Loading...
HomeMy WebLinkAbout06/09/2021 P&Z Packet CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, June 9, 2021 6:30 p.m. Council Chambers Please be courteous and turn off all electronic devices during the meeting. AGENDA 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: May 12, 2021 5. OPEN MIKE 6. ACTION ITEMS A. PUBLIC HEARING: 426 Pine Street oo Conditional Use Permit for Commercial Stables oo Variance for Number of Animal Units B. PUBLIC HEARING: Conditional Use Permit for Open and Outdoor Storage at 2300 Main Street(Glamos Wire, Inc.) 7. DISCUSSION ITEMS A. Zoning Ordinance Update Discussion-General Provisions, Kendra Lindahl, Landform B. Project Updates 8. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: oo Please address the meeting chair. oo State your name and address for the record. oo Please observe a 4-minute limit. oo The topic must relate to city business. oo Open Mike is for items not on the agenda. oo A spokesperson must represent a group of five or more—groups will have 8 minutes. oo The Presiding Officer may limit duplicative presentations. oo Remember,the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: oo The Presiding Officer (Chair or Vice-Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. oo Staff will present their report on the proposal. oo Board members will then ask City Staff questions about the proposal. oo The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. oo After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. oo The Board will then discuss the proposal. No further public comments are allowed. oo The Board will then make a recommendation(s)and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. CITY OF LINO LAKES PLANNING& ZONING BOARD MINUTES DATE: May 12, 2021 TIME STARTED: 6:31 P.M. TIME ENDED: 7:54 P.M. MEMBERS PRESENT: Paul Tralle (Chair), Michael Root, Perry Laden, Jeff Reinert,Nathan Vojtech, Isaac Wipperfurth MEMBERS ABSENT: Neil Evenson STAFF PRESENT: Michael Grochala,Katie Larsen,Kelsey Gelhar, Janele Waterman,Jessica Eller I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:31 p.m. on May 12, 2021. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was approved as presented. IV. APPROVAL OF MINUTES: Mr. Reinert made a MOTION to approve the April 14, 2021 meeting minutes. Motion was supported by Mr. Laden. Motion carried 5 —0. Chair Tralle abstained. V. OPEN MIKE Chair Tralle declared Open Mike at 6:33 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by Mr. Wipperfurth. Motion carried 5 —0. Chair Tralle abstained. VI. ACTION ITEMS A. Nadeau Acres 2°a Addition Final Plat DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 2 Ms. Larsen, City Planner, presented the staff report. The applicant, BL Holdings, LLC, submitted a final plat land use application for Nadeau Acres 2nd Addition. The R-1, Single Family residential development has a total of 68 lots. The 2nd Addition final plat contains 33 lots. Staff recommended approval of the final plat for Nadeau Acres 2nd Addition subject to conditions listed in the staff report. Applicant's Comments Chair Tralle asked Mr. Olson how the first addition is going. Mr. Olson said it is going well. He commented that sales have been really good through the winter and builders are looking forward to having lots available by the end of the summer. Chair Tralle asked Mr. Olson if he had any comments for the board. Mr. Olson said no. He noted that staff have worked very well with them and are pleased with how they handle things. Board Comments x 4 Mr. Laden asked how many phases there are in this development. Ms. Larsen stated that this is the final phase of a two phase development. Mr. Reinert asked if the internet and broadband infrastructure will go in with this development. Ms. Larsen commented that all of the private utilities will go in now. Ms. Larsen asked Mr. Olson who the internet and cable provider will be for this development. Mr. Olson stated that it is Comcast. Mr. Root made a MOTION to recommend approval of the final plat for Nadeau Acres 2nd Addition subject to conditions listed in the staff report. Motion was supported by Mr. Reinert. Motion carried 5 —0. Chair Tralle abstained. VII. DISCUSSION ITEMS A. Zoning Ordinance Update Discussion by Kendra Lindahl,Landform Ms. Kendra Lindahl, Landform,presented an overview of the zoning ordinance update process. The Planning and Zoning Board and the City Council will have DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 3 several opportunities to provide feedback on the ordinance updates at different points in the process. The work plan includes seven P&Z Board meetings and three Council work sessions leading up to Council adoption in April 2022. The discussion of the Planned Unit Development(PUD) standard is the first step in the Zoning Ordinance update. Board Comments Mr. Reinert agreed that PUD's work well in Lino Lakes. He stated too much flexibility in PUD's can result in developments that don't resemble the vision for the City. He stated he is in favor of some minimum requirements that won't turn an 80- foot lot into a 45-foot lot. Mr. Root stated that the way it is currently written it is essentially a negotiated zoning designation. He stated that he thinks this is to loose. He would like to implement a more direct connection between the underlying zone and what is allowed for negotiation in a PUD. He argued for having the underlying zone in addition to a PUD zoning overlay. This creates a better connection between the two. Mr. Root noted that he thought cluster zoning in rural areas is a good idea that can lead to more continuous open space. He suggested that there be some specific standards for that as well. Mr. Root also stated that it should become a requirement that the property owner/applicant hold a neighborhood meeting for informal comment and feedback. Mr. Reinert asked Mr. Root for a specific example of what a PUD overlay would look like. Mr. Root explained that he is most familiar with specific lot widths and areas. The overlay district would be more specific to each individual property. Mr. Reinert commented that previously it had been discussed that lot sizes be set at a certain size and disregard the shape of the lot in order to allow flexibility while maintaining integrity. Ms. Larsen stated that Marketplace is an example of an existing PDO. Mr. Laden commented that he agreed with Mr. Root that the overlay district is a good direction to explore. He also concurred that the City should require the property owner/applicant to a hold neighborhood meeting before submitting a formal concept application. He asked staff if there are any examples where a PUD was done as a CUP. He stated that he wants to make sure that we are not eliminating something that has been useful. Additionally, he commented that he wants to make sure that the open space we are preserving is useable land and not unbuildable just so the developer can get smaller lots. DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 4 Mr. Grochala stated that the City could require a yield plan based on the standard zoning of that particular area as well as the PUD plan. He stated that this would allow us to compare and contrast what the differences are. Ms. Larsen stated that she could not think of any specific examples of a PUD that was done as a CUP, potentially a commercial project. Mr. Laden asked Ms. Larsen to investigate whether any commercial projects have been done with a PUD/CUP combination. He reiterated that he did not want to eliminate something that might incentivize business. He commented that he was not in favor of minimum standards for a PUD. The City retains the option to deny a PUD therefore does not need to put any minimum requirements on them. Mr. Reinert commented that we can always allow a PUD to go beyond the parameters if it is a great development. Having minimum standards communicates to developers what the City wants. He stated we want standards that communicate to developers the integrity and culture of the City. Mr. Root argued that we do communicate to developers what kinds of developments the City wants through the existing zoning code and the PUD's are deviations from that which we are willing to give to benefit the developer in return for something the City gets. He added that the City should use the underlying zoning standards as a baseline and negotiate from there. Mr. Wipperfurth commented that he is all for more flexibility regarding PUD's. He agreed with Mr. Root that the underlying zoning standards should be the baseline standard. He also agreed that the neighborhood meeting is a good idea. Mr. Vojtech asked if the neighborhood meetings are required is there something we have to formally do with the feedback. Chair Tralle stated currently residents get a chance to voice their opinions. He agreed that it should be a requirement to hold a neighborhood meeting. Mr. Root clarified that the neighborhood meeting is just another mechanism to communicate what the developer is going to do ahead of the public hearing. This is a chance for the developer to listen to concerns and get input and an additional way to communicate their intent to residents. Mr. Vojtech asked how often the City utilizes the incentives for PUD's. Chair Tralle stated these incentives are used quite frequently. Ms. Larsen clarified that they are most often used for lot size flexibility. Chair Tralle asked what is considered open space. DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 5 Mr. Grochala stated that in most cases you get upland that the City wouldn't otherwise preserve. The city is looking for that upland buffer that the City doesn't want to pay for through park dedication but can get through lot flexibility and provide that compromise. Mr. Reinert commented that open space should be considered only buildable property. This will incentivize the developer to not want to shrink lots too much. This will also allow the residents of that development to use that open space. Mr. Laden concurred with Mr. Reinert stating that our goal is to preserve space that otherwise wouldn't be preserved. Mr. Root stated that any open space should be upland and useable by people. He commented that we should not be using wetlands and unbuildable land in exchange for smaller lot sizes because they are not usable, the City would be giving the developer smaller lot sizes for nothing in return. Mr. Wipperf firth commented that there is a trade-off. If you are going to make the developer give up buildable area the lot prices increase. The community might be getting more open space but the landowners' prices would be increased. Mr. Laden commented that he has seen some developments where developers put smaller lots in the backyard and call the remainder of the lot conservation land that the owner does not own and can't develop. He commented that what ends up happening is the homeowner treats that conservation area as an extension of their yard. He asks whether there is a way to eliminate this practice from happening. Mr. Reinert commented that if developers are going to shrink a lot and create open space that open space must be the same type of land that they are developing. He stated that this creates a real incentive for developers not to shrink lots too far. Mr. Vojtech commented that he thought the use of incentives to get what the City wants is a fantastic idea. This is just one more tool to shape the City the way we want. Mr. Tralle stated that he is not in favor of adding any more incentives for developers. Mr. Reinert clarified stating that if the developer wants to shrink down the lots but to do so would need to leave buildable open space the developer is incentivized to not shrink the lots too much. The developer will not want to leave too much buildable open space undeveloped. Mr. Tralle asked how far from a project a resident is notified. Ms. Larsen stated that a rezoning is 600 feet. DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 6 Mr. Grochala commented that it depends on where the project is located. In a more developed area, more people are notified. Often times the City will go a little further than what is required based on the context of the area. Mr. Vojtech commented that determining how the City utilizes resident feedback should be used to help decide how far the City should notify residents. The more people the City reaches the more feedback we will get. Chair Tralle commented these meetings are informational and should be treated as such. He stated that he did not think that we need to establish minimum standards on lot size because we have the existing zoning code. He stated the PUD's have been working well when using the existing zone standards. He agreed that only buildable land should be considered open space. Mr. Reinert agreed with Chair Tralle that the open space should be buildable land. Ms. Lindahl commented that the board should consider wildlife corridors where upland open space can be next to wetland corridors or other water features. She stated that there is some value to maintaining wetlands and corridors that could be filled by the developer and just making sure that is not counted the same as upland. Mr. Root commented instead of the term "buildable"he preferred using the term useable. V Mr. Laden asked if a developer can fill a wetland if it is in an area that is designated as a wetland corridor in our comprehensive plan. Mr. Grochala stated that they can still impact that area. You can't require the dedication of property, but you can use the PUD to expand and get a bigger piece of that that wetland corridor than you would normally get through straight zoning. He stated there are ecological issues why you may want to preserve something. With our wetland management corridor with Rice Creek we get some buffers automatically but there are instances where you can benefit from some of that open space that might not all be upland. Ms. Larsen stated that Natures Refuge is an example where a PUD was used to bring the lots closer together thus preserving the wetlands. The PUD incentivized the developer to not impact the wetlands, which have value to the City. She agreed with Ms. Lindahl that there is value to allowing open space to be non-upland next to wetland corridors. Mr. Grochala commented that it's a trade-off for useable upland but he doesn't want to rule out that there may be some other ecological values out there that should be preserved. DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 7 Mr. Reinert commented that he wants to make sure the language we use does not create a loophole for developers. Chair Tralle asked the board if there is a consensus regarding creating a minimum standard lot size. Mr. Wipperf firth stated that he thinks the City should continue to use the underlying zoning district standards. He commented that it seems like it has been working and sets a good guideline right from the start. Mr. Reinert commented that he was not in favor of creating a minimum standard lot size. Mr. Laden concurred with not having a minimum standard within the PUD. Chair Tralle stated that he is in favor of not changing the lot sizes as it allows the City more flexibility. Mr. Vojtech commented that he is in favor of having standards but we already have a minimum with the underlying zoning standards. Mr. Grochala asked the board if they have any opinions on rural cluster zoning. The City would like to pull it out of the PUD and make it a permitted option in the rural districts. V Mr. Reinert asked Mr. Grochala to define cluster zoning. Mr. Grochala explained that the Rural PUD is a cluster ordinance that could simply be allowed subject to the clustering and open space standards that currently exist. Those standards allow 4 units per 40 acres (up to 8 per 40 with an MPCA approved shared septic)with a one-acre minimum lot size and requires that 50% of the land area be preserved. Mr. Reinert stated that he is in favor of allowing the Rural PUD to be a permitted option. Mr. Laden stated that if the goal is to get everyone on a community septic system he is in favor of this. Chair Tralle concurred. Mr. Root commented that he is in favor of this. He stated that the main benefits of cluster developments are the collocating of properties and to more efficiently develop and preserve open space. DRAFT MINUTES Planning&Zoning Board May 12,2021 Page 8 Chair Tralle stated that another benefit of cluster zoning is that the septic system is absolutely taken care of where individual septic systems don't always get the care they need. B. Proiect Updates Staff provided verbal updates to the Board on current City projects. VIII. ADJOURNMENT Mr. Reinert made a MOTION to adjourn the meeting at 7:54 p.m. Motion was supported by Mr. Wipperfurth. Motion carried 5 —0. Chair Tralle abstained. Respectfully submitted, Jessica Eller, Community Development Intern DRAFT MINUTES PLANNING & ZONING BOARD AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner P & Z MEETING DATE: June 9, 2021 REQUEST: PUBLIC HEARING for 426 Pine Street oo Conditional Use Permit for Commercial Stables oo Variance for Number of Animal Units CASE NUMBER: CU2021-002 VR2021-003 APPLICANT: Christopher Stowe 426 Pine Street Lino Lakes, MN 55014 OWNER: Same REVIEW DEADLINE: Complete Application Date: May 18, 2021 60-Day Review Deadline: July 17, 2021 Planning &Zoning Board Meeting: June 9, 2021 Tentative City Council Work Session: July 6, 2021 Tentative City Council Meeting: July 12, 2021 BACKGROUND The applicant and property owner, Christopher Stowe, submitted a Land Use Application for a conditional use permit amendment and variance for the commercial stable operations at 426 Pine Street. The conditional use permit amendment is to the previously approved Resolution No. 20-129,No. 20-130 and No. 20-144 and the variance request is to allow for fifty(50) animal units. ANALYSIS History Mr. Stowe owns three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22-0003 and#05- 31-22-22-0005). These parcels shall be referred to as the "Subject Site". The 1 commercial stables operate on the two (2)parcels ending in -0003 and-0005. These parcels shall be referred to as the "Property". These 2 parcels have had several different uses over the years. From the 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. In 2020, the current property owner, Christopher Stowe, was granted a conditional use permit to operate a commercial stable. Previous Council Actions oo 1968: Special Use Permit(SUP) for Riding Stable/Show Arena oo 1997: Conditional Use Permit(CUP) for BMX Track/Arena oo 2020: Resolution No. 20-129 for Conditional Use Permit for Commercial Stables o Allows for maximum of 12.5 animal units without an approved facility management and waste handling plan o Allows for a maximum of 25.0 animal units with an approved facility management and waste handling plan oo 2020: Resolution No. 20-130 for Conditional Use Permit Termination Agreement o This Agreement terminates the 1968 SUP and 1997 CUP. oo 2020: Resolution No. 20-144 Amending CUP Resolution No. 20-129 and No. 20- 130 o This amendment corrected a transposed date from 1986 to 1968. Both the 1968 special use permit and 1997 conditional use permit have expired because the uses have ceased for more than one (1) year(Section 1007.016(2)(k)). The 2020 Conditional Use Permits allow for the current commercial stable operations. Site Plan Review The Property is zoned R-Rural and allows for Commercial Stables with a conditional use permit. Site Plan PID # Existing Land Use Acres 05-31-22-22-0006 Rural Residential 4.30 (Single Family House) 05-31-22-22-0003 Commercial 5.66 (Arena, Accessory Structure &Restrooms) 05-31-22-22-0005 Vacant Rural Residential 15.09 (Horse Corrals and Pasture Area) 725.0 li The applicant owns all 3 parcels ("Subject Site") and lives in the single family home located on PID# 05-31-22-22-0006. Using the City's DatakLink GIS website, the arena is approximately 250ft x 120ft(30,000 sf) and the large accessory structure/barn is 2 approximately 110ft x 50 ft(5,500sf). These are located on PID# 05-31-22-22-0003. The horse corrals and pasture area are located on PID#05-31-22-22-0005. Using the City's DataLink GIS website, wetlands and floodplain are indicated on the Subject Site. Without the benefit of a certificate of survey and using GIS, there are approximately 22 acres of wetland and floodplain on the 25 acre site. The property owner shall work with Rice Creek Watershed District(RCWD), Anoka Conservation District (ACD) and City staff regarding current wetland and floodplain impact violations and restoration requirements. Pine Street and 4th Avenue are major collector roads and have capacity to serve a commercial stable operation. Definitions City Zoning Ordinance Section 1007.058(2) defines Commercial Stable as follows: Commercial Stable. A commercial stable is any structure, barn, or place where the stabling, boarding, training, and feeding of horses takes place. City Zoning Ordinance Section 1007.001(2) defines Animal Unit as follows: Animal Unit. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. Animal Animal Unit Dairy Cattle Mature Cow(1,000 pounds or over) 1.4 Mature Cow(Under 1,000 pounds) 1.0 Heifer .7 Calf .2 Beef Cattle Slaughter Steer or Stock Cow 1.0 Feeder Cattle or Heifer .7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken(Liquid Manure System) .0333 Chicken(Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 Animal Units Allowed on Subject Site Rounded Whole #Animal Units Parcel Acres Allowed Acres (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL M 1 25.05 AL A For parcels zoned R, Rural, Section 1007.080(5)(f) states, "Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres." The property owner could have 12.5 animal units for personal use without a conditional use permit assuming all other regulatory agency requirements can be met. A conditional use permit for commercial stables is required because of the horse riding club and horse boarding being operated on site. With the approved 2020 conditional use permit, a maximum of 12.5 animal units are allowed on the three (3)parcels combined without a facility management and waste handling plan. With the approved 2020 conditional use permit, Section 1007.058(3)(d) allows up to double the animal unit density with an approved facility management and waste handling plan. This would allow for a maximum of 25.0 animal units on the three (3)parcels combined. Section 1007.058 Commercial Stables (3)(c) allows for adjacent parcels of land under common ownership to be used to determine maximum number of animal units allowed, if the parcels are operated as single enterprise. This is why all three (3)parcel acreages of the Subject Site are being used to calculate total number of animal units. The commercial stables operate on the Property(PID # -0003 and -0005). 4 It is important to note that while commercial stables are usually associated with horses, the property owner may have other farm animals such as cows, chickens, goats etc. as long as the total number of animal units do not exceed the approved amount. During the 2020 CUP application process, Mr. Stowe stated the following types and numbers of farm animals were on the Subject Site: Animal # of Animals Animal Unit Total#Animal IL Units Cow (500 pounds) 4 0.5 2 Horse 20 1.0 20 Chickens 20 .003 0.06 TOTAL 22.06 Grading Plan and Stormwater Management Although a grading plan and stormwater management plan is not specifically required for the conditional use permit amendment or variance application, all efforts shall be made to prevent manure waste and runoff from draining into ditches and wetlands. Public Utilities The house and arena are served by private well and septic system. The property owner has provided documentation that the septic system and drain field have been inspected and determined to be in compliance with state requirements and sized for intended use. It should also be noted that any future improvements required for restrooms shall be ADA compliant. Wetlands Wetlands are located on the Subject Site. An approved wetland delineation is not required for the conditional use permit application; however, Rice Creek Watershed District(RCWD)may require one. The property owner shall work with RCWD, ACD and the City regarding the potential need for restoration of the wetlands on the site that were previously filled. The Property shall be in compliance with all City and other regulatory agency requirements or the conditional use permit may be revoked. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained. Floodplain The 2015 DFIRM indicates Zone A floodplain on the Subject Site. No manure bins or manure storage shall be located in the wetlands or floodplain. Accessory Structures 5 During the 2020 CUP application process, Mr. Stowe stated he had three (3) outside horse shelters approximately 1Oft x 20ft each. Per Resolution No. 20-144, the maximum numbers of shelters allowed on the Subject Site is six (6). This would equate to 1,200 sf total (I Oft x 20ft=200sf x 6 shelters = 1,200sf total). The shelters are specific accessory structures associated with the operation of a commercial stable. The property owner's CUP amendment and variance land use application states the property owner owns additional horse shelters over 8,000 sf which exceeds the allowed square footage per the approved 2020 CUP. Per the University of Minnesota Extension website, a 240 sf(12 x 20ft) open-front shelter is ideal for two (2) horses. An additional 60 sf(10 x 6 ft) is required for each additional horse. A zoning or building permit is required for any accessory structure construction. All structures shall meet setback requirements and shall not be located in the front yards of any parcel or in wetlands or floodplain. Signage Per Chapter 10 10: Signs, one sign with a maximum size of 6 square feet placed at least 10 feet from the property line is allowed without a permit. Conditional Use Permit (CUP)Amendment Request Per the Applicant's Narrative Letter, the property owner is seeking the following City approvals: 2. Amended Conditional Use Permit. Applicant seeks issuance of an amended conditional use permit reflecting that fifty(50) animal units may be retained on the Property. Applicant requests that the amended permit excise prior condition number 12, requiring that "PID #05-31-22-22-003 and PID #05-31-22-22-0005 shall be combined with Anoka County." The City Attorney and City staff recommend the conditional use permit (CUP) for the Commercial Stable allow for a maximum of 12.5 animal units or 25.0 animal units on the Subject Site (3 parcels) with conditions as listed at the end of this report. A separate variance could be approved to allow for a maximum of 50.0 animal units. In the event the variance was revoked, the CUP for 12.5 or 25.0 animal units could still be valid if all conditions were being met. This would be to the benefit of the property owner. oo Resolution No. 20-129 and Resolution No. 20-144 Approving A Conditional Use Permit for Commercial Stables at 426 Pine Street Staff recommends voiding these two 2020 resolutions and creating a new conditional use permit resolution to avoid confusion and provide clarity. New conditions of the CUP are listed at the end of this report. 6 oo Resolution No. 20-130 Approving Conditional Use Permit Termination Agreement for 426 Pine Street This resolution required the property owner to sign a Conditional Use Permit Termination Agreement acknowledging the 1968 Special Use Permit and 1997 Conditional Use Permit are void. This agreement is no longer required. Variance Request Per the Applicant's Narrative Letter, the property owner is seeking the following City approval: 1. Variance from Animal Unit Restriction. Applicant is seeking a variance from the Stable Ordinance's animal unit restrictions and the cap of 25 animal units. Applicant is requesting fifty(50) animal units to be kept on the Property. The property owner's Findings of Fact are stated later in this report. Conditions of the variance are also listed at the end of this report. Staff Comments Staff has 3 main areas of concern. 1. Wetlands and Floodplain There are approximately 22 acres of wetlands and floodplain on the 25 acre Subject Site. This limits the amount of upland area to operate a commercial stable, pasture farm animals and properly manage manure waste. MN State rules state that for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non-winter months. A 50 ft wide vegetated buffer from the wetland shall be maintained. Manure shall not be stored or spread in the floodplain. Manure bins and/or manure storage shall be located outside the floodplain. 2. Animal Health Given the limited amount of upland area, staff has concerns regarding the amount of pasture the animals have. Per the University of Minnesota Extension-Horse website, manure should not be spread on pastures with more than 1 horse per 2 acres. 3. Facility Management and Waste Handling Plan Per the University of Minnesota Extension-Horse website, the average 1,000 pound horse produces 56 pounds of manure per day. This equates 1,400 pounds of manure per day for 7 25 horses and 2,800 pounds of manure per day for 50 horses. Due to the large volume of manure potentially produced by 25-50 horses and the limited storage capacity on site due to wetlands and floodplain, a detailed manure management plan is required. The property owner shall work with the Minnesota Pollution Control Agency(MPCA) in creating an approved facility management and waste handling plan. Findings of Fact-Conditional Use Permit The Property is zoned R, Rural and allows for Commercial Stables with a conditional use permit. To avoid confusion, instead of amending the 2020 CUP's staff recommends voiding these and drafting a new clean CUP. Per Section 1007.016(2)(g): 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 the following criteria have been met: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. The Property is guided Urban Reserve and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stable operation. c. Utility(Sewer and Water) Plans. The Property is served by a restroom on a private septic system. The City s utility plans are not impacted. d. Local Water Management Plan. The City s Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good quality stormwater runoff to lakes and wetlands. The Property shall be compliant with the required facility management and waste handling plan and other regulatory agencies requirements. 8 Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The Property shall be in compliance with all City and other regulatory agencies requirements. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained to further protect the water resource. No manure bins or manure storage shall be located in the wetlands or floodplain. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the commercial stable operation. f. Policy Plan. The commercial stable is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City's Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. One goal of the Plan is to identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. The Property is part of the City's greenway corridor and shall be in compliance with all City and other regulatory agency requirements. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained to further protect the natural resource. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables conform to the performance standards of the City Code. 9 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. 5. The proposed development shall be served with adequate and safe water supply. The Property is served by a private well that can serve the commercial stables. 10 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The Property is currently served by a private septic system. The septic system is designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development 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. The commercial stables do not involve uses and activities detrimental to persons or property if properly maintained. The Property shall be in compliance with all City and other regulatory agencies requirements. A waste management plan shall be implemented at all times. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will be protected by vegetated buffers. There are no other known natural, scenic or historic features on the existing site. Specific Conditional Use Permit(CUP) Requirements In addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.058(3) must also be met: § 1007.058 COMMERCIAL STABLES (3) General Standards. The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten(10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in accordance with the state building code, and 11 connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables have a restroom for the public's use that is connected to a private septic system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. Rounded Whole #Animal Units Parcel Acres Allowed Acres (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL 25.05 The three (3)parcels of land are under common ownership and operate as a single enterprise. Ordinance 1007.080(5)69, allows for no more than I animal unit per 2 acres; therefore, no more than 12.5 animal units would be allowed on all three (3)parcels combined. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the Property would be reduced to 10.5. b. Adjacent parcels of land shall not be separated by public right-of-way. The three (3)parcels are not separated by public right-of-way. (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The maximum number of animal units allowed on the Subject Site is 12.5. With an approved facility management and waste handling plan, the maximum number of animal units allowed on the Subject Site is 25.0. 12 If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the Subject Site would be reduced to 21.0. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. Barns, stables and sheds on the property are located more than 300 feet away from the inhabited neighboring dwelling. Findings of Fact-Variance No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. Per the May 11, 2021 Applicant's Variance Narrative Letter, the property owner provides the following findings: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance being sought is in conformance with the general purposes and intent of the ordinance. The City Code, at § 1007.080(1), states the purposes for the rural zoning district. These purposes include: a. To preserve productive land for agricultural use and maintain `open space' within and near to urban areas. c. 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. The Property will continue to be maintained as an open space. The Property will continue to stand as a bulwark against urban sprawl. Moreover, it is noteworthy that for veterinary hospitals (a conditional use in this zoning district)up to forty(40) animals may be boarded on a property irrespective of its size. See City Code § 1007.080(7)(e). Horses boarded on the Property include geriatric and sick horses that receive care beyond that required for ordinary horses. The Property is substantially larger than a veterinary clinic. Staff Comment:A veterinary hospital is allowed up to 40 animals such as dogs and cats; not 40 animal units such as horses and cows. 2. The variance shall be consistent with the comprehensive plan. 13 The variance request is consistent with the City's 2040 Comprehensive Plan("Comp Plan"). Relevant land use goals and policies under the Comp Plan include: a. Goal 7: Sustain Lino Lakes' natural resources which make it such a desirable place to live a. Policy(a): Protect and preserve the natural resources throughout the city. See Comp. Plan Chapter 3, Goals and Policies. Applicant proposes to continue using the Property in a manner that will protect and maintain the natural resources on the site, including its natural wetlands and grasses. Horses will graze the grass and waste generated by the horses will be used as fertilizer. Excess waste, if any, will be removed off site. Horses that may not be desirable to others will be taken of, cared for, well fed, and regularly exercised. Staff Comment: Per the University of Minnesota Extension-Horse website, manure should not be spread on pastures with more than 1 horse per 2 acres. The property owner shall also comply with Rice Creek Watershed District (RCWD) regulations per their March 25, 2021 letter regarding current wetland and floodplain violations. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The City approved the Property's use for boarding and showing horses over fifty years ago. Applicant proposes to use the Arena and boarding structure for the express purposes for which they were approved, constructed, and operated for several decades. The boarding structure alone provides sufficient space to house over fifty(50) horses. Without the additional horses, a large portion of the Arena will go unused. Half the horses that will be maintained on the Property are elderly or ill. These horses require less exercise and a smaller area for exercise. The Arena provides adequate space for these horses. Storing fifty animal units on the Property is a reasonable use of the Property that is not otherwise allowed. Staff Comment:From 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The Property is unique because, for over 50 years, it has retained structures erected for the specific purpose of boarding and showing horses. A prior landowner maintained at least 100 horses on the Property. The Property is also unique in that the City previously granted Applicant's predecessor in title a conditional use permit allowing an unlimited number of horses. Furthermore, the Property is unique in that the landowner owns three 14 contiguous parcels that may all be used in the horse operation. Finally, the Property is unique because the Applicant bought the Property in the good faith belief that it could be used for purposes of horse boarding and showing, per the 1968 SUP, which has never been terminated. Staff Comment.• Both the 1968 special use permit and 1997 conditional use permit have expired because the uses have ceased for more than one (1)year (City Zoning Ordinance Section 1007.016(2)(k) related to Conditional Use Permits). From 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. 5. The variance shall not alter the essential character of the locality. Permitting fifty animal units on the Property will not alter the essential character of the locality. The City has recently granted a CUP for the Property allowing for twenty-five (25)horses. For over fifty(50) years the essential character of the structures on the Property has been for horse-related uses. The incremental increase in horses will be consistent with this character. Staff Comment:From 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance being sought does not change the Property's use. The use of the Property is already the operation of a horse stable. Storing animals is a permitted use in the rural district under the zoning code. City Code § 1007.080(5)(f). 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,when in harmony with the zoning ordinance. This requirement is not implicated by the Application. PLANNING& ZONING BOARD INPUT 1. The approved 2020 CUP allows for 6 portable animal shelters with a combined total of 1,200 s£ The property owner currently has 8,000 sf. Should the CUP and/or variance allow for more portable animal shelters? RECOMMENDATION Staff offers the following conditions for the Planning & Zoning Boards consideration: 15 Conditional Use Permit-Commercial Stables 1. Previously approved Council Resolution No. 20-129,No. 20-130 and No. 20-144 are void and shall be replaced with a new Council resolution. 2. The 1968 Special Use Permit for Riding Stable/Show Arena is terminated. 3. The 1997 Conditional Use Permit for BMX Track/Arena is terminated. 4. The Subject Site consists of three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22- 0003 and#05-31-22-22-0005). 5. The Property consists of two (2)parcels (PID #05-31-22-22-0003 and PID #05-31- 22-22-0005). 6. If either of the two (2) Property parcels are sold or not held under common ownership, the conditional use permit is void. 7. A maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold or not remain under common ownership, the maximum number of allowed animal units on the Subject Site would be reduced to 10.5. 8. A maximum of twenty-five (25.0) animal units are allowed on the Subject Site with an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold or not remain under common ownership, the maximum number of allowed animal units on the Subject Site would be reduced to 21.0. 9. No more than two (2.0) of the 12.5 or 25.0 animal units are allowed on PID #05-31- 22-22-0006. 10. The property owner shall work with the Minnesota Pollution Control Agency (MPCA) in creating an approved facility management and waste handling plan. a. If the facility management and waste handling plan requires off-site storage of manure waste, a written and signed agreement with an off-site property owner shall be submitted to the City annually. i. The agreement shall detail the number of times manure waste will be removed from the site and how much waste will be removed. b. An approved facility management and waste handling plan shall be submitted to the City within six (6)months of Council approval of the conditional use permit. 11. The Conditional Use Permit Council resolution shall be recorded against the Property (PID# 05-31-22-22-0003 and PID # 05-31-22-22-0005)by the City. 12. The Property shall be in compliance with all City and other regulatory agencies requirements. 13. The property owner shall comply with Rice Creek Watershed District(RCWD) regulations per their March 25, 2021 letter regarding current wetland and floodplain violations. a. Compliance shall be required within 6 months of the conditional use permit (CUP) approval or the CUP may be revoked. 14. No manure bins, manure storage or portable animal shelters shall be located in the wetlands or floodplain. 16 15. No manure waste shall be stored or spread within 50 ft of a wetland. a. A 50 ft wide vegetated wetland buffer shall be maintained. 16. No manure shall be spread on pastures with more than 1 horse per 2 acres. 17. Any future improvements required for restrooms shall be ADA compliant. 18. The number of portable animal shelters or loafing sheds on the Property shall be limited to six (6). a. The total combined square footage of the portable animal shelters or loafing sheds shall not exceed 1,200 sf. 19. The Property is subject to City Ordinance Chapter 503, Animal Control Regulations and shall be in compliance at all times. 20. A building permit or zoning permit is required for all future building construction or portable animal shelters. 21. The commercial stable operations shall be contained within the Property. a. Horseback riding in or along any road right-of-way shall be kept to a minimum. b. Animal waste deposited in or along any road right-of-way shall be removed immediately. 22. The City may inspect the Property on an annual basis. 23. Any violations of the conditional use permit or other city, state or regional regulations may result in revocation of the conditional use permit. Variance 1. The Subject Site consists of three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22- 0003 and#05-31-22-22-0005). 2. The Property consists of two (2)parcels (PID #05-31-22-22-0003 and RID #05-31- 22-22-0005). 3. If any of the three (3) Subject Site parcels are sold or not held under common ownership, the variance is void. 4. A maximum of fifty(50.0) animal units are allowed on the Subject Site with an approved facility management and waste handling plan. 5. No more than two (2.0) of the fifty(50.0) animal units are allowed on RID #05-31- 22-22-0006. 6. The property owner shall work with the Minnesota Pollution Control Agency (MPCA) in creating an approved facility management and waste handling plan. a. If the facility management and waste handling plan requires off-site storage of manure waste, a written and signed agreement with an off-site property owner shall be submitted to the City annually. i. The agreement shall detail the number of times manure waste will be removed from the site and how much waste will be removed. b. An approved facility management and waste handling plan shall be submitted to the City within six (6) months of Council approval of the conditional use permit. 7. The Variance Council resolution shall be recorded against the Subject Site parcels by the City. 17 8. The Subject Site shall be in compliance with all City and other regulatory agencies requirements. 9. The property owner shall comply with Rice Creek Watershed District(RCWD) regulations per their March 25, 2021 letter regarding current wetland and floodplain violations. a. Compliance shall be required within 6 months of the variance approval or the variance may be revoked. 10. No manure bins, manure storage or portable animal shelters shall be located in the wetlands or floodplain. 11. No manure waste shall be stored or spread within 50 ft of a wetland. a. A 50 ft wide vegetated wetland buffer shall be maintained. 12. No manure shall be spread on pastures with more than 1 horse per 2 acres. 13. Any future improvements required for restrooms shall be ADA compliant. 14. The number of portable animal shelters or loafing sheds on the Property shall be limited to six (6). a. The total combined square footage of the portable animal shelters or loafing sheds shall not exceed 1,200 sf. 15. The Subject Site is subject to City Ordinance Chapter 503, Animal Control Regulations and shall be in compliance at all times. 16. A building permit or zoning permit is required for all future building construction or portable animal shelters. 17. The commercial stable operations shall be contained within the Property. a. Horseback riding in or along any road right-of-way shall be kept to a minimum. b. Animal waste deposited in or along any road right-of-way shall be removed immediately. 18. The City may inspect the Subject Site on an annual basis. 19. Any violations of the conditional use permit, variance or other city, state or regional regulations may result in revocation of the variance. ATTACHMENTS 1. Site Location &Aerial Map 2. Wetland&Floodplain Map 3. March 12, 2021 Stowe Attorney Letter 4. March 29, 2021 City Attorney Response Letter 5. May 11, 2021 Stowe Attorney Variance Application Letter 18 -PINE ST'NE' PI D#05-31-22-22-0006 PI D#05-31-22-22-0003 4.30 acres a2s 5.66 acres Single Family House Arena, Restroom &Accessory Structure 510 84 392 8383 42s r 834 Q = PI D#05-31-22-22-0005 15.09 acres ; 8340 Corral &Wetlands �s f ""' 403 407 409 431 471 ¢ t 7�4871 $35 581 402 ANDALL ST ' � 1 - N Site Location & Aerial Map W E 0 150 300 600 () I Feet LOGES 426 Pine Street s Wetland & Floodplain Map-426 Pine St `. F y, e�! � ! l Y 1 �• fie. � i"�' 1 in =200 ft Wetlands FEMA Floodplain 0.2 PCT ANNUAL CHANCE FLOOD HAZARD N Zone A A Zone AE October 7, 2020 CITY O F Map Powered By Data Link LINO KES Zone X WSb Larkin Larkin Hoffman Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis,MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 Web: www.larkinhoffman.com March 12, 2021 Katie Larsen Via Email City Planner KLarsen@linolakes.us Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Chris Stowe - 426 Pine Street NE, Lino Lakes, Minnesota Dear Ms. Larsen: This firm represents Chris Stowe, the owner of 426 Pine Street NE ("Property"), in the City of Lino Lakes ("City"). The Property is improved with an approximately 30,000 square foot riding arena ("Arena"), several acres, pasture land, and multiple agricultural buildings. This letter is intended to clarify Mr. Stowe's position regarding the lawful use of the Arena and contest the applicability of the 2020 conditional use permit(CUP) conditions the City is seeking to enforce against the Property. Background On October 14, 1968, the City approved a special use permit(the "SUP") for the Property to allow for a riding stable and Arena to be used for horse shows and horse boarding. At the time, the City had no limits on the number of animals that could be kept on the Property. Since that time, the owners of the Property have used the Arena and the Property for its approved purpose consistent with the SUP. In April 2018, Mr. Stowe acquired the Property and immediately began using the 30,000 square- foot Arena consistent with the SUP, including horse riding, horse shows, and horse boarding. Shortly thereafter, in direct response to complaints about Mr. Stowe's continuation of Arena operations, staff prepared a City Council staff report, dated July 9, 2018 ("2018 Staff Report") with recommended ordinance changes. At that time, City staff openly acknowledged that"the [Property] has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance." 2018 Staff Report Page 1. On July 13, 2018 the City passed Ordinance Number 10-18 ("Stable Ordinance"), establishing City Code of ordinances ("City Code") section 1007.058, which created numerous performance standards for Commercial Stables, including capping the maximum number of animals and requiring a conditional use permit(CUP). Katie Larsen March 12, 2021 Page 2 In response to enforcement letters sent by the City following adoption of the Stable Ordinance, Mr. Stowe, a lay person acting without benefit of legal counsel, acquiesced to the City's demands and applied for a CUP for a commercial stable, which was approved on November 9, 2020 ("2020 CUP"). The November 9, 2020 City Council meeting minutes ("Minutes") in which the council discussed the 2020 CUP application indicated confusion as to the status of the SUP: "Mayor Rafferty received confirmation that the former conditional use permit expired recently or long ago. Staff suggested it was mostly likely a long time ago." Minutes 139-140. These assertions contradict the 2018 Staff Report, and the City has provided no foundation to support the assertion that the SUP had expired. The 2020 CUP was subject to several conditions that significantly limited the Arena operations, proposing to curtail and diminish horse operations that have remained unfettered at the Property for the last fifty years. The conditions included a maximum of 12.5-25 animals, a new and unreasonable restriction on the 30,000 square foot Arena. In addition, the City demanded that Mr. Stowe surrender the SUP in exchange for the CUP. Upon review of these facts, this office has concluded that the SUP remains a property right held by the Property's owners and that the City has not lawfully terminated the SUP. Mr. Stowe will not surrender his rights under the SUP in exchange for an inferior and unnecessary CUP. The Commercial Stable Ordinance is Inapplicable to the Property Minnesota law provides that"any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion,unless . . . the nonconformity or occupancy is discontinued for a period of more than one year." Minn. Stat. Sec. 462.357, subd. le. This law establishes minimum protections from government overreach to ensure that newly- adopted ordinances and land use controls are not used to force the removal of an existing legal use. Here, the Arena use was established in 1968 under the SUP. Despite occasional use for other activities (including a BMX racing track)the Property continued to operate as an Arena, as was overtly and unequivocally acknowledged in the 2018 Staff Report. Again, the 2018 Staff Report unambiguously stated that the Arena has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance. Accordingly, the Arena remains a legally nonconforming use. Mr. Stowe has every right to continue the uses allowed by the SUP, free from any City performance standards only just instituted by the Stable Ordinance. This would include,but not be limited to, the Stable Ordinance's cap on the number of animals that may be maintained on the Property. The enforcement letters issued by the City failed to acknowledge the Stowe's legal rights. Mr. Stowe was never required to apply for a new CUP because the use of the Property for horse operations simply continued the longstanding, legally nonconforming property use. Katie Larsen March 12, 2021 Page 3 Removal of a Legal Nonconforming Use is Prohibited Under Law The Minnesota Supreme Court has stated a municipality has limited lawful options to terminate a legal nonconforming use of land. Those options are as follows: The first circumstance is by exercise of eminent domain. Minn. Stat. § 465.01 (2012). Two other circumstances are by operation of law when the use has been "discontinued for a period of more than one year,"Minn. Stat. § 462.357, subd. 1 e(a)(1), or when the use has been"destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value," id., subd. 1 e(a)(2). A fourth circumstance for terminating a nonconforming use is by judicial determination that the use is a nuisance.Id., subd. ld. Additionally, a municipality and a property owner may terminate a nonconforming use by written agreement. White v. City of Elk River, 840 N.W.2d 43, 52 (Minn. 2013). In White, the City required an existing legal nonconforming use to obtain a CUP. After approving the CUP, the City subsequently sought to eliminate the applicant's nonconforming rights by revoking the CUP. The Minnesota Supreme Court held that the City's action was an unlawful termination of legal nonconforming rights, which did not meet any of the lawful methods for termination described above. The same legal analysis as used in White is applicable to the City's actions here regarding Mr. Stowe's operation of the Arena. The City's actions are particularly suspect here—it was not until after the City passed the Stable Ordinance and compelled Mr. Stowe to apply for the 2020 CUP that the City asserted the original SUP had been abandoned. In 2018, the City expressly acknowledged that the Arena had been used as horse training and selling facility for the past 20 years. At that time, the City did not make any claims or assertions that the SUP had expired. To the contrary, the City adopted an ordinance that would have been unnecessary if Mr. Stowe truly had no rights in the SUP. The City's subsequent attempt to coerce Mr. Stowe to forfeit his rights under the SUP by claiming he needed an unnecessary CUP and have him acquiesce to the inapplicable requirements of the Stable Ordinance, is not appropriate under Minnesota law. The Required Forfeiture of the SUP is a Statutory Taking The City's demand that Mr. Stowe forfeits the SUP and other use rights as a condition of approval is a statutory taking under Minnesota Law: COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a)Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval for any use, structure, development, or activity constitutes a takingand nd is prohibited without the payment of just compensation. This section does not apply if the permit, license, or other approval is requested for the construction of a building or structure that cannot be built without physically moving the nonconforming use. Katie Larsen March 12, 2021 Page 4 (b) This section applies to an action of a political subdivision of the state or a local zoning authority occurring on or after May 20, 2006, that requires removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval. Minn. Stat Sec. 117.184 (emphasis added). Here, the City has demanded that Mr. Stowe execute a Conditional Use Permit Termination Agreement to terminate the original SUP as well as a subsequently-approved CUP issued in 1997. The City,by requiring the forfeiture of a legal nonconforming use as a condition of granting an unnecessary and unreasonable CUP, has committed a statutory taking that can only be mitigated by an affirmative recognition that the Property retains property rights under the SUP. Conclusion Mr. Stowe's simple desire is to continue using the Property as it has been used for fifty years. Although Mr. Stowe disputes the applicability of any of the performance standards contained in the Stable Ordinance,by far the most intolerable limitation is the cap of 12.5-25 animals on the Property. My client will protect his rights to a greater number of animals on the Property. To this date, the City has been unwilling to provide any details regarding the facts underlying its view that the SUP expired. If the City insists on the applicability of the Stable Ordinance to the Property and the coerced surrender of the SUP, Mr. Stowe intends to seek relief from the District Court. Please contact me if you would like to discuss this matter further. Sincerely, 191-- Jacob W. Steen, for Larkin Hoffinan Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) Councilmember Tony Cavegn(via email Tcavegen@linolakes.us) Councilmember Chris Lyden(via email clyden@linolakes.us) Councilmember Michael Ruhland(via email mruhland@linolakes.us) Councilmember Dale Stoesz (via email DStoesz@linolakes.us) Jay Squires, City Attorney(via email jay.squires@raswlaw.com) Chris Stowe (via email mss37@aol.com) Mark Stowe (via email trinitypl@aol.com) Bryan J. Huntington, Esq. (via email bhuntington@larkinhoffman.com) 4817-8754-1981,v. 1 Kevin J.Rupp Scott Anderson . A JayT. Squires*t Michael J.Waldspurger• Rupp, ANDERSON, SQUIRES Amy E.Mace Trevor S.Helmers• & WALDSPURGER, P. A. ['1 John P.Edison• 1\J Tessa S.Wagner Liz J.Vieira Kristin C.Nierengarten Zachary 1. Cronen Michael J.Ervin Abigail R.Kelzer Steven R.Gershone Ryan P.Stipple* Marcus B.Jardine Nathan S.Froemming• Hannah M.Reichenbach -Also Admitted in Wisconsin tReal Property Specialist Certified by the MN State Bar Association March 29, 2021 Jacob Steen Larkin Hoffman 8300 Normandale Center Drive, Suite 1000 Minneapolis, MN 55437 RE: 426 Pine Street NE, Lino Lakes, MN Our File No. 4021-0001 Dear Mr. Steen: I am the City Attorney for Lino Lakes. This letter responds to your letter dated March 12, 2021. In that letter, you assert, on behalf of landowner Chris Stowe, that Mr. Stowe has the continuing nonconforming right to use his Pine Street property as a riding stable as authorized by a 1968 CUP. Your assertion is premised on the claim that the property has been utilized for this nonconforming purpose "continuously" since the CUP was issued. Your assertion is incorrect. In 1968, a CUP was issued allowing a riding stable on the Pine Street property. Contrary to your assertion, there has not been continuous use of the Pine Street property for stable purposes since that time. In fact, in 1994 the property owner discontinued that use, and a conditional use permit for a BMX riding track was issued in 1997. The property then began to be used for that purpose for a period of time. I am attaching excerpts from a 1997 Planning Commission meeting and a 2010 newspaper article discussing historical uses of the Pine Street property.. 333 South Seventh Street, Suite 2800, Minneapolis, MN 55402 office (612) 436.4300 a fax (612) 436.4340 • raswlaw.com Mr. Jacob Steen March 29, 2021 Page 2 You specifically suggest in your letter that the City conceded in a July 9, 2018 staff report related to its consideration of zoning text amendments to allow limited commercial stables in the rural zoning district that the Pine Street property had been used as a stable continuously for the last 20 years. You have also misread those reports. The property being referred to in those comments is a stable located at 1288 and 1325 Main Street. You will note that the July 9, 2018 report discusses the site that had been operated for the prior 20 years as a "horse training and selling facility". That is the Main Street property, not the Pine Street property. As you are aware, under Minnesota Statutes § 462.357, subd. 1(e), nonconforming use rights are lost if the use is discontinued for a period of one year or more. City Code contains similar language. Because the Pine Street property has not operated as a stable since 1994, it has lost any nonconforming rights it may have had under the 1968 CUP. Instead,it is subject to the present provisions of the zoning ordinance,which impose animal unit limitations on such operations. Your client has been granted a CUP allowing the maximum number of horses allowed by pertinent provisions. In summary, given the above, your client has no right to maintain on the site horses in excess of the number allowed by the 2020 CUP issued to him. If the conditions are violated, the City will pursue enforcement,up to revocation of the CUP. If your client does not execute the 1968 CUP termination agreement referenced in condition 14 to the 2020 CUP, your client will also be in violation of the CUP, which could also result in CUP revocation. Very Truly Yours, /s/ Jay T. Squires cc: Katie Larsen Mike Grochala RASW: 182024 Planning & Zoning Board June 11, 1997 • Page 6 Street Classification Minimum Setback Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet 6. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. Mr. Herr seconded the motion. The motion carried with 5 Ayes and 1 Nay (Dunn). Ms. Wyland asked if the Board wished to include all trailers associated with RV's and add a condition that parked or stored RV's cannot block a trail crossing a driveway. Mr. Johnson made a MOTION to further amend the ordinance to include all trailers associated with RV's and add a condition that parked or stored RV's • cannot block a trail crossing a driveway. He was supported by Mr. Herr. The motion carried with 5 Ayes and 1 Nay (Dunn). B. Rehbein Arena/BMX Bike Racing 426 Pine Street Amended Conditional Use Permit- PUBLIC HEARING Mr. Kirmis stated that Mr. Rehbein's request is to legalize the existing BMX Biking facility located on approximately 20 acres of land south of Pine Street and east of Fourth Avenue. The property is zoned Rural, which currently does not allow this particular use. To accommodate the biking facility, two approvals would be required: 1) a text amendment to the zoning ordinance to allow commercial sports arenas within this zoning district, and 2) approval of a conditional use permit to allow this use on the subject property. At the present time, the City does not have a mechanism in place to accommodate this request. There is no allowance for a conditional use permit for this use. The Board needs to determine whether or not to consider a conditional use permit prior to an ordinance being in place to accommodate it Chair Schaps declared the public hearing open at 7:20 p.m. Mr. Herr stated that he would not want to take action until the ordinance amendment has been adopted by the City Council. • Ms. Wyland explained that the applicant has been waiting for Council action on an ordinance amendment. It is scheduled for review at the June 23, 1997 Planning & Zoning Board June 11, 1997 • Page 7 Council meeting. She noted that the City did receive a complaint. Because of the timing of the complaint, it was decided to go forward with the application. The Fire Chief has inspected the facility, and Mr. Rehbein is willing to make some corrections based on the Fire Chiefs recommendations. Mr. Herr stated that after the Council takes action to include this use as an option for a conditional use permit would be the appropriate time for the Board to consider it. Mr. Dunn noted that if the amended ordinance is not adopted, the issue is moot. However, people have been notified of the public hearing, and he would like to take time to hear their comments. He expressed his serious concern about being in compliance with the fire code because with the knowledge that the facility is not in compliance, the City could potentially become liable. Ms. Wyland stated that Mr. Rehbein and the Fire Chief have agreed on a 90-day time frame to complete repairs. Mr. Dunn noted that the Fire Chiefs memo is dated April 24, 1997, which means . the 90-day period is almost ended. He expressed his strong concern that events are taking place at a facility that does not meet fire code standards. Mr. Johnson asked if the arena is used in the summer. Mr. Kenneth Rehbein, 8027 Danube Street, answered, yes He noted that the Fire Chief did not indicate any danger in the facility. The repair work has been started and will be completed within the 90 days. Mr. Kirmis noted that the arena was constructed in 1971 for the purpose of accommodating rodeo events. It has been a BMX facility since 1994. Events y, are held indoors and outdoors. The indoor facility is 15,000 square feet; the outdoor arena is 24,000 square feet. The Board has recommended that commercial sports arenas be allowed as a conditional use in Rural zoning districts in the revised Zoning Ordinance to be considered by the Council. Mr. Kirmis stated that in relation to this conditional use permit application, staff is recommending approval with 15 additional conditions, which address: 1) allowing this conditional use in a Rural district; 2) combining the two lots currently used, 3) access issues, 4) compliance with side yard setbacks; 5) off-street parking compliance with setbacks, 6) adequate on-site sewer and water facilities; 7) compliance with the Fire Code; 8) adequate off-street parking provided, • striped, surfaced and according to ADA standards, 9) exterior lighting; 10) 8/2712021 Policy Number: 87045924042021 Transaction Date: 03-27-2021 at 1:55 PM Remittance ID: 58028336 Approval Code: n/a Premium Amount Owed: $909.00 Account Charged: $909.00 Balance: $0.00 vt �.. 0 0 In Downtown WlEife Beer Lake SNr1l� FELY Catch the spirit thu season and enjoy ovcryfhirg Riders tear some track at WITH US THIS �� �O�"'tr°wn Whire Bear lake hasrooffer.Enpy srore holiday promotions,greed restauronh providing c°dxide service and don't forget ro mlaa and stay for the holidays. H O L 1 DAY SEASON � � Surprtsa W rs hen Satka b grwf shoppers DonaMons b the . Ct Whk•flea.Aran food sheN are wacomad. .. .... Downtown WhiteBearlake.com • Indoorone of • in Minnesota 1 \4 M a Jake Hoschette catches some air as he speeds along the indoor BMX course during a practice run at Rehbein Arena on Saturday, March 6. -Photo by Paul Dols LINO LAKES — On the far north side of town, raging bulls used to kick up dirt trying to buck cowboys. These days, the former rodeo grounds is littered with clay jumps and hairpin turns trying to buck a different kind of rider—those who commandeer BMX bicycles. Last Saturday, Rehbein Arena hosted about 300 riders at an American Bicycle Association (ABA) state qualifying race and on Sunday, Redline Cup racers took their turn to tear up the track. The arena is a place where people of all ages practice riding an ABA-sanctioned bicycle motorcross course, and it's the only indoor BMX course in Minnesota, according to track operator Doug Knollmaier. "If you want to race bikes in the winter, you come to Rehbein's," Knollmaier said. "We have full-sized obstacles at a smaller venue just like outdoor tracks." The 450-foot course is about half the size of an outdoor track, so ridersmake two laps to complete one official lap. Knollmaier said he sees riders of all ages from the five-state area participate in weekend races. Children as young as 3 can participate in Tuesday and Friday practice sessions. "We get 3- and 4-year-olds all the way up to 50," said Knollmaier, 44. Many riders make their weekly visits to Rehbein in an attempt to gain more victories. ABA riders start as novices but move up to intermediate status upon winning eight races. Once a rider achieves 25 wins, he or she reaches the expert level. Some go professional, but Knollmaier said it stays pretty quiet at Rehbein, as the bleachers aren't exactly swarming with scouts and sponsors looking for young new talent. Rehbein Arena was built by current owner Don Rivard's father-in-law Tim Rehbein in 1971. It was initially used as a horse barn and indoor riding facility. It was also a popular venue for rodeos up until 1992, when Rivard was approached by the ABA to convert the barn into a racetrack. "The horse market and economy fizzled," Rivard said. "So we gave BMX a try and we're still doing it.' Knollmaier, a White Bear Lake native, raced BMX in his younger days. He said a minor revival is taking place among, people he raced with in the '80s. These days, he maintains the track with two other staff members. Once obstacles are built, maintenance doesn't become too major, he said. The clay track is watered every night to keep track structures hard. "The sport keeps kids in shape," he said. "I have people come out for a cardio workout. It's not like just riding around the street, because you'll know it when you've gone around the track (once)." Occasionally, Knollmaier hosts pro-am races with entry fees paid by BMX hotshots from Illinois, but most weekends provide friendly confines for parents to watch their children motor around the course. Knollmaier said riders can pay a reduced $30 fee that covers practice on Friday and the race entry fee on Saturday. All skill levels get an opportunity to race every weekend. "It's amazing to watch kids advance through the skill levels," the four-year track operator said. "They start by barely getting around the track and the next thing you know they are riding with the best." For more information on the ABA BMX track at Rehbein Arena, contact Doug Knollmaier at 651- 784-9514 or by e-mail at dugbmx@comcast.net. Nicholas Backus can be reached at quadnews@presspubs.com, 651-407-1235 or on Twitter at www.twifter.com/quadpress. i Wa undxstand Commitment f!+Jcall r4y A E4wm0 J<.WS fOr One IOft atWIM o�n-4 R y-r..usea Mrvaw m pnaosopny&pdstrakpt ta* sF.•ut s• W nran.. 1 n+-]s.To learn mcw.<aM to W ® OrYll4ben FN ..W MN YDJ(1pM�m ArY NMk ONM Rnn. iWIA le}ipp-)Q.q NMbWlb6.v q.��r M u nbar SIPC sIGC �'••�••�••,••• Misgen Insurance Agency CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 9,2018 TOPIC: Consider I51 Reading of Ordinance No. 10-18,Amending City Code Chapter 1007 Related to Commercial Kennel and Commercial Stable Performance Standards VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to amend City Code Chapter 1007 to amend commercial kennel and commercial stable performance standards. BACKGROUND City staff received a complaint that a property has too many horses than permitted based on the zoning and acreage. The subject site has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance. The issue to be discussed is whether commercial stables should be allowed more animal units than standard rural zoning district uses. There are multiple commercial horse stables in Lino Lakes. Staff provides the following information regarding current ordinances and proposed amendments regarding animal units and commercial stables. ANALYSIS The City Zoning Ordinance establishes definitions, performance standards and zoning district uses for Animal Units, Commercial Kennels, and Commercial Stables. Per Section 1007.001 Rules and Definitions: ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. 1 Larkin Larkin Hoffman Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 Web: wwwlarkinhoffman.com May 11, 2021 City of Lino Lakes VIA E-MAIL AND Attn: City Planner, Mayor and City Council UNITED STATES MAIL Lino Lakes City Hall (KLarsenWinolakes.us) 600 Town Center Parkway Lino Lakes, MN 55014 Re: Variance Application at 426 Pine Street NE Dear City Planner, Mayor and City Council Members: We represent Christopher Stowe ("Applicant"), the owner of the Property at 426 Pine Street NE ("Property") in the City of Lino Lakes ("City"). On behalf of Applicant,please accept the enclosed materials as application for the variance described herein. Background Applicant owns three adjacent parcels each with different tax identification numbers: ID No. 05- 31-22-22-0003 (5.66 acres), ID No. 05-31-22-22-0005 (15.31 acres), and ID No. 05-31-22-22- 0006 (4.31 acres). All of these parcels are zoned rural. The present Application concerns the parcels with Tax IDs ending in 03 and 05, which together total approximately twenty(20) acres (the "Property"). The Property is improved with an approximately 50,000 square foot riding arena("Arena") and multiple horse-related buildings. In 1968, the City approved a building permit for a predecessor in title, Kenneth Rehbein, to construct a steel structure on the Property. The purpose of the structure was "Indoor+Outdoor Horse Show Arena." In 1969, the City granted a building permit to Elswort Rehbein to allow the construction of a corrugated steel structure for the boarding of horses. The boarding structure is approximately 10,000 sq. ft. and, in conjunction with the hay barn and outside areas, can board over one-hundred and twenty(120) horses or other large animals) Both the horse arena and boarding structure were constructed pursuant to these building permits and remain in place today. Pictures of these buildings are enclosed. Mr. Rehbein kept more than one-hundred(100)horses on the Property. In April 2018, Applicant acquired the Property and immediately began using it for horse operations. For two (2) years Applicant used the Property without any concerns being raised. 1 The hay barn on the property is 200 sq. ft. by 30 ft. Applicant also owns additional horse shelters, over 8,000 sq. ft. in size. City of Lino Lakes May 11, 2021 Page 2 During this time Applicant had an average of twenty-two (22) and a maximum of twenty-six (26) horses. Applicant has a private riding club with six (6) friends who sometimes bring other riders. Half of the horses are rescue animals and are either too old to ride or have significant health conditions. Horses are kept in stalls but are also allowed out on pasture in the spring, summer, and fall. Horses are allowed to graze the twenty(20)-plus acres during these times. A substantial portion of the horses' diet is comprised of hay. Manure generated by the animals is composted and used for fertilizer for pasture and hay fields. During the fall manure is removed from the Property by third parties for use off site. Any excess manure is removed from the Property by a dump truck. On July 13, 2018 the City passed Ordinance Number 10-18 ("Stable Ordinance"), establishing City Code of Ordinances ("City Code") section 1007.058,which created numerous performance standards for Commercial Stables, including capping the maximum number of animals and requiring a conditional use permit(CUP). In response to enforcement letters sent by the City following adoption of the Stable Ordinance, Mr. Stowe applied for a CUP for a commercial stable, which was approved on November 9, 2020 ("2020 CUP"). The 2020 CUP was subject to several conditions that significantly limited the Arena operations. The conditions included a maximum of 12.5-25 animal units with horses each counting as I animal unit—for a maximum of 25 horses on the Property. Prior Land Use Approvals On October 14, 1968, the City approved a special use permit(the "SUP") for the Property to allow for the above-described boarding structure and Arena to be used for horse boarding and horse shows. At the time of approval of the SUP, the City had no limits on the number of animals that could be kept on the Property. The SUP did not place any conditions on the number of horses boarded on the Property. In late 1997, the City granted an amended conditional use permit to permit use of the Property for purposes of a BMX bike racing facility. As referenced above, in November 2020, the City approved Resolution 20-129 for a conditional use permit for the Property authorizing a commercial stable and recreational use.2 The City placed conditions on the property including, but not limited to, (1) maximum of 12.5 animal units allowed on the property without an approved facility management and waste plan; and(2) a maximum of 25 animals are allowed on the site with MPCA approved facility management plan and waste plan. 2 Also, in November 2020, the City approved Resolution No. 20-144 to, among other things, amend Resolution 20-129 to correct a typographical error. City of Lino Lakes May 11, 2021 Page 3 Relief Requested Applicant is seeking the following City approvals: 1. Variance from Animal Unit Restriction. Applicant is seeking a variance from the Stable Ordinance's animal unit restrictions and the cap of 25 animal units. Applicant is requesting fifty(50) animal units to be kept on the Property. 2. Amended Conditional Use Permit. Applicant seeks issuance of an amended conditional use permit reflecting that fifty(50) animal units may be retained on the Property. Applicant requests that the amended permit excise prior condition number 12, requiring that"PID#05-31-22-22-003 and PID #05-31-22-22-0005 shall be combined with Anoka County."3 Variance Criteria and Conditions Under the City Code, variances must meet the following criteria: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance being sought is in conformance with the general purposes and intent of the ordinance. The City Code, at § 1007.080(1), states the purposes for the rural zoning district. These purposes include: a. To preserve productive land for agricultural use and maintain `open space' within and near to urban areas. c. 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. The Property will continue to be maintained as an open space. The Property will continue to stand as a bulwark against urban sprawl. Moreover, it is noteworthy that for veterinary hospitals (a conditional use in this zoning district)up to forty(40) animals may be boarded on a property irrespective of its size. See City Code § 1007.080(7)(e). Horses boarded on the Property include 3 Resolution No. 20-129 "observed that [t]here are three (3)parcels of land . . . under common ownership and operate as a single enterprise." Indeed, these parcels have long been committed to the same operation and purpose. There is no need to require consolidation of these parcels. Instead, a CUP condition could be crafted that required that all three parcels be held in common by the same person or entity. Requiring consolidation of these parcels unnecessarily reduces the marketability of the parcels where there is a less restrictive condition that could be incorporated into a revised CUP. City of Lino Lakes May 11, 2021 Page 4 geriatric and sick horses that receive care beyond that required for ordinary horses. The Property is substantially larger than a veterinary clinic. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the City's 2040 Comprehensive Plan("Comp Plan"). Relevant land use goals and policies under the Comp Plan include: a. Goal 7: Sustain Lino Lakes' natural resources which make it such a desirable place to live a. Policy(a): Protect and preserve the natural resources throughout the city. See Comp. Plan Chapter 3, Goals and Policies. Applicant proposes to continue using the Property in a manner that will protect and maintain the natural resources on the site, including its natural wetlands and grasses. Horses will graze the grass and waste generated by the horses will be used as fertilizer. Excess waste, if any, will be removed off site. Horses that may not be desirable to others will be taken of, cared for, well fed, and regularly exercised. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The City approved the Property's use for boarding and showing horses over fifty years ago. Applicant proposes to use the Arena and boarding structure for the express purposes for which they were approved, constructed, and operated for several decades. The boarding structure alone provides sufficient space to house over fifty(50) horses. Without the additional horses, a large portion of the Arena will go unused. Half the horses that will be maintained on the Property are elderly or ill. These horses require less exercise and a smaller area for exercise. The Arena provides adequate space for these horses. Storing fifty animal units on the Property is a reasonable use of the Property that is not otherwise allowed. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The Property is unique because, for over 50 years, it has retained structures erected for the specific purpose of boarding and showing horses. A prior landowner maintained at least 100 horses on the Property. The Property is also unique in that the City previously granted Applicant's predecessor in title a conditional use permit allowing an unlimited number of horses. Furthermore, the Property is unique in that the landowner owns three contiguous parcels that may all be used in the horse operation. Finally, the Property is unique because the Applicant bought the Property in the good faith belief that it could be used for purposes of horse boarding and showing, per the 1968 SUP,which has never been terminated. City of Lino Lakes May 11, 2021 Page 5 5. The variance shall not alter the essential character of the locality. Permitting fifty animal units on the Property will not alter the essential character of the locality. The City has recently granted a CUP for the Property allowing for twenty-five (25)horses. For over fifty(50) years the essential character of the structures on the Property has been for horse- related uses. The incremental increase in horses will be consistent with this character. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance being sought does not change the Property's use. The use of the Property is already the operation of a horse stable. Storing animals is a permitted use in the rural district under the zoning code. City Code § 1007.080(5)(f). 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,when in harmony with the zoning ordinance. This requirement is not implicated by the Application. Based on the above criteria, Applicant has demonstrated that the variance request is warranted and consistent with City and state law. My client makes this application notwithstanding the fact that the circumstances leading to the Application demonstrate legal rights to board at least fifty(50)horses and/or other animal units pursuant to the 1968 SUP. Applicant believes that said SUP remains in effect, for the reasons articulated in my letter dated March 12, 2021 (enclosed). Applicant respectfully requests that the City approve the application as a reasonable resolution to the circumstances and to avoid the need for formal dispute resolution proceedings. Please contact me with any questions about this letter or the information contained herein. Sincerely, Jacob W. Steen, for Larkin Hoffman Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com Cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) Councilmember Tony Cavegen (via email Tcavegen@linolakes.us) Councilmember Chris Lyden (via email clyden@linolakes.us) City of Lino Lakes May 11, 2021 Page 6 Councilmember Michael Ruhland(via email mruhland@linolakes.us) Councilmember Dale Stoesz (via email DStoesz@linolakes.us) Jay Squires, City Attorney(via email jay.squires@raswlaw.com) Chris Stowe (via email mss37@aol.com) Mark Stowe (via email trinitypl@aol.com) Bryan J. Huntington, Esq. (via email bhuntington@larkinhoffman.com) Michael Grochala(Community Development Director) (MGrochala@linolakes.us) Enclosures: 1. Photos of arena and horse boarding building 2. Correspondence of Jacob W. Steen dated March 12, 2021 4829-7653-1174,v. 1 PLANNING & ZONING BOARD AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner P & Z MEETING DATE: June 9, 2021 REQUEST: PUBLIC HEARING: Conditional Use Permit for Open and Outdoor Storage at 2300 Main Street (Glamos Wire, Inc.) CASE NUMBER: CU2021-001 APPLICANT: Steve Tomas Glamos Wire, Inc. 2300 Main Street Lino Lakes, MN 55038 OWNER: Same REVIEW DEADLINE: Complete Application Date: May 12, 2021 60-Day Review Deadline: July 11, 2021 60-Day Extension: September 9, 2021 Planning &Zoning Board Meeting: June 9, 2021 Tentative City Council Work Session: July 12, 2021 Tentative City Council Meeting: July 12, 2021 BACKGROUND The applicant, Steve Tomas of Glamos Wire, Inc., submitted a Land Use Application for a Conditional Use Permit(CUP) for Open and Outdoor Storage at their facility located at 2300 Main Street. This staff report is based on the following information: oo Site Plan prepared by Michael Monn Architects revision date May 10, 2021 oo ALTA/NSPS Land Title Survey prepared by EG Rud& Sons, Inc. dated July 2, 2020 ANALYSIS 1 Background In July 2020, staff observed illegal outdoor storage of semi-trailers, signage and construction without a permit at 2300 Main Street, Glamos Wire, Inc. Staff reached out to the property owner in August 2020 with a courtesy call and email. After no response, staff followed up with letters and emails in September, October and November 2020. In December 2020 and March 2021, the applicant submitted incomplete land use applications. Staff continued to work with the property owner until a complete land use application was submitted in May 2021. Zoning The property is zoned LI, Light Industrial. Open and Outdoor storage is allowed with an approved conditional use permit. This includes the outdoor storage of semi-trailers as regulated by Zoning Ordinance Section 1007.043(16) Exterior Storage (b). 3. Within an industrial zoning district, the exterior storage of semi-trailers accessory to the principal use may be allowed by conditional use permit according to §1007.120 and §1007.121. Semi-trailers connected to semi-tractors queuing for loading or unloading shall be considered truck parking and be exempt from the outdoor storage conditional use permit. Staff has observed as many as 20+ semi-trailers parked on the south side of the building. We were first told the semi-trailers were owned by Glamos Wire, Inc. but then learned they were owned by another company and Glamos Wire, Inc. was leasing outdoor storage space to them. If approved, the outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use GB General Commercial North Business (McDonald's & Main Commercial Street Shoppes) South LI, Light Industrial Vacant Industrial Industrial Industrial East LI, Light Industrial (Laborers Training Industrial Center) West GB, General Vacant Commercial Commercial Business This I-35E, Main Street and Otter Lake Road corridor has been the focus of high value, high quality commercial and industrial development for both the City and property 2 owners. The City should be cognizant of outdoor storage and its limited increase in land value. Site Plan The parcel is 18 acres. The main building and associated parking lots are located on the north half of the site. The south half of the site consists of trees, wetlands and agricultural crop land. The applicant's site plan shows an 8 ft. tall opaque white vinyl privacy fence extending from the existing building around the perimeter of a portion of the parking lot immediately south of the building. Additional landscape screening is proposed at the southwest corner of the building near the fence. Per the ALTA/NSPS Land Title Survey prepared by EG Rud& Sons, Inc. dated July 2, 2020, recorded Declaration for Maintenance of Stormwater Facilities, a recorded Easement, two (2) bioretention basins and a 22 ft. wide easement exist on the south side of the parking lot. These basins provide stormwater management for the parking lot. The parking lot sheet flows south into the basins. As proposed, the privacy fence appears to have a 4 inch gap at the bottom which would allow for water to flow under. The proposed fence and outdoor storage shall not impede or impair the function of the drainage, stormwater management system or bioretention basins. The property owner shall be in compliance with the recorded stormwater Declaration and Easement at all times. Per May 10, 2021 email correspondence with the applicant, the following items are proposed for outdoor storage: oo Utility trailers and company vehicles oo Wire stems—these get picked up once a week from our steel suppliers so we're constantly cycling these in and out to be recycled. oo Steel scrap bin—we use this to recycle our scraps picked up once a week by National Recycling Inc. oo Bales of cardboard—picked up by International Paper Company oo Overflow pallets—cycled in and out every 1 to 3 days oo Snow plow and sanding equipment oo 8 yard Trash bin—picked up once a week by Waste Management Conditional Use Permit for Open and Outdoor Storage City Zoning Ordinance Section 1007.120(9)(e) details the following conditions of approval for open and outdoor storage: (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 3 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. The required building setback along CR 84 (Otter Lake Road) is 50 feet. The proposed outdoor storage and fence setback is 210+ft. This requirement is met. The required rear yard building setback is 15 feet. The proposed outdoor storage and fence setback is 480+ft. This requirement is met. The required side yard building setback is 10 feet. The proposed outdoor storage and fence is proposed 3-4 ft off the east lot line which is in line with the existing building. The existing building does not meet side yard building setbacks. Since a fence is allowed to be located on a lot line, the fence location could be allowed and the actual outdoor storage of semi-trailers, vehicles, equipment, materials etc. shall be ]Oft within the fence. No outside storage is located between the principal structure and any public right-of- way. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043 (17)(f) of this Ordinance. Section 1007.043(17)()9 Buffer and Screen Standards requires for Outdoor Storage Yards, a minimum 8 foot tall wall or fence of permanent materials and planting shall provide shrub cover for 50%of the wall offence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. The property owner has requested as an alternative, a row of arborvitae 15 ft tall x 4 ft wide along south of the parking lot. See Attachment#5. Staff does not recommend this alternative. CR 84 (Otter Lake Road) is a high traffic road and the site, building and outdoor storage area are highly visible from the road. The existing bioretention basins and 22 ft wide easement also shall not be encumbered or disturbed by plantings, trees or shrubs. There is no room between the parking lot and the basins or easement to plant arborvitae or other landscaping. The 8 ft tall fence also provides greater security than coniferous trees and shrubs. Securing the outdoor storage is a main concern of the property owner as stated in their land use application. They have had several issues of trespassing and vandalism due to the unsecured, outdoor storage. A reasonable modification could be to waive the 50%shrub cover along south, west and east lot lines due existing trees and landscaping. These existing trees and landscaping shall not be removed or they shall be replaced. 4 The applicant has also expressed concerns about the cost of the fence. Their land use application states a cost of$60,000. To decrease costs, the applicant could make the outdoor storage area smaller. 3. The entire storage area is fenced and secured in an appropriate manner. The entire storage area is fenced and secured with an 8ft tall opaque white vinyl privacy fence and the existing building. A 16 ft wide gate is proposed along the west side of the outdoor storage area. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear-resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. The outdoor storage area is located on the existing bituminous blacktopped parking lot. No outdoor storage shall occur on the grass or landscape area located between the building and the parking lot. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. Per the submitted Site Plan, the required number of parking stalls based on building occupancy is 156 spaces. The total number of parking stalls on site is 360. The outdoor storage area proposes to eliminate 167 parking stalls. This will leave 193 parking stalls which exceeds the required 156. This requirement is met. 6. The property shall not abut I-35W or I-35E. The property does not abut 1-35 W or 1-35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. 2.5 x 137,824sf building footprint= 344,560 sf storage area allowed. The proposed outdoor storage area as shown on the Site Plan is approximately 71,200 sf. This requirement is met. 8. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. No on-street parking is proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. No additional comment. 5 Findings of Fact Conditional Use Permit 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 the following criteria have been met: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The open and outdoor storage area is consistent with the official City Comprehensive Plan. The property is guided industrial and outdoor storage as an accessory to the industrial user is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities and local water management plan. 2. The proposed development application is compatible with present and future land uses of the area. Present and future land uses include commercial and industrial. The open and outdoor storage area is compatible with these uses if proper screening and compliance with the conditional use permit and City ordinances is maintained. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The open and outdoor storage area conforms will all performance standards as detailed in this staff report. 4. Traffic generated by a proposed development application is within the capabilities of the City when: 6 a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by Glamos Wire, Inc. and the open and outdoor storage area are within capabilities of the streets serving the property. CR 84 (Otter Lake Road) and CSAH 14 (Main Street) are arterial and A-Minor Connector roads respectively. 5. The proposed development shall be served with adequate and safe water supply. The principal building, Glamos Wire, Inc. has an adequate water supply. The open and outdoor storage area does not impact the water supply. 7 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The principal building, Glamos Wire, Inc. has an adequate sanitary sewer system. The open and outdoor storage area does not impact the sanitary sewer system. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development 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. The outdoor storage of materials that cause excessive traffic, noise, smoke,fumes, glare or odors is not allowed. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. Planning& Zoning Board Input Staff requests input from the Planning & Zoning Board on the following items: 1. Should an alternative, row of arborvitae landscape screening in lieu of an 8 ft. tall fence be allowed along the south boundary of the outdoor storage area? 2. Should the 50% shrub requirement along the fence be waived? RECOMMENDATION Staff offers the following conditions for the Planning & Zoning Board's consideration: 1. The outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. 2. The fence and/or outdoor storage items shall not impede or impair the function of the drainage, stormwater management system or bioretention basins. 3. The only items and equipment allowed in the open and outdoor storage area are as follows: a. Semi-trailers,utility trailers and company vehicles b. Wire stems c. Steel scrap bin d. Bales of cardboard 8 e. Overflow pallets f. Snow plow and sanding equipment g. Eight(8) yard trash bin 4. All outdoor storage shall be located on the paved parking lot within the outdoor storage area. No items or equipment shall be stored on the grass or landscape area located between the building and the parking lot. 5. No outdoor storage shall occur within 10 ft. of the east lot line within the outdoor storage area. 6. If the 50% shrub requirement is waived, the existing trees and landscaping shall not be removed or they shall be replaced to provide sufficient screening in accordance with City Code. 7. All outstanding building permit issues shall be resolved within 30 days of City Council approval of the conditional use permit. 8. Failure to comply with any of the above listed conditions may result in revocation of the conditional use permit. The applicant shall address the following comments prior to the City Council meeting: 1. The fence detail on Sheet SP1, Site Plan differs from the fence detail submitted as Document 3. Please revise for consistency. 2. A detail of the 16ft gate shall be provided. The gate shall provide full screening. ATTACHMENTS 1. Site Location and Aerial Map 2. Applicant Narrative 3. ALTA Survey 4. Sheet SP1, Site Plan 5. Proposed Landscaping-Southwest Corner of Building 6. Proposed Alternative Arborvitae Border 7. Otter Lake Road-Street View Facing Northeast 8. Otter Lake Road-Street View Facing East 9 w Q N CS — _ 7Q j Tf` or ui w - •Q ui iF- - re Site Location & Aerial Map W E 0 150 300 600 Feet �NFc 2300 Main St-Glamos Wire, Inc. S. Project: Glamos Wire Security Fence Steve Tomas,owner Glamos Wire,Inc. 2300 Main St Lino Lakes,MN 55038 651-269-7369 steve@glamoswire.com Michael Monn,architect AIA,NCARB,LEED AP Michael Monn Architects 7933 Grinnell Way Lakeville,MN 55044 (612) 247-5406 mike@michaelmonnarchitects.com Anne Fleischhacker-Landscape Designer Villa Landscapes 6300 Highway 36 Oakdale,MN 55128 651.773.7440 info@villalandscapes.com Narrative: We want to put up a gate to secure the south area of the property. This is for the safety of our employees as well as the security of our property including small utility trailers and company vehicles. Within the past 9 months we have already filed 2 police reports with the City of Lino Lakes for the theft and attempted theft of our property that resulted in an arrest.Additionally,we have confronted hostile individuals trespassing in this area on multiple occasions. Adding this fence will address these issues and deter illegal activities in the area. ALTA/NSPS LAND TITL URVEY --for-- G LAMOS WIRE, INC. --of-- 2300 Main Street _ THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST / QUARTER OF THE NORTHEAST QUARTER OF SEC.24-T.31-R.22 /, =20.00 // SCSTGNP� /'--_-- THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST Lino Lakes M N C�PFF MAIN STPEET QUARTER OF THE NORTHEAST QUARTER OF SEC.24-T.31-R.22 / /- — (PUBLIC ROAD) S88056'41"W 664.93 t ' _ \` J\ ��.'L`..! ' �� ♦/ 7.I,'w,<1 Ir L -17.-IIJ—t/1 t�<Y ^` `Y' 12 / E 16 r� - a _ E C��i i �� vv --- _ — — ---- r�' -- �O MHSA _ i - --- II CERTIFICATION E E i I L � I�e � ti-� BUTT �31-&ITS-r 'J��.���Y�SJ�-.-, ,c3,X. 51.64r�- OH ��_ -a�� ����� r�5 � 645. 8 -___ Y's3 a— I�� QC' 1 EXCEPTION fi _ 7.9 4soo I8 RcA oHd�w —3 ; Estate Holdings, LLC, a Minnesota limited liability company; and to Commercial Partners Title, I -\---rEs 1RAILNORTH - ! ----- I hereby certify to Taylor Corporation a Minnesota corporation Tomas Commercial Real F t g � yEf_ _ _ TRAIL DRAINAGE AND UTILITY EASEMENT PER DOCUMENT NO. 1976889.002 ' �X z� �___ - MONUMENT SIGN �� rN e r. el r— i A r% r� r � ii EXISTING DRIVEWAY LLC, as issuing agent for Chicago Title Insurance Company, that this is a survey of: � � �►- �- ;, --- CROSSES BOUNDARY That art of the West Half of the Southeast Quarter of the Northeast Quarter of Section I p Q Q I _ 24, Township 31, Range 22, lying East of a line described as follows: Beginning at the _- 50 _ t 50 8 i_ �� ----- Southeast corner of said West Half of Southeast Quarter of Northeast Quarter; thence -�, 13 1 i Northerly to a point on the North line of said West Half of Southeast Quarter of Northeast Quarter distant 20 feet West from the Northeast corner of said West Half ofthe Southeast Quarter of the Northeast Quarter and there terminating, Except Parcel 10, Anoka County Highway Right-of-Way Plat No. 65, according to the map or plat _Ithereof on file and of record in the office of the Anoka County Recorder. _ ��v �' �< - 11.0 Abstract Property z m < w m ZCD and is based upon information found in the commitment for title insurance prepared byLn Commercial Partners Title LLC as issuingagent for Chicago Title Insurance Company, < �P 9 9 w o l r Issuing Agent File No. 57246, dated effective May 18, 2020 at 7:00 A.M., and that all j easements, if any, listed in Schedule B-II on the herein referenced commitment for title PQ`f�� �P w i I � I Q insurance, are shown hereon; and that this map or plat and the survey on which it s based - c R „ were made (i) in accordance with "Minimum Standard Detail Requirements for ALTA/NSPS w o °' a�9 Land Title Surveys," jointly established and adopted by ALTA and NSPS in 2016, and (II) I ° III z P - �_, 1 pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date `� of this certification, the undersigned further certifies that in my professional opinion, as a - , m land surveyor licensed in the State of Minnesota, the Relative Positional Accuracy of this I III a Q j FQ n D6 `� FENCE TO survey does not exceed that which is specified therein and includes Items 1, 2, 3, 4, 6(a), � m z « � 7 4.2 6(b) 7(a) 7(b1) 7(c) 8 9 10(a) 11 (location of utilities per visible above ground on-site A ° 163.7 - --�--- BOUNDARY LINE) i i i i i i i i I E,1 Q I ti observation and available mapping), 13, 16, and 19 of Table A thereof. The field work , - c, completed on June 29, 2020. " ° °��` „ i V� M F � LU / n I further certify that this survey was prepared by me or under my direct supervision and that ;:; � w V z 18.9 I am a dui Licensed Land Surveyor under the laws of the State of Minnesota. - v, V <Ic Y Y a F- < o E o; � Ul M Date: 7/2/2020 LL A - o II E.G. Rud & Sons Inc. - V EXISTING FENCE, a 0 78.2 19.0 - ��' � V p ti CONCRETE, AND LIL o D OVERHANG CROSS g Nry�`` BOUNDARY LINE AS Jason . RU Land Surveyor j SHOWN Minnesota License No. 41578 ; �I U) --- -' 9 S V I�/ I ^ i� 1.9' (OVERHANG TO V i \��--- OV HANG --- j BOUNDARY LINE) I � I \ I — � D c �, ----I 51EP51' GENERAL NOTES � � <�` < « = < I � I I I 00 V /1119.1 MW - ------ -w V 1. Fee ownership is vested in Taylor Corporation, a Minnesota corporation - o Parcel ID Number: 24-31-22-14-0002. I o 6 Iv V E gzo 1 `----- TRASH AREA 2. Address of the surveyed premises: 2300 Main Street, Lino Lakes, Minnesota. 3. Bearings shown hereon are based on the Anoka County Coordinate System. �\ E E o V > f 4. Surveyed premises shown on this survey map is in Flood Zone X (Areas determined to be I V a 39.4 / 2300 MAIN STREET u (138,614 S.F.) outside the 0.2 /o annual chance flood lain. according to Flood Insurance Rate Ma - p ), 9 p � � Community No. 270015 Panel No. 0370 Suffix E by the Federal Emergency Management (BULDING HEIGHT = 34.8f FEET) I Agency, effective date December 16, 2015. 0— V 5. Boundary area of the surveyed premises: 832,279f sq. ft. (19.11 acres) [Includes W V s, N R.O.W.]. I >, I mqs 6. A zoning endorsement letter was not furnished to the surveyor. A search of the City of Q ,' Lino Lakes' web site indicates that the surveyed premises shown on this survey isID I o currently zoned LI-(Light Industrial District). Under the applicable zoning regulations, the W current setbacks are: I 20.18 u l GARFLR Building: From Street = 30 feet (local street) or 50 feet (arterial or collector) 0 Side = 10 feet I - 13.0 - Rear = 15 feet .�y BUILDING CORNER ���P V - ----- LIES 1.8' WEST OF Parking: From Street = 15 feet I - S I V M BOUNDARY LINE Side = 5 feet 439.6 = 5 feet O --- ----------- ------- -- 162.8 ---------------------------- RearSpRI� ^V � Ali k`FRBO'r For additional information contact the CityPlanning Department at the City of Lino Lakes I -O o - 9 p Y c 6 at (651)-982-2426. > O A KN SALS 7. There are 359 marked or striped parking areas onsite. (351 regular, 8 handicapped) - PID� 24-31-22-14-0002 8. The surveyed premises has access to Otter Lake Road and Main Street, both public I I ' 1 streets. 832,279 S.F. (19.11 ACRES) <-� 9. Location of utilities existing on or serving the surveyed property determined by: I - I 1 P R I o T LL �'` N Observed evidence collected pursuant to Section 5.E.iv. N Markings requested by E.G. Rud and Sons per Gopher State One Call Ticket No. 1-1 201750411. I a 1i _ h .. I Z N Record drawings provided by the City of Lino Lakes engineering department. = N =L v 15 o W Excavations were not made during the process of this survey to locate underground - 15 �. In LL utilities and/or structures. The location of underground utilities and/or structures may I ° � I ' ,' . = O varyfrom locations shown hereon and additional underground utilities and/or structures w " i 5 P R I �TtL s / 7.4 - U- W 9 � may be encountered. Contact Gopher State One Call Notification Center at (651) ~ LU - - ° < � w I _ _ � � � Q 454-0002 for verification of utility type and field location, prior to excavation. I ° N89 3h55'E — — — — — — —� — — — — — — — — — — — — — — — — — — — — — — a < ! 5 .00 - N89°53'55"E 500.00 I a 10. Subsurface and environmental conditions were not examined or considered during the a — — — — — — — — — — f ' `� w _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — w < process of this survey. No statement is made concerning the existence of underground I W a or overhead containers or facilities that may affect the use or development of the _ �� ---- STORM WATER MANAGEMENT - ��\\_ ��` / 11 = o Y p w v - EASEMENT PER DOCUMENT - _ surveyed premises. o NO. 1995212.001 14/ 0 w O w I EXISTING BIORETENTION BASINS ARE SUBJECT TO r z F- 11. Commercial Partners Title, LLC, as issuing agent for Chicago Title Insurance Company, w = ------- DECLARATION FOR MAINTENANCE OF STORM WATER --- LLO z � FACILITIES PER DOC. NO. 1995212.002 Issuing Agent Commitment No. 57246, Schedule B-II Survey Related Exceptions: I U_ , w o v < c~n e' w LU 4. Easements or claims of easements not shown by the public records. w (Surveyor's Note: Visible Improvements have been located and are shown hereon. _ < - --- STORM STRUCTURE PER PLANS (NOT FIELD LOCATED) a Surveyor is unaware of any additional easements.) I o' I 11. Easement for street and utility purposes in favor of the City of Lino Lakes, a Minnesota municipal corporation, contained in Easement Grant dated December 26, 1996, filed November 24, 1997, as Document No. 1308846. I /' (Surveyor's Note: Said easement is shown hereon.) 12. Subject to Anoka County Highway Right-of-Way Plat No. 65 filed September 22, 2004, as Document No. 1958835. 0 (Surveyor's Note: Anoka County Highway Right-of-Way Plat No. 65 is shown << , hereon.) 13. Permanent easement for trail, drainage and utility purposes in favor of the Count of I r U 9 Yp p Y Anoka, a political subdivision of the State of Minnesota, contained in Quit Claim Deed �5P ° dated July 5, 2005, filed July 22, 2005, as Document No. 1976889.002. I _ s I o m 1 (Surveyor's Note: Said easement is shown hereon.) `e i Fo 14. Easements for ponding and flowage purposes being described as Easement #1 and I I ^'�� #2 in favor of the Rick Creek Watershed District, a body with powers pursuant to _ "z o = LU Minnesota Chapters 103B and 103D, and to its successors and assigns, contained in a o Q CF- Easement dated August 14, 2007, filed August 16, 2007, as Document No. I I FFI�� — FIELD ° o 1995212.001. FT (Surveyor's Note: Said easements are shown hereon.) _ _ _� Q z Ww (D SFr � I w = c0 15. Terms, conditions and obligations contained in Declaration for Maintenance of 4� _ _ �` � i w o m Stormwater Facilities dated August 14, 2007, filed August 16, 2007, as Document 4T _ — °— — FJ — — — — — — — — — — — — — ' — — — — zLU o No. 1995212.002. I _ EFIELD I O (Surveyors Note: Said stormwater facilities are shown hereon.) I I I � w o 0- POST 6X6 WOOD Z � — WETT��WET LU 16. Terms and conditions of and easements for bikeway, walkway, utility, drainage, snow _ �\ �\ i i— POST TEE F j storage and signage purposes in favor of the County of Anoka contained in Final 50 i ---� -------------- 207 ---------4---L------ w °' Certificate dated September 24, 2007, filed October 11, 2007, as Document No. I NEIGHBORING AGRICULTURAL FIELD CROSSES ��\ r ? V) N 1996421.009. I BOUNDARY LINE AS SHOWN. THIS AREA IS CURRENTLY I STORMWATER MANAGEMENT/ O = CJ Surve or's Note: The applicable permanent easements described in this document PLANTED WITH SOYBEANS, BY OTHERS. 1- EASEMENT PER DOCUMENT I LU w (Surveyor's y pp - ° ~ ~ NO. 1995212.001 % \� w are shown hereon. The temporary easements described in this document have I ILL I�L ° o expired.) I I ` -- 50 I I F 1 _ 662.87 tiolA p \��\ 2OIA980 N88055'54"E ------ THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST c�AFo I 8 PID: 24-31-22-41-0010 QUARTER OF THE NORTHEAST QUARTER OF SEC.24-T.31-R.22 V \� OWNER: LINO LAKES LLC \\ \� 50.01 ADDRESS:UNASSIGNED LEGEND. • DENOTES IRON MONUMENT FOUND AS LABELED O DENOTES IRON MONUMENT SET, MARKED RLS# 41578 N DENOTES WATER VALVE -4 DENOTES BRACE POLE OR GUY POLE DENOTES WET LAND O DENOTES BOLLARD 99 DENOTES SCHEDULE B-II EXCEPTION NO. BOUNDARY NOTE: ❑ DENOTES CATCH BASIN DENOTES ELECTRICAL BOX " X DENOTES FENCE DRAWN BY: CMB JOB NO: 200686AB DATE: 06/24/20 DENOTES RETAINING WALL The legal description provided places existing improvements across the easterly CHECK BY: JER FIELD CREW: RW/SS DENOTES ELECTRICAL MANHOLE boundary line as shown. Prior construction documents and current Anoka County > DENOTES EXISTING SANITARY SEWER 1 DENOTES FIBER OPTIC BOX mapping depict the east line of the parcel as the east line of the West Half of the 2 E DENOTES GAS METER » DENOTES EXISTING STORM SEWER Southeast Quarter of the Northeast Quarter, which would fit the improvement cV DENOTES GAS VALVE DENOTES EXISTING WATER MAIN locations as constructed. 3 DENOTES GUY WIRE OHU DENOTES OVERHEAD UTILITY NO. DATE DESCRIPTION BY � DENOTES HYDRANT DENOTES UNDERGROUND ELECTRIC LINE NORTH DENOTES LIGHT POLE DENOTES UNDERGROUND GAS LINE TE DENOTES UNDERGROUND TELEPHONE LINE eoQa SPIV DENOTES POST INDICATOR VAVLE `� DENOTES POWER POLE DENOTES BITUMINOUS SURFACE GRAPHIC SCALE O DENOTES SANITARY SEWER MANHOLE � � DENOTES CONCRETE SURFACE 50 0 25 50 100 200 HIM It INCm DENOTES SIGN EST.1977 professional Land Surveyors E S PIN No. 17-119-22-14-0008 DENOTES ADJACENT PARCEL OWNER INFORMATION DENOTES STORM SEWER MANHOLE AAddress:Unas Unassigned (PER ANOKA COUNTY TAX INFORMATION) 6776 Lake Drive N E Suite 11 O ❑T DENOTES TELEPHONE PEDESTAL 1 INCH = 50 FEET WWW.egrud.COf11 7 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 S:\RUD\CAD\20PROJ\200686AB\200686AB.DWG 200686A B -1 o 0 0 0 Main Street Site Data Michael Monn Architects THIS PROPOSAL IS FOR A REUSE OF THE EXISTING PARKING AREA TO THE SOUTH OF THE EXISTING BUILDING. 7933 GRINNELL WAY Property Line N 88°22'05"E 645.68' — — I ALL EXISTING PAVEMENT,CURB&GUTTER,LANDSCAPING AND SITE LIGHTING SHALL LAKEVILLE,MN 55044-9060 REMAIN AS EXISTING. P (612)247-5406 Existing I Monument I SITE AREA: 19.11 Acres (832,279 s.f.) E mike@michaelmonnarchitects.com 50 foot Building Setback Sign - - - - - - — — — — — I _ I I BUILDING AREA: 137,824s.f. _ - - - - - - - - - - - - - - - - r — — — — — _ _ ©2021 Michael Monn Architects I I I OCCUPANCY AREAS: Office 9,275 s.f. All rights reserved. Factory 88,040 s.f. Warehouse 28,820 s.f. This document is an instrument of Gymnasium(tenant) 11,689 s.f. service and is the proper tyy of Michael Monn Architects.,and may not be used or PARKING REQUIRED: Office 9,275 s.f.@ 1 space per 200 s.f. = 27 Spaces copied without prior written consent. Existing I Factory 88,040 s.f.@ 1 space per 2000 s.f. = 45 Spaces Light Pole I I Warehouse 28,820 s.f.@ 1 space per 2000 s.f. = 15 Spaces (Typical) i I I Gymnasium 11,689 s.f. Certification Existing Parking Lot I 20 spaces plus 1 per 200 s.f.over 2000 s.f. = 69 Spaces I hereby certify that this plan,specification 141 Stalls I I Total = 156 Spaces or report was prepared by me or under my direct supervision and that I am a duly I I I licensed Architect under the laws of the -9 "9"9 9'Q 9'qN I I PARKING PROVIDED North parking lot = 141 Spaces(including 8 Accessible spaces) State of Minnesota. South parking lot = 52 Spaces Total parking lot = 193 Spaces Truck I I 5/10/2021 Maneuvering I I Michael J.Monn Registration.No.:21772 Area I II ° I II I II I II I II I II _Existing Loading Dock I I Area I I I IX I I Glamos Wire � I 2300 Main Street 137,824 s.f. � I C5 I Existing O I Loading Dock Area nli Align fence w/ Align fence w/ o I building corner building corner Landscape Screening: Refer to Villa drawing for details I III - I � 11C! I 11 N l l I T I I l III Existing Parking Lot 16' gate to South Yard III w (52 Stalls) �I match fence (Remove 167 parking stalls) III N o �' II III v l ICD III z +' o o1 =- - - - - - - - - - - -- - -- - - --=- --=- --- - - - - - - - of II 8'tall white vinyl I I privacy fence I 1 Typical Fence SP1 Elevation View I I I II I III Revisions III 1 2021-05-10 City Comments II 2 � I 3 I 4 I II I II 5 ° I II 6 I II I II I I I Project Number 8'tall opaque white viny I I I 21109 privacy fence I I Dote I II _ II 2021-03-26 I II I I I Project I II Pavement I I I Glamos Wire I II 2300 Main Street I II III Lino Lakes, Minnesota 55038 I III ( 11 I I Sheet Title 1 Elevation - i /\ Site Plan - Typical panel view lit - 1 -0 111 - 60-0 Site Plan Fence - T Yp p I II I II I II II I I Sheet Number Property Line N 88°55'54"E 662.87' spi Proposed alternative of arborvitae maturing to 15 ft tall x 4 ft wide along south line for a more aesthetically pleasing border between the parking lot and woods. Y �{hU.vwccSSkw,k+7w,o x2;.lLw+ Along highlighted area proposing similar to this Current views from parking lot looking south ..1 Current view from road looking north Lino Lakes Mirine=a View of G Lql-:�h::C.S ti } �*. 47 j11j,�jjjjll,jjjjj A0 1116,11111, IP air,{ •• y• .��'M1 t.}Yl,'}�� 4 -'l Yi_K r= -= r _ — w .. ` rq in 7 � , o o g Ie - _ 9 2M 81ae& Ta of ' 1•�� �': r� - - ��. I7•pr�+r�',-�',{2+� '�'•x' Iry t` - - �� � U - .��r Ub S�I_t:'- :5y: I_ ''j I n r30 Kt4' a. �I n. v d - - { uq�7fa J I d ' ' � � +n t Sri.' � ':'.�'�;� ��#' '�'w' go-' � _ lam' �� y-•'cam' ' 4 .y I Lino Lakes,LIUMESIAD on Goowe IC as 16 t R 3 : I - C 2M Gm* Te of Ub,- Wpm a Po61em FPM IF rYrf.�l�_ 'I, 5w 'rul fff}, - - _ �� � ' ' '• .., � ,� � � .. �.�. fir, .. (+� PLANNING& ZONING BOARD AGENDA ITEM 7A STAFF ORIGINATOR: Kendra Lindahl, Landform P &Z MEETING DATE: June 9, 2021 REQUEST: Zoning Ordinance Update CASE NUMBER: N/A APPLICANTS: City of Lino Lakes OWNERS: Multiple BACKGROUND On March 8, 2021, the City Council authorized Landform to update the City's Zoning Ordinance and Zoning Map. This is one of the steps required to implement the 2040 Comprehensive Plan that was adopted by the City Council on November 9, 2020. On May 12, 2021, the P&Z Board kicked off this effort with a discussion of Planned Unit Developments (PUD). The P&Z had a robust discussion about the purpose and intent of PUDs and provided direction to staff about desired changes to the ordinance. We are working with staff to prepare a draft for the July meeting. ANALYSIS City staff prepared a summary of Zoning Ordinance changes to the General Provisions section needed to comply with State Law, eliminate inconsistencies in the document,better reflect City goals and make the ordinance easier to read and understand. This initial round of edits is intended to provide significant content changes proposed for discussion. Staff will likely continue to make refinements and we work through the process. In the full draft expected to be presented to P&Z in December, there will likely be more significant formatting changes and additional refinements to the text. Staff will continue to highlight those changes as we move through the process. We have prepared a redlined version of the changes for review. The redlined document is attached for your review and changes are shown by deleting the sere material and adding the underlined material. A few highlights: 1. The non-conforming use section has been revised for compliance with the 2009 changes to MN Statute §462.357, Subd.le. 1 2. The word"quadraminium" is not commonly used and has been replaced with the word townhouse. 3. Provided a consistent standard across districts for garage sizes. 4. Accessory buildings. Added language to note that no building permit is be required for detached accessory buildings containing 200 sq. ft. in gross floor area or less to be consistent with MN State Building Code. Such buildings will still require a Zoning Permit to ensure compliance with Code standards. Additionally, we have added a section to allow one detached accessory building under 120 square feet by right, which will not be counted against the total number of allowed accessory structures in the district. 5. Added standards for carports. 6. We added placeholders for definitions that will be added to the landscape standards. All definitions will be updated as part of the final round of edits this fall/winter. 7. Reviewed the parking standards and reformatted as a table to make it easier to read. 8. Added standards for private drives as a new Section 1007.046. This provides standards for private drives to distinguish them from public streets, provide clear standards and ensure that the homeowners association maintains them in perpetuity. 9. Changes the earth moving and land reclamation activities allowed by Section 1007.050 from a conditional use permit(which runs with the land) to an interim use permit(which includes a sunset clause). 10. Added new language for Wind Energy Conversion System (WECS) as Section 1007.059. this provides standards to allow WECS as an accessory use. 11. Added language for Model Homes and Temporary Real Estate Offices by administrative permit as a new Section 1007.060. These are common for large developments and this provides consistent standards. 12. Added language for Temporary Structures as a new Section 1007.061 for emergency use. This is typically a short term need when a structure is damaged and uninhabitable. It allows a temporary structure while the original structure is being rebuilt. 13. Added performance standards for motor fuel stations as Section 1007.062. 14. Added performance standards for daycare facilities as Section 1007.063. 15. Added language to allow Essential Services such as telephone lines,pipelines, electric transmission lines, substations, and accessories in Section 1007.064. This provides performance standards for these needed services. 2 The P&Z Board should review the draft language and identify any questions or concerns. Any recommended changes will be included in a future draft for review. There are several areas where staff did not make changes and would like the P&Z to consider some potential revisions: 1. Consider a change to Section 1007.043, (2)(a)3 (Building Type & Construction) to allow metal roofing as an acceptable material. Currently the code says, "Single family dwellings shall have at least a four/twelve (4/12)roof pitch and shall be covered with shingles or tiles or a standing seam metal roof." Staff would like to expand the language to add .. or other metal roofs as approved by the zoning administrator." Staff believes that there a number of high quality roof materials available and would like the ability for residents and businesses to use materials that meet the purpose and intent of this standards in this Section. A similar amendment was brought to the Council in 2020 and was not supported. 2. The draft includes WECS as an accessory use. Does the Board support this use? Should solar also be added as an alternative energy system? The City has allowed some solar arrays as an accessory structure but the City may want to formalize that in the Code. SUMMARY This is a first draft of the most significant changes to the General Provisions section. Staff will continue suggest additional revisions to format and content as we move through the ordinance revisions and will provide updates for Planning & Zoning Board review as we move through the process. The Planning &Zoning Board should review the draft changes recommended by staff and provide direction on any other desired changes. The direction will be incorporated into the full draft that will presented later this year. Our next meeting to review ordinance revisions is July 14"' and we intend to highlight revisions to the PUD standards based on the May discussion. RECOMMENDATION Provide direction to staff on the proposed General Provisions revisions. ATTACHMENTS 1. General Provisions (Section 1007.040 1007.064) with Redlines 3 3.General Provisions VI GENERAL PROVISIONS §1007.040 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. §1007.041 NON-CONFORMING USES AND STRUCTURES. (1) 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. (2)Provisions. (a) Any nonconformity,including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter,may be continued, including through repair,replacement,restoration,maintenance,or improvement,but not including expansion,unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year;or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value,and no building permit has been applied for within 180 days of when the property is damaged.In this case,the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. ( nonconforming principal structures shall not be expanded,enlarged or altered in a way which increases their nonconfonmity,but may be expanded,enlarged or altered,if the expansion,enlargement or alteration fully conforms to existing dimension requirements of the Zoning and other city ordinances and regulations.Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding,a nonconforming structure may be reconfigured if,in the discretion of the city, such reconfiguration would lessen the nonconformity,abate nuisances,and protect the public health,safety and welfare. 3-1 3.General Provisions VI LL_Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.The City may,by ordinance,permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health,welfare,or safety.This subdivision does not prohibit the City from enforcing an ordinance that applies to adults-only bookstores,adults-only theaters,or similar adults-only businesses,as defined by ordinance. (b)(d) A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity (c)--Notwithstanding paragraph(a),the City shall regulate the repair,replacement, maintenance,improvement,or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements,provided that: 1. all structure and septic system setback distance requirements can be met; 2. a Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080,can be installed or the lot is connected to a public sewer;and 3. the impervious surface coverage does not exceed 30 percent of the lot. 3-2 3.General Provisions VI §1007.042 GENERAL PARCEL,LOT AND YARD PROVISIONS. (1) Lot of Record. 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. (c) Any substandard sewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance,provided its area,width, and depth meet seventy(70)percent of the minimum requirements of the zoning district and all required setbacks can be adhered to. (d) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance provided that: 1. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this Ordinance. 2. It can be demonstrated that the lot can accommodate the proposed principal structure,onsite well if the public water system is not available,and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with MN Stat.7080 and other applicable requirements. 3. The lot has direct frontage on an improved public street which has been accepted for maintenance by the City of Lino Lakes. 4. All building and site improvements adhere to all required setbacks. (2) Unsewered Lots. (a) Except as provided for in§1007.042(1)(d),and§1007.042(2)(b)of this Ordinance,the minimum unsewered lot size within any zoning district is ten(10)acres. (b) Where the following conditions exist,a lot of a minimum of one acre may be created, provided that: 1. A habitable single family home has been constructed prior to July 13, 1992;or 3-3 3.General Provisions VI 2. There exists a habitable single family home constructed after July 13, 1992,and the creation of a new lot is needed to provide seeufity to a third pafty lending institution for awnef finaneing of the existing habitable single family home. The following conditions shall apply to any lot created hereunder: 3. The new lot that has a minimum area of one acre contains an existing habitable home, and 4. The balance of the property is ten(10)acres or more,and 5. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land,not including road right of way, electrical transmission line easements or pipeline easements,and 6. Both the one-acre-minimum lot and lots made from the remaining land must meet all minimum lot requirements and provide for meeting setback and other structure requirements,and 7. It can be demonstrated that all unsewered lots can accommodate the proposed principal structure,onsite well if the public water system is not available,and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with Minn. Stat.7080 and other applicable requirements. 8. For lots ereated tinder . herein,the applieapA making a r-e"est for-a!at split base upon requirements of a leading insti—tion shall providde.;.A.4i4pan ve,44fireation from the leader of su r-eVir-efnefi�s at the time the applie4ion is filed. County reeefder-a eevenant that pfahibits the 4ansfer ef any lots er-eated under this seetion unless the ,;amp,i.,;onmhined into one par-eel 10.6th the halanee of the owner2s property from w-hieh it was spli eonveyanee by a lending institution"o has aequir-ed title as a result of a mertgage for-eelest],-e. (c) Two family dwellings and multiple family dwellings are not allowable uses upon unsewered lots. (d) 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. (3) Minimum Let,4rea�egui�erreent� 3-4 3.General Provisions VI (a) Ahnimum LotArva Per LWi. The, let area per- etp-ement for-single family, two and multiple family residential dwellings shall eenfefm to the applieable zeakig district....,.visions: ..-hies,the,a..oil:.g is i,eatea (b)LeLBuildable Area. 1. Within zoning districts with a minimum lot size requirement of less than ten(10) acres, the required minimum lot area shall be buildable land, as defined by this ordinance and exclusive of utility transmission easements. 2. Within zoning districts with a minimum lot size requirement often(10)acres or more, a minimum of twenty(20)percent of the lot area must be contiguous buildable land, as defined by this ordinance. (4)(3) Building Placement and Multiple Structures. (a) 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. ) Principal Buildings. Except in Commercial, Industrial and Public/Semi-Public zoning districts, where allowed by Conditional Use Permit, and in an approved planned unit development that specifically allows it,provided for in§1007.024 of this Ordinance,not more than one(1)principal building shall be located on a lot. (c) Lot Combination.When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum zoning district area and frontage requirement and/or are required to accommodate the use,the lots shall be combined in accordance with the City's Subdivision Ordinance,prior to the issuing of a building permit. (d) Street Easements. In the case of properties which abut street easements, applicable setbacks shall be determined by the Zoning Administrator and related to roadway classification as identified in the Lino Lakes Comprehensive Plan. (e) Outlots. Outlots are deemed unbuildable and no building permit shall be issued for such properties,except that permits for fences may be issued. (1})Lfl Lot Frontaize. Except as otherwise allowed by propegy subdivision, each lot shall have frontage and access directly onto an abutting,improved and City-accepted public street.An existing lot of record(vacant or for redevelopment)that does not have frontage and access directly onto an abutting,improved and City accepted public street shall require approval of a conditional use permit prior to issuance of any building permits (Ord No.05-19,passed 04-08-2019) 3-5 3.General Provisions VI {3)(4) Yards,and Setbacks. (a) Setbacks. 1. 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. 2. Front Setbacks. Where principal buildings on adjoining lots existed at the time of adoption of this Ordinance have a lesser setback from that required, the required front yard 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. 3. 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. (b) Permitted Yard Encroachments. The following shall not be considered as encroachments on setback requirements subject to other conditions provided herein: 1. All Yards. a. Flag poles, sidewalks, wheelchair ramps, name plate signs, 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§1007.043(6)of this Ordinance. These b. Posts, flues,belt course,bay windows, leaders, sills,pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, cantilevers, ornamental features, open fire escapes extending from the principal structure,provided they do not project more than three(3) feet into a required setback. c. Uncovered porches, decks, balconies, stoops, patios, or similar features provided: i. The decking shall not extend above the height of the floor of the ground floor level of the principal structure though railings may be higher,and ii. They shall not extend to a distance less than five(5)feet from any side or rear lot line,and 3-6 3.General Provisions VI iii. They shall not extend to a distance less than twenty(20)feet of any lot line abutting a street,and iv. They shall not extend to a distance less than one(1)foot from any existing or proposed access drive,and V. d. 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 provided they maintain a five(5)foot setback from the side and rear lot lines. eAir conditioning or heating equipment,provided they are at a distance of five (5)feet from any rear lot line and ten(10)feet from any side lot line. No,.4;er,.,.,.w.;ent AaN be permitted in existing or required drainage and titility easeffien4s. e,f. No encroachment shall be permitted in existing or required drainage and utility easements for any of the uses listed in this section (c) Zero Lot Line Subdivision. 1. Townhomes and Apartments. If existing townhouses or apartment units not on separate unit lots are to be subdivided on an individual unit or condominium basis for owner occupancy,-it shall require a planned unit development according to the provisions of§1007.024 of this Ordinance. 2. Subdivision of Two Family orTownhouse Lots. The subdivision of base lots containing two family dwellings or townhouse 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: a. Prior to a two family dwelling or a quadfaminium townhouse 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 Ott townhouse 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. 3-7 3.General Provisions VI 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 into two (2) or more commercial or industrial unit lots to permit individual private ownership of a portion of a single commercial or industrial structure is acceptable subject to the approval of a planned unit development.A property management and maintenance agreement shall be required as regulated by§1007.024 of this Ordinance. 3-8 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-9 3.General Provisions VI §1007.043 GENERAL BUILDING AND USE PROVISIONS. (1) 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 living quarters, temporarily or permanently,except as approved in emergency casesdwel .it. (2) Building Type and Construction. (a) Single Family Dwellings. All single family detached dwellings i the p,r: X,a ', R 'v�a.d R 2 DiStr-iets-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 State 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. 23. Each dwelling unit shall include,at a minimum,a double garage that is a minimum of 20 feet in width and 440 square feet in size. 374_Single family dwellings shall have at least a four/twelve(4/12)roof pitch and shall be covered with shingles or tiles or a standing seam metal roof. 4.5_All single family structures must be built in conformance with Minnesota Statute 327.31 to 327.35 of the State Building Code as adopted in the State of Minnesota. -5-.6_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 dimension no greater than twelve(12)inches. Sheet metal siding shall not be permitted in such districts. (b) Two Family and Townhome Design and Construction Standards. 1. Unit Width. The minimum width of a two family or townhome dwelling unit shall be twenty-four (24) feet. Minimum floor area per unit shall be established within the zoning district. 2. Unit Construction. a. Building elevations and floor plans shall be furnished illustrating exterior building materials and colors to demonstrate compliance with §1007.043 (2)(b)2.d. of this Ordinance. Building floor plans shall identify the interior storage space within each unit. 3-10 3.General Provisions VI b. Decks or Porches. Provision shall be made for possible decks,porches, or additions as part of the initial dwelling unit building plans. c. Minimum Overhang: In case of gable roof, a minimum eighteen(18) inch roof overhang,soffit shall be required for all dwelling unit building plans. d. Exterior Building Finish: The exterior of townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhome dwelling structures shall comply with the following requirements: i. A minimum of twenty-five(25)percent of the combined area of all building facades of a structure shall have an exterior finish of brick,stucco and/or natural or artificial stone. ii. Except for brick,stucco,and/or natural or artificial stone,no single building facade shall have more than seventy-five(75)percent of one type of exterior finish. iii. For the purpose of this section, the area of the building facade shall not include area devoted to windows,entrance doors,garage doors,or roof areas. 3. Storm Shelter. In cases where dwelling units are constructed slab on-grade, provisions shall be made to provide for storm protection either internally to the unit or in a separate storm shelter structure. Compliance with this requirement shall be based upon Federal Emergency Management Agency(FEMA)guidelines and standards which are on file with the City Building Official. 4. Outside Storage. Outside storage shall be allowed only in designated areas which are screened in accordance with§1007.043(17)of this Ordinance and under the ownership of the property owners'association subject to other applicable provisions of this Ordinance. 5. Garages. a. Each dwelling unit shall include, at a minimum, a double garage that is a minimum of 20 feet in width and 440 square feet in sizegafa-ge. b. Gar-ages shall eomply ivith the,44011ellvi - . . . 1 standards: e. Dwellings With Basements. Foiir htindred foi4y(4 4 0)square feet. d. Dwellings Withoti4 Basements.Five hued fiartyT540)scare feet. width.e-. Gafages shall be a minimum of twenty(20)feet ift 3-11 3.General Provisions VI 6. Utilities. a. Public Utility Service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. b. Sewer Connection. Where more than one(1)unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owners' association or owners. 7. Homeowners'Association. A homeowners' association shall be established for all townhouse, three and four plex multiple family and townhome developments subject to review and approval of the City Attorney. The homeowners' association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications,landscaping,snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one(1)individual property owner having interest within the development. (c) Multiple Family Apartments Construction Standards: 1. The exterior of multiple family dwelling structures shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition,multiple family dwelling structures shall comply with the following requirements: a. A minimum of thirty-three(33)percent of the combined area of all building exterior walls of a structure shall have an exterior finish of brick,stucco,and/or natural or artificial stone. b. For the purposes of this section, the area of the building facade shall not include area devoted to windows,entrance doors,garage doors,or roof areas. (d) Commercial, Industrial, and Institutional. All buildings erected on land within commercial,industrial and public and semi-public zoning districts,and all institutional buildings (such as public, education,and religious buildings)in residential and rural zoning districts shall conform with the following: 1. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to§1007.043(2)of this Ordinance. 2. Exterior wall surfaces may be a combination of materials including brick,stucco, EFIS(exterior finish insulation system),textured,colored or decoratively finished pre-cast or poured-in-place concrete panel,textured concrete masonry units,natural stone,manufactured stone,transparent,tinted or low-reflective glass,or decorative metal cladding. 3-12 3.General Provisions VI 3. Stucco or EFIS shall constitute no more than thirty(30)percent of the primary, front building elevation,and no more than sixty(60)percent of any side or rear building elevation. Stucco or EFIS shall not extend closer than three(3)feet to the ground plane. 4. Decorative metal cladding refers to decorative,metal cladding systems such as copper,zinc,titanium,stainless steel and painted steel components fixed to the outside of the primary wall system. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system,or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited. 5. Buildings shall have a well-defined base,middle and top.The base should appear visually distinct from the middle and top part(cornice)of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band, an awning,or similar techniques. 6. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil,vegetation,etc. Such colors are limited to various shades or tints of brown,black,gray,tan,beige,brick red,soft green,soft blue,or white. 7. Ten(10)percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. 8. All mechanical equipment,such as air handling units located anywhere on the property,including rooftop equipment,shall be screened from view from adjacent streets,public rights of way,and adjacent properties. 9. Where a site abuts a residential property,the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property. (e) 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. 3-13 3.General Provisions VI c. The City is notified of any change of structure ownership, removal or modification. d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed. (f) Completion of Exterior Improvements. 1. All exterior improvements of a structure, or portion thereof, to single family dwellings,multiple family dwellings of twelve(12)units or less,or any structure accessory to a residential use shall be completed in accordance with City-approved construction plans within one hundred eighty(180)days after the date the City issued the building permit. 2. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve(12)units or any commercial,industrial,office,institutional or non- residential structure shall be completed in accordance with City-approved construction plans within one(1)year after the date the City issued the building permit. 3. In all cases,the compliance deadline shall be upheld unless: a. The process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule,as amended,which would extend the completion date beyond those listed in paragraphs 1.and 2.above;or b. A written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. 4. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs 1.and 2.above(Ordinance No.01-08),the time period for the limits begins with the effective date of the amendment establishing the time limits. (3) Height. (a) Exceptions. The building height limits established herein for districts shall not apply to the following: 1. Farm structures. 2. Church spires not exceeding 60 feet in height. 3. Belfries not exceeding 60 feet in height. 4. Cupolas not exceeding 60 feet in height. 3-14 3.General Provisions VI 5. Windmills. 6. Solar energy devices. 7. Chimneys and smokestacks. 8. Flag poles mounted on a building. 9. Non-commercial television and radio antennae,and satellite dishes. 10. Parapet walls extending not more than four(4)feet above the limiting height of the building. 11. Elevator penthouses. 12. Cooling towers/water towers. 13. Lighting structures for public outdoor recreational fields not exceeding eighty(80) feet in height. 14. Lighting structures for public hockey rinks not exceeding sixty(60)feet in height. (b) 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: 1. 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. 2. The site is capable of accommodating the increased structure size. 3. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. 4. Public utilities and services are adequate. 5. 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. 6. The construction does not limit solar access to abutting and/or neighboring properties. A shadow study shall be required illustrating shadow encroachment on adjoining properties. 3-15 3.General Provisions VI 7. The provisions of§1007.016 of this Ordinance are considered and satisfactorily met. (c) Obstructions. In the case of any proposal to construct or alter a structure which will exceed a height of two hundred (200) feet above ground level of the site, or any proposal to construct or alter a structure to a height of greater than an imaginary surface extending upward and outward at a slope of one hundred to one(100:1)from the nearest point of the nearest runway of a public airport, the applicant shall notify the Commissioner of the Minnesota Department of Transportation in writing of the plans at least thirty(30) days in advance of making applicable permit requests to the City. The applicant shall provide the Zoning Administrator with any comments received from the Commission of the Minnesota Department of Transportation as part of the required applicable permit request. This local reporting is in addition to any Federal permitting and review processing which may be simultaneously required. (4) Accessory Buildings and Structures. (a) General Provisions. 1. 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, except in the case of agricultural buildings on agriculture land as defined by State Statute 273.13, Section 23, as amended. 2. A building or portion thereof used for an accessory use, other than home occupation,shall be considered as an accessory building. 3. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R-X, and R-BR Zoning Districts, provided the accessory building is set back at least one hundred(100)feet from the street right-of- way. 4. 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. 5. Accessory structures may be constructed within public and private utility and drainage easements provided that: a. No accessory structure shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. b. No footings or foundation shall be placed within the easement. 3-16 3.General Provisions VI c. The entire structure,including any base material,must be designed to be easily moved if deemed necessary by the city. d. Removal of an accessory structure or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. 6. In Rural and Residential districts,Gazebos that are attached to the dwelling by a raised deck,porch,or patio shall not be counted towards the maximum area or number of accessory structures allowed on a site, so long as the sides of the gazebo remain at least 50%,though the open areas may be covered with screens. 7In Rural and Residential districts, Fabric structures are considered an accessory structure and are therefore counted towards the maximum area and number of accessory structures allowed on a site. -7-.8. No Building Permit shall be required for detached accessory buildings containing 200 sq. ft. in gross floor area or less. Such building(s)will require a Zoning Permit and shall comply with all applicable regulations set forth in this chapter. (b) Sport Courts. In all Rural and Residential districts, the following standards shall apply to outdoor sport courts,whether temporary or permanent: 1. A building permit shall be required for all private residential sport courts. 2. An application for a building permit or a conditional use permit shall include a site plan showing the following along with all required information: a. The size,shape,pavement and sub-pavement materials. b. The location of the court. c. The location of the house, garage, fencing, septic systems and any other structural improvements on the lot. d. The location of structures on all adjacent lots. e. A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court. f. Landscaping and turf protection around the court. g. Location of existing and proposed wiring and lighting facilities. 3. Sport courts shall not be located closer than ten(10)feet to any side and rear lot line. Sport courts shall not be located within any required front yard or side yard abutting a street. 3-17 3.General Provisions VI 4. Sport 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. 5. Solid sport 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. 6. Chain link fencing surrounding the sport court may extend up to twelve(12)feet in height above the sport court surface elevation. 7. Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. Lighting shall meet the requirements of §1007.043 (6). (c) Carports. 1. Carports shall comply with all regulations for accessory structures as set forth in this Chapter, and with the regulations set forth in this subsection. 2. Carports shall be used for the parking of vehicles(includes recreational vehicles), and shall not be used for the storajze of household or personal items, lawn equipment, furniture, parts, and the like. The exception is that refuse containers and stacked,ftrewood may also be key under a carport(attached or detached)that is located in a side,rear,or equivalent.yard. 3. Carports shall not exceed 300 square feet in area. 4. The eave line(or lowest sloped roo section if there is no eave)for a carport shall be at least seven feet in height,but shall not exceed 10 feet in height. Carports with flat roofs shall be at least seven feet in heijzht, but shall not exceed 10 feet in height. (OtdLSwimming Pools. 1. 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: a. A building permit shall be required for any swimming pool with a capacity of over five thousand(5,000)gallons and with a depth potential of thirty(30")inches. b. An application for a building permit shall include a site plan showing the type and size of pool,location of pool,location of house,garage,fencing and other improvements on the lot,location of structures on all adjacent lots,location of filter unit,pump and wiring indicating the type of such units,location of back-flush and drainage outlets,grading plan,finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring,utility easements,trees, similar features, and location of any water heating unit. 3-18 3.General Provisions VI c. 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 in front of the principal building or within any accessory structure setback. d. 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. e. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type. f. Pools shall not be located within any private or public utility, walkway, drainage or other easement. g. In the case of in ground pools,the necessary precautions shall be taken during the construction to: i. Avoid damage,hazards or inconvenience to adjacent or nearby property. ii. Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion,dust or other infringements upon adjacent property. h. All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. i. Lighting for the pool shall be directed toward the pool and not toward adjacent property. j. A structure at least four(4) feet in height shall completely enclose the pool. This structure can be safety fencing of a non-climbable type. Pool walls that are at least four(4) feet in height above finished grade fulfill this requirement. k. 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. 1. All wiring,installation of heating units,grading, installation of pipes and all other installations and construction shall be subject to inspections. in. Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures. n. All swimming pools for which a building permit is required 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. 3-19 3.General Provisions VI i. 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 non-corrosive 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. 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. ii. When an above-ground pool has vertical or outward inclined side walls that are at least four (4) feet above finished grade, these fencing requirements do not apply. However,if no fencing is constructed,the ladder must be removable or there must be a lockable access to the ladder. o. 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. p. 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,if available. q. Drainage of pools directly into public streets or other public drainageways shall require written permission of the Zoning Administrator. 2. Multiple-Family, Commercial and Public Developments. For private swimming pools which are intended for and used by the occupants of a multiple-family dwelling and the guests of the occupants,or for private and public clubs and organizations,the following regulations shall be met in addition to those listed for single and two family dwellings provided in§1007.043 (4)(c)1.above: a. No part of the water surface of the swimming pool shall be less than fifty(50) feet from any lot line. b. No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than fifty(50)feet from any lot line. c. The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening,including but not limited to landscaping,shall be placed between the pool area and adjacent lot lines. d. All deck areas,adjacent patios,or other similar areas used in conjunction with the swimming pool shall be located at least thirty(30)feet from any lot line. e. To the extent possible,back-flush water or water from pool drainage shall be directed onto the owner's property. 3-20 3.General Provisions VI (d)LeLHouseboats. Houseboats are considered accessory structures for purpose of applying this Ordinance and shall comply with the following standards: 1. Any object that floats which has sleeping accommodations and facilities for preparing food shall be defined as a houseboat. 2. 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. 3. Each houseboat shall have one (1) off-street parking space within four hundred (400)feet of the access to the docking of such houseboat. 4. 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. (e)f�'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. (f)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. WfhLRoadside Stands. Seasonal,temporary roadside stands for the sale of agricultural products shall be permitted if: 1. They are located in a zoning district which makes a specific allowance for such use;and 2. They are located upon the lot on which the produce is grown. 3. They are erected at least sixty(60)feet back from the nearest edge of the roadway surface;and 4. Adequate parking space is provided off the road right-of-way and safe vehicular access and movements are assured. (h)(i1Domestic Animal Shelters. Structures dedicated to the housing of domestic animals are considered accessory structures for the purpose of applying this Chapter and shall comply with the following standards: 3-21 3.General Provisions VI 1. The keeping of animals is allowed in accordance with the provisions of Chapter 503. 2. If all Animal Shelters on a property do not exceed a total of 64 square feet in area,then they shall not be counted towards the maximum number and size of accessory buildings. 3. Animal shelters are limited to a maximum of 60 inches in overall height. If a shelter exceeds 60 inches in height,it is not allowed the exception to accessory building number and size in paragraph 2. (i)aRural 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. For the purposes of this section,lot size for metes and bounds properties shall include roadway easements. 1. One detached accessory building not to exceed 120 square feet is allowed on each property.This structure shall not count toward the total number of allowed accessory structures. -172_Twenty (20) Acres or Greater. (R, R-X, R-BR, R-1, R-IX—,R—E-C, and PSP Districts) a. No maximum combination of accessory building(s) and garage(s) size requirement. b. Metal buildings and pole barns acceptable. c. Fabric or vinyl canopy structures acceptable. d. No maximum height requirement. e. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation,whichever is greater. 20. Ten(10)to Less than Twenty(20)Acres. (R,R-X,R-BR,R-1,R-1X4, z- C,and PSP Districts) a. The combination of accessory building(s)and garage(s) shall not exceed the greater o£ i. Ten thousand(10,000)square feet,or ii. 1.85%of the lot area,not to exceed fifteen thousand(15,000)square feet. b. Total allowable accessory building space shall be limited to the following: 3-22 3.General Provisions VI i. One(1)attached garage and ii. Three(3)detached accessory structures. c. Metal buildings and pole barns acceptable. d. Fabric or vinyl canopy structures acceptable. e. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation,whichever is greater. f. Building height shall not exceed base district requirement. 374_Five (5) to Less than Ten (10) Acres. (R, R-X, R-1, R-IX-,R--E-O, and PSP Districts) a. The combination of accessory buildings and garages shall not exceed the greater of: i. Five thousand(5,000)square feet,or ii. 2.21%of the lot area,not to exceed ten thousand(10,000)square feet. b. Total allowable accessory building space shall be limited to the following: i. One(1)attached garage and ii. Three(3)detached accessory structures. c. Metal buildings and pole barns acceptable. d. Fabric or vinyl canopy structures acceptable. e. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation,whichever is greater. f. Building height shall not exceed base district requirement. 4.5_Less than Five Acres. (R,R-X,R-1,R-1X,-R--L-O,R-2,R-3,R-4,R-6,R-7, and PSP Districts) a. The combination of accessory buildings and garages shall not exceed the greater of: 3-23 3.General Provisions VI i. One thousand two hundred(1,200)square feet,or ii. 3.75%of the lot area,not to exceed five thousand(5,000)square feet. b. Total allowable accessory building space shall be limited to the following: i. One(1)attached garage and one(1)detached structure,or ii. Two(2)detached accessory structures. c. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to ninety(90)percent of the size of the house foundation,whichever is greater. d. Twenty(20)foot maximum height. e. No metal sheet/panel siding with vertical orientation except upon tool sheds less than one hundred fifty(150)square feet in area. Metal horizontal lap siding is acceptable. f. Fabric or vinyl canopy structures acceptable. g. Roof and exterior color and material compatible with home (except manufactured tool shed). (j)JaCommercial and Industrial Zoning Districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the commercial and industrial zoning districts: 1. Except in Commercial, and Industrial zoning districts, where allowed by Conditional Use Permit,and in an approved planned unit development that specifically allows it, provided for in §1007.024 of this Ordinance not more than one (1) accessory building shall be allowed not to exceed four hundred(400)square feet except when intended for storage of buses (Ord No.05-19,passed 04-08-2019) 2. Building setbacks shall not exceed base district requirement. 3. Building height shall be limited to twelve (12) feet maximum except when intended for storage of buses per§1007.043(2)(b)2.of this Ordinance. 4. Metal buildings and pole barns are prohibited. 5. Roof and exterior color and material shall be compatible with the principal structure. 3-24 3.General Provisions VI 6. Accessory buildings on commercial/industrial sites shall be limited to typical accessory storage uses, no auxiliary commercial/ industrial use shall be allowed within an accessory storage building. 7. Site and building plan review shall not be required for accessory building construction as an accessory building that meets the requirements listed herein shall be considered a minor project for the purposes of§1007.019(1)of this Ordinance. 8. Accessory buildings shall not be located within an easement. 9. If the principal building is expanded to cover more of the lot, the accessory building shall be removed if the intended need no longer exists. 10. Building permits shall be required as regulated by the State Building Code. (5) Refuse and Recyclable Material. (a) 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. (b) Location and Screening. 1. 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. 2. Commercial,Industrial,Institutional,Residential With More Than Four(4)Units. a. 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. b. Exterior Storage. Exterior storage of refuse and recyclable material shall require the following: i. Exterior wall or fence treatment shall be similar and/or complement the principal building. ii. 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. 3-25 3.General Provisions VI iii. The trash and/or recycling enclosure must be in an accessible location for pick up hauling vehicles. iv. 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. v. All dumpsters,recycling bins,handling equipment,and enclosures shall be approved by the Zoning Administrator 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 Community Development Department. All designs and construction of trash enclosures shall be subject to the Building Official's approval. (6) Outdoor Lighting. (a) Purpose. It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night time safety,utility,security and productivity. (b) Exemptions. The provisions of this section shall not apply to the following: 1. This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons. 2. This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions. 3. Lighting required by a government agency for the safe operation of airplanes,or security lighting required on government buildings or structures. 4. Emergency lighting by police,fire,and rescue authorities. (c) Non-Conforming Uses. 1. Existing Fixtures. All outdoor lighting fixtures existing and legally installed prior to the effective date of this Ordinance are exempt from regulations of this section but shall comply with the Ordinance requirements for glare as follows: a. 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 zone or from the public streets. Direct or sky-reflected glare,where from flood lights 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. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right- 3-26 3.General Provisions VI of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1)foot candle(meter reading)as measured from the right-of-way line of said street. Any light or combination of lights which cast light on residential property shall not exceed four-tenths (0.4) foot candles(meter reading)as measured from said property. 2. New Fixtures. Whenever a light fixture that was existing on the effective date of this Ordinance is replaced by a new outdoor light fixture,the provisions of this section shall be complied with. (d) Intensity. No light source or combination thereof which cast light on a public street shall exceed one(1) foot candle(meter reading)as measured from the right-of-way line of said street nor shall any light source or combination thereof which cast light on adjacent residential property exceed four-tenths(0.4)foot candles(meter reading)as measured at the property line per the method outlined in§1007.043(6)(e)of this Ordinance. (e) Method of Measuring Light Intensity. The foot candle level of a light source shall be taken after dark with the light meter held six(6)inches above the ground with the meter facing the light source. A reading shall be taken with the light source on,then with the light source off. The different between the two readings will be identified as the light intensity. (f) Performance Standards. 1. Residential/Public/Semi-Public District Standards. hi all residential and public, semi-public districts,any lighting used to illuminate a structure,an off-street parking area,or other area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: a. The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined by this Ordinance. b. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way,unless part of a permanent or decorative fixture. 2. Business/Industrial District Standards. Any lighting used to illuminate a structure,an off-street parking area,or other area shall be arranged so as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: a. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety(90)degrees or less. b. Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in§1007.043(6)(d)of this Ordinance. 3-27 3.General Provisions VI c. Architectural/historical light fixtures that feature globes that are not shielded, or lighting of entire facades or architectural features of a building may be approved by the City Council. In no case shall the light affect adjacent property in excess of the maximum intensity defined in§1007.043(6)(d)of this Ordinance. d. The maximum height of the fixture and pole above the ground grade permitted for light sources is thirty (30) feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located,unless allowed by conditional use permit. e. Location. i. The light source of an outdoor light fixture shall be set back a minimum of ten(10)feet from a street right-of-way and five(5)feet from an interior side or rear lot line. ii. No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by administrative permit. f. Hours. i. The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one(1)hour after closing, except for approved security lighting. ii. All illuminated on-premise signs for advertising purposes shall be turned off between 12:00 AM and sunrise except that said signs may be illuminated while the business facility on the premise is open for service. g. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. 3. Outdoor Recreation. Outdoor commercial or public recreational uses such as,but not limited to, baseball fields, football fields, hockey rinks, and tennis courts have special requirements for night time lighting.Due to these unique circumstances,an administrative permit shall be required for commercial and public outdoor recreational use lighting systems which do not comply with the regulations of this section. a. No outdoor recreation facility whether public or private shall be illuminated after 11:00 PM,except for required security lighting. b. Off-street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for business or industrial applications as found in§1007.043(6)(f)2. of this Ordinance. 3-28 3.General Provisions VI c. The provisions for an administrative use permit,§1007.019 of this Ordinance, are considered and satisfactorily met. (g) Submission of Plans. All applications,except single family residential,that include outdoor lighting must include evidence the proposed outdoor lighting will comply with this section. The application shall contain the following information, in addition to other required information: 1. Site plans indicating the location on the premises of all illuminating devices, fixtures,lamps,supports,reflectors,and other lighting devices. 2. Description of the type of illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices(angle of cutoff). The description shall include,but is not limited to,catalog cuts by manufacturers and drawings(including sections where required). 3. Photometric plans illustrating the light emissions, and illumination field of the proposed site lighting. (7) 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 7009-5, as amended. (8) 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 70095,as amended. (9) 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 700-59, as amended. (10) 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. (11) Sewage Disposal. Where allowed,the installation of on-site sewage treatment systems shall be in compliance with the provisions of the State Building Code and applicable State and City codes. (12) 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. 3-29 3.General Provisions VI (13) 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. (14) Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. (15) Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. (16) Exterior Storage. (a) Rural and Residential Zoning Districts. 1. Exceptions. All personal property in a rural or residential zoning district 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: a. Laundry drying. b. Non-vehicular recreational equipment. c. Home heating fuel tanks. d. Stacked firewood. e. Construction and landscaping materials or equipment currently (within a period of twelve(12)months)being used on the premises. f. Agricultural equipment and materials,if these are used or intended for use on the premises. g. Off-street parking of licensed passenger automobiles and-pk4c-W trucks in designated driveway or parking area, surfaced in compliance with §1007.044(3)(h)16 of this Ordinance. h. Licensed motor vehicles per§1007.044(11). i. Refuse and Recyclable Materials per§1007.043(5). (b) Commercial,Industrial and Public/Semi-Public Zoning Districts. 1. Exterior Storage. Exterior storage shall be governed by the respective zoning district in which such use is located. 3-30 3.General Provisions VI 2. Screening. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following: a. Merchandise being displayed for sale in accordance with zoning district requirements. b. Materials and equipment currently being used for construction on the premises. 3. Within an industrial zoning district,the exterior storage of semi-trailers accessory to the principal use may be allowed by conditional use permit according to §1007.120 and §1007.121. Semi-trailers connected to semi-tractors queuing for loading or unloading shall be considered truck parking and be exempt from the outdoor storage conditional use permit. (c) All Zoning Districts. 1. 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. 2. 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. (17) Required Screening,Landscaping,and Buffer Yards. (a) Purpose. To establish landscaping and tree preservation standards to promote high quality site development,compatibility of uses,biodiversity,tree preservation,and to enhance the health,safety and general welfare of the residents of the community. 1. Definitions. For the purpose of the Landscaping,Screening and Tree Preservation Standards,the following definitions shall apply: BASIC USE AREA. Area dedicated to site's use,including buildings,parking, loading,driveways,streets,outbuildings,trash enclosures,utilities,landscaping,and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. BIODIVERSITY. The variety,distribution and abundance of living organisms in an ecosystem. DAMAGE. Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery,changing the natural grade 3-31 3.General Provisions VI above the root system or around the trunk,destruction of the natural shape or any action which causes infection,infestation or decay. DBH. Diameter at breast height,typically measured at 4'-6'above the ground. DETENTIONAREA. Area of a detention pond from the normal water level and up the side slopes to 10'offset from the high water level. DISTURBANCE. Any construction,development,removals,earth movement, clearing or other similar activity. DRIP LINE. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. ENVIRONMENTALLP SENSITIVE AREA(ESA). Commented[KS1]:Need definition. FOUNDATIONLANDSCAPE ZONE. An area located within 15'of the building INVASIVE SPECIES. A plant non-native to the local ecosystem which exhibits,or has the potential to exhibit,uncontrolled growth and invasion or alteration of the natural functions of any native habitat. LARGE SHRUB. Large shrubs have a mature height over 6'. LARGE TREE. Over story deciduous trees with a mature height of at least 40'. MEDIUMSHRUB. Medium shrubs have a mature height of 3'-6'. MEDIUM TREE. Deciduous trees with a mature height over 18'and up to 39'. NATURAL RESOURCE PROTECTED AREA. NATURAL RESOURCE CONSER VA TION AREA. NATURAL RESOURCE CORRIDOR ENHANCEMENT AREA. REMOVAL. Actual removal or effective removal through actions resulting in the death of a tree. ROOT PROTECTION ZONE. A protected area around an existing tree established by offsetting the drip line 5'away from the tree center. SCREEN. A barrier that hinders sight and,potentially,access. 3-32 3.General Provisions VI SMALL SHRUB. Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials,ornamental grasses and groundcovers to fulfill landscape standards. SMALL TREE. Understory deciduous trees with a mature height of 18'and under. TREE. Any self-supporting woody plant,growing up the earth with one trunk of at least 3"dbh,or a multi-stemmed trunk system with a definitely formed crown. UNDESIRABLE TREE. Trees that are dead,diseased,structurally weak,invasive or trees that are hazardous to people,infrastructure or buildings. VEHICULAR HARDSCAPE. Areas covered with hard surface intended for vehicles,including but not limited to off-street loading spaces,parking lots,driveway,drop-offs, and drive through facilities. (b) Landscaping Standards. New residential platted subdivisions,mixed use, commercial,institutional and industrial uses shall be subject to the landscaping standards unless specifically excepted.The landscape standards have been divided into five categories:Canopy Cover,Foundation Landscape,Open Areas Landscape,Buffer and Screen,and Boulevard Trees. Projects shall comply with the applicable requirements of all five categories. (c) Canopy Cover Standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall,protect pavement from sun deterioration,reduce the heat island affect,and improve aesthetics.Canopy cover requirements do not apply to single family residential development,multi-family residential development without surface parking other than individual unit driveways and permitted exterior storage areas in Industrial Districts. 1. The required minimum canopy coverage for all uses is 40%. 2. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape(Square Feet)x Canopy Cover Percent=Required Minimum Canopy Cover(Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum.Pervious pavements are considered 50%hardscape. 3. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 years after planting.The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Assigned Canopy Cover Value 3-33 3.General Provisions VI Interior Within less 7'-12'from parking lot than 7'of vehicular Planting Location islands vehicular hardscape (for new trees) hardscape edge edge Assigned Canopy 100%of the 50%of the 25%of the Coverage Value canopy square canopy canopy footage square square footage footage c 950 SF(or 1200 SF in Large Tree 600 SF 300 SF $ islands of 3 or a ea more trees .00 Medium 500 SF 250 SF 125 SF Tree � U � rA Small Tree 250 SF 125 SF NA Existing Tree: 1900 SF 950 SF NA 6—12"dbh Existing Tree: 2850 SF 1425 SF NA 12+"dbh r tatoette�ma��do.tair.� ]MVe YIX.5 ca ddd0- � i [xavi vanae.See taropr[orera" Trees s vo&Aied by haMd pe on 3 r sides are 1aM1ed at 100%Lar w T with ices ea plendq soil dldile of tlts iNaM are renuirM ro mxt solr YOl reVujr t,V a grated bed. JTees i.inte ar idands arc slued at 100%Grq y 4. Existing trees maybe used to fulfill canopy coverage,as described in§1007.043 (17)(h),when the drip line has proximity to the edge of the hardscape;therefore,existing trees do not need to be within less than 7'feet of the vehicular hardscape edge. 3-34 3.General Provisions VI (d) Foundation Landscape Standards. The purpose of these standards is to soften and enhance building architecture,define access points,add color and seasonal interest,and to blend buildings in with the natural environment. Foundation Landscaping Standards do not apply to single family residential development. 1. The foundation landscape planting standards are described in the following table: Foundation Landsca a Standards Per 100 linear feet(LF)of Building* Location Trees and Shrubs Front and 2 large 6 large Public/Private Street 2. Rounded to the nearest tenth,with a minimum factor of one. 3. Round all calculations to the nearest whole number of plants. 4. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the standards difficult to meet. 5. Existing trees may be used to fulfill the Foundation Landscape Standards as described in§1007.043(17)(h). 6. Smaller landscape materials may be substituted at the following rates: 1 Large Tree= 1.5 Medium or 2 Small Trees 1 Large Shrub=1.5 Medium or 3 Small Shrubs 7. The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge. 8. Trees planted within 30'of the building shall be considered-within the foundation landscape zone (e) Open Areas Landscape Standards: The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas,such as cul de sac islands,boulevard medians,storm water management areas,common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone,vehicular hardscape area or the building footprint. Open Area landscaping standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards. 1. The open areas planting standards are described in the following table: 3-35 3.General Provisions VI Open Areas Landscape Standards Trees and Shrubs Per 2000 SF* 1 large 3 large *Rounded to the nearest tenth,with a minimum factor of one. 2. Round all calculations to the nearest whole number of plants. 3. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas.The City may require specific tree species in locations where water levels vary. 4. Existing trees may be used to fulfill Open Areas Landscape Standards as described in§1007.043(17)(i). 5. Smaller landscape materials may be substituted at the following rates: 1 Large Tree= 1.5 Medium or 2 Small Trees 1 Large Shrub=1.5 Medium or 3 Small Shrubs 6. Areas that are included in a project-specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. (f) Buffer and Screen Standards: The purpose of this requirement is to separate and buffer different land use types,screen roads and parking,and screen utility and loading areas. The location of buffers and screens are listed below,while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards. 1. Required screen location,height,and materials are described in the following table: Landscape Screen Location,Height and Materials Required Required Screen Materials Location Screen Height Between a parking lot and . Yearr-011"d,.onti flux.... public right of way or 30 inches planting screen in accordance sidewalk with paragraph(f)2. Or • A combination of berm and screen in accordance with paragraph 2. 3-36 3.General Provisions VI Required Required Screen Materials Location Screen Height Between residential uses . Year nd eont' ^ and planting screen in accordance arterial or collector road with(f)2. Between any development Or and 6 feet . Wall or fence and plantings adjacent,less intense, shall provide shrub cover for residential land uses 50%of the wall or fence on (this includes across a the exterior side street-from residential) Or but not on the side of a use • A combination of berm and considered to be the front year round eentinuatis screen (as determined by the in accordance with paragraph Zoning Administrator) (f)2. Between loading/service area and public view Outdoor Storage Yards • A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the 8 feet exterior side. t its ate,^."^�^�on the City Getffieil may appr-&w th^^o^.^;a^.a^...7,^-0 th O_ aff-eeted property line adjoins another industrial prepe.. 2. All eenl:.,.ous yeaf found-planting screens shall require at a minimum a double row of plants with triangulated spacing.See illustration. Planting plans shall include species which are sized to appropriately screen visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3'on center;medium shrubs shall be planted at a maximum interval of 4'on center;and large shrubs shall be planted at a maximum interval of 6'on center unless;otherwise authorized by the City. 3. A wall or fence intended to provide a continuous year round screen shall block visibility completely. 3-37 3.General Provisions VI 4. In addition to the shrub cover required in the table above,-all screens shall be planted with large trees every 50 LF,medium trees every 35 LF,or small trees every 25 LF or some combination thereof,along the length of the screen. 5. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the standards. 6. Berms shall be irrigated,have maximum side slopes of 3:1,and have no less than four(4)inches of topsoil. 7. Permanent walls and fences shall be offset by a minimum of Tat intervals of 75'maximum length for stability and visual relief.See illustration. 17 Q,7-P 8. Approved permanent wall/fence materials shall include wood,metal,masonry, concrete stone,or other prefabricated and/or sustainable materials. Non-decorative concrete block is prohibited for screening walls: rock face block or other decorative material is required for masonry walls.Chain link fences with slats are prohibited for screening walls. 9. Maintenance of the required buffer strip planting and/or fence shall be the responsibility of the individual property owners or,if applicable,the homeowners association. (g) Boulevard Tree Standards: 1. Boulevard Trees shall be required in all new residential subdivisions. 2. Boulevard trees are required at the rate of one tree per lot frontage for single family and two family lots. Townhome and Multi-family properties shall provide boulevard trees at a rate of 1 tree per 70 linear feet of road frontage where property fronts any public road. 3. Boulevard trees shall be planted within 14 feet of the curb line or as otherwise determined by the City Forester. 4. Existing trees may be used to fulfill boulevard tree standards at the City's discretion. 5. The City may,at its discretion,purchase and install the required boulevard trees. In such case the City shall collect a standard fee per tree. Said fee shall be established by the City Council and based on the estimated market rate cost to purchase and install trees within the development site. (h) Sod and Ground Cover. All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of four(4)inches of topsoil and be sodded 3-38 3.General Provisions VI including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 1. Seed may be provided in lieu of sod in any of the following cases: a. Where the seed is applied to future expansion areas as shown on the approved plans. b. Where the seed is applied adjacent to natural areas or wetlands. Seed mixture shall be approved by the City. c. For single-family and two-family residential properties,proper erosion control measures shall be implemented and maintained until vegetation is established.Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer. 2. Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. 3. Areas designated as open space or future expansion areas properly planted and maintained with native grasses or wild flowers indigenous to Minnesota. Seed mixture shall be approved by the City. 4. Use of mulch materials such as bark,wood chips and decorative rock in support of shrubs and foundation plantings. 5. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota,planted and maintained on any occupied lot or parcel of land,setback a minimum of 20 feet from the front property line and/or side property line abutting a public street,as part of a garden or landscape treatment. (i) General Landscaping Standards: 1. All lot areas not used for off-street parking,off-street loading,sidewalks, driveways,building sites or other requirements shall be landscaped with grass,shrubs,trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in§1007.043(17)(o). 2. Commercial,industrial,public/semi-public,institutional,and multi-family residential uses shall be required to submit a site landscape plan,in accordance with§1007.020, Site and Building Plan Review,for approval by the city prior to issuance of a building permit. 3. Desirable existing trees may be used to fulfill Canopy Cover,Foundation Landscape and Open Areas Landscape standards if applicable by placement. Desirable existing trees are valued according to the following table: 3-39 3.General Provisions VI Existing Tree Value deciduous deciduous deciduous trees trees under trees between over 12"DBH Tree Size 6"DBH or 6"-12"DBH or evergreen evergreen or evergreen , trees under trees between trees over 20 12'tall 12'-20'tall tall. Tree 1 large tree 2 large trees large trees Value 4. Plantings may be grouped if part of an approved landscape plan. 5. Standards may be met with different sizes of trees and shrubs. 6. New trees may fulfill Canopy Coverage,Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. 7. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30%of the drip line area is disturbed during the construction process. 8. The City may allow flexibility in landscape standards if there are conflicts with solar power,wind power,water harvesting,food production or other innovative measures proposed for the site. 9. The landscape plan shall be compared to all applicable CPTED(Crime Prevention Through Environmental Design)standards and reviewed by the police department. 10. Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. 11. Turf slopes in excess of three to one(3:1)are prohibited. 12. Commercial,industrial multi-family,public/semi-public and institutional uses shall install irrigation systems to ensure survivability of landscape materials. 0) Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation,while not interfering with landowners'reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical.Unless specifically excepted,tree preservation and mitigation standards apply to all plats,site plans,conditional use permits,interim use permits,grading,building,and other activity that requires a city permit or approval. 3-40 3.General Provisions VI 1. Tree preservation and mitigation standards are described in the following table: Tree Preservation and Miti ation Standards Tree Tree Location:not within Location: Basic Use Area within Basic Use Area Environmentally deciduous deciduous deciduous Sensitive Area trees 6"dbh trees 6-12" trees over (ESA)Category and over or dbh or 12"dbh or evergreen evergreen evergreen trees between trees trees over 12'-20'tall between 20'tall 12'-20'tall Non-ESA provide provide no mitigation one tree two trees per required per tree tree removed removed Natural Resource provide provide provide Conservation Area one tree per two trees three trees or Natural Resource four trees per tree per tree Corridor removed removed removed Enhancement Area Natural Resource provide one provide provide Protected Area tree per two two trees three trees trees removed per tree per tree removed removed 2. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at the discretion of the City. 3. Trees with thirty percent(30%)of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. 4. Undesirable trees are not subject to the Tree Preservation and Mitigation Standards. 5. On existing lots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring,the removal of trees is not subject to tree preservation and mitigation standards. 6. Replacement trees shall be planted on site. 7. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion,the City may accept the fee for planting trees 3-41 3.General Provisions VI within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. (k) Landscaping Guidelines and Technical Specifications: The selection,installation and maintenance of all planting materials shall be in accordance with the City's Landscaping Guidelines and Technical Specifications Manual. (1) Tree Survey: 1. A tree survey is required for all property that contains a deciduous tree greater than 6"dbh or an evergreen tree greater than 12'tall. 2. The tree survey shall be the basis for the tree preservation plan,tree mitigation standards,and the use of existing trees to fulfill landscape standards. 3. The tree survey shall provide the following information: a. In the basic use area and other areas where tree removal is proposed,for all deciduous trees over 6"dbh and all evergreen trees greater than 12'tall: i. tree species ii. size iii. location iv. drip line v. tree condition b. The location of the combined drip lines of all tree stands designated for preservation on the development property c. On adjacent properties,the drip line of deciduous trees over 6"dbh and evergreen trees greater than 12'tall where the drip line is within 5'of the development property. 4. For a new plat or new Planned Unit Development,the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet. 5. For a building permit for a new structure on an existing lot,the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure,the tree survey information may be provided in an informal medium that sufficiently conveys the information. 3-42 3.General Provisions VI 6. At the City's discretion,the tree survey requirement may be waived under the following circumstances: a. Deciduous trees greater than 6"dbh or evergreen trees greater than 12'tall will not be removed and are not likely to be impacted by construction. b. Deciduous trees greater than 6"dbh or evergreen trees greater than 12'tall will only be removed within the basic use area and the basic use area is not an ESA. (m) Tree Preservation Plan: 1. A tree preservation plan shall be required for all soil disturbance activities where Tree Preservation and Mitigation Standards apply.A tree preservation plan shows how the Tree Preservation and Mitigation Standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. 2. The tree preservation plan shall be based on the tree survey. 3. If a tree survey shows that no desirable deciduous trees over 6"dbh or evergreen trees greater than 12'in height on the development property or adjacent properties are near the construction area,the City may waive the tree preservation plan requirement. 4. A tree plan shall identify: a. The basic use area. b. The disturbance area. c. Tree size(dbh),species,condition,location,and root protection zone(5'out from the drip line)for all deciduous trees over 6"dbh or evergreen trees greater than 12'tall to be preserved,or; d. The combined root protection zone of all stands of trees designated for preservation,whichever is applicable. e. Location and type of tree protection fence. f. Staging areas. g. Temporary construction access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation. i. Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester. 3-43 3.General Provisions VI ii. Temporary access roads shall not exceed twenty-five(25)feet in width and shall be delineated by snow fencing or safety fencing. iii. An eight(8)inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the root protection zones from compaction. h. Concrete washout areas. i. Existing and proposed grading. j. The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees. k. Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. i. Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. ii. If a natural resource management plan has been approved for the site,the tree preservation plan shall be in accordance with said plan. iii. See City Code Chapter 1011,Stormwater and Erosion and Sediment Control,for other construction related requirements. 5. The following shall occur prior to soil disturbance: a. The tree preservation plan shall be approved by the City. b. Fencing and all tree protection measures shall be installed and inspected by the City. c. Erosion control measures shall be installed and inspected by the City. d. All required financial securities have been submitted. e. Any required development agreement has been approved. (n) Tree Preservation during Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. 1. Tree protection fencing shall be installed and maintained 5'out from the identified drip line of the trees(Root Protection Zone)prior to soil disturbance. Fencing shall be a minimum of 4'high and of a highly visible material,such as snow fence or polyethylene 3-44 3.General Provisions VI laminar safety netting,and must be standing throughout the construction process. Cut roots with clean,pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the Root Protection Zone. 2. Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. 3. No actions that may harm the health of the tree,including but not limited to construction,traffic,compaction,storage of equipment or materials including soil,grading,or concrete washout areas may occur in the Root Protection Zone. 4. Trees damaged by construction,or with more than thirty percent of the roots disturbed,shall be counted as removed and mitigated at applicable rates. 5. Tree protection measures shall remain in place until all grading and construction activity is terminated. (o) Final Inspection: Prior to the issuance of a certificate of occupancy,the project developer,builder,or representative shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However,the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: 1. If winter weather will prevent healthy planting practices,a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the fifteenth of June the following spring. 2. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod,provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. (p) Non-Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan,it shall inform the property owner or,if applicable,the homeowners association,regarding the non-compliance and describe,in writing, the steps needed to bring the property into compliance within a reasonable timeframe,not to exceed sixty(60)calendar days. (q) Performance Security: The City may require performance security to ensure conformance with the requirements of this chapter. 1. The performance security shall extend for two(2)years from the date of planting. The form of the security(cash,letter of credit,or other form)shall be determined by the City. 3-45 3.General Provisions VI 2. If after notification of non-compliance the property owner or,if applicable,the homeowners association fails to achieve the compliance within sixty(60)calendar days,the City may exercise its authority to use the performance security to address compliance. (18) Fences and Walls. Fences and walls shall be permitted in all required yards subject to the following: (a) Permit Required. It is unlawful for any person hereafter to construct or cause to be constructed or erected within the City,any fence or wall without first making an application for and securing a permit. (Ord No.06-19,passed 04-09-2019) (b) Certificate of Survey. An application for a fence or wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions,the location of existing buildings, structures,and easements on the lot,and the location of the proposed fence. At the discretion of the City, a final plat detail of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. (c) Location. All fences or walls shall be located entirely within the private property of the person,firm,or corporation constructing or causing the construction of such fence. 1. No fence or wall shall be permitted on public rights-of-way. 2. Traffic visibility requirements set forth in §1007.042 (5)(a)3. of this Ordinance shall be satisfactorily met. 3. No fence or wall shall obstruct natural drainage. 4. Fences or walls may be constructed within public and private utility and drainage easements provided that: a. No fence or wall shall be located within a drainage or utility easement without written permission of the City Engineer and the filing of an encroachment agreement. b. Removal of a fence or wall or a portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. (d) Construction and Maintenance. 1. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. 3-46 3.General Provisions VI 2. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger,or constitute a nuisance,public or private. Any such fence or wall which is or has become dangerous to the public safety,health or welfare is a public nuisance,and the City shall commence proper proceedings for the abatement thereof. 3. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or wall considered to be the face shall be oriented toward abutting property. 4. Fences which are ninety(90)percent open(barb wire,chain link,woven wire,and other similar type fences)which are for the sole purpose of containing farm animals within a rural zoning district are not subject to the provisions of this Ordinance and do not require ^ buildin pemiAbut require a zoningpermit prior to construction. Chain link fences shall have round steel parts and braces. 5. Retaining walls (such as masonry construction) greater than fogy- eight (48) inches in heiaht,including buried portions,shall require a building permit. When utilized,tiered retaining walls shall be separated by a horizontal landing not less than three(3)feet in width. Solid height shall be prohibited. When u4ilized,tiered retaining walls shall be separated by a herizon4a! landing not loss than thfoe(3)feet in width. (e) Access. All fences or walls shall be provided with a gate which affords reasonable and convenient access for public safety. (f) Residential District Fences or Walls. All residential district fences or walls shall be placed within the property being fenced. 1. Fences or walls may be located in any yard up to a height of four(4)feet. 2. Except as prohibited by§1007.043 (18)(f)3.below, a fence or wall up to six(6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines,and then along the side lot lines and the rear lot line(see Diagram 6.b). 3. Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four(4)feet. For the purpose of this section,the front and side yards of the abutting lot shall be as defined in this Ordinance rather than as related to the orientation of the house(see Diagram 6.c). 4. Residential Fences or Walls Height Exceptions. 3-47 3.General Provisions VI 5. Fences for sport courts may be up to twelve(12)feet in height with ten(10)foot setback. 6. Residential boundary line fences or walls may be erected to a height of eight(8) feet along a property line abutting a commercial,industrial,or semi-public use or zoning district. 7. Wire fence other than chain link shall not be permitted as boundary line fences within five(5)feet of the property line in residential zoning districts. 8. Electrical and barb wire fences are prohibited in residential zoning districts. 4'fence 4'fence allowed allowed street right of way street right of way . ...... s ■ •� t : s r t 6'fence : r c allowed 6'fence e allowed / \ I e t r g i h g t } It t 0 f 0 f w a w y a y FD'igram 6.b. (g) Comm rci Industrial ISWOrWWO or�Sge D c) 1. A fence or wall not exceedin four 4 feet in heiLyht ma be erected in anv vard- 2. A fence or wall not exceeding eight(8)feet in height may be erected parallel to the front lot line from a front corner of a principal building to a side lot line that is not adjacent to a street. 3-48 3.General Provisions VI 3. A fence or wall not exceeding ten(10)feet in height maybe erected on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front facade of a principal building would intersect with a side lot line extending to the rear property line. 4. Should the rear lot line be common with the side lot line of an abutting lot,that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four(4)feet. f FENCES OR WALLS IN BUSINESS AND I 10'fence INDUSTRIAL ZONES allowed II 8'fence allowed Diagram 7 abc E...................... ...................E 4'fence street right of way allowed 5. Within commercial and industrial and public/semi-public zoning districts,barbed wire may be attached to the tops of fences or walls with the following conditions: a. Fences or walls must be a minimum of eight(8)feet in height exclusive of the security arm. b. The security arm must be angled in such a manner that it extends only over the property of the permit holder. c. Wire security fencing shall not be permitted within the required front yard or along a property line abutting a residential use. (h) Public and Semi-Public District Fences or Walls. Fences or walls 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 per §1007.043(18)(g)5.of this Ordinance. 3-49 3.General Provisions VI §1007.044 OFF-STREET PARKING (1) 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. (2) 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. (3) General Provisions. (a) 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. (b) 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§1007.041 of this Ordinance,except that in so doing, any off-street parking or loading which existed must be retained. (c) 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. (d) 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. (e) Accessible Parking. All parking associated with any building,structure or use shall be required to conform to the disability accessible parking standards pursuant to Minnesota Statutes 168.021,as may be amended. (f) Use of Parking Facilities in a Residential District. Except as allowed under §1007.044(11),off-street parking facilities accessory to a residential use shall be utilized solely for the parking of passenger automobiles, recreational vehicles, and/or one truck not to exceed eleven thousand seventy-five(11,075)pounds gross weight rating for each dwelling. (g) Calculating Space. 1. 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 when floor plans are submitted that identify net usable floor area of the building exclusive of ancillary 3-50 3.General Provisions VI floor areas that do not generate parking demand(e.g., stair wells, hallways, restrooms, closets, utility rooms). 2. 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. 3. In gymnasiums,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. 4. 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. 5. In hospitals,bassinets shall not be counted as beds. (h) Stall,Aisle and Driveway Design. 1. Parking Area Standards. Parking areas and the aisles shall be developed in compliance with the following standards: Angle of Curb Stall Stall Stall Aisle Width Parking Stall Length Length Depth Depth One Two Width Per Car Wall to Interlock Way Way Aisle to Aisle 900 9101, 9101, 18'0" 18,0" 18,0" 24'0" 24'0" 750 9101, 9'6" 18'0" 20'8" 19, 101, 21'6" 23'0" 600 9101, 10'5" 18'0" 21'0" 19, 101, 18'0" 22'0" 450 91011 12'9" 18'0" 191101, 17' 10" 15'0" 22'0" 00 9101, 22'0" 22'0" 9101, 9101, 12'0" 24'0" 3-51 3.General Provisions VI of w m a ¢ Ld D of U ai A-Angle of Parking E LF--►{ G E -Stall Width A Ii C-Curb Length R \\ per Car B MD D-Stall Length E-Stall DepthF-Aisle Width G-Overlap ' H-Overhang 2. 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 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. 3. 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. 4. Street/Alley Access. Except in the case of single,two family and;townhouse a qeadrami 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 and;townhouse, and ,,..a.......:..:.. dwellings,parking area design which requires backing into the public street is prohibited. New residential subdivisions shall be designed to limit direct lot access onto any street shown as a collector or arterial roadway on the City's Transportation Plan. 3-52 3.General Provisions VI 5. 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. 6. Curb Cut/Driveway Access Location. a. No curb cut/driveway access shall be located less than thirty(30)feet from the intersection of two(2)or more local or minor street rights-of-way. This distance shall be measured from the intersection of lot lines. Curb cut/driveway access setbacks from the intersection of streets with higher functional classifications shall be consistent with the recommendations of the Comprehensive Plan and require approval by the City Engineer. i. Street functional classification shall be defined by the Lino Lakes Comprehensive Plan. ii. The setback measurement shall be measured from the edge of the street right-of-way to the nearest edge of the curb cut. iii. Driveways onto arterials and major collectors shall be prohibited where alternative street access is available. For existing lots of record,where alternative access is not available,direct access onto arterial and major collectors may be permitted,provided a site plan is submitted for review and approval of the City Engineer. Approval is also subject to the conditions of this Ordinance. b. Curb cut/driveway access on a public street except for single,two family,and townhouse dwellings shall not be located less than forty(40)feet from one another. c. 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 shared driveway shall include a maintenance and access agreement. d. A single-family lot in a residential zoning district shall not have more than one driveway accessing a public street. 7. Curb Cut/Driveway Width. No curb cut shall exceed twenty-six(26)feet in width within a rural or residential zoning district,or thirty-six(36)feet in width if the property is in a commercial, industrial, or public/semi-public zoning district, as measured at the street right-of- way line unless approved by the City Engineer. The driveway associated with such curb cut may increase in width at an angle not greater than forty-five(45)degrees. 3-53 3.General Provisions VI I I I I I I I I I Driveway may increase at an gle I of not greater than 45 degrees I � I I I I - I 45 o' I I ' I I ' I 26 ROW line Curb Cut Width At ROW line: curb 26 ft.Max.or 36 ft.Max.if Commercial 8. Emergency Vehicle Access. a. 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 Slope one hundred(100)horizontal hundred(100)horizontal. feet. Minimum Ten(10)foot wide driveway Twenty(20)feet driveway Width base. Vegetation should be base or as approved by cleared to eight(8)feet on community engineer. each side of driveway centerline from the roadway to the front property line. b. 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. 3-54 3.General Provisions VI c. 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. 9. Grade Elevation. Excepting driveways for single family and two family dwellings,the grade elevation of a parking area shall not exceed five(5)percent. 10. Striping. Except for single,two family,townhouse,-townhouse, and green parking lots,all parking stalls shall be marked with white or yellow painted lines not less than four(4)inches wide. 11. Lighting. Any lighting used to illuminate an off-street parking area shall be arranged as to reflect the light away from the adjoining property. All exterior lighting shall comply with§1007.043(6)of this Ordinance. 12. Curbing and Landscaping. Except for single, two family, townhouse and townhouses,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,plantings or screening shall be provided in all areas bordering the parking area. 13. geoaeeiiing. When aparking-afea of six 6)spueeso�reis adjacent to street or residential mea,a befm,wall,or-fenee not less than fi�(4)feet in height shall be ereeted along the par4c4ng area to sereen he.-Adlights. &ass or plantings shall oeoupy the spaeo between the �g.I 44.13. Parking Lot Landscaping. a. All exposed parking areas of six (6) or more required spaces shall be landscaped on all sides in compliance with§1007.043(17)of this Ordinance. b. Within off-street parking facilities for,.,....w.erei..1 uses of fifty(50)or more stalls,irrigated landscaped islands or peninsulas or rain gardens shall be provided at a rate of one hundred(100)square feet per twenty-five(25)surface stalls or fraction thereof. Such islands or peninsulas shall be contained within raised,curbed beds consistent with other applicable parking lot construction requirements of this Ordinance.It is not the intent of this section to relieve a project of the installation of islands or peninsulas that are necessary to promote the safe and efficient flow of traffic,regardless of parking lot size. c. No landscaping or screening shall interfere with drive or pedestrian visibility for vehicle entering,circulating or exiting the premises. 3-55 3.General Provisions VI 14. Cart Storage. Retail commercial uses that have customer service carts shall be required to provide ample space for the storage of carts within off-street parking areas, subject to the approval of the Zoning Administrator. The need and specific amount of required cart storage space shall be detennined as part of site plan review. When required, cart storage areas shall not occupy required off-street parking space, shall be clearly delineated, and shall include facilities for cart confinement. 4-6715. Surfacing All driveways, approaches, sales lots, and parking areas, shall be hard surfaced using concrete, asphalt or equivalent materials as approved by the City Engineer. a. In Commercial,Industrial and Public and Semi-public zoning districts the city may allow up to 25 percent of the required parking stalls be provided as green parking with a turf surface supported by a city approved parking lot sub-base and a turf-guard fabric. b. In Rural and Residential zoning districts, on lots one acre in size or greater, driveways,approaches,and parking areas shall be surfaced with asphalt,concrete,class 5 gravel or other surfacing material as approved by the City Engineer. (Ord No.07-18,passed 06-11-2018) (4) 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. (5) Location. All accessory off-street parking facilities required by this Ordinance shall be located and restricted as follows: (a) 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§1007.044 (8) and §1007.044(9). (b) Spaces accessory to one and two family dwellings shall be located on the same lot as the principal use served. (c) 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. (d) 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. 3-56 3.General Provisions VI (e) 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. (f) Off-street parking shall meet the setback standard of the respective zoning district. (g) In the case of single family dwellings which lie upon lots smaller than one(1)acre, two family and; townhouse and ,.....a....w.:.,:., dwellings, parking shall be prohibited in any portion of the front yard except designated 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§1007.044(3)(h)116.of this Ordinance. (6) 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: Use Number of Spaces Required Single Family and Two-Family 2 spaces per unit. Dwellin s Boarding House/Accessory At least 1 parking space for each person for whom sleeping Apartment accommodations are provided Townhome,Townhouse,Manor 2 and 1/4 rent-free spaces per unit.In projects involving 8 or Home,Multiple Family more units,the City may require additional clustered guest Dwellings,and Mobile Homes parking spaces based upon calculation of required demand. within Mobile Home Parks Elderly(Senior Citizen)Housing Reservation of area equal to 1 parkin space pace per unit. Initial development is,however,required of only a 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. Rest Home,NursingHome,ome, 1 space for each 6 beds based upon maximum design Convalescent Center,or capacityyplus 1 space for each 2 employees. Institution Hospitals 2 spaces for each bed. Schools,Elementary and Junior 1 space for each classroom plus 1 additional space for each High 300 student capacity,plus 1 space for each employee,plus 1 space for each 4 seats in auditorium. High School and Colleges 1 space for each classroom plus 1 additional space for each 7 students based upon maximum design capacity. 3-57 3.General Provisions VI Church,Theater,Auditorium At least 1 parking space for each 3 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance. Community Centers,Libraries, 1 space for each 300 square feet of floor area in the principal Private Clubs,Lodges, structure. Museums,Art Galleries Day Care Facilities Day care facilities serving 14 or fewer persons: 2 spaces per unit. All other day care facilities: 1 space per teacher on the largest shift,plus 1 space per 5 students/children based on maximum capacity of the facility. Office Buildings,Veterinary 3 spaces plus at least 1 space for each 200 square feet of Hospitals,Professional Offices floor area. and Medical Clinics Financial Institutions,Banks, 4 spaces for every 1,000 square feet. Savings and Loan Health Club 1 space per 2 exercise stations(e.g.,strength machine or cardiovascular)plus 1 space per employee on the largest shift plus additional parking for ancillary uses(e.g.,gyms, auditoriums,offices,restaurants). Retail Store and Service At least 1 off-street parking space for each 200 square feet of Establishment floor area. Shopping Centers 5 and 1/2 spaces per each 1,000 square feet of gross leasable floor area exclusive of common areas . Retail Sales and Service At least 8 spaces or 1 space for each 200 square feet devoted Business with 50 Percent or to public sales or service,plus 1 space for each 500 square More of Gross Floor area feet of storage area. Devoted to Storage,Warehouses and/or Indus Restaurants,Cafes,Private 10 spaces for each 1,000 square feet of dining room,plus 1 Clubs Serving Food and/or space for each employee of the maximum work shift. Drinks,Bars,On-Sale Nightclubs Fast Food Restaurant 15 spaces per 1,000 square feet of gross floor area. Motels,Motor Hotels,Hotels 1 space per each rental unit plus 1 space for each 8 units,and 1 space for each employee on any shift. Laundromats 6 spaces per 1,000 square feet of floor area. 3-58 3.General Provisions VI Motor Fuel Station At least 4 off-street parking spaces plus 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.Parkin at fuel pumps shall not be allowed to satisfy the parking requirements. Auto Repair 2 spaces per serving bay:the service bay is not a parking space. Motor Vehicle Sales Lot 4 spaces per 1,000 square feet gross sales and office floor area of the building plus 1 space per each 2,000 square feet of gross land area. Auto Wash/Commercial Car 1 space per employee plus:Drive through: 10 stacking Wash spaces. Self-service: 1 stackingspace pace per wash bay.Motor Fuel Stations: None in addition to that required for the principal use. Garden Supply Store,Building 8 off-street parking spaces,plus 1 additional space for 800 Material Sales in Structure square feet of floor area over 1,000 square feet. Private Racquetball,Handball Not less than 6 spaces per each court. and Tennis Courts hidoor Sports Arenas,Private 20 off-street parking spaces,plus 1 additional off-street Skating Rink,Dance Hall,or parking space for each 200 square feet of floor space over Public Auction House 2,000 square feet. Golf Driving Range,Miniature 10 off-street parking spaces plus 1 for each 100 square feet Golf,Archery Range of floor space of building. Golf Courses 4 spaces per hole,plus 50 percent of the requirements for any other associated use. Bowling Alley 5 spaces for each alley plus additional spaces for related uses. Funeral Undertaking At least 20 parking spaces for each chapel or parlor,plus 1 Establishment parking space for each vehicle. Aisle space shall also be provided off the street for making up a funeral procession. Electrical and Television Repair 4 spaces per 1,000 square feet of floor area. Woodworking Shop 1 space for each employee plus 1 space for each 1,000 square feet of gross floor area. Contractors'Offices,Shops and 2 spaces for each employee. Yards Light Manufacturing 1 space for each employee or 1 space for each 2,000 square feet of gross floor area,whichever is reg ater. 3-59 3.General Provisions VI Warehousing,Storage of That space which is solely used as office shall comply with Handling of Bulk Goods the office use requirements and 1 space for each 2,000 square feet of floor area,and 1 space for each company owned truck(if not stored inside principal building 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 building,We of use,number of employees,expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. (a) Twe(2)spaeesper-unit. per-seii for-whom aeeemmodatiefis afe provided for-sleeping. Agmes within Mobile Heme Parks. At least two and one fow4h(2 1,14)fent ffee Spa6es pef unit. In pr-ejeets kwelving eight (8) or more units, the G4y may r-eVir-e additional eluster-ed guest pafkifig spaees based"an ealeulatieii of required demand. per unit. initial development is,however-,required of only one half(1,12)spaee per unit and said numbef of spaoe--,,-; S-an e-,n-4#i4wp-until sued;tiffi-e-,�Fls the City couneil ex-asideams-FI -for-Fid-d-ition-Al (e) Rest Home; xwfisiffg Home; C-Offtwlegeent Gentei� oF Institution. One(1)spaee fe eaeh six (6) beds based iipon maximum design eapaeity, plus one (1) spaee for eaeh two (2) (f) Hospitals. Two(2)spaces for eaeh bed. (1) additional spaeo for- eaeh thfoe hundred (300) student eapaoity,plus one (1) spaeo feF eaeh employee,plus one(1)spaeo for-eaeh four(4)seats in auditorium. (h) High Sehool and GeHeges. One(!)spaee&reaeh elassr-eamphis one(!)additional spaeo&r-eaeh seven(7)students based upon mwEimuni design eapaeivy. (i) Chur-eh, Theater-,Auditorium At least one(1)parking spaeo for-eaeh tIffee(3)seats eenjenetion with stieh buildings or uses shall be subjeet to additional requifemen4s whieh are imposed by this llyd-in ee' 3-60 3.General Provisions VI (k) Day Care Faedities. 2. 411 other c�ear-g fasrkties One (1)spaeo per teacher-on the!aFgest shift,plus Three(3)spaees plus at least one(1)spaee fof eaeh t-,vo htindred(200)s"are feet of jqoor area. eafdie vasetdaf)plus ene(1) spaee pef employee on the lafgest shift plus additional pafking faf (o) Retail Stgi-e and&ilviee&tabhshnfent. At least one(!)off street par-king spaee fe .,.24,O.yo-1,,,«.1,ed(200)square F of of floor-affea- (p) Shopping Centers. €tee and--one-half(5-1/2)spaees pefe-aeh one thousand(1,000) (F) Restaurant--, Gfffes, Ppivqke Glub--; ivimg Food and4g.- Di-inks, Bar-S, On Sale Aqghteluhs. Ten(10)spaees fer eaeh one thousand(1,000)square feet of dining feem,plus one (s) FastFqodRestaurant. Fifteen(15)spaees per-one thetisand(1,000)square feet of gFoss floor (u) Laundr-emats. Six(6)spaeos per-one thousand(1,000)square feet offleer area. 3-61 3.General Provisions VI (y) =gtei-FaeI ntaga�. 4least ou f(n-)off street par-kings�ases�as one(!)spase eeaeh empleyee on dtAy. These f4eilifies designed fef sale of ethef items than striedy atAefRative appheable seetions of this Ord-inanee. Par-king at fuel pumps sh-all "At he--, to satisfy the par-kingrequirements. sales and offiee fleer-area of the building plus ofte(1)spaee per eaeh two thousand(x) A&4oF Sale-q Let, FouF(4)spaeos per-one thousand(1,000)squaFe feet gross 000)square feet of gross land area.(y) Aute W-ashX-emmer-eial Cai- Wash. One spaee per-employee plus: Drive through: Ton(10)staeking spaeos. Self serwiee:One(1)staeking spaee per-wash bay.Motor-FlUp'l Statin"g- None ift addition to that required for-the pr-ineipal use. par-king spaees,plus one(1)additional space fbF eight hundFed(900)squaFe feet of flooF area eve one thettsand(1,000)square feet. > „«. Twenty(20)off stFeet parking spaees,plus one(1)additional off street par-king spaee for eaeh hufldfed(200)svafe feet of floor-spaee over two thottsa-nd(2,000)s"afe feet. spaees plus eiie(1)fer eaeh one hundred(100)squafe feet ef floor spaee of bttildkig. (dd) Gebc Gamfises. Fouf(4) spaees per-hole,plus fifty(50)per-em of the r-equir-ements- (ee) Bowling,411ey. Five(5)spaees for-eaeh alley plus additional spaees for-related uses. ehapel or-parlor,plus one(1)par-king spaee for-eaeb vehiele. Aisle spaee shall also be provide ( ) W , .king Shop. One(1) spaee for-eaeh employee pitts one(1)spas€for eae 3-62 3.General Provisions VI Shops-and and Two(2)s s for each employee-. Light AMn*eturing. One(!) spaee for eaeh employee or one (!) spaee for eaeh M,o thousand(2,000)square feet of gross floor-aFea,whiehever-is greaten (kk) That spaee whieh is solely used (2,000)s"ar-e feet of floor area,and one(1)spaee for eaeh eompany owned tmek(if not stor- (11) Other Uses. 0 dh er u ses not speeifioally mentioned herein sh Al h-e deteffflifted on (withotA limitation) size of building, type of use, number- of employees, e"eeted veltime an (-%( Parking Deferment. The City-may allow a reduction in the number of required parking stalls for commercial,industrial,and institutional uses by administrative permit provided that: (a) The applicant must demonstrate that the proposed use will have a peak parking demand less than the required parking under §1007.044 (6) of this Ordinance. Factors to be considered when reviewing the proposed parking demand shall include,but not be limited to: 1. Size of building. 2. Type and use. 3. Number of employees. 4. Projected volume and turnover of customer traffic. 5. Projected frequency and volume of delivery or service vehicles. 6. Number of company-owned vehicles. 7. Storage of vehicles on site. (b) In no case shall the amount of parking provided be less than one-half(1/2) of the amount of parking required by ordinance. (c) The site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this Ordinance if the parking demand exceeds on site supply. 3-63 3.General Provisions VI (d) On-site parking shall only occur in areas designed and constructed for parking in accordance with this Ordinance. (e) The applicant and City enter into a development agreement,to be recorded against the subject property,which includes a clause requiring the owner to install the additional parking stalls,upon a finding of the Community Development Director that such additional parking stalls are necessary to accommodate the use. (f) A change of use will necessitate compliance with the applicable Zoning Ordinance standard for parking. (8)(71 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. (� L} 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 off-street spaces during the existence of said principal use. Traffic Control. (a) The traffic generated by any use shall be channelized and controlled in a manner that it will minimize: 1. Congestion on the public streets. 2. Traffic hazards. 3. Excessive traffic through residential areas,particularly truck traffic. (b) 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 prohibited wherever alternative local street access is available. 3-64 3.General Provisions VI (e)--On eoi errlotts(inelc�s„ding i"-u-csi--aidistfiets),-nothing shall be pJ_aeev.off allo-vrl•• Ica to grow in sueh a manner as matefially te impede vision between a height of twe and one half(2 1Q)a ten(10)feet above the eenter-line grades ofthe inter-seeting streets within fifteen(15) feet ofthe inter-seeting street right ofway lines. This re-sAviestion-;hall alsoe apply to the planting oferops an to yard gr-ades that restilt in eleva4iens that impede vision within fifteen(15)feet of any interseeting stFeet Fight of way lines. (M 1( 0) Motor Vehicle Parking in Residential and Rural Zoning Districts. (a) Passenger motor vehicles,including cars,pickup trucks,vans,and motorcycles may be parked on a residential or rural property provided that: 1. They are parked on an appropriate surface in compliance with Section 1007.044(3)(h)16. 2. They are operable and appropriately licensed at all times they are parked outside of an accessory structure. 3. They are setback a minimum of five feet from side and rear property lines, except in cases where a shared driveway has been approved by the city engineer. 4. When parked in the front yard or corner side yard of a property,they are parked on a designated driveway or parking area. (b) Recreational Vehicles and Trailers,as defined by§1007.001 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: a. The vehicles have affixed thereto current registration or license plates as required by law. b. The vehicles are stored no closer than five(5)feet from side and rear lot lines. c. The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with§1007.044(11)(a)1. 2. 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 3-65 3.General Provisions VI Minor Arterial 30 feet Collector 20 feet Local 15 feet 3. No vehicle shall be parked in a manner that blocks a city or county park or trail. 4. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. 5. A recreational vehicle or trailer shall not be utilized for storage of goods,materials or equipment other than those items considered to be part of the unit or essential for its immediate use. 6. No Recreational Vehicle may be used as a living quarters while stored/parked on a residential property. (c) Motor Vehicles exceeding a gross weight rating of 11,075 pounds. 1. No motor vehicle(except those meeting the definition of a Recreational Vehicle) exceeding a gross weight rating of eleven thousand seventy-five(11,075)pounds shall be parked or stored,indoors or outdoors,in a residential zoning district or on a lot of less than two and one- half(2 ''/2)acres in a rural zoning district,except when loading,unloading,or rendering a service unless an administrative permit that complies with the following requirements is obtained from the Community Development Department. a. The vehicle shall not be parked or stored for more than seventy-two(72) hours within a seven(7)day period excluding legal holidays. b. The vehicle shall be parked or stored 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 or stored. e. There shall be a minimum of one hundred fifty(150)feet from the vehicle to the nearest lot line. 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 established by the City Council. If at any time the conditions or requirements of permit approval are violated,the permit may be revoked. 3-66 3.General Provisions VI 2. On lots 2 '/z -acres to 10 acres in rural zoning districts, no more than two (2) commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy-five (11,075)pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements: a. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. b. There shall be a minimum of one hundred fifty(150)feet from the vehicle to the nearest lot line. c. The vehicle and trailer shall remain connected. 3-67 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-68 3.General Provisions VI §1007.045 OFF-STREET LOADING. (1) 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. (2) 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. (3) Size. Loading berths shall be of a size determined by the City as necessary to accommodate anticipated truck and service vehicles. (4) 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. (5) Surfacing. All loading berths and access ways shall be surfaced with a bituminous or concrete or other material approved by the City Engineer. (6) 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 requirements. (7) 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. (8) Noise. Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district per §1007.043 (10), the City Council may limit the hours of operation. (9) 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§1007.043(17) of this Ordinance. 3-69 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-70 3.General Provisions VI U007.046 PRIVATE DRIVES. In conjunction with the review of two family or multiple family residential plats,the City Council may approve private drives that serve more than one dwelling unit, provided that all of the following conditions are met. (1) The City Council finds that an such drive is deemed necessary to allow reasonable development of a particular site, and that such private drive is not allowed or intended to be a substitute for the public street system. (2)Any such private drive shall not exceed 300 feet in length unless it forms a continuous connection or loops back to a public street.Any such private drive over 150 feet in length that does not form a continuous connection or loop back to a public street shall provide a turn-around at or near its terminus,in accordance with City specifications. (3)Anyprivate drive shall gain access only from streets classified as"local"or"minor collector"by the City's Comprehensive Plan. (4)Any such private drive shall gain access from the public street via a 20-foot long concrete driveway apron with cross gutter,or other material as may be approved by the City Council.The remaining portion of the private drive shall be designed, constructed, and surfaced in such a manner,as approved by the City Council,to distinguish it from a public street. (5)An such drive shall be a minimum of 26 feet wide.No parking shall be allowed on the private drive,however,guest parking spaces may be required to be installed adjacent to the private drive,as determined by the City Council. (6) Individual unit driveways that gain access from any such private drive shall be a minimum of 22 feet in lend (7)Approval of an,, such drive shall not be granted if the private drive is to be placed within a separate lot. (8)A decorative sign stating"Private Drive"shall be located near each entrance to any such private drive.Such sign shall also provide the range of addresses served by the private drive.Such sign shall not exceed eight square feet in area or five feet in height,pursuant to Section 1010.007. (9) Si,gnage stating "No Parking — Fire Lane" shall be placed along the private drive in locations as approved by the City Fire Inspector. (10) A homeowners association agreement or other instrument acceptable to the City shall be required to ensure that any such private drive remains "private" in perpetuity. Such instrument shall require mandatory participation of all homeowners that have access via the private drive,shall include the requirement for creation of a fund to address maintenance,snow removal, 3-71 3.General Provisions VI and future reconstruction of the private drive in accord with City svecifications.A copy of such instrument shall be filed with the City as a matter of public record. 3-72 3.General Provisions VI §1007.046 RELOCATED STRUCTURES. (1) Before any house or other structure is moved onto a vacant lot,an administrative permit must be obtained in accordance with§1007.019 of this Ordinance. The Community Development Department shall conduct a site plan review and determine whether the structure will be compatible with other development in the area,and conform to all City codes and ordinances. The Community Development Department may withhold issuance of an administrative permit if it determines that the structure does not meet the performance standards of this Ordinance 3-73 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-74 3.General Provisions VI §1007.047 HOME OCCUPATION PERMITS. (1) Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit,as a use that is clearly incidental and secondary to a residential use on the same premises,without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site,and without jeopardizing the residential character of the neighborhood. (2) 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,with the exception of the following: (a) Permitted agricultural/farm related uses in the R and R-X Districts(and when found to be in conformance with all other provisions of this Ordinance)need not meet the provisions of this subdivision. (b) 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. (c) Daycare when licensed by the state and/or county (d) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. (e) Any use allowed by an existing Conditional or Interim Use Permit. (3) Procedure. (a) Home Occupation Level A does not require an application,review,or permit so long as the business complies with the general provisions listed in subsection (6) below, and the requirements of the Home Occupation Level A listed in subsection(7)below. (b)Home Occupation Level B requires the following procedure: 1. Application for a Home Occupation Level B shall be filed by the property owner or designated agent on forms to be provided by the City,and shall be accompanied by: a. A non-refundable fee as established by City Council ordinance;and b. Site and Building Plans as necessary to prove compliance with the general provisions of subsection(6)below,and the requirements of the Home Occupation Level B listed in subsection(8)below. 2. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, 3-75 3.General Provisions VI and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant,in writing,of any incomplete application within fifteen(15)business days of the date of submission. (c) Home Occupation Level C requires obtaining a Conditional Use Permit. The procedure for a Conditional Use Permit is described in§1007.016. (4) 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 consider additional conditions,limitations,or revocation of the home occupation within sixty(60) days of the last complaint. Home Occupation Level C,which requires a Conditional Use Permit, shall be subject to the Revocation clause included in§1007.016. (5) Expiration. (a) Upon issuance,a Home Occupation Level B permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section(4)above. (b) A Home Occupation Level C, approved as part of a Conditional Use Permit application,shall comply with§1007.016 of the ordinance. (6) Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition,the applicable requirement provisions. (a) General Provisions. 1. The home occupation shall be operated by an occupant of the dwelling. 2. Any home occupation shall be clearly incidental and secondary to the residential use of the premises,and shall not change the residential character thereof. 3. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. 3-76 3.General Provisions VI 5. The home occupation shall meet all applicable fire and building codes, and applicable permits must be obtained prior to any construction activities. 6. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code and any vehicles allowed by§1007.044(11). 7. Personal vehicles 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. 8. Any vehicle with a gross weight rating in excess of eleven thousand seventy-five (11,075)pounds is subject to§1007.044(11)of this Ordinance. 9. The number of on-site parking spaces shall not be reduced to less than two. 10. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. 11. When applicable,all state licensing requirements are satisfactorily met. 12. The applicant shall demonstrate,in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. 13. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. 14. No motor vehicle repair,paint or body work;commercial preparation of food for service on the premise;business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. (7) Requirements—Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A. In addition to the general provisions outlined in subsection(6) above, businesses must also comply with the following provisions specific to the Home Occupation Level A. (a) Requirements. 1. Permitted home occupation shall be confined to the private dwelling unit,and shall not be conducted in any accessory structure on the premise,including an attached garage. 2. No customers or employees who do not reside at the dwelling may be permitted on the property. 3. If the home occupation will require a delivery service,such as UPS,no more than ten delivery/pickup trips per week shall be permitted. 3-77 3.General Provisions VI 4. The home occupation may not occupy more than 10%of the structure. 5. All off-street parking generated by the home occupation shall be confined to the driveway. 6. The operation of any wholesale or retail business is prohibited,unless it is conducted entirely by mail or by occasional home invitation. (8) Requirements—Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B. In addition to the general provisions outlined in subsection(6) above, businesses must also comply with the following provisions specific to the Home Occupation Level B. (a) Requirements. 1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. 2. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. 3. Areas accessible to customers or employees shall comply with all applicable life safety codes. 4. Vehicle trips generated by the business shall not exceed 20 in any twenty four hour period. 5. If the home occupation will require a delivery service,such as UPS,no more than ten delivery/pickup trips per week shall be permitted. 6. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed. 7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 8. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. 9. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section,an attached garage does not count as part of the main dwelling. 3-78 3.General Provisions VI 10.The operation of any wholesale or retail business is prohibited,unless: a. It is conducted entirely by mail or occasional home invitation; b. It is exclusively the sale of products produced on-site;or c. It is clearly incidental to a service provided on the site. (9) Requirements—Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size;or zoned Rural,Rural Business Reserve,or Rural Executive;or front on an arterial roadway are eligible to apply for a Conditional Use Permit to allow a Home Occupation Level C. In addition to the general provisions outlined in subsection (6) above, businesses must also comply with the following provisions specific to the Home Occupation Level C. (a) Requirements. 1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. 2. A limit of five customers or employees who do not reside at the dwelling may be permitted on the property at one time. 3. Areas accessible to customers or employees shall comply with all applicable life safety codes. 4. Vehicle trips generated by the business shall not exceed 40 in any twenty four hour period. 5. If the home occupation will require a delivery service,such as UPS,no more than fifteen delivery/pickup trips per week shall be permitted. 6. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed. 7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 8. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. 9. Between the hours of 9 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section,an attached garage does not count as part of the main dwelling. 3-79 3.General Provisions VI 10. The limited operation of any wholesale or retail business is allowed. (10) Additional Limitations and/or Restrictions. (a) So as to maintain compatibility with the residential character of the neighborhood and to protect the health,safety and general welfare of the public,the City may impose additional limitations or requirements as it deems necessary. (b) The City may impose the posting of a security in order to einsure compliance with any condition imposed. (11) Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit or Conditional Use Permit for a Home Occupation Level C,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. (12) Penalty. Violation of the home occupation performance standards shall be subject to the enforcement and penalty provisions of§1007.023 of this Ordinance. 3-80 3.General Provisions VI §1007.048 ACCESSORY APARTMENTS. (1) 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. (2) Application. Subject to the non-conforming use provisions of this Ordinance,all home accessory apartments as defined in§1007.001. Definitions established after the effective date of this Ordinance shall comply with the provisions of this section. (3) 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: (a) Legal description of the property location and proof of ownership. (b) Plans,drawn to scale,indicating existing and proposed floor plans and access to both the principal unit and the accessory unit. (c) Site plan depicting parking availability. (4) Requirements. All home accessory apartments shall comply with the following requirements: (a) 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. (b) 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. (c) A separate exterior entrance may be permitted.Any exterior alterations or expansion shall be constructed of similar size,color,and type of 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. (d) The principal unit and accessory apartment shall share an internal doorway connection between the units. (e) Both the principal unit and accessory apartment shall share a single utility hookup. 3-81 3.General Provisions VI (f) All parking standards of§1007.044 shall be met. (g) 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. (h) 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. (i) A maximum of one(1)accessory apartment permit shall be issued per detached single family home. 0) No separate driveway or curb cut shall be permitted for the accessory apartment unit. (5) 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. 3-82 3.General Provisions VI §1007.049 DRAINAGE. (1) 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. (2) For all construction,erosion control measures must be in place prior to the beginning of site work,e.g.,grading,stripping,or construction. (a) The City may withhold inspections or suspend work on a site that does not have an approved grading plan or in-place erosion control measures. (b) The City may require financial security to insure placement of erosion control measures. (3) 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. (4) 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. (5) 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. (6) As part of a building permit application in which new structures or building footprint expansion of existing structures are proposed,a site survey showing proposed grading,drainage and building pad elevation(s) must be submitted to the City along with a certification by a registered land surveyor or engineer that they are consistent with the grading and drainage plan approved with the final plat or site plan. (7) Prior to issuance of an occupancy permit,the person or entity who developed,graded and constructed improvements upon the property for which the occupancy permit is requested,must submit certification by a registered land surveyor or engineer that the final grading,drainage and building pad elevations are consistent with the approved grading and drainage plan approved with the subdivision or site plan,or if no such City approved drainage and grading plan for the entire subdivision exists,that such person or entity represents that the grading,drainage and building pad elevations are consistent with the requirements of§1007.050(1)through§1007.050(5). 3-83 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-84 3.General Provisions VI §1007.050 EARTH MOVING AND LAND RECLAMATION. (1) Exclusions. This article shall not apply to: (a) The excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material for any construction for which a building permit has been issued, site plan approval or a development contract signed. (b) 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. (2) 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,an interim eamouse 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. (3) Application. (a) 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. (b) Each application shall be filed with the City Engineer. (c) Each application for permit shall be accompanied by a fee,the amount of which shall be determined by City Council resolution. (4) 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: 3-85 3.General Provisions VI (a) Properly fence any pit or excavation,and barricade entrances to prevent the general public from depositing garbage or refuse. (b) 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. (c) 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. (d) 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. (e) 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. (f) Require that all decomposable material,or other unsuitable foundation material,be removed from an area before deposition of fill begins. (g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. (h) Specify a time when the excavation or land reclamation project shall be completed. (i) 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, or in a time period consistent with the City's stormwater management and pollution prevention plan. 0) 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. (k) Implement the tree preservation plan. (1) In addition to an interim-eenflitienal 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. (m) 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 3-86 3.General Provisions VI for damages resulting from the negligent excavation,removal,storage,or filling of rock,sand,dirt, gravel,clay,or other like material within the City. (n) Other conditions deemed appropriate to the application by the permitting authority. 3-87 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-88 3.General Provisions VI §1007.051 FARMING OPERATIONS. All farms in existence upon the effective date of this ordinance and all farms which are brought into the city by annexation shall be a permitted use. All dwelling units and structures for processing of farm goods shall require a building permit and conform to all requirements of the Building Code. The City Council may require any new farm operation to secure a conditional use permit in the event of the following: (1) The farm is adjacent to or within four hundred(400)feet of any dwelling unit and may be detrimental to living conditions by emitting noise,odors,vibrations,hazards to safety,and the like. (2) The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become permanent industrial type operation that cannot be terminated as can a normal farming operation. 3-89 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-90 3.General Provisions VI §1007.0052 ADULT USES. (1) General. Adult uses as defined in the City Code shall be subject to the following provisions: (a) Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. (b) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. (c) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages. (d) An adult use which does not qualify as an accessory use shall be classified as an adult use-principal. (2) Adult Uses-Principal. (a) 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: 1. Residentially zoned property 2. A licensed day care center 3. A public or private educational facility classified as a pre-school, elementary, junior high or senior high 4. A public library 5. A public park 6. Another adult use-principal 7. An on-sale liquor establishment (b) 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§1007.052(2)(a). (c) Adult use-principal shall,in addition to other sign requirements established by City Code,adhere to the following signing regulations: 3-91 3.General Provisions VI 1. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted. 2. Shall not contain material classified as advertising. 3. Shall comply with the requirements of size and number for the district in which they are located. (3) Adult Uses-Accessory. (a) Adult use-accessory shall: 1. Comprise no more than ten(10)percent of the floor area of the establishment in which it is located. 2. Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. 3. Not involve or include any activity except the sale or rental of merchandise. (b) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: 1. 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. 2. 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. Other Use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. (c) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. (d) 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. 3-92 3.General Provisions VI §1007.053 ANTENNAS. (1) Purpose and Intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Lino Lakes while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. (2) General Standards. The following standards shall apply to all personal wireless service telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving,satellite dish and short-wave radio transmitting and receiving antenna. (a) All obsolete and unused antennas and towers shall be removed within twelve (12) months of cessation of operation at the site by the antenna or tower owner,unless an exemption is granted by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associate facilities when they are abandoned, unused or become hazardous shall be submitted to the City. (b) All antennas and towers shall be in compliance with all State Building and Electrical Code requirements and as applicable shall require related permits. Applications to erect new antennas and/or towers shall be accompanied by any required federal, state, or local agency licenses. (c) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary,as determined by the City Engineer, shall be verified and approved by a professional engineer. (d) When applicable, written authorization for antenna and/or tower erection shall be provided by the property owner. (e) No advertising message shall be affixed to the antenna and/or tower structure. (f) Antennas and/or towers shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. (g) If a new tower of seventy-five(75) feet or greater in height is to be constructed, it shall be designed structurally,electrically,and in all respects,to accommodate both the applicant's antennas and antennas for at least one(1)additional use,including but not limited to other personal wireless service communication companies,local police,fire and ambulance companies. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 3-93 3.General Provisions VI (h) Towers shall be painted a non-contrasting color consistent with the surrounding area such as blue, gray, brown, or silver or have a galvanized finish to reduce visual impact,unless otherwise required by a governmental agency. (i) All antennas and towers shall be reasonably posted and secured to protect against trespass, including appropriate measures to prevent unauthorized persons from climbing any tower. 0) Towers shall comply with all applicable Federal Aviation Administration (FAA) regulations. (k) Amateur radio towers shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service,antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. (1) Except as may be applicable in case where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the following: §1007.053 (2)(c); §1007.053 (2)(h); §1007.053(4);and§1007.053(5). (3) Certification,Inspection and Maintenance. (a) All towers, antenna support structures, and related equipment or structures shall be kept and maintained in good condition,order,and repair so as not to menace or endanger the life or property of any person. (b) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the State Building Code and federal and state law. (c) The City shall have authority to enter onto the property upon which a tower is located to inspect the tower for the purpose of determining whether it complies with the State Building Code and all other construction standards provided by the City's Code,federal and state law. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner. All expenses related to such inspecting by the City shall be borne by the owner. (4) Tower Design. Where allowed,wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. (5) Co-Location Requirement. An application for a new tower shall not be approved unless the applicant demonstrates that the antennas cannot be accompanied on an existing or approved tower,building,or structure within a two(2)mile search radius of the proposed tower due to one or more of the following reasons: 3-94 3.General Provisions VI (a) The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified engineer and interference cannot be prevented at a reasonable cost. (c) Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure. (d) Existing or approved towers,buildings,or other structures do not exist in the search area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs to the users. (e) The applicant shall demonstrate that a good faith effort to co-locate on existing towers or structures was made,but an agreement could not be reached. (6) Accessory Antennas. The following standards shall apply to all accessory antennas including radio and television receiving antennas,satellite dishes,TVROs three(3)meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers,ham radio transmitters and television receivers. (a) Accessory antennas shall not be erected in any required yard(except a rear yard)or within public or private utility and drainage easements,and shall be set back a minimum of five (5)feet from all lot lines. (b) Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements,and shall be set back a minimum of one(1)foot from all lot lines. (c) Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen(15)feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two(2)times the normal height restriction for the affected zoning district. (d) The installation of more than one(1)accessory structure and support structure per property shall require the approval of a conditional use permit. (7) Personal Wireless Service Antennas. (a) Rural,Residential and Business District Standards. 3-95 3.General Provisions VI 1. Antennas Located Upon an Existing Tower or Structure. Personal wireless service antennas as a permitted secondary use may be located upon existing towers or structures shall require the processing of an administrative permit and shall comply with the following standards: a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting,receiving and switching equipment,it shall be situated in the side or rear yard of the principal use,meet all applicable accessory building setback requirements,and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued by the Zoning Administrator,subject to the following conditions: i. Antennas mounted on buildings or structures shall not extend more than fifteen(15)feet above the structural height of the building or structure to which they are attached. ii. Wall or facade mounted antennas may not extend more than five(5)feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. c. In no case shall a personal wireless service antenna be located upon or affixed to a detached single family residential dwelling. 2. New Towers. The erection of new personal wireless service antenna towers within Rural,Residential and Business Zoning Districts of the City is prohibited. (b) Industrial District Standards. 1. Antennas Located Upon an Existing Structure or Existing Tower. Personal wireless service telephone antennas as a permitted secondary use may be located upon an existing structure or co-located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards: a. An administrative permit is issued by the Zoning Administrator. b. Antennas mounted on buildings or structures shall not extend more than fifteen (15)feet above the structural height of the building or structure to which they are attached. c. Wall or facade mounted antennas may not extend more than five(5)feet above the cornice line and must be constructed of a material or color which matches the exterior of the building. 2. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: 3-96 3.General Provisions VI a. The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes,the antennas may be mounted on a monopole tower provided that: i. Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty(140)feet in height. Towers with a minimum capacity to support three (3)antennas shall not exceed one hundred sixty(160)feet in height. ii. The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subj ect site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower,whichever is greater. c. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting,receiving and switching equipment,it shall be situated in the side or rear yard of the principal use,meet all applicable necessary building setback requirements,and shall be screened from view by landscaping where appropriate. d. At the discretion of the City,a security fence not greater than eight(8)feet in height with a maximum opacity of fifty(50)percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. 3. Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower as a permitted secondary use may be used on an interim basis until a permanent site is constructed shall require the approval of an administrative permit and shall comply with the following standards: a. Temporary mobile towers are exempt from co-location and permanent tower structure design standards provided for in the following sections: §1007.053 (2)(h); §1007.053 (2)(i);§1007.053(4);and§1007.053(5). b. The termination date of the permit shall not exceed one hundred twenty(120) days. Temporary mobile towers located on a site longer than one hundred twenty(120)days shall require the processing of an interim use permit subject to the standards contained in§1007.017-of this Ordinance. 3-97 3.General Provisions VI c. Guyed towers are prohibited. d. Mobile units shall have a minimum tower design wind load of eighty (80) miles per hour,or be set back from all structures a distance equal to the height of the tower. e. All towers shall be protected against unauthorized climbing. f. The height of the tower shall not exceed one hundred(100)feet. (c) Public/Semi-Public District Standards. 1. Antennas Located Upon an Existing Tower or Structure. Personal wireless service antennas as a permitted accessory use may be located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards: a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting,receiving and switching equipment,it shall be situated in the side or rear yard of the principal use,meet all applicable accessory building setback requirements,and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued by the Zoning Administrator,subject to the following conditions: i. Antennas mounted on buildings or structures shall not extend more than fifteen(15)feet above the structural height of the building or structure to which they are attached. ii. Wall or facade mounted antennas may not extend more than five(5)feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. 2. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: a. The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes,the antennas may be mounted on a monopole tower provided that: 3-98 3.General Provisions VI i. Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty(140)feet in height. Towers with a minimum capacity to support three (3)antennas shall not exceed one hundred sixty(160)feet in height. ii. The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subj ect site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower,whichever is greater. c. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting,receiving and switching equipment,it shall be situated in the side or rear yard of the principal use,meet all applicable necessary building setback requirements,and shall be screened from view by landscaping where appropriate. d. At the discretion of the City,a security fence not greater than eight(8)feet in height with a maximum opacity of fifty(50)percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. (8) Commercial and Public Radio and Television Transmitting Antennas,and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: (a) Such antenna shall be considered an allowed conditional use within all rural and industrial districts of the City and shall be subject to the regulations and requirements of§1007.016 of this Ordinance. (b) The antennas,transmitting towers,or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna,transmitting tower,or array of towers measured between the base of the antenna or tower located nearest a property line and said property line,unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. (c) Unless the antenna is mounted on an existing structure,at the discretion of the City, a fence not greater than eight(8)feet in height with a maximum opacity of fifty(50)percent shall be provided around the support structure and other equipment, as well as no climb security measures shall be provided on the tower or structure. THIS PAGE G NT NTIOT r n r r v LEFT-FT-nr n N 3-99 3.General Provisions VI §1007.054 ACCESSORY OUTDOOR DINING OR SEATING FACILITIES. (1) Purpose and Intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining or seating facilities that are intended for consumption of food or beverages purchased at the principal use on the site. This section is intended to apply to dining or seating facilities associated with and accessory to principal uses such as restaurants and retail establishments that offer food or beverages,whether or not service is provided to the outdoor seating area. This section is not intended to apply to outdoor seating such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for outdoor dining or seating is required,it may be incorporated into another approval such as but not limited to a site plan,planned unit development,or building permit. (2) Requirements. (a) The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing, planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval. (b) If alcoholic beverages are served or consumed in the outdoor area,the proper license required by Chapter 700 of the City Code must be current. (c) All lighting be hooded and directed away from adjacent residential uses in accordance with§1007.043(6)of this Ordinance. (d) The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining/seating area by providing the following: 1. The outdoor dining/seating area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing,bollards,ropes, plantings,or other methods. If the outdoor seating consists of four or fewer tables and there is no outdoor service,this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation. 2. The minimum clear passage zone for pedestrians at the perimeter of the outdoor seating/dining area shall be at least five(5)feet without interference from tables,chairs,planters, parked motor vehicles,bollards,trees,tree gates,curbs,stairways,trash receptacles,street lights, parking meters,or the like. 3. Overstory canopy trees,umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven(7) feet above the sidewalk. 3-100 3.General Provisions VI (e) The dining/seating area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive,and functional surface. (f) A minimum width of thirty-six(36)inches shall be provided within aisles of the outdoor dining/seating area. (g) Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However,any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application. (h) Additional Off-Street Parking: 1. For accessory outdoor dining/seating areas that are 500 square feet or less in size, no additional off-street parking spaces shall be required. 2. For accessory outdoor dining/seating areas that are greater than 500 square feet in size,one(1)additional parking space for every 100 square feet of outdoor dining area in excess of the first 500 square feet shall be required. (Ord No.09-18,passed 07-23-2018) (i) The outdoor dining/seating area shall be designed to avoid potential conflict with motor vehicle parking or circulation. 0) Refuse containers shall be provided for self-service outdoor dining/seating areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation,and must be designed to prevent spillage and blowing litter. (k) The outdoor area shall be kept clean and otherwise maintained in an orderly, sanitary,attractive condition. (Ord.No.09-18,passed 7-23-2018) 3-101 3.General Provisions VI §1007.055 BATCH PLANTS. (1) Purpose. The purpose of this section is to provide standards for the establishment and use of Batch Plants intended to provide construction materials for a defined project within a limited timeframe. (2) Application. hi order to operate within the city a Batch Plant must be located within the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive or Rural zoning districts,and must obtain an Interim Use Permit per§1007.017. (3) Requirements. In addition to the General Standards contained within §1007.017, Temporary Batch Plants are also required to comply with the following conditions and performance standards in order to obtain an Interim Use Permit: (a) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. (b) The Batch Plant shall maintain a 50 foot setback from any wetland. (c) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. (d) The Hours of Operation shall be clearly defined. (e) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. (f) A grading,erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. (g) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. (h) A restoration plan shall be submitted and approved by the City prior to any site disturbance. (i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. 0) All applicable Rice Creek Watershed District requirements are satisfactorily met. (k) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public,the City Council may impose additional limitations, conditions or requirements as it deems necessary. 3-102 3.General Provisions VI (1) The operator and property owner shall enter into a Performance Agreement with the City,and financial sureties shall be posted prior to any site disturbance. 3-103 3.General Provisions VI §1007.056 OPT OUT OF MINN.STAT.462.3593. (1) Pursuant to authority granted by Minnesota Statutes,Section 462.3593,subdivision 9, the City of Lino Lakes opts-out of the requirements of Minn.Stat. §462.3593,which defines and regulates Temporary Family Health Care Dwellings. (Ord.No.09-16,passed 9-12-2016) 3-104 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-105 3.General Provisions VI §1007.057 AIR PARK HANGAR AND ACCESS PERFORMANCE STANDARDS. (1) Purpose. The purpose of this section is to provide standards for the size of airplane hangars and access to airplane hangars constructed on single family lots that have taxiway access to an approved private use airport. (2)Definitions. The following definitions apply to this section: Air Park. A residential subdivision with permitted access to a private use airport. Airplane Hangar. An accessory building constructed on a single family lot where aircraft are stored.Such use is considered a residential accessory use incidental to the dwelling. Single Family Lot. A parcel of record or platted parcel containing a single family detached dwelling. (3) General Standards. The following standards shall apply to all air park single family lots: (a) Airplane Hangar. Air Park lots may have one airplane hangar not exceeding 3,200 square feet,provided that: 1. The airplane hangar location has direct taxiway access to the runway. 2. The airplane hangar be earth tone in color. (b) Driveways shall not be constructed closer than three feet to the property line. Exception. Encroachment into the three foot setback may be allowed for purposes of constructing a shared driveway with the abutting property owner provided that any shared driveway shall include a maintenance and access agreement executed by each property owner and recorded against each property with Anoka County. (c) The plans for driveways proposed to be placed within a drainage and utility easement must meet drainage requirements and be approved by the City Engineer prior to construction.Driveways placed within a drainage and utility easement are placed,by the owner, at the owner's risk of removal by the City or other agencies that may have legal use of the easement. Replacement of driveways removed for drainage or utility work shall be at the owner's expense. (d) All driveways and approaches shall be hard surfaced in accordance with Section 1007.044(3)(h)16. (e) An air park single family lot may have one secondary public street driveway access subject to approval of the City Engineer and the following conditions: 3-106 3.General Provisions VI 1. The property owner demonstrates that the principal driveway access serving the single family dwelling cannot be extended or expanded to serve an airplane hangar without encroaching into required setbacks or abutting property or without violating section 1007.044(5)(g). 2. Secondary driveway width shall not exceed 12 feet. 3. No secondary driveway shall be within three feet of the property line unless a shared driveway access and maintenance agreement is executed by each property owner and recorded against each property with Anoka County. (f) Impervious Surface Coverage Area. The impervious surface of the property shall not exceed 65%. (g) All other provisions of Chapter 1007 and the City Code shall be applicable to the extent not in conflict with this section. (Ord.No.07-18,passed 6-11-2018) 3-107 3.General Provisions VI § 1007.058 COMMERCIAL STABLES. (1) Purpose. The purpose of this section is to provide performance standards for the operation of commercial stables. (2)Definitions. The following definitions apply to this section: Commercial Stable. A commercial stable is any structure,barn,or place where the stabling,boarding,training,and feeding of horses takes place. (3) General Standards. The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public,and having the facilities to maintain or care for ten(10)or more horses,must have their principal entrance located on a state highway,county road,or city collector street. (b) Commercial stables that offer boarding,training,or other services to the public shall provide sanitary facilities for the public's use.The sanitary facilities must be constructed in accordance with the state building code,and connected to an individual sewage treatment system or the municipal sanitary sewer system. (c) Adjacent parcels of land under common ownership maybe used to determine the maximum number of animal units allowed,if the parcels are operated as a single enterprise. 1. In instances where a parcel of land consists of a fraction of an acre,the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. 2. Adjacent parcels of land shall not be separated by public right-of-way. (d) Up to double the animal unit density maybe allowed subject to an approved facility management and waste handling plan. (e) Buildings housing domestic livestock,including barns,stables,sheds,and similar facilities shall be located no nearer than 100 feet from any inhabited,neighboring dwelling. (Ord.No. 10-18,passed on 7-23-2018) 3-108 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-109 3.General Provisions VI §1007.059 WIND ENERGY CONVERSION SYSTEM(WECS) WECS that have a combined nameplate capacity of 5,000 kilowatts or more are regulated by the state,and are preempted from the regulations of this Section.This Section applies only to WECS that have a combined nameplate capacity of less than 5,000 kilowatts. (1) Purpose.The purpose of this Section is to establish predictable and balanced regulations for the establishment of WECS in the locations and circumstances under which the use may be established without detriment to the public health safety and welfare of neighboring property owners or occupants. (2) General Requirements. The following requirements shall apply to all WECS: a) WECS shall be allowed as an accessory structure. b) The monopole or building upon which the proposed WECS is to be mounted shall have the structural integrity to carry the weight and wind loads of the WECS and to accommodate its vibration impacts,as documented in writing by a licensed structural engineer. C) WECS and any related equipment shall comply with the noise regulations established in Section 1043.007 of the City Code. d) WECS shall be equipped with an overspeed control device. e) WECS, including the blades or rotors, shall be grounded and shielded in conformance with the National Electrical Code. fl The compatibility of the blades or rotors with the generator shall be certified by licensed engineer. g) WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical,radio frequency,television,or other communication signal interference. h) WECS and their related support and equipment shall be a non-contrasting color such as pale grey or white or shall have a galvanized finish to reduce visual impact, unless otherwise required by the Federal Aviation Administration. i) Except those devices required by the Federal Aviation Administration, no lights, reflectors,flashers or any other type of illumination shall be attached to a WECS or related support or equipment. j) Except for required safe, signage, no other signage, writing, pictures, flags, streamers,or decorative items shall be attached to a WECS or related support or equipment, k) WECS shall be self-supporting without the use of guy wires or similar features. 3-110 3.General Provisions VI 1) Obsolete WECS and any related support or equipment shall be removed within twelve months of cessation of operating, unless an exemption is granted by the Zoning Administrator. (3)Freestanding WECS.In addition to the general requirements specified in this Section, freestanding WECS shall comply with the following requirements: a) Freestanding WECS shall be constructed using a monopole design of tubular steel. b) Not more than one freestanding WECS shall be pennitted per lot. c) Freestanding WECS shall not exceed 50 feet in height,as measured from the grade level at the base of the tower to the highest possible extension of the blades,rotors or similar feature of the WECS. d) Freestanding WECS shall not be located within a front yard, unless theme qualifies as an equivalent side or rear yard. e) Freestanding WECS shall be set back from all lot lines,from any habitable structure (e.g., dwelling, school, business), from any recreational facility (e.g., playfield, rink), and from lakes,wetlands,and ponds a distance that is at least equal to the height of the WECS. fl Lot line setbacks may be reduced for projects with joint ownership of a freestanding WECS between two or more abutting landowners. Prior to issuance of a building permit, the applicant shall submit recorded copies of covenants or easements prohibiting the construction of habitable buildings within a distance equal to the height of the WECS on all affected properties. g) Freestanding WECS shall not be located within a required wetland buffer strip, within a bluff impact zone,or on slopes within the shoreland management overlay district that are over 12 percent as measured over horizontal distances of 50 feet or more. h) No portion of a freestanding WECS including the full arc area created by any blade, rotor or other portion of the WECS shall extend over a drainage or utility easement,over a parking lot,over an accessory building,or over or under an overhead utility, line. i) The lowest extent of any blade or rotor on a freestanding WECS shall be not less than 30 feet above the ground. D Freestanding WECS shall not include tower climbing apparatus within twelve feet of the ground. k) Freestanding WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area,containing the following infonnation. i. A warnin of f danger to unauthorized persons. ii. The WECS manufacturer's name. 3-111 3.General Provisions VI iii. Emergency shutdown procedures. (4)Rooftop WECS.In addition to the general requirements specified in this Section,rooftop WECS shall comply with the following requirements: a) Not more than one rooftop WECS shall be pennitted per single-family dwelling. The number of rooftop WECS shall not be limited for other principal buildings. b) Rooftop WECS shall not exceed 15 feet in height,as measured from the highest element of the roof segment to which the WECS is attached(e.g.,peak for pitched roofs,parapet for flat roofs, to the highest possible extension of the blades,rotors or similar feature of the WECS. c) Rooftop WECS shall be set back not less than ten feet from exterior walls of the building. (5)Submittal Requirements.An applicant for a WECS shall provide the following: a) Information that demonstrates confonnance to the requirements specified in this Section,as applicable. b) Application materials required for an administrative permit of this Chapter, c) Technical specifications for the WECS including,but not limited to,height,blade or rotor length,operating parameters,lightning protection,anticipated noise levels at the lot lines,and other information deemed necessary to review the application. d) For freestanding WECS,a certified survey showing lot lines,existing structures, easements,above-ground utilities,elevations,wetlands,ponds,lakes,streams,and the proposed location for the WECS,including the dimensions between lot lines and the nearest projection of WECS blades or rotors. For freestanding WECS,an inventory of significant trees proposed to be removed within the construction area for the WECS shall be provided for all uses except single-family residential uses. 3-112 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-113 3.General Provisions VI §1007.060 MODEL HOMES/TEMPORARY REAL ESTATE OFFICES a) Purpose. The purpose of this section is to provide for the erection of model homes and temporary real estate offices in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance.As model homes represent a unique temporary commercial use,special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment. b) Procedure.The erection of a model home(s)and temporary real estate office(s)shall require an administrative permit,as may be issued by the Zoning Administrator. c) Special Requirements. (1) Model homes and temporary real estate offices shall be allowed as provided for in the applicable zoning district in which they are located.Any such model home or temporary real estate office shall comply with the Minnesota State Building Code. (2) TemporaH parking facilities shall be provided on the site and shall include at least four off-street parking spaces per model home unit or temporary real estate office.Such temporM parking facilities shall provide handicap accessible parking and accessible routes as required by the Minnesota State Building Code.The overall design,drainage,and surfacing of the temporary parking facility shall be subject to the approval of the Zoning Administrator. (3) Access from a temporary parkin fag cility onto a local,residential street shall be minimized.Where this requirement is physically impractical,access shall be directed away from residential neighborhoods to the greatest extent possible. (4) No model home or temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity_. (5) All model home and temporary real estate office signage shall comply with the sign regulations as contained in Chapter 1010. (66) The administrative permit shall terminate three years from its date of issuance or until 85 percent of the development is completed,whichever occurs first (7) No residential occupancy permit shall be issued for a model home until such time as the structure has been fully converted to a residence.Such conversion shall include but not be limited to parking lot restoration and the removal of signage and lighting. (8) The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the next growing season. (9) All criteria for interim use consideration but not procedural requirements,shall be considered and satisfactorily met. 3-114 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-115 3.General Provisions VI §1007.061 TEMPORARY STRUCTURES a) Purpose. The purpose of this section is to provide for the erection of temporary structures (not including model homes,temporary real estate offices,construction trailers or temporary classroom structures for use by public or private school)needed for emergency purposes. b) Procedure.The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator,except as otherwise provided by this Chapter. c) Special Requirements. (1) Temporary structures shall be allowed as provided for in the applicable zoning district in which they are located. (2) No administrative permit shall be issued for a temporary structure unless a site plan has also been approved if applicable,or unless a building permit has been issued for a new structure,addition or remodeling of an existing structure on the property. (3) The administrative permit shall terminate six(6)months from its date of issuance, or within thirty(30)days after a certificate of occupancy has been issued by the Building Official for the permanent structure,whichever occurs first.The permit may be extended for an additional 90 days at the discretion of the Zoning Administrator. (4) Temporary structures may be placed in a required yard area,provided that no such structure may be placed within 30 feet of a public right-of-way or obstruct visibilityay intersection or driveway. (5) All applicable requirements of the State Building Code shall be met. (6) Whenever an administrative permit for erection of a temporary structure has been issued,a similar application for an administrative permit for erection of a temporary structure shall not be considered again by the Zoning Administrator for at least one(1)year from the date of approval. 3-116 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-117 3.General Provisions VI 1007.062 MOTOR FUEL STATION The purpose of this section is to establish standards and procedures under which motor fuel stations can be conducted within the City without jeopardizing the health,safety and general welfare of the surrounding neighborhood.This section establishes the City's minimum requirements for the establishment and operation of a motor fuel station. 1. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally,adequate space shall be provided to access fuel 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 which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 2. Architectural Standards. a. As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. b. The architectural appearance,scale,and functional plan of the building(s)and canopy shall be complementary and compatible with each other and the existing buildings in n the neighborhood setting. c. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to§1007.043(2)of this Ordinance. d. Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. e. Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors"shall be defined as any various soft colors like those found in nature in soil,vegetation, etc., such colors are limited to brown,black, gray,tan,beige,brick red, soft green,soft blue,or white. f. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four(4) inches. The color bands shall not be illuminated. 3. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: a. The edge of the canopy shall be thirty(30)feet or more from the front and/or side lot line,provided that adequate visibility both on-site and off-site is maintained. b. The canopy shall not exceed eighteen (18) feet in height and must provide fourteen 04)feet of clearance to accommodate a semi-trailer truck passing underneath. 3-118 3.General Provisions VI c. The canopy fascia shall not exceed three(3)feet in vertical height. d. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source of fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen(115)foot candles below the canopy at rg ound level. e. The architectural design,colors,and character of the canopy shall be consistent with the principal building on the site. f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure,provided that: i. The individual canopy sign does not exceed more than twenty(20)percent of the canopy facade facing a public right-of-way. g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. 4. Pump Islands. Pump islands shall comply with the following performance standards: a. Pump islands shall be elevated six(6)inches above the traveled surface of the site. b. All pump islands shall be set at least thirty(30)feet back from any property line. Additionally,the setback between the pump islands curb face must be at least twenty-four 24 feet. 5. Dust Control and Drainage. The entire site other than taken up by a building, structure,or plantings shall be surfaced with asphalt,concrete,cobblestone,or paving brick. Plans for surfacing and drainage shall be subiect to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil/gritseparator. Minimum design standards for the oil/ rg_it separator shall include the following: a. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. b. A minimum pool depth of four(4)feet. c. A minimum oil containment capacity of eight hundred(800gallons. d. Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency(MPCA). Any measurable spill event must be reported to the MPCA. 3-119 3.General Provisions VI 6. Landscaping a. At least thirty-five (35) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, Plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property, b. At the boundaries of the lot,the following landscape area shall be required: i. From side and rear property lines,an area of not less than ten(10)feet wide shall be landscaped in compliance with§1007.043(17)of this Ordinance. ii. From all road rights-of-way,an area of not less than fifteen(15)feet wide shall be landscaped in compliance with&1007.043(17)of this Ordinance. iii. Where lots abut residentially zoned property,a buffer yard of not less than twenty(20)feet wide shall be landscaped and screened in accordance with§1007.043(17)of this Ordinance. iv. The property owner shall be responsible for maintenance of all landscaping,including within the boulevard. 7. Exterior Li hating. 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§1007.043(6)of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application,and shall be subject to the following performance standards: a. Canopy Lighting. Canopy lighting under the canopy structure shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen(115)foot candles at ground level. b. Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward,and individual lights shall not exceed fifteen(15)foot candles at ground level. c. Illumination. Maximum site illumination shall not exceed four-tenths (0.4) foot candle at ground level when measured at any boundary line with an adjoining residential propeny or any public property, d. Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with&1007.044 of this Ordinance. 8. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi-trailer truck. Designated loading areas must be exclusive 3-120 3.General Provisions VI of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius,usingappropriate ppropriate engineering templates. 9. Parkinz a. Parking spaces shall be calculated solely based upon the use(s)and the square footage of the principal building(s). b. Parking spaces shall be screened from abutting residential properties in compliance with§1007.043(19)of this Ordinance. 10. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in§1007.043(10)of this Ordinance. 11. Outside Storage,Sales and Service. No outside storage or sales shall be allowed, except as follows. a. Public phones may be located on site as longas s they do not interrupt on-site traffic circulation,and are not located in a yard abutting residentially zoned property. b. Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. c. Large,bulk sale propane tanks must meet all applicable building and fire code requirements. d. A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation. e. Accessory outdoor services, sales,or rental as regulated by§1007.111 (7)(e) of this Ordinance. 12. Litter Control. The operation shall be responsible for litter control on the subject property,which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. 13. Additional Stipulations. All conditions pertainingto o 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 or expanding the conditions set forth herein. 3-121 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-122 3.General Provisions VI 1007.063 DAY CARE FACILITIES a) Purpose.The purpose of this section is to establish standards and procedures under which day care facilities can be conducted within the City without jeopardizing the health,safety and general welfare of the day care participants and/or the surrounding neighborhood.This section establishes the City's minimum requirements for the establishment and operation of state licensed day care facilities which are not defined as permitted uses by State Statute. b) Application.Day care facilities that are allowed by conditional use permit by this Chapter shall be subject to the general provisions of this section and to the regulations and requirements set forth in Section 21015 of this Chapter.In addition,all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Human Services,as may be amended. c) Declaration of Conditions.The City Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section. d) General Provisions.Day care facilities that are allowable by conditional use permit shall meet the following applicable general provisions: (1) Sewer and Water.All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. (2) Buffering.Unless exempted by the Zoning Administrator,where an outdoor play area of a day care facility abuts any commercial or industrial use or zone,or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses,zones,or public rights-of-way.All of the required fencing and screening shall comply with the fencing and screening requirements of Section 1007.04307)of this Chapter. (3) Parkiniz. i. There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 1007.044 of this Chapter.Parking areas shall be screened from view of surrounding and adjoinin residential uses in compliance with Section 1007.043(17)of this Chapter. ii. When a day care facility is an accessory use within a structure containing another principal use,parking for each use shall be calculated separately for detennining the total off-street parking spaces required.An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off-street parking demand will result. (4) O(f-Street Loading. Off-street loading space in compliance with Section 1007.045 of this Chapter shall be provided. 3-123 3.General Provisions VI (5) Signage.All signing and informational or visual communication devices shall be in compliance with Chapter 1010. (6) Compliance with State Requirements.The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly. e) Inspection.The City hereby reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. 3-124 3.General Provisions VI THIS PAGE INTENTIONALLY LEFT BLANK 3-125 3.General Provisions VI §1007.064 ESSENTIAL SERVICES a) Purpose.The purpose of this section is to provide for the installation of essential services such as telephone lines,pipelines,electric transmission lines,substations,and accessories therewith in such a manner that the health,safety,and welfare of the City will not be adversely affected.Essential services shall also be installed in recognition of existing and projected demands for such services. b) Special Permit Required.All communication lines,pipelines for distribution to individual properties within the City,and all,underground electric transmission lines,overhead utility, lines, ines, radio receivers and transmitters,electric transmission lines,and substations less than 33 KV, when installed in any location in the City,shall require a permit subject to the approval of the City Engineer and shall be processed according to the following_ (1) Prior to the installation of any of the essential services defined above,the owner of such service shall file with the City Engineer,all maps and other pertinent information as deemed necessary by the City Engineer for review the proposed project. (2) The City Engineer shall document in writing the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions. (3) In considering applications for the placement of essential services,as regulated in this section,the City Engineer shall consider the effect of the proposed project upon the health, safety and general welfare of the City,as existing and as anticipated,and the effect of the proposed project upon the Comprehensive Plan.Additionally,radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provide the radio transmitters and receivers comply with the following standards: i. Radio transmitters and receivers located on a utilitypole/tower or light standard shall be at least fifteen 05)feet above grade. ii. Radio transmitter and receiver devices shall not exceed eighteen(18) inches in length or width,or extend more than eighteen(18)inches from the pole.Antennas may not extend more than twenty-four(24)inches from the equipment. iii. The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers.The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number.The list of sites must also describe the type of pole to be used. iv. The applicant shall notify the City of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way. V. The applicant shall notify the City,at the time of pennit application,of any obstructions that would cause traffic to be rerouted or stopped. 3-126 3.General Provisions VI vi. In addition to receiving the necessM permits and approvals,the City may require the applicant to enter into an encroachment agreement. (4) Upon approval of the City Engineer,a permit for the installation and operation of the applicant's essential services shall be issued.If the Engineer denies the permit,the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures set forth in Section 21035 of this Chapter. (5) The City Engineer may deny a permit or attach conditions to the pennit approval to protect the public health,safety and welfare,to prevent interference with the safety and convenience of ordinary travel over the right-of-way,or when necessary to protect the ri hg tof- way and its users.The City Engineer may consider one or more of the following factors:(a)the extent to which right-of-way space where the permit is sought is available;(b)the competing demands for the particular space in the right-of-way;(c)the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit a pplicant;(d)the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-Of-way. (6) The pennittee shall notify the City Engineer upon completion of the work specified in the permit. 3-127