size 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. 1. 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 underground, which will thereby permit use of the grade level outside the building, or above such underground space, for other building, parking, open yard or recreation space. 2. 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 per unit where thirty-five (35) percent 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 recreation. G. Sanitary Sewer. No two family, townhome, quadraminium, or multiple dwelling shall be built unless served by sanitary sewer- H. Permitted Uses. In the R-4 District, unless otherwise provided in this Ordinance, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for: 1. Two family dwellings. 6-24 City of Lino Lakes - Zoning Ordinance • • • 2. Townhomes/quadraminiums. 3. Multiple family dwellings. 4. Day care nurseries (fourteen (14) or fewer persons). 5. State licensed residential care facility serving sixteen (16) or fewer persons. 6. Public parks. 7. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-4 District and governed by Section 2, Subd. 3. of this Ordinance. 1. None. J. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-4 District: 1. Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 4. Private garages, parking spaces and car pools for licensed and operable passenger cars and trucks. 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6. Fences per Section 3, Subd. 4.S. 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6 City of Lino Lakes - Zoning Ordinance • 9. Accessory uses incidental and customary to the uses permitted in Section 6, Subds. 5.1., S.J., and S.L. of this Ordinance. K. Conditional Uses. The following are conditional uses in__ the R-4 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. . C. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3. Subd. 4. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. 6-26 City of Lino Lakes - Zoning Ordinance • d. The land area of the property containing such use or activity meets the minimum established for the district. e. The site must be accessed via a collector street or arterial street. f. Lighting must not emit glare onto adjoining residential zoning districts or public rights -of -way. 3. Day care facilities (exceeding sixteen (16) persons) provided that: a. Such day care facility has access to municipal sewer and water. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.S of this Ordinance. C. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4. Clinics, hospitals and nursing homes provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. d. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. e. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. • f. Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. 6-27 City of Lino Lakes - Zoning Ordinance • C7 g. Adequate off-street loading space is provided in compliance with Section 3, Subd. 6. of this Ordinance. 5. Funeral homes and mortuaries provided that: a. The site and related parking and service entrances are served by an arterial or collector street or sufficient capacity to accommodate the traffic which will be generated. b. Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. C. Adequate off-street loading is provided in compliance with Section 3, Subd. 6. of this Ordinance. d. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. e. When abutting residential zoning districts, a buffer area with screening and landscaping in compliance with Section 3, Subd. 4.S. of this Ordinance shall be provided. f. All signing and information or visual communications devices shall be in compliance with Appendix C of the City Code. 6. Multiple family dwellings greater than four (4) stories or forty-five (45) feet in height provided that: a. The architectural appearance of the building shall not be so dissimilar to the existing neighboring buildings as to cause impairments in property values or constitute a blighting influence within a reasonable distance of the lot. b. For each additional five (5) feet in allowable, actual, roof height as calculated by the Building Code, which is above the maximum building height allowed by the respective zoning district; front and side yard setback requirements shall be increased by one (1) foot. C. The construction does not limit solar access to abutting and/or neighboring properties. 6-2x City of Lino Lakes - Zoning Ordinance • 7. Clubs, lodges, fraternity and sorority houses which do not offer public accommodations provided that: • a. Adequate screening from abutting and adjoining residential uses and landscaping is provided. b. Adequate off-street parking and access is provided and such parking is adequately screened and landscaped from adjoining and abutting residential uses. C. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 6-29 City of Lino Lakes - Zoning Ordinance • Subd. 6. R-6, Manufactured Home Park District. A. Purpose. This district is intended to provide opportunities whereby manufactured housing may be located on a leased or rented site 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 Ordinance. B. Lot and Yard Requirements. 1. Minimum Park Size. Five (5) acres. 2. Minimum Lot or Site Size. Six thousand (6,000) square feet per unit exclusive of roadways, walkways or other property used for park purposes. 3. Minimum Lot or Site Width. Sixty (60) feet measured at right angles to its side lines. 4. Setbacks. (The greater of the following:) a. From Public Streets. 1) Local Street. Thirty (30) feet. 2) Collector Street. Forty (40) feet. b. Front Yard. 1) Private Park Street. Twenty (20) feet. 2) Common Park Walk. Ten (10) feet. C. Rear Yard. Ten (10) feet. d. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may be reduced to zero, if it is part of an overall park plan to maximize private yard space for each unit. This zero side yard setback allowance will only be permitted if the distance to the manufactured home that shares that side lot line is at least • thirty (30) feet in distance. 6-30 City of Lino Lakes - Zoning Ordinance e. There shall not be less than twenty (20) feet of space is between manufactured homes in all directions. • f. From R R-X R-1 R-2, R-3, R-4 Zoning Districts. Thirty (30) feet. C. Park Requirements. 1. Skirt. All manufactured homes shall have skirts around the entire unit made of metal, plastic, fiberglass or comparable, non-combustible material approved by the Building Official and shall be finished to be harmonious with the manufactured home so that it will enhance the general appearance thereof. 2. Parking. The parking of more than one (1) manufactured home on any single lot shall not be permitted. 3. Fire Protection. Fire protection shall be in accordance with Minnesota Health Department Rule 187 Fire Protection Regulations. Each occupied manufactured home shall be equipped with a Fire Marshal approved type extinguisher in usable condition. The occupant of a manufactured home shall be responsible for providing such extinguisher. 4. Support and Tie Down Systems. The Minnesota Department of Administration Building Code Division Rules for Manufactured 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 manufactured homes shall be equipped with an anchoring and support system as defined and approved by state rules. 5. Construction Material Storage. All construction materials not currently in use for construction shall be stored indoors, or totally screened from the eye level view from public streets and adjacent properties. 6. Drainage. 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. 7. Common Walks. Where deemed necessary, common walks shall be provided. Such walks shall be a minimum width of three (3) feet. 6--,i City of Lino Lakes - Zoning Ordinance • 8. 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 two (2) feet. 9. Patio. A patio may be constructed on the ground beside each manufactured home parking space; this patio shall be not greater than one hundred fifty (150) square feet in area and constructed of concrete with a minimum thickness of four (4) inches or approved equal. 10. Shade Tree. 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. 11. Landscaping. Except for the areas used for the manufactured home, patio, walkways and off-street parking space, the entire site or lot shall be sodded, seeded or adequately landscaped. 12. Screening. Where a manufactured home park site abuts upon a R, R-X, R-1, R-1X, R-2, R-3, R-4 Zoning District, the setback area shall be landscaped and screened with trees and bushes. Screening shall meet • the requirements established in Section 3, Subd. 4.S. 13. Street Access. Each unit shall abut on and have access to a street. This street shall be constructed according to standards approved by the City. 14. Curbing. 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. 15. 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. 16. Parking. a. Each manufactured home site shall have off-street parking space paved with concrete and/or bituminous for two (2) automobiles. b. 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) manufactured home lots. 6-32 City of Lino Lakes - Zoning Ordinance 0 C. Access drives off roads to all parking spaces and manufactured home lots shall be surfaced with concrete or bituminous according to specifications established by the City. d. 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 fenced and screened from view of public road and adjacent properties. 17. Utilities. a. All manufactured homes shall be served by a central water and sanitary sewer system. b. All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. C. Access in the skirting shall be provided to allow the inspection of plumbing, electrical facilities and related manufactured home equipment. d. Water facilities, sewage disposal and street lighting shall be installed and maintained by the owner of the manufactured home park and shall meet all appropriate standards established by the City. 18. Street Lighting. The park shall have a street lighting plan approved by the City. 19. Accessory Buildings. One (1) accessory building for outside storage of equipment and refuse is required for each lot and may be provided by either the owner of the manufactured home park or the owner of the manufactured home. The accessory building shall be a minimum size of one hundred twenty (120) square feet in size and fourteen (14) feet in height. 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 accessory buildings in the manufactured home park. . 20. Community Building. All manufactured home parks may have a central community building with laundry drying areas and washing machines. v-; City of Lino Lakes - Zoning Ordinance • 21. Emergency Storm Protections. Manufactured home parks established prior to 1 July 1993 shall comply with emergency room protections as required by Minnesota Statutes. A new manufactured home park established after 1 July 1993 shall have storm shelters in compliance with Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council. 22. Recreational Space. All manufactured home parks shall have at least ten (10) percent 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. 23. Refuse Handling. The handling of refuse shall be in compliance with the applicable provisions of Section 3,, Subd. 4.G of this Ordinance. The refuse handling shall be allowed provided such equipment is screened from adjacent uses, and all public and private street rights -of - way. D. Permitted Uses. In the R-6 District, unless otherwise provided in this Ordinance, no building or land shall be used and no building shall be erected or structurally altered except for one or more of the following uses: 1. Manufactured homes. 2. Community/recreation buildings. E. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-6 District and governed by Section 2, Subd. 3. of this Ordinance. 1. None. F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-6 District: 1. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 2. Tool houses, sheds and similar buildings for storage of domestic • supplies and equipment. 3. Signs as regulated by Appendix C of the City Code. 6-3a City of Lino Lakes - Zoning Ordinance 4. Community laundry facilities, park office, recreational building(s) provided such structures are of a permanent nature and comply with the provisions of the State Uniform Building Code. 5. Civil defense buildings/storm shelters. G. Conditional Uses. The following are conditional uses in the R-6 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. None. H. 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 and Zoning Board. Approval shall be granted only upon compliance with all of the following: 1. Planning and Zoning Board Review. The Planning and Zoning • Board shall review all applications for manufactured home parks and may hold hearings as deemed necessary or proper. The findings and recommendations of the Planing and Zoning Board shall be forwarded to the City Council for action. 2. 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. 3. Submission Requirements. Submission for manufactured home approval shall include the following: a. Twenty (20) copies of the manufactured home park plan showing the following: 1) The extent and area proposed for manufactured home park purposes. 2) Locations for roads and driveways. 3) Location of sites or lots for manufactured homes. • 4) Proposed disposition of surface drainage. 6 > City of Lino Lakes - Zoning Ordinance . 5) Proposed street surfacing and lighting. 6) Off-street parking. 7) Patios. 8) Location of community building. 9) Location of recreation facilities. 10) Location of sidewalks. 11) Location of setback lines. 12) Location of screening, planting, green areas, etc. 13) Any other information requested by the City Council. b. Twenty (20) copies of detailed plans for construction and site improvements in detail adequate to assure proper review of all site requirements established in this Ordinance. • C. 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 regulations. 4. Compliance with Ordinance. The Building 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. 5. 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 purposes of inspection. Manufactured Home Inspection - Permits. No manufactured home shall be occupied as a dwelling unless a certificate of occupancy has been issued by the Building Official. 1. Installation Permit. No manufactured home shall be installed without having first applied for, acquired and received an installation permit from the Building Official. G-36 City of Lino Lakes - Zoning Ordinance • • 2. Certificate of Occupancy. Upon receipt of an application for occupancy, the Building Official will promptly inspect the installation to assure conformance with all requirements of the Minnesota State Uniform Building Code and all other appropriate requirements. 3. Permit Issuance. Upon approval, the Building Official shall issue a certificate of occupancy to the installer. Permit shall state the date of issuance and shall precisely describe the location of the manufactured home. 4. Fees. Fees for inspection shall be set by the City Council. 0 )7 City of Lino Lakes - Zoning Ordinance • Subd. 7. R-7, Manufactured Home Subdivision District. A. Purpose. The purpose of this district is to provide opportunities whereby manufacturing housing may be located on an individually owned lot of a subdivision in safe, attractive residential neighborhoods with all urban services and desired amenities. B. Minimum Land Area. The minimum land area for any R-7 District shall be five (5) acres of land, and the minimum width of a manufactured home subdivision shall be at least three hundred (300) feet. C. 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: 1. Minimum Lot Area. Nine thousand (9,000) square feet. 2. Minimum Lot Depth. a. One hundred twenty (120) feet. . b. Double Frontage Lots. One hundred thirty (130) feet. 3. Minimum Lot Width. a. Interior Lot. Seventy (70) feet. b. Corner Lot. Eighty-five (85) feet. 4. Setbacks. (The greater of the following:) a. From Streets. 1) Residential Street. Twenty-five (25) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Front Yard. Twenty-five (25) feet. re 1) Principal Building. Twenty (20) feet. 2) Accesso�r r Building. Five (5) feet. 6-38 City of Lino Lakes - Zoning Ordinance . d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. D. Maximum Structure Height. Thirty (30) feet. E. Buffer Strip. Buffer/screen boundary between manufactured home subdivision and collector and arterial roadways: Twenty (20) feet. F. Permitted Uses. In the R-7 District, unless otherwise provided in this Ordinance, 1. Single family detached manufactured home. 2. Public parks. 3. Municipal Buildings G. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-7 District and governed by Section 2, Subd. 3. of this Ordinance: 1. None. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-7 District: 1. Home occupations as regulated by Section 3, Subd. 9 of this Ordinance. 2. Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 3. Tool houses, sheds and similar buildings for storage of domestic supplies and equipment. 4. Private garages, parking spaces and car pools for licensed and • operable passenger cars and trucks. 5. Recreational vehicles and equipment per Section 3, Subd. 4.R. 6-39 City of Lino Lakes - Zoning Ordinance is 6. Fences per Section 3, Subd. 4.S. r1 L_ 7. Signs as regulated by Appendix C of the City Code. 8. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 9. Accessory uses incidental and customary to the uses permitted in Section 6, Subds. 7.F., 7.G, and 7.1. of this Ordinance. 10. Civic defense buildings/storm shelters. Conditional Uses. The following are conditional uses in the R-7 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. None. J. Review and Approval Procedures. No person shall erect, establish, extend or enlarge a manufactured housing development within the City of Lino Lakes without first obtaining site plan approval from the City Council with review by the Planning and Zoning Board. Approval shall be granted only upon compliance with all of the following: 1. The application and review process for a manufactured housing development, and all site improvements, shall conform to all of the requirements of the City's subdivision regulations, as 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. 2. The site plan and landscape plan shall meet all development standards and lot requirements of this Ordinance. 3. 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. 64 0 City of Lino Lakes - Zoning Ordinance • 4. The proposed site plan must meet all applicable requirements of Minnesota Statutes regarding manufactured homes, and any applicable rules and regulations of the Minnesota Department of Health. K. Building Standards. All permitted residential structures in the R-7 District shall meet the following design criteria: 1. All residential 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 each residential structure shall have a width of not less than twenty (20) feet. Width measurement shall not take into account overhangs. 3. Single family manufactured dwellings shall have at least a 3/12 roof pitch and shall be covered with shingles or tiles. 4. The minimum size or floor area for manufactured dwellings in the R-7 District shall be nine hundred (900) square feet. 5. Any metal siding upon single family residence structure shall have horizontal edges and overlapping sections no wider than twelve (12) inches. Sheet metal siding shall not be permitted in such districts. L. Landscaping. 1. 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. 2. At least one (1) shade tree shall be planted at each homesite. Such tree shall be a minimum of two (2) inches caliper size. 3. Every manufactured housing subdivision shall provide for a buffer to adjacent R, R-X, R-1, R-1X, or R-2 Zoning Districts, consisting of a vacant strip of land twenty (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 part of the development process. The buffer area may be placed under the control of a ihomeowners' association, or be included in individual platted lots. Deed restrictions requiring the permanent reservation of these trees as open G-4 1 City of Lino Lakes - Zoning Ordinance • space and the maintenance of plant materials and berms shall be recorded prior to the issuance of any building permits. • M. 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 screened and fenced in an approved manner. N. Parking and Street Standards. 1. Each dwelling unit shall have a concrete or asphalt paved off-street parking area for a minimum of two (2) vehicles. Such parking area shall not be less than ten (10) feet from any street right-of-way. 2. Public 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. O. Manufactured Home Inspection - Permits. No manufactured home shall be occupied as a dwelling unless a certificate of occupancy has been issued by the Zoning Official. 1. Installation Permit. No manufactured home shall be installed without having first applied for, acquired and received an installation permit from the Zoning Official. 2. 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. 3. Permit Issuance. Upon approval, the Zoning Official shall issue a certificate of occupancy to the installer. Permit shall state the date of issuance and shall precisely describe the location of the manufactured home. 4. Fees. Fees for inspection shall be set by the City Council. 6-a-) • City of Lino Lakes - Zoning Ordinance SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. A. Purpose. The purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. Eleven thousand two hundred fifty (11,250) square feet. b. Unsewered Lot. Ten (10) acres, in accordance with applicable • provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. a. Sewered Lot -Interior. Seventy-five (75) feet. b. Sewered Lot -Corner. One hundred (100) feet. C. Unsewered Lot. One hundred fifty (150) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building- Local Street. Thirty (30) feet. 2) Principal Building - Collector or Arterial Street. Forty (40) feet. 3) Parking Lot. Fifteen (15) feet. • b. Front Yard. 7-1 City of Lino Lakes - Zoning Ordinance 1) Principal Building. Thirty (30) feet. 2) Parking Lot. Fifteen (15) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Ten (10) feet. d. Side Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Ten (10) feet. e. From Residential District. Thirty-five (35) feet. f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the NB District shall be erected or structurally altered to exceed thirty-five (35) feet in height. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. E. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 1. Convenience grocery store (not supermarket type and without motor fuel facilities). 2. Barber shop. 3. Beauty parlor. 4. Bakery. • 5. Laundromat (self-service). 7-2 1 • 1] City of Lino Lakes - Zoning Ordinance 6. Antique shops. 7. Art/school supplies, books, office stationery stores. 8. Bicycle sales/repair. 9. Coin stores. 10. Copy and printing service. 11. Florist shop. 12. Gift or novelty store. 13. Hobby store. 14. Locksmith. 15. Tailor shops. 16. Record/compact disc/video stores sales and rental. 17. Real estate sales. 18. Camera/photographic supplies/processing/studio. 19. Personal services (subject to any licensing requirements of the City Code or County or State licensing requirements). 20. Adult uses - accessory. 21. Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the City. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the NB District and are governed by Section 2, Subd. 3 of this Ordinance- 1 . None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the NB District: 7-3 City of Lino Lakes - Zoning Ordinance 1. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. 2. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance. 3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Professional, commercial, and legal offices, medical and dental clinics provided that: a. The site and related parking and service entrances are served by a • street of sufficient capacity to accommodate the traffic which will be generated. b. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. C. When abutting a residential use, a buffer area with screening and landscaping in compliance with Section 3, Subd. 4.S. of this Ordinance shall be provided. d. All signs and information or visual communication devices shall be in compliance with Appendix C of the City Code. 2. Motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 7-4 • • City of Lino Lakes - Zoning Ordinance b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a bituminous or concrete material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. The lighting shall be in compliance with Section 3, Subd. 4.1-1. of this Ordinance. g. Wherever fuel pumps are to be installed, pump islands shall be installed. h. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. Parking or car magazine storage space at pump islands shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 5 of this Ordinance and shall be subject to the approval of the City Engineer. 7-5 City of Lino Lakes - Zoning Ordinance I. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. M. Provisions are made to control and reduce noise. n. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 1.G.1 of this Ordinance. 3. Small engine repair provided that: a. The lighting shall be in compliance with Section 3, Subd. 4.H. of this Ordinance. b. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. • of this Ordinance and shall be subject to the approval of the City Engineer. d. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. e. Provisions are made to control and reduce noise. f. No outside storage, service or sales except as allowed in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 1.G.1. of this Ordinance. 4. Day care nursery enrollment facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.S. of this Ordinance. 7-6 • City of Lino Lakes - Zoning Ordinance C. Adequate off-street parking is provided in a location separated from any outdoor play area(s). • • d. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. 7-7 City of Lino Lakes - Zoning Ordinance Subd. 2. LB, Limited Business District. A. 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" development. Also, the LB District can be used as a transitional district or buffer between non -compatible uses such as intense commercial (GB) and residential uses. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lots. Fifteen thousand (15,000) square feet. b. Unsewered Lots. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. • a. Sewered Lots. One hundred (100) feet. b. Unsewered Lots. One hundred fifty (150) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building - Local Street. Thirty (30) feet. 2) Principal Building - Collector or Arterial Street. Forty (40) feet. L 3) Parking Lot. Fifteen (15) feet. b. Front Yard. 1) Principal Building. Thirty (30) feet. 2) Parking Lot. Fifteen (15) feet. 7-8 0 City of Lino Lakes - Zoning Ordinance C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot. Ten (10) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Ten (10) feet. e. From Residential District. Thirty-five (35) feet. f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the LB District shall exceed a height of three (3) stories or thirty-six (36) feet, whichever is higher. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent landscaped area. E. Permitted Uses. In the 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. 1. Adult use accessory. 2. Art and school supplies. 3. Bakery goods and baking of goods for retail sales on the premises. 4. Bank, savings and loan, savings credit unions and other financial • institutions. 7-9 • City of Lino Lakes - Zoning Ordinance 5. Barber shops/beauty salon. 6. Bicycle sales and repair. 7. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. 8. Camera and photographic supplies/processing/studio. 9. Commercial and professional offices. 10. Dry cleaning pick up and laundry pick up stations including incidental repair and assembly but not including processing. 11. Drug store. 12. Florist shop. 13. Funeral homes. 14. Gift or novelty store. 15. Grocery, supermarket, delicatessen, meat market (but not including processing for a locker plant. 16. Hardware. 17. Hobby store. 18. Insurance sales. 19. Laundromat, self-service washing and drying. 20. Meat market, but not including processing for a locker plant. 21. Medical and dental offices and clinics. 22. Paint and wallpaper sales, hardware, locksmith. 23. Plumbing, television, radio, electrical sales and such repairs as are accessory use to the retail establishment permitted within this district. • 24. Public garages. 7-10 • City of Lino Lakes - Zoning Ordinance 25. Public utility collection offices. 26. Real estate sales. _ 27. Rest home, nursing home. 28. Shoe sales and repair. 29. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the LB District and are governed by Section 2, Subd. 3. of this Ordinance: 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the LB District: 1. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. 2. Off-street parking as regulated by Section 3, Subd. 5 of this Ordinance. 3. Off-street loading as regulated by Section 3, Subd. 6 of this Ordinance. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Private lodges and clubs provided that: a. Adequate screening from abutting and adjoining residential uses and landscaping is provided. b. Adequate off-street parking and access is provided and that such • parking is adequately screened and landscaped from adjoining and residential uses. 7-11 • City of Lino Lakes - Zoning Ordinance C. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 2. Motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a concrete or bituminous material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be in compliance with Section 3, Subd. 4.H. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty • (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. 7-12 • City of Lino Lakes - Zoning Ordinance j. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. n. Provisions are made to control and reduce noise. 40 o. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 2.C.1. of this Ordinance. 3. Restaurants (not drive-in type) provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of this Ordinance, and shall be subject to the approval of • the City Engineer. 7-13 • City of Lino Lakes - Zoning Ordinance e. The entire area shall have a drainage system which is subject to the approval of the City Engineer. f. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. g. Lighting shall be in compliance with Section 3, Subd. 4.H of this Ordinance. 4. Music, dance or business schools provided that: a. Provisions are made to buffer and screen any surrounding residential uses. b. The site is served by a street of sufficient capacity to accommodate traffic which will be generated and shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance subject to the approval of • the City Engineer. 5. Apartments accessory to permitted or conditional uses in the LB District provided that: a. Residential and non-residential use are not contained on the same floor. b. The residential and non-residential uses do not conflict in any manner. 6. Day care nursery facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.S. of this Ordinance. • C. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 7-14 • City of Lino Lakes - Zoning Ordinance • • d. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. 7-IS • City of Lino Lakes - Zoning Ordinance Subd. 3. GB, General Business District. A. 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. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. Twenty thousand (20,000) square feet. b. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Wdth. One hundred (100) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building - Local Street. Thirty (30) feet. 2) Principal Building - Collector or Arterial Street. Forty (40) feet. 3) Parking Lot/Driveway. Fifteen (15) feet. b. Front Yard. Thirty (30) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Ten (10) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 7-16 • City of Lino Lakes - Zoning Ordinance 2) Accessory Building. Ten(10)feet. 3) Parking Lot . Ten (10) feet. e. From Residential District. Thirty-five (35) feet. f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the GB District shall be erected or structurally altered to exceed forty-five (45) feet in height. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than seventy five (75) percent of the lot area resulting in less than twenty-five (25) percent landscaped area. E. 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. 1. Equipment rental and repair (home, garden, and other small uses). 2. Restaurants (not including drive-in type). 3. Bakery or confectionery shop for the production of articles to be sold at retail on the premises. 4. Newspaper publishing and job printing establishments. 5. Bowling alleys and recreational entertainment. 6. Electrical, radio and television sales and repair. 7. Carpeting or woodworking shops. 8. Greenhouses. 9. Hotel and motel. . 10. Financial institutions. 7-17 • City of Lino Lakes - Zoning Ordinance 11. Funeral chapel or mortuary with caretaker apartment. 12. Music, dance or business/trade school. 13. Commercial, professional, legal, medical and dental offices or clinics. 14. Retail shops and stores. 15. Plumbing, office, shop and retail sales. 16. Liquor, on and off -sale. 17. Art and school supplies. 18. Bicycle sales and repair. 19. Camera and photographic supplies/processing/studio. 20. Drug stores. • 21. Dry cleaning pick up. 22. Florist shops. 23. Gift or novelty stores. 24. Grocery stores. 25. Hardware stores. 26. Hobby stores. 27. Locksmiths. 28. Paint and wallpaper supplies. 29. Shoe repair. 30. Wearing apparel. 31. Jewelry stores. 7-I8 • City of Lino Lakes - Zoning Ordinance 32. Record/music shops. 33. Furniture stores. 34. Book, office supply and stationery stores. 35. Travel bureaus. 36. Theaters. 37. Adult uses -principal and accessory. 38. Auto and boat sales, enclosed. 39. Copy service. 40. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 41. Veterinary Clinic F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the GB District and are governed by Section 2, Subd. 3. of this Ordinance: 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the GB District: 1. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. 2. Off-street parking as regulated by Section 3, Subd. 5 of this Ordinance. 3. Off-street loading as regulated by Section 3, Subd. 6 of this Ordinance. 4. Accessory apartments in combination with a principal business and occupied by the business owner. 7-19 0 City of Lino Lakes - Zoning Ordinance H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Hospitals provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 3, Subd. 4.S. of this Ordinance. b. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. C. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. d. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. e. Adequate off-street loading space is provided in compliance with Section 3, Subd. 6 of this Ordinance. 2. Motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a concrete or bituminous material to control dust and drainage which is subject to the approval of the City Engineer. 7-20 • City of Lino Lakes - Zoning Ordinance d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. Wherever fuel pumps are to be installed, pump islands shall be installed. g. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. h. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. i. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance and shall be subject to the approval of the City Engineer. k. Lighting shall be in compliance with Section 3, Subd. 4.1-1 of this Ordinance k. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. Provisions shall be made to control and reduce noise. M. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. and Section 7. Subd. 3.G.1. of this Ordinance. 3. Bus and transit stations provided that: 7-21 10 City of Lino Lakes - Zoning Ordinance a. When abutting a residential use or residential district, the property shall be screened and landscaped in accordance with Section 3, Subd. 4.S. of this Ordinance. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. C. The entire area other than occupied by the building or planting shall be surfaced with blacktop or concrete which will control dust and drainage which is subject to the approval of the City Engineer. d. The entire area shall have a drainage system which is subject to the approval of the City Engineer. e. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. f. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. g. Provisions are made to control and reduce noise. h. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. Motor fuel activities associated with the bus service shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 4. Veterinary clinics (with kennels) provided that: a. All areas in which animals are confined are located indoors and are is properly soundproofed from adjacent properties. 7-22 0 City of Lino Lakes - Zoning Ordinance b. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. C. An animal kennel is permitted as a use accessory to the veterinary clinic provided that: 1) The number of animals boarded shall not exceed twenty (20). 2) An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. • 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. • 5) Indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed. d. The appropriate license is obtained from the City Clerk and the conditions of Section 500 of the City Code relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 5. Accessory drive -through facilities provided that: 7-23 • City of Lino Lakes - Zoning Ordinance a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. e. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 10 f. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. g. Provisions shall be made to control and reduce noise from any exterior audio equipment. 6. Automobile and truck repair (including body shops) provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. b. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. C. All signing information or visual communication devices shall be in • compliance with Appendix C of the City Code. 7-24 • City of Lino Lakes - Zoning Ordinance d. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 1) Exterior wall treatment shall be similar and/or complement the principal building. 2) The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. 3) The trash enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash enclosure must be fully screened from view of adjacent properties. e. Evening and Sunday hours of operation shall be subject to the approval of the City Council. f. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. g. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. h. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. j. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, • finds that the general welfare and public betterment can be served by modifying the conditions. 7-2S • City of Lino Lakes - Zoning Ordinance 7. Contractor shops and offices provided that: a. All outside storage is prohibited. The storage of contractor equipment and materials must be completely inside. b. When abutting a residential land use, a buffer area with screening and landscaping in compliance with Section 3, Subd. 4.S. of this Ordinance is provided. C. All sign and information or visual communication devices shall be in compliance with Appendix C of the City Code. 8. Small engine and boat repair provided that: a. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 3, Subd. 4.1-1. of this Ordinance. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. d. All signing and informational or visual communication devices shall be minimize and shall be in compliance with Appendix C of the City Code. e. Provisions are made to control and reduce noise. f. No outside storage, repair or sales except in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 3.G.1. of this Ordinance shall be allowed. g. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 2, Subd. 2. of this Ordinance. 7-26 r� City of Lino Lakes - Zoning Ordinance h. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 9. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of the neighboring residential uses or if abutting a residential district in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Storage materials are screened from view from the public right-of- way. C. Storage area is grassed or surfaced to control dust. d. All lighting is hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 3, Subd. 4.1-1. of this Ordinance. e. Such storage does not take up parking space as required to conform to the provisions of this Ordinance. f. The storage does not include any waste, except as provided in Section 3, Subd. 4.R. of this Ordinance. 10. Commercial car washes (drive through, mechanical and self-service) provided that: a. The site is serviced by municipal sanitary sewer. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. C. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City is Engineer. 7-27 • City of Lino Lakes - Zoning Ordinance d. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. f. The entire area other than occupied by the building or plantings shall be surfaced with a concrete or bituminous material which will control dust and drainage which is subject to the approval of the City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the City. h. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.H. of this Ordinance. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. k. Provisions shall be made to control and reduce noise. 11. Day care nursery facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 7-28 0 City of Lino Lakes - Zoning Ordinance d. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. 12. Outdoor sales lots provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. C. The entire sales lot and off-street parking area is paved. d. For motor vehicle or boat sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. • e. A perimeter curb is provided around the sales/parking lot. • 7-29 City of Lino Lakes - Zoning Ordinance Subd. 4. CB, Central Business District. A. Purpose. This zoning classification is reserved to promote expansion and redevelopment projects for modern retail shopping facilities of integrated design in central business locations. This will allow potential developers greater freedom in site selection and flexibility in designs for commercial development. B. District Lot and Yard Requirements. 1. Minimum Lot Size. None. 2. Minimum Lot Wdth. None. 3. - Setbacks. a. From Streets. 1) Principal Building - Local Street. Thirty (30) feet. • 2) Principal Building - Collector or Arterial Street. Forty (40) feet. 3) Parking Lot/Driveway. Fifteen (15) feet. b. Front Yard. Thirty (30) feet. C. Rear Yard. 1) Principal Building. Ten(10)feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Ten (10) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Ten (10) feet. 7-30 • City of Lino Lakes - Zoning Ordinance e. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings upon the lot. C. Height Regulations. No building in the CB District shall exceed a height of forty-five (45) feet. D. Building Coverage/Green Area. In no event shall off-street paring space, structures of any type, buildings, or other features cover more than eighty-five (85) percent of the lot area resulting in less than fifteen (15) percent landscaped area. E. Permitted Uses. In the CB 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. 1. Equipment rental and repair (home, garden, and other small uses). 2. Restaurants (not including drive-in type). • 3. Bakery or confectionery shop for the production of articles to be sold at retail on the premises. 4. Newspaper publishing and job printing establishments. 5. Bowling alleys and recreational entertainment. 6. Electrical, radio and television sales and repair. 7. Carpeting or woodworking shops. 8. Greenhouses. 9. Hotel and motel. 10. Financial institutions. 11. Funeral chapel or mortuary with caretaker apartment. 12. Music, dance or business/trade school. • 13. Commercial, professional, legal, medical and dental offices or clinics. 7-3 1 • • City of Lino Lakes - Zoning Ordinance 14. Retail shops and stores. 15. Plumbing, office, shop and retail sales. 16. Liquor, on and off -sale. - 17. Art and school supplies. 18. Bicycle sales and repair. 19. Camera and photographic supplies/processing/studio. 20. Drug stores. 21. Dry cleaning pick up. 22. Florist shops. 23. Gift or novelty stores. 24. Grocery stores. 25. Hardware stores. 26. Hobby stores. 27. Locksmiths. 28. Paint and wallpaper supplies. 29. Shoe repair. 30. Wearing apparel. 31. Jewelry stores. 32. Record/music shops. 33. Furniture stores. 34. Book, office supply and stationery stores. 7-32 • City of Lino Lakes - Zoning Ordinance 35. Travel bureaus. 36. Theaters. 37. Adult uses -principal and accessory. 38. Auto and boat sales, enclosed. 39. Copy service. 40. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 41. Veterinary Clinic F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the CB District and are governed by Section 2, Subd. 3. of this Ordinance: 0 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the CB District: 1. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. 2. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance. 3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the CB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or 7-33 0 City of Lino Lakes - Zoning Ordinance 0 business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. Wherever fuel pumps are to be installed, pump islands shall be installed. g. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. h. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance and shall be subject to the approval of the City Engineer. 7-34 • City of Lino Lakes - Zoning Ordinance k. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. Provisions shall be made to control and reduce noise. M. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 4.G.1. of this Ordinance. n. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 2, Subd. 2. of this Ordinance. o. All conditions pertaining to a specific -site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 2. Accessory drive -through facilities provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. e. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. 7-35 • City of Lino Lakes - Zoning Ordinance f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. The entire area other than occupied by buildings or structures or planting shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. h. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. -3. Automobile and truck repair (including body shops) provided that: a. The architectural appearance and functional plan of the building - and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. b. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter. curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. C. All signing information or visual communication devices shall be in compliance with Appendix C of the City Code. d. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 1) Exterior wall treatment shall be similar and/or complement the principal building. 2) The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. 3) The trash enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash enclosure must be fully screened from view of adjacent properties. 7-36 • • City of Lino Lakes - Zoning Ordinance e. The hours of operation shall be between 7:00 AM and 6:00 PM. Evening hours of operation shall be subject to the approval of the City Council. f. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. g. The emission of odor by a -use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. h. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. 4. Day care nursery facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.S. of this Ordinance- C . Adequate off-street parking is provided in a location separated from any outdoor play area(s). 7-37 • City of Lino Lakes - Zoning Ordinance P-� d. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. 5. Outdoor sales lots provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. C. The entire sales lot and off-street parking area is paved. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. e. A perimeter curb is provided around the sales/parking lot. 7-38 City of Lino Lakes - Zoning Ordinance Subd. 5. SC, Shopping Center District. A. 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 (2) years following such zoning. This will allow potential developments greater freedom in site selection and reduce the possibility of under or over zoning for commercial development. 1. There may be more than one site suited for commercial activity, and public safety states that only one may be developed. 2. To provide a flexible means to zone land for commercial development at a later date when there is justification. B. District Lot and Yard Requirements. 1. Minimum Lot Size. Three (3) acres. 2. Minimum Lot Width. 100'. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building - Local Street. Fifty (50) feet. 2) Principal Building - Collector or Arterial Street. Fifty (50) feet. 3) Parking Lot/Driveway. Fifteen (15) feet. b. Front Yard. Fifty (50) feet. C. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Five (5) feet. • 7-39 • City of Lino Lakes - Zoning Ordinance d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Five (5) feet. e. From Residential District. Thirty-five (35) feet. f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the SC District shall exceed a height of forty-five (45) feet. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than seventy-five (75) percent of the lot area resulting in less than twenty-five (25) percent landscaped area. E. 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. 1. Equipment rental and repair (home, garden, and other small uses). 2. Restaurants (not including drive-in type). 3. Bakery or confectionery shop for the production of articles to be sold at retail on the premises. 4. Newspaper publishing and job printing establishments. 5. Bowling alleys and recreational entertainment. 6. Electrical, radio and television sales and repair. 7. Carpeting or woodworking shops. • 8. Greenhouses. 7-40 • City of Lino Lakes - Zoning Ordinance 9. Hotel and motel. 10. Financial institutions. 11. Funeral chapel or mortuary with caretaker apartment. 12. Music, dance or business/trade school. 13. Commercial, professional, legal, medical and dental offices or clinics. 14. Retail shops and stores. 15. Plumbing, office, shop and retail sales. 16. Liquor, on and off -sale. 17. Art and school supplies. 18. Bicycle sales and repair. 19. Camera and photographic supplies/processing/studio. 20. Drug stores. 21. Dry cleaning pick up. 22. Florist shops. 23. Gift or novelty stores. 24. Grocery stores. 25. Hardware stores. 26. Hobby stores. 27. Locksmiths. 28. Paint and wallpaper supplies. • 29. Shoe repair. 7-4 1 City of Lino Lakes - Zoning Ordinance 30. Wearing apparel. 31. Jewelry stores. 32. Record/music shops. 33. Furniture stores. 34. Book, office supply and stationery stores. 35. Travel bureaus. 36. Theaters. 37. Adult uses -principal and accessory. 38. Auto and boat sales, enclosed. 39. Copy service. 40. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 41. Veterinary Clinic F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the SC District and are governed by Section 2, Subd. 3. of this Ordinance: 1. None. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the SC District: 1. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. 2. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance. 3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance. • 7-42 • City of Lino Lakes - Zoning Ordinance H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the SC District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Automobile service stations and motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. Wherever fuel pumps are to be installed, pump islands shall be installed. g. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. h. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. i. Each light standard landscaped. • 7-43 City of Lino Lakes - Zoning Ordinance Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. M. Provisions are made to control and reduce noise. n. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. and Section 7, Subd. 5.G.1. of this Ordinance. o. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in • compliance with Section 2, Subd. 2. of this Ordinance. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 2. Commercial car washes (drive through, mechanical and self-service) provided that: a. The site is serviced by municipal sanitary sewer. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. C. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City • Engineer. 7-44 • City of Lino Lakes - Zoning Ordinance d. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. f. The entire area other than occupied by the building or plantings shall be surfaced with a concrete or bituminous material which will control dust and drainage which is subject to the approval of the City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the City. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. • i. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. • Provisions shall be made to control and reduce noise. 3. Accessory drive -through facilities provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. 7-45 City of Lino Lakes - Zoning Ordinance d. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. e. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. The entire area other than occupied by buildings or structures or planting shall be surfaced with a concrete or bituminous material which will control dust and drainage and which is subject to the approval of the City Engineer. h. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. • 4. Day care nursery enrollment facilities provided that: 0 a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking is provided in a location separated from any outdoor play area(s). d. All signing and informational or visual communication devices shall be in compliance with the provisions of Appendix C of the City Code. 5. Outdoor sales lots provided that: 7-46 City of Lino Lakes - Zoning Ordinance 0 - • a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. C. The entire sales lot and off-street parking area is paved. d. For motor vehicle and boat sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. e. A perimeter curb is provided around the sales/parking lot. - 7-47 City of Lino Lakes - Zoning Ordinance SECTION 8. INDUSTRIAL DISTRICTS 40 Subd. 1. LI, Light Industrial District. A. 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 wholesale, service and light industries which are dependent upon raw materials refined elsewhere. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. One (1) acre. b. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. One hundred (100) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building - Local Street. Thirty (30) feet. 2) Principal Building - Collector or Arterial Street. Fifty (50) feet. 3) Parking Lot. Fifteen (15) feet. b. Front Yard. Fifty (50) feet. C. Rear Yard. 1) Principal Building Fifteen (15) feet. 2) Accessory Building. Ten (10) feet. 8-1 City of Lino Lakes - Zoning Ordinance 3) Parking Lot. Five (5) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten(10)feet 3) Parking Lot. Five (5) feet. e. From Residential District. Seventy-five (75) feet. f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the LI District shall be erected or structurally altered to exceed forty-five (45) feet in height. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than ninety (90) percent of the lot area resulting in less than ten (10) percent landscaped area. E. Buffer. Where a side or rear lot line in an LI 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 forty (40) feet in depth and shall contain landscaping, planting, berming or other effective screening suitable to provide an effective fifty (50) percent screen. F. Permitted Uses. In the LI District, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 1. Any use permitted in a Commercial District that will not interfere with proper development of a Light Industrial District. 2. Shops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting but not storage yards. 3. Bottling establishments to include beverages such as soft drinks, milk, etc., but not including hazardous or toxic materials. 4. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, by- 8_2 Ll • • City of Lino Lakes - Zoning Ordinance products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. Examples of such uses are: a. Fabrication or assembly of products such as optical, electronic, pharmaceutical, medial supplies, equipment, clothing, food, etc. b. Printing and publishing. 5. Building material sales. 6. Carpet and rug cleaning. 7. Laundry, dry cleaning or dying plant. 8. Feed and seed sales. 9. Greenhouses, nurseries. 10. Warehousing, storage and distribution facilities but not motor freight terminals. 11. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses or of the same general character. 12. Contractor storage of equipment and building materials if enclosed within a building. 13. Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 14. Wholesale businesses and offices. 15. Transportation and bus terminals. 16. Radio and television stations. 17. 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 occupants 18. Professional offices. 8-3 City of Lino Lakes - Zoning Ordinance • • • G. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the LI District and are governed by Section 2, Subd. 3 of this Ordinance: 1. None. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the LI District: 1. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance. 2. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance. I. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LI District: These uses require a conditional use permit based on criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Open and outdoor storage as an accessory use provided that: a. The storage area is landscaped and screened from view of neighboring uses and abutting residential zoning districts and public rights -of -way. b. Storage area is fenced in an appropriate manner. C. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.H of this Ordinance. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. 2. Transmission towers/radio, television and other similar towers over forty-five (45) feet in height and less than two hundred (200) feet in height provided that: a. Any alteration of an existing use (i.e., tower expansion, change/intensification of use, etc.) involving items not identified • s-a City of Lino Lakes - Zoning Ordinance upon initial approved plans shall require a conditional use permit amendment. b. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site. C. All antenna shall be in compliance with all City building and electrical code requirements. d. Structural design, mounting and installation of the antenna shall be verified and approved by a professional engineer. e. When applicable, written authorization for antenna erection shall be provided by the property owner. f. No advertising message shall be affixed to the antenna tower. g. The height of the antenna shall be the minimum necessary to function satisfactorily. h. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. i. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. j. If a new antenna tower is to be constructed, it shall be designed so as to accommodate other users including but not limited to other cellular communication companies, local police, fire, and ambulance companies. k. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact. I. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. s-s City of Lino Lakes - Zonins Ordinance • 3. Motor fuel stations provided that: 0 a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, -- structure or plantings shall be surfaced with a concrete or bituminous material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed.: f. Wherever fuel pumps are to be installed, pump islands shall be installed. g. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. h. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. i. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. Y. j. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. i 8-6 City of Lino Lakes - Zoning Ordinance s El [J k. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Appendix C of the City Code. Provisions are made to control and reduce noise. M. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. of this Ordinance. n. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 2, Subd. 2. of this Ordinance. o. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 4. Veterinary clinics (with kennels) provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. b. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. C. An animal kennel is permitted as a use accessory to the veterinary clinic provided that: 1) The number of animals boarded shall be determined by the City. 2) An enclosed exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall b odors or organisms will spread be outside air and will be capable of internal air at a rate of at least temperature must be maintained degrees Fahrenheit. designed so that no ween wards or to the completely exchanging twice per hour. Air between 60 and 75 8-7 City of Lino Lakes - Zoning Ordinance • 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals • that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non- porous. 6) Animal wastes shall be flushed down an existing public sanitary sewer system or enclosed in a contained of sufficient construction to eliminate odors and organisms and shall be properly disposed of. d. The appropriate license is obtained from the City Clerk and the conditions of Section 500 of the City Code relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 5. Automobile and truck repair provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. All building materials and construction including those of accessory structures must be in conformance with Section 3, Subd. 4.D. of this Ordinance. C. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. d. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. e. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 8-8 zx++; City of Lino Lakes - Zoning Ordinance I] 1) Exterior wall treatment shall be similar and/or complement the principal building. 2) The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. 3) The trash enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash enclosure must be fully screened from view of adjacent properties. g. Evening and Sunday hours of operation shall be subject to the approval of the City Council. h. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. i. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC, as amended. j. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. k. All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. I. Off-street parking shall be in conformance with Section 3, Subd. 5. of this Ordinance and a loading area or berth shall be provided in conformance with Section 3, Subd. 6. of this Ordinance. M. All conditions pertaining to a specific site are subject to charge when the Council, upon investigation in relation to a form request, finds that the general welfare and public betterment can be served by modifying the conditions. H-9 City of Lino Lakes - Zoning Ordinance 6. Accessory, enclosed retail, rental, or service activity other than that • allowed as a permitted use or conditional use within this section, provided that: a. Such use is accessory and related to the permitted industrial use allowed within the LI District. b. Such use does not constitute more than thirty (30) percent of the gross floor area of the principal building. C. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. City of Lino Lakes - Zoning Ordinance Subd. 2. GI, General Industrial District. A. 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. B. District, Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. One (1) acre. b. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. One hundred (100) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal Building - Local Street. Fifty (50) feet. 2) Principal Building - Collector or Arterial Street. Fifty (50) feet. 3) Parking Lot. Fifteen (15) feet. b. Front Yard. Fifty (50) feet. C. Rear Yard. 1) Principal Building Fifteen (15) feet. 2) Accessory Building_ Ten(10)feet. 3) Parking Lot. Five (5) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot. Ten (10) feet. o, 8-II City of Lino Lakes - ZOnIRQ Ordinance is e. From Residential District. One hundred (100) feet. • f. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. C. Height Regulations. No building in the GI District shall be erected or structurally altered to exceed forty-five (45) feet in height. D. Building Coverage/Green Area. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than ninety (90) percent of the lot area resulting in less than ten (10) percent landscaped area. E. 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 forty (40)feet in depth and shall contain landscaping, planting, berming or other effective screening suitable to provide an effective visual screen. F. Permitted Uses. In the 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. • 1. Any use listed as a permitted use in the Commercial District and Light Industrial District that will not interfere with the proper development of the General Industrial District. 2. Shops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting but not storage yards. 3. Bottling establishments to include beverages such as soft drinks, milk, etc., but not including hazardous or toxic materials. 4. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, by- products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. Examples of such uses are: a. Fabrication or assembly of products such as optical, electronic, pharmaceutical, medial supplies, equipment, clothing, food, etc. • 8-12 City of Lino Lakes - Zoning Ordinance G do H b. Printing and publishing. 5. Building material sales. 6. Carpet and rug cleaning. 7. Laundry, dry cleaning or dying plant. 8. Feed and seed sales. 9. Greenhouses, nurseries. 10. Warehousing, storage and distribution facilities but not motor freight terminals. 11. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses or of the same general character. 12. Contractor storage of equipment and building materials if enclosed within a building. 13. Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 14. Wholesale businesses and offices. 15. Transportation terminals. 16. Radio and television stations. 17. 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 occupants Machine shops. 18. Automobile and truck and repair. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the GI District: 1. None. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the GI District: 8-13 City of Lino Lakes - Zoning Ordinance • 1. Off-street parking as regulated by Section 3, Subd. 5. of this • Ordinance. 2. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance. I. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GI District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Junk yards and auto salvage yards provided that: a. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts, and • public rights -of -way in accordance with Section 3, Subd. 4.S. • d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval by the City Engineer. e. All signing and informational or visual communication devices shall be in compliance with the applicable provisions of Appendix C of the City Code. f. Provisions are made to control and minimize noise, air and water pollution. g. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 2. Wood pulp and fiber manufacture and processing provided that: a. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. 0 I s-14 City of Lino Lakes - Zoning Ordinance b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. e. All signs and informational or visual communication devices shall be in compliance with the applicable provisions of Appendix C of the City Code. -- - f. Provisions are made to control and minimize n-oise, air, and - water pollution. g. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare or public betterment can be 0 served as well or better by modifying the conditions. 3. Refuse/garbage collection business provided that: a. No refuse or garbage shall be stored or in any way disposed of on the site. b. The storage of refuse or garbage in the front yard shall be prohibited. C. Vehicle parking and storage areas are screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Vehicle parking/storage areas shall be hard surfaced with a bituminous material with curb and gutter to control dust and shall be screened from view of neighboring uses and public rights -of - way. e. The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis. 8-15 City of Lino Lakes - Zoning Ordinance f. One (1) off-street parking space shall be provided for each . commercial vehicle operated by the business. Parking • requirements will otherwise be as mandated by the provisions of Section 3, Subd. 5. of this Ordinance. g. All in bound and out bound trucks and equipment, excluding employees personal vehicles, shall be restricted to designated routes established by the City, except for times when providing collection service to customers within the City limits. h. The hours of operation shall be limited as necessary to minimize the effects of nuisance factors such as traffic, noise, and glare upon any existing neighboring residential uses, or residential zoning districts. i. All signing and informational or visual communication - - devices shall be compliance with the applicable provisions of Appendix C of the City Code. j. Provisions shall be made to control and minimize noise, air and water pollution. k. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 4. Crude oil, gasoline or other liquid storage tanks provided that: a. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. e. All crude oil, gasoline or other liquid storage tanks shall be • located in the rear yard not less than twenty-five (25) feet from any City of Lino Lakes - Zoning Ordinance property boundary lines. No tanks shall be permitted in the front yard or side yard abutting public rights -of -way. f. Storage tanks shall be surrounded by twenty-five (25) feet of open area. Storage of any kind is prohibited in said open area, except equipment incidental to the storage tank. Approved parking must be set back ten (10) feet from any storage tank. g. Storage tanks shall be set back from existing structures, as outlined in the Fire Code, based on tank size. h. Storage tanks shall not interfere with site circulation, including but not limited to, parking, driveway, curb cuts and loading area. i. A wire weave/chain link security fence shall be required around all storage tanks. The location of said fence shall be as per the Uniform Fire Code. j. Storage sites shall be accessible by service and emergency vehicles. k. All filling valves of the storage tanks shall be enclosed and have locking devices. I. A warning sign shall be required for every tank and shall be placed in a conspicuous location, directly on the tank indicating a supplier's name, address, phone number, that highly flammable and dangerous material is stored therein, and that no smoking requirements must be observed or a sufficient warning to that effect. Said signage may not exceed four (4) square feet nor may it be used for advertising purposes. M. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. n. Provisions shall be made to control and minimize noise, air and water pollution. o. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 8-17 City of Lino Lakes - Zoning Ordinance 5. Manufacture of materials, including but not limited to, rubber, corrosive acids, petroleum and chemical products, which pose potential is health and safety risks and which when produced give off potentially noxious odors provided that: a. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. e. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. • f. Provisions are made to control and minimize noise, air and water pollution. g. Exterior liquid storage tanks shall comply with the following: 1) All propane or LP gas outdoor storage tanks shall be located in the rear yard not less than twenty-five (25) feet from any property boundary lines. No tanks shall be permitted in the front yard and side yard abutting public streets. 2) Storage tanks shall be surrounded by twenty-five (25) feet of open area. Storage of any kind is prohibited in said open area, except equipment incidental to the storage tank. Approved parking areas must be set back ten (10) feet from any storage tank. 3) Storage tanks shall be set back from existing structures, as outlined in the Uniform Fire Code, based on tank size. 8-18 City of Lino Lakes - Zoning Ordinance 4) Storage tanks shall not interfere with site circulation including, but not limited to, parking, driveway, curb cuts and loading areas. 5) A wire weave/chain link security fence shall be required around all storage tanks. The location of the fence shall be as per the Uniform Fire Code. 6) Storage sites shall be accessible by service and emergency vehicles. 7) All filling valves of the storage tanks shall be enclosed and have locking devices. 8) A warning sign shall be required for every tank and shall be placed in a conspicuous location directly on the tank indicating a supplier's name, address, phone number, that highly dangerous and flammable material is stored therein and that no smoking requirements must be observed or a sufficient warning to that effect. Said signage may not exceed four (4) square feet nor may it be used for advertising purposes. h. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 6. Automobile service/motor fuel stations provided that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a concrete or 8-19 City of Lino Lakes - Zoning Ordinance bituminous material to control dust and drainage which is subject to • the approval of the City Engineer. ' d. A drainage system subject to the approval of the City Engineer shall be installed. e. Wherever fuel pumps are to be installed, pump islands shall be installed. f. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. g. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S. of this Ordinance. - h. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. • i. All signing and informational or visual communication • devices shall be minimized and shall be in compliance with Appendix C of the City Code. Provisions shall be made to control and reduce noise. k. No outside storage except as allowed in compliance with Section 3, Subd. 4.R. of this Ordinance. I. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 2, Subd. 2. of this Ordinance. M. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. n. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 0 7. Open and outdoor storage as an accessory use provided that: s-2o City of Lino Lakes - Zoning Ordinance a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right-of-way. C. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. 8. Truck freight transfer stations provided that: a. Vehicular access points shall be located along roadways having sufficient capacity to accommodate the traffic generated by the use and subject to the approval of the City Engineer. b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. d. Each light standard base shall be landscaped. e. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. f. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. g. Provisions shall be made to control and minimize noise, air and water pollution. h. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 9. concrete product plants, building materials production and similar uses provided that: 8-21 City of Lino Lakes - Zoning Ordinance • a. All applicable Minnesota Pollution Control Agency • requirements are satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. C. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. e. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. f. Provisions shall be made to control and minimize noise, air and water pollution. g. All conditions pertaining to a specific site are subject to • change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. 10. Transmission towers/radio, television and other similar towers over forty-five (45) feet in height and less than two hundred (200) feet in height provided that: a. Any alteration of an existing use (i.e., tower expansion, change/intensification of use, etc.) involving items not identified upon initial approved plans shall require a conditional use permit amendment. b. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site. C. All antenna shall be in compliance with all City building and electrical code requirements. d. Structural design, mounting and installation of the antenna • shall be verified and approved by a professional engineer. • s-22 City of Lino Lakes - Zoning Ordinance M e. When applicable, written authorization for antenna erection shall be provided by the property owner. f. No advertising message shall be affixed to the antenna tower. g. The height of the antenna shall be the minimum necessary to function satisfactorily. h. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. i. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. j. If a new antenna tower is to be constructed, it shall be designed so as to accommodate other users including but not limited to other cellular communication companies, local police, fire, and ambulance companies. k. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact. I. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. 11. Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this section, provided that: a. Such use is accessory and related to the permitted industrial use allowed within the LI District. b. Such use does not constitute more than thirty (30) percent of the gross floor area of the principal building. C. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. City of Lino Lakes - Zoning Ordinance ® SECTION 9. SPECIAL DISTRICTS Subd. 1. PSP, Public and Semi -Public District. A. Purpose. This district is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve the following functions. 1. To provide the community with properly located schools, colleges, and health institutions. 2. To provide the community with properly located public services and utilities. 3. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. 4. To relate public and semi-public locations with thoroughfare system. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. One (1) acre. b. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Wdth. One hundred fifty (150) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Local Street. Fifty (50) feet. 2) Collector or Arterial Street. Fifty (50) feet. b. Front Yard. Fifty (50) feet. C. Rear Yard. Building. 1) Principal Q Thirty (30) feet. 9-1 City of Lino Lakes - Zoning Ordinance is 2) Accessory Building. Ten(10)feet. • 3) Parking_Lot/Driveway. Ten (10) feet. d. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot/Driveway. Five (5) feet. C. Height Regulations. No building in the PSP District shall be erected or structurally altered to exceed forty-five (45) feet in height. D. Building Coverage. The maximum amount of a site which may be covered by buildings is thirty-five (35) percent. E. Green Area. The minimum site area to be left to open space, yard, and/or landscaped area is thirty-five (35) percent. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of this Ordinance: 1. Farms, farmsteads and farming. G. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the PSP District: 1. Accessory uses customary and incidental to the uses permitted in Section 9, Subds. H and I of this Ordinance. 2. Parks, playgrounds, or athletic fields. 3. Off-street parking and loading areas. H. Permitted Uses. In the 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 or more of the following uses. . 1. Clinics, rest homes, nursing homes. • 9-2 City of Lino Lakes - Zoning Ordinance 2. All public buildings for municipal government, such as City Hall, water works, sewage plant, police, fire, etc. 3. Public parks and recreation facilities, golf courses. 4. Cemeteries. 5. All public buildings for county and state government. Conditional Uses. The following conditional uses may be allowed in the PSP District, subject to the provisions of Section 2, Subd. 2. of this Ordinance. 1. All schools (public and private) provided that: a. Side yards shall be double that required for the district, but no greater than thirty (30) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the site or on lots directly abutting, directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. e. The provisions of Section 2, Subd. 2. of this Ordinance are considered and determined to be satisfied. 2. Hospitals provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 3, Subd. 4.S. of this Ordinance. b. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled in compliance with ® Section 3, Subd. 4.S. of this Ordinance. 9-3 City of Lino Lakes - Zoning Ordinance • C. The site shall be served by a street having sufficient • capacity to accommodate the traffic generated by the use and subject to the approval of the City Engineer. d. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. e. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. f. Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. g. Adequate off-street loading space is provided in compliance with Section 3, Subd. 6. of this Ordinance. h. The provisions of Section 2, Subd. 2. of this Ordinance are considered and determined to be satisfied. t I I �11 City of Lino Lakes - Zoning Ordinance Subd. 2. R-BR, Rural -Business Reserve District. A. Purpose. This district is intended to preserve a rural very low density environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock, gardening, and other traditional rural uses. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular, subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: 1. To control and limit urban sprawl. 2. To conserve land in a viable economic status until such time as the need is present for rezoning to a business use district. 3. To reduce the possibility of rural -urban conflict in both the use of the land and in the extension of utilities and other infrastructure items. 4. To maintain acceptable per capita costs for City services such as snowplowing, road maintenance, and fire and police protection. 5. To define a "trigger mechanism" that will establish a formula for the rezoning of rural -business reserve land to a business use as needed. B. Lot and Yard Requirements. 1. Minimum Lot Size. Ten (10) acres. 2. Minimum Lot Width. Three hundred thirty (330) feet. 3. Setbacks. a. Front Yard. Thirty (30) feet. b. Rear Yard. Thirty (30) feet. C. Side Yard. 1) Interior. Ten (10) feet. 2) Corner. Thirty (30) feet. 9-s City of Lino Lakes - Zoning Ordinance • C. Minimum Floor Area Requirements. The minimum outside dimension and • floor area for single family dwellings shall be as follows: 1. Rambler. a. Three Bedroom. One thousand fifty (1,050) square feet. b. Two Bedroom. Nine hundred eighty (980) square feet. 2. One and one-half Story. Nine hundred eighty (980) square feet. 3. Split Foyer (Foyer, Stairs). Nine hundred eighty (980) square feet. 4. Two Story. Eight hundred fifty (850) square feet. D. Height Regulations. No building in the R-BR District shall be erected or structurally altered to exceed thirty five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. E. Permitted Uses. In the R-BR 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. 0 1. Single family detached dwellings. 2. Agriculture, gardening and sod farming. 3. Temporary stands for the sale of agricultural products produced on the premises. 4. Stock raising, dairying, and stables in accordance with Section 503 of the City Code. 5. Commercial greenhouses and nurseries. 6. Home occupations as provided for in Section 3, Subd. 10 of this Ordinance. 7. Public parks. 8. Golf courses and driving ranges. 9. Day care nurseries (fourteen (14) or fewer persons). . 9-6 City of Lino Lakes - Zoning Ordinance ® 10. State licensed residential care facility serving six (6) or fewer persons. 11. Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 12. Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the City. F. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-BR District and are governed by Section 2, Subd. 3. of this Ordinance: G Ll 0 H 1. Home extended businesses. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the R-BR District: 1. Operation and storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. 2. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance. 3. Swimming pools, tennis courts and other recreational vehicles which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 4. Tool houses, sheds and similar buildings for storage of domestic and farm supplies, and non-commercial recreational equipment. 5. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks. 6. Signs as regulated by Appendix C of the City Code. 7. Fences. 8. Accessory apartments as regulated by Section 3, Subd. 10 of this Ordinance. Conditional Uses. The following are conditional uses in the R-BR District: 9-7 City of Lino Lakes - Zoning Ordinance • 1. Public and private airports provided that: • a. The applicable provisions of Section 9, Subd. 4. of this Ordinance relating to airport zoning are satisfactorily met. b. All applicable requirements of the _Federal Aviation Administration (FAA), Minnesota Department of Transportation (MnDOT), and Metropolitan Airports Commission (MAC) are satisfactorily met. 2. Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care and similar uses provided that: a. The applicable provisions of Section 500 of the City Code relating to the keeping of animals are determined to be satisfied. 3. Animal feedlots exceeding three hundred (300) animal units provided that: a. All applicable regulations of the Minnesota Pollution Control Agency (MPCA) are complied with. b. The applicable provisions the City Code relating to the keeping of farm animals are determined to be satisfied. C. Manure ponds must be fenced or screened in a manner that prevents trespass. 4. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. C. Adequate off-street parking and access is provided on the • • site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this 9-8 City of Lino Lakes - Zoning Ordinance Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. 5. Transmission towers/radio, television and other similar towers over forty-five (45) feet in height and less than two hundred (200) feet in height provided that: a. Any alteration of an existing use (i.e., tower expansion, change/intensification of use, etc.) involving items not identified upon initial approved plans shall require a conditional use permit amendment. b. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site. C. All antenna shall be in compliance with all City building and ® electrical code requirements. d. Structural design, mounting and installation of the antenna shall be verified and approved by a professional engineer. e. When applicable, written authorization for antenna erection shall be provided by the property owner. f. No advertising message shall be affixed to the antenna tower. g. The height of the antenna shall be the minimum necessary to function satisfactorily. h. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. i. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. j. If a new antenna tower is to be constructed, it shall be designed so as to accommodate other users including but not 9-9 City of Lino Lakes - Zoning Ordinance • limited to other cellular communication companies, local police, fire, and ambulance companies. k. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact. I. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. 6. Day care facilities (exceeding fourteen (14) persons) provided that: a. Such day care facility has access to adequate private sewer and water to protect the health and safety of all persons who occupy the facility. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the • applicable provisions of Section 3, Subd. 4.S of this Ordinance. C. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 7. Wild game farms and gun clubs provided that: a. The principal use, function or activity is open, outdoor in character and the site contains a minimum of 100 acres. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. C. Any operation involving the discharge of firearms shall comply with Section 504 of the City Code. d. When abutting a residential use and a residential district, the property is screened and landscaped in compliance with Section 3, Subd. 4.S. of this Ordinance. • • 0 8. Commercial sports arenas, provided that: . City of Lino Lakes - Zoning Ordinance a. All events and activities are conducted within the principal building. b. The facility is provided adequate private on -site sewer and water facilities of sufficient size to accommodate the occupancy capacity of the arena. _ C. Side yard setbacks shall not be less than fifty (50) feet. d. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. e. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of this Ordinance. f. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. Rezoning (Trigger Mechanism). Land in the R-BR District shall be rezoned by the City upon request and demonstration that the adjacent business zone located at County Road 14 and 1-35E has developed twenty-five (25) percent of its buildable area. Rezoned land shall be adjacent to the existing business district and shall extend from south to north in quarter mile increments. From that point on, rezoning shall be initiated whenever the corridor has an inventory of buildable land of no more than two hundred (200) acres. J. Impact on Adjoining Property. To protect the rural nature of the R-BR District, no activity in the adjacent business zoning district shall result in the following: 1. Loud, boisterous, and disturbing noise levels. 2. Hazardous traffic conditions. 3. Offensive, obnoxious, and disturbing odors. 4. Excessive litter. ® 5. Excessive artificial lighting. ME City of Lino Lakes - Zoning Ordinance • 6. An other condition inconsistent with the reasonable • Y use and enjoyment of adjoining property and inconsistent with the health, safety, and general welfare of the adjoining community. 4) 0 0 ft O- i City of Lino Lakes - Zoning Ordinance ® Subd. 3. PDO, Planned Development Overlay District. A. Purpose. The intent of the PDO District is to permit greater flexibility and, consequently, more creative and imaginative design of the development of residential, commercial or industrial 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 height level of urban amenities, and preservation of natural scenic qualities of open space. B. Permitted Uses. Any use permitted in the existing district where the PDO is proposed shall be permitted in a PDO subject to the criteria established in Section 2, Subd. 5. of this Ordinance. Additional 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 development plan pursuant to the procedural and regulatory provisions hereinafter set forth. C. Procedures for Application and Review. 1. Pre -Application Conference. It is the responsibility of each applicant to confer with the City Planner and interested staff members in connection with the preparation of the planed 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 schematically by sketch plans, are to be considered before submission of the planned development application. Thereafter, the City Planner shall furnish the applicant with his/her written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his/her preparing the components of the planned development application. 2. 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: a. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. b. A statement of planning objectives to be achieved by the PDO through the particular approach proposed by the applicant. ® This statement should include a description of the character of the M City of Lino Lakes - Zoning Ordinance • proposed development and the rationale behind the assumptions . and choices made by the applicant. C. A development schedule indicating the approximate date when construction of the planned development or stages thereof can be expected to begin and be completed. _ d. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development, such as land areas, dwelling units, etc. e. 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 non-residential construction (including a separate figure for commercial or institutions facilities); economic feasibility studies or market analysis where necessary; and other studies as required by the review authority. f. The existing site conditions including contours at two (2) foot • intervals, water course, floodplains, unique natural features, forest • cover, and all trees over eight (8) inch caliper measured one foot above the ground. g. Proposed lot lines and plot designs. h. The approximately 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 non-residential structures, including commercial facilities. Architectural renderings of typical structures and improvements sufficient to relay the basic architectural intent of the proposed improvements. i. 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, recreational areas, school sites, and similar public and semi-public use. j. The existing and proposed circulation system or 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 9-1-1 City of Lino Lakes - Zoning Ordinance development). Notations of proposed ownership - public or private - should be included where appropriate. k. The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, indicating proposed treatments of points of conflict. The existing and proposed pedestrian circulation system. M. A general landscape, lighting, and drainage plans including general site improvements and plants (in schematic form). n. Enough information on land areas adjacent to proposed PDO to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape. o. The proposed treatment of the perimeter of the PDO including materials and techniques used such as screens, fences, and walls. p. 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. q. Any additional information as required by the review authority necessary to evaluate the character and impact of the proposed PDO. 3. Application Submission. The request shall be considered officially submitted and the application approval time line commences when all the informational requirements are complied with. 4. Public Hearing. The public hearing for concept approval shall be placed on the agenda of the first possible Planning Commission meeting occurring thirty (30) days from the date of submission of the application. All property owners within six hundred (600) feet (public right-of-way shall not be included in such measurement) of the subject property shall be notified of this hearing, as listed in the records of the City Assessor, although the failure of any property owner to receive such notification shall not invalidate the proceedings. Notification shall be by mail to all such is property owners, shall be given at least ten (10) days in advance of the 9-1� City of Lino Lakes - Zoning Ordinance • hearing, and may include a larger geographic area if deemed advisable by . the Zoning Administrator. 5. City Council Action. Pursuant to Minnesota Statutes 15.99, as may be amended, an application for a general plan of development shall be approved or denied within sixty (60) days from the dale of its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision -making period an additional sixty (60) days unless this limitation is waived by the applicant. 6. Final Development Plan. a. This stage finalizes the design specifies of the preliminary development plan and allows review of any additional items. The plan should be submitted for final review before the Planning and Zoning Board through the City Planner 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 and Zoning Board will take formal action on the plan • and send it onto the City Council. b. 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: 1) Proposed name of development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the County). 2) 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. 3) 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. 4) Location, designation and total area of all common is open space. 9-16 City of Lino Lakes - Zoning Ordinance 5) Proposed lots and blocks, if any, and numbering system. 6) Detailed sketches and provisions of proposed landscaping. 7) Grading and drainage plans for the developed PDO. 8) Any other information that may have been required by the Planning and Zoning Board or City Council in conjunction with the approval of the general concept plan. 9) A final tabulation indicating the number of residential dwelling units and expected population. 10) 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, supermarket). 11) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings. 12) 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. 13) 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 construction and as permanent measures. 7. Processing Fees. At the time of formal application for a PDO, the developer shall pay a filing fee to help defray the cost of review. The amount of such fee shall be determined by City Council resolution. 8. Ownership. A tract of land to be developed as a planned development shall be under the control of: a. A sin40 gle owner; or 9- 1 7 City of Lino Lakes - Zoning Ordinance b. 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. 9. Enforcement. If no construction has begin in the PDO within twelve (12) months from the approval of the PDO and recording of documents, said approval shall lapse and be of no further effect. The Planning and Zoning Board, upon showing of good cause by the developer, may extend for period(s) of twelve (12) months, the time for beginning construction. D. Substantive Criteria for Review and Approval. 1. Densily. The average density of the PDO shall not be greater than that which applies to the existing zone where the PDO is proposed as established in this Ordinance. • 2. Minimum Open Space. Ten (10) percent of total parcel area. a. A minimum of thirty-five (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.) b. All Common Open Space. At the election of the City, all common open space shall be provided for by one of the following: 1) Conveyed to the City or conveyed to a non-profit corporation or entity established for the purpose of benefiting the owners. 2) 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. 3. Height, Setback, and Lot Coverage Regulations. All such restrictions shall be waived in development of a PDO except along the perimeter of the development as long as the project is in compliance with iaverage density and open space provisions of this Ordinance. PDO perimeters can be established by applying the setback requirements of 9-18 E, City of Lino Lakes -Zoning Ordinance the surrounding district or can be related to the height of the buildings within the PDO. 4. Environmental Design. a. Environmental design considerations shall be incorporated into the PDO process by requiring existing natural amenities and landscaping and a proposed landscaping plan to be submitted during the review process. b. The general landscaping plan submitted during the preliminary development plan phase shall be followed by a detailed landscaping plan, showing the spacing, size, and specific types of landscaping material. 5. Traffic Circulation. a. 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 the PDO shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. b. The proposed PDO 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. 6. Parking Standards. Parking standards for the PDO 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. 7. Public Services. a. A PDO shall not create a demand for public service which exceeds that which is normally provided in the zoning district of the proposed PDO. b. 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 PDO. These improvements shall be constructed in advance of the approval of the final plan, or at the election of the City, escrow 9-19 0 City of Lino Lakes - Zoning Ordinance 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. 8. Non -Residential Structures. Non-residential uses, limited to those specifically approved by the Planning and Zoning Board, are permitted in a planned development provided that such uses primarily are for the service and convenience of the residents of the development. q_ 10 City of Lino Lakes - Zoning Ordinance Subd. 4. AZO, Airport Zoning Overlay District. A. 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, and Approach Zone, and whose locations and dimensions are as follows: a. Primary Zone. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending two hundred (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 two hundred fifty (250) feet. b. , Horizontal Zone. All that land which lies directly under an imaginary horizontal surface one hundred fifty (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 (01 adjacent arcs by lines tangent to those arcs. The radius of each arc is six thousand (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 twenty (2) to one (1) for a horizontal distance of four thousand (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 twenty (20) to one (1). The approach surface expands uniformly to a width of two thousand five hundred (2,500) feet at a distance of ten thousand (10,000) feet to the periphery of the conical surface. 2. Height Restrictions. Except as otherwise provided inth is Ordinance, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed 9-2 1 City of Lino Lakes - Zoning Ordinance to grow in any airspace zone so as to project above any of the imaginary • • airspace surfaces described in Subd. 4.A.1. hereof. When an area is x covered by more than one height limitation, the more restrictive imitations shall prevail. 3. Boundary Limitations. The City may regulate_ the location, size and use of building and the density of population in that portion of an airport hazard area under the approach zones for a distance not exceeding two (2) miles from the airport boundary and may regulate height restriction zoning for a distance not to exceed one and one-half (1- 1/2) miles beyond the perimeter of the airport boundary. B. 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 be hazardous to the operational safety of aircraft operating to and from the airports located in the City of Lino Lakes, 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 hereby created and established the following land use safety zones: • a. Safety Zone A. All land in that portion of the approach zones of a runway, as defined in Section 9, Subd. 4.A.1.a. hereof, which extends outward from the end of primary surface a distance equal to two-thirds (2/3) 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 Section 9, Subd. 4.A.1.a. hereof, which extends outward from Safety Zone A distance equal to one-third (1/3) 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 Section 9, Subd. 4.A.1.b. hereof, and which is not included in Safety Zone A or Safety Zone B. 2. Use Restrictions a. General. Subject at all times to the height restrictions set forth in Section 9, Subd. 4.A., no use shall be made .; • of any land in any of the safety zones defined in Section 9, Subd. q_2? e F, ;'City of Lino Lakes -Zoning Ordinance 4.b., which creates or causes interference with the operations of radio or electronic facilities on the airport of with radio or electronic 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, take off, or maneuvering of aircraft. Ce b. Zone A. Subject at all times to the height restrictions set forth in Section 9, Subd. 4.A., areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines, or other similar above ground land uses 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 (non -spectator), cemeteries, vehicle parking lots, and single family dwellings. C. Zone B. Subject at all times to the height restrictions set forth in Section 9, Subd. 4.A., areas designated as Zone B shall be restricted in use as follows: 1) Each use shall be on a site whose area shall not be less than one (1) acre. 2) 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 semi-public assembly. d. Zone C. Zone C is subject only to height restrictions set forth in Section 9, Subd. 4.A.1.b. 9-23 City of Lino Lakes - Zoning Ordinance Subd. 5. S, Shoreland Overlay District. • • A. Application. In addition to the various provisions of this Ordinance, all applicable requirements of Appendix H of the Lino Lakes City Code relating to shoreland management shall be considered and determined to be satisfied. The S, Shoreland Overlay District shall be applied to and superimposed (overlaid) upon all zoning districts, as identified in Section 4, Subd. 1.A.1-5.b. of this Ordinance as existing or amended by the text and map of this Ordinance. • • 9-24 City of Lino Lakes - Zoning ordinance • Subd. 6. FP, Floodplain Overlay District. A. Application. In addition to the various provisions of this Ordinance, all applicable requirements of Ordinance 88 of the City of Lino Lakes relating to floodplain management shall be considered and determined to be satisfied. The'- FP, Floodplain Overlay District shall be applied to and superimposed (overlaid) upon all zoning districts as identified in Section 4, Subd. 1.1 1-5,.b. of this Ordinance as existing or amended by the text and map of this Ordinance. The FP, Floodplain Overlay District shall be established based upon the specific information contained in the Flood Boundary, Floodway, and Flood 4fturance Rate Maps and the Flood Insurance Study for the City of Lino Lakes. • 17J 0 City of Lino Lakes - Zoning Ordinance Section 10. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 14th day of July, 1997. 4JonLanders, Mayor` ATTEST - Mari n G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing ordinance was duly offered by Council Member Kuether and supported by Council Member Neal and upon vote 0being takenl thereon, the following voted' in favor- Bergeson, Lyden, Landers, Kuether, Neal • The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. 9-26