HomeMy WebLinkAbout07/09/2008 P&Z Packet• CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
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Wednesday, July 9, 2008
6:30 p.m.
Council Chambers
(Scheduled to be televised on Ch. 16)
Please be courteous and turn off all electronic devices during the meeting.
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: May 14, 2008
IV. OPEN MIKE
V. ACTION ITEMS
A. Variance to the Shoreland Ordinance to allow the replacement of a sewage
treatment system located at 7625 Peltier Lake Dr. — Paul Bengtson.
B. Amendment to Zoning Ordinance text to accommodate Animal Control
Regulations, Non - Conforming Uses, Accessory Structures located within an
Easement, and typographical corrections — Paul Bengtson.
VI. DISCUSSION ITEMS
A. Comp Plan Update
VII. ADJOURN
lirMeeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — The purpose of a Board Meeting is to accomplish the business of the city.
When presenting at a meeting please remember to be respectful, and follow these
guidelines:
• Please address the meeting chair.
• State your name and address for the record.
• Please observe a 4- minute limit.
• The topic must relate to city business.
• Open Mike is for items not on the agenda.
• A spokesperson must represent a group of five or more — groups will have 8 minutes.
• The Presiding Officer may limit duplicative presentations.
• Remember, the meeting is to discuss city business only.
Public Hearing - Held as a separate item of business on the agenda. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
• The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
• Staff will present their report on the proposal.
• Board members will then ask City Staff questions about the proposal.
• The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
• After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
• The Board will then discuss the proposal. No further public comments are allowed.
• The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
Occasionally, the Board may continue a hearing to another meeting before taking action.
Meeting Etiquette
The Planning & Zoning Board must preserve order and decorum while the meeting
is in session. A resident shall not, by conversation or otherwise, delay or interrupt
the proceedings or the business of the Board, nor disturb any resident or Board
Member while speaking or refuse to obey the orders of the Board.
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
[ay 14, 2008:
6 :30 P.M,
7 :02 P.M.
: Michael Hyden, Perry Laden, Robert Nelson,
Brian Pogalz (Vice Chair), Michael Root,
Paul Tralle (Chair), Rob Rafferty
: None
: Paul Beingtson, Michael Grochi
I. CALL TO ORDER AND ROLL CALL
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on May 14, 2008.
II. APPROVAL OF AGENDA
The agenda was approved as presented.
III. APPROVAL OF MINUTES
April 9, 2008
Mr. Rafferty made a MOTION to approve the April 9, 2008 Minutes. Motion was
supported by Mr. Hyden. Motion carried 6 - 0.
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:30 p.m.
There was no one present for Open Mike.
Mr. Pogalz made a MOTION to close Open Mike at 6:31 p.m. Motion was supported by
Mr. Rafferty. Motion carried 6 - 0.
V. ACTION ITEMS
A. PUBLIC HEARING for a Preliminary and Final Plat for a two lot residential
subdivision to be called Byrne Langer Addition, located at 2395 65th Street.
DRAFT MINUTES
Planning & Zoning Board
May 14, 2008
Page 2
Paul Bengtson, Associate Planner, presented the staff report. City Staff recommended
approval of the Preliminary and Final Plat with conditions as stated in the staff report.
Mr. Tralle opened the Public Hearing at 6:40 p.m.
Scott and Vicky Byrne, 1410 Canfield Road, stated that they understand the process but
they have not had any direct contact with their neighbors about any grading concerns.
Jennifer and Layne McCleary, 2383 65th St., live on the property to the west. Mrs.
McCleary had a brief conversation with the applicant's surveyor about the possibility of
removing dirt from an island area between the properties but never heard back about the
issue. The McClearys were concerned about what exactly was planned for that area as
they have an existing retaining wall that would be affected. The McClearys were happy
that the house has been demolished, but did not want to bear any additional expense to
realign their landscaping.
Mr. Studenski described the proposed adjustments to the retaining wall and grading.
Board Members confirmed that the applicant and the McClearys understood the process
involved, and that the McClearys did not want to be burdened with a cost to change what
is on their property, and that everyone was in agreement.
Mr. Rafferty made a MOTION to close the Public Hearing at 6:52 p.m. Motion was
supported by Mr. Pogalz. Motion carried 6 -0.
Mr. Rafferty made a MOTION to recommend approval of the Preliminary and Final Plat
for Byrne Langer Addition.
Motion was supported by Mr. Hyden. Motion carried 6 - 0.
VI. DISCUSSION ITEMS
A. Comp Plan Update
Mr. Grochala gave an update of the Comprehensive Plan Update process, as well as
transportation updates.
VII. ADJOURNMENT
Mr. Rafferty made a MOTION to adjourn the meeting at 7:02 p.m. Motion was
supported by Mr. Laden. Motion carried 6 -0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
DRAFT MINUTES
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STAFF ORIGINATOR:
MEETING DATE:
AGENDA ITEM 5.A.
Paul Bengtson
July 9, 2008
TOPIC: Variance to the Shoreland Ordinance — Ordinary High Water Setback
7625 Peltier Lake Drive
To allow the replacement of a private sewage treatment system
BACKGROUND
Mark Fairbanks has requested approval of a Variance from the Ordinary High Water Level (150 feet) to allow a
sewage treatment system that would be 50 feet from the Ordinary High Water Level of Peltier Lake. The
proposed sewage treatment system would meet all other setback requirements on the lot.
The property is located on the eastern shore of Peltier Lake at the intersection of Peltier Lake Drive and 77th
Street. The existing sewage treatment system has failed and must be replaced. The applicant has submitted
information showing that the best location for a new drain field is directly above the existing drain field on the
site. This will be accomplished by installing a box mound system. This is due to soil conditions, the location of
the home's well, and the rather small size of the lot.
ANALYSIS
Comprehensive Plan, Land Use and Zoning:
as well as guided land uses for the area.
The table below identifies the existing land use and zoning
Location
Existing Land Use
Guided Land Use
Existing Zoning
Site
Residential
Low Density Unsewered Residential
Rural
North
Residential
Low Density Sewered Residential
Rural
South
Residential
Low Density Unsewered Residential
Rural
East
Residential
Low Density Unsewered Residential
Rural
West
Peltier Lake
Peltier Lake
Peltier Lake
Setbacks:
The Zoning Ordinance has no specific setback requirements for onsite sewage treatment systems. The
ordinance does require almost all improvements to be setback a minimum of five feet from property lines.
The Shoreland Ordinance requires the 150 foot setback from the Ordinary High Water Level of Peltier Lake.
To come close to meeting this requirement the property owner would need to put the sewage treatment system
in the front yard of the property, however the property's well is already located in the front yard.
Sewage Treatment systems are required by state law to be setback 10 feet (tanks) and 20 feet (drain fields) from
dwellings, 10 feet from property lines and 50 feet from wells. These requirements further reduce the area a
system can be placed on the site.
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Findings:
State law requires the following finings to be made in order to grant the approval of a variance. Staff has
completed the findings in regards to the upland lot area reduction based on the revised submittal:
FINDINGS
In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a
finding of fact:
a. That the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property is currently developed with a single family home that requires a private sewage
treatment system in order to continue its use legally.
b. That the plight of the landowners is due to physical circumstances unique to his property not
created by the landowner.
The property was platted prior to the adoption of a 10 acre minimum lot size for properties not
served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland
Ordinance.
c. That the hardship is not due to economic considerations alone if reasonable use for the
property exists under the terms of the ordinance.
The site is developed with a single family home that must be served by a sewage treatment system.
As the current system is failing and the strict enforcement of the Shoreland Ordinance's Ordinary
High Water Level setback would make replacing that system impossible, reasonable use of the
property would be denied.
d. That granting the variance requested will not confer on the applicant any special privilege
that would be denied by this ordinance to other lands, structures, or buildings in the same
district.
The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in
size, thus guaranteeing ample room for the placement of onsite sewage treatment systems.
e. That the proposed actions will be in keeping with the spirit and intent of the ordinance.
The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to
maximize the spacing between the lake and a possible pollution source. As the city requires
periodic inspection of the systems to guarantee systems are operational, this setback variance will
not be in violation of that goal.
RECOMMENDATION
Staff is recommending approval of the request for a variance with the following condition:
1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan
must clearly require a minimum of annual visual inspections of the system.
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AGENDA ITEM 5.B.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: July 9, 2008
TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment
Sections 1, 3, 5, 7, 8, and 9
BACKGROUND
The City Council enacted new Animal Control regulations within the city code with the
adoption of Ordinance Number 03 -08 on May 27, 2008. Several sections of the zoning
ordinance deal with animal control regulations, therefore it is necessary to amend the
zoning ordinance to accommodate the newly adopted City Code Chapter 503, which will
become effective July 10, 2008.
Staff has also identified some additional unrelated issues within the affected sections that
needed to be addressed. These include amendments to align the city with state statutes in
regards to non - conforming uses and structures, and amendments to address the city
policy to allow accessory structures to be placed in easements under certain conditions.
Additionally, within the sections that amendments were already contemplated, staff has
identified a number of non - substantive grammatical errors for correction.
ANALYSIS
The proposed amendments are broken down section by section, indicating the reason for
the change. The full language is also attached to this report.
Section 1 Subdivision 2 `Rules and Definitions'
Subdivision 2.B `Definitions'
Definitions proposed to be added:
• Greenhouse/Nursery, Commercial — previously undefined use,
language taken from APA Planning Advisory Service Report
• Veterinary Hospital — previously undefined use, language taken from
City Code Chapter 503
Definitions proposed to be removed:
• Agricultural Farm Building — moved to Farm Building
• Farm Dwelling — encompassed in the dwelling definition
• Farm Limited — encompassed in the amended farm definition
Definitions proposed to be amended:
• Agriculture — clarified by adding language
• Animal Unit — changed to match state statute
• Animals, Domestic — changed to new City Code definition
• Animals, Farm — changed to new City Code definition
• Farm — shortened definition to encompass all farms
• Farm Building — moved Agricultural Farm Building here
• Kennel, Commercial - changed to new City Code definition
• Kennel, Private - changed to new City Code definition
• Lot Area — non - substantive grammatical correction
Section 3.Subdivision 2 `Non - Conforming Uses and Structures'
Subdivision 2.B `Provisions'
Amendment proposed to adopt the state statute language which was
enacted since the last zoning ordinance update was completed in 2003.
Section 3 Subdivision 4 `General Building and Use Provisions'
Subdivision 4.D.1 `General Provisions'
Amendment to reflect the current city policy that easily moveable
accessory structures are eligible for encroachment agreements.
Subdivision 4.D.8 `Domestic Animal Shelters'
Amendment to provide standards for domestic animal shelters and allow
them to be exempt from the accessory structure size and number limits.
Subdivision 4.P `Exterior Storage'
Amendment to correct references to other sections of the ordinance.
Subdivision 4.R `Fences and Walls'
Amendment to account for block and retaining walls as well as fences.
Majority of such changes involved simply adding the phrase `or wall' to
the ordinance.
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Additional amendment to correct references to other sections of the
ordinance, non - substantive grammatical changes, and to change `non -
domestic animal' to the city code terminology of `farm animal'.
Section 3 Subdivision 5 `Off - Street Parking'
Subdivision 5.0 `General Provisions'
Amendment to correct references to other sections of the ordinance.
Subdivision 5.F.12 `Number of Spaces Required'
Amendment to change the language from `Animal Hospitals and Clinics'
to `Veterinary Hospitals' to match the proposed definition.
Section 5 Subdivision 1 `Rural District'
Subdivision 1.E.6 `Permitted Uses — Keeping of Farm Animals'
The term `keeping of farm animals' is substituted for `limited livestock' to
correlate with Chapter 503.
Subdivision 1.G.4 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the
conditional use section. Language was changed to match with terms as
defined in the ordinance. Conditions of the use were amended to prohibit
the use on non - conforming lots and to include setback language that was
in the old city code but belonged in the zoning ordinance instead.
Subdivision 1.G.5 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance
were added. More restrictive controls were also added to prohibit the use
on non - conforming lots and to include setback language that was in the
old city code but belonged in the zoning ordinance instead.
Section 5 Subdivision 2 `Rural Executive District'
Subdivision 2.E.6 `Permitted Uses — Keeping of Farm Animals'
The term `keeping of farm animals' is substituted for `limited livestock' to
correlate with Chapter 503.
Subdivision 2.G.3 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the
conditional use section. Language was changed to match with terms as
defined in the ordinance. Conditions of the use were amended to prohibit
the use on non - conforming lots and to include setback language that was
in the old city code but belonged in the zoning ordinance instead.
Subdivision 2.G.4 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance
were added. More restrictive controls were also added to prohibit the use
on non - conforming lots and to include setback language that was in the
old city code but belonged in the zoning ordinance instead.
Section 7 Subdivision 3 `General Business District'
Subdivision F.3 `Permitted Uses — Commercial Greenhouses/Nurseries'
Amended to match the proposed `Commercial Greenhouse/Nursery' definition.
Subdivision H.14 `Conditional Uses— Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance
were added. More restrictive controls were also added to prohibit exterior
exercise areas.
Section 8 Subdivision 1 `Light Industrial District'
Subdivision 1.I.6 `Conditional Uses — Veterinary Hospitals'
More restrictive controls were added to minimize exterior exercise areas
and to limit the number of dogs boarded to 40.
Section 9 Subdivision 1 `Public Semi - Public District'
Subdivision 1.J `Interim Uses — Farms, Dwellings, or Agriculture'
Amendment to match the uses to those defined by the zoning ordinance.
Section 9 Subdivision 2 `Rural Business Reserve District'
Subdivision 2.G.10 `Permitted Uses — Keeping of Farm Animals'
Stock raising, dairying and stables were eliminated by the new city code,
so the term `keeping of farm animals' is substituted.
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Subdivision 2.I.4 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the
conditional use section. Language was changed to match with terms as
defined in the ordinance. Conditions of the use were amended to prohibit
the use on non - conforming lots and to include setback language that was
in the old city code but belonged in the zoning ordinance instead.
Subdivision 2.I.5 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance
were added. More restrictive controls were also added to prohibit the use
on non - conforming lots and to include setback language that was in the
old city code but belonged in the zoning ordinance instead.
PROCESS
As this amendment to the zoning ordinance originates with staff, there is no applicant.
However, an amendment to the ordinance requires a public hearing to allow for public
comment. A notice of the public hearing was published in the official newspaper as
required. Following a recommendation by the P & Z Board, staff will present the
proposed amendment to the City Council. An ordinance requires two readings (and
votes) by the City Council. It then is published in the newspaper and becomes effective
thirty days later.
Attached to this report is the full language for the amendment, proposed new text is
shown as underlined, proposed text to be eliminated is shown as strip.
RECOMMENDATION
Staff is recommending approval of the zoning ordinance amendment described within
and attached to this report.
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observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
k. Adult Use - Motion Picture Arcade. Any place to which the public is
permitted or invited wherein coin or slug- operated or electronically,
electrically or mechanically controlled or operated still or motor
picture machines, projectors or other image - producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas."
Adult Use - Motion Picture Theater. A building or portion of a
building with a capacity of fifty (50) or more persons used for
presenting material if such building or portion of a building as a
prevailing practice excludes minors by virtue of age or if such
material is distinguished or characterized by an emphasis on
"specified anatomical areas" for observation by patrons therein.
m. Adult Use - Novelty Business. A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
n. Adult Use - Sauna. A sauna which excludes minors by reason of
age, or which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
o. Adult Use - Steam Room /Bathhouse Facility. A building or a
portion of a building used for providing a steam bath or heat bathing
room used for the purpose of pleasure, bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts
minors by reason of age or if the service provided by the steam
room /bathhouse facility is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
or intended to house farm implements or agriculture ar as, as dcfincd by this
Ordinance, on an active farm operation of more than twenty (20) acres. A
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03
1 -9
Title / Application / Rules
Agriculture. The use of land for the production, keeping or maintenance, for
sale, or personal use, of plants and animals useful to man, including but not
limited to: forages and sod crops, grains and seed crops; dairy animals and dairy
products, poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary
products; fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry management program. Agricultural land uses do not
include slaughter houses or the processing of crops, produce, animals for public
purchase or consumption as to constitute a commercial or industrial land use.
Airport. A place where aircraft can land and take off, usually equipped with
hangars, facilities for refueling and repair, and various accommodations for
passengers.
Airport, Private Use. Airports which are intended for use by certain individuals
or associations and not to the public.
Animal Unit. A unit of measure used to compare differences in the production
of animal wastes which has a standard amount of waste produced on a regular
following equivalents apply. To determine the animal unit measure for any
animal not specific below, divide the average adult weight by one thousand
(1,000).
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03
1 -10
Title / Application / Rules
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Animal Unit
(1) Slaughter Steer Heifer
1-0
or
___E-GGVI-an,421-Galf-Pair
4,2
4-4
1-0
(1) Over 1,000 Ibs
(1) Undcr 1,000 Ib:
Swine
(1) Over 300 Ibs
:4
:85
(1) Between 55 300 Ibs
s
(1) Sheep
.44
Turkey
(1) Over 5Ibs
11) Undcr- -Ibs
.018
Chickens (Dry Manure)
:.005
(1) Over 5 Ibs
{1) Under 5 lbs
:048
(1) Horse
1.0
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03
1 -10
Title / Application / Rules
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Animal Unit. A unit of measure used to compare differences in the production
of animal manure that employs as a standard the amount of manure produced on
a regular basis by a slaughter steer or heifer for an animal feedlot or a manure
storage area, calculated by multiplying the number of animals of each type by the
respective multiplication factor and summing the resulting values for the total
number of animal units. For purposes of this chapter, the following multiplication
factors shall apply. For animals not listed, the number of animal units is the
average weight of the animal in pounds divided by 1,000 pounds.
Animal
Animal Unit
Dairy Cattle
Mature Cow (1,000 pounds or over)
1.4
Mature Cow (Under 1,000 pounds)
1.0
Heifer
.7
Calf
.2
Beef Cattle
Slaughter Steer or Stock Cow
1.0
Feeder Cattle or Heifer
.7
Cow and Calf Pair
1.2
Calf
.2
Swine
Over 300 pounds
0.4
Between 55 and 300 pounds
0.3
Under 55 pounds
0.05
Horse
1.0
Sheep or Lamb
.1
Chicken (Liquid Manure System)
.0333
Chicken (Dry Manure System)
5 pounds or over
.005
Less than 5 pounds
.003
Turkey
5 pounds or over
.018
Less than 5 pounds
.005
Duck
.01
Animals, Domestic. For purposes of this Ordinancc, domestic animals shall be
stR4dufc t wo+ug ieut -the entire year,
rabbits normally sheltered outside the home. Any animal commonly accepted as
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03
Title / Application / Rules
a domesticated household pet. Unless otherwise defined, such animals shall
include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea piqs,
domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting
reptiles or amphibians, and other similar animals.
Animals, Farm. Cattle, hogs, bccs, sheep, goats, chickens, turkcys, horses
State of Minnesota. Any animal commonly associated with a farm or performing
work in an agricultural setting. Unless otherwise defined, such animals shall
include members of the equestrian family (horses, mules), bovine family (cows,
bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding
Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a
farm, ranch, or stable.
Antenna Related.
1. Personal Wireless Service. A device consisting of a metal, carbon, fiber,
or other electromagnetically conducive rods or elements on a single
supporting pole or other structure, and used for the transmission and
reception of wireless communications including cellular, personal
communication services (PCS), enhanced specialized mobilized radio
(ESMR), paging and similar services.
2. Public or Commercial Radio and Television, Broadcast Transmitting. A
wire, set of wires, metal or carbon fiber rod or other electromagnetic
element used to transmit public or commercial broadcast radio, or
television programming and including the support structure thereof.
3. Public Utility Microwave. A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the
transmission and /or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the support structure
thereof.
4. Radio and Television Receiving. A wire, set of wires, metal or carbon
fiber element(s) other than satellite dish antennas, used to receive radio,
television, or electromagnetic waves, and including the support structure
thereof.
5. Satellite Dish. A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, cone,
horn, or cornucopia. Such device shall be used to transmit and /or receive
radio or electromagnetic waves between terrestrially and /or orbitally based
uses. This definition shall include, but not be limited to, what are
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -12
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Existing Use. The use of a lot or structure at the time of the enactment of a
zoning ordinance.
Exterior Storage /Storage Yards. An outside area where equipment, vehicles,
trailers, or material relating to the principal use of a parcel of land is stored. This
includes semi - trucks and trailers. The stored items are not for sale or display but
are used in the everyday operation of the principal use. Also referred to as
"outdoor storage." Outdoor sales lots are not outdoor storage but are distinct
uses regulated by this ordinance.
Extractive Use. The use of the land for surface or subsurface removal of sand,
gravel, rock, industrial minerals, other non - metallic minerals and peat not
regulated under Minnesota Statutes, Sections 93.44 to 93.51.
Family. An individual or two (2) or more persons related by blood or marriage or
of not more than five (5) persons (excluding servants) who need not be related
by blood or marriage living together in a dwelling unit.
Farm. Real property used for commercial agriculture or horticulture. comprising
Farm Building. _ - e _ _ _ _ -• : • e An accessory building
designed, constructed, used or intended to house farm implements or agriculture
areas, as defined by this Chapter, on an active farm operation of more than
twenty (20) acres. A Minnesota Pollution Control Agency Permit may be
required.
intended for use by thc farm's owner, a relative of the owner, or a person
employed thcreep
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Farm, Limited. A limited farm is a food producing use primarily intended for the
use of the residents and on parcels of from one (1) to twenty (20) contiguous
acres in size. Limited farming uses may include thc production of crops, such as
fruits, vegetables, flowers, plants, shrubs and trees. Animals and domestic pets
Feedlot. A confined area or structure used for feeding, breeding, or holding
livestock for eventual sale in which animal waste may accumulate but not
including barns, pens or other structures used in a dairy farm operation.
Fence. A fence is defined for the purpose of this Ordinance as any partition,
structure, wall or gate erected as a dividing mark, barrier or enclosure.
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03 1 -22
Title / Application / Rules
equipment, parts, fuel, grease or oil are sold and vehicles are not equipped,
serviced, repaired, hired or sold.
Gazebo. A freestanding accessory structure or pavilion from which views of
surrounding scenery are commonly offered. Such structures are characterized
by partly open construction, design symmetry, and the use of ornamental
architectural features.
Grade (Adjacent Ground Elevation). The lowest point of elevation of the
finished surface of the ground, paving, or sidewalk within the area between the
building and property line, or when the property line is more than five (5) feet
from the building, between the building and a line five (5) feet from the building.
Grading Plan. Existing topography and proposed finished grades with a contour
interval of no greater than two (2) feet clearly indicating the relationship of
proposed changes to existing topography and remaining features.
Greenhouse /Nursery, Commercial. An enterprise that conducts the retail
and /or wholesale of plants grown on the premises, as well as accessory items
(but not power equipment, such as qas or electric lawn mowers and farm
implements) directly related to their care and maintenance. (A
greenhouse /nursery that does not conduct retail or wholesale is considered
horticulture.)
Greenway. Land shown in the Comprehensive Plan that is intended to:
1. Preserve contiguous open space to define neighborhoods.
2. Preserve ecologic features and function of unique environmentally
sensitive areas.
3. Protect a diversity of natural features and habitat.
4. Provide for passive recreational trail opportunities.
Hardship. The same as that term is defined in Minnesota Statutes, Chapter
462.
Hazardous Waste. Any refuse, sludge, or other waste material or combination
of refuse, sludge, or other waste materials in solid, semi - solid, liquid, or
contained gaseous form which because of its quantity, concentration, or
chemical, physical, or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or an increase
in serious or irreversible, or incapacitating reversible illness, or
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -24
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Interim Use. A temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer allow said
use.
Irrigation System. Any structure or equipment, mechanized or other, used to
supply water for landscaping, vegetation, commercial agriculture or horticulture,
including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams,
ditches, tanks, ponds, and reservoirs.
Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used
for the storage, collection, processing, purchase, sale or abandonment of
wastepaper, rags, scrap metal or other scrap or discarded goods, materials,
machinery or two (2) or more unregistered, inoperable motor vehicles or other
type of junk.
Kennel, Commercial.
merchandising that is not defined as a private kennel. Every commercial kennel
escape of animals confined therein. Any structure or premises on which dogs
are kept for the business of boarding for a fee, for the business of breeding for
sale or other profit - making purpose, and not solely for private enjoyment.
Kennel, Private.
not for monetary gain. Every kennel shall be enclosed or fenced in such manner
as to prevent the running at large or escape of animals confined therein. Any
structure or premises on which between 3 (three) and 4 (four) dogs, over six
months of age, are kept for private enjoyment and not for monetary gain.
Land Reclamation. The process of the re- establishment of, acceptable
topography (i.e., slopes), vegetative cover, soil stability, and the establishment of
safe conditions appropriate to the subsequent use of the land.
Lighting Related:
A Cutoff. The point at which all Tight rays emitted by a Tamp, light source or
luminaire are completely eliminated at a specific angle above the ground.
B Cutoff Angle. The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from the
light source above which no light is emitted (see Figure 1).
Figure 1. Cutoff Angle
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -26
Lot Area. The total area within the lot lines of a lot measured in a horizontal
plane.
Lot, Base. Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling or townhome subdivision.
Lot, Corner. A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the point of deflection in alignment of a single
street, the interior angle of which is one hundred thirty -five (135) degrees or less.
Lot Depth. The mean horizontal distance between the front lot line and the rear
lot line measured from a ninety (90) degree angle from the street right -of -way
within the lot boundaries.
Lot, Double Frontage. A lot which has a pair of opposite lot lines abutting two
(2) substantially parallel streets, and which is not a corner lot.
Lot, Flag. A lot that has access to a public street via a narrow strip but does
not have the full required frontage on a public street.
Lot Frontage. The narrowest lot boundary abutting a public street that meets
minimum lot width requirements. If none of the boundaries abutting a public
street meet minimum lot width requirements, then the lot frontage is the widest
boundary abutting a street.
Lot, Interior. A lot, other than corner lot, including through lots.
Lot Line. A property boundary line of any lot held in single or separate
ownership except that where any position of the lot extends into the abutting
street or alley, the lot line shall be deemed to be the street or alley right -of -way.
Lot Line, Front. The lot line separating a lot from the street right -of -way along
the lot frontage.
Lot Line, Rear. The lot line opposite and most distant from the lot frontage
which connects the side lot lines. For the purposes of this Ordinance, the rear lot
line of a triangular lot shall be a line entirely within the lot at least ten (10) feet
long and parallel to and most distance point from the front lot line. If the front lot
line on such a lot is curved, the rear lot line shall be parallel to a line tangent to
the front lot line.
Lot Line, Side. Lot lines extending away from the lot frontage, which connects
the front and rear lot lines.
Lot, Through. A lot fronting on two parallel streets.
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -29
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Trucking Terminal. Land or buildings used primarily as a relay station for the
transfer of freight from one vehicle to another or one party to another rather than
permanent or long term storage. The terminal facility might include storage
areas for trucks and buildings for truck maintenance and repair.
Variance. A modification of the strict provisions of this Ordinance as applied to a
specific piece of property in order to provide relief for a property owner because
of undue hardship imposed upon the property by this Ordinance. A variance
shall normally be limited to height, density and yard requirements. A modification
in the allowable uses within a district shall not be considered a variance.
Veterinary Hospital. A place for the treatment, hospitalization, surgery, care
and boarding of animals and birds, under the direction of one or more licensed
veterinarians.
Wading Pool. An above - ground or in- ground structure containing less than
eighteen (18) inches of water.
Warehouse. A building used for warehousing.
Warehousing and Distribution. The storage, wholesaling, or distribution of
manufactured products, supplies, and equipment.
Waterbody or Watercourse. Any natural or man -made passageway on the
surface of the earth so situated and having such a topographical nature that
surface water stands or flows through it from other areas. The term includes
ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes,
streams, wetland areas, and any other open surface water flow which is the
result of storm water or ground water discharge. This term does not include
man -made piping systems commonly referred to as storm sewers.
Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Wetlands. An area where water stands near, or above the soil surface during a
significant portion of most years, saturating the soil and supporting a
predominantly aquatic form of vegetation, and which may have the following
characteristics:
1. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge
meadow, shrub land, southern lowland forest (lowland hardwood), and
northern lowland forest (conifer swamp) communities. (These
communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8
described by the United States Fish and Wildlife Service, Circular 39,
'Wetlands of the U.S. 1956 ".)
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -39
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SECTION 3. GENERAL PROVISIONS
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to
establish general development performance standards. These standards are intended
and designed to assure compatibility of uses; to prevent urban blight, deterioration and
decay; and to enhance the health, safety and general welfare of the residents of the
community.
Subd. 2. Non - Conforming Uses and Structures.
A. Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances, and conditions under which non - conforming buildings, structures
and uses will be operated and maintained. The Zoning Ordinance establishes
separate districts, each of which is an appropriate area for the location of uses
which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non - conforming buildings, structures and
uses not be permitted to continue without restriction. Furthermore, it is the intent
of this section that all non - conforming uses shall be eventually brought into
conformity.
B. Provisions.
1. Any structure or use lawfully existing upon the effective date of this
existing upon such date except as hereinafter specified.
2. No structural alterations shall be made, except in compliance with items
(7) and (9) below.
3. When any lawful non conforming use of any structure or land in any
�l. Whenever a non conforming structure shall have been damaged by fire,
flood, explosion, arthquakc, war, riot, or act of God, it may be
months after such calamity, unless the damage to the structure is fifty (50)
representatives), in which case the reconstruction shall be for a use in
5. Whenever a lawful, non conforming use of a building or structure or land
Lino Lakes Zoning Ordinance
Amended Per Ord. 07 -05
3 -1
General Provisions
or structure or land shall be in conformity with thc provisions of this
Ordina -n e,
6. Any non conforming use of open land, that is use of land without
Ordinance, whereupon such non conforming use shall cease.
to a non conforming use is permitted, including necessary repairs and
use.
8. A lawful non conforming use may be changed only to a use that
decreases its non conformity.
9. Alterations may be made to a structure containing non conforming
residential units when they will improve the livability thereof, provided they
will not incr osc thc number of units or expand thc size or degree of the
non conformity.
1 Any nonconformity, including the lawful use or occupation of land or
premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion,
unless:
a. The nonconformity or occupancy is discontinued for a period of
more than one year; or
b. Any nonconforming use is destroyed by fire or other peril to the
extent of greater than 50 percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged. In this case, the City may impose reasonable
conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
2. Any subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy. The City may, by ordinance, permit an
expansion or impose upon nonconformities reasonable regulations to
prevent and abate nuisances and to protect the public health, welfare, or
safety. This subdivision does not prohibit the City from enforcing an
ordinance that applies to adults -only bookstores, adults -only theaters, or
similar adults -only businesses, as defined by ordinance.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -2
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to
3. Notwithstanding paragraph (1), the City shall regulate the repair,
replacement, maintenance, improvement, or expansion of nonconforming
uses and structures in floodplain areas to the extent necessary to
maintain eligibility in the National Flood Insurance Program and not
increase flood damage potential or increase the degree of obstruction to
flood flows in the floodway.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -3
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e. For each additional story over the district limitation or for each
additional ten (10) feet above the maximum allowed per district,
front and side yard setback requirements shall be increased by ten
(10) percent.
f. The construction does not limit solar access to abutting and /or
neighboring properties. A shadow study shall be required
illustrating shadow encroachment on adjoining properties.
g.
The provisions of Section 2, Subd. 2. of this Ordinance are
considered and satisfactorily met.
3. Obstructions. In the case of any proposal to construct or alter a structure
which will exceed a height of two hundred (200) feet above ground level of
the site, or any proposal to construct or alter a structure to a height of
greater than an imaginary surface extending upward and outward at a
slope of one hundred to one (100:1) from the nearest point of the nearest
runway of a public airport, the applicant shall notify the Commissioner of
the Minnesota Department of Transportation in writing of the plans at least
thirty (30) days in advance of making applicable permit requests to the
City. The applicant shall provide the Zoning Administrator with any
comments received from the Commission of the Minnesota Department of
Transportation as part of the required applicable permit request. This
local reporting is in addition to any Federal permitting and review
processing which may be simultaneously required.
D. Accessory Buildings and Structures.
1. General Provisions.
a. No accessory building or use shall be constructed or developed on
a lot prior to the time of construction of the principal building to
which it is accessory.
b. A building or portion thereof used for an accessory use, other than
home occupation, shall be considered as an accessory building.
c. No detached accessory building shall be closer to the front lot line
than the principal building or its attached garage except within the
R, R -X, and R -BR Zoning Districts, provided the accessory building
is set back at least one hundred (100) feet from the street right -of-
way.
d. Setbacks for accessory buildings in all districts shall be determined
in accordance with appropriate district provisions. Location of said
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -16
accessory buildings shall not interfere with the future subdivision of
the property, - - - - - - - - - - - - - - -
e. A garage in residential districts shall not be utilized for business
service or industry. Such garage shall not be used for the storage
of more than one (1) commercial vehicle having a gross weight
rating exceeding eleven thousand seventy -five (11,075) pounds.j
f. Accessory structures may be constructed within public and private
utility and drainage easements provided that:
1) No accessory structure shall be located within a drainage or
utility easement without written permission of the Zoning
Administrator and the filing of an encroachment agreement.
2) No footings or foundation shall be placed within the
easement.
3) The entire structure, including any base material, must be
designed to be easily moved if deemed necessary by the
city.
4) Removal of an accessory structure or portion thereof for the
purpose of utilizing the easement shall be at the property
owner's expense.
2. Sport Courts. In all districts, the following standards shall apply to sport
courts:
a. A building permit shall be required for all private residential and
commercial sport courts.
b. A conditional use permit shall be required for all commercial sport
courts.
c. An application for a building permit or a conditional use permit shall
include a site plan showing the following along with all required
information:
1) The size, shape, pavement and sub - pavement materials.
2) The location of the court.
3) The location of the house, garage, fencing, septic systems
and any other structural improvements on the lot.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -17
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residence and, if so, for what period of time during the year, type of
sanitary sewage facility, water supply, and plot plan showing
method of access to public road.
c. Each houseboat shall have one (1) off - street parking space within
four hundred (400) feet of the access to the docking of such
houseboat.
d. No houseboat shall be used as a permanent residence and further,
that utilities including sanitary sewer, water, electricity, and phone
shall not be extended to the houseboat.
5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during
summer months shall be considered an accessory building. All ice fishing
houses stored on site shall be licensed in accordance with State law.
6. Docks and Boat Launches. Private docks and boat launches may be
stored upon riparian Tots provided such structures lie upon the same lot as
the principal structure to which they serve.
7. Roadside Stands. Seasonal, temporary roadside stands for the sale of
40 agricultural products shall be permitted if:
a. They are located in a zoning district which makes a specific
allowance for such use; and
b. They are located upon the lot on which the produce is grown.
c. They are erected at least sixty (60) feet back from the nearest edge
of the roadway surface; and
c. Adequate parking space is provided off the road right -of -way and
safe vehicular access and movements are assured.
8. Domestic Animal Shelters. Structures dedicated to the housing of
domestic animals are considered accessory structures for the purpose of
applying this Chapter and shall comply with the following standards:
a. The keeping of animals is allowed in accordance with the
provisions of Chapter 503.
b. If all Animal Shelters on a property do not exceed a total of 64
square feet in area, then they shall not be counted towards the
maximum number and size of accessory buildings.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -22
c. Animal shelters are limited to a maximum of 60 inches in overall
height. If a shelter exceeds 60 inches in height, it is not allowed
the exception to accessory building number and size in paragraph
b.
89. Rural and Residential Zoning District Accessory Buildings. The following
summarizes the maximum number, size, and height of accessory
buildings allowed in an individual parcel according to lot size and
residential district.
a. Twenty (20) Acres or Greater. (R, R -X, R -BR, R -1, R -1X, R -EC,
and PSP Districts)
1) No maximum combination of accessory building(s) and
garage(s) size requirement.
2) Metal buildings and pole barns acceptable.
3) No maximum height requirement.
4) One (1) attached garage not to exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R -1, R-
1X, R -EC, and PSP Districts)
1) The combination of accessory building(s) and garage(s)
shall not exceed five thousand (5,000) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a. One (1) attached garage and
b. Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
4) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -23
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f. Less than One and One - Quarter Acre. (R, R -X, R -1, R -1X, R -EC,
R -2, R -3, R -4, R -6, R -7, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed one thousand two hundred (1,200) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and one (1) detached
structure, or
b) Two (2) detached accessory structures.
3) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to ninety (90)
percent of the size of the house foundation, whichever is
greater.
4) Twenty (20) foot maximum height.
5) No metal sheet/panel siding with vertical orientation except
upon tool sheds less than one hundred fifty (150) square
feet in area. Metal horizontal lap siding is acceptable.
6) Roof and exterior color and material compatible with home
(except manufactured tool shed).
7) Lots that have shared ownership /membership in the Lino
Airpark may have a three thousand two hundred (3,200)
square foot accessory building as an airplane hangar
provided that:
a) The hangar be earth tone in color.
b) The hangar conform to Building Code standards for
hangar use.
c) The hangar location has direct taxiway access to the
Lino Airpark runway.
910. Commercial and Industrial Zoning Districts. The following establishes the
maximum number, size, and height of accessory buildings allowed in the
commercial and industrial zoning districts:
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -26
from adjoining properties and public streets, except for the
following:
1) Laundry drying.
2) Non - vehicular recreational equipment.
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment
currently (within a period of twelve (12) months) being used
on the premises.
6) Agricultural equipment and materials, if these are used or
intended for use on the premises.
7) Off - street parking of licensed passenger automobiles and
pick up trucks in designated driveway or parking area,
surfaced in compliance with Section 3, Subd. 5.C.8.ij of this
Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
b. Recreational and Utility Vehicle and Trailer Storage. Recreational
vehicles, as defined by Section 31, Subd. 2 of this Ordinance may
be parked or stored on a residential site provided that:
1) The vehicles are registered to or rented by a resident of the
dwelling on such site, provided that:
a) The vehicles have affixed thereto current registration
or license plates as required by law.
b) The vehicles are stored no closer than five (5) feet
from side and rear lot lines.
c) The vehicles located within front yard areas are
confined to designated driveways or parking areas
surfaced in compliance with Section 53, Subd.
5.C.8.j. of this Ordinance.
2) All front yard storage comply with the following setbacks
from street curb and pavement lines:
Street Classification Minimum setback from
curb /pavement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -34
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Fences and Walls. Fences and walls shall be permitted in all required yards
subject to the following:
1. Permit Required. It is unlawful for any person hereafter to construct or
cause to be constructed or erected within the platted areas of the City,
any fence or wall without first making an application for and securing a
fence permit.
2. Certificate of Survey. An application for a fence or wall permit shall be
accompanied by a current certificate of survey providing exact lot
dimensions, the location of existing buildings, structures, and easements
on the lot, and the location of the proposed fence. At the discretion of the
City, a final plat detail of the lot with the required information shown may
suffice if no certificate of survey is available. Applicant shall be required
to physically identify the property corners for City inspection.
3. Location. All fences or walls shall be located entirely within the private
property of the person, firm, or corporation constructing or causing the
construction of such fence.
a. No fence or wall shall be permitted on public rights -of -way.
b. Traffic visibility requirements set forth in Section 3, Subd.
3.bE.1.c. of this Ordinance shall be satisfactorily met.
c. No fence or wall shall obstruct natural drainage.
d. Fences or walls may be constructed within public and private utility
and drainage easements provided that:
1) No fence or wall shall be located within a drainage or utility
easement without written permission of the Zoning
Administrator and the filing of an encroachment agreement.
2) Removal of a fence or wall or a portion thereof for the
purpose of utilizing the easement shall be at the property
owner's expense.
4. Construction and Maintenance.
a. Every fence or wall shall be constructed in a professional and
substantial manner and of substantial material reasonably suitable
for the purpose for which the fence is proposed to be used. The
materials and design shall also be compatible with other structures
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3-48
in the area in which the fence or wall is located and shall not cause
blight or a negative impact. Fences shall be at least ten (10)
percent open to provide space for the passage of air. No used
material shall be used in the construction of fences or
walls.
b. Every fence or wall shall be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or
private. Any such fence or wall which is or has become dangerous
to the public safety, health or welfare is a public nuisance, and the
City shall commence proper proceedings for the abatement
thereof.
c. All posts or similar supporting instruments used in the construction
of fences shall be faced inward toward the property being fenced.
That side of the fence or wall considered to be the face shall be
oriented toward abutting property.
d. Fences which are ninety (90) percent open (barb wire, chain Zink,
woven wire, and other similar type fences) which are for the sole
purpose of containing c farm animals within a rural
zoning district are not subject to the provisions of this Ordinance
and do not require a building permit. Chain link fences shall have
round steel parts and braces.
e. Solid walls and retaining walls (such as masonry construction) in
excess of forty -two (42) inches in height shall be prohibited. When
utilized, tiered retaining walls shall be separated by a horizontal
landing not Tess than three (3) feet in width.
5. Access. All fences or walls shall be provided with a gate which affords
reasonable and convenient access for public safety.
6. Residential District Fences or Walls. All residential district fences or walls
shall be placed within the property being fenced.
a. Fences or walls may be located in any yard up to a height of four
(4) feet.
b. Except as prohibited by Subd. T4.R.6.c below, a fence or wall up to
six (6) feet high may be erected from a line extended from the front
facade of the principal building to the side lot lines, and then along
the side lot lines and the rear lot line (see Diagram 6.b).
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -49
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c. Should the rear lot line of a lot be common with the side lot line of
an abutting lot, that portion of the rear or side lot equal to the
required front yard setback of the abutting lot shall not be fenced or
walled to a height of more than four (4) feet. For the purpose of
this section, the front and side yards of the abutting lot shall be as
defined in this Ordinance rather than as related to the orientation of
the house (see Diagram 6.c).
d. Residential Fences or Walls Height Exceptions.
1) Fences for sport courts may be up to twelve (12) feet in
height with ten (10) foot setback.
2) Residential boundary line fences or walls may be erected to
a height of eight (8) feet along a property line abutting a
commercial, industrial, or semi - public use or zoning district.
e. Wire fence other than chain link shall not be permitted as boundary
line fences within five (5) feet of the property line in residential
zoning districts.
• f. Electrical and barb wire fences are prohibited in
residential zoning districts.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -50
7 Commercial and Industrial District Fences or Walls. (See Diagram 7 abc)
a. A fence or wall not exceeding four (4) feet in height may be erected
in any yard.
b. A fence or wall not exceeding eight (8) feet in height may be
erected parallel to the front lot line from a front corner of a principal
building to a side lot line that is not adjacent to a street.
c. A fence or wall not exceeding ten (10) feet in height may be
erected on a rear lot line or on a side lot line that is not adjacent to
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -51
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a street from a point where the front facade of a principal building
would intersect with a side lot line extending to the rear property
line.
d. Should the rear lot line be common with the side lot line of an
abutting lot, that portion of the rear lot line equal to the required
front yard setback of the abutting lot shall not be fenced or walled
to a height of more than four (4) feet.
- -1 - -�
I
' 10' fence
1
allowed -4
1
street right of way
FENCES OR WALLS
IN BUSINESS AND
INDUSTRIAL ZONES
8' fence
allowed
4' fence
allowed
Diagram 7 abc
e. Within commercial and industrial and public /semi - public zoning
districts, barbed wire may be attached to the tops of fences or walls
with the following conditions:
1) Fences or walls must be a minimum of eight (8) feet in
height exclusive of the security arm.
2) The security arm must be angled in such a manner that it
extends only over the property of the permit holder.
3) Wire security fencing shall not be permitted within the
required front yard or along a property line abutting a
residential use.
8. Public and Semi - Public District Fences or Walls. Fences or walls in the
public and semi - public districts may be erected in any yard to a height of
eight (8) feet. Barbed wire fences used for security purposes may be
permitted in the public and semi - public zoning district per Section 3, Subd.
4.T R.7.e of this Ordinance.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -52
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Subd. 5. Off - Street Parking.
A. Purpose. The regulation of off - street parking spaces in these zoning
regulations is to alleviate or prevent congestion of the public right -of -way and to
promote the safety and general welfare of the public, by establishing minimum
requirements for off - street parking of motor vehicles upon various parcels of land
or structures.
B. Application of Off - Street Parking Regulations. The regulations and
requirements set forth herein shall apply to all off - street parking facilities in all of
the zoning districts of the City.
C. General Provisions.
1. Space Reduction. Existing off - street parking spaces upon the effective
date of this Ordinance shall not be reduced in number unless said number
exceeds the requirements set forth herein for a similar new use.
2. Existing Uses. Should a legal, non - conforming building, structure, or use
in existence upon the effective date of this Ordinance be damaged or
destroyed by fire or other cause, it may be re- established in accordance
with Section 3, Subd. 2 of this Ordinance, except that in so doing, any off -
street parking or loading which existed must be retained.
3. Change of Use or Occupancy of Buildings. Any change of use or
occupancy of any building or buildings including additions thereto
requiring more parking area shall not be permitted until there is furnished
such additional parking spaces as required by these zoning regulations.
4. Use of Parking Area. Required off - street parking space in any district
shall not be utilized for open storage of goods or for the storage of
vehicles which are inoperable or for sale or for rent.
5. Accessible Parking. All parking associated with any building, structure or
use shall be required to conform to the disability accessible parking
standards pursuant to Minnesota Statutes 168.021, as may be amended .
6. Use of Parking Facilities in a Residential District. Except as allowed
under Section 3, Subd. 5.hK, off - street parking facilities accessory to a
residential use shall be utilized solely for the parking of passenger
automobiles, recreational vehicles, and /or one truck not to exceed eleven
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -53
shall be subject to additional requirements which are imposed by this
Ordinance.
10. Community Centers, Libraries, Private Clubs, Lodges, Museums, Art
Galleries. One (1) space for each three hundred (300) square feet of floor
area in the principal structure.
11. Day Care Facilities.
a. Day care facilities serving fourteen (14) or fewer persons: Two (2)
spaces per unit.
b. All other day care facilities: One (1) space per teacher on the
largest shift, plus one (1) space per five (5) students /children based
on maximum capacity of the facility.
12. Office Buildings, Animal Veterinary Hospitals and Clinics, Professional
Offices and Medical Clinics. Three (3) spaces plus at least one (1) space
for each two hundred (200) square feet of floor area.
13. Financial Institutions, Banks, Savings and Loan. Four (4) spaces for
every one thousand (1,000) square feet.
14. Health Club. One (1) space per two (2)exercise stations (e.g., strength
machine or cardio vascular) plus one (1) space per employee on the
largest shift plus additional parking for ancillary uses (e.g., gyms,
auditoriums, offices, restaurants).
15. Retail Store and Service Establishment. At least one (1) off - street
parking space for each two hundred (200) square feet of floor area.
16. Shopping Centers. Five and one -half (5 -1/2) spaces per each one
thousand (1,000) square feet of gross leasable floor area (exclusive of
common areas)
17. Retail Sales and Service Business with Fifty (50) Percent or More of
Gross Floor area Devoted to Storage, Warehouses and /or Industry. At
least eight (8) spaces or one (1) space for each two hundred (200) square
feet devoted to public sales or service, plus one (1) space for each five
hundred (500) square feet of storage area.
18. Restaurants, Cafes, Private Clubs Serving Food and /or Drinks, Bars, On-
Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square
feet of dining room, plus one (1) space for each employee of the
maximum work shift.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -62
r
•
5. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
6. Limited livestock raising of up to three hundred (300) animal units in
Keeping of farm animals of
up to three hundred (300) animal units in conformance with Chapter 503. No
more than one (1) animal unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
Lino Lakes Zoning Ordinance Rural Districts
5 -3
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as amended,
of the City Code.
9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R District. These uses
require a conditional use permit based on the standards and procedure outlined in
Section 2, Subd. 2 of this Ordinance.
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity of
the arena.
b. Side yard setbacks shall not be less than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off- street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
e. Adequate off - street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
3. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas less than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
Lino Lakes Zoning Ordinance Rural Districts
5-4
•
•
kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
a. The applicable provisions of Section Chapter 503 de
are determined to be satisfied.
b. Property shall be in conformance with minimum lot size requirements
of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
5. Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size requirements
of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be provided
to accommodate the periodic exercising of animals boarded at
the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and
will be capable of completely exchanging internal air at a rate
of at least twice per hour. Air temperature must be maintained
between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
Lino Lakes Zoning Ordinance Rural Districts
5 -5
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
56. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
67. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
78. Public and private airports provided that:
a. The applicable provisions of Section 9, Subd. 4 of this Ordinance
relating to airport zoning are satisfactorily met.
b. All applicable requirements of the Federal Aviation Administration
(FAA), Minnesota Department of Transportation (MnDOT), and
Metropolitan Airports Commission (MAC) are satisfactorily met.
89. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
Lino Lakes Zoning Ordinance Rural Districts
5 -6
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•
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
g10. Wild game farms and gun clubs provided that:
a. The principal use, function or activity is open, outdoor in character,
and the site shall contain a minimum of one hundred (100) acres.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. Any operation involving the discharge of firearms shall comply with
Section 504 of the City Code.
d. When abutting a residential use and a residential district, the property
is screened and landscaped in compliance with Section 3, Subd. 4.Q.
of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R District and governed by Section 2, Subd. 3. of this Ordinance.
1. None.
Lino Lakes Zoning Ordinance Rural Districts
5 -7
5. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
6.
accordance with Section 503 of the City Code. Keeping of farm animals of
up to three hundred (300) animal units in conformance with Chapter 503. No
more than one (1) animal unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -X District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
7 Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as amended,
Lino Lakes Zoning Ordinance Rural Districts
5 -10
•
• of the City Code.
9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R -X District. These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas less than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
3. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
a. The applicable provisions of Sects Chapter 503 de
are determined to be satisfied.
b. Property shall be in conformance with minimum lot size requirements
of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
4. Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size requirements
of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
Lino Lakes Zoning Ordinance Rural Districts
5 -11
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be provided
to accommodate the periodic exercising of animals boarded at
the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and
will be capable of completely exchanging internal air at a rate
of at least twice per hour. Air temperature must be maintained
between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
---45. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
Lino Lakes Zoning Ordinance Rural Districts
5 -12
•
•
•
regulations, as may be amended.
56. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
67. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q. of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15. of this Ordinance.
I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -X District and governed by Section 2, Subd. 3. of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance Rural Districts
5 -13
3) Parking Lot . Ten (10) feet.
d. From Residential District. Thirty -five (35) feet.
e. Between Principal Buildings. Not less than one -half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the GB District shall be erected or
structurally altered to exceed forty -five (45) feet in height.
D. Impervious Surface Coverage. In no event shall off - street parking space,
structures of any type, buildings, or other features cover more than seventy -five
(75) percent of the lot area resulting in less than twenty -five (25) percent pervious
landscaped area.
E. Building Requirements. All newly constructed commercial buildings shall
meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
F. Permitted Uses. In the GB District, no building or land shall be used, and no
building shall be erected, converted or structurally altered unless otherwise
provided herein, except for one or more of the following uses.
1. Adult use — principal and accessory.
2. Governmental and public regulated utilities, buildings, and structures
necessary for the health, safety, and general welfare of the City.
3. Commercial gGreenhouses and landscape nurseries.
4. Hospitality business.
5. Liquor sales, on and off sale.
6. Office business — clinical.
7. Office business — general.
8. Personal Services. (Added per Ord. 21 -03)
9 Recreational business contained entirely within the principal building.
10. Restaurant with or without drive - through facilities, without outdoor dining.
11. Retail business.
12. Service business — off -site.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 21 -03 & 9 -06 7 -18
f. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare and public betterment can be served
as well or better by modifying the conditions.
14. Veterinary clinics (with kennels) Hospitals provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An indoor animal kennel is permitted as a use accessory to the
veterinary clinic provided that:
1) The number of animals boarded shall not exceed twenty
(20).
2) An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of Section 500 of the City Code Chapter 503 relating to
the keeping of animals are satisfactorily met.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 04 -05 7 -32
•
• e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
1. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 14 of this Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the GB District and are governed by Section 2, Subd. 3. of
this Ordinance:
1. None.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 04 -05 7 -33
m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request finds that the general welfare and public
betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
5. Open and outdoor storage (not outdoor sales lots) as an accessory use
provided that:
a. The storage area is landscaped and screened from view of
neighboring uses, residential zoning districts, and public rights -of-
way per Section 3, Subd. 4.Q of this Ordinance.
b. Storage area is fenced in a manner approved by the City.
c. Storage area is blacktopped or concrete surfaced unless
specifically approved by the City Council.
d. All lighting shall be in compliance with Section 3, Subd. 4.F of this
Ordinance or other lighting standards in place at the time of project
approval.
e. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance and not in front yards.
f. The property shall not abut property zoned for residential, rural, or
business use, including land in a neighboring city. "Abutting"
includes across a street. "Abutting" does not include properties that
touch only corner to corner.
g. The property shall not abut I -35W or I -35E.
h. The storage area shall not abut a school or a public park.
i. The ratio of storage area to building footprint shall not exceed 3.5:1.
j. Storage shall not include material considered hazardous under
Federal or State Environmental Law.
6. Veterinary clinics (with kennels) Hospitals provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
Lino Lakes Zoning Ordinance Industrial Districts
8 -11
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An indoor animal kennel is permitted as a use accessory to the
veterinary clinic provided that:
1) The number of animals boarded shall determinod b�
City not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be
provided to accommodate the periodic exercising of animals
boarded at the kennel. Exterior exercise areas shall be
limited to a maximum of twenty -five (25) percent of the gross
floor area of the principal use.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of _ _ ! ! _ - - _. - _ e Chapter 503 relating to
the keeping of animals are satisfactorily met.
e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
Lino Lakes Zoning Ordinance Industrial Districts
8 -12
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b. Only the rear yard shall be used for play or recreational areas.
Said area shall be fenced and controlled in compliance with Section
3, Subd. 4.Q of this Ordinance.
c. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
e. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
I. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Telecommunication towers as regulated by Section 3, Subd. 15 of this
Ordinance.
3. Temporary mobile towers as regulated by Section 3, Subd. 15 of this
Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of
this Ordinance:
1. Farms, farmctoads and farming Farm Dwellings, Horticulture and
Agriculture.
Lino Lakes Zoning Ordinance Special Districts
9 -4
9. State licensed residential care facility serving six (6) or fewer persons.
10.
City Code. Keeping of farm animals in compliance with Chapter 503.
11. Temporary stands for the sale of agricultural products produced on the
premises.
12. Transmission towers /radio, television and other similar towers up to forty -
five (45) feet in height.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the R -BR District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses
allowed in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short-wave radio dispatching antennas, or
those necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as
amended, of the City Code.
9. Swimming pools, tennis courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the
Lino Lakes Zoning Ordinance Special Districts
9 -8
•
•
•
• principal use and their guests, as regulated by Section 3, Subd. 4.D of this
Ordinance.
•
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L Conditional Uses. The following are conditional uses in the R -BR District:
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity
of the arena.
b. Side yard setbacks shall not be Tess than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
d. Adequate off- street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
e. Adequate off- street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "major collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q
of this Ordinance.
3. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas greater than forty -five (45) feet in height
and Tess than two hundred (200) feet in height as regulated by Section 3,
Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
Lino Lakes Zoning Ordinance Special Districts
9 -9
a. The applicable provisions of Section Chapter 503 of the City Code
relating to the keeping of animals are determined to be satisfied.
b. Property shall be in conformance with minimum lot size
requirements of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
5. Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size
requirements of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be
provided to accommodate the periodic exercising of animals
boarded at the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
Lino Lakes Zoning Ordinance Special Districts
9 -10
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6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
56. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Such day care facility has access to adequate private sewer and
water to protect the health and safety of all persons who occupy the
facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum
requirements of the Minnesota Department of Health and Human
Services regulations, as may be amended.
67. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and
senior high schools; and religious institutions such as churches, chapels,
temples, mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
c. Adequate off - street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
Lino Lakes Zoning Ordinance Special Districts
9 -11
• observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
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k. Adult Use - Motion Picture Arcade. Any place to which the public is
permitted or invited wherein coin or slug- operated or electronically,
electrically or mechanically controlled or operated still or motor
picture machines, projectors or other image - producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas."
I. Adult Use - Motion Picture Theater. A building or portion of a
building with a capacity of fifty (50) or more persons used for
presenting material if such building or portion of a building as a
prevailing practice excludes minors by virtue of age or if such
material is distinguished or characterized by an emphasis on
"specified anatomical areas" for observation by patrons therein.
m. Adult Use - Novelty Business. A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
n. Adult Use - Sauna. A sauna which excludes minors by reason of
age, or which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
o. Adult Use - Steam Room /Bathhouse Facility. A building or a
portion of a building used for providing a steam bath or heat bathing
room used for the purpose of pleasure, bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts
minors by reason of age or if the service provided by the steam
room /bathhouse facility is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
Agricultural Farm Building. An accessory building designed, constructed, used
or intended to house farm implements or agriculture ar as, as defined by this
Ordinance, on an active farm operation of more than twenty (20) acres. A
Minnesota Pollution Control Agency Permit may be required.
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -9
Agriculture. The use of land for the production, keeping or maintenance, for
sale, or personal use, of plants and animals useful to man, including but not
limited to: forages and sod crops, grains and seed crops; dairy animals and dairy
products, poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary
products; fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry management program. Agricultural land uses do not
include slaughter houses or the processing of crops, produce, animals for public
purchase or consumption as to constitute a commercial or industrial land use.
Airport. A place where aircraft can land and take off, usually equipped with
hangars, facilities for refueling and repair, and various accommodations for
passengers.
Airport, Private Use. Airports which are intended for use by certain individuals
or associations and not to the public.
Animal Unit. A unit of measure used to compare differences in the production
(1,000).
Animal Unit
(1) Slaughter Steer or Heif
40
(1) Cow a
-Sew
(1) Over 1,000 lbs
(1) Under 1,000 lbs
44
Swine
(1) Over 300 lbs
(1) Between 55 300 lbs
(1) Under 55 lbs
(ham
Turkey
(1) Ovcr 5 lbs
(1) k d cr -Ibs
r. 1
(1) Over 5 lbs
(1) Chicken (Liquid Manure
.018
.003
.003
4-0
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -10
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Animal Unit. A unit of measure used to compare differences in the production
of animal manure that employs as a standard the amount of manure produced on
a regular basis by a slaughter steer or heifer for an animal feedlot or a manure
storage area, calculated by multiplying the number of animals of each type by the
respective multiplication factor and summing the resulting values for the total
number of animal units. For purposes of this chapter, the following multiplication
factors shall apply. For animals not listed, the number of animal units is the
average weight of the animal in pounds divided by 1,000 pounds.
Animal
Animal Unit
Dairy Cattle
Mature Cow (1,000 pounds or over)
1.4
Mature Cow (Under 1,000 pounds)
1.0
Heifer
.7
Calf
.2
Beef Cattle
Slaughter Steer or Stock Cow
1.0
Feeder Cattle or Heifer
.7
Cow and Calf Pair
1.2
Calf
.2
Swine
Over 300 pounds
0.4
Between 55 and 300 pounds
0.3
Under 55 pounds
0.05
Horse
1.0
Sheep or Lamb
.1
Chicken (Liquid Manure System)
.0333
Chicken (Dry Manure System)
5 pounds or over
.005
Less than 5 pounds
.003
Turkey
5 pounds or over
.018
Less than 5 pounds
.005
Duck
.01
Animals, Domestic. For purposes of this Ordinance, domestic animals shall be
defined as house pets such as dogs, cats, traditional and typical animal pets, and
birds (not including pigeons, chickens, geese, turkeys or other domestic fowl)
which can be contained within a principal structure throughout the entire year,
Any animal commonly accepted as
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03
Title / Application / Rules
a domesticated household pet. Unless otherwise defined, such animals shall
include dogs, cats, caged birds including pigeons, gerbils, hamsters, quinea piqs,
domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting
reptiles or amphibians, and other similar animals.
Animals, Farm. Cattle, hogs, becs, chccp, goats, chickens, turkcys, horses
State of Minnesota. Any animal commonly associated with a farm or performing
work in an agricultural setting. Unless otherwise defined, such animals shall
include members of the equestrian family (horses, mules), bovine family (cows,
bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding
Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a
farm, ranch, or stable.
Antenna Related.
1. Personal Wireless Service. A device consisting of a metal, carbon, fiber,
or other electromagnetically conducive rods or elements on a single
supporting pole or other structure, and used for the transmission and
reception of wireless communications including cellular, personal
communication services (PCS), enhanced specialized mobilized radio
(ESMR), paging and similar services.
2. Public or Commercial Radio and Television, Broadcast Transmitting. A
wire, set of wires, metal or carbon fiber rod or other electromagnetic
element used to transmit public or commercial broadcast radio, or
television programming and including the support structure thereof.
3. Public Utility Microwave. A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the
transmission and /or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the support structure
thereof.
4. Radio and Television Receiving. A wire, set of wires, metal or carbon
fiber element(s) other than satellite dish antennas, used to receive radio,
television, or electromagnetic waves, and including the support structure
thereof.
5. Satellite Dish. A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, cone,
horn, or cornucopia. Such device shall be used to transmit and /or receive
radio or electromagnetic waves between terrestrially and /or orbitally based
uses. This definition shall include, but not be limited to, what are
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -12
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Existing Use. The use of a lot or structure at the time of the enactment of a
zoning ordinance.
Exterior Storage /Storage Yards. An outside area where equipment, vehicles,
trailers, or material relating to the principal use of a parcel of land is stored. This
includes semi - trucks and trailers. The stored items are not for sale or display but
are used in the everyday operation of the principal use. Also referred to as
"outdoor storage." Outdoor sales lots are not outdoor storage but are distinct
uses regulated by this ordinance.
Extractive Use. The use of the land for surface or subsurface removal of sand,
gravel, rock, industrial minerals, other non - metallic minerals and peat not
regulated under Minnesota Statutes, Sections 93.44 to 93.51.
Family. An individual or two (2) or more persons related by blood or marriage or
of not more than five (5) persons (excluding servants) who need not be related
by blood or marriage living together in a dwelling unit.
Farm. Real property used for commercial agriculture or horticulture. comprising
Farm Building. Sec Agricultural Farm Building. An accessory building
designed, constructed, used or intended to house farm implements or agriculture
areas, as defined by this Chapter, on an active farm operation of more than
twenty (20) acres. A Minnesota Pollution Control Agency Permit may be
required.
Farm Dwelling. A single family dwelling located on a farm which is used or
intended for use by the farm's owner, a relative of the owner, or a person
emplo ycd theroon
Feedlot. A confined area or structure used for feeding, breeding, or holding
livestock for eventual sale in which animal waste may accumulate but not
including barns, pens or other structures used in a dairy farm operation.
Fence. A fence is defined for the purpose of this Ordinance as any partition,
structure, wall or gate erected as a dividing mark, barrier or enclosure.
Lino Lakes Zoning Ordinance
Amended per Ord. 21 -03 1 -22
Title / Application / Rules
equipment, parts, fuel, grease or oil are sold and vehicles are not equipped,
serviced, repaired, hired or sold.
Gazebo. A freestanding accessory structure or pavilion from which views of
surrounding scenery are commonly offered. Such structures are characterized
by partly open construction, design symmetry, and the use of ornamental
architectural features.
Grade (Adjacent Ground Elevation). The lowest point of elevation of the
finished surface of the ground, paving, or sidewalk within the area between the
building and property line, or when the property line is more than five (5) feet
from the building, between the building and a line five (5) feet from the building.
Grading Plan. Existing topography and proposed finished grades with a contour
interval of no greater than two (2) feet clearly indicating the relationship of
proposed changes to existing topography and remaining features.
Greenhouse /Nursery, Commercial. An enterprise that conducts the retail
and /or wholesale of plants grown on the premises, as well as accessory items
(but not power equipment, such as gas or electric lawn mowers and farm
implements) directly related to their care and maintenance. (A
greenhouse /nursery that does not conduct retail or wholesale is considered
horticulture.)
Greenway. Land shown in the Comprehensive Plan that is intended to:
1. Preserve contiguous open space to define neighborhoods.
2. Preserve ecologic features and function of unique environmentally
sensitive areas.
3. Protect a diversity of natural features and habitat.
4. Provide for passive recreational trail opportunities.
Hardship. The same as that term is defined in Minnesota Statutes, Chapter
462.
Hazardous Waste. Any refuse, sludge, or other waste material or combination
of refuse, sludge, or other waste materials in solid, semi - solid, liquid, or
contained gaseous form which because of its quantity, concentration, or
chemical, physical, or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or an increase
in serious or irreversible, or incapacitating reversible illness, or
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -24
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Interim Use. A temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer allow said
use.
Irrigation System. Any structure or equipment, mechanized or other, used to
supply water for landscaping, vegetation, commercial agriculture or horticulture,
including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams,
ditches, tanks, ponds, and reservoirs.
Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used
for the storage, collection, processing, purchase, sale or abandonment of
wastepaper, rags, scrap metal or other scrap or discarded goods, materials,
machinery or two (2) or more unregistered, inoperable motor vehicles or other
type of junk.
Kennel, Commercial. Any structure or premises on which three (3) or more
dogs or cats, of one species, over six (6) months of age arc kept, owned,
Any structure or premises on which dogs
are kept for the business of boarding for a fee, for the business of breeding for
sale or other profit - making purpose, and not solely for private enjoyment.
Kennel, Private.
(6) dogs and cats, over six (6) months of age are kept for private enjoyment and
not for monetary gain. Every kennel shall be enclosed or fenced in such manner
. Any
structure or premises on which between 3 (three) and 4 (four) dogs, over six
months of age, are kept for private enjoyment and not for monetary gain.
Land Reclamation. The process of the re- establishment of, acceptable
topography (Le., slopes), vegetative cover, soil stability, and the establishment of
safe conditions appropriate to the subsequent use of the land.
Lighting Related:
A Cutoff. The point at which all light rays emitted by a lamp, light source or
luminaire are completely eliminated at a specific angle above the ground.
B Cutoff Angle. The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from the
light source above which no light is emitted (see Figure 1).
• Figure 1. Cutoff Angle
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -26
Lot Area. The total area within the lot lines of a lot measured in a horizontal
plane.
Lot, Base. Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling or townhome subdivision.
Lot, Corner. A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the point of deflection in alignment of a single
street, the interior angle of which is one hundred thirty -five (135) degrees or Tess.
Lot Depth. The mean horizontal distance between the front lot line and the rear
lot line measured from a ninety (90) degree angle from the street right -of -way
within the lot boundaries.
Lot, Double Frontage. A lot which has a pair of opposite lot lines abutting two
(2) substantially parallel streets, and which is not a corner lot.
Lot, Flag. A lot that has access to a public street via a narrow strip but does
not have the full required frontage on a public street.
Lot Frontage. The narrowest lot boundary abutting a public street that meets
minimum lot width requirements. If none of the boundaries abutting a public
street meet minimum lot width requirements, then the lot frontage is the widest
boundary abutting a street.
Lot, Interior. A lot, other than corner lot, including through lots.
Lot Line. A property boundary line of any lot held in single or separate
ownership except that where any position of the lot extends into the abutting
street or alley, the lot line shall be deemed to be the street or alley right -of -way.
Lot Line, Front. The lot line separating a lot from the street right -of -way along
the lot frontage.
Lot Line, Rear. The lot line opposite and most distant from the lot frontage
which connects the side lot lines. For the purposes of this Ordinance, the rear lot
line of a triangular lot shall be a line entirely within the lot at least ten (10) feet
long and parallel to and most distance point from the front lot line. If the front lot
line on such a lot is curved, the rear lot line shall be parallel to a line tangent to
the front lot line.
Lot Line, Side. Lot lines extending away from the lot frontage, which connects
the front and rear lot lines.
Lot, Through. A lot fronting on two parallel streets.
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -29
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Trucking Terminal. Land or buildings used primarily as a relay station for the
transfer of freight from one vehicle to another or one party to another rather than
permanent or long term storage. The terminal facility might include storage
areas for trucks and buildings for truck maintenance and repair.
Variance. A modification of the strict provisions of this Ordinance as applied to a
specific piece of property in order to provide relief for a property owner because
of undue hardship imposed upon the property by this Ordinance. A variance
shall normally be limited to height, density and yard requirements. A modification
in the allowable uses within a district shall not be considered a variance.
Veterinary Hospital. A place for the treatment, hospitalization, surgery, care
and boarding of animals and birds, under the direction of one or more licensed
veterinarians.
Wading Pool. An above - ground or in- ground structure containing less than
eighteen (18) inches of water.
Warehouse. A building used for warehousing.
Warehousing and Distribution. The storage, wholesaling, or distribution of
manufactured products, supplies, and equipment.
Waterbody or Watercourse. Any natural or man -made passageway on the
surface of the earth so situated and having such a topographical nature that
surface water stands or flows through it from other areas. The term includes
ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes,
streams, wetland areas, and any other open surface water flow which is the
result of storm water or ground water discharge. This term does not include
man -made piping systems commonly referred to as storm sewers.
Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Wetlands. An area where water stands near, or above the soil surface during a
significant portion of most years, saturating the soil and supporting a
predominantly aquatic form of vegetation, and which may have the following
characteristics:
1. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge
meadow, shrub land, southern lowland forest (lowland hardwood), and
northern lowland forest (conifer swamp) communities. (These
communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8
described by the United States Fish and Wildlife Service, Circular 39,
'Wetlands of the U.S. 1956 ".)
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21 -03 1 -39
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SECTION 3. GENERAL PROVISIONS
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to
establish general development performance standards. These standards are intended
and designed to assure compatibility of uses; to prevent urban blight, deterioration and
decay; and to enhance the health, safety and general welfare of the residents of the
community.
Subd. 2. Non - Conforming Uses and Structures.
A. Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances, and conditions under which non - conforming buildings, structures
and uses will be operated and maintained. The Zoning Ordinance establishes
separate districts, each of which is an appropriate area for the location of uses
which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non - conforming buildings, structures and
uses not be permitted to continue without restriction. Furthermore, it is the intent
of this section that all non - conforming uses shall be eventually brought into
conformity.
B. Provisions.
1. Any structure or use lawfully existing upon the effective date of this
(7) and (9) below.
district has been changed to a conforming use, it shall not thcr after bo
changed to any non conforming use.
'1. Whenever a non conforming structure shall have been damaged by fire,
months after such calamity, unless the damage to the structure is fifty (50)
percent or morc of its fair market value (as estimated by City Council or its
representatives), in which case the reconstruction shall be for a use in
accordance with the provisions of this ordinance.
Lino Lakes Zoning Ordinance
Amended Per Ord. 07 -05
3 -1
General Provisions
or structure or land shall be in conformity with the provisions of this
Ord inanse.
6. Any non conforming use of open land, that is use of land without
be continued for a period of three (3) y ors after thc effective date of this
7 Normal maintenance of a building or other structure containing or related
use.
9. Alterations may be made to a structure containing non conforming
will not increase the number of units or expand thc size or degree of the
non conformity.
Any nonconformity, including the lawful use or occupation of and or
premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion,
unless:
a. The nonconformity or occupancy is discontinued for a period of
more than one year; or
b. Any nonconforming use is destroyed by fire or other peril to the
extent of greater than 50 percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged. In this case, the City may impose reasonable
conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
2. Any subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy. The City may, by ordinance, permit an
expansion or impose upon nonconformities reasonable regulations to
prevent and abate nuisances and to protect the public health, welfare, or
safety. This subdivision does not prohibit the City from enforcing an
ordinance that applies to adults -only bookstores, adults -only theaters, or
similar adults -only businesses, as defined by ordinance.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -2
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3. Notwithstanding paragraph (1), the City shall regulate the repair,
replacement, maintenance, improvement, or expansion of nonconforming
uses and structures in floodplain areas to the extent necessary to
maintain eligibility in the National Flood Insurance Program and not
increase flood damage potential or increase the degree of obstruction to
flood flows in the floodway.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -3
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e. For each additional story over the district limitation or for each
additional ten (10) feet above the maximum allowed per district,
front and side yard setback requirements shall be increased by ten
(10) percent.
f. The construction does not limit solar access to abutting and /or
neighboring properties. A shadow study shall be required
illustrating shadow encroachment on adjoining properties.
g.
The provisions of Section 2, Subd. 2. of this Ordinance are
considered and satisfactorily met.
3. Obstructions. In the case of any proposal to construct or alter a structure
which will exceed a height of two hundred (200) feet above ground level of
the site, or any proposal to construct or alter a structure to a height of
greater than an imaginary surface extending upward and outward at a
slope of one hundred to one (100:1) from the nearest point of the nearest
runway of a public airport, the applicant shall notify the Commissioner of
the Minnesota Department of Transportation in writing of the plans at least
thirty (30) days in advance of making applicable permit requests to the
City. The applicant shall provide the Zoning Administrator with any
comments received from the Commission of the Minnesota Department of
Transportation as part of the required applicable permit request. This
local reporting is in addition to any Federal permitting and review
processing which may be simultaneously required.
D. Accessory Buildings and Structures.
1. General Provisions.
a. No accessory building or use shall be constructed or developed on
a lot prior to the time of construction of the principal building to
which it is accessory.
b. A building or portion thereof used for an accessory use, other than
home occupation, shall be considered as an accessory building.
c. No detached accessory building shall be closer to the front lot line
than the principal building or its attached garage except within the
R, R -X, and R -BR Zoning Districts, provided the accessory building
is set back at least one hundred (100) feet from the street right -of-
way.
d. Setbacks for accessory buildings in all districts shall be determined
in accordance with appropriate district provisions. Location of said
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -16
accessory buildings shall not interfere with the future subdivision of
the property,
e. A garage in residential districts shall not be utilized for business
service or industry. Such garage shall not be used for the storage
of more than one (1) commercial vehicle having a gross weight
rating exceeding eleven thousand seventy -five (11,075) pounds.
f. Accessory structures may be constructed within public and private
utility and drainage easements provided that:
1) No accessory structure shall be located within a drainage or
utility easement without written permission of the Zoning
Administrator and the filing of an encroachment agreement.
2) No footings or foundation shall be placed within the
easement.
3) The entire structure, including any base material, must be
designed to be easily moved if deemed necessary by the
city.
4) Removal of an accessory structure or portion thereof for the
purpose of utilizing the easement shall be at the property
owner's expense.
2. Sport Courts. In all districts, the following standards shall apply to sport
courts:
a. A building permit shall be required for all private residential and
commercial sport courts.
b. A conditional use permit shall be required for all commercial sport
courts.
c. An application for a building permit or a conditional use permit shall
include a site plan showing the following along with all required
information:
1) The size, shape, pavement and sub - pavement materials.
2) The location of the court.
3) The location of the house, garage, fencing, septic systems
and any other structural improvements on the lot.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -17
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residence and, if so, for what period of time during the year, type of
sanitary sewage facility, water supply, and plot plan showing
method of access to public road.
c. Each houseboat shall have one (1) off - street parking space within
four hundred (400) feet of the access to the docking of such
houseboat.
d. No houseboat shall be used as a permanent residence and further,
that utilities including sanitary sewer, water, electricity, and phone
shall not be extended to the houseboat.
5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during
summer months shall be considered an accessory building. All ice fishing
houses stored on site shall be licensed in accordance with State law.
6. Docks and Boat Launches. Private docks and boat launches may be
stored upon riparian lots provided such structures lie upon the same lot as
the principal structure to which they serve.
7. Roadside Stands. Seasonal, temporary roadside stands for the sale of
• agricultural products shall be permitted if:
•
a. They are located in a zoning district which makes a specific
allowance for such use; and
b. They are located upon the lot on which the produce is grown.
c. They are erected at least sixty (60) feet back from the nearest edge
of the roadway surface; and
c. Adequate parking space is provided off the road right -of -way and
safe vehicular access and movements are assured.
8. Domestic Animal Shelters. Structures dedicated to the housing of
domestic animals are considered accessory structures for the purpose of
applying this Chapter and shall comply with the following standards:
a. The keeping of animals is allowed in accordance with the
provisions of Chapter 503.
b. If all Animal Shelters on a property do not exceed a total of 64
square feet in area, then they shall not be counted towards the
maximum number and size of accessory buildings.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -22
c. Animal shelters are limited to a maximum of 60 inches in overall
height. If a shelter exceeds 60 inches in height, it is not allowed
the exception to accessory building number and size in paragraph
b.
89. Rural and Residential Zoning District Accessory Buildings. The following
summarizes the maximum number, size, and height of accessory
buildings allowed in an individual parcel according to lot size and
residential district.
a. Twenty (20) Acres or Greater. (R, R -X, R -BR, R -1, R -1X, R -EC,
and PSP Districts)
1) No maximum combination of accessory building(s) and
garage(s) size requirement.
2) Metal buildings and pole barns acceptable.
3) No maximum height requirement.
4) One (1) attached garage not to exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R -1, R-
1 X, R -EC, and PSP Districts)
1) The combination of accessory building(s) and garage(s)
shall not exceed five thousand (5,000) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a. One (1) attached garage and
b. Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
4) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -23
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f. Less than One and One - Quarter Acre. (R, R -X, R -1, R -1 X, R -EC,
R -2, R -3, R -4, R -6, R -7, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed one thousand two hundred (1,200) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and one (1) detached
structure, or
b) Two (2) detached accessory structures.
3) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to ninety (90)
percent of the size of the house foundation, whichever is
greater.
4) Twenty (20) foot maximum height.
5) No metal sheet/panel siding with vertical orientation except
upon tool sheds Tess than one hundred fifty (150) square
feet in area. Metal horizontal lap siding is acceptable.
6) Roof and exterior color and material compatible with home
(except manufactured tool shed).
7) Lots that have shared ownership /membership in the Lino
Airpark may have a three thousand two hundred (3,200)
square foot accessory building as an airplane hangar
provided that:
a) The hangar be earth tone in color.
b) The hangar conform to Building Code standards for
hangar use.
c) The hangar location has direct taxiway access to the
Lino Airpark runway.
910. Commercial and Industrial Zoning Districts. The following establishes the
maximum number, size, and height of accessory buildings allowed in the
commercial and industrial zoning districts:
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -26
from adjoining properties and public streets, except for the
following:
1) Laundry drying.
2) Non - vehicular recreational equipment.
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment
currently (within a period of twelve (12) months) being used
on the premises.
6) Agricultural equipment and materials, if these are used or
intended for use on the premises.
7) Off - street parking of licensed passenger automobiles and
pick up trucks in designated driveway or parking area,
surfaced in compliance with Section 3, Subd. 5.C.8. +j of this
Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
b. Recreational and Utility Vehicle and Trailer Storage. Recreational
vehicles, as defined by Section 31, Subd. 2 of this Ordinance may
be parked or stored on a residential site provided that:
1) The vehicles are registered to or rented by a resident of the
dwelling on such site, provided that:
a) The vehicles have affixed thereto current registration
or license plates as required by law.
b) The vehicles are stored no closer than five (5) feet
from side and rear lot lines.
c) The vehicles located within front yard areas are
confined to designated driveways or parking areas
surfaced in compliance with Section 53, Subd.
5.C.8.j. of this Ordinance.
All front yard storage comply with the following setbacks
from street curb and pavement lines:
Street Classification Minimum setback from
curb /pavement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -34
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R. Fences and Walls. Fences and walls shall be permitted in all required yards
subject to the following:
1. Permit Required. It is unlawful for any person hereafter to construct or
cause to be constructed or erected within the platted areas of the City,
any fence or wall without first making an application for and securing a
fence permit.
2. Certificate of Survey. An application for a fence or wall permit shall be
accompanied by a current certificate of survey providing exact lot
dimensions, the location of existing buildings, structures, and easements
on the lot, and the location of the proposed fence. At the discretion of the
City, a final plat detail of the lot with the required information shown may
suffice if no certificate of survey is available. Applicant shall be required
to physically identify the property corners for City inspection.
3. Location. All fences or walls shall be located entirely within the private
property of the person, firm, or corporation constructing or causing the
construction of such fence.
a. No fence or wall shall be permitted on public rights -of -way.
b. Traffic visibility requirements set forth in Section 3, Subd.
3.ibE.1.c. of this Ordinance shall be satisfactorily met.
c. No fence or wall shall obstruct natural drainage.
d. Fences or walls may be constructed within public and private utility
and drainage easements provided that:
1) No fence or wall shall be located within a drainage or utility
easement without written permission of the Zoning
Administrator and the filing of an encroachment agreement.
2) Removal of a fence or wall or a portion thereof for the
purpose of utilizing the easement shall be at the property
owner's expense.
4. Construction and Maintenance.
a. Every fence or wall shall be constructed in a professional and
substantial manner and of substantial material reasonably suitable
for the purpose for which the fence is proposed to be used. The
materials and design shall also be compatible with other structures
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -48
in the area in which the fence or wall is located and shall not cause
blight or a negative impact. Fences shall be at least ten (10)
percent open to provide space for the passage of air. No used
material shall be used in conjunction the construction of fences or
walls.
b. Every fence or wall shall be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or
private. Any such fence or wall which is or has become dangerous
to the public safety, health or welfare is a public nuisance, and the
City shall commence proper proceedings for the abatement
thereof.
c. All posts or similar supporting instruments used in the construction
of fences shall be faced inward toward the property being fenced.
That side of the fence or wall considered to be the face shall be
oriented toward abutting property.
d. Fences which are ninety (90) percent open (barb wire, chain link,
woven wire, and other similar type fences) which are for the sole
purpose of containing n farm animals within a rural
zoning district are not subject to the provisions of this Ordinance
and do not require a building permit. Chain link fences shall have
round steel parts and braces.
e. Solid walls and retaining walls (such as masonry construction) in
excess of forty -two (42) inches in height shall be prohibited. When
utilized, tiered retaining walls shall be separated by a horizontal
landing not less than three (3) feet in width.
5. Access. All fences or walls shall be provided with a gate which affords
reasonable and convenient access for public safety.
6. Residential District Fences or Walls. All residential district fences or walls
shall be placed within the property being fenced.
a. Fences or walls may be located in any yard up to a height of four
(4) feet.
b. Except as prohibited by Subd. T4.R.6.c below, a fence or wall up to
six (6) feet high may be erected from a line extended from the front
facade of the principal building to the side lot lines, and then along
the side lot lines and the rear lot line (see Diagram 6.b).
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -49
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c. Should the rear lot line of a lot be common with the side lot line of
an abutting lot, that portion of the rear or side lot equal to the
required front yard setback of the abutting lot shall not be fenced or
walled to a height of more than four (4) feet. For the purpose of
this section, the front and side yards of the abutting lot shall be as
defined in this Ordinance rather than as related to the orientation of
the house (see Diagram 6.c).
d. Residential Fences or Walls Height Exceptions.
1) Fences for sport courts may be up to twelve (12) feet in
height with ten (10) foot setback.
2) Residential boundary line fences or walls may be erected to
a height of eight (8) feet along a property line abutting a
commercial, industrial, or semi - public use or zoning district.
e. Wire fence other than chain link shall not be permitted as boundary
line fences within five (5) feet of the property line in residential
zoning districts.
110 f. Electrical and barb wire fences are prohibited in
residential zoning districts.
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Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -50
7 Commercial and Industrial District Fences or Walls. (See Diagram 7 abc)
a. A fence or wall not exceeding four (4) feet in height may be erected
in any yard.
b. A fence or wall not exceeding eight (8) feet in height may be
erected parallel to the front lot line from a front corner of a principal
building to a side lot line that is not adjacent to a street.
c. A fence or wall not exceeding ten (10) feet in height may be
erected on a rear lot line or on a side lot line that is not adjacent to
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -51
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a street from a point where the front facade of a principal building
would intersect with a side lot line extending to the rear property
line.
d. Should the rear lot line be common with the side lot line of an
abutting lot, that portion of the rear lot line equal to the required
front yard setback of the abutting lot shall not be fenced or walled
to a height of more than four (4) feet.
r - -1 - _I
1
I
10' fence '
allowed —1
1
FENCES OR WALLS
IN BUSINESS AND
INDUSTRIAL ZONES
street right of way
8' fence
allowed
4' fence
allowed
Diagram 7 abc
e. Within commercial and industrial and public /semi - public zoning
districts, barbed wire may be attached to the tops of fences or walls
with the following conditions:
1) Fences or walls must be a minimum of eight (8) feet in
height exclusive of the security arm.
2) The security arm must be angled in such a manner that it
extends only over the property of the permit holder.
3) Wire security fencing shall not be permitted within the
required front yard or along a property line abutting a
residential use.
8. Public and Semi - Public District Fences or Walls. Fences or walls in the
public and semi - public districts may be erected in any yard to a height of
eight (8) feet. Barbed wire fences used for security purposes may be
permitted in the public and semi - public zoning district per Section 3, Subd.
4.T R.7.e of this Ordinance.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -52
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Subd. 5. Off - Street Parking.
A. Purpose. The regulation of off - street parking spaces in these zoning
regulations is to alleviate or prevent congestion of the public right -of -way and to
promote the safety and general welfare of the public, by establishing minimum
requirements for off - street parking of motor vehicles upon various parcels of land
or structures.
B. Application of Off - Street Parking Regulations. The regulations and
requirements set forth herein shall apply to all off - street parking facilities in all of
the zoning districts of the City.
C. General Provisions.
1. Space Reduction. Existing off - street parking spaces upon the effective
date of this Ordinance shall not be reduced in number unless said number
exceeds the requirements set forth herein for a similar new use.
2. Existing Uses. Should a legal, non - conforming building, structure, or use
in existence upon the effective date of this Ordinance be damaged or
destroyed by fire or other cause, it may be re- established in accordance
with Section 3, Subd. 2 of this Ordinance, except that in so doing, any off -
street parking or loading which existed must be retained.
3. Change of Use or Occupancy of Buildings. Any change of use or
occupancy of any building or buildings including additions thereto
requiring more parking area shall not be permitted until there is furnished
such additional parking spaces as required by these zoning regulations.
4. Use of Parking Area. Required off- street parking space in any district
shall not be utilized for open storage of goods or for the storage of
vehicles which are inoperable or for sale or for rent.
5. Accessible Parking. All parking associated with any building, structure or
use shall be required to conform to the disability accessible parking
standards pursuant to Minnesota Statutes 168.021, as may be amended .
6. Use of Parking Facilities in a Residential District. Except as allowed
under Section 3, Subd. 5.hK, off - street parking facilities accessory to a
residential use shall be utilized solely for the parking of passenger
automobiles, recreational vehicles, and /or one truck not to exceed eleven
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -53
shall be subject to additional requirements which are imposed by this •
Ordinance.
10. Community Centers, Libraries, Private Clubs, Lodges, Museums, Art
Galleries. One (1) space for each three hundred (300) square feet of floor
area in the principal structure.
11. Day Care Facilities.
a. Day care facilities serving fourteen (14) or fewer persons: Two (2)
spaces per unit.
b. All other day care facilities: One (1) space per teacher on the
largest shift, plus one (1) space per five (5) students /children based
on maximum capacity of the facility.
12. Office Buildings, Animal Veterinary Hospitals and Clini Professional
Offices and Medical Clinics. Three (3) spaces plus at least one (1) space
for each two hundred (200) square feet of floor area.
13. Financial Institutions, Banks, Savings and Loan. Four (4) spaces for
every one thousand (1,000) square feet.
14. Health Club. One (1) space per two (2)exercise stations (e.g., strength
machine or cardio vascular) plus one (1) space per employee on the
largest shift plus additional parking for ancillary uses (e.g., gyms,
auditoriums, offices, restaurants).
15. Retail Store and Service Establishment. At least one (1) off - street
parking space for each two hundred (200) square feet of floor area.
16. Shopping Centers. Five and one -half (5 -1/2) spaces per each one
thousand (1,000) square feet of gross leasable floor area (exclusive of
common areas)
17. Retail Sales and Service Business with Fifty (50) Percent or More of
Gross Floor area Devoted to Storage, Warehouses and /or Industry. At
least eight (8) spaces or one (1) space for each two hundred (200) square
feet devoted to public sales or service, plus one (1) space for each five
hundred (500) square feet of storage area.
18. Restaurants, Cafes, Private Clubs Serving Food and /or Drinks, Bars, On-
Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square
feet of dining room, plus one (1) space for each employee of the
maximum work shift.
Lino Lakes Zoning Ordinance General Provisions
Amended Per Ord. 07 -05 3 -62
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5. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
6. •• - - - - - - - - - - - - - - undred (300) an • - ' .,—ice
accordance with Section 503 of the City Code. Keeping of farm animals of
up to three hundred (300) animal units in conformance with Chapter 503. No
more than one (1) animal unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
Lino Lakes Zoning Ordinance Rural Districts
5 -3
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as amended,
of the City Code.
9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R District. These uses
require a conditional use permit based on the standards and procedure outlined in
Section 2, Subd. 2 of this Ordinance.
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity of
the arena.
b. Side yard setbacks shall not be less than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off - street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
e. Adequate off - street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
3. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas less than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
Lino Lakes Zoning Ordinance Rural Districts
5-4
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kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
a. The applicable provisions of Section Chapter 503 of the City Codc
relating to the keeping of animals are determined to be satisfied.
b. Property shall be in conformance with minimum lot size requirements
of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
5. Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size requirements
of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be provided
to accommodate the periodic exercising of animals boarded at
the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and
will be capable of completely exchanging internal air at a rate
of at least twice per hour. Air temperature must be maintained
between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
Lino Lakes Zoning Ordinance Rural Districts
5 -5
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
56. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
67. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
78. Public and private airports provided that:
a. The applicable provisions of Section 9, Subd. 4 of this Ordinance
relating to airport zoning are satisfactorily met.
b. All applicable requirements of the Federal Aviation Administration
(FAA), Minnesota Department of Transportation (MnDOT), and
Metropolitan Airports Commission (MAC) are satisfactorily met.
69. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
Lino Lakes Zoning Ordinance Rural Districts
5 -6
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b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
J10. Wild game farms and gun clubs provided that:
a. The principal use, function or activity is open, outdoor in character,
and the site shall contain a minimum of one hundred (100) acres.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. Any operation involving the discharge of firearms shall comply with
Section 504 of the City Code.
d. When abutting a residential use and a residential district, the property
is screened and landscaped in compliance with Section 3, Subd. 4.Q.
of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R District and governed by Section 2, Subd. 3. of this Ordinance.
1. None.
Lino Lakes Zoning Ordinance Rural Districts
5 -7
5. Governmental and public regulated utility buildings and structures necessary •
for the health, safety and general welfare of the City.
6.
_ . .
Keeping of farm animals of
up to three hundred (300) animal units in conformance with Chapter 503. No
more than one (1) animal unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -X District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
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7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as amended, •
Lino Lakes Zoning Ordinance Rural Districts
5 -10
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9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R -X District. These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas less than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
3. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
a. The applicable provisions of Section Chapter 503 of thc City Code
relating to thc keeping of animalc are determined to be satisfied.
b. Property shall be in conformance with minimum lot size requirements
of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size requirements
of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
Lino Lakes Zoning Ordinance Rural Districts
5 -11
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be provided
to accommodate the periodic exercising of animals boarded at
the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and
will be capable of completely exchanging internal air at a rate
of at least twice per hour. Air temperature must be maintained
between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
--45. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
Lino Lakes Zoning Ordinance Rural Districts
5 -12
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regulations, as may be amended.
56. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
67. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q. of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15. of this Ordinance.
Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -X District and governed by Section 2, Subd. 3. of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance Rural Districts
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•
3) Parking Lot . Ten (10) feet.
d. From Residential District. Thirty -five (35) feet.
e. Between Principal Buildings. Not Tess than one -half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the GB District shall be erected or
structurally altered to exceed forty -five (45) feet in height.
D. Impervious Surface Coverage. In no event shall off - street parking space,
structures of any type, buildings, or other features cover more than seventy -five
(75) percent of the lot area resulting in less than twenty -five (25) percent pervious
landscaped area.
E. Building Requirements. All newly constructed commercial buildings shall
meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
F. Permitted Uses. In the GB District, no building or land shall be used, and no
building shall be erected, converted or structurally altered unless otherwise
provided herein, except for one or more of the following uses.
1. Adult use — principal and accessory.
2. Governmental and public regulated utilities, buildings, and structures
necessary for the health, safety, and general welfare of the City.
3. Commercial gGreenhouses and landscape nurseries.
4. Hospitality business.
5. Liquor sales, on and off sale.
6. Office business — clinical.
7. Office business — general.
8. Personal Services. (Added per Ord. 21 -03)
9 Recreational business contained entirely within the principal building.
10. Restaurant with or without drive - through facilities, without outdoor dining.
11. Retail business.
12. Service business — off -site.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 21 -03 & 9 -06 7 -18
f. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare and public betterment can be served
as well or better by modifying the conditions.
14. Veterinary clinics (with kennels) Hospitals provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An indoor animal kennel is permitted as a use accessory to the
veterinary clinic provided that:
1) The number of animals boarded shall not exceed twenty
(20).
2) An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of Section 500 of the City Code Chapter 503 relating to
the keeping of animals are satisfactorily met.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 04 -05 7 -32
•
• e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
•
I. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 14 of this Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the GB District and are governed by Section 2, Subd. 3. of
this Ordinance:
1. None.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 04 -05 7 -33
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m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request finds that the general welfare and public
betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
5. Open and outdoor storage (not outdoor sales lots) as an accessory use
provided that:
a. The storage area is landscaped and screened from view of
neighboring uses, residential zoning districts, and public rights -of-
way per Section 3, Subd. 4.Q of this Ordinance.
b. Storage area is fenced in a manner approved by the City.
c. Storage area is blacktopped or concrete surfaced unless
specifically approved by the City Council.
d. All lighting shall be in compliance with Section 3, Subd. 4.F of this
Ordinance or other lighting standards in place at the time of project
approval.
e. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance and not in front yards.
The property shall not abut property zoned for residential, rural, or
business use, including land in a neighboring city. "Abutting"
includes across a street. "Abutting" does not include properties that
touch only corner to corner.
g. The property shall not abut I -35W or 1 -35E.
h. The storage area shall not abut a school or a public park.
i. The ratio of storage area to building footprint shall not exceed 3.5:1.
j. Storage shall not include material considered hazardous under
Federal or State Environmental Law.
6. Veterinary clinics (with kcnncls) Hospitals provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
Lino Lakes Zoning Ordinance Industrial Districts
8 -11
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An indoor animal kennel is permitted as a use accessory to the
veterinary clinic provided that:
1) The number of animals boarded shall be dote -mine
City not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be
provided to accommodate the periodic exercising of animals
boarded at the kennel. Exterior exercise areas shall be
limited to a maximum of twenty -five (25) percent of the gross
floor area of the principal use.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of _ _ _ ! ! _ - - _. - _ _ Chapter 503 relating to
the keeping of animals are satisfactorily met.
e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
Lino Lakes Zoning Ordinance Industrial Districts
8 -12
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b. Only the rear yard shall be used for play or recreational areas.
Said area shall be fenced and controlled in compliance with Section
3, Subd. 4.Q of this Ordinance.
c. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
e. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
1. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Telecommunication towers as regulated by Section 3, Subd. 15 of this
Ordinance.
3. Temporary mobile towers as regulated by Section 3, Subd. 15 of this
Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of
this Ordinance:
1. Farms, farmctoads and farming Farm Dwellings, Horticulture and
Agriculture.
Lino Lakes Zoning Ordinance Special Districts
9 -4
9. State licensed residential care facility serving six (6) or fewer persons.
10.
City Codc. Keeping of farm animals in compliance with Chapter 503.
11. Temporary stands for the sale of agricultural products produced on the
premises.
12. Transmission towers /radio, television and other similar towers up to forty -
five (45) feet in height.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the R -BR District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies and non - commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses
allowed in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or
those necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as
amended, of the City Code.
9. Swimming pools, tennis courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the
Lino Lakes Zoning Ordinance Special Districts
9 -8
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• principal use and their guests, as regulated by Section 3, Subd. 4.D of this
Ordinance.
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I. Conditional Uses. The following are conditional uses in the R -BR District:
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity
of the arena.
b. Side yard setbacks shall not be less than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
d. Adequate off - street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
e. Adequate off - street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "major collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q
of this Ordinance.
3. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas greater than forty -five (45) feet in height
and Tess than two hundred (200) feet in height as regulated by Section 3,
Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care Commercial Stables,
Commercial Kennels, and similar uses provided that:
Lino Lakes Zoning Ordinance Special Districts
9 -9
a. The applicable provisions of Section Chapter 503 of the City Code fa
• - - - - - - - are determined to be satisfied.
b. Property shall be in conformance with minimum lot size
requirements of this zoning district.
c. Cages, enclosures, and housing facilities shall be a minimum of 50
feet from any neighboring habitable dwelling and 100 feet from any
property line, or located in the middle of the parcel, which ever is
greater.
5. Veterinary Hospitals provided that:
a. Property shall be in conformance with minimum lot size
requirements of this zoning district.
b. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
c. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
d. An animal kennel is permitted as an accessory use to the veterinary
hospital provided that:
1) The number of animals boarded shall not exceed forty (40).
2) An enclosed indoor or exterior exercise area shall be
provided to accommodate the periodic exercising of animals
boarded at the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non - porous.
Lino Lakes Zoning Ordinance Special Districts
9 -10
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6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
7) A commercial kennel license is obtained from the City.
e. The applicable provisions of Chapter 503 are determined to be
satisfied.
f. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
56. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Such day care facility has access to adequate private sewer and
water to protect the health and safety of all persons who occupy the
facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum
requirements of the Minnesota Department of Health and Human
Services regulations, as may be amended.
67. Public, Educational and Religious Buildings. Public or semi - public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and
senior high schools; and religious institutions such as churches, chapels,
temples, mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
c. Adequate off- street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
Lino Lakes Zoning Ordinance Special Districts
9 -11