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HomeMy WebLinkAbout04/06/2009 Council Packet• • • REVISED WORK SESSION AGENDA CITY OF LINO LAKES Monday, April 6, 2009 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Reshanau Lake Water Quality Improvement (Regular Agenda Item) 2. Comprehensive Plan Update a. Affordable Housing (Mary Alice) b. Planning & Zoning Public Hearing (Jeff) 3. I- 35E /CSAH 14 (Main Street) Interchange Update (No Report — Verbal) 4. Acting City Administrator 5 License Background Investigation Fee 6. Code Update Project 7. Gang Strike Force Conference Review Regular Agenda Adjourn PAGE 1 WORK SESSION AGENDA CITY OF LINO LAKES Monday, April 6, 2009 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Reshanau Lake Water Quality Improvement (Regular Agenda Item) 2. Comprehensive Plan Update a. Affordable Housing (Mary Alice) b. Planning & Zoning Public Hearing (Jeff) (To follow on Friday) 3. I -35E /CSAH 14 (Main Street) Interchange Update (No Report — Verbal) 4. Acting City Administrator 5 License Background Investigation Fee 6. Code Update Project Review Regular Agenda Adjourn • PAGE 1 • • • WS — Item 2a WORK SESSION STAFF REPORT Work Session Item 2a Date: April 6, 2009 To: City Council From: Mary Alice Divine Re: Affordable Housing Background During recent work session discussions, council members requested examples of ordinances that could provide ways for affordable housing to be distributed throughout residential districts within the city. As you recall, the city council discussed potentially mandating affordable housing in the Comprehensive Plan, and at the joint City Council/Comprehensive Plan Advisory Committee meeting it was determined to instead use the terminology "strive to integrate affordable housing in all residential land use districts." This report addresses how to encourage affordable housing as part of new developments, however, it is important to keep in mind these details while considering options: 1. The Metropolitan Council is not mandating that affordable housing be built, but only requiring, as a minimum, that cities provide land use at a certain density that could accommodate it. 2. The draft Comprehensive Plan recommends creating a method for providing incentives such as density bonuses and fee reductions to meet a variety of public goals such as environmental preservation, affordable housing, green design, and economic development. 3. Providing incentives for integrating affordable housing into low or medium density developments does not reduce the amount of high density land use that is currently on the draft land use map. Draft Comprehensive Plan Housing Plan The Metropolitan Council requires a statement within each city's Comp Plan acknowledging its share of the region's affordable units. This statement does not mandate the construction of affordable units, but instead provides minimum standards to remove barriers and to provide opportunities for affordable housing. The city's Comprehensive Plan goes further by outlining strategies the city can use to further promote affordable housing, as well as other public goals. It may be beneficial to review portions of Chapter 4, the Housing Plan, to recall what those strategies are. 1 Goal 5 of the city's Housing Plan (Ch. 4 Pg. 2) gives directives from the Vision 2030 Committee and the Comprehensive Plan Advisory Panel that sets the minimum standards by saying: Goal 5: Improve availability of affordable and life -cycle housing Rationale: Lino Lakes, as a developing city, is expected to accommodate the projected housing needs, entry level through retirement, of the community's population. Policies: 1. Work with developers to identify innovative strategies for providing entry -level and life cycle housing. 2. Use redevelopment tools to revitalize aging residential properties, made possible by various federal, state, local government, and non-profit programs. 3. Provide expanded opportunities for housing ownership made available by various federal, state, local government and non-profit agencies. 4. Provide for and designate appropriate areas for high - density and mixed -use development. 5. Strive to integrate affordable housing in all residential districts. (This was added after joint council /CPAP meeting) The Affordable Housing section in the draft Comp Plan's Housing Plan takes further steps beyond removing impediments to affordable housing by identifying innovative strategies, expanding opportunities and providing appropriate areas for high density and mixed use development. The Affordable Housing section (Ch. 4, Pg. 17) states: "To provide opportunities for affordable housing in the community, the City is taking the appropriate regulatory measures within the Comprehensive Plan by guiding areas for higher density housing and including policies to promote affordable housing in the community. These regulatory measures represent one of the City's most effective tools to encourage development of affordable housing. To meet affordable housing goals, the City has planned for potential new growth with a variety of residential land use types and densities to promote the development of life -cycle and affordable housing across the city." Comprehensive Plan Housing Implementation Strategies and Recommendations There is currently nothing within any land use district —other than zoning requirements which add to the cost of development —that prevents affordable housing from being built in Lino Lakes. Short of mandating affordable housing, the Affordable Housing Plan removes as many impediments as is realistically possible. The Housing Plan lists the implementation strategies that can be used: (Ch. 4, Pgs. 18 -19) To ensure housing development is compatible with existing and adjacent land uses and provides accessibility to key community features and natural amenities (Goal 3), the City will: 2 • • • • • • • Offer incentives to developers who provide for affordable housing units while conserving environmentally sensitive sites, such as density bonuses, expedited permitting processes, or reduced fees. • Pursue funding opportunities to increase the affordability of housing units within conservation subdivisions. • Pursue funding opportunities to incorporate green building techniques within affordable housing developments. • Encourage innovative low impact development to preserve open space or natural features. • Ensure that all new housing, including high density, adheres to the highest possible standards of planning, design and construction feasible. • Promote development of neighborhoods that incorporate housing in a range of densities and affordability limits in close proximity to shopping, services, daycare, and medical services. Safe access to parks and schools, and the ability to walk, bike or have access to transit should be part of the design. To improve the availability of affordable housing and enhance opportunities for senior housing (Goals 5 and 6), the City will: • Seek housing developers to work cooperatively with the City to construct affordable units. • Create an incentive based program or Residential Planned Unit Development Ordinance that includes density bonuses for construction of affordable housing. This allows an increase in density, beyond the underlying zoning, if the development includes affordable housing. • Participate in the Livable Communities Act Local Housing Incentives Program. • Activate and utilize powers and tools of the City Economic Development Authority and/or a City Housing and Redevelopment Authority to make funds available for the creation of new affordable housing. • Develop policies to use Tax Increment Financing to fund activities that increase new affordable housing. • Utilize techniques, such as land trusts to maintain long -term affordability for any new affordable housing unit. • Support and actively promote Anoka County's 1st Time Homebuyers programs to assist new homeowners entering the market for existing homes. • Partner with, support and market programs offered by the County, State, MHFA, Federal Government and non profits to fund the development of affordable housing. • Cooperate with developers or other agencies as appropriate to assess senior housing needs in the community. • Allow the creative use of site planning or PUDs that provide flexibility for development containing affordable housing such as a reduction in lot size, setbacks, street width, floor area and parking requirements, and consideration of reduction in City fees. • Update the zoning ordinance and subdivision ordinance to reduce impediments to affordable housing. 3 • Use the land use plan as a tool to provide a variety of residential land uses in a range of densities, concentrating higher density opportunities along major transportation and transit corridors and around future job centers. • Periodically review land use regulations to determine the effectiveness of current ordinances in encouraging additional affordable units as well as encouraging modifications to keep the existing housing stock desirable and livable. • Streamline permitting and development processes to ease the rehabilitation or improvement of existing homes and reduce unwarranted cost impacts on the price of entry -level homes. • Work with the Anoka County HRA to meet the community's life -cycle and affordable housing needs. As you can see, the city council has a wide variety of tools at its disposal to encourage affordable housing. Keep in mind that the Land Use Plan in the draft Comp Plan also places high priority on encouraging better site design and resource conservation using the same types of incentives that are used to encourage affordable housing. The Land Use Plan states (Ch. 3 Pg. 3): Policy 5. Provide clearly defined incentives to achieve significant and discernable public values not achievable under conventional development standards. These public values include, but are not limited to: a. Preserving open space, providing park dedication and trails, and/or providing storm water management areas, in excess of minimum standards to implement the Resource Management System Plan, as amended, and Rice Creek Watershed District's Lino Lakes Resource Management Plan, as amended b. Using "Green" building and low impact development techniques c. Restoring /enhancing ecological systems d. Ensuring long term natural resource stewardship funding e. Managing stormwater using natural filtration and other ecologically based approaches f Providing life -cycle and affordable housing g. Diversifying the tax base to lessen the tax burden on residential properties h. Providing infrastructure that benefits community beyond the project site that would otherwise not be financially feasible 6. Identify and define incentives offered to developers for achieving specific public values not achievable under conventional development standards. These incentives may include, but are not limited to: a. Density transfer/bonuses b. Reduced street and right -of -way widths c. Trunk utility and stormwater management fee credits d. Staging plan flexibility e. Streamlined city approval process f Financial incentives when consistent with city policy • • • • • • Using Ordinances to attain public values Staff has researched a number of model ordinances used by other cities around the country to promote affordable housing. No cities within the Twin Cities metro area mandate affordable housing. Most cities locally, and around the country, encourage it through their Comprehensive Plans, provide incentives, and work in partnership with other public agencies and nonprofits. Other cities, such as Chaska and Plymouth, have required that affordable housing be a component of a residential development if TIF or government backed bonds are used. Woodbury allows higher densities if the developer agrees to an affordable component. According to their housing director, this has worked only in townhome projects to date, as the price points are too high in single family developments. Forest Lake is considering a mandatory affordable housing ordinance, however it has not been drafted. Short of mandating affordable housing or providing cash incentives, the Comp Plan identifies Planned Unit Development (PUD) as a major tool for working with developers to implement the goals and policies of the Comp Plan and support all the city's public values. A PUD is the city's most effective tool for encouraging affordable housing. It takes a holistic approach by allowing flexibility to work with developers to attain as many of the high public values as possible on a case by case basis, with affordable housing being one of those values. The draft Comp Plan lists methods to pursue to encourage public values using incentives and financial tools such as density bonuses, TIF, reduced fees and cash subsidies. It encourages partnerships with housing agencies and nonprofits to assist developers in meeting the city's affordable housing goals. A common tool is the density bonus, which allows a development to increase above the base density of the zoning district if certain public values are met. These density bonuses range anywhere from 10 -50 %, with 20% a common allowance for increased density. If Lino Lakes were to increase its density bonus, the following table show the differences in density that would apply: Housing Type Current Densities Maximum Units /Acre 20% Bonus Maximum Units /Acre 30% Bonus Maximum Units /Acre 40% Bonus Maximum Units /Acre 50% Bonus Maximum Units /Acre Single Family 3.5 4.2 4.55 4.9 5.25 Medium Density 6.9 8.28 8.97 9.66 10.35 High Density 12 14.4 15.6 16.8 18 If the city established an ordinance that provides additional density as an incentive to building affordable housing, other variables come into play that the ordinance should address, such as: • The minimum size of a development to which the ordinance applies • Whether it applies to ownership, rental, or both • Whether the affordable housing must be built on site or whether provisions can be made to build it nearby, in case of hardship • Income level or price defined as "affordable" • Appearance and integration of the affordable housing units • Whether a density bonus is enough to get the public values met, or are additional incentives needed 5 • Longevity of price restrictions. Ordinances that allow the "discount" to expire after the first sale essentially grant a windfall profit to the original buyer, preventing the "subsidy" of a density bonus from being passed on to future buyers. Density bonuses essentially can help to make more housing more affordable to certain buyers. Some programs restrict price appreciation through the establishment of land trusts. Generally a nonprofit affordable housing developer works with the city or its HRA to acquire land or existing homes, build or rehabilitate housing, and administer a long -term affordability program. Requested Council Direction The council should conclude if it wants to place affordable housing as its first priority in new residential subdivisions or take a holistic approach to attaining all the public values addressed in the Comp Plan. Staff recommends that, rather than a "stand alone" ordinance, affordable housing be incorporated into the PUD ordinance. With a PUD, the city council can weigh all public values listed in Policy 5, and use incentives on a case by case basis. Revising the PUD ordinance is a lengthy, systematic process involving staff, consultants, advisory boards and city council. A first step would be to consider the laundry list of potential incentives and ascertain which ones should be used to encourage affordable housing. Those incentives include, but are not limited to: Density bonuses Reducing street and right -of -way widths Reducing floor area and parking requirements Trunk utility and stormwater management fee credits Staging plan flexibility Streamlining city approval process Financial incentives such as TIF and reduced fees Participating in Livable Communities Local Housing Incentives Program Partnering with programs offered by the County HRA, State, MHFA and nonprofits to fund development of affordable housing Attachment(s) 1. Current Affordability Limits 6 • • • • • • Attachment A 2008 Metro Area Homeownershi 1 1 Household Income Level Affordable Home Price 1 1 Bedroom Size: 80% of area median income ($64,720) 1 Bdrm $214,900 3 bdrms 1 1 1 60% of area median income (48,540) $758 $158,000 $1,051 2008 Rental Housing Bedroom Size: Efficiency 1 Bdrm 2 bdrms 3 bdrms 1 $707 $758 $910 $1,051 (monthly gross rent including tenant -paid utilties, affordable at 50% of area median income) • Date: To: From: Re: Work Session Staff Report Work Session Item 2 b April 1, 2009 City Council Jeff Smyser Planning & Zoning Public Hearing On Comprehensive Plan WS — Item 2 b Background The Planning & Zoning Board held a public hearing on September 9, 2008 to consider the draft 2030 Comprehensive Plan. The Board recommended approval with some minor revisions. Since then, the City Council met with the Comprehensive Plan Advisory Panel in January and has been discussing the plan. The City Council decided that the P & Z should hold a second public hearing to provide for public discussion of comments received and revisions made since September. The new public hearing will occur at the P & Z meeting on April 8. Revisions to be discussed at the public hearing will include: • Clarifications to address comments from adjacent jurisdictions. • Changes to the Future Land Use Map and Utilities Staging Map as discussed with City Council. • Residential land use categories densities as decided by the City Council. • New policy as decided by the City Council to "Strive to integrate affordable housing in all residential land use districts ". The staff report for the P & Z meeting is being assembled and will be finished Friday, April 3. Copies will be forwarded to the City Council with the Friday update. AGENDA ITEM V. A STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: April 8, 2009 TOPIC: PUBLIC HEARING: Draft 2030 Comprehensive Plan BACKGROUND Under state law, every city within the Seven County Metropolitan Area must update its comprehensive plan every ten years and submit it to the Metropolitan Council. This ensures that city plans do not conflict with metropolitan system plans. The deadline was December 31, but Lino Lakes received an extension. We must submit it to the Metropolitan Council by May 29, 2009. Staff and our consultants worked for two years with a citizen group called the Comprehensive Plan Advisory Panel. The Panel met monthly or more since early 2007. We have held three open houses, inviting the general public to ask questions and learn about the plan process. We learned much from the citizens at these events, as well. The Planning & Zoning Board held the first public hearing on September 9, 2008 to consider the draft 2030 Comprehensive Plan. The Board recommended approval with some minor revisions. Since then, the City Council met with the Comprehensive Plan Advisory Panel in January and has been discussing the plan. The City Council decided that the P & Z Board should hold a second public hearing to provide for public discussion of comments received and revisions made since September. After the P & Z recommends approval again, the next step will be approval by the City Council to submit the plan for Metropolitan Council review. City staff will work with Met Council staff on any issues that arise in that review. Ultimately, the plan will be approved by the Met Council and the City Council will adopt it. Comments From Adjacent Jurisdictions, Others As required by law, we sent out the draft plan to adjacent jurisdictions in November. We have received comments from a number of those jurisdictions and staff has recommendations on how to address them. The majority of the comments require simple clarifications. Attachment A lists the comments and the recommended actions. Draft 2030 Comprehensive Plan P & Z Board April 8, 2009 page 2. Staff Review Revisions Staff has found a number of needed clarifications or corrections to the text of the November draft document, based on other revisions and discussions that have occurred. The attached memo of March 23, 2009 from Michael Grochala to Bonestroo lists these (Attachment B). Staff is recommending these changes be approved also. Most are minor. However, the statement about flexibility on the actual boundaries of the land use categories is important (# 8 on the memo). At the September public hearing, the Rice Creek Snowmobile Trail Association asked for recognition of the trails they manage. A statement will be added to the parks and trails plan in chapter two and the transportation plan in chapter six. Revisions to Goals, Policies, Land Use Categories, and Staging Discussions by the City Council, including the January meeting with the Advisory Panel, resulted in several important revisions since the November draft document. 1. The Growth Management Policy was revised as follows: • To more closely monitor and manage growth, the 10 -year staging areas were further divided into 5 -year phases. Stage 1 (2008 -2020) is divided into 1A 2008 -2015 and 1B 2015 -2020 Stage 2 (2020 -2030 is divided into 2A 2020 -2025 and 2B 2025 -2030 These are shown on the revised Utility Staging Map (Attachment C). • Provide for an intensive Comp Plan review every five years in addition to the biannual review already in the draft policy. This will mean a review in the third year, an intense review in year five, then less intense reviews in years seven and nine, followed by the next ten -year major update. 2. Several existing, unsewered neighborhoods were removed from the staging areas. That is, the City will not plan on providing utility service to those neighborhoods until after year 2030. They have been designated Stage 3, Post -2030, on the Utility Staging Map. This also removes them from the Low Density Residential category and into the Urban Reserve category on the 2030 Future Land Use Map (Attachment D). Draft 2030 Comprehensive Plan P & Z Board April 8, 2009 page 3 3. The densities in the residential land use categories were modified to the following: • Low Density Residential 1.5 — 3.5 units per acre (no change) • Medium Density Residential 3.6 — 6.9 units per acre (instead of 3.6 — 7.9) • High Density Residential 7.0 — 12.0 units per acre (instead of 8.0 or greater) • Increase the percentage of residential development of the following Mixed Use areas: Lake Dr./ Main St., and Centerville Rd..CR J. Changes 2 and 3 above result in an overall net density of 3.04 units /acre, which is consistent with Metropolitan Council Policy. 4. In the Housing chapter, Goal 5 is "Improve availability of affordable and life -cycle housing." A new policy was added: "Strive to integrate affordable housing in all residential land use districts." Landowner Requests to Revise Future Land Use Map and Utility Staging Map The discussion in September included some requested changes to the land use designations and the staging map. Since then, we received four additional requests to change the land use map and/or the staging map. They include: 1. Beecher property, 797 Main St.: Request to guide the site Mixed Use to allow for home business computer service and sales. 2. Nogai property, 1370 Birch St.: Request to bring the site into pre -2030 staging area. 3. Joyer property, Main St. west of Elbe St.: Request to bring the site into Stage 1 (2009- 2020). 4. Leroux property, 2104 64th St.: Request to bring the site into pre -2030 staging area. The attached information indicates the locations of these properties and includes information analyzing the requests as well as staff recommendations (Attachment E). RECOMMENDATION P & Z recommend City Council approval of the Comprehensive Plan, with the revisions recommended in this report and attachments. Draft 2030 Comprehensive Plan P & Z Board April 8, 2009 page 4 page left blank intentionally 0 c _ w c ` Q E a� E d E o o O. o- �C 0 c) ._ 0 Of w E 3 E -a .. u):° c-•� o 0 fA y C) 7 . 0 C O C of .0-a o C 0'C 2 m d 'a CD • r E 0 .O ti •a te' E CL1 co to .O0 of -0 E ` V d E 01 !C T.0 C o W w i y r+ y Cp N .0 C V d 0) E m is W E 0 C C.. C o •cp o d •3 a) C N C. -�w4- 0 O. 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O U rn 0 0 Transportation CO N U Y E= as E a) ors E C 0 c E� c 0 co _a (0 •c v u) r- 0 = 0 Q (1) w U U 0 n E 3 3 0 >� 0: (0 LL Transportation 0 t U a) 0 O x•• Y co 0 O O C_ O E c as 0 L U .0 0 = LL rn L7 N -r< a) 0 0) C (0 s n U - L U N C c U a E o a) (n- n C N 0 2 O_ U co mas N N = U L E Q cu 0 U m 0 c U U eLN 0 > "O c (0 3 p) 0 N c 0 C L -0 p c a) Q D) a) as E EO m 0 -2 a) rt 2 E Transportation Transportation O CO M e i i � ` / + N :., ,Kikvizw" ‘...„:-",,44,,V Y x / ,, & 32 Transportation pg. 6 -19 The acquisition of right of way shouldn't SRF will revise this text to clearly SRF will revise as commented ,,,„,°„t. PAGE 39 be limited to just local roads. indicate that the potential acquisition of right of way is not limited to local roads. LAST SENTENCE: "For ROW acquisition, the city may use a variety of tools, including but not limited to:" Also, add bullets to first three tools, as with others on • a • e 40 Transportation pg 6 -19 include reference to RALF as a right of SRF will revise the text to include the SRF will revise the text to include the PAGE 39 way acquisition option Met Council's Right -of -way Acquisition Met Council's Right -of -way Acquisition tel Loan Fund as a potential source for right Loan Fund as a potential source for ''; of way acquisition. (under "Direct right of way acquisition. ,,; Purchase "? 34 Transportation pg. 6 -21 Transit Market Area: The plan should SRF included this information in the full SRF will note the future market areas c.f. PAGE 41 note the existing and future market Transportation Plan, and staff feels it is for the City as defined by the areas for the city. not necessary in the abbreviated version Metropolitan Council. in the Comprehensive Plan(ALREADY IN FULL PLAN BEGINNING PAGE 41: BUT DOES THIS ADDRESS "FUTURE MARKET AREAS "? Transportation pg. 6 -21 Existing Transit Service - fix typo by SRF will revise the text to eliminate the No action necessary y pp. 42-43 deleting redundant sentence "Metro repetition(ERROR DOESN'T EXIST IN 0:0, Transit and First Student..." FULL PLAN ,.. 36 Transportation Fig. 6 -8 Transit Service and Facilities: discuss SRF will revise the figure to reflect the SRF will research any potential future * FIG 6 -16 P. with Metro Transit any potential future future routes that Metro Transit and the routes that the City and Metro Transit 47 bus service lines - revise accordingly city anticipate.(are there any ?) anticipate and revise the figure if necessa Transportation Transit Service and Facilities: revise SRF will revise the figure to close the SRF will revise the figure to close the FIG 6 -16 P. map to fix gap in bus route on CSAH gap gap. 47 21 at count border 38 Transportation pg. 6- 30PAGE Aviation Plan: increase title size to SRF will revise the text to increase the SRF will revise the text to increase the Ai 58 match formattin• font font 39 Transportation pg. 6 -31 The County would like the City to SRF will revise the text to add a SRF will revise the text to add a ` PAGE 60 endorse /adopt the Mn /DOT and Anoka statement requiring the official controls statement requiring the official controls County guidelines for access be amended to include access be amended to include access mana•ement. mana•ement •uidelines mane.ement • uidelines •. >•••.:. L •N d 0 y' c 7) O a) ca •p O C P o > m O O �. ° .� ° aI �+ - 76 O U a) E y U L ca U Upai 7— • EQ p0 p O L A= .+ • O U L f4 U O a+ a- -'-' d .� $ ^X^`` /C^'' a "- • A• X` w C E V ++ 42 O /� - t-% % 3 O 0= W U m H C L L7) 0 C • d .' 0 C N O k n N CZ- •� fH c W . =•- C�a=L .0 O O .(Cl) 'g F� fn C Z i/) O Z E -2 d Z n L C.0 Zp WO O IB (0 > — 0 N •- C22'UWQ_ re cam—Cw -c Ca.0 om-<-o to m re U) .7) . U o L' 2 Q F- re •N � c C U 7 E J W a) w a �- ° Ow= oa = °u >,..c 0 oUJOY Vo3 C C L�iI- IX LLQ_J ci)2_i oacCi)FL- c.E?m2CC/) M M Lo M N ' Cr.) N C .. co N a) U O N U 0- U) co LL. C > U N L- C CD C U ca .c aI- m aN o .0 �' N 72 N C U) FL- 3 M f0/-1 < '5 co LU N C O O = CD U O LL L C -o O C L o U _o Cf)ca) U) w 00 O U C O_ N F- E c.1 N- M a) U) a) L E' as ca 0 U f t�A N U '0 V a) 0 O E +' p c0 aa)) ▪ -r< a) "O C a) a) _C _C C C ii y .= o 0) > -> ai)�c • L a) a) ` C E • E C L cC ra@(U cn 0 .(7) E 0 a) N N a) a) to N U - LT ._c C C a)as ao C O • N Q E W 0. 0 M ato 0 c O CU U U N N U O 0 O N -C -0 C rn� a) t .c c a) 5 O O) > m o a) a) N N N a) rn LL N m c tYaoCU cc) 0_aE c0 0 C O < Ucacco F- ' O U Y a) C N =go O C Q). c c°o E a) a) a) N O c c a) CU 1- a) 0 0 T CO cI W CO (, fl.. a CO 0) M M n necessary § 2 `f/ < / /k> a 2 ct\ :2 m 9 U- E c �c oCcCr .c £ Cu 2 uj (��£cC CL . f « D Q 2%20 mtm§ kƒ(0W LL c C f « 2 mwc:V) c cu / % ? 2 C ' 0 ¥G® ° °w /u §a2 \2\ Cu LL f c u =C)7 k E @ wEE E / / 2 \ Qa _a/ o 2 k § 0_ U) ■ w 0 a _c w 00 W 0 CL W d @■ u■ -10 CN1 ATTACHMENT B P & Z 4/8/09 MEMORANDUM DATE: March 23, 2009 TO: Ciara Schlichting, Bonestroo FROM: Michael Grochala, Community Development Director RE: 2030 Comp Plan Revisions Staff has reviewed the draft 2030 plan and have the following changes /revisions: 1. Pg. 2 -31; 4th paragraph, last sentence. We believe figure reference should be Figure 2 -8. 2. Pg. 2 -33; Clarify what text is amending Park Plan (May want to format differently). Please reference section/page of Park Plan amended. 3. Parks section should include statement regarding snowmobile trails in the trail system plan. 4. Parks section should include implantation items listed in Chapter 11. 5. Pg. 3 -11; Change densities in table 3 -2 6. 3 -15 Change densities in Medium Density and High Density paragraphs. 7. Pg. 3 -13 & 3 -24: Revise maps 3 -3 (Land Use Plan) and 3 -4 (Staging Plan) to reflect phasing and land use changers per City Council and CPAP joint meeting. 8. Pg. 3 -14; Insert land use district flexibility language (Sent by Jeff on 2/11/09) "While establishing the importance of the 2030 Future Land Use Map, it's important to acknowledge the realities of land development. Future development may involve assembling several land parcels. Site layouts may need some flexibility to ensure efficient design and safety, especially internal circulation. In addition, natural features don't follow linear property boundaries. Because of these and other factors, the actual boundaries on the Proposed Land Use Map should be considered somewhat flexible in order to accommodate development or redevelopment proposals. For example, the City may consider averaging out different land use densities across the project site for a project that includes areas mapped for several residential land uses." 9. Pg. 3 -17; Change mixed use table (Table 3 -4) to reflect CC /CPAP changes 10. Pg. 3 -23; Revise Table 3 -5 to reflect changes in land use categories and density methodology (RR low density <10 acres). 11. Pg. 3 -25; Growth Management Policy. Insert revisions regarding 5 year intensive review and phasing. 12. Pg. 3 -27, 5th bullet change Net Density 3.04 unit/acre. Rewrite to reflect change in density calculation methodology. 13. Pg. 4 -2; Insert new goal 5 "Strive to integrate..." from CC /CPAP mtg. 14. Pg. 4 -14; table 4 -6 — Same revisions as table 3 -5 15. Pg. 4 -17; 1St paragraph, last sentence - change density 8 units /ac reference. 16. Pg. 10-5; 3rd bullet add City of Shoreview. ATTACHMENT C .11Assaalutil.••••••••.lil.ill.• ■•■lilt lif ........ • ▪ = a.. +.. ;f' . • ■ • • • ..■..1 JIM a a a2.R..MARA. • LLILFI ■ , • U. • ;.• •••• • • •111114. MIN ii t1L ' Ill r won ■ oo... l • .. ■ • • ■ii.aa.f .a E. ara�,. L U anla • 111•0111.R ■ a. r George Watch Lake arshan Lake ■.■ • • Y....r • • • • • amJa • • • ■ _.'.......■ °ether _ake i I. ATTACHMENT D .•11. i3 is 53 1 1 INNS •11111111111• fir 7'I. ei� 1�._'. 113 rte: ." ■ its 11111 no a aid •SI• — • minimise .1! " ".W.I • _-!•r Main St r1 +11.�y 11111 ° '. 1�. ":s.'it�►'J��i��I�� M IIYII IP�1 ,v' ' IIIIIIIIIIIIIIIIIIIIIII*. simisimmmin 1 alma _ I Pettier ti rimm I I I ;.U* F!..•1a Marshan Lake City of Centerville e Creek Chit YetLtik� -;, ,Regio ax Park Reserve Centerville Lake 1 Rice Lake Reshanau Lake I Baldwin a Lake _ R�r 111111/1'/1■ :�. � IY ter/ /ill Vf .� ..°,� r� �- - dingle - lei Ir& 111 111111..E ar 4216 k "Ink - - -iiiI1IhIIIiiI u,„ A, iII1V!I •-- ► ma. ••. Otter Lake 2030 Future Land Use Map City of Lino Lakes 2008 Comprehensive Plan Update N 4,000 0 r. ■ j Municipal Boundary Permanent Rural Urban Reserve Low Density Residential Medium Density Residential 4,000 MI High Density Residential Feet MI Commercial Mixed Use El Industrial Civicflnstitutional MN Park/Open Space Private Airfield Right -of -Way Open Water February 27. 2009 Preparet1Dy aoresvoo K'acevemor asserver9omasascei -e linciakesoorroarb203Dlumt0 1. Beecher property, 797 Main St. ATTACHMENT E page 1 ~2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Site is on edge of neighborhood, separated from the proposed Mixed Use area by a Low Density Residential Guide the site Mixed Use Low Density Sewered General Business separate property that is a segment of a driveway for several other lots. The driveway is to allow for home business Residential comprised of other parcels and easements under different ownership and is 1200 feet Stage 1 A (2009 -2015) computer service and sales. Stage 1 (1998 -2010) single family home on site long. This driveway serves as a good dividing line between the residential neighborhood and future commercial /mixed uses. • Recommend: Guide as Low Density Residential as proposed • Recommend: Rezone site to R -1 Residential like the rest of the neighborhood. • Recommend: Revise home occupation requirements in zoning ordinance. This would occur with amendments of ordinances to implement new comp plan. Example: home offices & small service activities allowed in residential zones with restrictions that will consider such things as maximum square footage for such activities. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP 2. Nogai property, 1370 Birch St. ATTACHMENT E page 2 2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Utilities must be brought from White Oak Road and Birch by development of small Urban Reserve through Bring the site into pre -2030 Low Density Unsewered Rural properties to west. Also would require running utilities down Joyer Lane to lot Stages 1 & 2 (2009 -2030) Low Density Residential staging area. Residential single family home on site boundary. The site would accommodate three lots, or maybe four with a small interior cul de sac and removal of existing house. The financial viability of all this is questionable without a larger utilities project serving the neighborhood. Stage 3 (after 2030) • Recommend: This would be appropriate for a future comp plan amendment for a larger utilities and road reconstruction project initiated by property owners in the neighborhood. • Recommend: Guide as proposed, Urban Reserve to 2030, then Low Density Residential. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP 3. Joyer property, Main St. west of Elbe St. ATTACHMENT E page 3 2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Development of this site would require utilities, increasing possibility to serve Urban Reserve through Bring the site into Medium Density Rural neighborhoods along Main St., which are in same sewer subdistrict. Stages 1 & 2 (2009 -2030) Stage 1 (2009- 2020). Residential • Removal from utilities service plan of existing older neighborhood in same sewer Stage 2 (2010 -2020) vacant subdistrict freed enough capacity to comfortably serve this site. Medium Density Residential • Access to Main St. and stubbed 81St St. (though a new Main St. access would be a right in/out street per the access management plan.) Stage 3 (after 2030) • Recommend: Include this parcel in Stage 1, 2009 -2020. (1A or 1B to be determined) • Recommend: Also include adjacent small lot with existing house (dashed outline). AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP 4. Leroux property, 2104 64th St. ATTACHMENT E page 4 2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Utilities are stubbed in Clearwater Creek, but it is unknown if all of this area can be Urban Reserve through Bring the site into pre -2030 Low Density Sewered Rural served by this sanitary sewer pipe because of depth and land elevation. Two properties Stages 1 & 2 (2009 -2030) staging area. Residential to the north must develop first to bring utilities to the site. Low Density Residential Stage 2 (2010 -2020) single family home on site • Development of area would require construction of 64th St. to provide adequate access, and connection to Flora Court in Clearwater Creek neighborhood. Stage 3 (after 2030) • If this area of 70± acres with potential for 100+ lots is moved into earlier stage, should consider removing land from that stage or adding units to city forecast. • Recommend: This would be appropriate for a future comp plan amendment for a larger utilities and road reconstruction project initiated by property owners in the area. • Recommend: Add text in Planning District 3 section of comp plan discussing this area and potential for amendment if multi - property development plan is created. • Recommend: guide as proposed, Urban Reserve to 2030, then Low Density Residential. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP • • WS — Item 5 WORK SESSION STAFF REPORT Work Session Item #5 Date: April 6, 2009 To: City Council From: Julie Bartell Re: Liquor License Investigation Fees Background As allowed under state statute, the city has established fees for licensing and regulation of liquor (including 3.2 malt beverages) and tobacco. Staff is in the process of reviewing those fees to ensure that they comply with current state law and to compare our fees with those of other municipalities. Fee changes may be recommended in the future based on that research and on the outcome of strategic financial planning. The council requested, as part of reviewing updated liquor licensing code language, that staff specifically review the city's current fee structure for background investigations. State law requires a background check on initial applications and allows jurisdictions to charge up to $500 (up to $10,000 for out of state) for these investigations. An investigation prior to license renewal is allowed if the city's governing body deems it in the public interest. The city's current investigation fee for all liquor license applicants (including renewals) is $450 for corporations or partnerships and $250 for individual applicants. The city's background investigations are conducted by the Lino Lakes Police Department. A memorandum from the Police Department explaining their costs in conducting these investigations is attached. There is also some cost to the city in administrative handling of the information. It should be noted that the Lino Lakes Police Department does the same check for renewals as for new applications and therefore the cost is the same. Staff has prepared the attached spreadsheet with data on how other cities are charging for this type of investigation fee and whether or not they charge differently for renewals. Requested Council Direction Liquor license renewal forms will be sent to the city's license holders in April. Staff requests direction on any change to investigation fees in order to provide accurate information to licensees. Attachments Police Department memorandum Comparison of investigation fees charged by other cities /counties 1 Lino Lakes PD Memo To: Chief Pecchia From: Sgt. Kelly McCarthy Date: March 31, 2009 Re: Liquor and Tobacco Fees Chief, At your request, I reviewed the current fee structure for background investigations. The background checks of initial applications for liquor and tobacco licenses consists of a criminal history check and address verification. In most instances, this can all be accomplished by investigators in about three working hours. We usually bill supplemental police services at $87.00 per hour for a total of $261. If we billed the service at straight time ($31.14) it brings the total to $93.42. As the money collected does not go to the police department, either billing scenario would not affect our budget. Please let me know if you have any questions. Sgt. Kelly McCarthy 1 • • compiled March 2009 1 .�_ �•'.�' �i ... 's�'$cs U.g �' x< s .<"s�fe.= ,��"`au.�_. .. ,.,: +u� _�.g _ _. .. _.... k:... z � ,,.. .. City Pop. Initial In -state Investigation Fee Renewal Lino Lakes 19,736 $450 (250 individual) same Blaine 54,927 $500 (on sale) no investigation Minnetonka Crow Wing Co. 51,519 $500 $150 n/c $25 Isanti 5,206 $300/$100 n/c Bloomington 85,852 $500 ($150 in state) $100 Osseo 2,459 $200 n/c Circle Pines 5,153 $500 (unused portion t/b rec'd) n/c Northfield 19,413 $200 $200 Belle Plaine 6,595 $100 n/c Golden Valley 20,355 $3,000 Dep,/ $500 non refundable $100 New Ulm 13,610 $200 n/c Buffalo 13,776 $300 n/c Plymouth 70,676 $500 n/c Oakdale 27,249 Single, $350/$500 n/c Robbinsdale 13,698 $500 $250 St. Peter 10,887 $250 $150 Burnsville 61,355 varies ($1500 -$500) $50 Stillwater 22,532 $300 $150 WS — Item 6 WORK SESSION STAFF REPORT Work Session Item #6 Date: April 6, 2009 To: City Council From: Julie Bartell Re: City Code Update Background At recent regular work sessions, the council has engaged in the process of reviewing the proposed update to the city code. Again, the purpose of this project is to get an up -to- date city code on line and available to the public and staff. This process is known as recodification and it has not occurred with our code since 1983. The council has had the opportunity to review independently those code sections that contain only general non - substantive revisions. To date, staff has reviewed with the council the following chapters containing more complex amendments: 101. City Code 602. Regulating the Sale of Tobacco & Tobacco Products 611. Lawful Gambling 613. Transient Merchants, Peddlers, Canvassers and Solicitors 216. Campaign Regulations 701. Liquor Licensing 702. Beer Licensing In some chapters, the council authorized revisions that have either been provided to the council or will be included in the final document presented for approval. Staff is now proposing that this be the final council work session review of the updated city code. This final review will involve "pulling together" the remaining elements in order to present a code document for printing, public presentation and council approval. An updated schedule for the City Code Project is attached. Attached as well is an annotated Table of Contents for the code that indicates recommendations for outstanding sections. At the work session, this table will be reviewed with the council and updated sections of the code provided. Requested Council Direction Staff is requesting council direction on whether to prepare the final code document for submission to the codifiers for printing after which the code will be presented to the council for a public hearing and adoption. Attachments Updated Schedule for City Code Project Updated Table of Contents Remainder of updated pages for city code 2 • • • • Updated March, 2009 Schedule for Council Review -- Cit Code Pro'ect Work sessions - November, 2008 through April 2009 November 2008 • Staff explains code update project • Council receives draft code and proposed schedule • Council instructed to review non - substantive changes (green) independently December 2008 ❖ Staff receives suggestions or questions on council's initial review of draft code • Staff begins review of policy areas (yellow or red) January - April 2009 • Staff continues review of policy areas (yellow or red) • City attorney recommendations available for discussion • Draft code is finalized for submission to codifier (contract allows codifier 90 days to prepare final draft) City council meetings July 13, 2009 ❖ Public hearing on updated code • First reading of ordinance enacting new code July 27, 2009 • Second reading of ordinance enacting new code • If approved, ordinance is published and code becomes effective 30 days later • Staff will forward any changes to codifier for incorporation into final document September, 2009 • New code is in place and on -line • Develop system to provide for constant updating of code; staff training on use of on -line code and preparation of amendments; prepare system to submit changes to American Legal • • t Updated 3/31/09 LINO LAKES CITY CODE TABLE OF CONTENTS = Chapters are either unchanged or contain general non - substantive revisions; please review these sections independently = Chapters contain possible policy changes that staff would like to review with the council at upcoming work sessions = Chapters contain possible policy changes and are under further internal or legal review; chapters may still be amended so council need not review these until final language is presented Chapter TITLE 100: GENERAL PROVISIONS statilk TITLE 200: COUNCIL AND ADMINISTRATION 201. City Charter - Public Availability 202. Council and Commission Procedures 203. Council Compensation 204A. Code of Conduct 205. City Administrator 206. Officer and Employee Bonds 207. Personnel Policy 208. Police Department 209. Emergency Management 210. Advisory Commissions 211. Parks and Recreation Board 212. Planning and Zoning Board 213. Unclaimed Property 214. Recovery of Costs 215. Reserved 216. Campaign Contributions Report Required 217. Environmental Board 218. Fee Schedule TITLE 300: PUBLIC PROPERTY AND IMPROVEMENTS 301. Public Parks and Grounds 302. Street Construction Standards 303. Local Improvement Procedure 304. Right of Way TITLE 400: WATER AND SEWER 401. Municipal Water System 402. Sanitary Sewer System 403. Individual Sewage Treatment Systems 610. Shooting Range 611. Lawful Gambling Council requested change in Section 611.11 increasing amt of profit to be spent in trade area from 10 to 50 s ercent or ° anizations notified) 2 Lino Lakes - Table of Contents TITLE 500: GENERAL REGULATIONS • 501. Curfew for Minors 502. Animal Control Regulations 503. Animal Control Farm Animals 504. Firearms —� 505....41ROLLAUMAII Fire Chief Streich of Centennial Fire District has reviewed and proposed updates to this chapter. 506. Reserved 507. Solid Waste Collection 508. Regulating the Use of Burglar and Safety Alarms, Establishing User's Fees and Establishing a System of Administration 509. Ultimate Fighting TITLE 600: BUSINESS AND ACTIVITY LICENSES 601. Licenses 602. Regulating the Sale, Possession and Use of Tobacco Products and Tobacco Related Devices 603. Taxicab Service 604. Taxicab Drivers 605. Contractors 606. Large Assemblies 607. Reserved 608. Public Dancing 609. Reserved Clerk and Police Chief concur that this section needs more work; recommend keep current regulations and bring forward an update in the future 613. Transient Merchant, Peddler, Canvasser and Solicitor Section needs more work; recommend keep current regulations and bring forward an update in the future 615. Special Events TITLE 700: LIQUOR AND BEER 701. Liquor Licensing 702. Beer Licensing 703. Cabaret Licensing 1 • • Table of Contents 3 TITLE 800: TRAFFIC 801. Weight Restrictions 802. Parking 803. Exhibition Driving 804. Street Obstruction 805. Driving Offenses 806. General Provisions and Penalties 807. Operation of Snowmobiles and All- Terrain Vehicles 808. Motorized Watercraft TITLE 900: NUISANCES 901. General Nuisances 902. Tree Diseases 903. Nuisance Abatement Procedure 904. Weeds and Grass Declared to be a Nuisance - TITLE 1000: LAND USAGE 1001. Subdivision Regulations The council approved an update to this Chapter on Feb 23, 2009 1002. Fire Code Fire Chief Streich of Centennial Fire District has reviewed and proposed updates to this chapter. 1003. Building Code The council approved an update to this Chapter on Oct 27, 2007 1004. Restrictive Soils Approved as is by Community Development Director 1005. Removal of Topsoil Deleted per Community Development Director 1006. Building Number Approved "as is" by Community Development Director 1007. Zoning Code Will not be updated with Code Project (will be completed at a later date based on comprehensive plan) 1008. Shade Trees Approved "as is" by Community Development Director 1009. Housing Maintenance Code The council approved as a new Chapter on Aug 13, 2007 1010. Signs The council approved an update to this Chapter on April 14, 2008 -> TITLE 1100: SHORELAND AND FLOOD PLAIN MANAGEMENT 1101. Reserved 1102. Shoreland Management Overlay Community Development staff has reviewed and proposed updates to this chapter 1103. Flood Plain Management Community Development staff has reviewed and proposed updates to this chapter 4 Lino Lakes - Table of Contents Table TABLE OF SPECIAL ORDINANCES I. Sale, Conveyance, or Exchange of Property II. Franchises III. Vacations IV. Easements V. Zoning PARALLEL REFERENCES References to Minnesota Statutes References to Minnesota Rules References to Minnesota Regulations References to Prior Code of Ordinances References to Resolutions References to Ordinances INDEX • a • 1 • Section 505.01 505.02 505.03 505.04 505.05 505.06 505.07 CHAPTER 505: OPEN BURNING UPDATED BY FIRE CHIEF STREICH IN FEBRUARY 2009 Purpose Definitions Prohibited materials Statutes adopted by reference Open burning permits Burning ban or air quality alert Violation § 505.01 PURPOSE. The purpose of this chapter is to establish permitted categories of open burning events within the city and provide for a permitting process for open burning, except when the open burning is defined as a recreational fire, as defined in this chapter. (Prior Code, § 505.01) (Ord. 11 -00, passed 8 -14 -2000) § 505.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF, FIRE MARSHAL and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal and Assistant Fire Marshals of the Centennial Fire District, who - - - - • " - - • •• - - - ' - - - are acting in good faith to enforce the Minnesota State Fire Code and local ordinances. OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a recreational fire as defined herein. RECREATIONAL FIRE. A fire set with approved starter fluid no more than 3 feet in height, 3 feet in diameter and contained within the a non - combustible border of a recreational fire site using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation or social purposes; extinguished completely before quitting the occasion; and Lino Lakes - General Regulations respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers and propane gas devices are not defined as recreational fires. RECREATIONAL FIRES can only burn between 11:00 a.m. and 3:00 a.m. Monday through Sunday, and no more than one RECREATIONAL FIRE is allowed on any property at one time. RECREATIONAL FIRE SITE. An area of no more than 3 foot diameter circle (measured from the inside of the fire ring or border completely surrounded by non - combustible and non -smoke or odor - producing material either of natural rock, cement, brick, tile or blocks or ferrous metal only and which area is depressed below ground, on the ground or on a raised bed). Included are permanent outdoor woodburning fireplaces. Burning barrels are not a RECREATIONAL FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure or urban wetland interface. STARTER FUELS. Dry, untreated and unpainted kindling, branches or cardboard, or charcoal fire starter. Paraffin candles and alcohols are permitted as STARTER FUELS and as aids to ignition only. Propane gas torches or other clean gas- burning devices causing minimal pollution must may be used to start an open burn. WOOD. Dry, clean fuel such as twigs, branches, limbs "presto logs," charcoal, cord wood or untreated dimensional lumber. WOOD does not include wood that is green, with leaves or needles, rotten, wet oil soaked or treated with preservatives. Clean pallets may be used for recreational fires when cut into 3 foot lengths. (Prior Code, § 505.02) (Ord. 11 -00, passed 8 -14 -2000) § 505.03 PROHIBITED MATERIALS. No person shall conduct, cause or permit any of the following material: (1) Oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint filters; (2) Hazardous waste or salvage operations or open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition or commercial or institutional structures; (3) Discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food; or (4) Leaves or grass clippings. (Prior Code, § 505.03) (Ord. 11 -00, passed 8 -14 -2000) 1 • t Open Burning § 505.04 STATUTES ADOPTED BY REFERENCE. M.S. §§ 88.16 through 88.22, as they may be amended from time to time, are incorporated by reference in this chapter as if fully set forth herein. In the event of any inconsistency between this chapter and the sections of Minnesota Statutes, the provision that places the greater restrictions or the higher standard shall apply. (Prior Code, § 505.04) (Ord. 11 -00, passed 8 -14 -2000) § 505.05 OPEN BURNING PERMITS. (1) Permits required. No person shall start or allow any open burning anywhere within the city without first having obtained a permit, except that a permit is not required for any fire which is a recreational fire, as defined in § 505.02. (2) Purposes allowed for open burning. Open burn permits may be issued only for the following purposes: (a) Elimination of fire or health hazard that cannot be abated by other practical means; (b) Ground thawing for utility repair and construction; (c) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights -of -way where chipping, composting, land spreading or other alternative methods are not practical; (d) Disposal of diseased trees generated on site, diseased or infected nursery stock, or diseased bee hives; or (3) Permit application for open burning and permit fees. (a) Open burning permits shall be obtained by making application on a form Resources (DNR) adopted by the Centennial Fire District. The permit application shall be presented to the Fire Chief, Fire Marshal or an Assistant Fire Marshal. Each application shall be accompanied by a fee, as set annually by City Council resolution. (b) Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire Marshal or Assistant Fire Marshal may will schedule a preliminary site inspection to locate the proposed burn site, note special conditions, set dates and times of permitted burn and review fire safety considerations. burn Lino Lakes - General Regulations (c) If established criteria for the issuance of an open burning permit are not met, or, during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the official reviewing the application, the official may deny the application for the open burn permit. (4) Permit holder responsibility. (a) Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder. The open- site attendant shall have available appropriate communication and fire suppression equipment as - _ . - - - _ _ - - - • _ - _ _ - on site at all times. (b) The open burn shall be completely extinguished before the permit holder leaves the site. No fire may be allowed to smolder with no flame present. It is the responsibility of the permit holder to have a valid permit, as required by this section, available for inspection on the site at all times. (c) The permit holder is responsible for the compliance and implementation of all general conditions, special conditions, and the burn event safety plan as established in the permit issued. The permit holder shall be responsible for all costs incurred as a result of the burn, including, but not limited to, fire suppression and administrative fees. (5) Revocation of open burning permit. The open burning permit is subject to revocation at the discretion of a DNl forest officer, -ar the Fire Chief, Fire Marshal, or Assistant Fire Marshal. Reasons for revocation include, but are not limited to: a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. (Prior Code, § 505.05) (Ord. 11 -00, passed 8 -14 -2000) § 505.06 BURNING BAN OR AIR QUALITY ALERT. No recreational fire or open burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert. (Prior Code, § 505.06) (Ord. 11 -00, passed 8 -14 -2000) § 505.07 VIOLATION. Any violation of the provisions of this chapter, or of the terms of any permit issued pursuant to this chapter, shall be a misdemeanor. Each day a violation exists shall be a separate violation. (Prior Code, § 505.07) (Ord. 11 -00, passed 8 -14 -2000) • f • • Lino Lakes - Business and Activity Licenses within the city for at least two (2) years immediately preceding application for a license. Any organization that purports to meet one of the conditions set forth above shall certify in writing on its application which condition or conditions are being met. EXPLANATION: THIS LANGUAGE IS IN OUR CURRENT CODE - IT REPRESENTS THE CITY'S OWN RESTRICTIONS. THE CHANGE REPRESENTS THAT THE STATE ISSUES GAMBLING LICENSES SO THE CITY DOES NOT HAVE THE AUTHORITY TO DENY REQUESTS BUT CAN PLACE RESTRICTIONS ON LOCAL APPROVAL. 611.06 Limitation of Gambling Licenses. No organization shall be meted considered for local consent to conduct gambling in more than three (3) establishments within the city. Further, for local consent, only one (1) organization shall be permitted to operate or sell lawful gambling devices at an owned or leased establishment. EXPLANATION: THIS LANGUAGE IS IN OUR CURRENT CODE — IT REPRESENTS THE CITY'S OWN RESTRICTIONS; THE CHANGE REPRESENTS THAT THE STATE ISSUES GAMBLING LICENSES SO THE CITY DOES NOT HAVE THE AUTHORITY TO DENY REQUESTS BUT CAN PLACE RESTRICTIONS ON LOCAL APPROVAL. 611.07 Council Approval. Lawful gambling, as authorized by Minnesota Statutes, Sections 349.11 through 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this ordinance and state law. MODEL CODE LeaseT monthly OUTDATED LANGUAGE ee($600.00) -dollars -Said- y 611.08 Application and Local Approval of Premises Permit. (A) Application. Any organization seeking to obtain a premises permit or renew a premises permit from the Board shall file with the city clerk an executed, completed duplicate application together with all exhibits and documents. (B) Police Department Review. Upon receipt of an application for issuance or renewal of a premises permit, the city clerk shall transmit the application to the chief of police for review and recommendation. The chief of police shall provide a recommendation as soon as possible but in no event later than 30 days following receipt of the application. (C) Council consideration. The council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. (D) Disapproval. The council may disapprove an application or issuance or renewal of a premises permit for any of the following reasons: Gambling 1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years; 2) Violation by the on -sale establishment, or organization leasing the premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including but not limited to laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years; 3) Operation of gambling at the site would be detrimental to the health, safety and welfare of the communication. MODEL CODE 611.09 Notification of Material Changes to Application. An organization holding a state issued premises permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten (10) days of the change. MODEL CODE 611.10 Local Gambling Tax. (A) A local gambling tax of three (3) percent is imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization to be used only by the city to cover the costs of regulating lawful gambling. (B) The tax shall be paid by the organization on a monthly basis and shall be reported on a copy of the monthly gambling activity summary and tax return filed with the Minnesota Department of Revenue. The report shall be an exact duplicate of the report filed with the Department and must contain the signatures of organization officials as required on the report form. (C) The tax return and payment of the tax due must be postmarked or received in the office of the city clerk on or before • - - . - • - _ _ _ which tihee-reepor is made 2nd day of the second month following the reportable month. EXPLANATION: CHANGED TO MATCH THE REPORTING REQUIREMENT IN SECTION 611.13. (D) An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. (ALL OF SECTION 611.10 - UPDATED LANGUAGE FROM MODEL CODE BUT STILL INCLUDES OUR CURRENT CODE REQUIREMENTS. THE ADDED LANGUAGE CONFIRMS THE STATE REQUIREMENT ABOUT HOW TAXES IMPOSED BY THE CITY CAN BE USED). 611.11 Profits from Gambling. During any year that an eligible organization is licensed to conduct gambling events, not less than tee (10) fifty (50) percent of the net profits • • a 1000: LAND USAGE Chapter 1001. SUBDIVISION REGULATIONS 1002. FIRE CODE 1003. BUILDING CODE 1004. RESTRICTIVE SOILS 1005. REMOVAL OF TOPSOIL 1006. BUILDING NUMBER 1007. ZONING CODE 1008. SHADE TREES 1009. HOUSING MAINTENANCE CODE • M CHAPTER 1001: SUBDIVISION REGULATIONS New chapter approved by Council on February 23, 2009 • • t f Section CHAPTER 1002: FIRE CODE Fire Code 1002.01 Uniform Fire Code Adoption 1002.02 Definitions 1002.03 Application, Administration, and Enforcement 1002.04 Permits and Fees 1002.05 Penalties 1002.06 Ordinance Self- Perpetuating Fireworks 1002.10 Generally 1002.11 Purpose 1002.12 Definition 1002.13 Sale of fireworks 1002.14 Permit application 1002.15 Permit fee 1002.16 Terms and conditions for issuance of permit 1002.17 Discharge rules and regulations 1002.18 Fireworks - other 1002.19 Permit denial, suspension and revocation 1002.20 Validity 1002.21 Efe^�-d Penalties 1002.22 Fees FIRE CODE § 1002.01 UNIFORM FIRE CODE ADOPTION. 63 64 Lino Lakes - Land Usage The Minnesota Uniform State Fire Code, as adopted pursuant to M.S. 299F.011 as it may be p P � Y amended from time to time, and as modified by Minnesota Rules, Chapter 7511, shall be applicable within the City of Lino Lakes. § 1002.02 DEFINITIONS. (1) Whenever the word JURISDICTION is used in the Minnesota State Fire Code, it shall mean the City of Lino Lakes. (2) Whenever the term THIS CODE is used in the Minnesota State Fire Code or this ordinance, it shall mean the code adopted pursuant to this ordinance. (3) Whenever the term FIRE DEPARTMENT is used, it shall mean the Centennial Fire District. § 1002.03 APPLICATION, ADMINISTRATION, AND ENFORCEMENT. The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Fire Code. (1) The chief of the Centennial Fire District is authorized to enforce the provisions of the 0 Minnesota State Fire Code and this chapter. (2) The chief of the Centennial Fire District may detail such members of the fire department as may be necessary to administer and enforce the provisions of this chapter. § 1002.04 PERMITS AND FEES. The issuance of permits and the collection of fees shall be assessed for work governed by this code in accordance with the city's adopted fee schedule and as set forth in the Minnesota State Fire Code. § 1002.05 PENALTIES. A person who violates the provisions of the Minnesota State Fire Code or this chapter after being given written notice shall be guilty of a misdemeanor. Each day's violation after notice thereof shall constitute a separate offense. § 1002.06 CHAPTER SELF PERPETUATING. This chapter shall perpetually include the most current edition of the Minnesota State Fire Code. (Ord. 10 -07, adopted 8- 27 -07, am Ord. 12 -00, passed 8 -14 -2000 -- THIS CHAPTER THAT 0 INSTITUTES THE STATE FIRE CODE AS THE CITY'S FIRE CODE, WAS PASSED BY THE COUNCIL IN 2007 • • 66 Lino Lakes - Land Usage FIREWORKS § 1002.10 GENERALLY. (1) Fireworks are regulated by M.S. 624.20, as it may be amended from time to time. (2) In addition to these regulations all display, sales, storage, and use of consumer fireworks shall comply with this fire regulation. (Ord. 06 -02, passed 5 -28 -2002) § 1002.11 PURPOSE. Due to the inherent risks of fire and injury to persons and property associated with the sale, possession and use of fireworks, the City Council has determined that it is necessary and in the interest of public health, safety and welfare to establish reasonable regulations concerning fireworks. (Ord. 06 -02, passed 5 -28 -2002) § 1002.12 DEFINITION. For purposes of this section, the following definitions shall apply: CONSUMER FIREWORKS are as defined warns of-mixture per i� _ - - _ ' - • _ ' _ and contain -7 tubes, snakes, devices, -eF _ _ - • _ - - . _ . _ - -paper streamers, subd (a), (b) and (c). CONSUMER FIREWORKS RETAIL SALES AREA. The portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public. Examples of this would be the fireworks display area inside a mercantile occupancy that is not in the sole business of selling consumer fireworks. CONSUMER FIREWORKS RETAIL SALES STAND. A temporary or permanent building or structure that has a floor area not greater than 800 ft2, other than tents, canopies, or membrane structures that is used •rimaril for the retail dis•la and sale of consumer fireworks to the public. in Minnesota Statutes, Chapter 624.20, CONSUMER FIREWORKS RETAIL SALES FACILITY. A •ermanent or tem•ora building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily . for the retail display and sale of consumer fireworks to the public. Fire Prevention Code 67 CONSUMER FIREWORKS. Small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission (CPSC), as set forth in CPSC 16 CFR 1500 and 1507, 49 CFR 172, and APA Standard 87 -1, Standard for the Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics. STORE. A building classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks. TEMPORARY. As applied to buildings or structures: a building or structure not meeting the definition for permanent structure. As applied to electrical power and wiring: electrical service in use or in place for a period of 90 consecutive calendar days or less. FLAME BREAK. A solid material without holes or other openings, used to retard the spread of flame. § 1002.13 SALE OF FIREWORKS. It is unlawful for any person to sell, offer for sale, expose for sale, sell at retail or wholesale, or make any public display of any consumer fireworks in the City of Lino Lakes without a permit. The sale, use, and possession of all fireworks in violation of M.S. §§ 624.20 through 624.25 • inclusive, as they may be amended from time to time, which are adopted herein by reference, is prohibited. (Ord. 06 -02, passed 5 -28 -2002) § 1002.14 PERMIT APPLICATION. The application for the permit for the storage and sale of consumer fireworks shall be made to the Fire - Marshal City Clerk and shall include: (1) A criminal records check and determination by the Firo Marshal fire chief or designee that the location where the fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the fireworks are competent and trained to handle fireworks must be made prior to processing the application. (2) The application for permit shall be accompanied by a letter from the person legally responsible for the property on which the sale is to take place. The letter shall grant permission to the applicant for the use of the property. The application shall include a floor plan designating the area for storage or display along with a list documenting the name, weight, and quantity of fireworks within the building and be accompanied by the material safety data sheets. (3) Applications must be made a minimum of 10 days prior to operating. Any permit granted • hereunder shall be nontransferable. Prior to the issuance of a permit, the premises must shall be inspected and approved by the city fire code official. • t s 68 Lino Lakes - Land Usage (Ord. 06 -02, passed 5 -28 -2002) § 1002.15 PERMIT FEE. The fee for the permit shall be that as provided in the current city fee schedule. (Ord. 06 -02, passed 5 -28 -2002) § 1002.16 TERMS AND CONDITIONS FOR ISSUANCE OF PERMIT. A permit for storage or retail sale of common fireworks shall be issued only upon the following terms and conditions. (1) Neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to; or a fire fireworks - related misdemeanor within the last 3 years. FIRE CHIEF RECOMMENDS REMOVAL BECAUSE IT EXCEEDS THE REQUIREMENTS FOR OTHER TYPES OF SALES. THE GENERAL CONCENSUS IS THAT "CONSUMER FIREWORKS" ARE NO MORE DANGEROUS THAN OTHER ITEMS WITHIN THE RETAIL STORE SUCH AS LIGHTER FLUID, OIL, ETC INSURANCE IS STILL A REQUIREMENT FOR A PUBLIC DISPLAY OF FIREWORKS. (2) The applicant's location or place of business shall be only in those areas or zones within the city wherein commercial or industrial activities are authorized under the applicable zoning laws of the city. Transient sales of fireworks are not permitted. No sales or storage for commercial use shall occur on residentially zoned property or properties used for educational purposes or assemblies. (3) Firework storage or sales areas shall provide approved "no smoking" signs in red letters not less than 2 inches in height on white background. All signs shall be maintained in legible condition. (4) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are stored or sold. (5) Each permit holder shall have not less than 2 water -type or equivalent extinguishers of not less than 2 -1/2 gallon capacity. (6) There shall be at least 2 exits from all buildings from which fireworks are stored or sold. (7) In buildings without an approved automatic sprinkler system, retail consumer fireworks Fire Prevention Code 69 indoor sales displays shall be limited to 50 pounds net pyrotechnic composition or 200 pounds gross weight, if the pyrotechnic composition weight in not known. (8) Buildings protected throughout by an approved automatic sprinkler system shall be limited to 100 pounds net, or 400 pounds gross weight if the pyrotechnic composition weight is not known. (9)Warehouse buildings or retail in excess of the quantities listed in divisions (8) and (9) for retail consumer fireworks shall be classified as an "H" occupancy with explosives and aerosols. (10) The license must be publicly displayed on the licensed premises. The premises are subject to inspection by city employees including police officers during normal business hours. (11) Storage for consumer fireworks must be in compliance with the Uniform Minnesota State Fire Code. The premises must be in compliance with the Ur:140.FM Minnesota State Fire Code and Uniform Building Code. (12) Consumer fireworks shall not be sold to persons under the age of 18. (13) Consumer fireworks shall not be used on public property. (Ord. 06 -02, passed 5 -28 -2002) § 1002.17 DISCHARGE RULES AND REGULATIONS. (1) It is unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district. (2) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, or other thing or object. (3) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours. (4) Fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire. (5) The Fire Chief may ban fireworks or shorten the season of the fireworks discharge if a drought is evident or any equitable need for safety arises. (6) Juveniles may not possess fireworks unless under the direct supervision of a responsible adult. (Ord. 06 -02, passed 5 -28 -2002) § 1002.18 FIREWORKS - OTHER. Materials which violate this subchapter or state statute and pose a threat to public safety may be 1 1 • • 70 Lino Lakes - Land Usage confiscated and destroyed. Costs associated with disposal shall be assessed back to the property. (Ord. 06 -02, passed 5 -28 -2002) § 1002.19 PERMIT DENIAL, SUSPENSION AND REVOCATION. The fire chief or designee may suspend or revoke any permit granted herein for a violation of any term of this subchapter. Any person whose permit has been suspended or revoked or any person whose permit application has been denied may request a review of that determination by the City Council. The request for review shall be in writing and filed with the City Clerk. The City Clerk shall place the review request on the agenda for the next regularly scheduled Council meeting. Upon review, the City Council shall affirm or overrule the initial determination to deny, suspend, or revoke. (Ord. 06 -02, passed 5 -28 -2002) § 1002.20 VALIDITY. The Lino takes hereby declares that Should any section, sentence or word of this subchapter or code herein adopted be declared for any reason to be invalid, it is the intent of the Lino Lakes City Council that they would have passed all other portions of this subchapter independent of any section as may be declared invalid. (Ord. 06 -02, passed 5 -28 -2002) § 1002.21 EFFECTIVE DATE.PENALTIES becomes e e ►ed-iately- pen- passage— Violations of these fire rules are misdemeanor offenses requiring a court appearance and punishable by fines up to $1,000 and /or 90 days in jail. (Ord. 06 -02, passed 5 -28 -2002) §-2 FEES. Fireregulation-as--alowed"'bit e AAin' -fGliewed' ' -Ged'o' doptitln. Regulatory-Costs oaf Plan Review initial--Inspection Disposal fund- fee $200 Fire Prevention Code 71 Police e Inspection $200 Total (Ord 06 02, passed 5 28 2002 STATE LAW DOESN'T ALLOW THESE FEES • 1 • CHAPTER 1003: BUILDING CODE ORDINANCE UPDATING AND APPROVING NEW LANGUAGE WAS APPROVED BY THE COUNCIL ON OCTOBER 27, 2007 • • Section 1004.01 1004.02 1004.03 1004.04 1004.05 1004.06 1004.07 1004.08 1004.09 1004.10 1004.11 1004.12 CHAPTER 1004: RESTRICTIVE SOILS Legislative findings and purpose District boundaries Definitions Restrictive soils permit Exceptions Application for and processing of permit Permit standards Special conditions Time of permit — extensions; renewals Responsibility Variance Soil types § 1004.01 LEGISLATIVE FINDINGS AND PURPOSE. (1) Findings. The city finds that areas within the city are characterized by certain soil types, slopes, and water levels which, without proper corrective action, are unsuitable for development. Inappropriate development in these areas increases soil erosion and sedimentation, the introduction of toxic materials into ground water encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies; thereby acting to the detriment of the health, safety, and welfare of the citizens of the city. (2) Purpose. To provide for the regulation of development on restrictive soils in a way as to minimize the risk of environmental damage and to protect private homeowners and governmental units from incurring high maintenance and capital costs resulting from the necessity to correct deficiencies encountered as a result of development on poorly suited soils. (Prior Code, § 1004.01) § 1004.02 DISTRICT BOUNDARIES. This chapter shall apply to restrictive soils types as described and defined in § 1004.12 herein, and which soils districts are as a guideline specifically delineated on the official Soil Resource Guide of the city prepared by the Anoka Soil and Water Conservation District. For purposes of determining the application of this chapter to any particular parcel of land, the Soil Resource Guide shall be on file in the office of the Clerk Treasurer city engineer and shall be available for inspection and copying during regular office hours of the Clerk Treasurer city 75 76 Lino Lakes - Land Usage S engineer; however, a reasonable fee for copies made by the Clerk Treasurer city clerk shall be charged, which fee shall be set by the Council by resolution from time to time. (Prior Code, § 1004.02) § 1004.03 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEVELOPMENT. The construction, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial aquatic vegetation, land or the course current or cross section of any water body or water course or the division of land into 2 or more parcels. DIMENSIONAL REQUIREMENT. Minimum and maximum setbacks, yard requirements or structure height or size restrictions established in Zoning Chapter, and any amendments thereto. SOILS WITH HIGH FROST ACTION POTENTIAL. Soils which are susceptible to changes in volume during periods of frost, including those soils listed at § 1004.12 hereof. SOILS WITH HIGH SHRINK SWELL POTENTIAL. Soils which are susceptible to changes in lib physical volume when moistened, including those soils listed at § 1004.12 hereof. SOILS WITH HIGH SIDE SEEPAGE POTENTIAL. Soils of the fragipan nature, including those soils listed at § 1004.12 hereof. SOILS WITH SLOW PERMEABILITY. Soils which have a permeability rate between 60 and 120 minutes per inch, including those listed at § 1004.12 hereof. SOILS WITH VERY SLOW PERMEABILITY. Soils which have a permeability rate below 120 minutes per inch, including those listed at § 1004.12 hereof. STEEP SLOPES. Slopes between 12 and 18 %, including all soils grouped in Anoka County Soil Survey Slope Class C. STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. VERY STEEP SLOPES. Slopes of over 18 %, including all soils grouped in Anoka County Soil Survey Slope Classes D, E, F. VERY WET SOILS. Soils located where the water table is permanently or seasonably 3 feet or less from the ground surface, including those listed at § 1004.12 hereof. WET SOILS. Soils located where the water table is permanently or seasonably 3 to 5 feet from the ground surface, including those listed at § 1004.12 hereof. • • Restrictive Soils 77 (Prior Code, § 1004.03) § 1004.04 RESTRICTIVE SOILS PERMIT. (1) Permit required. Except as hereinafter provided in this chapter, no person shall perform any development in a very severe limitation soils district without first having obtained a restrictive soils permit (hereinafter called permit) from the city. (2) Soil borings. The person performing the development shall present soil borings, percolation test, and depth to water table determination by a professional engineer, registered in the State of Minnesota and knowledgeable in soils and soil mechanics for review and recommendations of special provisions to overcome soil limitations. Any other qualified person or firm knowledgeable with State of Minnesota, Department of Health Codes and /or regulations regarding percolation data and depth of water table may perform the tests. The engineer or person or firm so qualified shall prepare his, her or its findings and recommendations in writing, which shall be submitted by the applicant to the Clerk Treasurer city engineer. The results of the tests required by this division shall be recorded upon forms to be approved by the Council, which forms shall be supplied by the Clerk Treasurer city engineer and when completed, the forms shall be filed with the Clerk Treasurer city engineer. (Prior Code, § 1004.04) § 1004.05 EXCEPTIONS. The permit requirements established by this chapter shall not apply to: (1) Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the engineer (or city building inspector) prior to the commencement of the work. The city engineer or building inspector shall review the facts and determine whether or not an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. The person commencing emergency work shall, within 10 days following the commencement of that activity, apply for the issuance of a restrictive soils development permit and on the issuance thereof may be required to perform the work as is determined to be reasonably necessary to fulfill the purposes of this chapter. (2) Development consisting of the corrective alteration, repair, or maintenance of any lawful use of land existing on the date of adoption of this chapter. (Prior Code, § 1004.05) 78 Lino Lakes - Land Usage § 1004.06 APPLICATION FOR AND PROCESSING OF PERMIT. • (1) Separate applications. A separate application for a permit shall be made to the city for each development for which a permit is required except that only 1 application need be made for 2 or more acts which are to be done contemporaneously on the same parcel. The application shall include a map of the site and delineation of the soils found in the site along with a plan and cost estimate of the proposed development and any other engineering data surveys and other information and material as the city may require in order to determine the effects of the development on the affected land and the suitability of the soils for the development. When proposed development includes construction or alterations of structures, 2 sets of plans and specifications for the work shall be submitted with the application along with detailed drawings of any special foundation structures and /or special provisions for onsite sewage disposal. (2) Processing. The permit application shall be processed in accordance with the procedures specified for the processing of conditional use permits as set forth in the Zoning Code and the permit may be processed at the same time and in connection with an application for a building permit or any other required permit to be granted by this code or any ordinance of the city. (Prior Code, § 1004.06) § 1004.07 PERMIT STANDARDS. (1) Standards. No permit shall be issued unless the city finds and determines that the proposed development complies with the following requirements. (a) No on -site sewage disposal systems shall be permitted on very wet soils, soils with very slow permeability unless the permit applicant proves that a conventional soil system will be successfully modified, installed, and maintained that the restrictive conditions will be overcome. (b) No commercial or industrial development shall be permitted on very steep slopes. (c) No residential development shall be permitted on very wet soils, soils with high shrink -swell or frost potential, or very steep slope unless the applicant proves the construction techniques capable of overcoming the restrictive condition will be utilized. soils. (d) Industrial uses requiring the bulk storage of chemicals will not be allowed on very wet (2) Certification. The certification of plans and specifications as adequate to overcome the restrictive condition(s) by a professional engineer, registered in the State of Minnesota and experienced and knowledgeable in soils and soils mechanics shall be required as evidence with regard to the city and the applicant's meeting of requirements (1)(a) and (c) above. (Prior Code, § 1004.07) • 1 • s Restrictive Soils 79 § 1004.08 SPECIAL CONDITIONS. (1) A permit may be approved subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this chapter. Each condition may, among other matters, limit the size, kind or character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require alterations of the site as may be necessary, require the provision of a performance bond, and /or require the conveyance to the city or other public entity of certain lands or interest therein. (2) The dimensional and area requirements of the underlying restrictive soils types and soil district(s) may be modified in furtherance of the purposes of this chapter. (Prior Code, § 1004.08) § 1004.09 TIME OF PERMIT - EXTENSIONS; RENEWALS. All timing, extensions, and renewals are to be consistent with the building permit procedures. (Prior Code, § 1004.09) § 1004.10 RESPONSIBILITY. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this chapter shall not relieve the permittee of the responsibility in complying with any other requirements established by law, ordinance, or regulation. (Prior Code, § 1004.10) § 1004.11 VARIANCE. The Council may authorize in specific cases following appeal and hearing a variance from the provisions of this chapter would result in a substantial inequitable hardship to an applicant property owner. In assessing hardship, the Council shall balance the severity of the physical, social, and economic effects of the literal application against the interests of the city in effecting the purposes of this chapter as expressed above. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of this chapter. No variance may be granted which would allow any use that is prohibited in the zoning district in which the subject property is located. A variance shall be granted in writing accompanied by specific findings of fact as to the necessity for the granting of the variance and its specific provisions. (Prior Code, § 1004.11) 80 Lino Lakes - Land Usage § 1004.12 SOIL TYPES. (1) Soils with very severe limitations. (a) Very wet soils. 1964 Photo Base 1971 Photo Base Name 20 Af Mixed Alluvial Land Flash Flooded 53 Mc Marsh 75 Lg Loamy wetland 540 Se Seeleyville muck 541 Rf Rifle mucky peat 543 Ma Markey muck 544 Cb Cathro muck 545 Ru Rondeau muck 551 Mk Millerville mucky peat 161 Iw Isanti fine sandy loam (b) Very slow permeability. 1964 Photo Base 1971 Photo Base Name 551 Mk Millerville mucky peat (c) Soils with high shrink -swell potential. 1964 Photo Base 1971 Photo Base Name 540 Se Seeleyville muck 541 Rf Rifle mucky peat 545 Ru Rondeau muck 551 Mk Millerville mucky peat • • 1 t Restrictive Soils 81 (d) Soils with high frost action potential. 1964 Photo Base 1971 Photo Base Name 53 Mc Marsh 540 Se Seeleyville muck 541 Mk Millerville mucky peat 543 Ma Markey muck 545 Ru Rondeau muck 551 Mk Millerville mucky peat (e) Very steep slopes. All soils grouped in the Anoka County Soil Survey in the slope classes D, E, and F. (2) Soils with marginal limitations. (a) Wet soils. 1972 Classification 1975 Classification Name 85 Lb Lake beach 113 Wb Webster loam 114 Gc Glencoe loam 123 Du Dundus loam 161H Kr Kratka loamy fine sand 162 Ln Lino loamy fine sand 170 Bm Blomford loamy fine sand 185 Lb Lake beaches loamy 224 No Nowem sandy loam 82 Lino Lakes - Land Usage (b) Slow permeability. 1972 Classification 1975 Classification Name 113 Wb Webster loam 123 Du Dundus loam 152 Km Kingsley fine sandy loam (c) Soils with high frost action potential. 1972 Classification 1975 Classification Name 544 Cb Cathro muck (d) Soils with high side seepage potential. 1972 Classification 1975 Classification Name 152 Km Kingsley fine sandy loam 170 Bm Blomford loamy sand 179 Lg Langola loamy sand (e) Steep slopes. All soils grouped in the Anoka County Soil Survey in slope class C. (Prior Code, § 1004.12) al CHAPTER 1005: REMOVAL OF TOPSOIL CHAPTER TO BE DELETED IN ITS ENTIRETY, PER COMMUNITY DEVELOPMENT DIRECTOR • • • Building Number 85 CHAPTER 1006: BUILDING NUMBER Section 1006.01 Building numbers required 1006.02 Alternative display 1006.03 City action § 1006.01 BUILDING NUMBERS REQUIRED. It shall be the duty of the owner, lessor, or occupant of every house, industrial, commercial, or other building to have proper house or building numbers either by affixing to the building the numbers in metal, glass, plastic, or other durable material. The numbers shall not be less than 4 inches in height, in a contrasting color to the base. The numbers shall either be lighted or made of some reflective materials and so placed to be easily seen from the street. (Prior Code, § 1006.01) § 1006.02 ALTERNATIVE DISPLAY. In those cases where the principal building is obscured from view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed from a permanent mounting on the property so that they are clearly visible from the street of address. (Prior Code, § 1006.02) § 1006.03 CITY ACTION. Upon the failure of any owner or occupant to properly display an assigned number in accordance with the provisions of this chapter and after 10 days notice of the violation by city officials, the city may cause the installation of the assigned number and, in that case, the Council shall charge the reasonable cost of the installation against the property to be collected in accordance with the city's normal billing procedures. (Prior Code, § 1006.03) • • CHAPTER 1007: ZONING THIS CHAPTER WILL NOT BE UPDATED AS PART OF THE CODE PROJECT BUT WILL BE AMENDED BASED ON COMPREHENSIVE PLAN UPDATE 0 • • CHAPTER 1008: SHADE TREES Section 1008.01 Purpose 1008.02 Short title 1008.03 Definitions 1008.04 Creation and establishment of City Tree Board 1008.05 Duties and responsibilities 1008.06 Operation 1008.07 Appointment and qualifications of city forester 1008.08 Authority of city forester 1008.09 Permits required 1008.10 Public tree care 1008.11 Abuse or mutilation of public trees 1008.12 Protection of trees 1008.13 Violation and penalty 1008.14 Legality of chapter and parts thereof § 1008.01 PURPOSE. A chapter regulating the planting, maintenance, and removal of trees and shrubs in the public streets, and other municipal owned property: (1) Establishing a Shade Tree Board and establishing the office of forestry as the agencies prescribing regulations relating to the planting maintenance, and removal of trees and shrubs in public places; (2) Providing for the issuing of permits for the planting, maintenance and removal of trees and shrubs in public places; and (3) Providing for the pruning and removal of trees on private property which endanger public safety, providing for standards and specifications of all policy concerning shade trees on public property, providing for standards and specifications of care protection policy concerning shade trees in subdivision properties, providing for standards and specification for care protection policy concerning shade trees in land disturbance areas. (Prior Code, § 1007.01) (Ord. 15 -90, passed 3 -25 -1991) § 1008.02 SHORT TITLE. This chapter shall be known and may be cited as the Shade Tree Chapter of the City of Lino Lakes, County of Anoka, State of Minnesota. (Prior Code, § 1007.02) (Ord. 15 -90, passed 3 -25 -1991) § 1008.03 DEFINITIONS. For the purpose of the chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural. CITY. The City of Lino Lakes, County of Anoka, State of Minnesota. CITY FORESTER. Municipal arborist, forester, tree warden, or other qualified designated official of the City of Lino Lakes, County of Anoka, State of Minnesota. The CITY FORESTER will be assigned to carry out the enforcement of this chapter. FORESTRY DEPARTMENT. The Department of Parks, Recreation and Forestry. LARGE TREES. Designated as those attaining a height of 45 feet or more. MEDIUM TREES. Designated as those attaining a height of 30 to 45 feet. PARK. Shall include all city parks having individual names. PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind. PRINCIPAL THOROUGHFARE. Any street upon which trucks are not prohibited. PROPERTY LINE. The outer edge of a street or highway right -of -way. This area includes the area between the curb and the platted lot line. PROPERTY OWNER. The person owning the property as shown by the County Auditor's plat of Anoka County, State of Minnesota. PUBLIC PLACE. Include all other grounds owned by the City of Lino Lakes. PUBLIC TREES. All shade and ornamental trees now or hereafter growing on • • Shade Trees any street or any public areas where otherwise indicated. SMALL TREES. Designated as those attaining a height of 20 to 30 feet. STREET or HIGHWAY. The entire width of every public way or right -of -way when any part thereof is open to the use of public, as a matter of right, for purposes of vehicular and pedestrian traffic. TREELAWN. Part of a street or highway, not covered by a sidewalk or other paving, lying between the property line right -of -way, and that portion of the street or highway usually used for vehicular traffic. (Prior Code, § 1007.03) (Ord. 15 -90, passed 3 -25 -1991) § 1008.04 CREATION AND ESTABLISHMENT OF CITY TREE BOARD. There is hereby created and established a City Tree Board for the City of Lino Lakes, State of Minnesota, which shall consist of the Park Board. (Prior Code, § 1007.04) (Ord. 15 -90, passed 3 -25 -1991) § 1008.05 DUTIES AND RESPONSIBILITIES. The duties of the City Tree Board shall be as follows. (1) To study the problems and determine the needs of the City of Lino Lakes, County of Anoka, State of Minnesota, in connection with its tree planing program. To recommend to the City Council, the type and kind of trees to be planted upon the municipal streets or parts of municipal streets or in parks as is designated. (2) To assist the City Council of the city and the citizens of the city in the dissemination of news and information regarding the selection, planting, preservation and maintenance of trees, whether the same be on private or public property, and to make recommendations from time to time to the City Council as to desirable legislation concerning the tree program and activities for the municipality. (3) To provide regular and special meetings at which the subject of trees insofar as it relates to the municipality may be discussed by the members of the City Tree Board officers and personnel of the municipality and its several divisions, and all others interested in the City Tree Program. (Prior Code, § 1007.05) (Ord. 15 -90, passed 3 -25 -1991) § 1008.06 OPERATION. Shade Trees The Board shall operate within the rules set forth by the Park Board Chapter. (Prior Code, § 1007.06) (Ord. 15 -90, passed 3 -25 -1991) § 1008.07 APPOINTMENT AND QUALIFICATIONS OF CITY FORESTER. The city forester shall be appointed by the City Council. This person shall be skilled and trained in the arts and sciences of municipal arboriculture, and shall hold a college degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry, or other closely related field as described in the job description in the city personnel files. (Prior Code, § 1007.07) (Ord. 15 -90, passed 3 -25 -1991) § 1008.08 AUTHORITY OF CITY FORESTER. The authority of the city forester shall be in accordance with the city forester job description. (Prior Code, § 1007.08) (Ord. 15 -90, passed 3 -25 -1991) § 1008.09 PERMITS REQUIRED. (1) Planting maintenance or removal. (a) No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or municipal -owned property without first obtaining a permit from the city forester or otherwise specified municipal authority. (b) The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by the city forester. (2) Planting. (a) Application data. The application required herein shall state the number of trees to be set out; the location, grade, cultivar or variety of each tree; the method of planting; and any other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued. (b) Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the city forester to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments. • • • • • Shade Trees (3) Maintenance; application data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, protected, or otherwise preserved; the kind of treatment to be administered; the composition of the material to be applied; and any other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued. (4) Removal, replanting and replacement. (a) No person or property owner shall remove a tree from the treelawn for the purpose of construction, or for any other reason without first filing an application and obtaining a permit from the city forester, and without replacing the removed tree or trees in accordance with the adopted arboricultural specifications, the replacement as provided for in a permit issued by the city forester. (b) The person or property owner shall bear the cost of removal and replacement of all trees removed. (Prior Code, § 1007.09) (Ord. 15 -90, passed 3 -25 -1991) § 1008.10 PUBLIC TREE CARE. (1) The city shall have the right to plant, prune, maintain, remove, or perform any other arboricultural practices as decided necessary within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public grounds. No other planting may be done without consent of the city forester. (2) The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. The Tree Board shall notify affected property owners of removal or trimming to be done and give the property owner the option to complete the work by contract with the city approved tree contractor. Under certain conditions, e.g.; emergency situations, the city may complete the work without prior notification to the property owner. (3) Every tree overhanging any street or right -of -way within the city shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the street or sidewalk. Dead, diseased or dangerous trees, broken or decayed limbs which constitute a menace to the safety of the public shall be removed. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility Shade Trees of any traffic control device or sign. (4) The minimum clearance of any overhanging portion is 12 feet over all streets except trunk thoroughfares which shall have a clearance of 16 feet. (Prior Code, § 1007.10) (Ord. 15 -90, passed 3 -25 -1991) § 1008.11 ABUSE OR MUTILATION OF PUBLIC TREES. (1) Unless specifically authorized by the city forester, no person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire nails, advertising posters, or other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to trees to come in contact with them; or set fire or permit any fire to burn when the fire or the heat thereof will injure any portion of any tree. (2) It shall be an unlawful practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property without authorization from the city forester. (3) Topping can be defined as severe cutting back of a branch to a stub. (Prior Code, § 1007.11) (Ord. 15 -90, passed 3 -25 -1991) § 1008.12 PROTECTION OF TREES. A tree preservation plan is to be submitted by all developers, builders and soil disturbance project area facilitates in accordance with the City of Lino Lakes Tree Preservation Administrative Guidelines Policy. (Prior Code, § 1007.12) (Ord. 15 -90, passed 3 -25 -1991) § 1008.13 VIOLATION AND PENALTY. Any person violating any provisions of this chapter shall be guilty of a misdemeanor. (Prior Code, § 1007.13) (Ord. 15 -90, passed 3 -25 -1991) § 1008.14 LEGALITY OF CHAPTER AND PARTS THEREOF. Should any section, clause, or provisions of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or parts thereof, other than the part to be declared to be valid. (Prior Code, § 1007.14) (Ord. 15 -90, passed 3 -25 -1991 • • • • • • CHAPTER 1009: HOUSING MAINTENANCE CODE ORDINANCE APPROVING THIS AS A NEW CHAPTER WAS APPROVED BY THE COUNCIL ON AUGUST 13, 2007 • • CHAPTER 1010: SIGNS ORDINANCE UPDATING AND APPROVING NEW LANGUAGE WAS APPROVED BY THE COUNCIL ON APRIL 14, 2008 • • 1100: SHORELAND AND FLOOD PLAIN MANAGEMENT Chapter 1101. RESERVED 1102. SHORELAND MANAGEMENT OVERLAY 1103. FLOOD PLAIN MANAGEMENT EXPLANATION: COMMUNITY DEVELOPMENT DIVISION HAS REVIEWED AND UPDATED CHAPTERS 1102 AND 1103; THE CHANGES HAVE BEEN APPROVED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES 1 2 Lino Lakes - Shoreland and Flood Plain Management CHAPTER 1101: RESERVED • • • • t Shoreland Management Overlay CHAPTER 1102: SHORELAND MANAGEMENT OVERLAY Section 1102.01 Statutory authorization and policy 1102.02 General provisions 1102.03 Definitions 1102.04 Administration 1102.05 Shoreland Overlay District 1102.06 Shoreland Overlay District uses 1102.07 Zoning and water supply /sanitary provisions 1102.08 Nonconformities 1102.09 Shoreland alterations 1102.10 Special provisions for commercial, industrial, public /semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat 1102.11 Water supply and sewage treatment 1102.12 Subdivision /platting provisions 1102.13 Shoreland Planned Unit Development (PUD) 1102.01 § 1102.01 STATUTORY AUTHORIZATION AND POLICY. (1) Statutory authorization. Local government units are required to adopt shoreland management ordinances in M.S. §§ 103F.201 to 103F.221, as it may be amended from time to time. This Shoreland Overlay District chapter is adopted pursuant to these authorizations and policies and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time. (2) Policies. The uncontrolled use of shorelands of the city City -of Line , affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance. the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the city -City of Lino Lakes. (Ord. 04 -95, passed 4 -10 -1995) Lino Lakes - Shoreland and Flood Plain Management § 1102.02 GENERAL PROVISIONS. (1) Jurisdiction. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in § 1102.05 and as shown on the official zoning map of the city as being located within the Shoreland Overlay District. A body of water created by a private user where there was no previous shoreland may, at the discretion of the city, be exempt from this chapter. (2) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and locations of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations. (3) Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to § 1102.04(1). (4) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The approximate boundaries of the Shoreland Overlay District are indicated on the official zoning map of the city City of e-Lakes and attachments thereto. Exact determination of the boundaries will be made by the Minnesota Department of Natural Resources, Division of Waters. (5) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. (6) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. (Ord. 04 -95, passed 4 -10 -1995) • § 1102.03 DEFINITIONS. • • Shoreland Management Overlay Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonable be located at or greater than normal structure setbacks. BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff): (a) Part of all of the feature is located in a shoreland area; (b) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (c) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and (d) The slope must drain toward the waterbody. BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff. BOATHOUSE. An accessory structure designed and used solely for the storage of boats and boating equipment. 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. CLEAR CUTTING. The removal of an entire stand of trees. COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. COMMISSIONER. The Commissioner of the Department of Natural Resources. CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the official Zoning Chapter exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood. Lino Lakes - Shoreland and Flood Plain Management DECK. A 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 more than 3 feet above the ground. DWELLING SITE. A designated location for residential use by 1 or more persons using temporary or movable shelter, including camping and recreational vehicle sites. DWELLING UNIT. Any structure or portion of a structure or other shelter designed as short - or long -term living quarters for 1 or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 9.44 to 9.51, as it may be amended from time to time. FOREST LAND CONVERSION. The clear cutting of forested land to prepare for a new land use other than reestablishment of a subsequent forest stand. HARDSHIP. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls ; the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a HARDSHIP if a reasonable use for the property exists under terms of the official controls. HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or 10 feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitch or hipped roof. INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. LOT. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used developed or built upon as a unit. LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line. NONCONFORMING USE. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. • • • Shoreland Management Overlay OPEN SPACE. Undeveloped land of the subdivided property providing visual expanses and recreational areas clear of obstructions other than natural vegetation, or structures directly related to the use and enjoyment of these spaces. Open spaces may include natural habitats, places for neighborhood recreation, and pedestrian corridors. ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. PLANNED UNIT DEVELOPMENT OVERLAY. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increase, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time -share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. PUBLIC WATERS. Any waters as defined in M.S. § 105.37 103G.005, Subd. 14and 15, as they it may be amended from time to time. RESIDENTIAL PLANNED UNIT DEVELOPMENT OVERLAY. A use where the nature of residency is nontransient and the major or primary focus of the development is not service- oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENT-OVERLAYS. To qualify as a residential PLANNED UNIT DEVELOPMENT OVERLAY, a development must contain at least 5 dwelling units or sites. RESORT PLANNED UNIT DEVELOPMENT -OVERLAY. Typically uses that provide transient, short -term lodging spaces, rooms, or parcels and their operations are essentially service - oriented. For example, hotel /motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service - oriented activities are resort planned unit developments. SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Lino Lakes - Shoreland and Flood Plain Management SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, road, highway, property line, or other facility. SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in § 1102.11 of this chapter. SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. SHORELAND. Land located within 1,000 feet from the ordinary high water level of the lakes and land located within 300 feet from the streams classified in § 1102.05 or the landward extent of a flood plain designated by ordinance 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. SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES. STEEP SLOPE. Land where 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 reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12 %, as measured over horizontal distances of 50 feet or more that are not bluffs. STRUCTURE. Any building or appurtenance, including decks, mobile homes, docks and boat launches, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease, including planned I unit developments - overlays. • r a Shoreland Management Overlay SURFACE WATER - ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of that use. WATER- ORIENTED ACCESSORY, STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonable needs to be located closer to public waters than the normal structure setback. Examples of those structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. (Ord. 04 -95, passed 4 -10 -1995) § 1102.04 ADMINISTRATION. (1) Permits required. (a) Permit required. A building permit is required for the construction of buildings or building additions (including related activities such as construction of decks and signs), the installation and /or alteration of sewage treatment systems, and a grading permit for those grading and filling activities not exempted by § 1102.09 of this chapter. Application for a permit shall be made to the Zoning Administrator on forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. (b) Permit stipulation. A building permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in § 1102.11 shall be reconstructed or replaced in accordance with the provisions of this chapter. (2) Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (1) above of this section. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 1102.02(3) of this chapter. (3) Variances. (a) Variances may only be granted in accordance with M.S. Ch. 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Zoning Administrator must also consider whether the property owner has reasonable use of the land without the variance, whether the property is Lino Lakes - Shoreland and Flood Plain Management used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. (b) The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business in Section 5, Subd. --ef the City Zoning Chapter -Or ante. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in 4102.04, Subd.1B division (4)(b) shall also include the City Council's summary of the public record /testimony and the findings of facts and conclusions which supported the issuance of the variance. (c) For existing developments, the applications for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. (4) Notification to the Department of Natural Resources. (a) Copies of all notices of any public hearings to consider variances, zoning amendments, or conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked at least 10 days before the hearings. Notices of hearing to consider proposed subdivision /plats must include copies of the subdivision /plat. (b) A copy of approved amendments and subdivisions /plats and final decisions granting variances or conditional uses in the Flood Plain or Shoreland Management Districts must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action. (Ord. 04 -95, passed 4 -10 -1995) § 1102.05 SHORELAND OVERLAY DISTRICT. (1) Establishment of Shoreland Overlay District. The public waters of the city City ef►e Lakes have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300. The Shoreland Overlay District for the waterbodies listed below is that land within 1,000 feet of the ordinary high water level of the lakes and 300 feet from a river or stream as shown on the official zoning map. • • • • Shoreland Management Overlay (a) Natural environment lakes. Natural Environment Lakes Protected Water Inventory I.D. # Ordinary High Water Level (OHWL) Unnamed 2 -1 911.5 Peltier Lake 2 -4 884.7 885.0 George Watch lake 2 -5 2 -9 Marshan Lake 2 -7 883.3 2 -13 Rice Lake 2 -8 883.1 Wards Lake 2 -10 883.7 Sherman Lake 2 -11 Cedar Lake 2 -12 892.9 Amelia Lake 2 -14 908.1 Rondeau lake 2 -15 Wilkinson lake 62 -43 895.2 (b) Recreational development lakes. Recreational Development Lakes Protected Water Inventory I.D. # Ordinary High Water Level (OHWL) Otter Lake 2 -3 911.5 Centerville Lake 2 -6 885.0 Reshanau Lake 2 -9 883.5 Baldwin Lake 2 -13 883.1 (c) General development lake. General Development Lake Protected Water inventory I.D. # Ordinary High Water Level (OHWL) Bald Eagle Lake 62 -2 911.0 Lino Lakes - Shoreland and Flood Plain Management (d) Tributary rivers and streams. Tributary Rivers and Streams Protected Watercourse Legal Description Rice Creek From Basin 740 to Basin 13 Hardwood Creek From T31 N, R22W, Sect. 12 to Basin 4 (2) Establishment of official zoning map. The official zoning map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the protected waters inventory map for Anoka County. The official zoning map shall be on file in the office of the Zoning Administrator. (3) Land use district descriptions. (a) Criteria for designation. The land use districts in division (b) below and the delineation of a land use district's boundaries on the official zoning map must be consistent with the goals, policies, and objectives of the comprehensive land use plan. (b) Land use district descriptions. The land use districts and the allowable land uses therein for the given classifications of waterbodies shall be properly delineated on the official zoning map for the shorelands of the city-City-of-Line- Lakes. The designated land use districts shall be in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3. (Ord. 04 -95, passed 4 -10 -1995) § 1102.06 SHORELAND OVERLAY DISTRICT USES. (1) Permitted uses. The permitted uses in the Shoreland Overlay District are those uses allowed and regulated by the applicable underlying zoning district as indicated on the official zoning map of the cityCity „f ino aker (2) Conditional uses. • f • t Shoreland Management Overlay (a) The conditional uses in the Shoreland Overlay District are those uses allowed and regulated on a conditional basis by the applicable underlying zoning district as indicated on the official zoning map of the city City of Lino Lakes. (sb)Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible. pollution of public waters, both during and after construction in accordance with Chapters 1001, 1005, and the zoning chapter 1007 1101-and 1105 of the City Code; limited; 2. The visibility of structures and other facilities as viewed from public waters is 3. The site is adequate for water supply and on -site sewage treatment; and 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (dc)Conditions attached to conditional use permits. The city City of Lino Lakes, upon consideration of the criteria listed above and the purposes of this chapter, shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter and the City Zoning Chapter ordinance -and Section• 5, Subd. 5 of tho These conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. Special provisions for the location, design, and use of structures, watercraft launching and docking areas, and vehicle parking areas. (ed)The City Council shall hear and decide applications for conditional uses permissible under this chapter in accordance with conditional use permit approval process of the City Code. (3) Permitted accessory uses. (a) The permitted accessory uses in the Shoreland Overlay District are those uses allowed and regulated as accessory uses by the applicable underlying zoning district as indicated on the official zoning map of the city fakes. (b) Water - oriented accessory structures are permitted when constructed in accordance with the design criteria of § 1102.07(2)(b). Lino Lakes - Shoreland and Flood Plain Management (c) Dock and boat launches are permitted provided they are constructed on the same lot as the principal structure. (4) Prohibited uses. Any uses which are not permitted or conditional uses as regulated by the applicable underlying zoning district as indicated on the official zoning map are not permitted. (Ord. 04 -95, passed 4 -10 -1995) § 1102.07 ZONING AND WATER SUPPLY /SANITARY PROVISIONS. (1) Lot area and width standards. The following standards shall apply to all lots within the Shoreland Overlay District, provided that the resulting total development density in the shoreland area does not exceed the total city -wide shoreland density allowed based on state State -of Minnesota shoreland standards. The city, in its evaluation of any development, shall evaluate the proposed development in light of the development capacity of the city -wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. (a) Residential (R -1, R -1A, R -2, R -3, R -4) Zoning Districts. NE RD GD T Lot Area per Unit: Unsewered* no unsewered in R -2, R -3, R -4 10 acres 10 10 10 zones acres acres acres Sewered abutting 20,000 ** Single- family 8,775 20,000 20,000 Two - family /duplex 6,000 8.775 8,775 Triplex/quad /townhome 6,000 6,000 Sewer non - abutting 10,800 ** Single- family 8,775 10,800 10,800 Two - family /duplex 5,000 8,775 8,775 Triplex/quad /townhome 5,000 5,000 Lot Width /Base Lot * ** Unsewered* 330 330 330 330 Sewered abutting Single- family 80 80 80 80 Two - family /duplex 130 130 130 130 Triplex/quad /townhome 130 130 130 130 Sewered non - abutting Single- family 80 80 80 130 Two - family /duplex 130 130 130 130 Triplex/quad /townhome 130 130 130 130 • Shoreland Management Overlay (b) Commercial and Industrial (NB, LB, GB, CB, SC, LI, GI) Zoning Districts. * Lot size requirement in unsewered area are delineated by the standards of the base zoning districts-in-Section , ** 3. Lot area and width requirements along rivers in sewered areas and commercial zoning districts in sewered areas will be delineated by the standards of the base zoning districts. * ** Lot widths shall be measured at both the front building setback line and at the setback from the ordinary high water level. (c) Additional special provisions. 1. Only land above the ordinary high water level of public waters and outside existing watercourses can be used to meet the lot area standards. • 2. The shoreland lot width standards must be met at both the ordinary high water level and the building setback line. NE RD GD T Lot area Unreel no unsewered commercial or 1 acre 1 acre 1 acre ** 1 acre 1- acre 1 acre 1 acre ** 1 acre 1 acre 1 acre 1 acre ** 1 acre 1 acre ** ** 1 acre industrial Sewered abutting Commercial Industrial Sewered non - abutting Commercial Industrial Lot widths * ** Uflsewered Commercial Industrial Sewered abutting Commercial Industrial Sewered non - abutting Commercial Industrial 4-00 4-50 100 150 ** 150 4-00 4-5e 100 150 ** 150 1-00 4-50 100 150 ** 150 4-00 440 100 150 ** 150 * Lot size requirement in unsewered area are delineated by the standards of the base zoning districts-in-Section , ** 3. Lot area and width requirements along rivers in sewered areas and commercial zoning districts in sewered areas will be delineated by the standards of the base zoning districts. * ** Lot widths shall be measured at both the front building setback line and at the setback from the ordinary high water level. (c) Additional special provisions. 1. Only land above the ordinary high water level of public waters and outside existing watercourses can be used to meet the lot area standards. • 2. The shoreland lot width standards must be met at both the ordinary high water level and the building setback line. Lino Lakes - Shoreland and Flood Plain Management 3. All single - family, 2- family, triplex, quadraminium, townhouse, commercial and industrial subdivisions must provide a grading and drainage plan for review and approval of the city engineer and Rice Creek Watershed District. The grading and drainage plan shall include: district; a. Compliance for the impervious surface standards of the respective zoning b. The subdivision or lot development shall provide for the collection and treatment of storm water in compliance with the Lino Lakes local storm water management plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the city engineer and the Rice Creek Watershed District; c. Measures to be taken for the treatment of storm water runoff and /or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following: or silt traps; I. Appurtenances as sedimentation basins, debris basins, desalting basins ii. Installation of debris guards and microsilt basins on storm sewer inlets; iii. Use where necessary, oil skimming devices or sump catch basins; iv. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters, and downspouts; v. Construct sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking; vi. Use grading and construction techniques which encourage rapid - infiltration; for example, sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them; and /or vii. Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area; • t t f Shoreland Management Overlay 4. Impervious surface coverage of lots must not exceed the following percentages of lot area: 5. Medium density residential, commercial, and industrial structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. 6. Accessory structures and facilities shall meet the required principal structure setback and shall be centralized. 7. Multiple - family developments shall contain open space meeting the following criteria: a. At least 35% of the total development area shall be preserved as open space; b. Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space; c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; and d. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in its natural or existing state. 8. Residential subdivisions exceeding those permitted by the lot area standards of this section can only be allowed if designed and approved as a Residential Planned Unit Development under § 1102.13 of this chapter. NE RD GD R Single- family 30% 30% 30% 30% Two - family /duplex 30% 30% 30% 30% Triplex/quad /townhomes 35% 35% 35% 35% Commercial /industrial 60% 60% 60% 60% 5. Medium density residential, commercial, and industrial structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. 6. Accessory structures and facilities shall meet the required principal structure setback and shall be centralized. 7. Multiple - family developments shall contain open space meeting the following criteria: a. At least 35% of the total development area shall be preserved as open space; b. Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space; c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; and d. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in its natural or existing state. 8. Residential subdivisions exceeding those permitted by the lot area standards of this section can only be allowed if designed and approved as a Residential Planned Unit Development under § 1102.13 of this chapter. Lino Lakes - Shoreland and Flood Plain Management (2) Placement, design, and height of structures. (a) Placement of structures on lots. When more than 1 setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall be located as follows. 1. Structure and on -site sewage system setbacks (in feet) from ordinary high water level. Classes of Public Waters Structures Sewage Treatment System Unsewere d Sewered Lakes Natural environment Recreational development General development 150 100 75 150 75 50 150 75 50 Rivers and streams 100 50 75 . One water - oriented accessory structure exclusive of 1 dock and lake access individual lot, designed in accordance with division (2)(b) below of this chapter may be set back a minimum distance of 10 feet from the ordinary high water level. 2. Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback From: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right -of -way line of federal, state, or county highway 40 Right -of -way line of a town road, public street or other roads or streets not classified 30 3. Uses without water - oriented needs. Uses without water - oriented needs must be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. • 1 • f Shoreland Management Overlay 4. Exceptions to structure setback requirements. a. Accessory structures may be located in the front yard of lakeshore properties upon approval of a riparian lot variance. (b) Design criteria for structures. 1. High water elevations. a. Structures must be placed with the lowest floor 3 feet above the (OHW) ordinary high water level in accordance with the local water management plan for the City of Lino Lakes. b. Water- oriented structures may have the lowest floor placed lower than the elevation determined in the local water management plan if the structure is constructed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris. 2. Water - oriented accessory structures. Each lot may have 1 water - oriented accessory structure not meeting the normal structure setback in division (2)(a) above of this chapter if this water - oriented structure complies with the following provisions: a. The structure or facility must not exceed 10 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point; b. The setback of the structure or facility from the ordinary high water level must be at least 10 feet; c. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; d. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; e. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and f. Within the shoreland areas of general development and recreational development waterbodies, water - oriented accessory structures used solely for watercraft storage, and including storage or related boating and water - oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Lino Lakes - Shoreland and Flood Plain Management 3. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down steep slopes to shore areas. Stairways and lifts must meet the following design requirements: a. Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties and planned unit developments - overlays; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space recreational properties and planned unit developments overlays; c. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. Facilities such as ramps, lifts, mobility paths for, physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of division (2)(b)1. to 5. or complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 4. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 5. Steep slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. (c) Height of structures. All structures shall not exceed 36 feet in height, except churches and nonresidential agricultural structures. (Ord. 04 -95, passed 4 -10 -1995) • • • t t Shoreland Management Overlay § 1102.08 NONCONFORMITIES. All legally established nonconformities as of the date of this chapter may continue, but they will be managed according to applicable state statutes and other regulations of the city, City -of Lino Lake& for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in the Shoreland Overlay District. (1) Construction on nonconforming lots of record. (a) Lots of record in the office of the county recorder prior to the date of enactment of this chapter which do not meet the requirements of § 1102.07(1) may be allowed as building sites without variances from lot size requirements, provided: 1. This use is permitted in the underlying zoning district; 2. The lot is and has been in separate ownership from abutting lands at all times since it became substandard; 3. The lot was created compliant with official controls in effect at the time; 4. All other dimensional requirements are complied with insofar as practical; and 5. Sewage treatment and setback requirements of this chapter are met. (b) A variance from setback requirements must be obtained before any use or building permit is issued for a lot. In evaluating the variance, the City Council shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. (c) If, in a group of 2 or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section- § 1102.07(1), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal 1 or more parcels of land, each meeting the requirements of Section § 1102.07 of this chapter as much as possible. (2) Additions /expansions to nonconforming structures. (a) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to § 1102.04(3). (b) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: Lino Lakes - Shoreland and Flood Plain Management 1. The structure existed on the date the structure setbacks were established; 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. The deck is constructed primarily of wood and is not roofed or screened. (3) Nonconforming sewage treatment systems. (a) A sewage treatment system not meeting the requirements of § 1102.11 of this chapter must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (b) The governing body of the city City of Lino Lakes has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city City of ino akec will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2 years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.211, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal, method, or systems with less soils treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems shall be considered nonconforming. (Ord. 04 -95, passed 4 -10 -1995) § 1102.09 SHORELAND ALTERATIONS. Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) Vegetation alterations. (a) Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses permitted in the underlying zoning district and the construction of roads and parking areas regulated by division (3) below of this chapter are exempt from the vegetation alteration standards that follow. • Shoreland Management Overlay (b) Removal or alteration of natural vegetation, except for agricultural and forest management uses as regulated in § 1102.10, shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed subject to the following standards. 1. Clear cutting of natural vegetation is prohibited. 2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water - oriented accessory structures or facilities, provided that: a. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; b. Along rivers, existing shading of water surfaces is preserved; and c. The above provision is not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. 4. The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. (2) Topographic alterations /grading and filling. (a) Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, driveways and other uses permitted in the underlying zoning district under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. (b) Public roads and parking areas are regulated by division (3) of this chapter. (c) Notwithstanding divisions (2)(a) and (b) above, a grading and- filling permit, in accordance with the City Zoning Chapter _ _ - , _ _ _ _ _ _ • - _' _ _ ! _ _ -, will be required for: 1. The movement of more than 10 cubic yards of material on steep slopes or within the shore impact zone; or 2. The movement of more than 50 cubic yards of material per acre. Lino Lakes - Shoreland and Flood Plain Management (d) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: 1. Grading or filling in any wetland must be evaluated to determine the extent of impact to the functions and values of the wetland area in accordance with the City Code. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, a local governmental unit, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. 2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Anoka County Soil and Water Conservation District and the United States Soil Conservation Service; 4. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished sloped of 30% or greater; 5. Any alterations below the ordinary high water level of the waterbodies described in § 1002.05(1)(0 must first be authorized by the Commissioner under M.S. § 103G0.245, as it may be amended from time to time; 6. Alterations of topography must only be allowed if they are necessary to allow a defined permitted accessory, or conditional use within the underlying zoning district and do not adversely affect adjacent or nearby properties; and 7. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet. (e) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters. • • • • • • Shoreland Management Overlay (3) Placement and design of roads, driveways, and parking areas. (a) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Lino Lakes local water management plan. (b) Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (c) Public and private watercraft access ramps, approach roads, and access - related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this division are met. For private facilities, the grading and filling provisions of division (2) of this chapter must be met. (4) Stormwater management. (a) Impervious surface coverage of lots must not exceed the impervious surface percentage of lot area outlined in § 1102.07 of this chapter. (b) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (c) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (d) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man -made materials and facilities. Residential, commercial and industrial subdivisions and site plans shall provide for the collection and treatment of storm water in compliance with the city storm water management plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the city engineer and the Rice Creek Watershed District. (e) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the Lino Lakes local water management plan. Lino Lakes - Shoreland and Flood Plain Management (f) Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (Ord. 04 -95, passed 4 -10 -1995) § 1102.10 SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC/ SEMIPUBLIC, AGRICULTURAL, FORESTRY AND EXTRACTIVE USES AND MINING OF METALLIC MINERALS AND PEAT. (1) Standards for commercial, industrial, public and semipublic uses. Surface water - oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water - oriented needs must meet the following standards: (a) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; (b) Uses that require short -term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (c) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following standards: 1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the Anoka County Sheriff; 2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than 10 feet above the ground and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and 3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent illumination out across public waters. This does not preclude use of navigational lights. • • 1 • t • Shoreland Management Overlay (2) Agriculture use standards. (a) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the Lino Lakes local water management plan, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlots must meet the following standards: 1. New feedlots must not be located in the shoreland of watercourses and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and 2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level are allowed if they do not further encroach into the existing ordinary high water level setback. (3) Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment - Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." (4) Extractive use standards. (a) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. (b) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters. (5) Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as they may be amended from time to time, shall be a permitted use provided the provisions of M.S. §§ 93.44 to 93.51, as they may be amended from time to time, are satisfied. (Ord. 04 -95, passed 4 -10 -1995) Lino Lakes - Shoreland and Flood Plain Management § 1102.11 WATER SUPPLY AND SEWAGE TREATMENT. (1) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. (2) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows: (a) Publicly -owned sewer systems must be used in accordance with Chapter 402 of the city code. Any new buildings used for human habitation or human occupancy, including businesses, located on property adjacent to a sewer main, or in a block through which the system extends, shall be connected to the municipal sanitary sewer system. (b) All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080," as may be amended, a copy of which is hereby adopted by reference and declared to be a part of this chapter. (c) On -site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in § 1102.07 of this chapter. (d) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in divisions (2)(d)1. - 4. below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on -site field investigations. Evaluation criteria: 1. Depth to the highest known on calculated ground water table or bedrock; 2. Soil conditions, properties and permeability; 3. Slope; and 4. The existence of lowlands, local surface depressions, and rock outcrops. (e) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with § 1102.08(3) of this chapter. (Ord. 04 -95, passed 4 -10 -1995) § 1102.12 SUBDIVISION /PLATTING PROVISIONS. (1) Land suitability. Each lot created through subdivision, including planned unit developments over-laysauthorized under § 1102.13 of this chapter, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the City Council shall t t Shoreland Management Overlay consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (2) Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from 1 or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with §§ 1102.08(3) and 1102.11 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of § 1102.07(1) including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of 2 standard soil treatment systems. Lots that would require use of holding tanks shall not be approved. (Ord. 04 -95, passed 4 -10 -1995) § 1102.13 SHORELAND PLANNED UNIT DEVELOPMENT (PUD)- OVC°LT. (1) Types of PDOPUDs permissible. Shoreland planned unit developments- ever-lays, as defined in § 1102.03, are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. (2) Processing of shoreland PDOPUDs. Planned unit development s everlaye shall be processed as a conditional use permit or a rezoning to PUD in accordance with the City Zoning Code - _ _ -. _ _ _ -_. _ , _ -_ ! _ _ _ _ - _ _ _ as well as the performance standards outlined herein. (3) Application for a PDOPUD. The application for a PDOPUD /CUP must submit the following documents in addition to documents required by chapter 1001 of the City Code and the City Zoning Code chapter 1007 Section -&rSUb4 5 and Section 6, Subd. 20-o the ' ino ' tikes prior to final action being taken on the application request: (a) A site plan and /or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems where public systems will not be provided, and topographic contours at 10 foot intervals or less. When a PDOPUD is a combined commercial and residential development, the site plan and /or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the 2. (b) A property owners association agreement (for residential PDOPUDs) with mandatory membership, and all in accordance with the requirements ofd 1102.13(4)(c)3. (c) Deed restrictions, covenants, permanent easements or other instruments that: Lino Lakes - Shoreland and Flood Plain Management 1. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PDOPUDs; and 2. Ensure the long -term preservation and maintenance of open space in accordance with the criteria and analysis specified in d isi 1102.13(4)(d). (d) When necessary, a master plan /drawing describing the project and the floor plan for all commercial structures to be occupied. (e) Those additional documents as requested by the city City.o4 iz,,,o -'� that are • necessary to explain how the PDOPUD will be designed and will function. (4) Site "suitable area" evaluation. Suitable area for development within a shoreland planned unit development everlay districts (PDOPUDs) shall exclude all wetland, watercourses, land below the ordinary high water level of public waters, public street rights -of -way, and public parks. This suitable area and the proposed project are subject to PDOPUD performance standards governing density and design. (a) All PDOPUDs must have access to public sanitary sewer and water. (b) Lot area and width standards. The following lot are per unit standards shall apply to all PDOPUDs within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total city -wide shoreland density allowed based on State of Minnesota shoreland standards. The city, in its evaluation of any PDOPUD, shall evaluate the proposed PDOPUD density in light of the development capacity of the city -wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. • s • • • Shoreland Management Overlay Residential (R -3, R -4 Zoning Districts) (c) Maintenance and administration requirements. 1. Provisions for preservation and maintenance. Before final approval of a planned unit development -overlay, adequate provisions must be developed for preservation sand maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long -term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commercial uses prohibited (for residential PDOPUDs). b. Vegetation and topographic alterations other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited. d. Uncontrolled beaching of watercraft prohibited. NE RD GD T Lot area: Townhomes 5,000 5,000 5,000 5,000 Apartments /condominiums 2,900 2,900 2,900 2,900 Lot width: Townhomes 150 130 130 130 Apartments /condominiums 150 130 130 130 Setbacks: 1. OHWL 200 feet 2. Setback from streets: a. Right -of -way line of federal, state or county highway b. Local street 40 feet 30 feet 3. Side yard setback 20 feet 4. Setback between buildings on multiple building site 35 feet 5. Bluff setback 50 feet (c) Maintenance and administration requirements. 1. Provisions for preservation and maintenance. Before final approval of a planned unit development -overlay, adequate provisions must be developed for preservation sand maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long -term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commercial uses prohibited (for residential PDOPUDs). b. Vegetation and topographic alterations other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited. d. Uncontrolled beaching of watercraft prohibited. Lino Lakes Shoreland and Flood Plain Management 3. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; b. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; and c. Assessments must be adjustable to: accommodate changing conditions; d. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. (d) Open space requirements. Planned unit developments ever-lays must contain open space meeting of the following criteria: 1. At least 50% of the total project area must be preserved as open space; 2. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, parking areas, or, structures, except water - oriented accessory structures or facilities are developed areas and shall not be included in the computation of minimum open space; 3. Open space must include areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries; 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or site, and by the general public; 5. Open space must not include commercial facilities or uses, but may contain water - oriented accessory structures or facilities; 6. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; 7. The shore impact zone, based on normal structure setbacks, must be included I as open space. For residential PDOPUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impacts zone area of new developments must be I preserved in its natural or existing state. For commercial PDOPUDs, at least 50% of the shore impact zone must be preserved in its natural state. • • • Shoreland Management Overlay (e) Erosion control and stormwater management. Erosion control and stormwater management plans must be developed and the RDOPUD must: 1. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time or bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans must be in accordance with the Lino Lakes local water management plan and approved by the City Council. 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage must not exceed 35% with an approved stormwater management plan and consistency with § 1102.09. (f) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards: 1. Planned unit developments ems must be connected to publicly owned water supply and sewer systems. 2. Dwelling units or sites must be clustered into 1 or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification, setback from the ordinary high water level, elevation above the surface water features, and maximum height. 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. The shared lake access must be approved by the City Council. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed 1 for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. 4. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed form public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. 5. Accessory structures and facilities, except water - oriented accessory structures, must meet the required principal structural setbacks and must be centralized. Lino Lakes - Shoreland and Flood Plain Management 6. Water - oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in § 1102.07(2) of this chapter and are centralized. (75)Conversions. The city City of L ino L akes may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met. (a) Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments overlays involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. (b) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. (c) Shore impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: 1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore impact zones; 2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; 3. If existing dwelling units are located in shore impacts zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. (d) 1. Existing dwelling unit or dwelling site densities that exceed standards in division (5) 1102.13(4) may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. 2. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. I (Ord. 04 -95, passed 4 -10 -1995) • • • i Section 1103.01 1103.02 1103.03 1103.04 1103.05 1103.06 1103.07 1103.08 1103.09 CHAPTER 1103: FLOOD PLAIN MANAGEMENT Statutory authorization, findings of fact and purpose General provisions Definitions Administration Establishment of zoning district Flood Plain Overlay District uses Standards for Flood Plain Overlay District uses Subdivisions Manufactured homes /travel trailers and travel vehicles § 1103.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. (1) Statutory authorization. The legislature of the State of Minnesota has, in M.S. Chapter 4-04 §§ 103F.101 — 103E165, as it may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Lino Lakes, Minnesota does ordain as follows. (2) Findings of fact. (a) The flood hazard areas of the City of Lino Lakes, Minnesota are subject to the periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) The city local water management plan (LWMP) is a comprehensive planning tool that specifically identifies goals and policies for water management. Standards for flood control, erosion and sediment control, water quality enhancement, and the preservation of natural features have been identified. The plan also includes flood plain delineation, necessary freeboard requirements and recommended building elevations. This chapter is based upon the recommendations of the LWMP, which is hereby adopted into this chapter by reference and incorporated in its entirety, including all amendments. (c) Methods used to analyze flood hazards. This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 35 Lino Lakes - Shoreland and Flood Plain Management (d) Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in division (a) above by provisions contained herein. (Ord. 12 -95, passed 7 -25 -1995) § 1103.02 GENERAL PROVISIONS. (1) Jurisdiction. This chapter shall apply to all lands within the jurisdiction of the City of Lino Lakes shown on the official zoning map and /or the attachments thereto as being located within the boundaries of the 100 -year regional flood. (2) Establishment of official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the Flood Insurance Study for the City of Lino Lakes prepared by the Federal Insurance Administration dated November 11, 1981, and the flood insurance rate map dated May 17, 1982, along with subsequently approved letters of map revision (LOMR) and letters of map amendment (LOMA). The official zoning map shall be on file in the office of the City Clerk- Treasurer and the building inspector /zoning official. (3) Rules for interpretation of district boundaries. The boundaries of the Flood Plain Overlay District shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district, as shown on the official zoning map as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the necessary interpretation. The persons contesting the locations of the district boundary shall be given a reasonable opportunity to present their case and to submit their own technical evidence. (4) Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than 1 foot above the elevation of the 100 year base regional flood elevation plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (5) Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and the applicable regulations which apply to uses within the jurisdiction of this chapter. All uses not listed as permitted uses or conditional uses in § 1103.06 shall be prohibited. In addition, a caution is provided here that: (a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and specifically § 1103.09 and § 1007.043 of the City Zoning Chapter. (b) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the • t i Flood Plain Management general provisions of this chapter and specifically § 1103.06(4) and § 1007.041 of the City Zoning Chapter. (c) As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provision of this chapter and specifically as stated in § 1103.04. (6) Penalties for violation. (a) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (b) Nothing herein contained shall prevent the City of Lino Lakes from taking other lawful action as is necessary to prevent or remedy any violation. These actions may include, but are not limited to: 1. In responding to a suspected ordinance violation, the Zoning Administrator and City of Lino Lakes may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either: a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or b. Notify the responsible party to apply for and after - the -fact permit/development approval within a specified period of time not to exceed 30 days. Lino Lakes - Shoreland and Flood Plain Management 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter. (7) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. Where a specific use or performance standard is not specifically referenced in this chapter it shall be prohibited. (8) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. (9) Warning and disclaimer of liability. This chapter does not imply that areas outside of the Flood Plain Overlay District or land uses permitted within these districts will be free from flooding or flood damages. The chapter does not create liability on the part of the City of Lino Lakes or its officers or employees for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made under it. (10) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. (Ord. 12 -95, passed 7 -25 -1995) § 1103.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade on all 4 sides, regardless of the depth of excavation below ground level. 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. • 1 • • • Flood Plain Management EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD PLAIN. The beds proper and areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOOD - PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impeded, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. REGIONAL FLOOD is synonymous with the term "base flood" used in the Flood Insurance Study. REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. VARIANCE. A modification of the strict provisions of this chapter 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 chapter. 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. (Ord. 12 -95, passed 7 -25 -1995) § 1103.04 ADMINISTRATION. (1) Zoning Administrator. (a) The Zoning Administrator shall administer and enforce this chapter. Lino Lakes - Shoreland and Flood Plain Management (b) The Zoning Administrator shall review all development proposals to determine whether the proposed use lies within the Flood Plain Overlay District. (c) No development shall be permitted unless it complies with all provisions of this chapter. (d) If the Zoning Administrator finds a violation of the provisions of this chapter, he or she shall notify the person responsible for the violation in accordance with § 1103.02(6) of this chapter. (2) Permit requirements. (a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this chapter shall be secured prior to the erection, addition, or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the Flood Plain Overlay District. (b) Application and fee. A use permit shall be applied for from the Zoning Administrator. The application shall be made in duplicate and shall include the following where applicable: 1. Plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and 2. The location of the foregoing in relation to the stream channel. An application fee amount will be in accordance with city resolution and shall be required for each use permit. (c) State and federal permits. Prior to processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. (3) Certificate of zoning compliance. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance is issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter. (4) Issuance of permits and certificates. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement or construction. Any use, arrangement construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by § 1103.02(6). (5) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and • or 1 Flood Plain Management building elevations were accomplished in compliance with the provisions of this chapter. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. (6) Record of first floor elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the Flood Plain District. The Zoning Administrator shall also maintain a record of the elevations to which structures or additions to structures are flood - proofed. (7) Variances. (a) The City Council may authorize upon appeal in specific cases the variance from the terms of this chapter as will not be contrary to public interest, where, owing to special conditions, literal enforcement of the provisions of this chapter will result in unnecessary hardship so that the spirit of the chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (b) The City Council shall hear and decide requests for variance in accordance with the rules that it has adopted for the conduct of business in § 1007.023 of the City Zoning Chapter. (8) Conditional use permits. The City Council shall hear and decide applications for conditional uses permissible under this chapter. (a) Application. The applicant shall be required to furnish the following information and additional information as deemed necessary by the Zoning Administrator for determining the suitability of the particular site for the proposed use. 1. Plans. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood - proofing measures, and the relationship of the above to the location of the Flood Plain Overlay District boundaries. 2. Specifications. Specifications for building construction materials, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. 3. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. Lino Lakes - Shoreland and Flood Plain Management (b) Review. The city shall transmit 1 copy of the information described in division (8)(a)1. above to a designated engineer or other expert person or agency for technical assistance, where necessary, to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Determination. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (d) Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in division (8)(e)6. below, which are in conformity with the purposes of this chapter. Violations of these conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter punishable under § 1103.02(6). (e) Basis of decision. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this chapter and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments; 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner; 5. The importance of the services provided by the proposed facility to the community; 6. The requirement of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with the existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and the Lino Lakes local water management plan; • • • • • Flood Plain Management 10. The safety of access to the property in times of flood for ordinary and emergency vehicles; 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and 12. Any other factors which are relevant to the purpose of this chapter. (f) Determination of flood hazards. 1. Upon receipt of an application for a conditional use permit for a use within the Flood Plain Overlay District where the regulatory flood protection elevation is unknown, the applicant shall be required to furnish the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation. a. A typical cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross - sectional areas to be occupied by the proposed development and high water information. b. Plan (surface view) showing elevations or contours of the ground; pertinent structures, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. c. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use adversely affects the capacity of the flood plain and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86 -87 shall be followed in this expert evaluation. The designated engineer or expert shall: a. Estimate the peak discharge of the regional flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the area necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing the area of the regional flood. 3. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine whether the proposed use adversely affects the capacity of the flood plain or the regional flood protection elevation at the site. Lino Lakes - Shoreland and Flood Plain Management (g) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach conditions to the granting of the conditional use permits as it deems necessary to fulfill the purpose of this chapter. These conditions may include, but are not limited to, the following: 1. Modification of waste treatment and water supply facilities; 2. Limitations on period of use, occupancy, and operation; 3. Imposition of operations, controls, sureties, and deed restrictions; 4. Requirements of construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and 5. Flood- proofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood - proofing measures are consistent with the regulatory flood protection elevation, the Lino Lakes local water management plan and associated flood factors for the particular area. (9) Amendments. (a) The flood plain designation on the official flood plain map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. (b) All amendments of this chapter, including amendments to the official flood plain map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the official flood plain map must meet the FEMA technical conditions and criteria and must receive FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the chapter amendment or technical study under consideration. (10) Notification to the Department of Natural Resources. (a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local flood plain management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least 10 days before the hearings. • • • • • 1 Flood Plain Management (b) A copy of final decisions granting variances or conditional uses under local flood plain management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action. (Ord. 12 -95, passed 7 -25 -1995) § 1103.05 ESTABLISHMENT OF ZONING DISTRICT. (1) Flood Plain Overlay District. The Flood Plain Overlay District shall include those areas designated as unnumbered A Zones on the flood insurance rate map adopted in § 1103.02(2). (2) District application. The FP, Flood Plain Overlay District shall be applied to and superimposed upon all zoning districts as existing or amended by the text and map of this chapter. The FP, Flood Plain Overlay District regulations shall not be construed to allow any use or structure otherwise not allowed in the underlying zoning district where the property is located. The regulations and requirements imposed by the FP, Flood Plain Overlay District shall be in addition to those established by all other districts of this chapter. The FP, Flood Plain Overlay District shall be established based upon the specific information contained in the flood insurance rate maps and subsequently approved letters of map revision (LOMR) and letters of map amendment (LOMA) and the flood insurance study for the City of Lino Lakes. All aforementioned official road maps and documents are hereby adopted by reference and declared to be an integral part of this chapter section. (3) Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (Ord. 12 -95, passed 7 -25 -1995) § 1103.06 FLOOD PLAIN OVERLAY DISTRICT USES. (1) Permitted uses. The following uses have a low flood potential and do not obstruct flood flows. These uses shall be permitted within the Flood Plain Overlay District to the extent that they are allowed in the underlying base zoning district, they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or flood plains or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. strips. (b) Industrial - commercial uses such as loading areas, parking areas, and airport landing Lino Lakes - Shoreland and Flood Plain Management (c) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single- or multiple - purpose recreational trails. (d) Residential accessory uses such as lawns, gardens, parking areas and play areas as long as no permanent structures are constructed. (e) Boat launching ramps and docks on riparian lots accessory to a permitted principal use. (2) Conditional uses. The following use and structures may be permitted in the Flood Plain Overlay District only after the issuance of a conditional use permit, as provided for in § 1103.04(8) of this chapter. These uses shall be permitted within the Flood Plain Overlay District to the extent that they are allowed in the underlying base zoning district, they are not prohibited by any other ordinance, and they comply with the provisions of § 1103.07, which applies to all Flood Plain Overlay District conditional uses. (a) Principal residential, commercial, and industrial structures. (b) Accessory structures. (c) Placement of fill. Cumulative placement of fill in excess of 1,000 cubic yards or in excess of requirements outlined in § 1007.051 of the City's Zoning Chapter, whichever is less. (d) Railroads, streets, bridges, utility transmission lines and pipelines. (e) Extraction and storage of sand, gravel and other materials. (f) Marinas, boat rentals, docks, piers, wharves and water control structures, (g) Storage yards for equipment, machinery or materials. (h) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of § 1103.09(4). (i) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. (3) Prohibited uses. All other uses or structures not listed as permitted or conditional uses in the Flood Plain Overlay District shall be prohibited. • • • • t • Flood Plain Management (4) Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. (a) No use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (b) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50% of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. (c) Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be accomplished in accordance with § 1103.07. (d) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. (Ord. 12 -95, passed 7 -25 -1995) § 1103.07 STANDARDS FOR FLOOD PLAIN OVERLAY DISTRICT USES. (1) All uses. (a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the flood plain or increases flood heights subject to the provisions of § 1103.06(2)(c). (b) All conditional uses shall be subject to the standards contained in § 1103.06(2) and the following standards in (2) and (8) below. (2) Principal use. (a) Residential use. 1. Principle and accessory residential structures shall be constructed on fill with the lowest floor (including basement) at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than 1 foot below the regulatory flood protection elevation for the particular area and shall extend at the elevation at least 15 feet beyond the limits of any structure or building erected thereon. Lino Lakes - Shoreland and Flood Plain Management 2. Residences that do not have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. (b) Non - residential use. 1. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their lowest floor (including basement) is at or above the regulatory flood protection elevation, but may where flood plain fill may result in an increase in the regional flood elevation, change in the natural course of the flood plain drainage or result in potential flooding of neighboring properties be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood proofed to FP -1 or FP -2 classification as defined by the State Building Code. Structures flood proofed to FP -3 or FP -4 classification shall not be permitted. 2. Commercial, manufacturing and industrial. Accessory land uses, such as yards, railroad tracks, and parking Tots may be at lower elevations. However, a permit for accessory facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than 2 feet or subject to flood velocities greater than 4 feet per second upon the occurrence of the regional flood. (3) Accessory uses. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -I or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in the size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate. (a) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls. (b) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. (c) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow. (d) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (4) Structural flood proofing standards. Alternative elevation methods other than the use of fill may be utilized to elevate a commercial and industrial structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, and the like, or above grade, enclosed areas such as crawl spaces or tuck • • • Flood Plain Management under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: 1) the enclosed area is above grade on at least 1 side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards: (a) Design and certification. The structure's design and as built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific standards for above grade, enclosed areas. Above grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 2. The enclosed area will be constructed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (c) Basements. Basements, as defined in § 1103.03 of this chapter, shall be subject to the following: 1. Residential basement construction shall not be allowed below the regulatory flood protection elevation. 2. Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with § 1103.07(4). (d) Non - residential structures. All areas of non - residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing classification in the State Building Code shall require making the structure water tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. Lino Lakes - Shoreland and Flood Plain Management (5) Fill. (a) Any fill deposited in the Flood Plain Overlay District shall be no more than the minimum amount necessary to conduct a conditional use listed in § 1103.07(2). (b) The effects of any fill on the stage of the regional flood shall be analyzed as required by § 1103.07(2). (c) Fill shall be protected from erosion by vegetative cover. An erosion and sedimentation plan shall be required for any fill in excess of 1,000 cubic yards or in accordance with § 1007.051 of the City's Zoning Chapter, whichever is less. • • • • Flood Plain Management (d) Fill for construction. Fill shall be adequately compacted and the slopes shall be protected by the use of rip rap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 year flood elevation. FDMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multi -lot developments. These standards must be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (6) Storage of materials and equipment. (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (7) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (8) Public transportation facilities. (a) Railroad tracks, roads and bridges to be located within the Flood Plain Overlay District shall comply with division (1) above. (b) Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of public transportation facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. (c) Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (9) On -site sewage treatment and water supply systems. Where public utilities are not provided: (a) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; (b) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding; and Lino Lakes - Shoreland and Flood Plain Management (c) Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this section. (Ord. 12 -95, passed 7 -25 -1995) § 1103.08 SUBDIVISIONS. No land shall be subdivided which is held unsuitable by the City of Lino Lakes for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. (1) Building site. All lots within the Flood Plain Overlay District shall contain a building site at or above the regulatory flood protection elevation. (2) Water and sewage disposal facilities; road access. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than the elevation of the 100 -year regional flood. (3) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (Ord. 12 -95, passed 7 -25 -1995) § 1103.09 MANUFACTURED HOMES /TRAVEL TRAILERS AND TRAVEL VEHICLES. (1) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by § 1103.08. (2) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in a Flood Plain Overlay District will be treated as a new structure and may be placed only if elevated in compliance with § 1103.07 of this chapter. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with § 1103.08(2), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. (3) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. • • • • Flood Plain Management (4) Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (c) and (d) below. (a) Exemption. Travel trailers and travel vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in division (b) below and further they meet the following criteria: 1. Have current licenses required for highway use; 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer /travel vehicle has no permanent structural type addition attached to it; and 3. The travel trailer or travel vehicle and associated use must be permissible in any pre- existing, underlying zoning district. (b) Areas exempted for placement of travel /recreational vehicles. 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. (c) Exempted travel trailers and travel vehicles. Travel trailers and travel vehicles exempted in division (a) above lose this exemption when development occurs on the parcel exceeding dollars for a structural addition to the travel trailer/ travel vehicle or an accessory structures such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation and flood - proofing requirements and the use of land restrictions specified in § 1103.06 of this chapter. (d) New and expanded commercial travel trailers, travel vehicle parks or campgrounds and residential type subdivisions and condominium associations. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding 5 units or dwelling sites shall be subject to the following. 1. Any new or replacement travel trailer or travel vehicle will be allowed in the Flood Plain Overlay District provided the trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with § 1103.08(2). No fill placed in the Flood Plain Overlay District to meet the requirements of this section shall increase flood stages of the 100 -year regional flood. 1 Lino Lakes - Shoreland and Flood Plain Management 2. All new or replacement travel trailers or travel vehicles not meeting the criteria of division (4)(d)1. above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of § 1103.06(2) of this chapter. a. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 -year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. b. All attendant sewage and water facilities for the new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during time so of flooding in accordance with § 1103.07(9). • •