HomeMy WebLinkAbout10-14 (Zoning) Council OrdinanceL
l' Reading: 1 1/ 1 0/ 2 01 4 Publication: 12 / 0 2/ 2 01 4
2nd Reading: 1 1 / 2 4 / 2 01 4 Effective: 01 / 01 / 2 01 5
CITY OF LINO LAKES
ORDINANCE NO. 10-14
AN ORDINANCE RECODIFYING AND AMENDING CHAPTER 1007 OF THE CITY
CODE REGARDING ZONING
The City Council of Lino Lakes ordains:
Section 1. The Lino Lakes Code of Ordinances Chapter 1007, Zoning Code, is hereby
repealed in its entirety and replaced with the following:
Section
1007.000
1007.001
1007.015
1007.016
1007.017
1007.018
1007.019
1007.020
1007.021
1007.022
1007.023
1007.024
Chapter 1007: LINO LAKES ZONING ORDINANCE
Title/Application/Rules
Title and Application
Rules and Definitions
Administration
Administration: Amendments and Rezonings
Administration: Conditional Use Permits
Administration: Interim Use Permits
Variances and Appeals
Administration: Administrative Permits & Approvals
Site and Building Plan Review
Duties of City Staff
Certificate of Occupancy
Enforcement and Penalties
PUD, Planned Unit Development
General Provisions
1007.040 Purpose
1007.041 Non -Conforming Uses and Structures
1007.042 General Parcel, Lot and Yard Provisions
1007.043 General Building and Use Provisions
1) Dwelling Unit Restriction
2) Building Type & Construction
3) Height
4) Accessory Buildings & Structures
5) Refuse and Recyclable Material
6) Outdoor Lighting
7) Smoke
8) Dust and Other Particulated Matter
9) Odors
10) Noise
11) Sewage Disposal
12) Waste Material
13) Bulk Storage (Liquid)
14) Radiation Emission
15) Electrical Emission
16) Exterior Storage
17) Required Screening, Landscaping & Buffer Yards
18) Fences and Walls
1007.044 Off -Street Parking
1007.045 Of Street Loading
1007.046 Relocated Structures
1007.047 Home Occupation Permits
1007.048 Accessory Apartments
1007.049 Drainage
1007.050 Earth Moving and Land Reclamation
1007.051 Farming Operations
1007.052 Adult Uses
1007.053 Antennas
1007.054 Accessory Outdoor Dining or Seating Facilities
1007.055 Batch Plants
District provisions
1007.070 General Zoning District Provisions
1007.080
1007.081
1007.090
1007.091
1007.092
1007.093
1007.094
1007.095
1007.096
1007.110
1007.111
1007.112
1007.113
1007.114
1007.120
1007.121
1007.130
1007.131
1007.132
Rural Districts
R, Rural District
R -X, Rural Executive District
Residential Districts
R-1, Single Family Residential District
R -1X, Single Family Executive Residential District
Left Blank Intentionally)
R-2, Two Family Residential District
R-3, Medium Density Residential District
R-4, High Density Residential District
R-6, Manufactured Home Park District
Business Districts
NB, Neighborhood Business District
LB, Limited Business District
GB, General Business District
CB, Central Business District and SC, Shopping Center District
SC, Shopping Center District/PDO, Planned Development Overlay
Industrial Districts
LI, Light Industrial District
GI, General Industrial District
Special Districts
PSP, Public and Semi -Public District
R -BR, Rural -Business Reserve District
PUD, Planned Unit Development District
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TITLE /APPLICATION/RULES
1007.000 TITLE AND APPLICATION.
1) Title. This Ordinance shall be known, cited and referred to as the "CITY OF LINO
LAKES ZONING ORDINANCE" except as referred to herein, where it shall be known as "this
Ordinance."
2) Intent and Purpose. This Ordinance is adopted for the purpose of:
a) Protecting the public health, safety, comfort, convenience and general welfare.
b) Dividing the City of Lino Lakes into zones and districts restricting and regulating
therein the location and use of structures and land and lot size.
c) Promoting orderly development of the residential, business, industrial, recreational
and public areas.
d) Providing adequate light, air, and convenience of access to property.
e) Limiting congestion in the public right-of-way.
f) Preventing overcrowding of land and undue concentration of structures by
regulating the use of land and buildings in relation to the land and buildings surrounding.
g) Providing for the compatibility of different land uses and the most appropriate use
of land throughout the City of Lino Lakes.
h) Protecting and guiding the development of the rural area.
i) Conserving and developing natural resources.
j) Fostering agriculture and other industries.
k) Preventing a wasteful scattering of population.
1) Securing safety from flood.
m) Reducing waste and municipal maintenance cost from excessive mileage of roads.
n) Conserving the natural and scenic beauty and attractiveness of road sides and
lakeshores.
o) Providing for the administration of this Ordinance and amendments thereto.
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p) Defining the powers and duties of the administrative officers and bodies, as
provided hereinafter.
3) Application.
a) In their interpretation and application, the provisions of this Ordinance shall be
held to be the minimum requirements for the promotion ofthe public health, safety, and welfare.
b) Where the conditions imposed by any provisions of this Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other law ordinance,
statute, resolution, or regulation, the regulations which are more restrictive, or which impose
higher standards or requirements shall prevail.
c) Except as in this Ordinance specifically provided, no structure shall be erected,
converted, enlarged, reconstructed or altered, and no structure or land shall be used for any
purpose nor in any manner which is not in conformity with this Ordinance.
4) Relation to Comprehensive Municipal Plan. It is the policy of the City of Lino Lakes
that the enforcement, amendment, and administration of this Ordinance be accomplished with
due consideration of the recommendations contained in the City Comprehensive Plan as
developed and amended from time to time by the Planning and Zoning Board and City Council.
The Council recognizes the Comprehensive Plan as the policy for responsibility to regulate land
use and development in accordance with the policies and purpose herein set forth.
5) Uses Not Provided for Within Zoning Districts. In any zoning district, whenever a
proposed use is neither specifically allowed nor denied, the City Council shall determine if the
proposed use is comparable in potential activities and impacts to a use listed within the zoning
district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and
established conditions and standards relating to development of the use. Where such a
determination is made, the requirements established for the listed use shall apply as minimum
standards for the proposed use. Additional requirements may be applied to address differences
between the listed use and the proposed use.
In such cases where, in the judgment of the City Council, there is no comparable use
listed, the City Council or Planning and Zoning Board, on their own initiative or upon request
from the property owner, may conduct a study to determine if the proposed use is acceptable and,
if so, what zoning district would be most appropriate and what conditions and standards should
apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on
receipt ofthe staff study, may initiate an amendment to the Zoning Ordinance consistent with §
1007.015 of this Ordinance to provide for the particular use under consideration or shall find that
the proposed use is not compatible for development within the City.
6) Separability. It is hereby declared to be the intention that the several provisions of this
Ordinance are separable in accordance with the following:
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a) If any court or competent jurisdiction shall adjudge any provision of this Ordinance
to be invalid, such judgment shall not affect any other provision of this Ordinance not
specifically included in such judgment.
b) If any court or competent jurisdiction shall adjudge invalid the application of any
provision of this Ordinance to a particular property, building, or structure, such judgment shall
not affect other property, buildings or structures.
7) Authority. This Ordinance is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363.
8) Comprehensive Revision. This Ordinance shall be a comprehensive revision to
Ordinance 09-97, adopted July 14, 1997, of the City Code, as amended. Any act done, offense
committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the
effective date of this Ordinance is not affected by its enactment.
9) Fees. No application for a Zoning Ordinance amendment, rezoning, conditional use
permit, interim use permit, variance, administrative permit, or site and building plan review shall
be accepted or considered by the City Council or any other body of the City unless such
application is complete and accompanied by a deposit. The total fee for processing such
application, which shall be paid by the petitioner to the City, shall be paid whether or not such
application is approved or denied. The deposit shall be used to cover the total out of pocket
expenses incurred by the City in processing such application, for such necessary items as, but not
limited to, attorney's, planner's, and/or engineer's fees and costs, and any other costs incident
thereto, and shall be in addition to a fee for the City staff services, to be paid to the City, which
separate fees and deposits shall be established by City Council resolution.
The deposit shall not be considered as the total amount to be paid. The total amount shall
be the actual amount expended plus the fee for the City staff services.
Any unused portion of the required deposits will be returned to the petitioner. The fees
established herein may be changed by the City Council from time to time, by resolution or
ordinance, as appropriate. A copy of said resolution or ordinance shall be on file in the office of
the City Clerk and available for inspection during regular City office hours.
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1007.001 RULES AND DEFINITIONS.
1) Rules. The language set forth in the text of this Ordinance shall be interpreted in
accordance with the following rules of construction:
a) The singular number includes the plural, and the plural the singular.
b) The present tense includes the past and the future tenses, and the future the present.
c) The words "shall" and "must" are mandatory while the word "may" is permissive.
d) The masculine gender includes the feminine and neuter.
e) Whenever a word or term defined hereinafter appears in the text of this Ordinance,
its meaning shall be construed as set forth in such definition thereof.
f)
g)
In the event of conflicting provisions, the more restrictive shall apply.
All measured distances expressed in feet shall be the nearest tenth of a foot.
h) In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirement for the promotion of health, safety, and welfare.
2) Definitions. The following words and terms. wherever they occur in this Ordinance.
shall be interpreted as herein defined:
ACCESSORY BUILDING. A portion of the principal building or a detached structure on
the same lot which is used for an accessory use.
ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental
and subordinate to the principal use of the land or building and located on the same lot with such
principal use.
ADDITION. A physical enlargement of an existing structure.
ADJOINING LOT OR LAND. A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land.
ADULT USE RELATED TERMS.
a) ADULT USES. Adult uses include adult bookstores, adult motion picture theaters,
adult massage parlors, adult steam room/boathouse/sauna facilities, adult companionship
establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels,
adult body painting studios, and other premises, enterprises, establishments, businesses or places
open to some or all members of the public, at or in which there is an emphasis on the
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presentation, display, depiction or description of "specified sexual activities" or "specified
anatomical areas" which are capable of being seen by members of the public. Activities
classified as obscene as defined by Minnesota Statutes 617.241 are not included.
1. Specified Anatomical Areas:
a. Less than completely opaquely covered human genitals, pubic region,
buttock anus, or female breast(s) below a point immediately above the top ofthe areola; and
b. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
2. Specified Sexual Activities:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the context of a
sexual relationship, and any of the following: sexually -oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence: or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation: or
d. Fondling or touching of nude human genitals, pubic region, buttocks, or
female breast; or
e. Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, and who are engaged in activities involving the
flagellation, torture, fettering, binding or other physical restraint of any such persons; or
f. Erotic or lewd touching, fondling or other sexually -oriented contact with an
animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or anal irrigation.
b) ADULT USE - ACCESSORY. The offering of retail goods for sale which are
classified as adult uses on a limited scale and which are incidental to the primary activity and
goods and/or services offered by the establishment. Examples of such items include the sale of
adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and
the like.
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c) ADULT USES - PRINCIPAL: The offering of goods and/or services which are
classified as adult uses as a primary or sole activity of a business or establishment and include
but are not limited to the following:
1. Adult Use - Body Painting Studio. An establishment or business which provides
the service of applying paint or other substance, whether transparent or non -transparent, to or on
the body of a patron when such body is wholly or partially nude in terms of "specified
anatomical areas."
2. Adult Use - Bookstore. A building or portion of a building used for barter, rental
or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape,
compact discs, computer software, digital recordings, motion picture film, or other
communication mediums if such building or portion of a building is not open to the public
generally but only to one or more classes of the public excluding any minor by reason of age or
if a substantial or significant portion of such items are distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical
areas."
3. Adult Use - Cabaret. A building or portion of a building used for providing
dancing or other live entertainment, if such building or portion of a building excludes minors by
virtue of age or if such dancing or other live entertainment is distinguished or characterized by an
emphasis on the presentation, display, depiction or description of "specified sexual activities" or
specified anatomical areas."
4. Adult Use - Companionship Establishment. A companionship establishment
which excludes minors by reason of age, or which provides the service of engaging in or
listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
5. Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes
minors by reason of age, or which provides the service of engaging in or listening to
conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas."
6. Adult Use - Health/Sport Club. A health/sport club which excludes minors by
reason of age, or if such club is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
7. Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from
which minors are specifically excluded from patronage and wherein material is presented which
is distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities" or "specified anatomical areas."
8. Adult Use - Massage Parlor, Health Club. A massage parlor or health club
which restricts minors by reason of age, and which provides the services of massage, if such
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service is distinguished or characterized by an emphasis on "specified sexual activities" or
specified anatomical areas."
9. Adult Use - Mini -Motion Picture Theater. A building or portion of a building
with a capacity for less than 50 persons used for presenting material if such building or portion
of a building as a prevailing practice excludes minors by virtue of age, or if such material is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
10. Adult Use - Modeling Studio. An establishment whose major business is the
provision, to customers, of figure models who are so provided with the intent of providing sexual
stimulation or sexual gratification to such customers and who engage in "specified sexual
activities" or display "specified anatomical areas" while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
11. Adult Use - Motion Picture Arcade. Any place to which the public is permitted
or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled
or operated still or motor picture machines, projectors or other image -producing devices are
maintained to show images to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities" or "specified anatomical areas."
12. Adult Use - Motion Picture Theater. A building or portion of a building with a
capacity of fifty (50) or more persons used for presenting material if such building or portion of a
building as a prevailing practice excludes minors by virtue of age or if such material is
distinguished or characterized by an emphasis on "specified anatomical areas" for observation by
patrons therein.
13. Adult Use - Novelty Business. A business which has as a principal activity the
sale of devices which stimulate human genitals or devices which are designed for sexual
stimulation.
14. Adult Use - Sauna. A sauna which excludes minors by reason of age, or which
provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
15. Adult Use - Steam Room/Bathhouse Facility. A building or a portion of a
building used for providing a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing
agent if such building or portion of a building restricts minors by reason of age or if the service
provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas."
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L AGRICULTURAL BUILDING. An accessory building designed, constructed, used to
house farm implements or agriculture areas on agricultural lands as defined by State Statute
273.12, Section 23, as amended. A Minnesota Pollution Control Agency Permit may be
required.
A GRICULTURE. The use of land for the production, keeping or maintenance, for sale, or
personal use, of plants and animals useful to man, including but not limited to: forages and sod
crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or
hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary
products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or forestry
management program. Agricultural land uses do not include slaughter houses or the processing
of crops, produce, animals for public purchase or consumption as to constitute a commercial or
industrial land use.
AIRPORT. A place where aircraft can land and take off, usually equipped with hangars.
facilities for refueling and repair, and various accommodations for passengers.
AIRPORT, PRIVATE USE. Airports which are intended for use by certain individuals or
associations and not to the public.
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 ofthe 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
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Between 55 and 300 pounds 0.3
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
ANIMALS, DOMESTIC. Any animal commonly accepted as a domesticated household
pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including
pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-
venomous and non -constricting reptiles or amphibians, and other similar animals.
ANIMALS, FARM. Any animal commonly associated with a farm or performing work in
an agricultural setting. Unless otherwise defined, such animals shall include members of the
equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens,
turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and
other animals associated with a farm, ranch, or stable.
ANTENNA RELATED.
a) Personal Wireless Service. A device consisting of a metal, carbon, fiber, or
other electromagnetically conducive rods or elements on a single supporting pole or other
structure, and used for the transmission and reception of wireless communications including
cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR),
paging and similar services.
b) Public or Commercial Radio and Television, Broadcast Transmitting. A wire,
set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public
or commercial broadcast radio, or television programming and including the support structure
thereof.
c) Public Utility Microwave. A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the transmission and/or reception
of point to point UHF or VHF radio waves in wireless telephone communications, and including
the support structure thereof.
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d) Radio and Television Receiving. A wire, set of wires, metal or carbon fiber
element(s) other than satellite dish antennas, used to receive radio, television, or electromagnetic
waves, and including the support structure thereof.
e) Satellite Dish. A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such
device shall be used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what
are commonly referred to as satellite earth stations, TVROs (television receive only) and satellite
microwave antennas and support structure thereof.
f) Satellite Dish Height. The height of the antenna or dish measured vertically
from the highest point of the antenna or dish when positioned for operation, to the top of the
foundation which supports the antenna.
g) Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a device,
consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the
transmission and reception of radio waves used for short-wave and citizen band radio
communications, and including the supporting structure thereof.
h) Secondary Use. A use of land or of a building or a portion thereof which is
subordinate to and does not constitute the primary use of the land or building.
i) Structure, Public. An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner which is owned
or rented, and operated by a federal, state, or local government agency.
j) Support Structure. Any building or other structure other than a tower which can
be used for location of antennas.
k) Tower. Any ground mounted pole, spire, structure, or combination thereof,
including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of
mounting an antenna or similar apparatus above grade.
1) Tower, Temporary Mobile. Any mobile tower, pole, or structure located on a
trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna
or similar apparatus for personal wireless services, which is commonly referred to as Cellular on
Wheels (COW).
APARTMENT. A room or suite of rooms which is designed for, intended for, or used as
a residence by a single family or an individual, and is equipped with cooking facilities. Includes
dwelling unit and efficiency unit.
APPLICANT. The person(s) whose name(s) are on an application as owner, their agent
or person having legal control, ownership and/or interest in land for which the provisions of this
Ordinance are being considered or reviewed.
BASE MAP. A map having sufficient points or reference, such as state, county or
municipal boundary lines, streets, easements, and other selected physical features to allow the
plotting of other data.
BASEMENT. That portion of a building between floor and ceiling, which is partly below
and partly above grade, but so located that the vertical distance from grade to the floor below is
more than the vertical distance from grade to ceiling for more than 50% of its perimeter.
BATCH PLANT. A temporary facility/device that produces or processes concrete or
asphalt for a specified construction project over a defined period of time.
BA E A part of a building projecting or cantilevered from the main part.
BEVERAGE PRODUCTION AND BOTTLING. A facility for the production and
bottling of beverages including but not limited to soft drinks, milk, beer, wine, spirits, etc., but
not including hazardous or toxic materials.
BLUFF. A topographic feature such as a hill, cliff, or embankment having the following
characteristics:
a) Part of all of the feature is located in a shoreland area.
b) The slope rises at least twenty-five (25) feet above the ordinary high water level of
the water body.
c) The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or
more above the ordinary high water level averages thirty (30) percent or greater.
d) The slope must drain toward the water body.
BLUFF IMPACT ZONE. A bluff and land located within twenty (20) feet from the top
of a bluff.
BLUFF, TOE OF: The lower point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
BLUFF, TOP OF: The highest point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
BOARDER. An individual other than a member of the family occupying the dwelling
unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be
furnished meals or other services as part of the consideration.
BOARDING HOUSE. A building other than a hotel where, for compensation and by pre-
arrangement for definite periods, meals, or lodging and meals are provided to three (3) or more
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persons, not of the principal family therein, pursuant to previous arrangements and not to anyone
who may apply, but not including a building providing these services for more than ten (10)
persons.
BOATHOUSE. A structure used solely for the storage of boats or boating equipment.
BREW PUB. A restaurant that conducts the retail sale of malt liquor brewed on the
premise and licensed under Minnesota Statute section 340A.301, subdivision 6(d). Areas used
exclusively for brewing operations shall not exceed 25 percent of the total floor area. Included
within this use is the off -sale of malt liquor produced on site in refillable growlers pursuant to
Minnesota Statutes section 340A.301, subdivision 7(b).
BREWER TAPROOM. Facility on the premises of, or adjacent to, a malt liquor
beverage production facility / brewery intended for the on -sale and consumption of malt liquor
produced by the brewer pursuant to Minnesota Statute section 340A.301, subdivision 6b. A
brewer taproom may include a restaurant.
BUFFER. The use of land, topography, difference in elevation, space, fences or
landscape plantings to screen or partially screen a use or property from another use or property or
to shield or mitigate noise, lights or other impacts.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property
from another use or property or to shield or mitigate noise, lights, or other impacts.
BUILDABLE AREA. The portion of a lot remaining after yards have been provided.
BUILDABLE LAND, CONTIGUOUS. Land area occurring within the property lines of
a parcel or lot excluding wetlands and/or water bodies.
BUILDING. Any structure having a roof supported by columns or walls and intended
for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or
materials of any kind or nature.
BUILDING COVERAGE. The horizontal area measured within the outside of the
exterior walls and supporting columns of the ground floor of all principal and accessory
buildings on a lot.
BUILDING HEIGHT. The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average
height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by
either of the following, whichever yields a greater height of building:
a) The elevation of the highest adjoining sidewalk or ground surface within a five
5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground
surface is not more than ten (10) feet above lowest grade.
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b) An elevation ten (10) feet higher than the lowest grade when the sidewalk or
ground surface described in Item 1 above is more than ten (10) feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the
building.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the
required setback beyond which a structure may not extend.
BUILDING, POLE. Any structure possessing the following characteristics: structural
wood poles or timbers buried in ground without footings or with individual footings; metal wall
coverings hung in a manner that the wall coverings provide structural support for the wood
frame. Such definition shall not include or apply to decks, sign supports, earth retention
structures, playground equipment, electric utilities, or any other similar structure not covering or
enclosing a specific area.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot
on which it is located.
BUSINESS. Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or sold or where services are offered for compensation.
CANOPY. An accessory roof -like structure, which is either attached to or detached
from an allowable primary building; which is open on all sides, other than where attached; and,
which is located over and designed to provide cover for entrances, exits, walkways, and
approved off-street vehicle service areas.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed
and banks to confine and conduct water either continuously or periodically.
CHURCH. A building, together with its accessory buildings and use; where persons
regularly assemble for religious worship and which building, together with its accessory
buildings are uses, is maintained and controlled by a religious body organized to sustain public
worship.
CITY COUNCIL. The governing body for the City of Lino Lakes.
CLUB OR LODGE. A club or lodge is a non-profit association of persons who are
bonafide members paying annual dues, use of premises being restricted to members and their
guests.
COMMERCL4L USE. The principal use of land or buildings for the sale, lease, rental or
trade of products, goods and services, including, but not limited to:
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a) Automobile Repair -Major. General repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision service, including body, frame or fender straightening or
repair; overall painting or paint job; vehicle steam cleaning.
b) Automobile Repair -Minor. An establishment providing goods or services
related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid
changing, tire service and muffler repair and other uses of similar character, but not including
uses defined as a major automobile business or automobile sales.
c) Automobile Sales. The use of any building or land area for the display and sale
of new or used automobiles, trucks, vans, trailers or recreational vehicles including any major or
minor automobile repair or service uses conducted as an accessory use.
d) Automobile Service Station. Any building, land area or other premises, or
portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels;
and including as an accessory use the sale and installation of lubricants, tires, batteries, and
similar accessories.
e) Hospitality Business. An establishment offering transient lodging
accommodations on a daily rate to the general public, leasable events, meeting or conference
facilities and exhibition halls or other uses of similar character including hotels, motels,
convention facilities, and hospices.
f) Liquor Sales, Off -Sale. Licensed sale of intoxicating beverages for consumption
off site.
g) Liquor Sales, On -Sale. Licensed sale of intoxicating beverages for consumption
at the premises where the beverage is purchased.
h) Motor Fuel Station. A place where gasoline is stored only in underground
tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed
directly to the public on premises, and including minor accessories and services for automobiles,
but not including automobile major repairs and rebuilding.
i) Office Business -Clinic. An establishment located within a building or portion of
a building providing out-patient health services to patrons, including general medical clinics,
mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other
uses of similar character.
j) Office Business -General. An establishment located within a building or portion
of a building for the conduct of business activities involving predominantly professional
administrative or clerical service operations including attorneys, financial advisors, insurance,
travel, real estate, and other uses of similar character.
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k) Personal Service. Personal services shall include the following: barber shops,
beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage,
tattooing and body piercing. (Amended per Ord. 21-03)
I) Recreational Business. Arcade, health club, gymnasium, bowling alley, billiard
pool) hall, dance hall, dance studio, skating rinks, theaters, and indoor firearms range.
m) Restaurant. An establishment that serves food in individual servings for
consumption on or off premises, including sit-down restaurants, take out, pick up, or delivery
food sales, but not including drive-through facilities. Outdoor dining areas and drive-through
facilities may or may not be allowed in each zoning district: they are not automatically allowed
when a restaurant is an allowable use.
n) Retail Business. An establishment engaged in the display and sale of products
produced off-site directly to consumers within a building or portion of a building excluding any
exterior display and sales.
o) Service Business Off -Site. A company that provides useful labor, maintenance,
repair and activities incidental to business production or distribution where the service is
provided at the customer's location, including delivery services, catering services, plumbing and
sewer services, and other uses of similar character.
p) Service Business On -Site. An establishment that provides useful labor,
maintenance, repair and activities incidental to business production or distribution where the
customer patronizes the location of the operation, such as banks (not including drive-through
facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance
repair, tailor shops, and travel bureaus.
COMMUNITY GARDEN. A facility on public land for cultivation of fruits, flowers,
vegetables, or ornamental plants by more than one person or family.
COMPREHENSIVE PLAN. A Comprehensive Plan prepared and approved by the City,
including a compilation of policy statements, goals, standards, fiscal guidelines, and maps
indicating the general locations recommended for the various functional classes of land use,
places and structures, and for the general physical development of the City, including any unit or
part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE. A land use or development that may not be appropriate generally
within a certain district but may be allowed in that district with appropriate restrictions,
conditions or limitations as imposed by the City Council
CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance
with the procedures specified within this Ordinance as a device to enable the City Council to
assign conditions to a proposed use or development after consideration of the adjacent land uses
and the special characteristics which the proposed use presents.
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CONDOMINIUM. A multiple family dwelling or development containing individually
owned dwelling units and jointly owned and shared areas and facilities, which dwelling or
development is subject to the provisions of the Minnesota Condominium Law, Minnesota
Statutes sections 515.01 through 515.29.
CONDOMINIUM ASSOCIATION. The community association that administers and
maintains the common property and common elements of a condominium.
CONSTRUCTION. The erection, alteration or extension of a structure.
COOPERATIVE HOUSING. A multiple family dwelling owned and maintained by the
residents and subject to the provisions of Minnesota Statutes 290.09 and 290.13. The entire
structure and real property is under common ownership as contrasted to a condominium dwelling
where individual units are under separate individual occupant ownership.
CRITICAL AREA. An area with one or more of the following characteristics: (1) slopes
in excess of twenty (20) percent; (2) floodplain; (3) soils classified as having a high water table;
4) soils classified as highly erodible, subject to erosion; (5) land incapable of meeting
percolation requirements; (6) land formerly used for landfill operations or hazardous industrial
use; (7) fault areas; (8) stream corridors; (9) estuaries; (10) mature strands of native vegetation;
11) aquifer recharge and discharge areas.
CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a
radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter
tree has a CRZ with a radius of twenty (20) feet.
CUL-DE-SAC. (See Street)
DAY CARE FACILITY. Any facility licensed by the State Department of Public
Welfare, public or private, which for gain or otherwise regularly provides one or more persons
with care, training, supervision, habilitation, rehabilitation or developmental guidance on a
regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the
person's own home. Day care facilities include, but are not limited to, family day care homes,
group family day care homes, day care centers, day nurseries, nursery schools, daytime activity
centers, day treatment programs and day services, as defined by Minnesota State Statutes,
Section 245.782.5.
DECK. Horizontal, unenclosed platform with or without attached railings, seats, trellises,
or other features, attached or functionally related to a principal use or site and at any point
extending above grade.
DENSITY. The number of families, individuals, dwelling units, or housing structures per
unit of land. In this Ordinance, net density shall mean number of dwelling units per acre of
buildable land. Gross density shall mean number of units per acre ofthe total subject property.
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DETACHED GARAGE. A one-story accessory building used or intended for the storage
of motor driven passenger vehicles.
DETACHED OUTDOOR LIVING AREA. A flat surfaced seasonal outdoor room
intended for casual human use which may be screened but may not have permanent structural
walls or be covered by a permanent roof.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any
structure; any mining, excavation, landfill or land disturbance, and any use or extension of the
use of land.
DISTRICT. A section or sections of the City for which the regulations and provisions
governing the use of buildings and lands are uniform for each class of use permitted therein.
DOCK (BOAT LA UNCH). A structure accessory to the principal use of the property
which extends into navigable waters and used for the launching, landing or mooring of
watercraft.
DORMITORY. A building used as group living quarters for a student body or religious
order as an accessory use for a college, university, boarding school, orphanage, convent,
monastery or other similar institutional use.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading
or other means which include runoff controls to minimize erosion and sedimentation during and
after construction or development, the means for preserving the water supply and the prevention
or alleviation of flooding.
DRAINAGE SYSTEM. Any natural or artificial feature or structure used for the
conveyance, drainage, or storage of surface and/or underground water, including, but not limited
to, streams, rivers, creeks, ditches, channels, conduits, gullies, ravines, washes, lakes or ponds
and structures such as culverts, drainage tile, dams, bridges and water storage basins.
DRAINAGEWAY. Any natural or artificial watercourse, trench, ditch, swale or similar
depression into which surface water flows.
DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly
to the ground from the leaves or branches of the tree or one (1) foot per one (1) inch of diameter,
whichever is greater.
DRIVE-THROUGH FACILITIES. A physical facility that permits customers to
receive services or obtain goods while remaining in their motor vehicles. Examples include but
are not limited to bank and fast food restaurant drive-through facilities.
DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage,
dwelling or other structures.
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DWELLING. A structure or portion thereof which is used exclusively for human
habitation.
DWELLING, EFFICIENCY. A dwelling unit consisting of not more than one habitable
room together with kitchen or kitchenette and sanitary facilities.
DWELLING, MULTIPLE -FAMILY. A structure containing more than two dwelling
units.
DWELLING, SINGLE FAMILY DETACHED. A dwelling which is designed for and
occupied by not more than one family and surrounded by open space or yards and which is not
attached to any other dwelling by any means.
DWELLING, TOWNHOUSE. A one -family dwelling in a row of at least three (3) such
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more common fire resistant
walls.
DWELLING, TWO-FAMILY. A structure containing two dwelling units, each of which
is totally separated from the other by an unpierced wall extending from ground to roof or an
unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
DWELLING UNIT. One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities provided within the
dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT. A grant of one or more of the property rights by the property owner to
and/or for the use by the public, a corporation or another person or entity.
ELDERLY (SENIOR CITIZEN) HOUSING. A public agency owned or controlled
multiple dwelling building with open occupancy limited to persons over sixty (60) years of age.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by
public utilities or municipal departments of underground or overhead telephone, gas, electrical,
communication, water or sewer transmission, distribution, collection, supply or disposal systems
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, hydrants and other similar equipment and accessories in connection
therewith for the furnishing of adequate service by such private or public utilities or municipal
departments. Personal wireless service and commercial broadcasting antennas and towers shall
not be considered an essential service.
EXISTING USE. The use of a lot or structure at the time of the enactment of a zoning
ordinance.
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EXTERIOR STORAGE/STORAGE YARDS. An outside area where equipment, vehicles,
trailers, or material relating to the principal use of a parcel of land is stored. This includes semi -
trucks and trailers. The stored items are not for sale or display but are used in the everyday
operation of the principal use. Also referred to as "outdoor storage." Outdoor sales lots are not
outdoor storage but are distinct uses regulated by this ordinance.
EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand,
gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under
Minnesota Statutes, Sections 93.44 to 93.51.
FAMILY. An individual or two (2) or more persons related by blood or marriage or of not
more than five (5) persons (excluding servants) who need not be related by blood or marriage
living together in a dwelling unit.
FARM. Real property used for commercial agriculture or horticulture.
FEEDLOT. A confined area or structure used for feeding, breeding, or holding livestock
for eventual sale in which animal waste may accumulate but not including barns, pens or other
structures used in a dairy farm operation.
FENCE. A fence is defined for the purpose of this Ordinance as any partition, structure,
wall or gate erected as a dividing mark, barrier or enclosure.
FENCE, BOUNDARY LINE. All fences located within one (1) foot of a property line.
FENCE, INTERIOR YARD. All fences located five (5) feet beyond a property line.
FILTER STRIP. A linear strip of land along a lake, wetland, river, creek, or stormwater
ponding area where vegetation is established and maintained as a means to slow the velocity of
stormwater drainage and to filter sediment and pollutants from the stormwater.
FILLING. The act of depositing any rock, soil, gravel, sand or other material on a site.
FLOOD. A temporary rise in a stream flow or stage which results in inundation of the
areas adjacent to the channel.
FLOOD FRINGE. That portion of the floodplain outside of the floodway.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be
covered by the regional flood.
FLOOD PROFILE. A graph or a longitudinal plot of water surface elevation of a flood
event along a reach of a stream or river.
FLOODWAY. The channel of the watercourse and those portions of the adjoining
floodplains which are reasonably required to carry and discharge the regional flood.
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FLOOR AREA, NET. The total of all floor areas of a building, excluding stairwells and
elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the
first or ground floor, except when used or intended to be used for human habitation or service to
the public.
FOOTPRINT. The horizontal area measured within the outside of the exterior walls and
supporting columns of the ground floor of a building or structure.
GARAGE. A deck building or structure, or part thereof, used or intended to be used for the
parking and storage of vehicles.
GARAGE, PUBLIC. A garage other than a private garage, used for the housing or care of
motor vehicles, or where such vehicles are equipped for operation repairs, or kept for
renumeration, hire or sale.
GARAGE, STORAGE. Any building or premises used for the storage only of motor -
driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts,
fuel, grease or oil are sold and vehicles are not equipped, serviced, repaired, hired or sold.
GAZEBO. A freestanding accessory structure or pavilion from which views of
surrounding scenery are commonly offered. Such structures are characterized by partly open
construction, design symmetry, and the use of ornamental architectural features.
GOLF COURSE. An outdoor facility with at least nine holes for playing golf and that may
include accessory facilities and uses that serve the golfers such as a clubhouse, driving range, pro
shop, restaurants or other food and beverage services with or without outdoor dining/seating,
maintenance buildings, cart storage, shelters, lockers and showers. This definition includes
outdoor driving ranges but does not include miniature golf courses. On -sale liquor sales may be
an accessory use at a golf course provided the license required by Chapter 700 of the City Code
is obtained and current.
GOLF COURSE, MINIATURE: A facility for playing a novelty, small version of golf
played with a putter, typically comprised of miniature putting greens with artificial playing
surfaces and obstacles such as bridges and tunnels.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the
finished surface of the ground, paving, or sidewalk within the area between the building and
property line, or when the property line is more than five (5) feet from the building, between the
building and a line five (5) feet from the building.
GRADING PLAN. Existing topography and proposed finished grades with a contour
interval of no greater than two (2) feet clearly indicating the relationship of proposed changes to
existing topography and remaining features.
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GREENHOUSE/NURSERY, COMMERCIAL. An enterprise that conducts the retail
and/or wholesale of plants grown on the premises, as well as accessory items (but not power
equipment, such as gas or electric lawn mowers and farm implements) directly related to their
care and maintenance. (A greenhouse/nursery that does not conduct retail or wholesale is
considered horticulture.)
areas.
GREENWAY. Land shown in the Comprehensive Plan that is intended to:
a) Preserve contiguous open space to define neighborhoods.
b) Preserve ecologic features and function of unique environmentally sensitive
c) Protect a diversity of natural features and habitat.
d) Provide for passive recreational trail opportunities.
HARDSHIP. The same as that term is defined in Minnesota Statutes, Chapter 462.
HAZARDOUS WASTE. Any refuse, sludge, or other waste material or combination of
refuse, sludge, or other waste materials in solid, semi-solid, liquid, or contained gaseous form
which because of its quantity, concentration, or chemical, physical, or infectious characteristics
may:
a) Cause or significantly contribute to an increase in mortality or an increase in
serious or irreversible, or incapacitating reversible illness, or
b) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, or transported, or disposed of, or otherwise
managed. Categories of hazardous waste materials include, but are not limited to: explosives,
flammable, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include
source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as
amended.
HISTORIC SITE. Structure or area of land or water of historic, archaeological,
paleontological or architectural value which has been designated as an historic site in the Federal
Register of historical landmarks, the Minnesota Historical Society, or by a local governmental
unit.
HOME EXTENDED BUSINESS. A business conducted as part of a residential use which
is beyond the limits and scope of activities for home occupations as defined by this subdivision.
HOME OCCUPATION. Any activity by a resident carried out for business purposes and
which activity is clearly incidental and secondary to the residential use of the premises, and
which activity does not change the residential character thereof.
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HOMEOWNERS ASSOCIATION. A community association, other than a condominium
association, which is organized in a development in which individual owners share common
interests in open space or facilities.
HORTICULTURE. The use of land for the growing or production for income of fruits,
vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
Horticulture is a type of agricultural use.
HOUSEBOAT. A watercraft vessel having a super structure resembling a house, usually
moored, designed and used as a dwelling.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or
roots cannot penetrate.
INDIVIDUAL SEWAGE TREATMENT SYSTEM OR INDIVIDUAL SEWAGE
DISPOSAL SYSTEM. A sewage treatment system, or part thereof, serving a dwelling, or other
establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal
or using advanced treatment devices that discharge below final grade. Individual sewage
treatment system includes holding tanks and privies (per Minnesota Rules 7080).
INDUSTRIAL PARK. A large tract of land that has been planned, developed and operated
as an integrated facility for a number of individual industrial uses, with special attention to
circulation, parking, utility needs, aesthetics, and compatibility.
INTERIM USE. A temporary use of property until a particular date, until the occurrence
of a particular event, or until zoning regulations no longer allow said use.
IRRIGATION SYSTEM. Any structure or equipment, mechanized or other, used to
supply water for landscaping, vegetation, commercial agriculture or horticulture, including, but
not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and
reservoirs.
JUNK YARD. Any area, lot, land, parcel, building or structure or part thereof used for the
storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal
or other scrap or discarded goods, materials, machinery or two (2) or more unregistered,
inoperable motor vehicles or other type ofjunk.
KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the
business of boarding for a fee, for the business of breeding for sale or other profit-making
purpose, and not solely for private enjoyment.
KENNEL, PRIVATE. Any structure or premises on which 4 (four) dogs, over six months
of age, are kept for private enjoyment and not for monetary gain.
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LAND RECLAMATION. The process of the re-establishment of, acceptable topography
i.e., slopes), vegetative cover, soil stability, and the establishment of safe conditions appropriate
to the subsequent use of the land.
LIGHTING RELATED:
a) Cutoff The point at which all light rays emitted by a lamp, light source or
luminaire are completely eliminated at a specific angle above the ground.
b) Cutoff Angle. The angle formed by a line drawn from the direction of light rays
at the light source and a line perpendicular to the ground from the light source above which no
light is emitted (see Figure 1).
Figure 1. Cutoff Angle
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c\ -/Total Cutoff
c) Cutoff Type Luminaire. A luminaire with elements such as shields, reflectors,
or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety (90)
degrees.
d) Flashing Light. A light source which is not constant in intensity or color at all
times while in use.
e) Foot candle. A unit of illumination produced on a surface, all points of which
are one (1) foot from a uniform point source of one (1) candle.
f) Light Source. A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
g) Luminaire. A complete lighting unit consisting of a light source and all
necessary mechanical, electrical and decorative parts.
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h) Outdoor Lighting. Any light source or collection of light sources, located
outside a building, including but not limited to, light sources attached to any part of a structure,
located on the surface of the ground or located on freestanding poles.
i) Outdoor Light Fixture. Outdoor electrically powered illuminating devices,
outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or
portable, used for illumination or advertisement. The fixture includes the hardware that houses
the illumination source and to which the illumination source is attached including, but not
limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot,
and flood lights for:
1. Buildings and structures.
2. Recreational areas.
3. Parking lot lighting.
4. Landscaping lighting.
5. Signs.
6. Street lighting.
7. Product display area lighting.
8. Building overhangs and open canopies.
j) Security Lighting. Outdoor lighting fixtures installed exclusively as a measure to
reduce the possible occurrence of a crime on the property.
Figure 2 — Shielding
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k) Shielding. A technique or method of construction permanently covering the top
and sides of a light source by a material which restricts the light emitted to be projected below an
imaginary horizontal plane passing through the light fixture (see Figure 2).
1) Spillage. Any reflection, glare or other artificial Light that emits onto any
adjoining property or right-of-way and is above a defined maximum illumination.
LOT, LOT OF RECORD. A contiguous parcel, tract or area of land established by plat,
subdivision, or as otherwise permitted by law, that has one legal description and parcel
identification number recorded with the Anoka County Property Records Department. Also
referred to as a "parcel."
LOT AREA. The total area within the lot lines of a lot measured in a horizontal plane.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling or townhome subdivision.
LOT, CORNER. A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior
angle of which is one hundred thirty-five (135) degrees or less.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line
measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries.
LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot.
LOT, FLAG. A lot that has access to a public street via a narrow strip but does not have
the full required frontage on a public street.
LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets
minimum lot width requirements. If none of the boundaries abutting a public street meet
minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.
LOT, INTERIOR. A lot, other than corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership
except that where any position of the lot extends into the abutting street or alley, the lot line shall
be deemed to be the street or alley right-of-way.
LOT LINE, FRONT. The lot line separating a lot from the street right-of-way along the
lot frontage.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which
connects the side lot lines. For the purposes of this Ordinance, the rear lot line of a triangular lot
shall be a line entirely within the lot at least ten (10) feet long and parallel to and most distance
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point from the front lot line. If the front lot line on such a lot is curved, the rear lot line shall be
L.,
parallel to a line tangent to the front lot line.
LOT LINE, SIDE. Lot lines extending away from the lot frontage. which connects the
front and rear lot lines.
LOT, THROUGH. A lot fronting on two parallel streets.
LOT, TRL4NGULAR. A lot in which the side lot lines converge into a single vertex. The
vertex shall be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivisions of a two family dwelling or townhome
having different minimum lot size requirements than the conventional base lots within the zoning
district.
LOT WIDTH. The horizontal distance between the side lot line of a lot measured at the
front building setback line and parallel to the front lot line. If the front lot line is curved, such as
on a cul-de-sac, the lot width is measured along a line parallel to a tangent to the front lot line.
MANUFACTURED HOME. A manufactured home means a structure, transportable in
one or more sections, which in the traveling mode is eight (8) body feet or more in width, or
forty (40) body feet or more in length, or, when erected on side, is three hundred twenty (320) or
more square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems contained therein; except
that the term includes any structure which meets all the requirements and with respect to which
the manufacturer voluntarily files a certificate required by the Secretary of the United States
Department of Housing and Urban Development and complies with the standards established
under Minnesota Statute 327 including the Manufactured Home Building Code adopted therein.
MANUFACTURED HOME SUBDIVISION. A subdivision designed and/or intended for
the sale of lots for residential occupancy by manufactured homes.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which two
2) or more occupied manufactured homes are located, either free of charge or for compensation,
and includes any buildings or structures used or intended for use as part of the equipment of the
manufactured home park.
MANUFACTURED HOME LOT. A plot of land for placement of a single manufactured
home within a manufactured home park.
MINI SELF -STORAGE. An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for the storage of household goods or
personal belongings.
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MOBILE HOMES. A single family detached dwelling unit or other structure designed for
year around occupancy constructed at a factory or assembly plant and drawn to the site on a
permanently attached undercarriage and wheels. Mobile homes should not include all types of
manufactured homes as defined herein.
MODEL HOME. A home which is similar to others in a development and which is open
to public inspection for the purpose of selling said other homes.
MOTOR VEHICLE SALES LOT. The use of any building, land area, or other premises
or portion thereof, for the display, sale, or lease of automobiles, trucks, vans, trailers, or
recreational vehicles.
NON -CONFORMING USES. A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of the zoning district.
NUISANCE. Anything defined as a nuisance by Section 900 of the City Code.
NURSING HOME (REST HOME). A building having accommodations where care for
pay is provided for two (2) or more invalids, infirm, aged or convalescent persons who are not of
the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions.
OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a
building or on the lot, for the use of trucks while loading or unloading merchandise or materials.
ON -STREET PARKING SPACE. A temporary storage area for a motor vehicle which is
located on a dedicated street right-of-way.
OPEN AIR MARKET. An occasional or periodic market held in an open area or
structure where goods are offered for sale to the general public by individual sellers from open or
semi -open facilities or temporary structures.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, PRIVATE. Common open space held in private ownership, the use of
which is normally limited to the occupants of a single dwelling or building.
OPEN SPACE, PUBLIC. Open space owned by a public agency and maintained by it for
the use and enjoyment of the general public.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and
wetlands as determined by the Minnesota Dept. of Natural Resources: an elevation delineating
the highest water level which has been maintained for a sufficient period of time to leave
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evidence upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
OUTDOOR STORAGE. See "exterior storage."
PARCEL. A contiguous tract or area of land established by plat, subdivision, or as
otherwise permitted by law, that has one legal description and parcel identification number
recorded with the Anoka County Property Records Department. Also referred to as a "lot" or
lot of record."
PARK, PRIVATE. A tract of land presently owned or controlled and used by private or
semi-public persons, entities, groups, etc. for active and/or passive recreational purposes.
PARK, PUBLIC. A tract of land publicly owned and used by the public for active and/or
passive recreational purposes.
PARKING LOT. An off-street, ground level area. usually surfaced and improved. for the
temporary storage of motor vehicles.
PARKING SPACE. A space for the parking of a motor vehicle within a public or private
parking area.
PARTY WALL. A common shared wall between two (2) separate structures. buildings, or
dwelling units.
PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PERSONAL SERVICE. Personal services shall include the following: barber shops,
beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage,
tattooing, and body piercing. (added per Ord. 21-03)
PLANNED UNIT DEVELOPMENT. An area of a minimum contiguous size, as specified
by ordinance, to be planned and developed as a single entity containing one or more residential
clusters or planned residential developments and/or one or more public, quasi -public,
commercial or industrial areas in such ranges of ratios of non-residential uses to residential uses
as shall be specified.
PLAY AND RECREATIONAL FACILITIES. Equipment customary and incidental to the
principal use of the site intended for the enjoyment and convenience of the residents of the
principal use and their occasional guests. Such facilities include swing sets, play sculptures,
sand boxes, picnic tables, basketball standards, barbeque grills and the like.
PRINCIPAL USE. The primary or predominant use of any lot and/or building.
PUBLIC WATERS. As defined in Minnesota Statutes section 103G.005, subdivision 15:
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a) Public Waters, General Development. Those waters whose shores are generally
characterized by medium density residential development with or without limited service-
oriented commercial development.
b) Public Waters, Natural Environment. Generally small, often shallow lakes with
limited capacities for assimilating the impacts of development and recreational use. They often
have adjacent lands with substantial constraints for development such as high water tables,
exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not
have much existing development or recreational use.
c) Public Waters, Recreational Development. Generally medium sized lakes of
varying depths and shapes with a variety of landform, soil and ground water situations on the
lands around them. They often are characterized by moderate levels of recreational use and
existing development. Development consists mainly of seasonal and year round residences and
recreational -oriented commercial uses. Many of these lakes have capacities for accommodating
additional development and use.
d) Public Waters, Tributary Rivers. Segments consisting of watercourses mapped
in the Protected Waters Inventory that have not been assigned one of the river classes. These
segments have a wide variety of existing land and recreational use characteristics. The segments
have considerable potential for additional development and recreational use, particularly those
located near roads and cities.
PUBLICATION. Notice placed in the official City newspaper stating time, location and
date of meeting and description of the topic.
QUADRAMINIUM. A single structure which contains four (4) separately owned dwelling
units, all of which have individually separate entrances from the exterior of the structure.
QUARTER -QUARTER SECTION. The northeast, northwest, southwest or southeast
quarter of a quarter section delineated by the United States Government system of land survey
and which is exactly or nearly forty (40) acres in size.
RECREATION AREA. An outdoor area which may include water bodies and incidental
buildings thereto used or intended for active or passive recreation, including, but not limited to,
parks, playground, hunting preserves, polo grounds, nature trails, bridle paths, beaches,
campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are
located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities
conducted primarily in structures are not recreation areas.
RECREATIONAL VEHICLE. A vehicle designed and used for recreational purposes and
enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles, boats, race
cars, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
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REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one (1)
foot above the elevation of the floodplain, plus any increases in flood heights attributable to
encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance
are required to be elevated or flood proofed.
RELATIVE. Father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law.
RESIDENTIAL FACILITY, STATE LICENSED. Any program, defined by Minnesota
Statutes section 245A.02, subdivision 14, that provides twenty four (24) hour a day care,
supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a
person's own home, including a nursing home or hospital that receives public funds,
administered by the commissioner of the Department of Human Services to provide services for
five (5) or more persons whose primary diagnosis is mental retardation or a related condition or
mental illness and who do not have a significant physical or medical problem that necessitates
nursing home care; a program in an intermediate care facility for four (4) or more persons with
mental retardation or a related condition; a nursing home or hospital that was licensed by the
commissioner of the Department of Human Services on July 1, 1987, to provide a program for
persons with a physical handicap that is not the result of the normal aging process and considered
to be a chronic condition; and chemical dependency or chemical abuse programs that are located
in a hospital or nursing home and receive public funds for providing chemical abuse or chemical
dependency treatment services under Minnesota Statutes 254B. Residential programs include
home and community-based services for persons with mental retardation or a related condition
that are provided in or outside of a person's own home.
deed.
RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in the
SANITARY LAND FILL. A site used for solid waste disposal.
SCHOOL. Any building or part thereof which is designed, constructed or used for
educational or instruction in any branch of knowledge.
SCHOOL, PRIVATE. Any building or group of buildings the use of which meets state
requirements for primary, secondary, or higher education and which use does not secure the
major part of its funding of any governmental agency.
SETBACK. The minimum horizontal distance between a structure, individual sewage
treatment system, or other facility, and an ordinary high water level, sewage treatment system,
top of bluff, road, highway, property line, or other facility.
SETBACK LINE. That line that is the required minimum distance from the street right-of-
way line or any other lot line that establishes the area within which the principal structure must
be erected or placed.
SHORELAND. Land located within the following distances from public waters: one
thousand (1000) feet from the ordinary high water level of a lake, pond or flowage and three
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hundred (300) feet from a river or stream or the landward extent of a floodplain designated in
Chapter 1102 of the City Code on a river or stream, whichever is greater. The limits of
shorelands may be reduced whenever the waters involved are bounded by topographic divides
which extend landward from the waters for lesser distances and when approved by the
Commissioner of Natural Resources.
SHORELAND IMPACT ZONE. Land located between the ordinary high water level of
a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images.
SIGN AREA. The entire face of a sign including the advertising surface and any framing.
trim or molding, but not including the supporting structure.
SIGNIFICANT TREE. — See definition of Tree.
SPECIMEN TREE. — See definition of Tree.
SITE PLAN. The development plan for one or more lots on which is shown the existing
and proposed conditions of the lot including: topography, vegetation, drainage, floodplains,
marshes and waterways, open spaces, walkways, means of ingress and egress, utility services,
landscaping, structures and signs, lighting and screening device; any other information that
reasonably may be required in order that an informed decision can be made by the approving
authority.
SLOPE. The degree of deviation of a surface from the horizontal, usually, expressed in
percent or degrees.
SOIL CONSERVATION PLAN. A description of the soils of the site and information on
soil suitability. Also included shall be any remedial steps taken by the developer to render the
soils suitable and any erosion and sedimentation controls indicating type and location of control
measures. The plan should provide for the protection of soils during the construction process
and/or the long-term occupancy of the site.
SPORT COURT. An outdoor facility that typically includes a paved playing surface for
one or more sport activities such as, but not limited to, tennis, basketball, hockey, or volleyball.
STABLE, COMMERCIAL. The business of boarding horses for fee for persons not
residing on the premises and may include instruction, exhibition and sale of horses. This shall
include the raising and breeding of horses.
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STEEP SLOPE. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other technical
reports, unless appropriate design and construction techniques and farming practices are used in
accordance with the provisions of this Ordinance. Where specific information is not available,
steep slopes are lands having average slopes over twelve (12) percent, as measured over
horizontal distances of fifty (50) feet or more, that are not bluffs.
STORAGE BUILDING. A one-story accessory building used or intended for the storage
of hobby tools, garden equipment, workshop equipment, boats, snowmobiles, etc.
STORAGE, EXTERIOR OR OUTDOOR. See "exterior storage."
STORY. That portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, except that the topmost story shall be that upper
surface of the topmost floor and the ceiling or roof above. If the finished floor level directly
above a basement or unused under -floor space is more than six (6) feet above grade as defined
herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet
above grade as defined herein at any point, such basement or unused under -floor space shall be
considered as a story.
STORY, FIRST. The lowest story in a building which qualifies as a story, as defined
herein, except that a floor level in a building having only one floor level shall be classified as a
first story, provided such floor level is not more than four (4) feet below grade, as defined herein,
for more than fifty (50) percent of the total perimeter, or more than eight (8) feet below grade, as
defined herein, at any point.
STREET. A right-of-way affording access by pedestrians and vehicles, whether
designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
court, way, trail or however otherwise designated. Private, ingress and egress easements shall
not be considered streets.
STREET, CUL-DE-SAC. A local street, one end of which is closed and consists of a
circular turn around.
STREET, COLLECTOR. A street which collects traffic from local streets and connects
with minor and major arterials. See City's Functional Classification System for Roadways
contained in the Comprehensive Plan.
STREET, LOCAL. A street designed to provide vehicular access to abutting property and
to discourage through traffic. See City's Functional Classification System for Roadways
contained in the Comprehensive Plan.
STREET, MINOR ARTERIAL. A street with signals at important intersections and stop
signs on the side streets, and which collects and distributes traffic to and from collector streets.
See City's Functional Classification System for Roadways contained in the Comprehensive Plan.
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STRUCTURE. Anything which is built, constructed or erected, an edifice or building of
any kind, or any piece of work artificially built up and/or composed of parts joined together in
some definite manner whether temporary or permanent in character.
STRUCTURE ALTERATION. Any change in either the supporting members of a
building, such as bearing walls, columns, beams and girders, or in the dimensions or
configurations of the roof or exterior walls.
SUBSTANTIAL IMPROVEMENT. Any extension, repair, reconstruction, or other
improvement of a property, the cost of which equals or exceeds fifty (50) percent of the fair
market value of a property either before the improvement is started or if the property has been
damaged and is being restored, before the damage occurred.
SWIMMING POOL. A water -filled enclosure, permanently constructed or portable,
having a depth of more than eighteen (18) inches below the level of the surrounding land, or an
above surface pool having a depth of more than thirty (30) inches designed, used and maintained
for swimming and bathing.
TEMPORARY STRUCTURE. A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which the temporary structure
was erected has ceased.
TERRACE. A raised flat area with sloping sides or sides held by retaining walls,
unroofed and landscaped or surfaced.
TOOL SHED. A small one-story accessory building used or intended for the storage of
hobby tools and garden equipment.
TOPOGRAPHY. The configuration of a surface area showing relative elevations.
TOWNHOUSE. A single family dwelling unit constructed in a group of three or more
attached units in which each unit extends from foundation to roof and with open space on at least
two sides.
TRAILER. A vehicle without motive power, designed to be towed by a passenger
automobile but not designed for human occupancy and which may include a utility trailer, boat
trailer, horse trailer, or snowmobile trailer.
TRANSIENT MERCHANT. Any individual person whose business in the city is
temporary or seasonal and consists of selling and delivering merchandise within the city, and
who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the
exhibition and sale of the merchandise.
TREE. Any of the following type of trees, as each is defined herein:
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1.. (a) Coniferous Tree. A woody plant which, at maturity, is at least twelve (12) feet
or more in height, having foliage on the outermost portion of the branches year round.
b) Deciduous Tree. A woody plant which, at maturity, is at least fifteen (15) feet
or more in height, having a defined crown, and which sheds leaves annually.
c) Significant Tree. A healthy tree measuring a minimum of six (6) inches in
diameter for deciduous trees, or a minimum of twelve (12) feet in height for coniferous trees.
d) Significant Tree Stand. A grouping or cluster of coniferous and/or deciduous
trees with contiguous crown cover, occupying five hundred (500) or more square feet of
property, which are comprised of deciduous trees six (6) inches or larger in diameter or
coniferous trees twelve (12) feet or higher in height.
e) Specimen Tree. A healthy hardwood tree measuring equal to or greater than
thirty (30) inches in diameter and/or a coniferous tree measuring fifty (50) feet or greater in
height.
TREE CERTIFICATION. A certified inventory of trees on the site after work is
complete listing all trees and their final disposition, which is signed by a licensed forester or
landscape architect.
TREE PRESERVATION PLAN. A plan and inventory certified by a forester or
landscape architect indicating all of the significant trees and their locations in the proposed
development or on the lot. The tree preservation plan shall include the size, species, tag
numbers, and location of all significant trees proposed to be saved and removed on the area of
development, and the measures proposed to protect the significant trees to be saved.
TRUCKING TERMINAL. Land or buildings used primarily as a relay station for the
transfer of freight from one vehicle to another or one party to another rather than permanent or
long term storage. The terminal facility might include storage areas for trucks and buildings for
truck maintenance and repair.
VARIANCE. A modification of the strict provisions of this Ordinance as applied to a
specific piece of property in order to provide relief for a property owner because of undue
hardship imposed upon the property by this Ordinance. A variance shall normally be limited to
height, density and yard requirements. A modification in the allowable uses within a district
shall not be considered a variance.
VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and
boarding of animals and birds, under the direction of one or more licensed veterinarians.
WADING POOL. An above -ground or in -ground structure containing less than eighteen
18) inches of water.
WAREHOUSE. A building used for warehousing.
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WAREHOUSING AND DISTRIBUTION. The storage, wholesaling, or distribution of
manufactured products, supplies, and equipment.
WATERBODY OR WATERCOURSE. Any natural or man-made passageway on the
surface of the earth so situated and having such a topographical nature that surface water stands
or flows through it from other areas. The term includes ponding areas, drainage channels,
swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface
water flow which is the result of storm water or ground water discharge. This term does not
include man-made piping systems commonly referred to as storm sewers.
WATERSHED. The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDS. An area where water stands near, or above the soil surface during a
significant portion of most years, saturating the soil and supporting a predominantly aquatic form
of vegetation, and which may have the following characteristics:
a) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow,
shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer
swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7,
and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the
U.S. 1956".)
b) Mineral soils with gley horizons or organic soils belonging to the Histosol order
peat and mulch).
c) Soil which is water logged or covered with water at least three (3) months of the
year.
d) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and
such property, may be shallow water bodies, the waters of which are stagnant or actuated by very
feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage
to be made arable. The edge of a wetland is commonly that point where the natural vegetation
changes from predominantly aquatic to preeminently terrestrial.
YARD. An open space that lies between the principal or accessory building or buildings
and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward
except as may be specifically provided in the Zoning Ordinance.
YARD, FRONT. An open space that lies between the principal or accessory building or
buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground
upward except as may be specifically provided in the Zoning Ordinance.
YARD, REAR. A yard extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of the principal building.
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YARD, SIDE. A yard on each side of the building between the building and the side line
of the lot and extending from the front yard to the rear yard.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more
of the building's sides rests directly on a lot line.
ZONING ADMINISTRATOR. The Community Development Director, who is charged
with the administration and enforcement of this Ordinance.
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Th
ADMINISTRATION
1007.015 ADMINISTRATION: AMENDMENTS AND REZONINGS.
In accordance with the provisions of Minnesota Statutes, the City Council may from time to
time amend the Zoning Ordinance text or map (rezoning). Amendments may be initiated by City
Council, Planning and Zoning Board, or property owner. The procedure for an amendment to the
Zoning Ordinance or Zoning District Map (rezone) shall be as follows:
1) Persons wishing to initiate an amendment shall submit a "Land Use Application Form"
accompanied by a fee as required in § 1007.000 (9) of this ordinance to be used for the costs of
processing the application. The Land Use Application Form shall be filed with the Zoning
Administrator. The request for amendment shall be placed on the agenda of the Planning and
Zoning Board according to the City's deadline and meeting schedule. The request shall be
considered officially submitted and the application approval time line commences when all the
information requirements are complied with.
2) Property owners or occupants within six hundred (600) feet of any property proposed
for zoning district amendment (rezoning) shall be notified in writing, although failure by any
property owner to receive notification shall not invalidate the proceedings, provided that proof of
an attempt at notification has been made. Notification shall be by first-class mail. A notice shall
be published in the newspaper and mailed to property owners at least ten (10) days prior to the
day of the public hearing. Such notification shall include the Affidavit of Mailing completed by
the City and a list of all persons who have been notified pursuant to this section. In the case of
rezoning shoreland, as defined by Lino Lakes Ordinance, all property owners or occupants of
property, which abut the shoreline, shall be notified in writing of any property proposed for any
zoning district amendment (rezoning), even though their property may be beyond the six hundred
600) feet previously contemplated in this section.
3) Depending on the project and as determined by the Community Development Director,
either site and building plans consistent with the requirements established in § 1007.020 or
information required by Chapter 1000 of the City Code for a plat submittal, shall be provided
prior to Planning and Zoning Board review.
4) The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing a
recommendation of the action to the City Council.
5) The Planning and Zoning Board shall consider possible adverse effects of the proposed
amendment. Its judgement shall be based upon, but not limited to, the following factors:
a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive Plan.
area.
b) The proposed use is or will be compatible with present and future land uses of the
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c) The proposed use conforms with all performance standards contained herein.
d) The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
e) Traffic generation by the proposed use is within capabilities of streets serving the
property.
6) A public hearing on the rezoning application shall be held by the Planning and Zoning
Board or City Council.
7) The City Council must approve or deny the application for zoning amendment request
within sixty (60) days of receiving all required information. The sixty (60) day time limit starts
over only if the City sends notice, within ten (10) business days, of receipt of the request, telling
the applicant what information is missing. The City may extend the sixty (60) day time limit
before the end of such time limit by providing written notice of the extension to the applicant.
The notification shall state the reasons for the extension and its anticipated length, which may
not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny
an application within sixty (60) days is approval of the request. If the City Council denies a
request, it shall state in writing the reasons for the denial at the time it denies the request.
8) Approval of a proposed amendment shall require passage by a majority vote of all
members of the City Council except that the adoption or amendment of any portion of a zoning
ordinance which changes all or part of the existing classification of a zoning district from
residential to either commercial or industrial requires a four-fifths (4/5) majority vote of all
members of the City Council.
9) The amendment shall not become effective until such time as the City Council approves
an ordinance reflecting said amendment and after said ordinance is published in the official
newspaper. An emergency ordinance shall take effect immediately upon its adoption or at such
later date as it specifies. Every other ordinance shall take effect thirty (30) days after its
publication or at such later date as it specifies.
10) No application for a zoning amendment or rezoning which has been denied shall be
resubmitted for a period of twelve (12) months from the date of said order of denial.
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1007.016 ADMINISTRATION: CONDITIONAL USE PERMITS.
1) General Statement. Certain uses, while generally not suitable in a particular zoning
district, may under some circumstances be suitable. When such circumstances exist, a
conditional use permit may be granted. Conditions may be applied to issuance of the permit and
an annual review of the permit shall be required. The permit shall be granted for a particular use
and not for a particular person or firm. Conditional use permits may be granted in accordance
with this subdivision for any use or purpose for which such permits are required or permitted by
this ordinance or as listed as a conditional use for the zoning districts provided in § 1007.080
through §1007.132 of this ordinance.
2) Procedure.
a) The person applying for a conditional use permit shall fill out and submit to the
Zoning Administrator a "Land Use Application Form" together with a fee as established by City
Council resolution. The request for conditional use permit shall be placed on the agenda of the
Planning & Zoning Board according to the City's deadline and meeting schedule. The request
shall be considered officially submitted and the application approval time line commences when
all the information requirements are complied with.
b) A public hearing on the conditional use permits shall be held by the Planning and
Zoning Board or the City Council.
c) At least ten (10) days prior to the public hearing; notice of the purpose, time and
place of such public hearing shall be published in the official newspaper of the City and mailed
to the property owners within three hundred fifty (350) feet of the property in question. Failure
of any property owner to receive the mailed notification shall not invalidate the proceedings.
d) The applicant or his representative must appear before the Planning and Zoning
Board in order to answer questions concerning the proposed conditional use.
e) Site and building plans consistent with the requirements established in §1007.019
2) shall be provided prior to Planning and Zoning Board review.
f) The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate and provide general assistance in preparing a
recommendation ofthe action to the City Council.
g) Standards. The Planning and Zoning Board shall recommend a conditional use
permit and the Council shall order the issuance of such permit only if it finds 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.
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b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
a. Natural Environment Plan.
2. The proposed development application is compatible with present and future land
uses of the area.
3. The proposed development application conforms to performance standards
herein and other applicable City Codes.
4. Traffic generated by a proposed development application is within the
capabilities ofthe 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 1. to 4. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must
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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.
i. The proposed development shall be served with adequate and safe water
j. The proposed development shall be served with an adequate and safe sanitary
k. The proposed development shall not result in the premature expenditures of
City funds on capital improvements necessary to accommodate the proposed development.
supply.
sewer system.
5. 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.
6. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
h) Whether the Planning and Zoning Board recommends denial or approval of a
conditional use permit or the Council orders such denial or approval, it shall include in its
recommendations or determination findings as to the ways in which the proposed use does or
does not comply with the standards established in this Ordinance.
i) The City Council must approve or deny the application for amendment or
conditional use permit requests within sixty (60) days of receiving all required information. The
sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days of
receipt of the request, telling the applicant what information is missing. The City may extend the
sixty (60) day time limit before the end of such time limit by providing written notice of the
extension to the applicant. The notification must state the reasons for the extension and its
anticipated length, which may not exceed sixty (60) days, unless approved by the applicant.
Failure of the City Council to deny an application within sixty (60) days is approval of the
request. If the City Council denies a request, it must state in writing the reasons for the denial at
the time it denies the request.
j) Following approval of the conditional use permit, the City shall file a certified copy
thereof including a legal description ofthe property with the County Recorder and/or Registrar of
Title.
k) If construction has not begun within one (1) year after the date of the conditional
use permit, or if substantial construction has not taken place within three (3) years after the date
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of issuance of the conditional use permit, the permit is void. A conditional use specified in the
permit expires if, for any reason, the authorized use ceases for more than one (1) year.
1) If a time limit or periodic review is included as a condition by which a conditional
use permit is granted, the conditional use permit may be reviewed at a public hearing with notice
of said hearing published at least ten (10) days prior to the review; it shall be the responsibility of
the City Clerk to schedule such public hearings and the owner of land having a conditional use
permit shall not be required to pay a fee for said review.
m) Any change involving structural alteration, enlargement, intensification of use, or
similar change not specifically permitted by the conditional use permit issued shall require an
amended conditional use permit and all procedures shall apply as if a new permit were being
issued. An amended conditional use permit application and requests for changes in conditions
shall be administered in a manner similar to that required for a conditional use permit.
n) All uses existing as of July 14, 1997 that are included in the list of conditional uses
for the zoning district in which they are located shall be considered as having a conditional use
permit which contains conditions that permit the land use and structures as they existed on said
date. Any enlargement, structural alteration, or intensification of such use shall require an
amended conditional use permit as provided for above.
o) No application for a conditional use permit shall be resubmitted for a period of
twelve (12) months from the date of said order of denial. ',
3) Revocation. If an approved conditional use permit is in violation of this Ordinance or
the conditions of permit approval, the City may initiate a process to revoke the conditional use
permit. The City shall then conduct a public hearing to consider the revocation of a conditional
use permit. Notifications shall be distributed and published according to paragraph (2)(c) The
public hearing shall be conducted by the Planning & Zoning Board, which shall make a
recommendation to the City Council. In considering revocation, the Board and the City Council
shall consider compliance with the approved conditions of the conditional use permit and the
standards listed in paragraph (2)(g). The City may also conduct a public hearing and consider
revocation if the time requirements of paragraph (2)(k) have not been met.
a) Following a vote by the City Council to revoke the conditional use permit, the City
shall file a certified copy thereof including a legal description of the property with the County
Recorder and/or Registrar of Title.
1007.017 ADNIINISTRATION: INTERIM USE PERMITS.
1) Purpose and Intent. The purpose and intent of allowing interim uses is:
a) To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
b) To allow a use that is presently judged acceptable by the City Council, but that with
anticipated development or redevelopment, will not be acceptable in the future or will be
replaced in the future by a permitted or conditional use allowed within the respective district.
c) To allow a use which is reflective of anticipated long range change to an area and
which is in compliance with the Comprehensive Plan provided that said use maintains harmony
and compatibility with surrounding uses and is in keeping with the architectural character and
design standards of existing uses and development.
2) Procedure.
a) Existing Uses. All uses existing as of July 14, 1997 that are included in the list of
interim uses for the zoning district in which they are located shall be considered as having an
interim use permit which contains conditions that permit the land use and structures as they
existed on said date. Any enlargement, structural alteration, or intensification of such use shall
require an amended interim use permit regulated by the § 1007.017of this Ordinance and shall be
processed according to the submittal requirements, standards and procedures for a conditional
use permit as established by §1007.016 of this Ordinance.
b) New Uses. Uses defined as interim uses which do not presently exist within a
respective zoning district shall be processed according to the submittal requirements, standards
and procedures for a conditional use permit as established by §1007.016 of this Ordinance.
3) General Standards. An interim use shall comply with the following:
a) Existing Uses. Existing uses shall be in conformance with zoning and building
standards in effect at the time of initial construction and development, and may not be enlarged
or expanded except under the terms for newly established uses, and shall continue to be governed
by such regulations in the future.
b) New Uses.
Ordinance.
1. Meets the standards of a conditional use permit set forth in § 1007.016 of this
2. Conforms to the applicable performance standards of this Ordinance.
3. The use is allowed in an interim use in the respective zoning district.
4. The date or event that will terminate the use can be identified with certainty.
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5. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
6. The user agrees to any conditions that the City Council deem appropriate for
permission of the use.
4) Termination. An interim use shall terminate on the happening of any of the following
events, whichever first occurs:
a) The date stated in the permit.
b) Upon violation of conditions under which the permit was issued.
c) Upon change in the City's zoning regulations which renders the use non-
conforming.
d) The redevelopment of the use and property upon which it is located to a permitted
or conditional use as allowed within the respective zoning district.
5) Revocation. If an approved interim use permit is in violation of this Ordinance or the
conditions of permit approval, the City may initiate a process to revoke the interim use permit.
The City shall then conduct a public hearing to consider the revocation of an interim use permit.
Notifications shall be distributed and published according to paragraph (2). The public hearing
shall be conducted by the Planning & Zoning Board, which shall make a recommendation to the
City Council. In considering revocation, the Board and the City Council shall consider
compliance with the approved conditions of the interim use permit and the standards listed in
paragraph (3).
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1007.018 VARIANCES AND APPEALS.
1) Variances. Variances from the requirements of this ordinance, including restrictions
placed on nonconformities, may be granted under the following conditions.
a) Criteria and Findings of Fact. No variance shall be granted unless it meets all the
criteria in paragraphs 1. through 6. or unless paragraph 7. applies. The City shall make findings
regarding compliance with these criteria.
ordinance.
1. The variance shall be in harmony with the general purposes and intent of the
2. The variance shall be consistent with the comprehensive plan.
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. Economic
considerations alone do not constitute practical difficulties. Practical difficulties include, but are
not limited to, inadequate access to direct sunlight for solar energy systems.
4. The plight of the landowner shall be due to circumstances unique to the property
not created by the landowner.
5. The variance shall not alter the essential character of the locality.
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.
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.
b) Variance Procedure. The City shall decide upon requests for variance by approving
or denying the same in part or in whole. The procedure for granting variances is as follows:
1. A person desiring a variance shall fill out and submit to the Zoning
Administrator or his/her designee a "Land Use Application Form", together with a fee as
established by City Council resolution/ordinance and all related material to document said
hardship.
2. The request for variance shall be placed on the agenda of the Planning and
Zoning Board according to the City's deadline and meeting schedule. The request shall be
considered as being officially submitted and the application approval timeline commences when
all the information requirements are complied with.
3. The City Council must approve or deny the application within sixty (60) days of
receiving all required information. Failure of the City Council to deny an application within
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ANN
sixty (60) days is approval of the request. If the City Council denies an application, it shall state
in writing the reasons for the denial at the time it denies the application. However, when a vote
on a resolution or properly made motion to approve an application fails for any reason, the failure
shall constitute a denial of the application provided that those voting against the motion state on
the record the reasons why they oppose the application.
a. The sixty (60) day time limit starts over only if the City sends notice, within
ten (15) business days of receipt of the application, telling the applicant what information is
missing. The City may extend the sixty (60) day time limit before the end of such time limit by
providing written notice of the extension to the applicant. The notification shall state the reasons
for the extension and its anticipated length, which may not exceed sixty (60) days, unless
approved by the applicant. An applicant may by written notice to the City request an extension
of the time limit.
b. Other conditions ofMN Stat 15.99, as amended, also apply.
4. The petitioner or representative may appear before the Planning and Zoning
Board in order to present information or to answer questions. The Board shall make a
recommendation to the City Council including findings on compliance with required criteria and
conditions to be imposed.
5. The City Council may grant the variance if it has been established that the
application complies with the required criteria. The City Council shall, on all variance
applications whether granted or denied, record findings of fact. Such findings shall be recorded
in writing and shall state the City Council's reasons for such action.
6. Following approval of the variance, the City shall file a certified copy thereof
including a legal description of the property with the County Recorder or Registrar of Titles.
c) The City may impose conditions in the granting of variances. Conditions must be
directly related to and must bear a rough proportionality to the impact created by the variance.
d) Submittal Requirements. Applications for variances shall be filed with the
Community Development Department and shall be accompanied by the following submittal
information:
1. Proof of title and contract/purchase agreement and/or property owner signature
on the application form when applicable.
2. Eight (8) large scale copies and reduced (11" x 17") copies of detailed written
materials, plans and specifications to include the following information:
Note: One/two additional large scale copies shall be provided for each of the following,
if applicable:
Project adjacent to a County Road or County State Aid Highway — (2 sets)
Project adjacent to a State Highway or Interstate Highway — (2 sets)
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Project lies within a Shoreland District — (1 set)
3. Certificate of survey prepared by a licensed land surveyor identifying the
following: The Community Development Department may waive the certificate of survey when
the survey will not provide information relevant to the variance necessary to review the
application.
a. Scale (engineering only) at not less than one (1) inch equals one hundred
100) feet.
b. North point indication.
c. Existing boundaries with lot dimension and lot area.
d. Existing buildings, structures and improvements.
e. Easements of record.
f. Delineated wetland boundary, to include the OHWL of any lakes or DNR
waters.
g. All encroachments.
h. Legal description.
i. Graphic information, plans, specifications, or other materials that illustrate
the requested variance.
j. Narrative description of how the application complies with the variance
criteria listed above.
2) Appeal Procedure. An appeal shall only be applicable to an administrative permit,
order, requirement or interpretation of intent of provisions of this Ordinance. Opinions and
evaluations as they pertain to the impact or result of a request are not subject to the appeal
procedure. The City Council shall be the Board of Appeals and Adjustments with powers listed
in Minnesota Statutes 462.357, subdivision 6.
a) Appeal Procedures.
1. An appeal from an administrative action shall be filed by the property owner or
their agent with the Zoning Administrator within ten (10) days after the making of the order,
requirement, or interpretation being appealed.
2. The property owner or their agent shall file with the Zoning Administrator an
application for appeal stating the specific grounds upon which the appeal is made. Said
application shall be accompanied by a fee as established by City Council ordinance. In cases
where the application is judged to be incomplete, the Zoning Administrator shall notify the
applicant, in writing, within ten (10) days of the date of submission.
3. An appeal stays all proceedings and the furtherance of the action being appealed
unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that
by reason of facts stated in the certificate a stay would cause imminent peril to life and property.
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4. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports when appropriate and shall provide general assistance in preparing a
recommendation on the action to the Board of Adjustments and Appeals.
5. The Board of Appeals and Adjustment shall consider the application for appeal at
a public meeting and consider testimony of the property owner and City staff.
6. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and Appeals
shall make its decision in accordance with the timeline described for variances in Subd. 4.A.2.c.
of this Chapter.
7. The Zoning Administrator shall serve a copy of the final order of the Board upon
the applicant by mail.
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1007.019 ADMINISTRATION: ADMINISTRATIVE PERMITS AND APPROVALS.
1) Purpose. The purpose of this section is to establish regulations and procedures for the
processing and consideration of activities allowed by administrative permit, and of matters
requiring the approvals of the Zoning Administrator with the goal of protecting the health, safety,
and welfare of the citizens of the City.
2) Procedure.
a) Application for an administrative permit shall be filed by the property owner or
designated agent with the Zoning Administrator on forms to be provided by the City.
b) Applications for administrative permits or administrative approvals shall be
accompanied by a non-refundable fee as established by City Council ordinance.
c) The Zoning Administrator shall review the applications and related materials and
shall determine whether the proposal is in compliance with all applicable evaluation criteria,
codes, ordinances, and applicable performance standards set forth in this Ordinance. The Zoning
Administrator shall notify the applicant, in writing, of any incomplete application within ten (10)
days of the date of submission.
d) The Zoning Administrator's review is based upon the following factors:
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
2. The proposed development application is compatible with present and future land
uses of the area.
3. The proposed development application conforms to performance standards
herein and other applicable City Codes.
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L., 4. Traffic generated by a proposed development application is within the
capabilities of the City when:
a. Traffic generated by a proposed development will not degrade the level of
service outside of the proposed development to a level worse than the existing level of service.
Level of service as defined by the Highway Capacity Manual.)
b. The existing level of service must be D or better for any street providing
access to the development. 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.
c. Existing roads providing access to the development have the structural
capacity to accommodate projected traffic from the proposed subdivision or the developer will
pay to correct any structural deficiencies.
d. The traffic generated from a proposed development shall not require City
street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan or the
developer shall pay to correct any street deficiencies.
5. The proposed development shall be served with adequate and safe water supply.
6. The proposed development shall be served with an adequate and safe 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.
e) The Zoning Administrator shall make a determination on approval or denial of the
administrative permit within sixty (60) days from the date of submission of a complete
application unless the review is extended as allowed by MN Stat. 15.99.
f) A written report or letter of approval shall be issued to the applicant when a
determination of compliance has been made. Specific conditions to assure compliance with
applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be
attached to the permit or letter.
g) Determination of non-compliance with applicable codes, ordinances, and the
standards in this paragraph shall be communicated to the applicant in writing and the application
for the permit shall be considered denied; unless, within ten (10) days of the date of such notice,
the applicant submits revised plans and/or information with which the Zoning Administrator is
able to determine compliance.
h) Unresolved disputes as to administrative application of the requirements of this
paragraph shall be subject to appeal as outlined in § 1007.018 of this Ordinance.
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3) Information Requirement. The information required for all administrative permit or
approval applications shall include:
a) The applicant shall include as part of the application, the applicable submission
information as identified in § 1007.020 Site and Building Plan Review. The Zoning
Administrator may waive submission information not deemed necessary for the administrative
review.
b) A concise statement describing the proposed use, event or activity, including the
purpose, type of merchandise involved, dates and times of operation, number of employees
involved, provisions for on-site security, provisions for on-site parking, and other pertinent
information required by the Zoning Administrator to fully evaluate the application.
c) A copy of the current sales tax certificate issued by the State of Minnesota, if
applicable.
d) Information identified in § 1007.044 of this Ordinance as may be applicable.
4) Performance Standards. All uses, events, or activities allowed by administrative
permit shall conform to the applicable standards outlined in the zoning district in which such use,
event or activity is proposed.
5) Administration and Enforcement.
a) The Zoning Administrator shall keep a record of applications and administrative
permits or approvals.
b) A copy of all administrative permits issued shall be forwarded to appropriate staff
as determined by the Zoning Administrator.
c) Enforcement of the provisions of this paragraph shall be in accordance with
1007.023 of this Ordinance. Violation of an issued permit or of the provisions of this section
also shall be grounds for denial of future permit applications.
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1007.020 SITE AND BUILDING PLAN REVIEW.
1) General. All site and building plans for multiple family, commercial, industrial or
public/semi-public uses shall require review and approval by the Community Development
Department . Relocated structures shall also require a site and building plan review as required
by §1007.046.
2) Applications and Submittal Requirements. Applications for site and building plan
review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate
fee and the following submittal information:
a) Proof of title and contract/purchase agreement and property owner signature on the
application form when applicable.
b) Eight (8) large scale copies and reduced (11" x 17") copies of detailed written
materials, plans and specifications. One electronic copy in a format compatible with the City's
computer system.
Note: One/two additional large scale copies shall be provided for each of the
following, if applicable:
feet.
Project adjacent to a County Road or County State Aid Highway — (2 sets)
Project adjacent to a State Highway or Interstate Highway — (2 sets)
Project lies within a Shoreland District — (1 set)
c) Certificate of Survey prepared by a licensed land surveyor identifying the following:
1. Scale (engineering only) at not less than one (1) inch equals one hundred (100)
2. North point indication.
3. Existing boundaries with lot dimension and lot area.
4. Existing buildings, structures and improvements.
5. Easements of record
6. Delineated wetland boundary. to include the OHWL of any lakes or DNR waters.
7. All encroachments.
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8. Legal description.
d) Site Plan using the current Certificate of Survey as a base depicting the following:
1. Name of project or development.
2. Name and address of developer and/or owner.
3. Name and address of engineer/architect/designer.
4. Date of plan preparation and dates of any subsequent revisions.
5. All proposed improvements, including:
a. Required and proposed setbacks.
b. Location, setback and dimensions of all proposed buildings and structures.
c. Location of all adjacent buildings and structures within one hundred (100) ''\
feet of the exterior boundaries of the subject property.
d. Location, number, dimensions of all proposed parking stalls, loading areas
and drive aisles, with curbing shown.
e. Location, width and setbacks of all proposed street accesses and driveways.
f. Location, width and setbacks of all proposed sidewalks, walkways and trails.
g. Location and type of all proposed lighting, including fixture details.
h. Provisions for storage and disposal of waste, garbage and recyclables,
including details for enclosing and screening exterior containers.
6. Calculations for impervious/pervious surfaces.
e) Grading Plan (using the current Certificate of Survey as a base) depicting the
following:
1. Existing contours at two- (2) foot intervals.
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2. Proposed grade elevations at two- (2) foot maximum intervals.
3. Drainage plan, including the configuration of drainage areas and calculations.
4. Spot elevations.
5. Surface water ponding and treatment areas.
6. Erosion control measures.
7. Wetland replacement plan (when applicable).
8. Soil borings.
9. Drainage calculations for 2-, 10-, & 100 -year storm events.
10. Delineated wetland boundary, to include OHWL of any lakes or DNR waters.
11. Date ofplan preparation and dates of any subsequent revisions.
f) Landscaping Plan using the current Certificate of Survey as a base depicting the
following:
1. Planting schedule including:
a. Symbols.
b. Quantities.
c. Common and botanical names.
d. Sizes of plant materials.
e. Root specification (bare root, balled/burlapped, potted, etc.).
f. Special installation instructions.
2. Tree Preservation Plan: location, type and size of all significant trees to be
removed or preserved. (see tree plan requirements in §1007.043 (17)(d) )
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3. Planting detail (show all species to scale at normal mature crown diameter or
spread for local hardiness zone).
4. Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic
areas and the like.
5. Typical sections with details of landscape islands, planter beds, and foundation
plantings with identification of materials to be used.
6. Delineation of both sodded and seeded areas with respective areas measured in
square feet.
7. Coverage plan for underground irrigation systems, if any.
8. Other existing or proposed conditions that could be anticipated to affect
landscaping.
9. Date of plan preparation and dates of any subsequent revisions.
g) Photometric Lighting Plan, to include fixture details/cut sheets/drawings.
1. Date of plan preparation and dates of any subsequent revisions.
h) Architectural Plans.
1. Date of plan preparation and dates of any subsequent revisions.
2. Architectural elevations, IN COLOR, of all principal and accessory buildings and
structures (type, color, and materials used in all exterior surfaces).
3. Typical floor plan and typical room plan drawn to scale with a summary of
square footage by use or activity.
i) Utility Plan.
1. Location of hydrants, valves and manholes, if any.
2. Location, sizing, and type of water and sewer system mains and proposed service
connections, hydrants, valves, and manholes; or,
3. Location and size of proposed primary and secondary on-site treatment systems,
when allowed.
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Lei 4. Storm sewer, catch basins, invert elevation, type of castings and type of materials
L.,
refer to Engineering Manual for City standards).
5. Date of plan preparations and dates of any subsequent revisions.
j) Other plans and information as may be required by the Zoning Administrator which
may include (but not be limited to) the following:
1. Location, type and size (area and height) of all signs to be erected upon the
subject property.
2. Vicinity map showing the subject property in relation to nearby highways or
major street intersections.
3. Sound source control plan.
4. Fire protection plan.
5. Proposed protective covenants or private restrictions.
6. Where landscaping or man-made materials are used to provide screening from
adjacent properties, a cross section shall be provided showing the perspective of the site from
neighboring properties at the property line elevation.
k) For applications for new communication towers, the application must include
information to demonstrate compliance with the provisions of § 1007.054, including but not
limited to:
1. Demonstration that a significant gap in coverage exists that would be resolved by
the proposed location and that adequate service cannot be provided utilizing existing structures
within a two (2) mile search radius of the proposed site.
2. Structural design information to ensure compliance with manufacturer
specifications and to ensure the tower can accommodate additional antennas (co -location).
of use.
3. Authorization from the property owner if different from applicant.
4. Lease or agreement requiring removal of the tower and facilities after cessation
5. Copies of applicable federal, state, and local licenses, permits, approvals.
3) Review.
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a) The Zoning Administrator shall forward copies of the application and site and
building plans to the appropriate staff, consultants and governmental agencies for review and
recommendation. The Community Development Department shall perform a review and
approve or deny the application. The Community Development Department may also suggest
such conditions as they deem necessary to the approval of the site and building plans.
b) The Community Development Department shall approve or deny the application for
site and building plan review within sixty (60) days of receiving all required information. The
sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of
receipt of the request, telling the applicant what information is missing. The City may extend the
sixty (60) day time limit before the end of such time limit by providing written notice of the
extension to the applicant. The notification shall state the reasons for the extension and its
anticipated length, which may not exceed sixty (60) days, unless approved by the applicant.
Failure of the Department to deny an application within sixty (60) days is approval of the request.
If the Department denies a request, it shall state in writing the reasons for the denial at the time it
denies the request.
c) The applicant may appeal any denial or decision by the Department according to
1007.018.
d) No application for a site and building plan review shall be resubmitted for a period
oftwelve (12) months from the date of said order of denial.
e) The Community Development Department shall provide to the City Council reports
summarizing submitted site and building plan applications and outcomes regarding approval or
denial as they occur.
4) Design Standards. Plans which fail to meet the following criteria shall not be
approved.
a) The proposed development application must be consistent with the policies and
recommendations of the Lino Lakes Comprehensive Plan including:
1. Land Use Plan.
2. Transportation Plan.
3. Utility (Sewer and Water) Plans.
4. Local Water Management Plan.
5. Capital Improvement Plan.
6. Policy Plan
7. Natural Environment Plan.
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L.,
b) The proposed development application is compatible with present and future land
uses of the area.
c) The proposed development application conforms to performance standards herein
and other applicable City Codes.
d) Traffic generated by a proposed development application is within the capabilities
ofthe City when:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The LOS requirements in paragraphs 1. to 4. 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.
8. The City does not relinquish any rights of local determination.
e) The proposed development shall be served with adequate and safe water supply.
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f) The proposed development shall be served with an adequate or safe sanitary sewer
system.
g) The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed development.
h) Development shall be permitted only in such a manner that the maximum number of
trees shall be preserved. It shall be the duty of the person seeking approval to demonstrate that
there are no feasible or prudent alternatives to the cutting of trees on the site.
5) Performance Standards. All uses shall comply with the requirements of this section.
In order to determine whether a proposed use will conform to the requirements of this ordinance,
the Zoning Administrator may obtain a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
a) Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters
and City Council shall be readily available when any activity involving the handling or storage of
flammable or explosive materials is carried on.
b) Activities authorized by site and building plan approval shall be initiated within six
6) months. The time limits established in this paragraph may be extended by the Zoning
Administrator
c) The applicant or the owner of land affected by such site and building plan review
shall submit to the City at the time of site and building plan review application an amount for fee
and deposit as required by City resolution or ordinance.
d) The applicant shall, upon completion of site and building plan review, submit to the
City an agreement that they will cause all improvements called for in the site and building plan
review to be completed within the time specified by the City. Performance of such contracts
shall be secured by the amount submitted at application or additional amount as may be required
by the City Council.
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1007.021 DUTIES OF CITY STAFF.
The offices of the Zoning Administrator and Building Official are hereby established;
official(s) shall be appointed by the government body and serve at its pleasure.
1) Duties of the Zoning Administrator. The Community Development Director shall be
the Zoning Administrator. The Zoning Administrator shall enforce the provisions of this
ordinance as provided herein; in addition to the duties and powers of the Zoning Administrator
under this Ordinance, express or implied, the Zoning Administrator shall have the duty and
power to:
a) Issue permits required by this ordinance.
b) Maintain all records necessary for the enforcement of this ordinance; including, but
not limited to, all data, maps, amendments, rezonings, and conditional use permits, variances,
appeal notices, certificates of occupancy, and applications thereof, nonconforming uses.
c) Receive, file and forward all appeals, notices, applications for variances, conditional
use permits, certificates of occupancy, or other matters to the appropriate officials or boards.
d) Serve as ex -officio, non-voting member of the Planning and Zoning Board.
e) Perform all duties set forth in job description.
2) Duties of the Building Oficial. The Building Official shall enforce the provisions of
this ordinance as provided herein; in addition to the duties and powers of the Building Official
under this ordinance, express or implied, the Building Official shall have the duty and power to:
a) Conduct inspections of land, buildings or structures at reasonable times, to
determine compliance with and enforce the provisions of this ordinance.
b) Perform annual and/or periodic review of all conditional use permits.
c) Institute in the name of the City any appropriate actions or proceedings to enforce
this ordinance.
d) Perform all duties set forth in job description.
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i § 1007.022 CERTIFICATE OF OCCUPANCY.
1) No person may change the use of any land except for construction of essential services
and transmission lines or occupy or utilize a new structurally altered building (except single-
family detached dwellings or their accessory buildings or private garages in any district) or
change the use of any building after the effective date of this ordinance unless he has first
obtained a certificate of occupancy.
2) Application for a certificate of occupancy for a new building or for an existing building
which has been so altered or the reuse of any land may be filed with the Building Official any
time after the application for a building permit. The Certificate of Occupancy shall be issued
within ten (10) days after the construction or alteration of such building or part thereof or site has
been completed in conformity with the provisions of this ordinance and building code. Pending
the issuance of said certificate, a temporary certificate of occupancy may be issued, subject to the
provisions of the building code and zoning ordinance for a period not to exceed twelve (12)
months during the completion of the erection or the alteration of such a building. The temporary
certificate shall not be construed as in any way altering the respective rights, duties or obligations
of the owners or of the community relating to the use or occupancy of the premises or any other
matter, except under such restrictions and provisions as will adequately insure the safety of the
occupants. The use of any structure for which a building permit is required or the use of any land
shall be considered a violation of this ordinance unless a certificate of occupancy has been
issued.
3) Application for a certificate of occupancy for a new use of land shall be made to the
Building Official before any such land shall be so used. Such certificate of occupancy shall be
issued within ten (10) days after this application ifthe use is in conformity with the provisions of
this ordinance.
4) A record of all certificates of occupancy shall be kept on file with the City.
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1007.023 ENFORCEMENT AND PENALTIES.
1) Administration and Enforcement.
a) This Ordinance shall be administered and enforced by the Zoning Administrator
who is appointed by the City Council. The Zoning Administrator may institute in the name of
the City of Lino Lakes any appropriate actions or proceedings against a violator as provided by
statute, ordinance, or code.
b) If the provisions of this Ordinance are being violated, the City shall notify, in
writing, the person responsible for such violations, indicating the nature of the violation and
ordering the action necessary to correct it. The City shall order discontinuance of illegal use of
land, buildings or structures; removal of illegal buildings or structures or of additions, alterations
or structural changes thereto; discontinuance of any illegal work being done; or shall take any
other action authorized by this Section to insure compliance with or to prevent violation of its
provisions.
2) Penalties, Violations, and Enforcement. In addition to the remedies set out in the
paragraph above, the City may enforce any provisions of this Ordinance by mandamus,
injunction, or any other appropriate remedy in any court of competent jurisdiction.
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L.,
1007.024 PUD, Planned Unit Development.
1) Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide
for the grouping of lots or buildings for development as an integrated, coordinated unit as
opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This
section is intended to introduce flexibility of site design and architecture for the conservation of
land and open space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further intended that
planned unit developments are to be characterized by central management, integrated planning
and architecture, joint and common use and maintenance of parking, open space and other
similar facilities, and harmonious selection and efficient distribution of uses.
A residential conditional use permit PUD may include a variety of residential units, including
single family and multifamily units as long as it complies with the density requirements. A non-
residential conditional use permit PUD may include a variety of commercial and/or industrial
uses. A PUD that includes a mix of residential and commercial/industrial uses must utilize the
PUD zoning district as described in § 1007.132 ofthis ordinance.
The PUD, by allowing deviation from the strict provisions of this Ordinance related to
setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of
uses by rezoning to a PUD District, is intended to encourage:
a) A development pattern in harmony with the objectives of the Comprehensive Plan.
b) Innovations in development that address growing demands for all styles of
economic expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such developments.
c) The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil erosion.
d) A creative use of land and related physical development which allows a phased and
orderly transition of varying land uses in close proximity to each other.
e) An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
f) Promotion of a desirable and creative environment that might be prevented through
the strict application of City zoning and subdivision regulations.
2) General Requirements and Standards for a PUD.
a) Ownership. An application for PUD approval shall be filed by the landowner or
jointly by all landowners of the property included in a project. The application and all
submissions shall be directed to the development of the property as a unified whole. In the case
of multiple ownership, the approved PUD shall be binding on all owners.
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b) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the
City Comprehensive Plan.
c) Public or Common Open Space. Public or common open space at least sufficient
to meet the minimum requirements established in this Ordinance and such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment of
the residents of the PUD shall be provided within the area of the PUD.
d) Operating and Maintenance Requirements for PUD Common Open
Space/Facilities. Whenever common open space or service facilities are provided within the
PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance
of such open space and service facilities to a predetermined reasonable standard. Common open
space and service facilities within a PUD may be placed under the ownership of one or more of
the following:
1. Landlord — Tenant. Landlord control, where only use by tenants is anticipated.
2. Owners. Property owners association, provided all of the following conditions are
met:
a. Declaration of Covenants and Conditions. Prior to the use, occupancy or
sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a
declaration of covenants, conditions and restrictions or an equivalent document or a document, as
specified by the Minnesota Common Interest Ownership Act set out in Minnesota Statutes,
Chapter 515B and a set of floor plans, as specified by Minnesota Statutes, Chapter 515B shall be
filed with the City of Lino Lakes, said filing with the City to be made prior to the filings of said
declaration or document or floor plans with the recording officers ofAnoka County, Minnesota.
b. Open space may be owned in common by the property owners created
through subdivision of the original tract. Management shall be the responsibility of that
subdivision's homeowner association. In the case where at least one (1) open space is held in
common ownership, a homeowner association shall be established for that subdivision.
Membership in the association by all property owners in the subdivision shall be mandatory. The
homeowners association documents or the declaration of covenants, conditions and restrictions
shall be submitted as part of the preliminary plat application and shall contain the following
information:
i. The legal description of the common lands or facilities.
ii. The restrictions placed upon the use and enjoyment of the lands or
facilities including the persons or entities entitled to enforce the restrictions.
iii. A mechanism for resolving disputes among the owners or association
members.
iv. A mechanism to assess and enforce the common expenses for the land or
facilities including upkeep and maintenance expenses, real estate taxes, and insurance premiums.
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v. The conditions and timing of the transfer of ownership and control of land
or facilities to the association or to common ownership.
c. Natural Habitat. Open space may be deeded to an established land trust, a
government agency, or non-profit organization. Management shall be the responsibility of the
land trust or non-profit organization. Maintenance may be performed by the neighborhood
homeowner association, through written agreement between the association and the land trust or
non-profit organization.
i. Open space may be protected by establishing conservation easements in
perpetuity in favor of an established land trust or non-profit organization as provided in
Minnesota Statutes 84.64 — 84.65. Unless the document establishing the restrictions specifically
provides to the contrary, the City shall have no responsibility for the maintenance or management
of the area subject to the restrictions. The form and content of the deed or other instrument
establishing the restrictions must be approved by the City prior to the execution and delivery
thereof. Notwithstanding any provision of this Ordinance to the contrary, the City may, in cases
where conservation restrictions are utilized to meet open space dedication requirements of this
Ordinance, waive the requirement that the area subject to the restrictions be platted as a separate
outlot.
ii. Stormwater drainage systems located within open spaces or the residential
Land lots shall be covered by utility and drainage easements dedicated on the final plat to the City.
d. Neighborhood Recreational and Trail Corridor. Recreational open space or
trail corridors intended as public parks or public trails shall be dedicated to the City.
Management and maintenance of the public recreational areas shall be the responsibility of the
City.
3. Staging. When a PUD provides for common or public open space, the total area
of common or public open space or land escrow security in any stage of development, shall, at a
minimum, bear the same relationship to the total open space to be provided in the entire PUD as
the stages or units completed or under development bear to the entire PUD.
e) Utilities.
1. Underground. All utilities serving a two family and townhome development,
including telephone, electricity, gas, and telecable, shall be installed underground.
2. Public Utility Service. Separate public utility services shall be provided to each
unit unless exempted by the City Engineer.
3. Water Connections. Where more than one (1) property is served from the same
service line, a shut off valve must be located in such a way that each unit's service may be shut
off and secured by the City, in addition to the normally supplied shut off at the street.
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4. Sewer Connections. Where more than one (1) unit is served by a sanitary sewer
lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole
to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be
the responsibility of the property owners association or owner.
f) Roadways, Private.
1. Design. Private roadways within the project shall have an improved surface to
twenty-six (26) feet or more in width and shall be so designed as to permit the City fire trucks to
provide protection to each building.
2. Parking. No portion of the required private road system may be used in
calculating required off-street parking space or be used for parking.
g) Development Agreement. Prior to a rezoning or the issuance of a building permit as
part of Planned Unit Development, the permit, applicant, builder, or developer shall execute and
deliver to the City Council a development agreement. The agreement shall detail all use
restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP
approval. The agreement shall provide for the installation within one (1) year of the off-site and
on-site improvements (exclusive of building permit) as approved by the City Council, secured by
a cash escrow or letter of credit in an amount and with surety and conditions satisfactory to the
City, to insure the City that such improvements will be actually constructed and installed
according to specifications and plans approved by the City as expressed in such agreement.
3) Rural Residential Planned Unit Development Requirements.
a) Purpose. It is the intent of this section to establish special requirements for the
granting of a conditional use permit for rural (without City water or sanitary sewer) residential
conservation subdivision PUD project in order to promote:
1. Preservation of productive land for agricultural use.
2. Preservation ofwildlife habitat and unique natural resources.
3. Reduction of negative impacts on the environment.
4. Creation of common open space that provides a unified landscape for the use and
enjoyment of the neighborhood community and/or the general public.
5. A variety ofrural residential lot sizes, configurations, and neighborhoods.
b) Application. Rural residential planned unit development shall be applied only
outside of areas guided for City water and sanitary sewer (Stage 1 and Stage 2 growth areas) as
identified within the Comprehensive Plan.
c) Densities.
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1. Subdivisions served by independent sewage treatment systems shall not exceed
four (4) units per forty (40) acres.
2. Subdivisions served by a MPCA approved community sewer system shall not
exceed eight (8) units per forty (40) acres.
d) Open Space Performance Standards.
1. Open Space Area Regulations.
a. A minimum of fifty (50) percent of land subdivided for development shall be
dedicated to common open space.
b. All designated open space shall be platted as outlot parcels held as open
space in perpetuity. Public trail corridors shall be dedicated as park land.
c. Each open space outlot shall be classified as natural habitat, neighborhood
recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and
deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes
Subdivision Ordinance.
2. Location Criteria. Open space outlots shall be located on the development site
according to the following locational criteria:
a. Natural Habitat. The development shall preserve natural habitat in a
contiguous, connected configuration. Natural habitat open spaces may include, but are not
limited to, fields, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and
other environmentally sensitive areas or desirable view sheds.
b. Trail Corridors. The development shall locate trail corridor open spaces in
strategic places such that larger open space outlots and designated places of destination both on
the development tract and adjacent tracts are connected with one another. Trail corridor open
spaces may include, but are not limited to, established regional trails, local pathways, paved
walkways, and shorelines. Public trail corridors shall be a minimum of twenty (20) feet in width.
c. Neighborhood Recreation. The development shall locate neighborhood
recreation open spaces such that they are an integral part of the neighborhood of surrounding
homesites, at an elevation appropriate to their intended recreational use, defined by coherent
boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces
may include, but are not limited to, greens, commons, playgrounds, ball fields, gardens, or other
recreational areas.
d. Public Open Space Accessibility. Open spaces dedicated to the public shall
be accessible to pedestrians at no less than one thousand two hundred (1,200) foot intervals along
public roadways. Where necessary, pedestrian access corridor outlots between private lots shall
be at least twenty (20) feet in width.
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e. Open Space Ownership and Management. Each designated open space area
shall be owned and managed in accordance with standards in Section 1001.099 of the Lino Lakes
Subdivision Ordinance.
e) Neighborhood Performance Standards.
1. Neighborhood Configuration.
a. In order to establish a cohesive neighborhood unit, residential lots shall be
located in a neighborhood cluster. A neighborhood cluster shall include a minimum of four (4)
lots or twenty-five (25) percent of the allowable number of lots on the parcel to be subdivided,
whichever is greater. An efficiency of land utilization and community development should be
encouraged by maximizing the number of lots in any one cluster development, while adhering to
the underlying density and open space requirements of this Ordinance.
b. A neighborhood cluster shall be oriented toward an identifiable feature which
all residential units share in common. Neighborhood identity may be accomplished by one or
more of the following features:
i. View Shed. The lots of a neighborhood may be arranged such that a
majority of the principle structures will take visual advantage of a field, wetland, woods, lake,
stream, or other open space which could be described as a view shed.
ii. Physical Amenity. The lots of a neighborhood may be arranged such that
a majority of the principle structures will face a green, playground, ball field, rock outcropping,
stand of trees, church, school, or other physical feature unique to that particular neighborhood.
iii. Streetscape. The lots may be arranged such that the principle structures
will face a street space enhanced with landscaping, street trees, boulevards, medians, or other
landscaping techniques appropriate to the City's street design standards.
2. Lot Area.
a. Lots served by individual sewage treatment systems (ISTS) shall have a
minimum of one (1) acre of buildable land area capable of accommodating the principle
dwelling, accessory buildings, and two (2) individual soil treatment systems (drainfields).
b. Lots served by a MPCA approved community sewage treatment system shall
have a minimum lot area of twenty-five thousand (25,000) square feet of buildable land.
c. No individual single family lot may exceed five (5) acres in size.
3. Minimum Lot Width.
a. ISTS Lots. Two hundred (200) feet.
b. Lots Served by a MPCA Approved Community Sewage System.
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i. Interior Lot. One hundred (100) feet.
ii. Corner Lot. One hundred twenty-five (125) feet.
4. Setbacks. Setbacks shall be the same as those imposed in the applicable base
zoning district.
5. Sewer Management. A report, prepared by a Minnesota Pollution Control
Agency licensed designer, on the feasibility of individual sewage treatment systems (ISTS) and
water systems on each lot or a community or shared sewage and water system serving the rural
subdivision. The report shall follow Minnesota Rules Chapter 7080, as may be amended, and
include soil boring analysis and percolation tests to verify report conclusions.
For any development with a community sewage treatment system, the City shall
require documentation that the property association shall be responsible for liability insurance
and costs associated with the maintenance and operation of a community sewage treatment
system. The City shall also require an agreement that if the association is not maintaining the
system or the system is not operating properly, the City can undertake needed repair and
maintenance and assess the property owners for the costs of such action.
4) Urban Residential Planned Unit Development Requirements.
a) Purpose. It is the intent of this section to establish special requirements for the
granting of a conditional use permit for an urban (with City water and sanitary sewer) residential
conservation subdivision PUD project in order to promote:
1. Preservation of wildlife habitat and unique natural resources.
2. Reduction of negative impacts on the environment.
3. Creation of common open space that provides a unified landscape for the use and
enjoyment of the neighborhood community and/or the general public.
4. A variety of urban residential lot sizes, configurations, and neighborhoods.
b) Application. Urban residential planned unit development shall be applied only
within the City's R-2, R-3, and R-4 Zoning Districts.
c) Densities, The maximum allowable density within an urban residential PUD shall
be consistent with the density directives of the Comprehensive Plan.
d) Open Space Performance Standards.
1. Open Space Area Regulations.
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a. A minimum of fifty (50) percent of land subdivided for development shall be
reserved as common open space.
b. Designated open space shall be exclusive of unit lots and driveways. Road
rights-of-way, parking lots, and driveways shall provide an emphasis upon tree preservation,
natural habitat, and wetland protection
c. All designated open space shall be platted as outlot parcels held as open
space in perpetuity. Public trail corridors shall be dedicated as park land.
d. Each open space outlot shall be classified as natural habitat, neighborhood
recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and
deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes
Subdivision Ordinance.
e) Neighborhood Performance Standards.
1. Identity. To provide an identity and create a cohesive development pattern,
residential units/buildings shall be oriented toward an identifiable future which they have in
common. Such identity may be accomplished by one or more of the following features:
a. View Shed. The lots of a neighborhood may be arranged such that a majority
of the principle structures will take visual advantage of a field, wetland, woods, lake, stream, or
other open space which could be described as a view shed.
b. Physical Amenity. The lots of a neighborhood may be arranged such that a
majority of the principle structure will face a green, playground, ball field, rock outcropping,
stand oftrees, church, school, or other physical feature unique to that particular neighborhood.
c. Streetscape. The lots may be arranged such that the principle structures will
face a street space enhanced with landscaping, street trees, boulevards, sidewalks, trails, medians,
or other landscaping techniques appropriate to the City's street design standards.
f) Yards.
1. Setbacks, Periphery_ The front and side yard restrictions at the periphery of the
Planned Unit Development site at a minimum shall be the same as imposed in the respective base
districts.
2. Setback, Front_ No building shall be located less than twenty-five (25) feet from
the back of the curb line along those roadways which are part of the internal street pattern.
3. Building Separation. Buildings upon the same lot shall maintain a minimum
setback of ten (10) feet between buildings.
g) Townhouses, cooperatives, condominiums shall comply with the design standards
of §1007.018 (2)(b).
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5) Commercial or Industrial Planned Unit Development, CUP Requirements.
a) Purpose. It is the intent of this section to further the directives of § 1007.001 and
establish special requirements for the granting of a conditional use permit to allow flexibility
from the strict provisions of this Ordinance in regard to multiple buildings, shared access/
parking, parking supply reductions, internal setbacks, etc.
b) Standards.
1. Open Space.
a. The PUD design will result in greater landscaped pervious area than the base
zoning district standard.
b. The PUD design will result in the protection of important natural features
e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent).
c. The PUD design will include extensive landscaping with an emphasis on
streetscape, site entrances, and the perimeter ofthe building.
2. Architectural Guidelines. Commercial and industrial buildings shall comply
with design standards of § 1007.043 (2)(d) of this Ordinance.
6) Procedure for Processing a Planned Unit Development.
a) Stages of PUD. The processing steps for a PUD are intended to provide for an
orderly development and progression of the Plan, with the greatest expenditure of developmental
funds being made only after the City has had ample opportunity for informed decisions as to the
acceptability of the various segments of the whole as the plan affects the public interest. The
various steps and applications, outlined in detail in the following sections, are:
1. Application Conference and Neighborhood Meeting. Preliminary discussions.
2. General Concept Plan Application. Consideration of overall concept and plan.
The concept plan review is voluntary but strongly recommended.
3. Development Stage Plan Application. One or more detailed Plans as part of the
whole final plan.
4. Final Plan Application. The summary of the entire concept and each
Development Stage Plan in an integrated complete and final plan.
b) Application Conference. Prior to filing of an application for PUD, the applicant for
the proposed PUD shall arrange for and attend a conference with the Community Development
Department. At such conference, the applicant shall be prepared to generally describe the
proposal for a PUD. The primary purpose of the conference shall be to provide the applicant
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with an opportunity to gather information and obtain guidance as to the general suitability of the
proposal for the area for which it is proposed and its conformity to the provisions of this
Ordinance before incurring substantial expense in the preparation of plans, surveys and other
data.
Neighborhood Meeting. The City strongly recommends the property owner/applicant
hold a neighborhood meeting for informal comment and feedback prior to submitting a formal
concept application.
c) The person applying for a planned unit development shall fill out and submit to the
Zoning Administrator an application form together with a fee as established by City Council
resolution. The request for planned unit development shall be placed on the agendas of the Park
Board, Environmental Board, and Planning and Zoning Board according to the City's deadline
and meeting schedule.
d) Planned unit develop/rezoning application shall be posted and advertised in
accordance with § 1007.015 of this Ordinance.
e) Planned unit development/conditional use permit applications shall be posted and
advertised in accordance with § 1007.016 (2) of this Ordinance.
0
g)
Public hearings shall be held at the PUD development stage.
General Concept Plan Application.
1. Purpose. The General Concept Plan provides an opportunity for the applicant to
submit an application and plan to the City showing his basic intent and the general nature of the
entire development before incurring substantial cost. This Concept Plan provides an opportunity
for the proposal to be publicly considered at an early stage. The following elements of the
proposed General Concept Plan represent the immediately significant elements which the City
shall review and for which a decision shall be rendered:
a. Overall Maximum PUD Density Range.
b. General Location of Major Streets and Pedestrian Ways.
c. General Location and Extent of Public and Common Open Space.
d. General Location of Residential and Non -Residential Land Uses with
Approximate Type and Intensities of Development.
e. A Staging and Time Schedule of Development.
f. Other Special Criteria for Development.
2. General Concept Plan Submission Information.
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a. General Information.
i. Owner. The landowner's name, address and telephone number and his
interest in the subject property.
ii. Applicant. The applicant's name, address and telephone number if
different from the landowner. The applicant may designate an agent to be contacted by the City,
who may speak for the applicant.
iii. Consultants. The names and addresses of all professional consultants
who have contributed to the development of the PUD plan being submitted, including attorney,
land planner, engineer and surveyor.
iv. Title ofApplicant. Evidence that the applicant has sufficient control over
the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial,
tenancy and contractual interests held in or affecting the subject property and including an
up-to-date certified abstract of title or registered property report, and such other evidence as the
City Attorney may require to show the status of title or control of the subject property.
b. Present Status ofPremises and Adjacent Properties.
i. Description. The address and legal description of the subject property. A
survey is required.
ii. Zoning. The existing zoning classification and present use of the subject
property and all lands within five hundred (500) feet of the subject property.
iii. Map. A single reproducible map or aerial photograph at a scale of not
less than one (1) inch equals one hundred (100) feet, depicting the existing development of the
subject property and all land within five hundred (500) feet thereof and showing the precise
location of existing streets.
c. Narrative Description. A written statement generally describing the
proposed PUD and the market which it is intended to serve, showing its relationship to the City's
Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in
order to permit the development and use of neighboring property in accordance with the
applicable regulations of the City.
d. Site Conditions: Where deemed necessary by the City, graphic reproductions
of the existing site conditions at a scale of not less than one (1) inch equals one hundred (100)
feet shall be submitted and shall contain the following:
i. Survey showing lot dimensions and existing easements and utilities.
ii. Contours - minimum two (2) foot intervals.
iii. Location, type, and extent of tree cover.
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iv. Slope analysis.
v. Location and extent of water bodies, wetlands, and streams and flood
plains within three hundred (300) feet of the subject property.
vi. Existing drainage patterns.
vii. Vistas and significant views.
viii. Soil conditions as they affect development.
All of the graphics should be the same scale as the final plan to allow easy
cross reference. The use of overlays is recommended for clear reference.
e. Concept Drawing. Schematic drawing of the proposed development concept
including, but not limited to, the general location of major circulation elements, public and
common open space, residential and other land uses.
f. Number of Units. A statement of the estimated total number of dwelling
and/or other units proposed for the PUD and a tabulation of the proposed approximate
allocations of land use expressed in acres and as a percent of the total project area, which shall
include at least the following:
i. Area devoted to residential uses.
ii. Area devoted to residential use by building or structure or use type.
iii. Area devoted to common open space.
iv. Area devoted to public open space.
v. Approximate area devoted to streets.
vi. Approximate area, and potential floor area, devoted to commercial uses.
vii. Approximate area, and potential floor area, devoted to industrial or office
uses.
g. Staged Development. When the PUD is to be constructed in stages during a
period of time extending beyond a single construction season, a schedule for the development of
such stages or units shall be submitted stating the approximate beginning and completion date for
each such stage or unit and the proportion of the total PUD public or common open space and
dwelling units to be provided or constructed during each such stage and the overall chronology of
development to be followed from stage to stage.
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h. Common Areas. When the proposed PUD includes provisions for public or
common open space or service facilities, a statement describing the provision that is to be made
for the care and maintenance of such open space or service facilities. If it is proposed that such
open space be owned and/or maintained by any entity other than a governmental authority, copies
of the proposed articles of incorporation and by-laws of such entity shall be submitted during the
development stage.
i. Covenants. General intent of any restrictive covenants that are to be recorded
with respect to property included in the proposed PUD.
j. Market Feasibility. Where deemed necessary, a market feasibility study
including an analysis of the proposals economic impact on the City.
3. General Concept Plan Process.
The Community Development Department shall forward the concept plan
submission to the City's advisory boards and City Council for their consideration at regularly
scheduled meetings to solicit informal review and comment on the project's acceptability in
relation to the City's Comprehensive Plan and development regulations. Such meetings should
be attended by the applicant.
h) Development Stage Plan Application
1. Purpose. The purpose of the Development Stage Plan is to provide one (1) or
more specific and particular plans upon which the Planning and Zoning Board will base its
recommendation to the City Council and with which substantial compliance is necessary for the
preparation of the Final Plan.
2. Submission of Development Stage. Following review of the General Concept
Plan, the applicant shall file with the Community Development Department a Development
Stage Plan application including the information and submissions required by § 1007.024 (6)(h)5.
for the entire PUD. The Development Stage Plan shall refine the General Concept Plan.
3. Review and Action by City Staff and Planning and Zoning Board. Immediately
upon receipt of a completed Development Stage Plan, the Community Development Director
shall refer such plan to the appropriate City staff, citizen boards, and other special review
agencies such as the Rice Creek Watershed District, Department of Natural Resources, or
Environmental Quality Board where applicable.
4. Development Stage Plan Review Criteria. The evaluation of the proposed
Development Stage Plan shall include but not be limited to the following criteria:
a. Individual Rights. Adequate property control is provided to protect the
individual owners' rights and property values and the public responsibility for maintenance and
upkeep.
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b. Traffic Plan. The interior circulation plan plus access from and onto public
rights-of-way does not create congestion or dangers and is adequate for the safety of the project
residents and the general public.
c. Open Space. A sufficient amount of useable open space is provided.
d. Compatibility. The architectural design of the project is compatible with the
surrounding area.
e. Drainage. The drainage and utility system plans are submitted to the City
Engineer and the final drainage and utility plans shall be subject to their approval.
f. Schedule. The development schedule insures a logical development of the
site which will protect the public interest and conserve land.
g. Platting Requirements. The development is in compliance with the
requirements of the Lino Lakes Subdivision Ordinance.
h. District Requirements. Dwelling unit and accessory use requirements are in
compliance with the district provisions in which the development is planned.
5. Development Stage Submission Information. Development stage submissions
should depict and outline the proposed implementation of the General Concept Stage for the
PUD. Information from the General Concept Stage may be included for background and to
provide a basis for the submitted plan. The Development Stage submissions shall include but not
be limited to:
a. Zoning Required. Zoning classification required for Development Stage
submission and any other public decisions necessary for implementation of the proposed plan.
b. Preliminary Plat. Informational requirements of the Subdivision Ordinance
plus the following:
i. Buildings. The location, size, use and arrangement including height in
stories and feet and total square feet of ground area coverage and floor area, or proposed
buildings, and existing buildings which will remain, if any.
ii. Traffic Circulation. Location, dimensions and number of all driveways,
entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation
elements including bike and pedestrian; and the total site coverage of all circulation elements.
iii. Common Areas. Location, designation and total area of all common open
space.
iv. Public Open Space. Location, designation and total area proposed to be
conveyed or dedicated for public open space, including parks, playgrounds, school sites and
recreational facilities.
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v. Locate Existing Structures. The location, use and size of structures and
other land uses on adjacent properties.
vi. Other Data. Any other information that may have been required by the
Planning and Zoning Board in conjunction with the approval of the General Concept Plan.
vii. Legal Description. An accurate legal description of the entire area within
the PUD for which final development plan approval is sought, correlated to the legal description
defining use districts in this Ordinance.
c. Areas of Use. A tabulation indicating the approximate gross square footage,
if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning,
supermarket).
d. Architectural Plans. Preliminary architectural plans indicating use, floor
plan, elevations and exterior wall finishes of proposed buildings and architectural guidelines for
future development phases.
e. Landscape Plan. A detailed landscaping plan including the type, size and
quantity of all existing and proposed plantings.
f. Grading and Drainage Plan. Preliminary grading and drainage plan
illustrating changes to existing topography and natural site vegetation. The Plan should clearly
reflect the site treatment and its conformance with the approved concept plan.
g. Erosion Control. A Soil Erosion Control Plan acceptable to watershed
district and any other agency with review authority clearly illustrating erosion control measures
to be used during construction and as permanent measures.
h. Document Changes. A statement summarizing all changes which have been
made in any document, plan data or information previously submitted, together with revised
copies of any such document, plan or data.
i. Additional Data. Such other and further information as the Planning and
Zoning Board, Community Development Director or City Council shall find necessary to a full
consideration of the entire proposed PUD or any stage thereof.
6. The terms of the PUD as approved by the City Council shall be embodied in a
PUD Agreement, Development Contract, and such other documents as the City shall deem
necessary or desirable. The PUD Agreement and any appropriate resolution of the City Council
shall be filed with the Anoka County Recorder at the expense of the applicant. At the election of
the City, filing of the Development Stage PUD may be delayed until the final plan is filed. Where
the Development Stage Plan is denied approval, Council action shall be by written resolution
setting forth its findings and conclusions in support of its action.
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7. Limitation on Development Plan Approval. Unless a Final Plan covering the area
designated in the Development Stage Plan as the first stage of the PUD has been filed within one
1) year from the date the City Council grants Development Stage Plan approval, or in any case
where the applicant fails to file Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall
expire. The City Council may at its discretion extend for six month intervals the filing deadline
for any Final Plan when, for good cause shown, such extension is necessary. The City Council
may approve such an extension after the deadline date passes. In any case where Development
Plan approval expires and no extension has been approved, the City Council may adopt a
resolution repealing the Development Stage Plan approval for that portion of the PUD that has
not received Final Plan approval and re-establishing the zoning and other Code provisions that
would otherwise be applicable.
i) Final Plan Application.
1. Purpose. The Final Plan is to serve as a complete, and permanent public record
of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved
plans and all approved modifications thereof resulting from the PUD process. It shall serve in
regulationapplicablewithotherprovisionsoftheCityCodeasthelanduse to the
PUD.
2. Submission of Final Plan. Upon approval of the Development Stage Plan, and
within the time established herein the applicant shall file with the Zoning Administrator an
application and Final Plan consisting of the information and submissions required by this Code
for the entire PUD or for one (1) or more stages. The Final Plan shall conform to the
Development Stage Plan in all respects, and shall be integrated as a coherent statement of the
entire Plan. Appropriate cross-referencing and incorporation of recorded documents may be
utilized.
3. Final Plan Submission Information. After review of a General Concept Plan for
the PUD and approval of a Development Stage Plan for a section or sections of the proposed
PUD, the applicant will submit the following material for review by the City staff prior to
issuance of a building permit:
a. Recording Proof Documents establishing the recording of any easement or
other documents required by the City prior to the sale of any land or dwelling unit included in the
PUD and of the establishment and activation of any entity that is to be responsible for the
management and maintenance of any public or common open space or service facility.
b. Final Plans, Structures. Final architectural working drawings at all
structures.
c. Final Engineering Plans. Final engineering plans and specifications for
streets, drainage, utilities and other public improvements, together with a development contract
providing for the installation of such improvements and financial guarantees for the completion
of such improvements.
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d. Other Plans. Any other plans, agreements, or specifications necessary for the
City staff to review the proposed construction. All work shall be in conformance with the
Building Code of the City.
e. Recording of Final Plan. Within sixty (60) days of its approval, the
applicant, or at its election, the City, shall cause the Final Plan, or such portions thereof as are
appropriate, to be recorded with the County Recorder or Registrar of Titles, at the expense of the
applicant. Certified copies of all relevant recorded documents shall be furnished to the City.
f. Building and Other Permits. Except as otherwise expressly provided herein,
upon receiving notice from the Community Development Director that the approved Final Plan
and development agreement have been recorded, all appropriate officials of the City may issue
building and other permits to the applicant for development, construction and other work in the
area encompassed by the approved Final Plan or intermediate Development Stage Plan provided,
however, that no such permit shall be issued unless the appropriate official is first satisfied that
all requirements which are applicable to the permit sought, have been satisfied.
g. Limitation on Final Plan Approval. Within one (1) year after the approval of
a Final Plan for PUD, or such shorter time as may be established by the approved development
schedule, construction shall commence in accordance with such approved plan. Failure to
commence construction within such period shall, unless an extension shall have been granted and
hereinafter provided, automatically render void the PUD permit and all approvals of the PUD
plan and the area encompassed within the PUD shall thereafter be subject to those provisions of
the Zoning Code, and other Code provisions, applicable in the district in which it is located. In
such case, the Council shall adopt a resolution repealing the PUD permit and PUD approvals and
re-establishing the zoning and other provisions that would otherwise be applicable.
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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.
b) 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.
c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement,
maintenance, improvement, or expansion of nonconforming uses and structures in floodplain
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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.
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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
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2. There exists a habitable single family home constructed after July 13, 1992, and the
creation of a new lot is needed to provide security to a third party lending institution for owner
financing of the existing habitable single family home.
home, and
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
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 created under (b)2. herein, the applicant making a request for a lot split
based upon requirements of a lending institution shall provide written verification from the lender
of such requirements at the time the application is filed.
9. For lots created under (b)2. herein, the property owner shall record with the Anoka
County recorder a covenant that prohibits the transfer of any lots created under this section unless
the same is combined into one parcel with the balance of the owner's property from which it was
split or in accordance with the provisions of § 1007.042 (2)(a). This requirement shall not apply to
any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure.
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 Lot Area Requirements.
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a) Minimum Lot Area Per Unit. The lot area per unit requirement for single family,
two family, and multiple family residential dwellings shall conform to the applicable zoning
district provisions in which the dwelling is located.
b) Buildable 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 of ten (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) 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.
b) Principal Buildings. Except in an approved planned unit development that
specifically allows it, as provided for in § 1007.024 of this Ordinance, not more than one (1)
l principal building shall be located on a lot. The words "principal building" shall be given their
common, ordinary meaning as defined in § 1007.001 this Ordinance.
5) 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.
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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 uses
may be permitted in any yard provided they are not located in any easement.
b. Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters,
awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes
extending from the principal structure, provided they do not project more than three (3) feet into
a required setback.
c. Uncovered porches, decks, balconies, stoops, 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
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. No encroachment shall be permitted in existing or required drainage and
utility easements.
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.
e. Air 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 encroachment shall be
permitted in existing or required drainage and utility easements.
c) Zero Lot Line Subdivision.
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L., 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 or Quadraminium Lots. The subdivision of base lots
containing two family dwellings or quadraminiums to permit individual private ownership of a
single dwelling within such a structure is acceptable subject to City Council approval. Approval
is further contingent upon the following requirements:
a. Prior to a two family dwelling or a quadraminium subdivision, the base lot
must meet all the requirements of the zoning district.
b. There shall be no more than one (1) principal structure on a base lot in all
residential districts. The principal structure on a unit lot created in a two family or
quadraminium subdivision will be the portion of the attached dwelling existing or constructed on
the platted base lots.
c. Permitted accessory uses as defined by the zoning districts are acceptable
provided they meet all the zoning requirements.
d. A property maintenance agreement must be arranged by the applicant and
submitted to the City Attorney for his review and subject to approval. The agreement shall
ensure the maintenance and upkeep of the structure including but not limited to siding, roofing
type and color), fencing, driveways, maintenance, etc. and the lots to meet minimum City
standards. The agreement is to be filed with the Anoka County Recorder's office as a deed
restriction against the title of each unit lot.
e. Separate public utility service shall be provided to each subdivided unit and
shall be subject to the review and approval of the City Engineer.
f. The subdivision is to be platted and recorded in conformance to requirements
of the Lino Lakes Subdivision Ordinance.
3. Subdivision of Commercial and Industrial Lots. The subdivision of base lots 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 ofthis Ordinance.
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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 dwelling
unit.
2) Building Type and Construction.
a) Single Family Dwellings. All single family detached dwellings in the R, R -X, R-1,
R -1X, R -EC, and R-2 Districts shall meet the following design criteria:
1. All structures shall have permanent concrete or treated wood foundations which
will anchor the structure, which comply with the 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.
3. 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. 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. 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.
b. Decks or Porches. Provision shall be made for possible decks, porches, or
additions as part of the initial dwelling unit building plans.
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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.
b. Garages shall comply with the following minimum size standards:
c. Dwellings With Basements. Four hundred forty (440) square feet.
d. Dwellings Without Basements. Five hundred forty (540) square feet.
e. Garages shall be a minimum of twenty (20) feet in width.
6. utilities.
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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 quadraminium, 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. 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.
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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 ofthe
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 ofthe 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:
modification.
a. A permanent identification tag or marking is affixed to each structure.
b. The City is notified as to the location and date of placement of the structure.
c. The City is notified of any change of structure ownership, removal or
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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.
5. Windmills.
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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.
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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.
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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.
7. In 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.
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.
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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) Swimming 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.
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:
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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.
I. All wiring, installation of heating units, grading, installation of pipes and all
other installations and construction shall be subject to inspections.
m. Any proposed deviation from these standards and 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.
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.
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Lel o. Required structure or safety fencing shall be completely installed within three
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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.
d) Houseboats. 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.
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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) 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.
g) Roadside Stands. Seasonal, temporary roadside stands for the sale of agricultural
products shall be permitted if:
use; and
1. They are located in a zoning district which makes a specific allowance for such
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) Domestic 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:
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) Rural and Residential Zoning District Accessory Buildings. The following
summarizes the maximum number, size, and height of accessory buildings allowed in an
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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. Twenty (20) Acres or Greater. (R, R -X, R -BR, R-1, R -1X, R -EC, 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.
2. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R-1, R -1X, R -EC, and
PSP Districts)
greater of:
a. The combination of accessory building(s) and garage(s) shall not exceed the
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:
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.
Districts)
f. Building height shall not exceed base district requirement.
3. Five (5) to Less than Ten (10) Acres. (R, R -X, R-1, R -1X, R -EC, and PSP
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greater of:
a. The combination of accessory buildings and garages shall not exceed the
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. Less than Five Acres_ (R, R -X, R-1, R-1 X, R -EC, R-2, R-3, R-4, R-6, R-7, and
PSP Districts)
greater of:
a. The combination of accessory buildings and garages shall not exceed the
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.
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Le e. No metal sheet/panel siding with vertical orientation except upon tool sheds
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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).
h. Lots that have shared ownership/membership in the Lino Airpark may have a
three thousand two hundred (3,200) square foot accessory building as an airplane hangar
provided that:
i. The hangar be earth tone in color.
ii. The hangar conform to Building Code standards for hangar use.
iii. The hangar location has direct taxiway access to the Lino Airpark runway.
j) Commercial 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. Only one (1) accessory building shall be allowed not to exceed four hundred
400) square feet except when intended for storage of buses.
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.
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.
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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.
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.
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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-
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.
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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 ofMeasuring 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. In 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.
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.
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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.
c. The provisions for an administrative use permit, §1007.019 of this
Ordinance, are considered and satisfactorily met.
g) Submission ofPlans. All applications, except single family residential, that include
outdoor lighting must include evidence the proposed outdoor lighting will comply with this
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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 7005, 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 7005, 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 7005, 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 ofNatural Resources and the Zoning Administrator.
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.
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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 ofthe 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 pick up trucks in
designated driveway or parking area, surfaced in compliance with § 1007.044 (3)(h)10. 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.
2. Screening. All exterior storage shall be screened so as not to be visible from
adjoining properties and public streets except for the following:
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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 ofuses, 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
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.
DETENTION AREA. Area of a detention pond from the normal water level and up
the side slopes to 10' offset from the high water level.
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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.
FOUNDATION LANDSCAPE 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'.
MEDIUM SHRUB. Medium shrubs have a mature height of 3'-6'.
MEDIUM TREE. Deciduous trees with a mature height over 18' and up to 39'.
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.
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
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development without surface parking other than individual unit driveways and pennitted 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
Planting Location
for new trees)
Interior
parking lot
islands
Within less
than 7' of
vehicular
hardscape
edge
7'-12' from
vehicular
hardscape
edge
Assigned Canopy
Coverage Value
100% of the
canopy square
footage
50% of the
canopy
square
footage
5% of the
canopy
square
footage
Squarefeet (SF) of canopycoverage assignedtoeach deciduoustree
Large Tree
50 SF (or 1200
SF in islands
of 3 or more
trees)
600 SF 300 SF
Medium Tree 500 SF 250 SF 125 SF
Small Tree 250 SF 125 SF NA
Existing
Tree:
6-12"dbh
1900 SF 950 SF NA
Existing
Tree:
12+"dbh
2850 SF 1425 SF NA
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L.,
iarpe nees e: an stand ccmau c
3 mese trees ere peter, addi na
Canopy valve. Set ':anew veage
Table.
1r_e. surrounded br harasaoe on 3
s=aes are vaiued ac 100% Canopy.
Tr„ With access tc r antno soil
outs+de of the isiand are required to
meet soil voume reauarements for a
snared bed.
Trees in interior isianddr are valued at
Canopy
4. Existing trees may be 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.
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 Landscape Standards
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).
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Per 100 linear feet (LF) of Building*
Location Trees and Shrubs
Front and
Public/Private Street
2 large 6 large
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).
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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:
Open Areas Landscape Standards
Per 2000 SF*
Trees and Shrubs
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.
0 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.
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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.
table:
1. Required screen location, height, and materials are described in the following
Landscape Screen Location, Height and Materials
Location
Required
Screen
Height
Required Screen Materials
Between a parking lot and
public right of way or
sidewalk
30 inches
Year round continuous
planting screen in accordance
with paragraph (02.
Or
A combination of berm and
year round continuous screen
in accordance with paragraph
02.
Between residential uses
and
arterial or collector road
6 feet
Year round continuous
planting screen in accordance
with6.b.
Or
Wall or fence and plantings
shall provide shrub cover for
50% of the wall or fence on
the exterior side
Or
A combination of berm and
year round continuous screen
in accordance with paragraph
02.
Between any development
and
adjacent, less intense,
residential land uses
this includes across a
street from residential)
but not on the side of a use
considered to be the front
as determined by the
Zoning Administrator)
Between loading/service
area
and
public view
Outdoor Storage Yards
8 feet
A wall or fence of permanent
materials and planting shall
provide shrub cover for 50%
of the wall or fence 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.
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2. All continuous year round 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.
4. hi 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 2' at intervals of 75' maximum length for stability
and visual relief. See illustration.
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.
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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
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:
L.,
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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:
Existing Tree Value
Tree Size
deciduous
trees under
6" DBH or
evergreen
trees under
12' tall
deciduous
trees between
6"-12" DBH
or evergreen
trees between
12'-20' tall
deciduous trees
over 12" DBH
or evergreen
trees over 20'
tall.
Tree
Value
1 large treeg 2 large treesg large treesg
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 ifthe 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.
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12. Commercial, industrial multi -family, public/semi-public and institutional uses
shall install irrigation systems to ensure survivability of landscape materials.
j) 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.
1. Tree preservation and mitigation standards are described in the following table:
Tree Preservation and Miti!ation Standards
Environmentally
Sensitive Area '"
ESA) Category
Tree
Location:
within Basic
Use Area
Tree Location:
Basic Use Area
not within
deciduous
trees 6" dbh
and over or
evergreen
trees between
12'-20' tall
deciduous
trees 6-12"
dbh or
evergreen
trees
between
12'-20' tall
deciduous
trees over
12" dbh or
evergreen
trees over
20' tall
Non -ESA
no mitigation
required
provide
one tree
per tree
removed
provide
two trees per
tree removed
Natural Resource
Conservation Area
or Natural Resource
Corridor
Enhancement Area
provide
one tree per
four trees
removed
provide
two trees
per tree
removed
provide
three trees
per tree
removed
Natural Resource
Protected Area
provide one
tree per two
trees removed
provide
two trees
per tree
removed
provide
three trees
per tree
removed
7. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at
the discretion of the City.
8. Trees with thirty percent (30%) of the roots damaged are considered to be
removed and must be mitigated for at the applicable rates.
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9. Undesirable trees are not subject to the Tree Preservation and Mitigation
Standards.
10. 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.
11. Replacement trees shall be planted on site.
12. 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
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
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structure, the tree survey information may be provided in an informal medium that sufficiently
conveys the information.
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..
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.
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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.
the City.
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
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
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.
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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.
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 platted areas of the City, any fence or wall without first making
an application for and securing a permit.
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
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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
ofthe 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 Zoning Administrator 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.
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
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rural zoning district are not subject to the provisions of this Ordinance and do not require a
building permit. Chain link fences shall have round steel parts and braces.
5. Solid walls and retaining walls (such as masonry construction) in excess of forty-
two (42) inches in height shall be prohibited. When utilized, tiered retaining walls shall be
separated by a horizontal landing not less than three (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.
0 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.
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.
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4' fence
allowed
l ' street right of way
s
r
e
e
t
r
g
h
t
0
f
w
a
y
Diagram 6.b.
6' fence
allowed
4' fence
allowed
street right of way
Diagram 6.c.
g) Commercial and Industrial District Fences or Walls. (See Diagram 7 abc)
1. A fence or wall not exceeding four (4) feet in height may be erected in any yard.
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. A fence or wall not exceeding ten (10) feet in height may be 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.
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10' fence
14—
allowed —N
FENCES OR WALLS
IN BUSINESS AND
INDUSTRIAL ZONES
street right of way
8' fence
allowed
4' fence
allowed
Diagram 7 abc
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.
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L.„
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 ofthis Ordinance, except that in so
doing, any off-street parking or loading which existed must be retained.
c) Change of Use or Occupancy ofBuildings. 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
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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
ParkingLength
Stall
Width
Curb
Per Car
Stall
Length
Stall Depth
Wall to
Aisle
Stall Depth
Interlock to
Aisle
Aisle One
Way
Width
Two Way
90° 9' 0" 9' 0" 18' 0" 18' 0" 18' 0" 24' 0" 24' 0"
75° 9' 0" 9' 6" 18' 0" 20' 8" 19' 10" 21' 6" 23' 0"
60° 9' 0" 10' 5" 18' 0" 21' 0" 19' 10" 18' 0"
2' 0"
450 9' 0" 12' 9" 18' 0" 19' 10" 17' 10" 15' 0"
2' 0"
0" 9' 0„ 22' 0" 22' 0" 9' 0" 9' 0" 17' 0"
4' 0"
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A - Angle of Parking
E - Stall Width
C - Curb Length
per Car
D - Stall Length
E - Stall Depth
F - Aisle Width
G - Overlap
H - Overhang
F
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, townhouse and
quadraminium dwellings, parking areas shall be designed so that circulation between parking
bays or aisles occurs within the designated parking lot and does not depend upon a public street
or alley. Except in the case of single, two family, townhouse, and quadraminium dwellings,
parking area design which requires backing into the public street is prohibited. New residential
subdivisions shall be designed to limit direct lot access onto any street shown as a collector or
arterial roadway on the City's Transportation Plan.
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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 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.
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Driveway may increase at an angle
of not greater than 45 degrees
45
i
26' ' ROW line
Curb Cut Width At ROW line:
26 ft. Max. or 36 ft. Max. if
Commercial
curb
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
Slope
Ten (10) foot vertical rise in one
hundred (100) horizontal feet.
Eight (8) feet rise in one hundred
100) horizontal.
Minimum
Width
Ten (10) foot wide driveway
base. Vegetation should be
cleared to eight (8) feet on each
side of driveway centerline
from the roadway to the front
property line.
Twenty (20) feet driveway base
or as approved by community
engineer.
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.
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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, quadraminiums, 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
quadraminiums, all open off-street parking shall have a continuous concrete perimeter curb
barrier around the entire parking lot. Said curb barrier shall not be closer than the required
parking setback of the respective zoning district. Grass, plantings or screening shall be provided
in all areas bordering the parking area.
13. Screening. When a parking area of six (6) spaces or more is adjacent to a street
or residential area, a berm, wall, or fence not less than four (4) feet in height shall be erected
along the parking area to screen headlights. Grass or plantings shall occupy the space between
the parking lot curb or fence and the street surface. (The City Council may recommend
screening in lieu of fencing.)
14. 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 commercial 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.
15. 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
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the approval ofthe Zoning Administrator. The need and specific amount of required cart storage
space shall be determined 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) 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.
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.
0 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, townhouse and quadraminium 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)9. 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:
a) Single Family and Two Family Dwellings. Two (2) spaces per unit.
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b) Boarding House/Accessory Apartment_ At least one (1) parking space for each
person for whom accommodations are provided for sleeping.
c) Townhome, Quadraminium, Manor Home, Multiple Family Dwellings, and Mobile
Homes within Mobile Home Parks. At least two and one-fourth (2-1/4) rent-free spaces per
unit. In projects involving eight (8) or more units, the City may require additional clustered guest
parking spaces based upon calculation of required demand.
d) Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking
space per unit. Initial development is, however, required of only one-half (1/2) space per unit
and said number of spaces can continue until such time as the City Council considers a need for
additional parking spaces has been demonstrated.
e) Rest Home, Nursing Home, Convalescent Center, or Institution: One (1) space for
each six (6) beds based upon maximum design capacity, plus one (1) space for each two (2)
employees.
f) Hospitals. Two (2) spaces for each bed.
g) Schools, Elementary and Junior High. One (1) space for each classroom plus one
1) additional space for each three hundred (300) student capacity, plus one (1) space for each
employee, plus one (1) space for each four (4) seats in auditorium.
h) High School and Colleges. One (1) space for each classroom plus one (1)
additional space for each seven (7) students based upon maximum design capacity.
i) Church, Theater, Auditorium. At least one (1) parking space for each three (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.
j) Community Centers, Libraries, Private Clubs, Lodges, Museums, Art Galleries.
One (1) space for each three hundred (300) square feet of floor area in the principal structure.
k) Day Care Facilities.
1. Day care facilities serving fourteen (14) or fewer persons: Two (2) spaces per
unit.
2. All other day care facilities: One (1) space per teacher on the largest shift, plus
one (1) space per five (5) students/children based on maximum capacity of the facility.
1) Office Buildings, Veterinary Hospitals, Professional Offices and Medical Clinics.
Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area.
3-56
m) Financial Institutions, Banks, Savings and Loan. Four (4) spaces for every one
thousand (1,000) square feet.
n) Health Club. One (1) space per two (2)exercise stations (e.g., strength machine or
cardio vascular) plus one (1) space per employee on the largest shift plus additional parking for
ancillary uses (e.g., gyms, auditoriums, offices, restaurants).
o) Retail Store and Service Establishment. At least one (1) off-street parking space
for each two hundred (200) square feet of floor area.
p) Shopping Centers. Five and one-half (5-1/2) spaces per each one thousand (1.000)
square feet of gross leasable floor area (exclusive of common areas)
q) Retail Sales and Service Business with F (50) Percent or More of Gross Floor
area Devoted to Storage, Warehouses and/or Industry. At least eight (8) spaces or one (1) space
for each two hundred (200) square feet devoted to public sales or service, plus one (1) space for
each five hundred (500) square feet of storage area.
r) Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On -Sale
Nightclubs. Ten (10) spaces for each one thousand (1,000) square feet of dining room, plus one
1) space for each employee of the maximum work shift.
s) Fast Food Restaurant. Fifteen (15) spaces per one thousand (1,000) square feet of
gross floor area.
t) Motels, Motor Hotels, Hotels. One (1) space per each rental unit plus one (1) space
for each eight (8) units, and one (1) space for each employee on any shift.
u) Laundromats. Six (6) spaces per one thousand (1,000) square feet of floor area.
v) Motor Fuel Station. At least four (4) off-street parking spaces plus one (1) space
for each employee on duty. Those facilities designed for sale of other items than strictly
automotive products, parts or service shall be required to provide additional parking in
compliance with other applicable sections of this Ordinance. Parking at fuel pumps shall not be
allowed to satisfy the parking requirements.
w) Auto Repair. Two (2) spaces per serving bay; the service bay is not a parking
space.
x) Motor Vehicles Sales Lot. Four (4) spaces per one thousand (1,000) square feet
gross sales and office floor area of the building plus one (1) space per each two thousand (2,000)
square feet of gross land area.
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y) Auto Wash/Commercial Car Wash. One space per employee plus: Drive through:
Ten (10) stacking spaces. Self-service: One (1) stacking space per wash bay. Motor Fuel
Stations: None in addition to that required for the principal use.
z) Garden Supply Store, Building Material Sales in Structure. Eight (8) off-street
parking spaces, plus one (1) additional space for eight hundred (800) square feet of floor area
over one thousand (1,000) square feet.
aa) Private Racquetball, Handball and Tennis Courts. Not less than six (6) spaces per
each court.
bb) Indoor Sports Arenas, Private Skating Rink, Dance Hall, or Public Auction House.
Twenty (20) off-street parking spaces, plus one (1) additional off-street parking space for each
two hundred (200) square feet of floor space over two thousand (2,000) square feet.
cc) GolfDriving Range, Miniature Golf, Archery Range. Ten (10) off-street parking
spaces plus one (1) for each one hundred (100) square feet of floor space of building.
dd) Golf Courses. Four (4) spaces per hole, plus fifty (50) percent of the requirements
for any other associated use.
ee) Bowling Alley. Five (5) spaces for each alley plus additional spaces for related
uses.
ff) Funeral Undertaking Establishments. At least twenty (20) parking spaces for each
chapel or parlor, plus one (1) parking space for each vehicle. Aisle space shall also be provided
off the street for making up a funeral procession.
gg) Electrical and Television Repair. Four (4) spaces per one thousand (1,000) square
feet of floor area.
hh) Woodworking Shop. One (1) space for each employee plus one (1) space for each
one thousand (1,000) square feet of gross floor area.
ii) Contractors' Offices, Shops and Yards. Two (2) spaces for each employee.
jj) Light Manufacturing. One (1) space for each employee or one (1) space for each
two thousand (2,000) square feet of gross floor area, whichever is greater.
kk) Warehousing, Storage of Handling of Bulk Goods. That space which is solely
used as office shall comply with the office use requirements and one (1) space for each two
thousand (2,000) square feet of floor area, and one (1) space for each company owned truck (if
not stored inside principal building).
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11) 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, type of use, number of employees, expected volume
and turnover of customer traffic and expected frequency and number of delivery or service
vehicles.
7) 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.
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.
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8) 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.
9) 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.
10) 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.
c) On corner lots (including rural districts), nothing shall be placed or allowed to grow
in such a manner as materially to impede vision between a height of two and one-half (2-1/2) and
ten (10) feet above the centerline grades of the intersecting streets within fifteen (15) feet of the
intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and
to yard grades that result in elevations that impede vision within fifteen (15) feet of any
intersecting street right-of-way lines.
11) 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:
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1. They are parked on an appropriate surface. Appropriate surface shall include
asphalt, concrete, pavers, and environmentally conscious materials when approved by the city
engineer. On properties over one acre in size, appropriate surface may also include rock or stone,
when approved by the city engineer.
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
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.
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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 1/2) 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.
2. On lots 2 '/2 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.
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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.
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1007.045 OFF-STREET LOADING.
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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.
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1007.046 RELOCATED STRUCTURES.
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.
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L., 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,
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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.
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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.
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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.
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
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dwelling are permitted. For the purpose of this section, an attached garage does not count as part
of the main dwelling.
a. The operation of any wholesale or retail business is prohibited. unless:
b. It is conducted entirely by mail or occasional home invitation:
c. It is exclusively the sale of products produced on-site; or
d. 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.
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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.
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 insure 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.
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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. Defmitions 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.
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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.
j) 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.
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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 maybeamended.
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).
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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, a conditional use
permit shall be required. The inclusion of an earth removal and land reclamation permit process
in this Ordinance does not automatically imply an applicant's entitlement to issuance of a permit.
The City may refuse to issue a permit if in the opinion of the City, the application is not in the
best interests ofthe 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:
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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.
j) 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 a conditional use permit, the City Engineer may determine that
permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a
neighborhood meeting and to notify affected property owners within one-quarter (1/4) mile.
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
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claims for damages resulting from the negligent excavation, removal, storage, or filling of rock,
sand, dirt, gravel, clay, or other like material within the City.
n) Other conditions deemed appropriate to the application by the permitting authority.
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L.,
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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.
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e.)
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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:
1. Sign messages shall be generic in nature and shall only identify the type of
business which is being conduced.
2. Shall not contain material classified as advertising.
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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.
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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.
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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.
j) 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:
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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.
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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:
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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 subject 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 ofthe 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
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shall require the processing of an interim use permit subject to the standards contained in
1007.017 of this Ordinance.
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.
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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 subject 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 oftowers 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.
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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.
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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) When the outdoor dining/seating is accessory to a restaurant, additional off-street
parking shall be required, pursuant to the requirements set forth in § 1007.044 of this Ordinance,
based on the additional seating provided by the outdoor area.
i) The outdoor dining/seating area shall be designed to avoid potential conflict with
motor vehicle parking or circulation.
j) 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.
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1007.046 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. In 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 ofOperation 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.
met.
i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily
j) 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.
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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.
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DISTRICT PROVISIONS
1007.070 GENERAL ZONING DISTRICT PROVISIONS.
1) District Establishment. The zoning districts are so designed as to assist in carrying out
the intents and purposes of the Comprehensive Plan and to control residential densities in such a
manner as to adequately provide public services and utilities. The zoning districts are based
upon the Comprehensive Plan, which has the purpose of protecting the public health, safety,
convenience, and general welfare by controlling the needs for public utilities, protecting against
traffic congestion and accident hazards, protecting the public health from adverse influences
generated by non-residential uses, protecting against the danger of fire conflagration, and other
purposes of a similar nature. For purposes of this Ordinance, the City of Lino Lakes is hereby
divided into the following zoning districts:
a) Rural Districts.
1. R, Rural.
2. R -X, Rural Executive.
b) Residential Districts.
1. R-1, Single Family Residential.
2. R -1X, Single Family Executive Residential.
3. R -EC, Single Family Estate Conservation District.
4. R-2, Two Family Residential.
5. R-3, Medium Density Residential.
6. R-4, High Density Residential.
7. R-6, Manufactured Home Park.
8. R-7, Manufactured Home Subdivision.
c) Business Districts.
1. NB, Neighborhood Business.
2. LB, Limited Business.
3. GB, General Business.
d) Industrial Districts.
1. LI, Light Industrial.
2. GI, General Industrial.
e) Special Districts.
1. PSP, Public and Semi -Public.
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L.,
2. R -BR, Rural Business Reserve.
3. PUD, Planned Unit Development.
4. AZO, Airport Zoning Overlay.
5. Shoreland Overlay.
6. Floodplain Overlay.
2) Zoning District Boundaries. Zoning district boundary lines established by this
Ordinance generally follow lot lines, the centerlines of railroad right-of-way lines, street rights-
of-way, water courses or the corporate limit lines, all as they exist upon the effective date of this
Ordinance.
a) Appeals concerning the exact location of a zoning district boundary line shall be
heard by the Council, serving as the Board of Adjustment and Appeals, pursuant to § 1007.018
of this Ordinance.
b) Whenever any street, alley or other public way is vacated by official action of the
City, the zoning district adjoining each side of such street, alley or public way shall be
automatically extended to the center of such vacation, and all area included in the vacation shall
then and henceforth be subject to all appropriate regulations of the extended districts.
c) All streets, alleys, public ways and railroad rights-of-way, if not otherwise
specifically designated, shall be deemed to be in the same zone as the property in the most
restrictive classification immediately abutting upon such alleys, streets, public ways or railroad
rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves
as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be
deemed to be the same as that ofthe abutting property up to such centerline.
d) All areas within the corporate limits of the City which are under water and which
are not shown as included within any zone shall be subject to all regulations of the zone which
immediately adjoins such water area. If such water area adjoins two or more zones, the
boundaries of each zone shall be construed to be extended into the water area in a straight line
until they meet the other district at the half -way point and/or to the corporation limits.
3) Zoning Map. The location and boundaries of the districts established by this text are
hereby set forth on the Zoning Map, entitled "Zoning Map of Lino Lakes". Said map shall be on
file with the Zoning Administrator, and hereinafter referred to as the "Zoning Map". Said map
and all the notations, references and other information shown thereon shall have the same force
and effect as if fully set forth herein and thereby made a part of this Ordinance by reference.
4) Annexations. In the event of annexation proceedings becoming final before the
permanent zoning is determined, the annexed area shall be placed in the most restrictive district
and such classification shall be considered an interim step pending permanent classification.
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RURAL DISTRICTS
1007.080 R, RURAL DISTRICT.
1) Purpose. This district is designed and intended to aid in guiding development toward
fulfillment of the Comprehensive Plan and to serve the following functions:
a) To preserve productive land for agricultural use and maintain "open space" within and
near to urban areas.
b) To help guide development ofurban and rural areas along an orderly design to preserve
continuity and efficiency of service.
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.
d) To reduce the possibilities of rural -urban conflicts in establishing types and levels of
service, methods of financing the services and needs. To maintain an acceptable per capita cost for
such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and
other necessary services.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable, except as provided
for in § 1007.042 (2)(b).
b) Minimum Lot Width. Three hundred thirty (330) feet, except as provided for in
1007.042 (2)(b), which shall require a minimum lot width of two hundred (200) feet.
c) Setbacks. (The greater ofthe following:)
1. From Streets.
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Thirty (30) feet.
3. Side Yard.
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a. Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
d) Rural Lot Resubdivision. Principal and accessory buildings shall be located on a rural
lot so as to allow for future resubdivision per § 1007.003 (2)(d) of this Ordinance.
3) Building Requirements.
a) The minimum floor area for single family dwellings measured using the outside
building dimensions shall be as follows:
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level -3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
b) All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
c) All dwellings shall have a double garage.
4) Height Regulations. No building shall be erected or structurally altered to exceed thirty-
five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings.
5) Permitted Uses. In the R District, no building or land shall be used and no building shall
be erected, converted, or structurally altered, unless otherwise provided herein, except for one or
more of the following uses:
a) Agriculture, gardening and sod farming.
b) Commercial greenhouses and nurseries.
c) Day care facilities (fourteen (14) or fewer persons).
d) Golf courses and driving ranges.
e) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
0 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.
g) Public parks.
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h) Single family detached dwellings.
i) State licensed residential care facility serving six (6) or fewer persons.
j) Temporary stands for the sale of agricultural products produced on the premises in
accordance with § 1007.043 (4)(g) of this Ordinance.
k) Community Gardens operated by the city.
6) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R District:
a) Accessory apartments as regulated by § 1007.049 of this Ordinance.
b) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic and farm supplies, and non-commercial recreational equipment, as regulated by
1007.043 (4) of this Ordinance.
c) Fences, as regulated by § 1007.043 (18) of this Ordinance.
d) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
e) Operation, parking, or storage of such vehicles, equipment and machinery which are
incidental and customary to permitted or conditional uses allowed in this district.
f) 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 ofelectronic
equipment including radio receivers, ham radio transmitters and television receivers as regulated by
1007.054 of this Ordinance.
g)
h)
Code.
Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance.
Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the City
i) Swimming pools, sport courts and other recreational facilities which are operated for
the enjoyment and convenience ofthe residents of the principal use and their guests, as regulated by
1007.043 (4) of this Ordinance.
7) Conditional Uses. The following are conditional uses in the R District. These uses require
a conditional use permit based on the standards and procedure outlined in § 1007.016 of this
Ordinance.
a) Bicycle racing arenas, provided that:
1. The facility is provided adequate private on-site sewer and water facilities of
sufficient size to accommodate the occupancy capacity of the arena.
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2. Side yard setbacks shall not be less than fifty (50) feet.
3. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) ofthis Ordinance.
4. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
5. Adequate off-street loading and service entrances are provided and regulated where
applicable by §1007.045 of this Ordinance.
b) Cemeteries provided that:
1. At minimum, the site accesses on a "collector" street.
2. Where abutting a rural or residential zoning district, the periphery ofthe site shall be
screened in accordance with § 1007.043 (17) of this Ordinance.
c) Commercial and public radio and television transmitting antennas, and public utility
microwave antennas less than two hundred (200) feet in height as regulated by § 1007.054 of this
Ordinance.
d) Commercial Stables, Commercial Kennels, and similar uses provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Property shall be in conformance with minimum lot size requirements ofthis zoning
district.
3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any
neighboring habitable dwelling and 100 feet from any property line, or located in the middle ofthe
parcel, whichever is greater.
e) Veterinary Hospitals provided that:
1. Property shall be in conformance with minimum lot size requirements of this zoning
district.
2. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
3. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage
facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.
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that:
4. An animal kennel is permitted as an accessory use to the veterinary hospital provided
a. The number of animals boarded shall not exceed forty (40).
b. An enclosed indoor or exterior exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel.
c. A ventilation system shall be designed so that no odors or organisms will spread
between wards or to the outside air and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees
Fahrenheit.
d. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made of non -porous materials or
sealed concrete to make it non -porous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
g. A commercial kennel license is obtained from the City.
5. The applicable provisions of Chapter 503 are determined to be satisfied.
6. All State Health Department and Minnesota Pollution Control Agency requirements
for such facilities are met.
f) Day care facilities (exceeding fourteen (14) persons) provided that:
1. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
2. All day care facility operations comply with the minimum requirements of the
Minnesota Department ofHealth and Human Services regulations, as may be amended.
g) Planned unit development rural cluster subdivision as per § 1007.024 ofthis Ordinance.
h) Public and private airports provided that:
1. All applicable requirements of the Federal Aviation Administration (FAA),
Minnesota Department of Transportation (MnDOT), and Metropolitan Airports Commission
MAC) are satisfactorily met.
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i) Public, Educational and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; public and private educational institutions limited
to elementary, junior high and senior high schools; and religious institutions such as churches,
chapels, temples, mosques and synagogues provided that:
1. Side yard setbacks shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of
this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with §1007.043 (17) of this Ordinance.
j) Wild game farms and gun clubs provided that:
1. The principal use, function or activity is open, outdoor in character, and the site shall
contain a minimum of one hundred (100) acres.
structures.
2. Not more than five (5) percent of the land area ofthe site be covered by buildings or
3. Any operation involving the discharge offirearms shall comply with Section 504 of
the City Code.
4. When abutting a residential use and a residential district, the property is screened and
landscaped in compliance with § 1007.043 (17) of this Ordinance.
k) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
8) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area ofthe principal building.
d) Transient Merchants.
9) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R District and governed by § 1007.017 of this Ordinance.
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a) Temporary Batch Plants.
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1007.081 R -X, RURAL EXECUTIVE DISTRICT.
1) Purpose. This district is designed and intended to aid in guiding development toward
fulfillment of the Comprehensive Plan and to serve the following functions:
a) To preserve productive land for agricultural use.
b) To maintain "open space" within and near urban areas.
c) To help guide development ofurban and rural areas along an orderly design to preserve
continuity and efficiency of service.
d) To provide a method by which the urban farm can be guided so as to control urban
sprawl and still conserve land in an economic status until such time as the need is present for an
amendment to the Comprehensive Plan.
e) To reduce the possibilities of rural -urban conflicts in establishing types and levels of
service, methods of financing the services and needs. To maintain an acceptable per capita cost for
such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and
other necessary services.
f) To provide areas for high value, rural residences.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable. except as provided
for in § 1007.042 (2)(b).
b) Minimum Lot Width. Three hundred thirty (330) feet, except as provided for in
1007.042 (2)(b) which shall require a minimum lot width of two hundred (200) feet.
c) Setbacks. (The greater of the following:)
1. From Street.
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Thirty (30) feet.
3. Side Yard.
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sm
a. 1) Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
d) Rural Lot Resubdivision. Principal and accessory buildings shall be located on a rural
lot so as to allow for future resubdivision per § 1007.003 (2)(d) of this Ordinance.
3) Building Requirements.
a) The minimum floor area for single family dwellings measured using the outside
building dimensions shall be as follows:
Rambler 1,260 square feet
1-1/2 Story 1,092 square feet
Split Foyer/Entry 1,248 square feet
Split Level -3 level minimum 1,248 square feet
Two Story 1,040 square feet
b) All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
c) All dwellings shall have a double garage.
4) Height Regulations. No building shall be erected or structurally altered to exceed thirty-
five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings.
5) Permitted Uses. In the R -X District, no building or land shall be used and no building
shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one
or more of the following uses:
a) Agriculture, gardening and sod farming.
b) Commercial greenhouses and nurseries.
c) Day care facilities (fourteen (14) or fewer persons).
d) Golf courses and driving ranges.
e) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
0 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.
g) Public parks.
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Single family detached dwellings.
State licensed residential care facility serving six (6) or fewer persons.
Temporary stands for the sale of agricultural products produced on the premises in
accordance with § 1007.043 (4)(g) of this Ordinance.
k) Community Gardens operated by the city.
6) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R -X District:
a) Accessory apartments as regulated by § 1007.049 of this Ordinance.
b) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic and farm supplies, and non-commercial recreational equipment, as regulated by
1007.043 (4) of this Ordinance.
c) Fences, as regulated by §1007.043 (18) of this Ordinance.
d) Home occupation Level A as regulated by §1007.047 of this Ordinance.
e) Operation, parking, or storage of such vehicles, equipment and machinery which are
incidental and customary to permitted or conditional uses allowed in this district.
f) 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 ofelectronic
equipment including radio receivers, ham radio transmitters and television receivers as regulated by
1007.054 of this Ordinance.
Code.
g) Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance.
h) Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, ofthe City
i) Swimming pools, sport courts and other recreational facilities which are operated for
the enjoyment and convenience ofthe residents of the principal use and their guests, as regulated by
1007.043 (4) of this Ordinance.
7) Conditional Uses. The following are conditional uses in the R -X District. These uses
require a conditional use permit based on the criteria and procedures outlined in § 1007.016 this
Ordinance.
a) Cemeteries provided that:
1. At minimum, the site accesses on a "collector" street.
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2. Where abutting a rural or residential zoning district, the periphery ofthe site shall be
screened in accordance with § 1007.043 (17) of this Ordinance.
b) Commercial and public radio and television transmitting antennas, and public utility
microwave antennas less than two hundred (200) feet in height as regulated by § 1007.054 of this
Ordinance.
c) Commercial Stables, Commercial Kennels, and similar uses provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Property shall be in conformance with minimum lot size requirements ofthis zoning
district.
3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any
neighboring habitable dwelling and 100 feet from any property line, or located in the middle ofthe
parcel, which ever is greater.
d) Veterinary Hospitals provided that:
1. Property shall be in conformance with minimum lot size requirements ofthis zoning
district.
2. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
3. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage
facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.
that:
4. An animal kennel is permitted as an accessory use to the veterinaryhospital provided
a. The number of animals boarded shall not exceed forty (40).
b. An enclosed indoor or exterior exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel.
c. A ventilation system shall be designed so that no odors or organisms will spread
between wards or to the outside air and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees
Fahrenheit.
d. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made ofnon -porous materials or
sealed concrete to make it non -porous.
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f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
g. A commercial kennel license is obtained from the City.
5. The applicable provisions of Chapter 503 are determined to be satisfied.
6. All State Health Department and Minnesota Pollution Control Agency requirements
for such facilities are met.
e) Day care facilities (exceeding fourteen (14) persons) provided that:
1. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
2. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
f) Planned unit development rural cluster subdivision as per § 1007.024 of this Ordinance.
g) Public, Educational and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; public and private educational institutions limited
to elementary, junior high and senior high schools; and religious institutions such as churches,
chapels, temples, mosques and synagogues provided that:
1. Side yard setbacks shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of
this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
h) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
8) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
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c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
9) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R -X District and governed by § 1007.017 of this Ordinance.
a) Temporary Batch Plants.
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RESIDENTIAL DISTRICTS
1007.090 R-1, SINGLE FAMILY RESIDENTIAL DISTRICT.
1) Purpose. This district is intended to provide a residential atmosphere for those persons
desiring a single family neighborhood with a suburban density. This district is intended for
development of single family detached homes on lots served with public sanitary sewer and water.
Land to be zoned R-1 shall be served with public sanitary sewer and water; shall be in a Low Density
Residential land use category according to the comprehensive plan; and development density shall be
consistent with that land use category.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Ten thousand eight hundred (10,800) square feet contiguous
buildable land as defined by § 1007.001 (2).
b) Minimum Lot Width.
1. Interior Lots. Eighty (80) feet.
2. Corner Lots. One hundred (100) feet.
3. Lots of one and one-half (1.5) acres recorded prior to 22 February 1988 may be
resubdivided in accordance with the following:
a. Interior Lots. Seventy-five (75) feet.
b. Corner Lots. Ninety-five (95) feet.
c) Minimum Lot Depth. One hundred thirty-five (135) feet.
1. Double Frontage Lots. One hundred forty-five (145) feet.
d) Building Setbacks.
1. From Streets (Principal and Accessory Buildings)
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard.
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a. Principal Building. Thirty (30) feet.
b. Accessory Building. Five (5) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
e) Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen
15) foot buffer in accordance with §1007.043 (17).
3) Impervious Surface Coverage. The impervious surface of the property shall not exceed
forty percent (40%).
4) Building Requirements.
a) The minimum footprint. less garage area. for a single family dwelling unit shall be as
follows:
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level - 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
b) All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
c) All dwellings shall have a double garage at a minimum.
d) All dwellings shall comply with the Design and Construction Standards of § 1007.043
2).
5) Height Regulations. No building shall be erected or structurally altered to exceed thirty-
five (35) feet in height except as allowed by § 1007.043 (3).
6) Sanitary Sewer. No R-1 subdivision creating a lot less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
7) Permitted Uses. In the R-1 District, no building or land shall be used and no building shall
be erected, converted or structurally altered unless otherwise provided herein, except for one or more
of the following uses:
6-2
a) Day care facilities serving fourteen (14) or fewer persons.
b) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
c) Public parks.
d) Single family detached dwellings.
e) State licensed residential care facility serving six (6) or fewer persons.
f) Community Gardens operated by the city.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R-1 District:
a) Accessory apartments as regulated by § 1007.048 of this Ordinance.
b) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by §1007.043 (4) of this Ordinance.
c) Fences, as regulated by § 1007.043 (18) of this Ordinance.
d) Home occupation Level A as regulated by §1007.047 of this Ordinance.
e) Non-commercial greenhouses provided they do not exceed two hundred (200) square
feet in area.
f) Parking spaces and car ports for licensed and operable passenger cars and trucks.
g) 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 as regulated by
1007.054 of this Ordinance.
h) Parking ofrecreational vehicles and equipment per § 1007.044 (11) of this Ordinance.
i) Signs, as regulated by Chapter 1010 of the City Code.
j) Swimming pools, sport courts, and other recreational facilities which are operated for
the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This
does not include racing/riding courses for off-road vehicles.
9) Conditional Uses. The following are conditional uses in the R-1 District: These uses
require a conditional use permit based on the criteria and procedures outlined in §1007.016 of this
Ordinance.
a) Cemeteries provided that:
1. At minimum, the site accesses on a collector street.
2. Where abutting a rural or residential zoning district, the periphery ofthe site shall be
screened in accordance with § 1007.043 (17) of this Ordinance.
b) Commercial outdoor recreational areas including golf courses, country clubs, driving
ranges. swimming pools, and similar facilities provided that:
1. The principal use, function or activity is open, outdoor in character.
2. Not more than five (5) percent ofthe land area of the site be covered by buildings or
structures.
3. When abutting a residential use and a residential use district, the property is screened
and landscaped in compliance with §1007.043 (17) of this Ordinance.
4. The site must be accessed via a collector street or arterial street.
c) Day care facilities serving more than fourteen (14) persons provided that:
1. Day care facility has access to municipal sewer and water.
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
d) Public, Educational, and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosque, and
synagogues provided that:
1. Side yards shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
6-4
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of
this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
e) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
11) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R-1 District and governed by § 1007.016 of this Ordinance.
a) None.
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1007.091 R -1X, SINGLE FAMILY EXECUTIVE RESIDENTIAL DISTRICT.
1) Purpose. This district is intended to provide a residential atmosphere for those persons
desiring a single family neighborhood with a suburban density. This district is intended for
development of single family detached homes on lots served with public sewer and water. Land to
be zoned R -1X shall be served with public sanitary sewer and water; shall be in a Low Density
Residential land use category according to the comprehensive plan; and development density shall be
consistent with that land use category.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Twelve thousand eight hundred twenty-five (12,825) square feet
contiguous buildable land as defined by § 1007.001 (2) of this Ordinance.
b) Minimum Lot Width.
1. Interior Lots,. Ninety (90) feet.
2. Corner Lots. One hundred fifteen (115) feet.
c) Minimum Lot Depth. One hundred thirty-five (135) feet.
1. Double Frontage Lots. One hundred forty-five (145) feet.
d) Building Setbacks.
1. From Streets (Principal and Accessory Buildings).
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Five (5) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
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e) Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen
15) foot buffer in accordance with §1007.043 (17).
3) Impervious Surface Coverage. The impervious surface of the property shall not exceed
forty percent (40%).
4) Building Requirements.
a) The minimum footprint, less garage area, for a single family dwelling unit shall be as
follows:
Rambler 1,260 square feet
1-1/2 Story 1,092 square feet
Split Foyer/Entry 1,248 square feet
Split Level - 3 level minimum 1,248 square feet
Two Story 1,040 square feet
b) All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
c) All dwellings shall have a double garage ofa minimum six hundred (600) square feet.
d) All dwellings shall comply with the Design and Construction Standards of § 1007.043
2).
5) Height Regulations. No building shall be erected or structurally altered to exceed thirty-
five (35) feet in height except as allowed by §1007.043 (3).
6) Sanitary Sewer. No R -1X subdivision creating a lot of less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
7) Permitted Uses. In the R -1X District, no building or land shall be used and no building
shall be erected, converted or structurally altered unless otherwise provided herein, except for one or
more of the following uses:
a) Day care facilities serving fourteen (14) or fewer persons.
b) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
c) Public parks.
d) Single family detached dwellings.
e) State licensed residential care facility serving six (6) or fewer persons.
6-8
f) Community Gardens operated by the city.
8) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are
permitted accessory uses in the R -1X District:
a) Accessory apartments as regulated by § 1007.048 of this Ordinance.
b) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
c) Fences, as regulated by § 1007.043 (18) of this Ordinance.
d) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
e) Non-commercial greenhouses provided they do not exceed two hundred (200) square
feet in area.
f) Parking spaces and car ports for licensed and operable passenger cars and trucks.
g) 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 ofelectronic
equipment including radio receivers, ham radio transmitters and television receivers as regulated by
1007.054 of this Ordinance.
h) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance.
i) Signs, as regulated by Chapter 1010 of the City Code.
j) Swimming pools, sport courts, and other recreational facilities which are operated for
the use ofthe residents ofthe principal use and their guests as regulated by § 1007.043 (d). This does
not include racing/riding courses for off-road vehicles.
9) Conditional Uses. The following are conditional uses in the R -1X District: These uses
require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this
Ordinance.
a) Cemeteries provided that:
1. At minimum, the site accesses on a collector street.
2. Where abutting a rural or residential zoning district, the periphery ofthe site shall be
screened in accordance with § 1007.043 (17) of this Ordinance.
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b) Commercial outdoor recreational areas including golf courses, country clubs, driving
ranges, swimming pools, and similar facilities provided that:
1. The principal use, function or activity is open, outdoor in character.
2. Not more than five (5) percent ofthe land area ofthe site be covered by buildings or
structures.
3. When abutting a residential use and a residential use district, the property is screened
and landscaped in compliance with § 1007.043 (17) of this Ordinance.
4. The site must be accessed via a collector street or arterial street.
c) Day care facilities serving more than fourteen (14) persons provided that:
1. Day care facility has access to municipal sewer and water.
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
d) Public, Educational and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosque, and
synagogues provided that:
e) Side yards shall not be less than fifty (50) feet.
1. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
2. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of
this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
f) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
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a) Personal wireless service antennas as secondary uses as regulated by § 1007.044 ofthis
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
11) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R -1X District and governed by § 1007.001 of this Ordinance.
a) None.
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1007.092 Left blank intentionally
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1007.093 R-2, TWO FAMILY RESIDENTIAL DISTRICT.
1) Purpose. This district is intended to provide a residential atmosphere for those persons
desiring a single family neighborhood with a suburban density. This district is intended for
development of single and two family detached homes on lots served with public sewer and water:
no land shall be zoned R-2 unless the site is within the MUSA and city sanitary sewer and city water
are available. Land to be zoned R-2 shall be served with public sanitary sewer and water; shall be in
a Low Density Residential or Medium Density Residential land use category according to the
comprehensive plan; and development density shall be consistent with the land use category.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by
1007.001 (2).
1. Two Family.
a. Base Lots. Fifteen thousand (15,000) square feet.
b. Unit Lots. Seven thousand five hundred (7,500) square feet.
2. Single Family. Seven thousand five hundred (7,500) square feet.
b) Minimum Lot Width.
1. Two Family.
a. Base Lots. One hundred (100) feet.
b. Unit Lots. Fifty (50) feet.
2. Single Family.
a. Interior Lots. Sixty (60) feet.
b. Corner Lots. Eighty (80) feet.
c) Minimum Lot Depth. One hundred twenty-five (125) feet.
1. Double Frontage Lots. One hundred thirty-five (135) feet.
d) Building Setbacks.
1. From Streets (Principal and Accessory Buildings).
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a. Local Street._ Twenty-five (25) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard
a. Principal Building. Twenty-five (25) feet.
b. Accessory Building. Five (5) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
4. Zero Lot Line. Side yard setback requirements shall not be applied to a common
wall of a two family dwelling unit.
e) Buffer. Where a side or rear lot line abuts a collector or arterial street a fifteen (1 5)
foot wide buffer shall be provided in accordance with §1007.043 (17).
3) Impervious Surface Coverage Area. The impervious surface of the property shall not
exceed forty percent (40%) in a Low Density Residential land use area, or fifty percent (50%) in a
Medium Density Residential land use area.
4) Building Design Standards.
a) Floor Area. The minimum footprint area, less garage area, for single and two family
dwelling units shall be as follows:
1. Single Family Dwellings.
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level — 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
2. Two Family Dwellings. Eight hundred (800) square feet first floor above grade,
plus one hundred (100) additional square feet for each bedroom.
b) All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
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c) Garages. All single family dwellings shall have a double garage and shall comply with
the following:
1. Compliance with the Building Type and Construction Standards of § 1007.043 (2),
and
2. All garages, except side or rear loaded garages, shall not protrude forward of the
front wall ofthe house, unless the house includes a front porch that is unenclosed, a minimum of 8
feet in depth, and extends across 100 percent ofthe front facade ofthe house. The garage shall then
not protrude forward of the front porch, and
3. Ifthe garage door faces the street, the length ofthe garage wall facing the street shall
not be greater than fifty percent (50%) ofthe length ofthe entire front facade ofthe structure; except
on houses that comply with all of the following conditions:
a. The second floor living space extends over the two -car portion ofthe garage; and
b. The garage doors are decorative and have a strip of windows; and
c. Garages in excess of two stalls shall be broken up so the additional stalls are
recessed four feet from the main garage facade; and
d. Garage width does not exceed 32 feet.
d) All dwellings shall comply with the Design and Construction Standards of §1007.043
2).
5) Height Regulations. No two family dwelling shall hereafter be erected or structurally
altered to exceed thirty-five (35) feet in height.
6) Sanitary Sewer. No R-2 subdivision creating a lot of less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
7) Permitted Uses. In the R-2 District, no building or land shall be used and no building
shall be erected, converted or structurally altered unless otherwise provided herein, except for one or
more of the following uses:
a) Day care facilities serving sixteen (16) or fewer persons.
b) Governmental and public regulated utility buildings and structures necessary for the
health, safety, and general welfare of the City.
c) Public parks.
d) Single family detached dwellings.
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e) State licensed residential care facility serving sixteen (16) or fewer persons.
f) Two family dwellings.
g) Community Gardens operated by the city.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R-2 District:
a) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
b) Accessory apartments within single family homes as regulated by § 1007.048 of this
Ordinance.
c) Fences per §1007.043 (1 8) of this Ordinance.
d) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
e) Non-commercial greenhouses provided they do not exceed two hundred (200) square
feet in area.
f) Parking and car ports for licensed and operable passenger cars and trucks.
g) 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 ofelectronic
equipment including radio receivers, ham radio transmitters and television receivers as regulated by
1007.054 of this Ordinance.
h) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance.
i) Signs as regulated by Chapter 1010 of the City Code.
j) Swimming pools, sport courts, and other recreational facilities which are operated for
the use ofthe residents ofthe principal use and their guests as regulated by § 1007.043 (4). This does
not include racing/riding courses for off-road vehicles.
9) Conditional Uses. The following are conditional uses in the R-2 District: These uses
require a conditional use permit based on the criteria and procedures outlines in § 1007.001 of this
Ordinance.
a) Commercial outdoor recreational areas including golf courses. country clubs, driving
ranges, swimming pools, and similar facilities provided that:
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1. The principal use, function or activity is open, outdoor in character.
2. Not more than five (5) percent ofthe land area ofthe site be covered by buildings or
structures.
3. When abutting a residential use and a residential use district, the property is screened
and landscaped in compliance with § 1007.043 (17) of this Ordinance.
4. The site shall be accessed via a collector street or arterial street.
b) Day care facilities serving more than sixteen (16) persons provided that:
1. Such day care facility has access to municipal sewer and water or has adequate
private sewer and water to protect the health and safety of all persons who occupy the facility.
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of §1007.043 (17) ofthis Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
c) Public, educational, and religious buildings, public or semi-public recreational
buildings and neighborhood or community centers limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosques, and
synagogues provided that:
1. Side yard setbacks shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 (4)
ofthis Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
d) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis
Ordinance.
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b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-2 District and governed by §1007.016 of this Ordinance:
a) None.
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1007.094 R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT.
1) Purpose. This district is intended to provide setting for multiple family structures ofup to
eight (8) dwelling units per building in areas that have good thoroughfare access, have proper
relationship to other uses, and are accessible to major activity centers, recreation areas and shopping
areas. Land to be zoned R-3 shall be served with public sanitary sewer and water; shall be in a
Medium Density Residential land use category according to the comprehensive plan; and
development density shall be consistent with that land use category.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by
1007.001 (2).
1. Base Lots.
a. Two Family Dwellings. Fourteen thousand (14,000) square feet.
b) Townhomes and Other Multiple Family Dwellings. Twenty four thousand (24,000)
square feet.
c) Minimum Lot Width.
1. Base Lots. One hundred (100) feet.
d) Minimum Lot Depth. There is no minimum lot depth in the R-3 zoning district.
e) Building Setbacks.
1. From Streets (Principal and Accessory Buildings).
a. Residential Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
c. Parking Lotfrom street. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Five (5) feet.
c. Parking Lot. Five (5) feet.
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3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Five (5) feet.
c. Parking Lot. Five (5) feet.
4. Zero Lot Line. Side yard setback requirements shall not be applied to a common
wall of multi -family dwelling units.
5. From Low Density Residential. Principal buildings shall be a minimum of
thirty-five (35) feet from any land guided for low density residential.
f) Buffer. Where a side or rear lot line abuts land guided for low density residential, a
collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance
with § 1007.043 (17).
3) Impervious Surface Coverage Area. The impervious surface of the property shall not
exceed fifty percent (50%) in a Medium Density Residential land use area, or sixty-five percent
65%) in a High Density Residential land use area.
4) Building Design Standards.
a) Floor Area. The minimum livable floor area for each multiple family dwelling unit
shall be seven hundred (700) square feet plus one hundred (100) additional square feet for each
bedroom.
b) Utility Area. Dwellings with dedicated individual access shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities, unless a basement is present.
Dwellings with shared access shall be required to provide adequate floor area within the building to
house utilities.
c) All dwelling units shall have parking provided in accordance with § 1007.044 (6).
d) All dwellings shall comply with the Design and Construction Standards of §1007.043
2).
5) Height Regulations. No building shall be erected or structurally altered to exceed the
height ofthe greater of three stories or thirty-six (36) feet in height except as allowed by § 1007.043
3).
6) Sanitary Sewer. No R-3 subdivision creating a lot of less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
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7) Permitted Uses. In the R-3 District, no building or land shall be used and no building shall
be erected, converted or structurally altered unless otherwise provided herein, except for one or more
of the following uses:
a) Day care facilities serving sixteen (16) or fewer persons.
b) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
c) Multiple dwellings containing eight (8) units or less.
d) Public parks.
e) State licensed residential care facility serving sixteen (16) or fewer persons.
f) Townhomes and quadraminiums.
g) Two family dwellings.
h) Community Gardens operated by the city.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R-3 District:
a) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
b) Fences per § 1007.043 (18) of this Ordinance.
c) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
d) Non-commercial greenhouses provided they do not exceed two hundred (200) square
feet in area.
e) Parking and car ports for licensed and operable passenger cars and trucks.
f) 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 as regulated by
1007.054 of this Ordinance.
g) Parking ofrecreational vehicles and equipment per § 1007.044 (11) of this Ordinance.
h) Signs as regulated by Chapter 1010 of the City Code.
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i) Swimming pools, sport courts, and other recreational facilities which are operated for
the use ofthe residents ofthe principal use and their guests as regulated by § 1007.043 (4). This does
not include racing/riding courses for off-road vehicles.
9) Conditional Uses. The following are conditional uses in the R-3 District: These uses
require a conditional use permit based upon the criteria and procedures outlined in § 1007.001 ofthis
Ordinance.
a) Commercial outdoor recreational areas including golf courses, country clubs, driving
ranges, swimming pools, and similar facilities provided that:
1. The principal use, function or activity is open, outdoor in character.
2. Not more than five (5) percent of the land area ofthe site be covered by buildings or
structures.
3. When abutting a residential use and a residential use district, the property is screened
and landscaped in compliance with § 1007.043 (17) of this Ordinance.
4. The site shall be accessed via a collector street or arterial street.
b) Day care facilities serving more than sixteen (16) persons provided that:
1 1. Such day care facility has access to municipal sewer and water or has adequate
private sewer and water to protect the health and safety of all persons who occupy the facility.
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
c) Public, educational and religious buildings, public or semi-public recreational buildings
and neighborhood or community centers limited to nursery, elementary, junior high and senior high
schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues
provided that:
1. Side yard setbacks shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 1007.044
6-22
ofthis Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
d) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by §i 007.054 ofthis
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
11) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R-3 District and governed by § 1007.017 of this Ordinance.
a) None.
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ooist
1007.095 R-4, HIGH DENSITY RESIDENTIAL DISTRICT.
1) Purpose. This district is intended to provide setting for multiple family housing in areas
that have good thoroughfare access, have proper relationship to other uses, and are accessible to
major activity centers, recreation areas and shopping areas. Land to be zoned R-4 shall be served
with public sanitary sewer and water; shall be in a High Density Residential land use category
according to the comprehensive plan; and development density shall be consistent with that land use
category.
2) Lot and Yard Requirements.
a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by
1007.001 (2).
1. Base Lots.
a. Two Family. Twelve thousand (12,000) square feet.
b. Townhome/Quadraminium and Other Multiple Family Dwellings_ Twenty
thousand (20.000) square feet.
b) Minimum Lot Width.
1. Base Lots. One hundred (100) feet.
c) Minimum Lot Depth. There is no minimum lot depth in the R-4 zoning district.
d) Building Setbacks.
1. From Streets.
a. Residential Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
c. Parking Lot From Street. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Five (5) feet.
c. Parking Lot. Five (5) feet.
6-25
3. Side Yard.
a. Principal Building. Twenty (20) feet.
b. Accessory Building. Five (5) feet.
c. Parking Lot. Five (5) feet.
4. Zero Lot Line. Side yard setback requirements shall not be applied to a common
wall of multi -family dwelling units.
5. From Low Density Residential District. Principal buildings shall be a minimum
of thirty-five (35) feet from any land guided for low density residential.
e) Buffer. Where a side or rear lot line abuts land guided for low density residential, a
collector street, or an arterial street a fifteen (20) foot wide buffer shall be provided in accordance
with §1007.043 (17).
3) Impervious Surface Coverage Area. The impervious surface of the property shall not
exceed sixty-five percent (65%).
4) Building Design Standards.
5) Floor Area. The minimum livable floor area for each multiple family dwelling unit shall be
seven hundred (700) square feet plus one hundred (100) additional square feet for each bedroom.
6) Utility Area. Dwellings with dedicated individual access shall be required to provide an
additional one hundred (100) square feet offloor area to house utilities, unless a basement is present.
Dwellings with shared access shall be required to provide adequate floor area within the building to
house utilities.
7) All dwellings shall provide parking in accordance with §1007.044 (11).
8) All dwellings shall comply with the Design and Construction Standards of §1007.043 (2).
9) Height Regulation. No building shall be erected or structurally altered to exceed forty-five
45) feet in height—or, for a multiple dwelling building, the greater of four (4) stories or forty-five
45) feet—except as allowed by §1007.043 (3).
10) Sanitary Sewer. No R-4 subdivision creating a lot less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
11) Permitted Uses. In the R-4 District, no building or land shall be used and no building shall
be erected, converted or structurally altered unless otherwise provided herein, except for one or more
of the following uses:
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a) Day care facilities serving sixteen (16) or fewer persons.
b) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
c)
d)
e)
0
g)
h)
Multiple family dwellings.
Public parks.
State licensed residential care facility serving sixteen (16) or fewer persons.
Townhomes and quadraminiums.
Two family dwellings.
Community Gardens operated by the city.
12) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are
permitted accessory uses in the R-4 District:
a) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
b) Fences per § 1007.043 (18) of this Ordinance.
c) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
d) Non-commercial greenhouses provided they do not exceed two hundred (200) square
feet in area.
e) Parking and car ports for licensed and operable passenger cars and trucks.
0 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 as regulated by
1007.054 of this Ordinance.
g) Parking of recreational vehicles and equipment per § 1007.044 (11) ofthis Ordinance.
h) Signs as regulated by Chapter 1010 ofthe City Code.
i) Swimming pools, sport courts, and other recreational facilities which are operated for
the use ofthe residents ofthe principal use and their guests as regulated by § 1007.043 (4). This does
not include racing/riding courses for off-road vehicles.
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13) Conditional Uses. The following are conditional uses in the R-4 District: These uses
require a conditional use permit based upon the criteria and procedures outlined in § 1007.016 ofthis
Ordinance.
a) Clinics, hospitals and nursing homes provided that:
1. Side yards are double the minimum requirements established for this district and are
screened in compliance with §1007.043 (17) of this Ordinance.
2. Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled and screened in compliance with § 1007.043 (17) of this Ordinance.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
4. All signing and informational or visual communication devices shall be in
compliance with Appendix C of the City Code.
5. All State Statutes and regulations governing such use are strictly adhered to and all
required operating permits are secured.
6. Adequate off-street parking is provided in compliance with § 1007.044 of this
Ordinance.
7. Adequate off-street loading space is provided in compliance with § 1007.045 this
Ordinance.
b) Commercial outdoor recreational areas including golf courses, country clubs, driving
ranges, swimming pools, and similar facilities provided that:
1.The principal use, function or activity is open, outdoor in character.
2.Not more than five (5) percent ofthe land area ofthe site be covered by buildings or
structures.
3. When abutting a residential use and a residential use district, the property is screened
and landscaped in compliance with § 1007.043 (17) of this Ordinance.
4.The site shall be accessed via a collector street or arterial street.
c) Day care facilities serving more than sixteen (16) persons provided that:
1. Such day care facility has access to municipal sewer and water or has adequate
private sewer and water to protect the health and safety of all persons who occupy the facility.
6-28
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) ofthis Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
d) Funeral homes and mortuaries provided that:
1. The site and related parking and service entrances are served by an arterial or
collector street or sufficient capacity to accommodate the traffic which will be generated.
2. Adequate off-street parking is provided in compliance with §1007.044 of this
3. Adequate off-street loading is provided in compliance with §1007.045 of this
4. Vehicular entrances to parking or service areas shall create a minimum of conflict
with through traffic movement.
Ordinance.
Ordinance.
5. When abutting residential zoning districts, a buffer area with screening and
landscaping in compliance with § 1007.043 (17) of this Ordinance shall be provided.
6. All signing and information or visual communications devices shall be in
compliance with Appendix C of the City Code.
e) Public, educational and religious buildings, public or semi-public recreational buildings
and neighborhood or community centers limited to nursery, elementary, junior high and senior high
schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues
provided that:
1. Side yard setbacks shall not be less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 1007.044
ofthis Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
0 Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
6-29
14) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed in the R-4 District by administrative permit, as may be approved by the
Zoning Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis
Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
15) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R-4 District and governed by § 1007.017 ofthis Ordinance.
a) None.
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1007.086 R-6, MANUFACTURED HOME PARK DISTRICT.
1) Purpose. This district is intended to provide opportunities whereby manufactured housing
may be located on a leased or rented site in a planned community. This district is intended to
provide opportunities for almost all types of manufactured homes including those which may not be
able to meet the design standards established in other residential districts. All manufactured home
parks are required to conform to the provisions of this section and other appropriate sections of this
Ordinance. Land to be zoned R-6 and any new manufactured home park shall be served with public
sanitary sewer and water; and the density of the park shall be consistent with the land use category
according to the Comprehensive Plan.
2) Lot and Yard Requirements.
a) Minimum Park Size. Five (5) acres.
b) Minimum Lot or Site Size. Six thousand (6,000) square feet per unit exclusive of
roadways, walkways or other property used for park purposes.
c) Minimum Lot or Site Width. Sixty (60) feet measured at right andes to its side lines.
d) Setbacks. (The greater of the following:)
1. From Public Streets.
a. Local Street. Thirty (30) feet.
b. Collector Street. Forty (40) feet.
2. Front Yard.
a. Private Park Street. Twenty (20) feet.
b. Common Park Walk. Ten (10) feet.
3. Rear Yard. Ten (10) feet.
4. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may be reduced to
zero, if it is part of an overall park plan to maximize private yard space for each unit. This zero side
yard setback allowance will only be permitted ifthe distance to the manufactured home that shares
that side lot line is at least thirty (30) feet in distance.
5. There shall not be less than twenty (20) feet of space between manufactured homes
in all directions.
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6. From Low Density Residential. Principal buildings shall be a minimum ofthirty-five
35) feet from any land guided for low density residential.
e) Buffer. Where a side or rear lot line abuts land guided for low density residential, a
collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance
with §1007.043 (17).
3) Park Requirements.
a) Skirt. All manufactured homes shall have skirts around the entire unit made of metal,
plastic, fiberglass or comparable, non-combustible material approved by the Building Official and
shall be finished to be harmonious with the manufactured home so that it will enhance the general
appearance thereof.
b) Parking. The parking ofmore than one (1) manufactured home on any single lot shall
not be permitted.
c) Fire Protection. Fire protection shall be in accordance with Minnesota Health
Department Rule 187 Fire Protection Regulations. Each occupied manufactured home shall be
equipped with a Fire Marshal approved type extinguisher in usable condition. The occupant of a
manufactured home shall be responsible for providing such extinguisher.
d) Support and Tie Down Systems. The Minnesota Department of Administration
Building Code Division Rules for Manufactured Home Support and Tie Down Systems, authorized
by Minnesota Statutes Section 327.31 to 327.34, are hereby adopted by reference and made a part of
this Ordinance as if fully set forth herein. All new and relocated manufactured homes shall be
equipped with an anchoring and support system as defined and approved by state rules.
e) Construction Material Storage. All construction materials not currently in use for
construction shall be stored indoors, or totally screened from the eye level view from public streets
and adjacent properties.
f) Drainage. Every manufactured home park shall be located on a well drained area and
the premises shall be properly graded so as to prevent the accumulation of storm or other waters.
g) Common Walks. Where deemed necessary, common walks shall be provided. Such
walks shall be a minimum width of three (3) feet.
h) Individual Walks. All manufactured homes shall be connected to common walks, to
paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual
walks shall have a minimum width of two (2) feet.
i) Patio. A patio may be constructed on the ground beside each manufactured home
parking space; this patio shall be not greater than one hundred fifty (150) square feet in area and
constructed of concrete with a minimum thickness of four (4) inches or approved equal.
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j) Shade Tree. At least one (1) shade tree (minimum diameter two (2) inches at time of
planting) shall be placed and maintained on each site or lot.
k) Landscaping. Except for the areas used for the manufactured home, patio, walkways
and off-street parking space, the entire site or lot shall be sodded, seeded or adequately landscaped.
1) Street Access. Each unit shall abut on and have access to a street. This street shall be
constructed according to standards approved by the City.
m) Curbing. A concrete curb and gutter shall be constructed on each side of the street and
the face of its curb shall be at least fifteen (15) feet from the centerline of said street; the design shall
be of a type approved by the City.
n) Speed Limit. Speed limit signs shall be clearly posted throughout the manufactured
home park. Ten (10) miles per hour shall be the maximum speed posted.
o) Parking.
1. Each manufactured home site shall have off-street parking space paved with concrete
and/or bituminous for two (2) automobiles.
2. Each manufactured home park shall maintain a hard surfaced off-street parking lot
for guests of occupants of at least one (1) space for each five (5) manufactured home lots.
3. Access drives off roads to all parking spaces and manufactured home lots shall be
surfaced with concrete or bituminous according to specifications established by the City.
4. There shall be a separate area of storage provided for boats, boat trailers, travel
trailers, etc. The area shall be located away from any public road and shall be fenced and screened
from view of public road and adjacent properties.
p) Utilities.
1. All manufactured homes shall be served by a central water and sanitary sewer
system.
2. All utilities shall be underground. There shall be no overhead wires or supporting
poles except those essential for street or other lighting purposes.
3. Access in the skirting shall be provided to allow the inspection of plumbing,
electrical facilities and related manufactured home equipment.
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4. Water facilities, sewage disposal and street lighting shall be installed and maintained
by the owner ofthe manufactured home park and shall meet all appropriate standards established by
the City.
q) Street Lighting. The park shall have a street lighting plan approved by the City.
r) Accessory Buildings. Any accessory building for outside storage ofequipment or refuse
shall be constructed ofweather resistant material and be finished in a manner conforming with the
appearance of the principal dwelling and shall be consistent in appearance with the other accessory
buildings in the manufactured home park.
s) Community Building. All manufactured home parks may have a central community
building with laundry drying areas and washing machines.
t) Emergency Storm Protections. Manufactured home parks established prior to 1 July
1993 shall comply with emergency room protections as required by Minnesota Statutes. A new
manufactured home park established after 1 July 1993 shall have storm shelters in compliance with
Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the
approval of the City Council.
u) Recreational Space. All manufactured home parks shall have at least ten (10) percent
of the land area developed for recreational use (sport courts, children's play equipment, swimming
pool, golf green, etc.) developed and maintained at the owner's expense.
v) Refuse Handling. The handling of refuse shall be in compliance with the applicable
provisions of § 1007.043 (5) ofthis Ordinance. The refuse handling shall be allowed provided such
equipment is screened from adjacent uses, and all public and private street rights-of-way.
4) Permitted Uses. In the R-6 District, unless otherwise provided in this Ordinance, no
building or land shall be used and no building shall be erected or structurally altered except for one
or more of the following uses:
a) Community/recreation buildings.
b) Manufactured homes.
c) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this
Ordinance.
d) Community Gardens operated by the city.
e) Day care facilities serving fourteen (14) or fewer persons.
f) State licensed residential care facility serving six (6) or fewer persons.
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5) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R-6 District:
a) Accessory buildings, including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
b) Civil defense buildings/storm shelters.
c) Community laundry facilities, park office, recreational building(s) provided such
structures are of a permanent nature and comply with the provisions of the State Building Code.
d) Fences per § 1007.043 (18) of this Ordinance.
e) 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 as regulated by
1007.054 of this Ordinance.
f) Signs as regulated by Chapter 1010 of the City Code.
g) Swimming pools, sport courts, and other recreational facilities which are operated for
the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This
does not include racing/riding courses for off-road vehicles.
6) Conditional Uses. The following are conditional uses in the R-6 District: These uses
require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this
Ordinance.
a) Day care facilities serving more than fourteen (14) persons provided that:
1. Day care facility has access to municipal sewer and water.
2. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
7) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed in the R-6 District by administrative permit, as may be approved by the
Zoning Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of
this Ordinance.
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b) Transient Merchants.
8) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim
uses in the R-6 District and governed by § 1007.017 of this Ordinance.
a) None.
9) Review andApproval Procedures. No person shall establish, develop, extend or enlarge a
manufactured home park within the City of Lino Lakes without first obtaining approval from the
City Council with review by the Planning and Zoning Board. Approval shall be granted only upon
compliance with all of the following:
a) Planning and Zoning BoardReview. The Planning and Zoning Board shall review all
applications for manufactured home parks and shall hold public hearings as deemed necessary or
proper. The findings and recommendations of the Planning and Zoning Board shall be forwarded to
the City Council for action.
b) Approval or Denial. The City Council shall consider and act on the application.
Approval shall be granted only upon compliance with all of the procedures and requirements
established in this ordinance.
c) Submission Requirements. Submission for manufactured home park approval shall
include the following:
1. All submittal requirements for a zoning amendment and/or conditional use permit, as
appropriate, required by §1007.015 through §1007.024 as amended. Ifthe site is to be subdivided,
the submittal also must comply with the requirements of Chapter 1001 of the City Code.
2. Proof ofAgency Review. The applicant shall provide proof that the plans submitted
have been approved by the State of Minnesota Department of Health, and have satisfied all other
federal, state, county, city and watershed district laws and regulations.
d) Access. It shall be the duty of the park owner to give the Building Inspector free access
to all lots at reasonable times for the purposes of inspection.
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BUSINESS DISTRICTS
1007.110 NB, NEIGHBORHOOD BUSINESS DISTRICT.
1) Purpose. The purpose of the NB, Neighborhood Business District is to provide for the
establishment of local businesses for convenience, limited office, retail or service outlets which
deal directly with the daily requirements of the immediate neighborhood and which are located
along a collector or arterial roadway. These businesses are not intended to draw customers from
the entire community. No new land shall be zoned NB, Neighborhood Business unless the site
or area lies within the City's MUSA and sanitary sewer and municipal water are available.
2) Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lot. Eleven thousand two hundred fifty (11,250) square feet.
2. Unsewered Lot. Ten (10) acres, in accordance with applicable provisions of
1007.041 of this Ordinance.
b) Minimum Lot Width.
1. Sewered Lot -Interior. Seventy-five (75) feet.
2. Sewered Lot -Corner. One hundred (100) feet.
3. Unsewered Lot. One hundred fifty (150) feet.
c) Setbacks. (The greater of the following:)
1. From Streets.
a. Principal Building - Local Street. Thirty (30) feet.
b. Principal Building - Collector or Arterial Street. Forty (40) feet.
c. Parking Lot. Fifteen (15) feet.
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2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot/Driveway: Ten (10) feet.
3. Side Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot Driveway: Ten (10) feet.
4. From Residential District. Thirty-five (35) feet.
5. Between Principal Buildings. Not less than one-half (1/2) the sum of the
building heights of the two (2) buildings.
3) Height Regulations. No building in the NB District shall be erected or structurally
altered to exceed thirty-five (35) feet in height.
4) Impervious Surface Coverage. In no event shall off-street parking space, structures of
any type, buildings, or other features cover more than sixty-five (65) percent of the lot area
resulting in less than thirty-five (35) percent pervious
landscaped area.
5) Building Requirements. All newly constructed commercial buildings shall meet the
exterior building standards of § 1007.043 (2)(d) of this Ordinance.
6) Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no
building or land shall hereafter be erected, or structurally altered except for one or more of the
following uses.
a) Adult use — accessory.
b) Governmental or public regulated utilities, buildings, or structures necessary for the
health, safety, and general welfare of the City.
c) Office business — clinic.
d) Office business — general.
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e) Personal services (subject to any licensing requirements of City Code, County or
State).
f) Restaurant without drive-through service facilities and without outdoor dining or
seating.
g) Retail business without drive-through service facilities.
h) Service business — on-site without drive-through service facilities.
i) Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt
liquor (beer) only.
j) Community Gardens operated by the city.
7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the NB District:
a) Accessory buildings and structures as regulated by § 1007.043 (4)(i) of this
Ordinance.
b) Fences, as regulated by § 1007.043 (18) of this Ordinance.
c) Off-street loading as regulated by § 1007.045 of this Ordinance.
d) Off-street parking as regulated by § 1007.044 of this Ordinance.
e) Outside services, sales, and equipment rental accessory to the principal use and
limited in area to twenty-five (25) percent of the gross floor area of the principal building.
f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.053 of this Ordinance.
g)
City Code.
Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the
h) Home Occupation Level A as regulated by § 1007.047 of this Ordinance.
8) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are
conditional uses in the NB District: These uses require a conditional use permit based on the
criteria and procedures outlined in § 1007.016 of this Ordinance.
a) Commercial day care facilities provided that:
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1. All requirements of the Minnesota Department of Health and Human Services, as
may be amended, are satisfactorily met and the structure and operation is licensed accordingly.
2. Screening is provided along all shared property lines. Such required fencing and
screening shall be in compliance with the applicable provisions of § 1007.043 (17) of this
Ordinance.
3. Adequate off-street parking is provided in a location separated from any outdoor
play area(s).
b) Planned unit development — commercial including shopping centers as regulated by
1007.024 of this Ordinance.
c) Specialty schools such as music, dance or business schools provided that:
1. Provisions are made to buffer and screen any adjoining residential uses.
2. The site is served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of
this Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of §1007.054 are met. This
administrative permit may be incorporated into another approval such as but not limited to a site
plan, planned unit development, or building permit.
d) Transient Merchants.
10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the NB District and are governed by § 1007.017 of this Ordinance:
a) None.
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1007.111 LB, LIMITED BUSINESS DISTRICT.
1) Purpose. There may be some areas which are suitable only for commercial uses of a
limited (less intense) nature. This may be due to the close proximity of residential uses. This
may include high quality commercial areas such as an `office park" development. Also, the LB
District can be used as a transitional district or buffer between non -compatible uses such as
intense commercial (GB) and residential uses. No new land shall be zoned LB, Limited
Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal
water is available.
2) Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lots. Fifteen thousand (15,000) square feet.
2. Unsewered Lots. Ten (10) acres in accordance with applicable provisions of
1007.041 of this Ordinance.
b) Minimum Lot Width.
1. Sewered Lots. One hundred (100) feet.
2. Unsewered Lots. One hundred fifty (150) feet.
c) Setbacks. (The greater of the following:)
1. From Streets.
a. Principal Building - Local Street. Thirty (30) feet.
b. Principal Building - Collector or Arterial Street. Forty (40) feet.
c. Parking Lot. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot. Ten (10) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
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b. Accessory Building. Ten (1 0) feet.
c. Parking Lot/Driveway. Ten (10) feet.
4. From Residential District. Thirty-five (35) feet.
5. Between Principal Buildings. Not less than one-half (1/2) the sum of the
building heights of the two (2) buildings.
3) Height Regulations. No building in the LB District shall exceed a height of three (3)
stories or thirty-six (36) feet, whichever is higher.
4) Impervious Surface Coverage. In no event shall off-street parking space, structures of
any type, buildings, or other features cover more than sixty-five (65) percent of the lot area
resulting in less than thirty-five (35) percent pervious landscaped area.
5) Building Requirements. All newly constructed buildings shall meet the exterior
building standards of §1007.043 (2)(d) of this Ordinance.
6) Permitted Uses. In the LB District, no building or land shall be used, and no building
shall be erected, converted or structurally altered unless otherwise provided herein, except for
one or more of the following uses.
a) Adult use — accessory.
b) Governmental or public regulated utilities, buildings, or structures necessary for the
health, safety, and general welfare of the City.
c)
d)
e)
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State).
g)
Liquor sales — on and off sale.
Office business — clinic.
Office business — general.
Personal services (subject to any licensing requirements of City Code, County or
Residential extended care facilities such as nursing homes.
h) Restaurants and Brew Pubs without drive-through service facilities and without
outdoor dining or seating.
i) Retail business.
j) Service business — off-site.
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k) Service business — on-site, without drive-through facilities.
1) Community Gardens operated by the city.
7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the LB District:
a) Accessory buildings and structures as regulated by §1007.043 (4)(i) of this
Ordinance.
b) Fences, as regulated by § 1007.043 (18) of this Ordinance.
c) Off-street loading as regulated by § 1007.045 of this Ordinance.
d) Off-street parking as regulated by § 1007.044 of this Ordinance.
e) Outside services, sales, and equipment rental accessory to the principal use and
limited in area to twenty-five (25) percent of the gross floor area of the principal building.
f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.053 of this Ordinance.
g)
City Code.
Signs, as regulated by the city sign ordinance, Ord. No. 12-97. as amended. of the
h) Home Occupation Level A as regulated by § 1007.047 of this Ordinance.
8) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are
conditional uses in the LB District: These uses require a conditional use permit based on the
criteria and procedures outlined in §1007.016 of this Ordinance.
a) Accessory drive-through facilities provided that:
1. Not less than one hundred twenty (120) feet of segregated automobile stacking
must be provided for the single service lane. Where multiple service lanes are provided, the
minimum automobile stacking may be reduced to sixty (60) feet per lane.
2. The stacking lane and its access must be designed to control traffic in a manner
to protect the buildings and will not interfere with on-site traffic circulation or access to the
required parking space.
3. No part of the public street or boulevard may be used for stacking of
automobiles.
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4. The stacking lane, order board intercom, and window placement shall be
designed and located in such a manner as to minimize glare to adjacent premises, particularly
residential premises, and to maximize maneuverability of vehicles on the site.
5. The drive-through window and its stacking lanes shall be screened from view of
adjoining residential zoning districts and public street rights-of-way.
6. A lighting and photometric plan will be required that illustrates the drive-through
service lane lighting and shall comply with § 1007.043 (6) of this Ordinance.
b) Commercial day care facilities provided that:
1. All requirements of the Minnesota Department of Health and Human Services, as
may be amended, are satisfactorily met and the structure and operation is licensed accordingly.
2. Screening is provided along all shared property lines. Such required fencing and
screening shall be in compliance with the applicable provisions of §1007.043 (17) of this
Ordinance.
3. Adequate off-street parking is provided in a location separated from any outdoor
play area(s).
4. Adequate off-street loading spaces in compliance with § 1007.045 of this
Ordinance.
c) Motor fuel stations provided that:
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
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.
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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 (14) feet of clearance to accommodate a semi -trailer truck passing underneath.
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
ground 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.
gas pumps.
standards:
g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the
4. Pump Islands. Pump islands shall comp]} with the following performance
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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 subject to approval of the City Engineer. Drainage
from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for
the oil/grit 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 (800) gallons.
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.
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.
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7. Exterior Lighting. 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
property 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
of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate
turning radius, using appropriate engineering templates.
9. Parking.
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 long as they do not interrupt on-site
traffic circulation, and are not located in a yard abutting residentially zoned property.
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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 pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds that the general
welfare and public betterment can be served as well or better by modifying or expanding the
conditions set forth herein.
d) Planned unit development — commercial including shopping centers as regulated by
1007.024 of this Ordinance.
e) Private lodges and clubs provided that:
1. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in § 1007.043 (17) of this Ordinance
2. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance
3. Parking is screened and landscaped in compliance with requirements for business
or industrial uses in § 1007.043 (17) of this Ordinance.
4. Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1007.045 of this Ordinance.
0 Public, Educational, and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; limited to nursery, elementary, junior high
and senior high schools; and religious institutions such as churches, chapels, temples, mosque,
and synagogues provided that:
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1. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in §1007.043 (17) of this Ordinance.
2. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance
3. Parking is screened and landscaped in compliance with requirements for business
or industrial uses in § 1007.043 (17) of this Ordinance.
4. Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1007.045 of this Ordinance.
g) Specialty schools such as music, dance or business schools provided that:
1. Provisions are made to buffer and screen any adjoining residential uses.
2. The site is served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
h) Residential apartments accessory to permitted or conditional uses in the LB District
provided that:
1. The apartment is located in the same building as the principal use.
2. Residential and non-residential use are not contained on the same floor.
3. The residential and non-residential uses do not conflict in any manner.
9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of
this Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of §1007.054 are met. This
administrative permit may be incorporated into another approval such as but not limited to a site
plan, planned unit development, or building permit.
d) Transient Merchants.
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i (10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the LB District and are governed by §1007.017 of this Ordinance:
a) None.
L.,
1007.112 GB, GENERAL BUSINESS DISTRICT.
1) Purpose. There are areas containing a wide variety of business uses including retail,
service, and semi -industrial uses. As such, they may contain businesses which tend to serve
other business and industry as well as those catering to shoppers' needs. No new land shall be
zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary
sewer and municipal water is available.
2) Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lot. Twenty thousand (20,000) square feet.
2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of
1007.041 of this Ordinance.
b) Minimum Lot Width. One hundred (100) feet.
c) Setbacks, (The greater of the following:)
1. From Streets.
a. Principal Building - Local Street. Thirty (30) feet.
b. Principal Building - Collector or Arterial Street. Forty (40) feet.
c. Parking Lot/Driveway. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Five (5) feet.
c. Parking Lot. Ten (10) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot . Ten (10) feet.
4. From Residential District. Thirty-five (35) feet.
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5. Between Principal Buildings. Not less than one-half (1/2) the sum of the
building heights of the two (2) buildings.
3) Height Regulations. No building in the GB District shall be erected or structurally
altered to exceed forty-five (45) feet in height.
4) Impervious Surface Coverage. In no event shall off-street parking space, structures of
any type, buildings, or other features cover more than seventy-five (75) percent of the lot area
resulting in less than twenty-five (25) percent pervious landscaped area.
5) Building Requirements. All newly constructed buildings shall meet the exterior
building standards of § 1007.043 (2)(d) of this Ordinance.
6) Permitted Uses. In the GB District, no building or land shall be used, and no building
shall be erected, converted or structurally altered unless otherwise provided herein, except for
one or more of the following uses.
a) Adult use — principal and accessory.
b) Governmental and public regulated utilities, buildings, and structures necessary for
the health, safety, and general welfare of the City.
c) Commercial greenhouses and nurseries.
d) Hospitality business.
e) Liquor sales, on and off sale.
f) Office business — clinical.
g) Office business — general.
h) Personal Services. (Added per Ord 21-03)
i) 9 Recreational business contained entirely within the principal building.
j) Restaurants and Brew Pubs with or without drive-through facilities, without outdoor
dining or seating.
k) Retail business.
1) Service business — off-site.
m) Service business — on-site.
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n) Specialty schools such as music, dance, gymnastics, or business/trade schools.
o) Theaters.
p) Community Gardens operated by the city.
7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the GB District:
a) Accessory buildings and structures as regulated by §1007.043 (4)(i) of this
Ordinance.
b) Drive-through service facilities:
1. Not less than one hundred twenty (120) feet of segregated automobile stacking
must be provided for the single service lane. Where multiple service lanes are provided, the
minimum automobile stacking may be reduced to sixty (60) feet per lane.
2. The stacking lane and its access must be designed to control traffic in a manner
to protect the buildings and will not interfere with on-site traffic circulation or access to the
required parking space.
3. No part of the public street or boulevard mai be used for stacking of
automobiles.
4. The stacking lane, order board intercom, and window placement shall be
designed and located in such a manner as to minimize glare to adjacent premises, particularly
residential premises, and to maximize maneuverability of vehicles on the site.
5. The drive-through window and its stacking lanes shall be screened from view of
adjoining residential zoning districts and public street rights-of-way.
6. A lighting and photometric plan will be required that illustrates the drive-through
service lane lighting and shall comply with § 1007.043 (6) of this Ordinance.
c) Fences, as regulated by § 1007.043 (18) ofthis Ordinance.
d) Off-street loading as regulated by § 1007.045 of this Ordinance.
e) Off-street parking as regulated by § 1007.044 of this Ordinance.
f) Outside services, sales, and equipment rental accessory to the principal use and
limited in area to twenty-five (25) percent ofthe gross floor area of the principal building.
g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
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electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.053 of this Ordinance.
h) Signs, as regulated by the city sign ordinance. Ord. No. 12-97, as amended. of the
City Code.
i) Home Occupation Level A as regulated by § 1007.047 of this Ordinance.
8) Conditional Uses. Subject to applicable provisions of the Ordinance, the following are
conditional uses in the GB District: These uses require a conditional use permit based upon the
criteria and procedures outlined in § 1007.016 of this Ordinance.
a) Automobile and truck repair (including body shops) provided that:
1. The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment in property values or
constitute a blighting influence.
2. The entire area other than occupied by buildings or structures or planting shall be
surfaced with bituminous or concrete which will control dust and drainage. The entire area shall
have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the
City Engineer.
3. All buildings shall provide an interior location for trash handling or an enclosed
trash receptacle area in conformance with the following:
a. Exterior wall treatment shall be similar and/or complement the principal
building.
b. The enclosed trash receptacle area shall be located in the rear or in a side
yard which is not abutting a street.
vehicles.
c. The trash enclosure must be in an accessible location for pick up hauling
d. The trash enclosure must be fully screened from view of adjacent properties.
4. All painting must be conducted in an approved paint booth. All paint booths and
all other activities of the operation shall thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance with the State of Minnesota Pollution
Control Standards, Minnesota Regulation APC 1-15, as amended.
5. The emission of odor by a use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended.
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6. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota Uniform Fire Code.
7. All outside storage shall be prohibited except the storage of customer vehicles
waiting for repair.
8. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served by modifying the conditions.
b) Bus garage provided that:
1. When abutting a residential use or residential district, the property shall be
screened and landscaped in accordance with § 1007.043 (17) of this Ordinance.
2. The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing buildings or areas as to cause impairment in property values
or constitute a blighting influence.
3. The entire area other than occupied by the building or planting shall be surfaced
with blacktop or concrete which will control dust and drainage which is subject to the approval
of the City Engineer.
4. The entire area shall have a drainage system which is subject to the approval of
the City Engineer.
5. Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movement and shall be subject to the approval of the City Engineer.
6. Provisions are made to control and reduce noise.
7. An internal site pedestrian circulation system shall be defined and appropriate
provisions made to protect such areas from encroachments by parked cars or moving vehicles.
8. Motor fuel activities associated with the bus service shall be installed in
accordance with State and City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks
are to be positioned to allow adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
c) Commercial car washes (drive-through, mechanical and self-service) provided that:
1. The site is serviced by municipal sanitary sewer.
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2. The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing buildings or areas as to cause impairment in property values
or constitute a blighting influence.
3. Magazining or stacking space is constructed to accommodate that number of
vehicles which can be washed during a maximum thirty (30) minute period and shall be subject
to the approval of the City Engineer.
4. At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with § 1007.043 (17) of this Ordinance.
5. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with § 1007.043 (17) of this Ordinance.
6. The entire area other than occupied by the building or plantings shall be surfaced
with material which will control dust and drainage which is subject to the approval of the City
Engineer.
7. The entire area shall have a drainage system which is subject to the approval of
the City.
8. All lighting shall be hooded and so directed that the light source is not visible
from the public right-of-way or from an abutting residence and shall be in compliance with
1007.043 (6) of this Ordinance.
9. Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movement and shall be subject to the approval of the City Engineer.
10. Provisions are made to control and reduce noise.
d) Commercial day care facilities provided that:
1. All requirements of the Minnesota Department of Health and Human Services, as
may be amended, are satisfactorily met and the structure and operation is licensed accordingly.
2. Screening is provided along all shared property lines. Such required fencing and
screening shall be in compliance with the applicable provisions of § 1007.043 (19) of this
Ordinance.
3. Adequate off-street parking is provided in a location separated from any outdoor
play area(s).
4. Adequate off-street loading spaces in compliance with §1007.045 of this
Ordinance.
e) Contractor shops and offices provided that:
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1. All outside storage is prohibited. The storage of contractor equipment and
materials must be completely inside.
2. When abutting a residential land use, a buffer area with screening and
landscaping in compliance with §1007.043 (17) of this Ordinance is provided.
f) Hospitals provided that:
1. Side yards are double the minimum requirements established for this district and
are screened in compliance with § 1007.043 (17) of this Ordinance.
2. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
3. All State Statutes and regulations governing such use are strictly adhered to and
all required operating permits are secured.
4. Adequate off-street loading space is provided in compliance with §1007.045 of
this Ordinance.
g) Motor fuel stations provided that:
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
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.
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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 (14) feet of clearance to accommodate a semi -trailer truck passing underneath.
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 or 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
ground 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.
gas pumps.
standards:
the site.
g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the
4. Pump Islands. Pump islands shall comply with the following performance
a. Pump islands shall be elevated six (6) inches above the traveled surface of
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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 subject to approval of the City Engineer. Drainage
from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for
the oil/grit 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 (800) gallons.
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.
6. Landscaping.
a. At least twenty-five (25) 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 Lighting. 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
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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 shall only be permitted under the canopy
structure, and 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 (.4)
foot candle at ground level when measured at any boundary line with an adjoining residential
property 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
of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate
turning radius, using appropriate engineering templates.
9. Parking.
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 (17) 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 long as 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.
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Large, bulk sale propane tanks must meet all applicable building and fire
code requirements.
c. A compressed air service area be located on site as long as it does not
interrupt on-site traffic circulation.
d. Accessory outdoor services, sales, or rental as regulated by §1007.112 (7)(f)
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 pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds that the general
welfare and public betterment can be served as well or better by modifying or expanding the
conditions set forth herein.
h) Outdoor recreation facilities provided that:
1. The facilities are an accessory use to a principal use allowed within the GB
District.
2. The facilities meet the principal building setbacks.
3. The facilities shall maintain a fifty (50) foot setback from residential districts.
4. The facilities shall be screened from adjoining properties or public rights-of-way.
5. The City may set limits on the hours of operation to avoid nuisance issues.
i) Motor Vehicle Sales Lot provided that:
1. Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting residential district in compliance with § 1007.043 (17) of this Ordinance.
2. Outside services and sales are associated with a principal building of at least one
thousand (1,000) square feet of floor area.
3. The entire sales lot and off-street parking area is paved.
4. Parking for customers and employees must be provided in compliance with
1007.044 (6)(x).
5. For automobile sales activities, a minimum of three hundred eighty (380) square
feet of sales area per vehicle is provided exclusive of required parking areas. Minimum sales
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area for all other motor vehicles will be determined by the City Council during the review of the
conditional use permit.
6. A perimeter curb is provided around the sales/parking lot.
7. All lighting shall be hooded and so directed that the light source is not visible
from the public right-of-way or from an abutting residence and shall be in compliance with
1007.043 (6) of this Ordinance.
8. Vehicles for sale shall be displayed in an orderly manner.
j) Planned unit development — commercial including shopping centers regulated by
1007.024 ofthis Ordinance.
k) Private lodges and clubs provided that:
1. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in § 1007.043 (17) of this Ordinance
2. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance
3. Parking is screened and landscaped in compliance with requirements for business
or industrial uses in § 1007.043 (17) of this Ordinance.
4. Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1007.045 of this Ordinance.
1) Public, Educational, and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; limited to nursery, elementary, junior high
and senior high schools; and religious institutions such as churches, chapels, temples, mosque,
and synagogues provided that:
1. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in § 1007.043 (17) of this Ordinance.
2. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance
3. Parking is screened and landscaped in compliance with requirements for business
or industrial uses in §1007.043 (17) of this Ordinance.
4. Adequate off-street loading and service entrances are provided and regulated
where applicable by §1007.045 of this Ordinance.
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m) Small engine and boat repair provided that:
1. 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.
2. At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with § 1007.043 (17) of this Ordinance.
3. Vehicular access points shall create a minimum of conflict with through traffic
movement and shall comply with §1007.044 of this Ordinance and shall be subject to the
approval of the City Engineer.
4. Provisions are made to control and reduce noise.
5. No outside storage, repair or sales except in compliance with §1007.112 (7)(f)
or §1007.112 (8)(i) of this Ordinance shall be allowed.
6. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying the conditions.
n) Veterinary Hospitals provided that: "Th
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on-site
garbage facilities or incineration and the carcasses are properly refrigerated during periods prior
to disposal.
3. An indoor animal kennel is permitted as a use accessory to the veterinary
hospital provided that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area shall be provided to accommodate the periodic
exercising of animals boarded at the kennel. No outdoor exercising of animals shall be
permitted.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of completely exchanging internal
air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75
degrees Fahrenheit.
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d. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made of non -porous materials
or sealed concrete to make it non -porous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
4. The appropriate license is obtained from the City and the conditions of Chapter
503 relating to the keeping of animals are satisfactorily met.
5. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of
this Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of §1007.055 are met. This
administrative permit may be incorporated into another approval such as but not limited to a site
plan, planned unit development, or building permit.
d) Open Air Markets.
e) Transient Merchants.
10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the GB District and are governed by § 1007.017 of this Ordinance:
a) None.
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1007.113 CB, CENTRAL BUSINESS DISTRICT AND SC, SHOPPING CENTER
DISTRICT
1) Land formerly within a CB, Central Business District or SC, Shopping Center
District is hereby zoned GB, General Business District. (as amended per Ord. No. 04-05)
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L
1007.114 SC, SHOPPING CENTER DISTRICT/PDO, PLANNED DEVELOPMENT
OVERLAY
1) Land formerly within a SC, Shopping Center District that has been rezoned to
PDO, Planned Development Overlay prior to adoption of this ordinance shall be subject to the
provisions of the PDO ordinance. Where provisions are not specified within the PDO ordinance
the property shall be governed by the requirements of the GB, General Business District. (as
amendedper ord. No. 04-05)
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INDUSTRIAL DISTRICTS
1007.120 LI, LIGHT INDUSTRIAL DISTRICT.
1) Purpose. These areas are intended to attract and encourage new light industrial, high-
tech business and professional services. These areas have the prerequisites for industrial
development, but because of proximity to residential areas or the need to protect certain areas or
uses from adverse influences, high development standards will be necessary. LI uses include
service industries and industries which manufacture, fabricate, assemble or store, where the
process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other
objectionable influences. Generally, these include wholesale, service and light industries which
are dependent upon raw materials refined elsewhere. No new land shall be zoned LI, Light
Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal
water is available.
2) Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lot. One (1) acre.
2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of
1007.041 of this Ordinance.
feet.
b) Minimum Lot Width. One hundred (100) feet.
c) Setbacks. (The greater of the following:)
1. From Streets.
a. Principal and Accessory Building - Local Street. Thirty (30) feet.
b. Principal and Accessory Building - Collector or Arterial Street. Fifty (50)
c. Parking Lot. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Fifteen (15) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot. Five (5) feet.
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3. Side Yard
a. Principal Building. Ten (10) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot. Five (5) feet.
4. From property guided by the comprehensive plan for residential development.
Seventy-five (75) feet.
3) Buffer. Where a side or rear lot line in an LI District coincides with an adjacent public
road right-of-way or property guided by the comprehensive plan for residential or commercial
development, a landscape buffer area shall be provided along such side or rear lot line not less
than forty (40) feet in depth and shall contain landscaping, planting, berming or other effective
screening suitable to provide an effective screen in compliance with §1007.043 (17)(f) of this
Ordinance.
4) Maximum Building Height. Forty-five (45) feet in height, except as allowed by
1007.043 (3).
5) Maximum Impervious Surface Coverage. Seventy-five (75) percent ofthe lot area.
6) Building Requirements. All newly constructed industrial buildings shall meet the
exterior building standards of § 1007.043 (2)(d) of this Ordinance.
7) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are
permitted uses in the LI District.
a) Beverage production and bottling, including public tours of the facilities and gift
shops containing merchandise directly related to the facility.
b) Building material sales.
c) Carpet and rug cleaning.
d) Community gardens operated by the city.
e) Construction -related businesses, including shops and offices for plumbing, heating,
glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping,
excavating, general contracting and similar uses, including contractor storage of equipment and
building materials if enclosed within a building, but not storage yards.
f) Feed and seed sales.
g) Greenhouses, nurseries.
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h) Laundry, dry cleaning or dying plant.
i) Manufacturing or assembly of a wide variety of products that produces no exterior
noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable
impact on the environment, including the generation of large volumes of traffic.
j) Mass transit terminals.
k) Office business—clinic and general.
1) Radio and television stations.
m) Recreational business contained entirely within the principal building.
n) Research laboratories
o) Trade or Business schools.
p) Warehousing and distribution facilities, but not including truck freight trucking
terminal or mini self -storage facilities per § 1007.001 (2) of this Ordinance.
q) Wholesale businesses/showrooms.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the LI District:
a) Accessory buildings and structures as regulated by § 1007.043 (4)(j) of this
Ordinance.
b) Accessory indoor retail, rental or service activities other than that allowed as a
permitted or conditional use within the Light Industrial zoning district, provided such use is
related and accessory to a principle use allowed within the Light Industrial zoning district.
c) Fences as regulated by § 1007.043 (18) of this Ordinance.
d) Off-street loading as regulated by § 1007.045 of this Ordinance.
e) Off-street parking as regulated by § 1007.044 of this Ordinance.
f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.053 of this Ordinance.
g) Signs as regulated by Chapter 1010 of the City Code.
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h) Brewer taprooms accessory to a malt liquor beverage production and bottling
facility.
i) Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota
Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production
and bottling facility.
9) Conditional Uses. Subject to applicable provisions of this Ordinance, the following
are conditional uses in the LI District. These uses require a conditional use permit based on
criteria and procedures outlined in § 1007.016 of this Ordinance.
a) Automobile and truck repair provided that:
1. All painting must be conducted in an approved paint booth per § 1007.043 (8).
2. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota Uniform Fire Code.
3. All outside storage shall be prohibited except the storage of customer vehicles
waiting for repair.
b) Commercial and Public Radio and Television Transmitting Antennas, and Public
Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred
200) feet in height as regulated by § 1007.053 of this Ordinance.
c) Commercial Kennels, provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Cages, enclosures and housing facilities shall be at least five hundred (500) feet
from any residential property line.
3. An enclosed indoor or exterior exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be
enclosed by an eight (8) foot high solid fence.
4. All animals shall be housed indoors for overnight boarding.
d) Mini self -storage facilities provided that:
1. No single building shall be greater than one hundred fifty (150) feet in length.
2. If an "on -premises" caretaker dwelling unit is provided on site, construction of
said dwelling unit shall conform to all design standard regulations for multiple family dwelling
units of the Minnesota State Building Code.
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3. No retailing, wholesaling, manufacturing, repair, or other such activity other than
storage is to occur within the mini self -storage facility.
e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that:
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.
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.
3. The entire storage area is fenced and secured in an appropriate manner.
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.
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.
6. The property shall not abut I -35W or I -35E.
7. The ratio of storage area to building footprint shall not exceed 2.5:1.
8. All parking, loading and truck staging activities shall occur on site. On -street
parking and loading associated with the use is prohibited.
9. Storage shall not include material considered hazardous under Federal or State
Environmental Law.
f) Veterinary Hospitals provided that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on-site
garbage facilities or incineration and the carcasses are properly refrigerated during periods prior
to disposal.
3. An indoor animal kennel is permitted as a use accessory to the veterinary
hospital provided that:
a. The number of animals boarded shall not exceed forty (40).
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b. An enclosed indoor or exterior exercise area shall be provided to
accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas
shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal
use.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of completely exchanging internal
air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75
degrees Fahrenheit.
d. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made of non -porous materials
or sealed concrete to make it non -porous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
4. The appropriate license is obtained from the City and the conditions of Chapter
503 relating to the keeping of animals are satisfactorily met.
5. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of
this Ordinance.
b) Telecommunication towers as regulated by § 1007.053 of this Ordinance.
c) Temporary mobile towers as regulated by § 1007.053 of this Ordinance.
d) Open Air Markets.
e) Transient Merchants.
f) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of § 1007.054 are met.
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11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the LI District and are governed by §1007.017 ofthis Ordinance:
a) Temporary Batch Plants.
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8-8
1007.121 GI, GENERAL INDUSTRIAL DISTRICT.
1) Purpose. These are areas which, because of availability to thoroughfares, suitable
topography, and isolation, are appropriate for industrial uses of a more intense nature and ones
which may have certain nuisance characteristics. No new land shall be zoned GI, General
Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal
water is available.
2) District, Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lot. One (1) acre.
2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of
1007.041 of this Ordinance.
feet.
b) Minimum Lot Width. One hundred (100) feet.
c) Setbacks. (The greater of the following:)
1. From Streets.
a. Principal and Accessory Building - Local Street. Fifty (50) feet.
b. Principal and Accessory Building - Collector or Arterial Street. Fifty (50)
c. Parking Lot. Fifteen (15) feet.
2. Rear Yard.
a. Principal Building. Fifteen (15) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot. Five (5) feet.
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot. Ten (10) feet.
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1/4.,
4. From property guided by the comprehensive plan for residential development.
One hundred (100) feet.
3) Buffer. Where a side or rear lot line in a GI District coincides with an adjacent public
road right-of-way or property guided by the comprehensive plan for residential or commercial
development, a landscape buffer area shall be provided along such side or rear lot line not less
than forty (40) feet in depth and shall contain landscaping, planting, berming or other effective
screening suitable to provide an effective visual screen in compliance with § 1007.043 (17)(f) of
this Ordinance.
4) Maximum Building Height. Forty-five (45) feet, except as allowed by § 1007.043 (3).
5) Maximum Impervious Surface Coverage. Seventy-five (75) percent of the lot area.
6) Building Requirements. All newly constructed industrial buildings shall meet the
exterior building standards of § 1007.043 (2)(d) of this Ordinance.
7) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are
permitted uses, in the GI District:
a) Beverage production and bottling, including public tours of the facilities and gift
shops containing merchandise directly related to the facility.
b) Building material sales.
c) Commercial (production) bakery.
d) Community gardens operated by the city.
e) Construction -related businesses, including shops and offices for plumbing, heating,
glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping,
excavating, general contracting and similar uses, including contractor storage of equipment and
building materials if enclosed within a building, but not storage yards.
0
g)
h)
Feed and seed sales.
Greenhouses, nurseries.
Laundry, dry cleaning or dying plant.
i) Manufacturing or assembly of a wide variety of products that produces no exterior
noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable
impact on the environment, including the generation of large volumes of traffic.
j) Mass transit terminals.
k) Office business—clinic and general.
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1) Radio and television stations.
m) Warehousing and distribution facilities, but not including truck freight transfer
stations or mini self -storage facilities.
n) Wholesale businesses/showrooms.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the GI District:
a) Accessory buildings and structures as regulated by § 1007.043 (4)(j) of this
Ordinance.
b) Accessory indoor retail, rental or service activities other than that allowed as a
permitted or conditional use within the General Industrial zoning district, provided such use is
related and accessory to an allowed principal use in the district.
c) Crude oil, gasoline or other liquid storage tanks (not including bulk propane at
motor fuel stations for providing service to the general public) where related and accessory to an
allowed principal use in the district.
d) Fences as regulated by § 1007.043 (18) of this Ordinance.
e) Off-street loading as regulated by § 1007.045 ofthis Ordinance.
f) Off-street parking as regulated by § 1007.044 of this Ordinance.
g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by §1007.053 of this Ordinance.
h) Signs as regulated by Chapter 1010 of the City Code.
i) Brewer taprooms accessory to a malt liquor beverage production and bottling
facility.
j) Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota
Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production
and bottling facility.
9) Conditional Uses. Subject to applicable provisions of this Ordinance, the following
are conditional uses in the GI District. These uses require a conditional use permit based on the
criteria and procedures outlined in § 1007.016 of this Ordinance.
8-11
a) Automobile and truck repair provided that:
1. All painting must be conducted in an approved paint booth per § 1007.043 (8).
2. All flammable materials, including liquids and rags, shall conform to the
applicable provisions of the Minnesota Uniform Fire Code.
3. All outside storage shall be prohibited except the storage of customer vehicles
waiting for repair.
b) Commercial and Public Radio and Television Transmitting Antennas, and Public
Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred
200) feet in height as regulated by § 1007.054 of this Ordinance.
c) Concrete product plants, building materials production and similar uses provided
that:
1. Storage areas are landscaped, fenced and screened from view of neighboring
uses, properties guided by the comprehensive plan for residential or commercial development,
and public rights-of-way in compliance with § 1007.043 (17)(f) of this Ordinance.
d) Commercial Kennels, provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Cages, enclosures and housing facilities shall be at least five hundred (500) feet
from any residential property line.
3. An enclosed indoor or exterior exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be
enclosed by an eight (8) foot high solid fence.
4. All animals shall be housed indoors for overnight boarding.
e) Manufacture of materials, including but not limited to, rubber, corrosive acids,
petroleum and chemical products, which pose potential health and safety risks and which when
produced give off potentially noxious odors.
f) Mini self -storage facilities provided that:
1. No single building shall be greater than one hundred fifty (150) feet in length.
2. If an "on -premises" caretaker dwelling unit is provided on site, construction of
said dwelling unit shall conform to all design standard regulations for multiple family dwelling
units of the Minnesota State Building Code.
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3. No retailing, wholesaling, manufacturing, repair, or other such activity other than
storage is to occur within the mini self -storage facility.
g) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that:
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.
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.
3. The entire storage area is fenced and secured in an appropriate manner.
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.
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.
6. The property shall not abut I -35W or I -35E.
7. All parking, loading and truck staging activities shall occur on site. On -street
parking and loading associated with the use is prohibited.
8. Storage shall not include material considered hazardous under Federal or State
Environmental Law.
h) Refuse/garbage transfer stations provided that:
1. No refuse or garbage shall be stored or in any way disposed of on the site.
2. The storage of refuse or garbage in the front yard shall be prohibited.
3. The site shall be maintained free of litter and any other undesirable materials and
will be cleaned of loose debris on a daily basis.
4. One (1) off-street parking space shall be provided for each commercial vehicle
operated by the business. Parking requirements will otherwise be as mandated by the provisions
of §1007.044 of this Ordinance.
5. All in bound and out bound trucks and equipment, excluding employee's
personal vehicles, shall be restricted to designated routes established by the City, except for
times when providing collection service to customers within the City limits.
8-13
6. The hours of operation shall be limited as necessary to minimize the effects of
nuisance factors such as traffic, noise, and glare upon any existing neighboring residential uses,
or residential zoning districts.
i) Trucking terminals provided that:
1. Vehicular access points shall be located along arterial streets and shall be limited
and designed and constructed to create a minimum of conflict with through traffic movement.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by §1007.053 of
this Ordinance.
b) Telecommunication towers as regulated by § 1007.053 ofthis Ordinance.
c) Temporary mobile towers as regulated by §1007.053 of this Ordinance.
d) Open Air Markets.
e) Transient Merchants.
f) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of § 1007.054 are met.
11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the GI District:
a) Temporary Batch Plants.
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SPECIAL DISTRICTS
1007.130 PSP, PUBLIC AND SEMI-PUBLIC DISTRICT.
1) Purpose. This district is designed and intended to aid in guiding development towards
fulfillment of the Comprehensive Plan and to serve the following functions:
a) To provide the community with properly located schools, colleges, and health
institutions.
b) To provide the community with properly located public services, public utilities,
and public or private communication antennas.
c) To provide the community with properly located open green space, parks,
playgrounds and recreational facilities.
d) To relate public and semi-public locations with thoroughfare system.
2) Lot and Yard Requirements.
a) Minimum Lot Size.
1. Sewered Lot. One (1) acre.
2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of
1007.041 of this Ordinance.
b) Minimum Lot Width. One hundred fifty (150) feet.
c) Setbacks. (The greater of the following:)
1. From Streets.
a. Local Street. Fifty (50) feet.
b. Collector or Arterial Street. Fifty (50) feet.
2. Rear Yard
a. Principal Building. Thirty (30) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot/Driveway. Ten (10) feet.
9-1
3. Side Yard.
a. Principal Building. Ten (10) feet.
b. Accessory Building. Ten (10) feet.
c. Parking Lot/Driveway. Five (5) feet.
3) Height Regulations. No building in the PSP District shall be erected or structurally
altered to exceed forty-five (45) feet in height.
4) Impervious Surface Coverage. In no event shall off-street parking space, structures of
any type, buildings, or other features cover more than sixty-five (65) percent of the lot area
resulting in less than thirty-five (35) percent pervious landscaped area.
5) Building Requirements. All newly constructed buildings in the PSP District shall meet
the applicable exterior building standards of § 1007.043(2)(D) ofthis Ordinance.
6) Permitted Uses. In the PSP District, no building or land shall be used, and no building
shall be erected, converted or structurally altered unless otherwise provided herein, except for
one or more of the following uses.
a) All public buildings for county and state government.
b) All public buildings for municipal government, such as City Hall, water works,
sewage plant, police, fire, etc.
c) Cemeteries.
d) Clinics, rest homes, nursing homes.
e) Public parks and recreation facilities, golf courses.
f) Community Gardens operated by the city.
7) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are
permitted accessory uses in the PSP District:
a) Accessory buildings and structures as regulated by §1007.043(4)(i) of this
Ordinance.
b) Fences, as regulated by § 1007.043 (18) of this Ordinance.
c) Off-street parking as regulated by § 1007.044 of this Ordinance.
d) Off-street loading as regulated by § 1007.045 of this Ordinance.
9-2
e) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short-wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by §1007.054 of this Ordinance.
f)
City Code.
g)
Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the
Parks, playgrounds, or athletic fields accessory to an allowed principal use.
8) Conditional Uses. The following conditional uses may be allowed in the PSP District,
subject to the provisions of §1007.016 of this Ordinance.
a) All schools (public and private) provided that:
1. Side yards shall be double that required for the district, but no greater than thirty
30) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with
1007.044 of this Ordinance and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with § 1007.043 (17) this Ordinance.
4. Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1007.045 of this Ordinance.
5. The provisions of §1007.016 of this Ordinance are considered and determined to
be satisfied.
b) Hospitals provided that:
1. Side yards are double the minimum requirements established for this district and
are screened in compliance with § 1007.043 (17) ofthis Ordinance.
2. Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled in compliance with § 1007.043 (17) ofthis Ordinance.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
4. All State Statutes and regulations governing such use are strictly adhered to and
all required operating permits are secured.
9-3
L
5. The provisions of §1007.016 of this Ordinance are considered and determined to
be satisfied.
9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of
this Ordinance.
b) Telecommunication towers as regulated by § 1007.054 of this Ordinance.
c) Temporary mobile towers as regulated by § 1007.054 of this Ordinance.
d) Open Air Markets.
e) Transient Merchants.
10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the PSP District, and are governed by § 1007.017 ofthis Ordinance:
a) Farms, Farm Dwellings, Horticulture and Agriculture.
9-4
1007.131 R -BR, RURAL -BUSINESS RESERVE DISTRICT.
1) Purpose.
a) This district is intended to preserve a rural very low density environment until such
time as the land is needed for commercial and industrial uses. Residents of this district can
expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock,
gardening, and other traditional rural uses. In addition, the district is meant to prevent incursion
of those land uses that would adversely affect or diminish the rural character of the land. In
particular, subdivisions of land for residential purposes as well as commercial and industrial uses
without access to suitable infrastructure is not to be permitted. This district is also meant to
serve the following functions:
1. To control and limit urban sprawl.
2. To conserve land in a viable economic status until such time as the need is
present for rezoning to a business use district.
3. To reduce the possibility of rural -urban conflict in both the use of the land and in
the extension of utilities and other infrastructure items.
4. To maintain acceptable per capita costs for City services such as snowplowing,
road maintenance, and fire and police protection.
5. To define a "trigger mechanism" that will establish a formula for the rezoning of
rural -business reserve land to a business use as needed.
b) The R -BR District shall only be specifically applied to the following areas:
1. Rural residential properties located along 77th Street West.
2. Properties along I -35E north of the existing MUSA.
2) Rezoning (Trigger Mechanism). Land in the R -BR District shall be rezoned by the
City upon demonstration that all of the following applicable to a specific site are true:
a) The land is within the City's MUSA and sanitary sewer service or municipal water
is available or MUSA reserve is available and utilities can be extended to the site.
b) The proposed use is not premature according to the requirements of the subdivision
ordinance and/or site and building plan review.
c) Rural residential properties along 77th Street West can be phased out through
redevelopment and land assembly efforts in cooperation with property owners.
9-5
d) Along I -35E, rezoned land shall be adjacent to the existing business district and
shall extend from south to north in quarter mile increments. From that point on, rezoning may be
initiated whenever the corridor has an inventory of land that is zoned business or industrial of no
more than two hundred (200) acres.
3) Impact on Adjoining Property. To protect the rural nature of the R -BR District, no
activity in the adjacent business zoning district shall result in the following:
a) Loud, boisterous, and disturbing noise levels.
b) Hazardous traffic conditions.
c) Offensive, obnoxious, and disturbing odors.
d) Excessive litter.
e) Excessive artificial lighting.
f) Any other condition inconsistent with the reasonable use and enjoyment of
adjoining property and inconsistent with the health, safety, and general welfare of the adjoining
community.
4) Lot and Yard Requirements.
a) Minimum Lot Size. Ten (10) acres.
b) Minimum Lot Width. Three hundred thirty (330) feet.
c) Setbacks.
1. From Streets.
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
2. Rear Yard. Thirty (30) feet.
3. Side Yard.
a. Interior. Ten (10) feet.
b. Corner. Thirty (30) feet.
5) Minimum Floor Area Requirements. The minimum outside dimension and floor area
for single family dwellings shall be as follows:
9-6
a) Rambler.
1. Three Bedroom. One thousand fifty (1,050) square feet.
2. Two Bedroom. Nine hundred eighty (980) square feet.
b) One and one-half Story. Nine hundred eighty (980) square feet.
c) Split Foyer (Foyer, Stairs). Nine hundred eighty (980) square feet.
d) Two Story. Eight hundred fifty (850) square feet.
6) Height Regulations. No building in the R -BR District shall be erected or structurally
altered to exceed thirty (30) feet in height. These regulations shall not apply to barns, silos, or
other farm buildings.
7) Permitted Uses. In the R -BR District, no building or land shall be used or divided, and
no building shall be erected, converted or structurally altered unless otherwise provided herein,
except for one or more of the following uses.
a) Agriculture, gardening and sod farming.
b) Commercial greenhouses and nurseries.
c) Day care nurseries (fourteen (14) or fewer persons).
d) Golfcourses and driving ranges.
e) Governmental and public regulated utility buildings and structures necessary for the
health, safety, and general welfare of the City.
f) Home occupations as provided for in § 1007.049 of this Ordinance.
g) Public parks.
h) Single family detached dwellings.
i) State licensed residential care facility serving six (6) or fewer persons.
j) Keeping offarm animals in compliance with Chapter 503.
k) Temporary stands for the sale of agricultural products produced on the premises.
1) Transmission towers/radio, television and other similar towers up to forty-five (45)
feet in height.
9-7
L.,
m) Community Gardens operated by the city.
8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
accessory uses in the R -BR District:
a) Accessory apartments as regulated by § 1007.049 of this Ordinance.
b) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic and farm supplies and non-commercial recreational equipment, as regulated
by § 1007.043 (4) of this Ordinance.
c) Fences as regulated by § 1007.043 (18) of this Ordinance.
d) Home occupation Level A as regulated by § 1007.047 of this Ordinance.
e) Operation, parking, or storage of such vehicles, equipment and machinery which
are incidental and customary to permitted or conditional uses allowed in this district.
f) 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 as
regulated by § 1007.054 of this Ordinance.
g) Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance.
h) Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the
City Code.
i) Swimming pools, tennis courts and other recreational facilities which are operated
for the enjoyment and convenience of the residents of the principal use and their guests, as
regulated by § 1007.043 (4) of this Ordinance.
9) Conditional Uses. The following are conditional uses in the R -BR District:
1. Bicycle racing arenas, provided that:
2. The facility is provided adequate private on-site sewer and water facilities of
sufficient size to accommodate the occupancy capacity of the arena.
3. Side yard setbacks shall not be less than fifty (50) feet.
4. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
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5. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with
1007.044 of this Ordinance and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
6. Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1007.045 of this Ordinance.
b) Cemeteries provided that:
1. At minimum, the site accesses on a "major collector" street.
2. Where abutting a rural or residential zoning district, the periphery of the site
shall be screened in accordance with § 1007.043 (17) of this Ordinance.
c) Commercial and Public Radio and Television Transmitting Antennas, and Public
Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred
200) feet in height as regulated by § 1007.054 of this Ordinance.
d) Commercial Stables, Commercial Kennels, and similar uses provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Property shall be in conformance with minimum lot size requirements of this
zoning district.
3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any
neighboring habitable dwelling and 100 feet from any property line, or located in the middle of
the parcel, whichever is greater.
e) Veterinary Hospitals provided that:
1. Property shall be in conformance with minimum lot size requirements of this
zoning district.
2. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
3. Animal carcasses are properly disposed of in a manner not utilizing on-site
garbage facilities or incineration and the carcasses are properly refrigerated during periods prior
to disposal.
4. An animal kennel is permitted as an accessory use to the veterinary hospital
provided that:
a. The number of animals boarded shall not exceed forty (40).
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b. An enclosed indoor or exterior exercise area shall be provided to
accommodate the periodic exercising of animals boarded at the kennel.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of completely exchanging internal
air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75
degrees Fahrenheit.
d. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made of non -porous materials
or sealed concrete to make it non -porous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
g. A commercial kennel license is obtained from the City.
5. The applicable provisions of Chapter 503 are determined to be satisfied.
6. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
f) Day care facilities (exceeding fourteen (14) persons) provided that:
1. Such day care facility has access to adequate private sewer and water to protect
the health and safety of all persons who occupy the facility.
2. Screening is provided along shared property boundaries. Such required fencing
and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
g) Public, Educational and Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; public and private educational institutions
limited to elementary, junior high and senior high schools; and religious institutions such as
churches, chapels, temples, mosques and synagogues provided that:
1. Side yard setbacks shall not be Less than fifty (50) feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
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3. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with
1007.04 of this Ordinance and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
h) Home Occupation Level C as regulated by § 1007.047 of this Ordinance.
10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of
this Ordinance.
b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance.
c) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
d) Transient Merchants.
11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -BR District and are governed by § 1007.017 of this Ordinance:
a) Temporary Batch Plants.
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1007.132 PUD, PLANNED UNIT DEVELOPMENT DISTRICT.
1) Purpose. The purpose of the PUD, Planned Unit Development District is to provide
for the integration and coordination of land parcels, as well as the combination or mixture of
varying types of residential, commercial, and/or industrial land uses.
2) Application. All permitted, permitted accessory or conditional uses contained in all
zoning districts identified in §1007.080 through §1007.132 of this Ordinance shall be directed as
potentially permitted uses within the PUD District.
3) Procedure. Whether requested as a rezoning or initially established by City action
alone, a PUD, Planned Unit Development District shall be established and governed subject to
the amendment and procedure requirements as outlined in §1007.015 of this Ordinance, plus the
procedures, conditions, and standards imposed by § 1007.024 of this Ordinance.
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Section 2. Effective Date of Ordinance. This ordinance shall be in force and
effect from and after its passage and publication according to the Lino Lakes City
Charter.
Adopted by the Lino Lakes City Council this 24 day of November , 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member Rafferty and was duly seconded by Council M , - Stoesz
upon vote being taken thereon, the following voted in fa
Rafferty, SToesz, Roeser, Kuster
The following voted against same:
none
ATTEST:
1
uli nne Bartell, City Cler