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Home My WebLink About2014-010 Council OrdinancesL l' Reading: 1 1/ 1 0/ 2 01 4 Publication: 12 / 0 2/ 2 01 4 2nd Reading: 1 1 / 2 4 / 2 01 4 Effective: 01 / 01 / 2 01 5 CITY OF LINO LAKES ORDINANCE NO. 10-14 AN ORDINANCE RECODIFYING AND AMENDING CHAPTER 1007 OF THE CITY CODE REGARDING ZONING The City Council of Lino Lakes ordains: Section 1. The Lino Lakes Code of Ordinances Chapter 1007, Zoning Code, is hereby repealed in its entirety and replaced with the following: Section 1007.000 1007.001 1007.015 1007.016 1007.017 1007.018 1007.019 1007.020 1007.021 1007.022 1007.023 1007.024 Chapter 1007: LINO LAKES ZONING ORDINANCE Title/Application/Rules Title and Application Rules and Definitions Administration Administration: Amendments and Rezonings Administration: Conditional Use Permits Administration: Interim Use Permits Variances and Appeals Administration: Administrative Permits & Approvals Site and Building Plan Review Duties of City Staff Certificate of Occupancy Enforcement and Penalties PUD, Planned Unit Development General Provisions 1007.040 Purpose 1007.041 Non -Conforming Uses and Structures 1007.042 General Parcel, Lot and Yard Provisions 1007.043 General Building and Use Provisions (1) Dwelling Unit Restriction (2) Building Type & Construction (3) Height (4) Accessory Buildings & Structures (5) Refuse and Recyclable Material (6) Outdoor Lighting (7) Smoke (8) Dust and Other Particulated Matter (9) Odors (10) Noise (11) Sewage Disposal (12) Waste Material (13) Bulk Storage (Liquid) (14) Radiation Emission (15) Electrical Emission (16) Exterior Storage (17) Required Screening, Landscaping & Buffer Yards (18) Fences and Walls 1007.044 Off -Street Parking 1007.045 Of Street Loading 1007.046 Relocated Structures 1007.047 Home Occupation Permits 1007.048 Accessory Apartments 1007.049 Drainage 1007.050 Earth Moving and Land Reclamation 1007.051 Farming Operations 1007.052 Adult Uses 1007.053 Antennas 1007.054 Accessory Outdoor Dining or Seating Facilities 1007.055 Batch Plants District provisions 1007.070 General Zoning District Provisions 1007.080 1007.081 1007.090 1007.091 1007.092 1007.093 1007.094 1007.095 1007.096 1007.110 1007.111 1007.112 1007.113 1007.114 1007.120 1007.121 1007.130 1007.131 1007.132 Rural Districts R, Rural District R -X, Rural Executive District Residential Districts R-1, Single Family Residential District R -1X, Single Family Executive Residential District (Left Blank Intentionally) R-2, Two Family Residential District R-3, Medium Density Residential District R-4, High Density Residential District R-6, Manufactured Home Park District Business Districts NB, Neighborhood Business District LB, Limited Business District GB, General Business District CB, Central Business District and SC, Shopping Center District SC, Shopping Center District/PDO, Planned Development Overlay Industrial Districts LI, Light Industrial District GI, General Industrial District Special Districts PSP, Public and Semi -Public District R -BR, Rural -Business Reserve District PUD, Planned Unit Development District THIS PAGE INTENTIONALLY LEFT BLANK TITLE /APPLICATION/RULES § 1007.000 TITLE AND APPLICATION. (1) Title. This Ordinance shall be known, cited and referred to as the "CITY OF LINO LAKES ZONING ORDINANCE" except as referred to herein, where it shall be known as "this Ordinance." (2) Intent and Purpose. This Ordinance is adopted for the purpose of: (a) Protecting the public health, safety, comfort, convenience and general welfare. (b) Dividing the City of Lino Lakes into zones and districts restricting and regulating therein the location and use of structures and land and lot size. (c) Promoting orderly development of the residential, business, industrial, recreational and public areas. (d) Providing adequate light, air, and convenience of access to property. (e) Limiting congestion in the public right-of-way. (f) Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings in relation to the land and buildings surrounding. (g) Providing for the compatibility of different land uses and the most appropriate use of land throughout the City of Lino Lakes. (h) Protecting and guiding the development of the rural area. (i) Conserving and developing natural resources. (j) Fostering agriculture and other industries. (k) Preventing a wasteful scattering of population. (1) Securing safety from flood. (m) Reducing waste and municipal maintenance cost from excessive mileage of roads. (n) Conserving the natural and scenic beauty and attractiveness of road sides and lakeshores. (o) Providing for the administration of this Ordinance and amendments thereto. 1-1 (p) Defining the powers and duties of the administrative officers and bodies, as provided hereinafter. (3) Application. (a) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare. (b) Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law ordinance, statute, resolution, or regulation, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. (c) Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this Ordinance. (4) Relation to Comprehensive Municipal Plan. It is the policy of the City of Lino Lakes that the enforcement, amendment, and administration of this Ordinance be accomplished with due consideration of the recommendations contained in the City Comprehensive Plan as developed and amended from time to time by the Planning and Zoning Board and City Council. The Council recognizes the Comprehensive Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth. (5) Uses Not Provided for Within Zoning Districts. In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. In such cases where, in the judgment of the City Council, there is no comparable use listed, the City Council or Planning and Zoning Board, on their own initiative or upon request from the property owner, may conduct a study to determine if the proposed use is acceptable and, if so, what zoning district would be most appropriate and what conditions and standards should apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on receipt of the staff study, may initiate an amendment to the Zoning Ordinance consistent with § 1007.015 of this Ordinance to provide for the particular use under consideration or shall find that the proposed use is not compatible for development within the City. (6) Separability. It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: 1-2 L L (a) If any court or competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in such judgment. (b) If any court or competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect other property, buildings or structures. (7) Authority. This Ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363. (8) Comprehensive Revision. This Ordinance shall be a comprehensive revision to Ordinance 09-97, adopted July 14, 1997, of the City Code, as amended. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. (9) Fees. No application for a Zoning Ordinance amendment, rezoning, conditional use permit, interim use permit, variance, administrative permit, or site and building plan review shall be accepted or considered by the City Council or any other body of the City unless such application is complete and accompanied by a deposit. The total fee for processing such application, which shall be paid by the petitioner to the City, shall be paid whether or not such application is approved or denied. The deposit shall be used to cover the total out of pocket expenses incurred by the City in processing such application, for such necessary items as, but not limited to, attorney's, planner's, and/or engineer's fees and costs, and any other costs incident thereto, and shall be in addition to a fee for the City staff services, to be paid to the City, which separate fees and deposits shall be established by City Council resolution. The deposit shall not be considered as the total amount to be paid. The total amount shall be the actual amount expended plus the fee for the City staff services. Any unused portion of the required deposits will be returned to the petitioner. The fees established herein may be changed by the City Council from time to time, by resolution or ordinance, as appropriate. A copy of said resolution or ordinance shall be on file in the office of the City Clerk and available for inspection during regular City office hours. 1-3 THIS PAGE INTENTIONALLY LEFT BLANK 1-4 § 1007.001 RULES AND DEFINITIONS. (1) Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: (a) The singular number includes the plural, and the plural the singular. (b) The present tense includes the past and the future tenses, and the future the present. (c) The words "shall" and "must" are mandatory while the word "may" is permissive. (d) The masculine gender includes the feminine and neuter. (e) Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition thereof. (f) (g) In the event of conflicting provisions, the more restrictive shall apply. All measured distances expressed in feet shall be the nearest tenth of a foot. (h) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirement for the promotion of health, safety, and welfare. (2) Definitions. The following words and terms. wherever they occur in this Ordinance. shall be interpreted as herein defined: ACCESSORY BUILDING. A portion of the principal building or a detached structure on the same lot which is used for an accessory use. ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. ADDITION. A physical enlargement of an existing structure. ADJOINING LOT OR LAND. A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. ADULT USE RELATED TERMS. (a) ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult massage parlors, adult steam room/boathouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the 1-5 presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. 1. Specified Anatomical Areas: a. Less than completely opaquely covered human genitals, pubic region, buttock anus, or female breast(s) below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. Specified Sexual Activities: a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following: sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence: or c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation: or d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or f. Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. (b) ADULT USE - ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like. 1-6 (c) ADULT USES - PRINCIPAL: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following: 1. Adult Use - Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." 2. Adult Use - Bookstore. A building or portion of a building used for barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, compact discs, computer software, digital recordings, motion picture film, or other communication mediums if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." 3. Adult Use - Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." 4. Adult Use - Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 5. Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 6. Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 7. Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." 8. Adult Use - Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such 1-7 service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 9. Adult Use - Mini -Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 10. Adult Use - Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. 11. Adult Use - Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." 12. Adult Use - Motion Picture Theater. A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified anatomical areas" for observation by patrons therein. 13. Adult Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. 14. Adult Use - Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 15. Adult Use - Steam Room/Bathhouse Facility. A building or a portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 1-8 L AGRICULTURAL BUILDING. An accessory building designed, constructed, used to house farm implements or agriculture areas on agricultural lands as defined by State Statute 273.12, Section 23, as amended. A Minnesota Pollution Control Agency Permit may be required. A GRICULTURE. The use of land for the production, keeping or maintenance, for sale, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agricultural land uses do not include slaughter houses or the processing of crops, produce, animals for public purchase or consumption as to constitute a commercial or industrial land use. AIRPORT. A place where aircraft can land and take off, usually equipped with hangars. facilities for refueling and repair, and various accommodations for passengers. AIRPORT, PRIVATE USE. Airports which are intended for use by certain individuals or associations and not to the public. ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight 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 1-9 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken (Liquid Manure System) .0333 Chicken (Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 ANIMALS, DOMESTIC. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non- venomous and non -constricting reptiles or amphibians, and other similar animals. ANIMALS, FARM. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. ANTENNA RELATED. (a) Personal Wireless Service. A device consisting of a metal, carbon, fiber, or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communications including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. (b) Public or Commercial Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming and including the support structure thereof. (c) Public Utility Microwave. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the support structure thereof. 1-10 L (d) Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s) other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof. (e) Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television receive only) and satellite microwave antennas and support structure thereof. (f) Satellite Dish Height. The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna. (g) Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave and citizen band radio communications, and including the supporting structure thereof. (h) Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. (i) Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency. (j) Support Structure. Any building or other structure other than a tower which can be used for location of antennas. (k) Tower. Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade. (1) Tower, Temporary Mobile. Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, which is commonly referred to as Cellular on Wheels (COW). APARTMENT. A room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. APPLICANT. The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this Ordinance are being considered or reviewed. BASE MAP. A map having sufficient points or reference, such as state, county or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of other data. BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling for more than 50% of its perimeter. BATCH PLANT. A temporary facility/device that produces or processes concrete or asphalt for a specified construction project over a defined period of time. BA E A part of a building projecting or cantilevered from the main part. BEVERAGE PRODUCTION AND BOTTLING. A facility for the production and bottling of beverages including but not limited to soft drinks, milk, beer, wine, spirits, etc., but not including hazardous or toxic materials. BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics: (a) Part of all of the feature is located in a shoreland area. (b) The slope rises at least twenty-five (25) feet above the ordinary high water level of the water body. (c) The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater. (d) The slope must drain toward the water body. BLUFF IMPACT ZONE. A bluff and land located within twenty (20) feet from the top of a bluff. BLUFF, TOE OF: The lower point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. BLUFF, TOP OF: The highest point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. BOARDER. An individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. BOARDING HOUSE. A building other than a hotel where, for compensation and by pre- arrangement for definite periods, meals, or lodging and meals are provided to three (3) or more 1-12 L 1/4., persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten (10) persons. BOATHOUSE. A structure used solely for the storage of boats or boating equipment. BREW PUB. A restaurant that conducts the retail sale of malt liquor brewed on the premise and licensed under Minnesota Statute section 340A.301, subdivision 6(d). Areas used exclusively for brewing operations shall not exceed 25 percent of the total floor area. Included within this use is the off -sale of malt liquor produced on site in refillable growlers pursuant to Minnesota Statutes section 340A.301, subdivision 7(b). BREWER TAPROOM. Facility on the premises of, or adjacent to, a malt liquor beverage production facility / brewery intended for the on -sale and consumption of malt liquor produced by the brewer pursuant to Minnesota Statute section 340A.301, subdivision 6b. A brewer taproom may include a restaurant. BUFFER. The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts. BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. BUILDABLE AREA. The portion of a lot remaining after yards have been provided. BUILDABLE LAND, CONTIGUOUS. Land area occurring within the property lines of a parcel or lot excluding wetlands and/or water bodies. BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls and supporting columns of the ground floor of all principal and accessory buildings on a lot. BUILDING HEIGHT. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (a) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade. 1-13 (b) An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than ten (10) feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. BUILDING, POLE. Any structure possessing the following characteristics: structural wood poles or timbers buried in ground without footings or with individual footings; metal wall coverings hung in a manner that the wall coverings provide structural support for the wood frame. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any other similar structure not covering or enclosing a specific area. BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located. BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation. CANOPY. An accessory roof -like structure, which is either attached to or detached from an allowable primary building; which is open on all sides, other than where attached; and, which is located over and designed to provide cover for entrances, exits, walkways, and approved off-street vehicle service areas. CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. CHURCH. A building, together with its accessory buildings and use; where persons regularly assemble for religious worship and which building, together with its accessory buildings are uses, is maintained and controlled by a religious body organized to sustain public worship. CITY COUNCIL. The governing body for the City of Lino Lakes. CLUB OR LODGE. A club or lodge is a non-profit association of persons who are bonafide members paying annual dues, use of premises being restricted to members and their guests. COMMERCL4L USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services, including, but not limited to: 1-14 Th (a) Automobile Repair -Major. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning. (b) Automobile Repair -Minor. An establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales. (c) Automobile Sales. The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. (d) Automobile Service Station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories. (e) Hospitality Business. An establishment offering transient lodging accommodations on a daily rate to the general public, leasable events, meeting or conference facilities and exhibition halls or other uses of similar character including hotels, motels, convention facilities, and hospices. (f) Liquor Sales, Off -Sale. Licensed sale of intoxicating beverages for consumption off site. (g) Liquor Sales, On -Sale. Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased. (h) Motor Fuel Station. A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding. (i) Office Business -Clinic. An establishment located within a building or portion of a building providing out-patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other uses of similar character. (j) Office Business -General. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations including attorneys, financial advisors, insurance, travel, real estate, and other uses of similar character. 1-15 (k) Personal Service. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, tattooing and body piercing. (Amended per Ord. 21-03) (I) Recreational Business. Arcade, health club, gymnasium, bowling alley, billiard (pool) hall, dance hall, dance studio, skating rinks, theaters, and indoor firearms range. (m) Restaurant. An establishment that serves food in individual servings for consumption on or off premises, including sit-down restaurants, take out, pick up, or delivery food sales, but not including drive-through facilities. Outdoor dining areas and drive-through facilities may or may not be allowed in each zoning district: they are not automatically allowed when a restaurant is an allowable use. (n) Retail Business. An establishment engaged in the display and sale of products produced off-site directly to consumers within a building or portion of a building excluding any exterior display and sales. (o) Service Business Off -Site. A company that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. (p) Service Business On -Site. An establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive-through facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops, and travel bureaus. COMMUNITY GARDEN. A facility on public land for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. COMPREHENSIVE PLAN. A Comprehensive Plan prepared and approved by the City, including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. CONDITIONAL USE. A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. 1-16 Th CONDOMINIUM. A multiple family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes sections 515.01 through 515.29. CONDOMINIUM ASSOCIATION. The community association that administers and maintains the common property and common elements of a condominium. CONSTRUCTION. The erection, alteration or extension of a structure. COOPERATIVE HOUSING. A multiple family dwelling owned and maintained by the residents and subject to the provisions of Minnesota Statutes 290.09 and 290.13. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. CRITICAL AREA. An area with one or more of the following characteristics: (1) slopes in excess of twenty (20) percent; (2) floodplain; (3) soils classified as having a high water table; (4) soils classified as highly erodible, subject to erosion; (5) land incapable of meeting percolation requirements; (6) land formerly used for landfill operations or hazardous industrial use; (7) fault areas; (8) stream corridors; (9) estuaries; (10) mature strands of native vegetation; (11) aquifer recharge and discharge areas. CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. CUL-DE-SAC. (See Street) DAY CARE FACILITY. Any facility licensed by the State Department of Public Welfare, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services, as defined by Minnesota State Statutes, Section 245.782.5. DECK. Horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending above grade. DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land. In this Ordinance, net density shall mean number of dwelling units per acre of buildable land. Gross density shall mean number of units per acre of the total subject property. 1-17 DETACHED GARAGE. A one-story accessory building used or intended for the storage of motor driven passenger vehicles. DETACHED OUTDOOR LIVING AREA. A flat surfaced seasonal outdoor room intended for casual human use which may be screened but may not have permanent structural walls or be covered by a permanent roof. DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land. DISTRICT. A section or sections of the City for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. DOCK (BOAT LA UNCH). A structure accessory to the principal use of the property which extends into navigable waters and used for the launching, landing or mooring of watercraft. DORMITORY. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use. DRAINAGE. The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding. DRAINAGE SYSTEM. Any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including, but not limited to, streams, rivers, creeks, ditches, channels, conduits, gullies, ravines, washes, lakes or ponds and structures such as culverts, drainage tile, dams, bridges and water storage basins. DRAINAGEWAY. Any natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows. DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree or one (1) foot per one (1) inch of diameter, whichever is greater. DRIVE-THROUGH FACILITIES. A physical facility that permits customers to receive services or obtain goods while remaining in their motor vehicles. Examples include but are not limited to bank and fast food restaurant drive-through facilities. DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structures. 1-18 Th DWELLING. A structure or portion thereof which is used exclusively for human habitation. DWELLING, EFFICIENCY. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities. DWELLING, MULTIPLE -FAMILY. A structure containing more than two dwelling units. DWELLING, SINGLE FAMILY DETACHED. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWELLING, TOWNHOUSE. A one -family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. DWELLING, TWO-FAMILY. A structure containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. DWELLING UNIT. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. ELDERLY (SENIOR CITIZEN) HOUSING. A public agency owned or controlled multiple dwelling building with open occupancy limited to persons over sixty (60) years of age. ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Personal wireless service and commercial broadcasting antennas and towers shall not be considered an essential service. EXISTING USE. The use of a lot or structure at the time of the enactment of a zoning ordinance. 1-19 EXTERIOR STORAGE/STORAGE YARDS. An outside area where equipment, vehicles, trailers, or material relating to the principal use of a parcel of land is stored. This includes semi - trucks and trailers. The stored items are not for sale or display but are used in the everyday operation of the principal use. Also referred to as "outdoor storage." Outdoor sales lots are not outdoor storage but are distinct uses regulated by this ordinance. EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. FAMILY. An individual or two (2) or more persons related by blood or marriage or of not more than five (5) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. FARM. Real property used for commercial agriculture or horticulture. FEEDLOT. A confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal waste may accumulate but not including barns, pens or other structures used in a dairy farm operation. FENCE. A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure. FENCE, BOUNDARY LINE. All fences located within one (1) foot of a property line. FENCE, INTERIOR YARD. All fences located five (5) feet beyond a property line. FILTER STRIP. A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater. FILLING. The act of depositing any rock, soil, gravel, sand or other material on a site. FLOOD. A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel. FLOOD FRINGE. That portion of the floodplain outside of the floodway. FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. FLOOD PROFILE. A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river. FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. 1-20 Th L., FLOOR AREA, NET. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. FOOTPRINT. The horizontal area measured within the outside of the exterior walls and supporting columns of the ground floor of a building or structure. GARAGE. A deck building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. GARAGE, PUBLIC. A garage other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation repairs, or kept for renumeration, hire or sale. GARAGE, STORAGE. Any building or premises used for the storage only of motor - driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil are sold and vehicles are not equipped, serviced, repaired, hired or sold. GAZEBO. A freestanding accessory structure or pavilion from which views of surrounding scenery are commonly offered. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features. GOLF COURSE. An outdoor facility with at least nine holes for playing golf and that may include accessory facilities and uses that serve the golfers such as a clubhouse, driving range, pro shop, restaurants or other food and beverage services with or without outdoor dining/seating, maintenance buildings, cart storage, shelters, lockers and showers. This definition includes outdoor driving ranges but does not include miniature golf courses. On -sale liquor sales may be an accessory use at a golf course provided the license required by Chapter 700 of the City Code is obtained and current. GOLF COURSE, MINIATURE: A facility for playing a novelty, small version of golf played with a putter, typically comprised of miniature putting greens with artificial playing surfaces and obstacles such as bridges and tunnels. GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. GRADING PLAN. Existing topography and proposed finished grades with a contour interval of no greater than two (2) feet clearly indicating the relationship of proposed changes to existing topography and remaining features. 1-21 GREENHOUSE/NURSERY, COMMERCIAL. An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. (A greenhouse/nursery that does not conduct retail or wholesale is considered horticulture.) areas. GREENWAY. Land shown in the Comprehensive Plan that is intended to: (a) Preserve contiguous open space to define neighborhoods. (b) Preserve ecologic features and function of unique environmentally sensitive (c) Protect a diversity of natural features and habitat. (d) Provide for passive recreational trail opportunities. HARDSHIP. The same as that term is defined in Minnesota Statutes, Chapter 462. HAZARDOUS WASTE. Any refuse, sludge, or other waste material or combination of refuse, sludge, or other waste materials in solid, semi-solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may: (a) Cause or significantly contribute to an increase in mortality or an increase in serious or irreversible, or incapacitating reversible illness, or (b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, or transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. HISTORIC SITE. Structure or area of land or water of historic, archaeological, paleontological or architectural value which has been designated as an historic site in the Federal Register of historical landmarks, the Minnesota Historical Society, or by a local governmental unit. HOME EXTENDED BUSINESS. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this subdivision. HOME OCCUPATION. Any activity by a resident carried out for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof. 1-22 HOMEOWNERS ASSOCIATION. A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities. HORTICULTURE. The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. Horticulture is a type of agricultural use. HOUSEBOAT. A watercraft vessel having a super structure resembling a house, usually moored, designed and used as a dwelling. IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate. INDIVIDUAL SEWAGE TREATMENT SYSTEM OR INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies (per Minnesota Rules 7080). INDUSTRIAL PARK. A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility. INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. IRRIGATION SYSTEM. Any structure or equipment, mechanized or other, used to supply water for landscaping, vegetation, commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. JUNK YARD. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit-making purpose, and not solely for private enjoyment. KENNEL, PRIVATE. Any structure or premises on which 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. 1-23 LAND RECLAMATION. The process of the re-establishment of, acceptable topography (i.e., slopes), vegetative cover, soil stability, and the establishment of safe conditions appropriate to the subsequent use of the land. LIGHTING RELATED: (a) Cutoff The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated at a specific angle above the ground. (b) Cutoff Angle. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted (see Figure 1). Figure 1. Cutoff Angle I.. ,c\ -/Total Cutoff • (c) Cutoff Type Luminaire. A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety (90) degrees. (d) Flashing Light. A light source which is not constant in intensity or color at all times while in use. (e) Foot candle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle. (f) Light Source. A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. (g) Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts. 1-24 L., L. - (h) Outdoor Lighting. Any light source or collection of light sources, located outside a building, including but not limited to, light sources attached to any part of a structure, located on the surface of the ground or located on freestanding poles. (i) Outdoor Light Fixture. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot, and flood lights for: 1. Buildings and structures. 2. Recreational areas. 3. Parking lot lighting. 4. Landscaping lighting. 5. Signs. 6. Street lighting. 7. Product display area lighting. 8. Building overhangs and open canopies. (j) Security Lighting. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property. Figure 2 — Shielding 1-25 (k) Shielding. A technique or method of construction permanently covering the top and sides of a light source by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see Figure 2). (1) Spillage. Any reflection, glare or other artificial Light that emits onto any adjoining property or right-of-way and is above a defined maximum illumination. LOT, LOT OF RECORD. A contiguous parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "parcel." LOT AREA. The total area within the lot lines of a lot measured in a horizontal plane. LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or townhome subdivision. LOT, CORNER. A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less. LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries. LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. LOT, FLAG. A lot that has access to a public street via a narrow strip but does not have the full required frontage on a public street. LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street. LOT, INTERIOR. A lot, other than corner lot, including through lots. LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. LOT LINE, FRONT. The lot line separating a lot from the street right-of-way along the lot frontage. LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this Ordinance, the rear lot line of a triangular lot shall be a line entirely within the lot at least ten (10) feet long and parallel to and most distance 1-26 Th `✓ point from the front lot line. If the front lot line on such a lot is curved, the rear lot line shall be L., parallel to a line tangent to the front lot line. LOT LINE, SIDE. Lot lines extending away from the lot frontage. which connects the front and rear lot lines. LOT, THROUGH. A lot fronting on two parallel streets. LOT, TRL4NGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line. LOT, UNIT. Lots created from the subdivisions of a two family dwelling or townhome having different minimum lot size requirements than the conventional base lots within the zoning district. LOT WIDTH. The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul-de-sac, the lot width is measured along a line parallel to a tangent to the front lot line. MANUFACTURED HOME. A manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on side, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under Minnesota Statute 327 including the Manufactured Home Building Code adopted therein. MANUFACTURED HOME SUBDIVISION. A subdivision designed and/or intended for the sale of lots for residential occupancy by manufactured homes. MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any buildings or structures used or intended for use as part of the equipment of the manufactured home park. MANUFACTURED HOME LOT. A plot of land for placement of a single manufactured home within a manufactured home park. MINI SELF -STORAGE. An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for the storage of household goods or personal belongings. 1-27 MOBILE HOMES. A single family detached dwelling unit or other structure designed for year around occupancy constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. Mobile homes should not include all types of manufactured homes as defined herein. MODEL HOME. A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes. MOTOR VEHICLE SALES LOT. The use of any building, land area, or other premises or portion thereof, for the display, sale, or lease of automobiles, trucks, vans, trailers, or recreational vehicles. NON -CONFORMING USES. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. NUISANCE. Anything defined as a nuisance by Section 900 of the City Code. NURSING HOME (REST HOME). A building having accommodations where care for pay is provided for two (2) or more invalids, infirm, aged or convalescent persons who are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions. OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. ON -STREET PARKING SPACE. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way. OPEN AIR MARKET. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi -open facilities or temporary structures. OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. OPEN SPACE, PRIVATE. Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building. OPEN SPACE, PUBLIC. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public. ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands as determined by the Minnesota Dept. of Natural Resources: an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave 1-28 evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. OUTDOOR STORAGE. See "exterior storage." PARCEL. A contiguous tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "lot" or "lot of record." PARK, PRIVATE. A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc. for active and/or passive recreational purposes. PARK, PUBLIC. A tract of land publicly owned and used by the public for active and/or passive recreational purposes. PARKING LOT. An off-street, ground level area. usually surfaced and improved. for the temporary storage of motor vehicles. PARKING SPACE. A space for the parking of a motor vehicle within a public or private parking area. PARTY WALL. A common shared wall between two (2) separate structures. buildings, or dwelling units. PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. PERSONAL SERVICE. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, tattooing, and body piercing. (added per Ord. 21-03) PLANNED UNIT DEVELOPMENT. An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned residential developments and/or one or more public, quasi -public, commercial or industrial areas in such ranges of ratios of non-residential uses to residential uses as shall be specified. PLAY AND RECREATIONAL FACILITIES. Equipment customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities include swing sets, play sculptures, sand boxes, picnic tables, basketball standards, barbeque grills and the like. PRINCIPAL USE. The primary or predominant use of any lot and/or building. PUBLIC WATERS. As defined in Minnesota Statutes section 103G.005, subdivision 15: 1-29 (a) Public Waters, General Development. Those waters whose shores are generally characterized by medium density residential development with or without limited service- oriented commercial development. (b) Public Waters, Natural Environment. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use. (c) Public Waters, Recreational Development. Generally medium sized lakes of varying depths and shapes with a variety of landform, soil and ground water situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year round residences and recreational -oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use. (d) Public Waters, Tributary Rivers. Segments consisting of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities. PUBLICATION. Notice placed in the official City newspaper stating time, location and date of meeting and description of the topic. QUADRAMINIUM. A single structure which contains four (4) separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure. QUARTER -QUARTER SECTION. The northeast, northwest, southwest or southeast quarter of a quarter section delineated by the United States Government system of land survey and which is exactly or nearly forty (40) acres in size. RECREATION AREA. An outdoor area which may include water bodies and incidental buildings thereto used or intended for active or passive recreation, including, but not limited to, parks, playground, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities conducted primarily in structures are not recreation areas. RECREATIONAL VEHICLE. A vehicle designed and used for recreational purposes and enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles, boats, race cars, travel trailers, truck campers, camping trailers, and self-propelled motor homes. 1-30 REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one (1) foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. RELATIVE. Father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law. RESIDENTIAL FACILITY, STATE LICENSED. Any program, defined by Minnesota Statutes section 245A.02, subdivision 14, that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner of the Department of Human Services to provide services for five (5) or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four (4) or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner of the Department of Human Services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under Minnesota Statutes 254B. Residential programs include home and community-based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home. deed. RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in the SANITARY LAND FILL. A site used for solid waste disposal. SCHOOL. Any building or part thereof which is designed, constructed or used for educational or instruction in any branch of knowledge. SCHOOL, PRIVATE. Any building or group of buildings the use of which meets state requirements for primary, secondary, or higher education and which use does not secure the major part of its funding of any governmental agency. SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. SETBACK LINE. That line that is the required minimum distance from the street right-of- way line or any other lot line that establishes the area within which the principal structure must be erected or placed. SHORELAND. Land located within the following distances from public waters: one thousand (1000) feet from the ordinary high water level of a lake, pond or flowage and three 1-31 hundred (300) feet from a river or stream or the landward extent of a floodplain designated in Chapter 1102 of the City Code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. SHORELAND IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. SIGN AREA. The entire face of a sign including the advertising surface and any framing. trim or molding, but not including the supporting structure. SIGNIFICANT TREE. — See definition of Tree. SPECIMEN TREE. — See definition of Tree. SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening device; any other information that reasonably may be required in order that an informed decision can be made by the approving authority. SLOPE. The degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees. SOIL CONSERVATION PLAN. A description of the soils of the site and information on soil suitability. Also included shall be any remedial steps taken by the developer to render the soils suitable and any erosion and sedimentation controls indicating type and location of control measures. The plan should provide for the protection of soils during the construction process and/or the long-term occupancy of the site. SPORT COURT. An outdoor facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, hockey, or volleyball. STABLE, COMMERCIAL. The business of boarding horses for fee for persons not residing on the premises and may include instruction, exhibition and sale of horses. This shall include the raising and breeding of horses. 1-32 L L L STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. STORAGE BUILDING. A one-story accessory building used or intended for the storage of hobby tools, garden equipment, workshop equipment, boats, snowmobiles, etc. STORAGE, EXTERIOR OR OUTDOOR. See "exterior storage." STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under -floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement or unused under -floor space shall be considered as a story. STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade, as defined herein, for more than fifty (50) percent of the total perimeter, or more than eight (8) feet below grade, as defined herein, at any point. STREET. A right-of-way affording access by pedestrians and vehicles, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private, ingress and egress easements shall not be considered streets. STREET, CUL-DE-SAC. A local street, one end of which is closed and consists of a circular turn around. STREET, COLLECTOR. A street which collects traffic from local streets and connects with minor and major arterials. See City's Functional Classification System for Roadways contained in the Comprehensive Plan. STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic. See City's Functional Classification System for Roadways contained in the Comprehensive Plan. STREET, MINOR ARTERIAL. A street with signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets. See City's Functional Classification System for Roadways contained in the Comprehensive Plan. 1-33 STRUCTURE. Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. STRUCTURE ALTERATION. Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls. SUBSTANTIAL IMPROVEMENT. Any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds fifty (50) percent of the fair market value of a property either before the improvement is started or if the property has been damaged and is being restored, before the damage occurred. SWIMMING POOL. A water -filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool having a depth of more than thirty (30) inches designed, used and maintained for swimming and bathing. TEMPORARY STRUCTURE. A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. TERRACE. A raised flat area with sloping sides or sides held by retaining walls, unroofed and landscaped or surfaced. TOOL SHED. A small one-story accessory building used or intended for the storage of hobby tools and garden equipment. TOPOGRAPHY. The configuration of a surface area showing relative elevations. TOWNHOUSE. A single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides. TRAILER. A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer. TRANSIENT MERCHANT. Any individual person whose business in the city is temporary or seasonal and consists of selling and delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the exhibition and sale of the merchandise. TREE. Any of the following type of trees, as each is defined herein: 1-34 1.. (a) Coniferous Tree. A woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year round. (b) Deciduous Tree. A woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. (c) Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for deciduous trees, or a minimum of twelve (12) feet in height for coniferous trees. (d) Significant Tree Stand. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying five hundred (500) or more square feet of property, which are comprised of deciduous trees six (6) inches or larger in diameter or coniferous trees twelve (12) feet or higher in height. (e) Specimen Tree. A healthy hardwood tree measuring equal to or greater than thirty (30) inches in diameter and/or a coniferous tree measuring fifty (50) feet or greater in height. TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect. TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The tree preservation plan shall include the size, species, tag numbers, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. TRUCKING TERMINAL. Land or buildings used primarily as a relay station for the transfer of freight from one vehicle to another or one party to another rather than permanent or long term storage. The terminal facility might include storage areas for trucks and buildings for truck maintenance and repair. VARIANCE. A modification of the strict provisions of this Ordinance as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship imposed upon the property by this Ordinance. A variance shall normally be limited to height, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WADING POOL. An above -ground or in -ground structure containing less than eighteen (18) inches of water. WAREHOUSE. A building used for warehousing. 1-35 WAREHOUSING AND DISTRIBUTION. The storage, wholesaling, or distribution of manufactured products, supplies, and equipment. WATERBODY OR WATERCOURSE. Any natural or man-made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers. WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. WETLANDS. An area where water stands near, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics: (a) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S. 1956".) (b) Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and mulch). (c) Soil which is water logged or covered with water at least three (3) months of the year. (d) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to preeminently terrestrial. YARD. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance. YARD, FRONT. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance. YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. 1-36 YARD, SIDE. A yard on each side of the building between the building and the side line of the lot and extending from the front yard to the rear yard. ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. ZONING ADMINISTRATOR. The Community Development Director, who is charged with the administration and enforcement of this Ordinance. 1-37 THIS PAGE INTENTIONALLY LEFT BLANK 1-38 Th ADMINISTRATION § 1007.015 ADMINISTRATION: AMENDMENTS AND REZONINGS. In accordance with the provisions of Minnesota Statutes, the City Council may from time to time amend the Zoning Ordinance text or map (rezoning). Amendments may be initiated by City Council, Planning and Zoning Board, or property owner. The procedure for an amendment to the Zoning Ordinance or Zoning District Map (rezone) shall be as follows: (1) Persons wishing to initiate an amendment shall submit a "Land Use Application Form" accompanied by a fee as required in § 1007.000 (9) of this ordinance to be used for the costs of processing the application. The Land Use Application Form shall be filed with the Zoning Administrator. The request for amendment shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. (2) Property owners or occupants within six hundred (600) feet of any property proposed for zoning district amendment (rezoning) shall be notified in writing, although failure by any property owner to receive notification shall not invalidate the proceedings, provided that proof of an attempt at notification has been made. Notification shall be by first-class mail. A notice shall be published in the newspaper and mailed to property owners at least ten (10) days prior to the day of the public hearing. Such notification shall include the Affidavit of Mailing completed by the City and a list of all persons who have been notified pursuant to this section. In the case of rezoning shoreland, as defined by Lino Lakes Ordinance, all property owners or occupants of property, which abut the shoreline, shall be notified in writing of any property proposed for any zoning district amendment (rezoning), even though their property may be beyond the six hundred (600) feet previously contemplated in this section. (3) Depending on the project and as determined by the Community Development Director, either site and building plans consistent with the requirements established in § 1007.020 or information required by Chapter 1000 of the City Code for a plat submittal, shall be provided prior to Planning and Zoning Board review. (4) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council. (5) The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. area. (b) The proposed use is or will be compatible with present and future land uses of the 2-1 (c) The proposed use conforms with all performance standards contained herein. (d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. (e) Traffic generation by the proposed use is within capabilities of streets serving the property. (6) A public hearing on the rezoning application shall be held by the Planning and Zoning Board or City Council. (7) The City Council must approve or deny the application for zoning amendment request within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it shall state in writing the reasons for the denial at the time it denies the request. (8) Approval of a proposed amendment shall require passage by a majority vote of all members of the City Council except that the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a four-fifths (4/5) majority vote of all members of the City Council. (9) The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. An emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty (30) days after its publication or at such later date as it specifies. (10) No application for a zoning amendment or rezoning which has been denied shall be resubmitted for a period of twelve (12) months from the date of said order of denial. 2-2 `/ § 1007.016 ADMINISTRATION: CONDITIONAL USE PERMITS. (1) General Statement. Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and an annual review of the permit shall be required. The permit shall be granted for a particular use and not for a particular person or firm. Conditional use permits may be granted in accordance with this subdivision for any use or purpose for which such permits are required or permitted by this ordinance or as listed as a conditional use for the zoning districts provided in § 1007.080 through §1007.132 of this ordinance. (2) Procedure. (a) The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a "Land Use Application Form" together with a fee as established by City Council resolution. The request for conditional use permit shall be placed on the agenda of the Planning & Zoning Board according to the City's deadline and meeting schedule. The request shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. (b) A public hearing on the conditional use permits shall be held by the Planning and Zoning Board or the City Council. (c) At least ten (10) days prior to the public hearing; notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the City and mailed to the property owners within three hundred fifty (350) feet of the property in question. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings. (d) The applicant or his representative must appear before the Planning and Zoning Board in order to answer questions concerning the proposed conditional use. (e) Site and building plans consistent with the requirements established in §1007.019 (2) shall be provided prior to Planning and Zoning Board review. (f) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation of the action to the City Council. (g) Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. 2-3 b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. a. Natural Environment Plan. 2. The proposed development application is compatible with present and future land uses of the area. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer -financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must 2-4 be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. i. The proposed development shall be served with adequate and safe water j. The proposed development shall be served with an adequate and safe sanitary k. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. supply. sewer system. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 6. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. (h) Whether the Planning and Zoning Board recommends denial or approval of a conditional use permit or the Council orders such denial or approval, it shall include in its recommendations or determination findings as to the ways in which the proposed use does or does not comply with the standards established in this Ordinance. (i) The City Council must approve or deny the application for amendment or conditional use permit requests within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. (j) Following approval of the conditional use permit, the City shall file a certified copy thereof including a legal description of the property with the County Recorder and/or Registrar of Title. (k) If construction has not begun within one (1) year after the date of the conditional use permit, or if substantial construction has not taken place within three (3) years after the date 2-5 of issuance of the conditional use permit, the permit is void. A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one (1) year. (1) If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten (10) days prior to the review; it shall be the responsibility of the City Clerk to schedule such public hearings and the owner of land having a conditional use permit shall not be required to pay a fee for said review. (m) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. An amended conditional use permit application and requests for changes in conditions shall be administered in a manner similar to that required for a conditional use permit. (n) All uses existing as of July 14, 1997 that are included in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. (o) No application for a conditional use permit shall be resubmitted for a period of twelve (12) months from the date of said order of denial. ', (3) Revocation. If an approved conditional use permit is in violation of this Ordinance or the conditions of permit approval, the City may initiate a process to revoke the conditional use permit. The City shall then conduct a public hearing to consider the revocation of a conditional use permit. Notifications shall be distributed and published according to paragraph (2)(c) The public hearing shall be conducted by the Planning & Zoning Board, which shall make a recommendation to the City Council. In considering revocation, the Board and the City Council shall consider compliance with the approved conditions of the conditional use permit and the standards listed in paragraph (2)(g). The City may also conduct a public hearing and consider revocation if the time requirements of paragraph (2)(k) have not been met. (a) Following a vote by the City Council to revoke the conditional use permit, the City shall file a certified copy thereof including a legal description of the property with the County Recorder and/or Registrar of Title. § 1007.017 ADNIINISTRATION: INTERIM USE PERMITS. (1) Purpose and Intent. The purpose and intent of allowing interim uses is: (a) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (b) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (c) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. (2) Procedure. (a) Existing Uses. All uses existing as of July 14, 1997 that are included in the list of interim uses for the zoning district in which they are located shall be considered as having an interim use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended interim use permit regulated by the § 1007.017of this Ordinance and shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by §1007.016 of this Ordinance. (b) New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by §1007.016 of this Ordinance. (3) General Standards. An interim use shall comply with the following: (a) Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. (b) New Uses. Ordinance. 1. Meets the standards of a conditional use permit set forth in § 1007.016 of this 2. Conforms to the applicable performance standards of this Ordinance. 3. The use is allowed in an interim use in the respective zoning district. 4. The date or event that will terminate the use can be identified with certainty. 2-7 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 6. The user agrees to any conditions that the City Council deem appropriate for permission of the use. (4) Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs: (a) The date stated in the permit. (b) Upon violation of conditions under which the permit was issued. (c) Upon change in the City's zoning regulations which renders the use non- conforming. (d) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. (5) Revocation. If an approved interim use permit is in violation of this Ordinance or the conditions of permit approval, the City may initiate a process to revoke the interim use permit. The City shall then conduct a public hearing to consider the revocation of an interim use permit. Notifications shall be distributed and published according to paragraph (2). The public hearing shall be conducted by the Planning & Zoning Board, which shall make a recommendation to the City Council. In considering revocation, the Board and the City Council shall consider compliance with the approved conditions of the interim use permit and the standards listed in paragraph (3). 2-8 § 1007.018 VARIANCES AND APPEALS. (1) Variances. Variances from the requirements of this ordinance, including restrictions placed on nonconformities, may be granted under the following conditions. (a) Criteria and Findings of Fact. No variance shall be granted unless it meets all the criteria in paragraphs 1. through 6. or unless paragraph 7. applies. The City shall make findings regarding compliance with these criteria. ordinance. 1. The variance shall be in harmony with the general purposes and intent of the 2. The variance shall be consistent with the comprehensive plan. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. 5. The variance shall not alter the essential character of the locality. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. (b) Variance Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: 1. A person desiring a variance shall fill out and submit to the Zoning Administrator or his/her designee a "Land Use Application Form", together with a fee as established by City Council resolution/ordinance and all related material to document said hardship. 2. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with. 3. The City Council must approve or deny the application within sixty (60) days of receiving all required information. Failure of the City Council to deny an application within 2-9 ANN sixty (60) days is approval of the request. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application. a. The sixty (60) day time limit starts over only if the City sends notice, within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. b. Other conditions of MN Stat 15.99, as amended, also apply. 4. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. The Board shall make a recommendation to the City Council including findings on compliance with required criteria and conditions to be imposed. 5. The City Council may grant the variance if it has been established that the application complies with the required criteria. The City Council shall, on all variance applications whether granted or denied, record findings of fact. Such findings shall be recorded in writing and shall state the City Council's reasons for such action. 6. Following approval of the variance, the City shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles. (c) The City may impose conditions in the granting of variances. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. (d) Submittal Requirements. Applications for variances shall be filed with the Community Development Department and shall be accompanied by the following submittal information: 1. Proof of title and contract/purchase agreement and/or property owner signature on the application form when applicable. 2. Eight (8) large scale copies and reduced (11" x 17") copies of detailed written materials, plans and specifications to include the following information: Note: One/two additional large scale copies shall be provided for each of the following, if applicable: • Project adjacent to a County Road or County State Aid Highway — (2 sets) • Project adjacent to a State Highway or Interstate Highway — (2 sets) 2-10 • Project lies within a Shoreland District — (1 set) 3. Certificate of survey prepared by a licensed land surveyor identifying the following: The Community Development Department may waive the certificate of survey when the survey will not provide information relevant to the variance necessary to review the application. a. Scale (engineering only) at not less than one (1) inch equals one hundred (100) feet. b. North point indication. c. Existing boundaries with lot dimension and lot area. d. Existing buildings, structures and improvements. e. Easements of record. f. Delineated wetland boundary, to include the OHWL of any lakes or DNR waters. g. All encroachments. h. Legal description. i. Graphic information, plans, specifications, or other materials that illustrate the requested variance. j. Narrative description of how the application complies with the variance criteria listed above. (2) Appeal Procedure. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. The City Council shall be the Board of Appeals and Adjustments with powers listed in Minnesota Statutes 462.357, subdivision 6. (a) Appeal Procedures. 1. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. 2. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. 3. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. 2-11 4. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals. 5. The Board of Appeals and Adjustment shall consider the application for appeal at a public meeting and consider testimony of the property owner and City staff. 6. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and Appeals shall make its decision in accordance with the timeline described for variances in Subd. 4.A.2.c. of this Chapter. 7. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. 2-12 L., THIS PAGE INTENTIONALLY LEFT BLANK 2-13 § 1007.019 ADMINISTRATION: ADMINISTRATIVE PERMITS AND APPROVALS. (1) Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approvals of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City. (2) Procedure. (a) Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. (b) Applications for administrative permits or administrative approvals shall be accompanied by a non-refundable fee as established by City Council ordinance. (c) The Zoning Administrator shall review the applications and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within ten (10) days of the date of submission. (d) The Zoning Administrator's review is based upon the following factors: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan g. Natural Environment Plan 2. The proposed development application is compatible with present and future land uses of the area. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. 2-14 L., 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. Traffic generated by a proposed development will not degrade the level of service outside of the proposed development to a level worse than the existing level of service. (Level of service as defined by the Highway Capacity Manual.) b. The existing level of service must be D or better for any street providing access to the development. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. c. Existing roads providing access to the development have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. d. The traffic generated from a proposed development shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan or the developer shall pay to correct any street deficiencies. 5. The proposed development shall be served with adequate and safe water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. (e) The Zoning Administrator shall make a determination on approval or denial of the administrative permit within sixty (60) days from the date of submission of a complete application unless the review is extended as allowed by MN Stat. 15.99. (f) A written report or letter of approval shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be attached to the permit or letter. (g) Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten (10) days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance. (h) Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as outlined in § 1007.018 of this Ordinance. 2-15 (3) Information Requirement. The information required for all administrative permit or approval applications shall include: (a) The applicant shall include as part of the application, the applicable submission information as identified in § 1007.020 Site and Building Plan Review. The Zoning Administrator may waive submission information not deemed necessary for the administrative review. (b) A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application. (c) A copy of the current sales tax certificate issued by the State of Minnesota, if applicable. (d) Information identified in § 1007.044 of this Ordinance as may be applicable. (4) Performance Standards. All uses, events, or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. (5) Administration and Enforcement. (a) The Zoning Administrator shall keep a record of applications and administrative permits or approvals. (b) A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator. (c) Enforcement of the provisions of this paragraph shall be in accordance with §1007.023 of this Ordinance. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications. 2-16 § 1007.020 SITE AND BUILDING PLAN REVIEW. (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department . Relocated structures shall also require a site and building plan review as required by §1007.046. (2) Applications and Submittal Requirements. Applications for site and building plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: (a) Proof of title and contract/purchase agreement and property owner signature on the application form when applicable. (b) Eight (8) large scale copies and reduced (11" x 17") copies of detailed written materials, plans and specifications. One electronic copy in a format compatible with the City's computer system. Note: One/two additional large scale copies shall be provided for each of the following, if applicable: feet. • Project adjacent to a County Road or County State Aid Highway — (2 sets) • Project adjacent to a State Highway or Interstate Highway — (2 sets) • Project lies within a Shoreland District — (1 set) (c) Certificate of Survey prepared by a licensed land surveyor identifying the following: 1. Scale (engineering only) at not less than one (1) inch equals one hundred (100) 2. North point indication. 3. Existing boundaries with lot dimension and lot area. 4. Existing buildings, structures and improvements. 5. Easements of record 6. Delineated wetland boundary. to include the OHWL of any lakes or DNR waters. 7. All encroachments. 2-17 8. Legal description. (d) Site Plan using the current Certificate of Survey as a base depicting the following: 1. Name of project or development. 2. Name and address of developer and/or owner. 3. Name and address of engineer/architect/designer. 4. Date of plan preparation and dates of any subsequent revisions. 5. All proposed improvements, including: a. Required and proposed setbacks. b. Location, setback and dimensions of all proposed buildings and structures. c. Location of all adjacent buildings and structures within one hundred (100) ✓''\ feet of the exterior boundaries of the subject property. d. Location, number, dimensions of all proposed parking stalls, loading areas and drive aisles, with curbing shown. e. Location, width and setbacks of all proposed street accesses and driveways. f. Location, width and setbacks of all proposed sidewalks, walkways and trails. g. Location and type of all proposed lighting, including fixture details. h. Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers. 6. Calculations for impervious/pervious surfaces. (e) Grading Plan (using the current Certificate of Survey as a base) depicting the following: 1. Existing contours at two- (2) foot intervals. 2-18 2. Proposed grade elevations at two- (2) foot maximum intervals. 3. Drainage plan, including the configuration of drainage areas and calculations. 4. Spot elevations. 5. Surface water ponding and treatment areas. 6. Erosion control measures. 7. Wetland replacement plan (when applicable). 8. Soil borings. 9. Drainage calculations for 2-, 10-, & 100 -year storm events. 10. Delineated wetland boundary, to include OHWL of any lakes or DNR waters. 11. Date of plan preparation and dates of any subsequent revisions. (f) Landscaping Plan using the current Certificate of Survey as a base depicting the following: 1. Planting schedule including: a. Symbols. b. Quantities. c. Common and botanical names. d. Sizes of plant materials. e. Root specification (bare root, balled/burlapped, potted, etc.). f. Special installation instructions. 2. Tree Preservation Plan: location, type and size of all significant trees to be removed or preserved. (see tree plan requirements in §1007.043 (17)(d) ) 2-19 3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). 4. Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas and the like. 5. Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials to be used. 6. Delineation of both sodded and seeded areas with respective areas measured in square feet. 7. Coverage plan for underground irrigation systems, if any. 8. Other existing or proposed conditions that could be anticipated to affect landscaping. 9. Date of plan preparation and dates of any subsequent revisions. (g) Photometric Lighting Plan, to include fixture details/cut sheets/drawings. 1. Date of plan preparation and dates of any subsequent revisions. (h) Architectural Plans. 1. Date of plan preparation and dates of any subsequent revisions. 2. Architectural elevations, IN COLOR, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces). 3. Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity. (i) Utility Plan. 1. Location of hydrants, valves and manholes, if any. 2. Location, sizing, and type of water and sewer system mains and proposed service connections, hydrants, valves, and manholes; or, 3. Location and size of proposed primary and secondary on-site treatment systems, when allowed. 2-20 Lei 4. Storm sewer, catch basins, invert elevation, type of castings and type of materials L., (refer to Engineering Manual for City standards). 5. Date of plan preparations and dates of any subsequent revisions. (j) Other plans and information as may be required by the Zoning Administrator which may include (but not be limited to) the following: 1. Location, type and size (area and height) of all signs to be erected upon the subject property. 2. Vicinity map showing the subject property in relation to nearby highways or major street intersections. 3. Sound source control plan. 4. Fire protection plan. 5. Proposed protective covenants or private restrictions. 6. Where landscaping or man-made materials are used to provide screening from adjacent properties, a cross section shall be provided showing the perspective of the site from neighboring properties at the property line elevation. (k) For applications for new communication towers, the application must include information to demonstrate compliance with the provisions of § 1007.054, including but not limited to: 1. Demonstration that a significant gap in coverage exists that would be resolved by the proposed location and that adequate service cannot be provided utilizing existing structures within a two (2) mile search radius of the proposed site. 2. Structural design information to ensure compliance with manufacturer specifications and to ensure the tower can accommodate additional antennas (co -location). of use. 3. Authorization from the property owner if different from applicant. 4. Lease or agreement requiring removal of the tower and facilities after cessation 5. Copies of applicable federal, state, and local licenses, permits, approvals. �.. (3) Review. 2-21 (a) The Zoning Administrator shall forward copies of the application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest such conditions as they deem necessary to the approval of the site and building plans. (b) The Community Development Department shall approve or deny the application for site and building plan review within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days, of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the Department to deny an application within sixty (60) days is approval of the request. If the Department denies a request, it shall state in writing the reasons for the denial at the time it denies the request. (c) The applicant may appeal any denial or decision by the Department according to § 1007.018. (d) No application for a site and building plan review shall be resubmitted for a period of twelve (12) months from the date of said order of denial. (e) The Community Development Department shall provide to the City Council reports summarizing submitted site and building plan applications and outcomes regarding approval or denial as they occur. (4) Design Standards. Plans which fail to meet the following criteria shall not be approved. (a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1. Land Use Plan. 2. Transportation Plan. 3. Utility (Sewer and Water) Plans. 4. Local Water Management Plan. 5. Capital Improvement Plan. 6. Policy Plan 7. Natural Environment Plan. 2-22 L., (b) The proposed development application is compatible with present and future land uses of the area. (c) The proposed development application conforms to performance standards herein and other applicable City Codes. (d) Traffic generated by a proposed development application is within the capabilities of the City when: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer -financed improvements to correct any street deficiencies. 7. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. 8. The City does not relinquish any rights of local determination. (e) The proposed development shall be served with adequate and safe water supply. 2-23 (f) The proposed development shall be served with an adequate or safe sanitary sewer system. (g) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. (h) Development shall be permitted only in such a manner that the maximum number of trees shall be preserved. It shall be the duty of the person seeking approval to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. (5) Performance Standards. All uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this ordinance, the Zoning Administrator may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant. (a) Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. (b) Activities authorized by site and building plan approval shall be initiated within six (6) months. The time limits established in this paragraph may be extended by the Zoning Administrator (c) The applicant or the owner of land affected by such site and building plan review shall submit to the City at the time of site and building plan review application an amount for fee and deposit as required by City resolution or ordinance. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. 2-24 § 1007.021 DUTIES OF CITY STAFF. The offices of the Zoning Administrator and Building Official are hereby established; official(s) shall be appointed by the government body and serve at its pleasure. (1) Duties of the Zoning Administrator. The Community Development Director shall be the Zoning Administrator. The Zoning Administrator shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Zoning Administrator under this Ordinance, express or implied, the Zoning Administrator shall have the duty and power to: (a) Issue permits required by this ordinance. (b) Maintain all records necessary for the enforcement of this ordinance; including, but not limited to, all data, maps, amendments, rezonings, and conditional use permits, variances, appeal notices, certificates of occupancy, and applications thereof, nonconforming uses. (c) Receive, file and forward all appeals, notices, applications for variances, conditional use permits, certificates of occupancy, or other matters to the appropriate officials or boards. (d) Serve as ex -officio, non-voting member of the Planning and Zoning Board. (e) Perform all duties set forth in job description. (2) Duties of the Building Oficial. The Building Official shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Building Official under this ordinance, express or implied, the Building Official shall have the duty and power to: (a) Conduct inspections of land, buildings or structures at reasonable times, to determine compliance with and enforce the provisions of this ordinance. (b) Perform annual and/or periodic review of all conditional use permits. (c) Institute in the name of the City any appropriate actions or proceedings to enforce this ordinance. (d) Perform all duties set forth in job description. 2-25 THIS PAGE INTENTIONALLY LEFT BLANK 2-26 `..i § 1007.022 CERTIFICATE OF OCCUPANCY. (1) No person may change the use of any land except for construction of essential services and transmission lines or occupy or utilize a new structurally altered building (except single- family detached dwellings or their accessory buildings or private garages in any district) or change the use of any building after the effective date of this ordinance unless he has first obtained a certificate of occupancy. (2) Application for a certificate of occupancy for a new building or for an existing building which has been so altered or the reuse of any land may be filed with the Building Official any time after the application for a building permit. The Certificate of Occupancy shall be issued within ten (10) days after the construction or alteration of such building or part thereof or site has been completed in conformity with the provisions of this ordinance and building code. Pending the issuance of said certificate, a temporary certificate of occupancy may be issued, subject to the provisions of the building code and zoning ordinance for a period not to exceed twelve (12) months during the completion of the erection or the alteration of such a building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the community relating to the use or occupancy of the premises or any other matter, except under such restrictions and provisions as will adequately insure the safety of the occupants. The use of any structure for which a building permit is required or the use of any land shall be considered a violation of this ordinance unless a certificate of occupancy has been issued. (3) Application for a certificate of occupancy for a new use of land shall be made to the Building Official before any such land shall be so used. Such certificate of occupancy shall be issued within ten (10) days after this application if the use is in conformity with the provisions of this ordinance. (4) A record of all certificates of occupancy shall be kept on file with the City. 2-27 THIS PAGE INTENTIONALLY LEFT BLANK 2-28 L., § 1007.023 ENFORCEMENT AND PENALTIES. (1) Administration and Enforcement. (a) This Ordinance shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the City of Lino Lakes any appropriate actions or proceedings against a violator as provided by statute, ordinance, or code. (b) If the provisions of this Ordinance are being violated, the City shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Section to insure compliance with or to prevent violation of its provisions. (2) Penalties, Violations, and Enforcement. In addition to the remedies set out in the paragraph above, the City may enforce any provisions of this Ordinance by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. 2-29 THIS PAGE INTENTIONALLY LEFT BLANK 2-30 L., § 1007.024 PUD, Planned Unit Development. (1) Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. A residential conditional use permit PUD may include a variety of residential units, including single family and multifamily units as long as it complies with the density requirements. A non- residential conditional use permit PUD may include a variety of commercial and/or industrial uses. A PUD that includes a mix of residential and commercial/industrial uses must utilize the PUD zoning district as described in § 1007.132 of this ordinance. The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: (a) A development pattern in harmony with the objectives of the Comprehensive Plan. (b) Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. (c) The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. (d) A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. (e) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. (f) Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. (2) General Requirements and Standards for a PUD. (a) Ownership. An application for PUD approval shall be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved PUD shall be binding on all owners. 2-31 (b) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. (c) Public or Common Open Space. Public or common open space at least sufficient to meet the minimum requirements established in this Ordinance and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD. (d) Operating and Maintenance Requirements for PUD Common Open Space/Facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following: 1. Landlord — Tenant. Landlord control, where only use by tenants is anticipated. 2. Owners. Property owners association, provided all of the following conditions are met: a. Declaration of Covenants and Conditions. Prior to the use, occupancy or sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document, as specified by the Minnesota Common Interest Ownership Act set out in Minnesota Statutes, Chapter 515B and a set of floor plans, as specified by Minnesota Statutes, Chapter 515B shall be filed with the City of Lino Lakes, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of Anoka County, Minnesota. b. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one (1) open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information: i. The legal description of the common lands or facilities. ii. The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. iii. A mechanism for resolving disputes among the owners or association members. iv. A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes, and insurance premiums. 2-32 v. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. c. Natural Habitat. Open space may be deeded to an established land trust, a government agency, or non-profit organization. Management shall be the responsibility of the land trust or non-profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non-profit organization. i. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non-profit organization as provided in Minnesota Statutes 84.64 — 84.65. Unless the document establishing the restrictions specifically provides to the contrary, the City shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the City prior to the execution and delivery thereof. Notwithstanding any provision of this Ordinance to the contrary, the City may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this Ordinance, waive the requirement that the area subject to the restrictions be platted as a separate outlot. ii. Stormwater drainage systems located within open spaces or the residential Land lots shall be covered by utility and drainage easements dedicated on the final plat to the City. d. Neighborhood Recreational and Trail Corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the City. Management and maintenance of the public recreational areas shall be the responsibility of the City. 3. Staging. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development, shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. (e) Utilities. 1. Underground. All utilities serving a two family and townhome development, including telephone, electricity, gas, and telecable, shall be installed underground. 2. Public Utility Service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. 3. Water Connections. Where more than one (1) property is served from the same service line, a shut off valve must be located in such a way that each unit's service may be shut off and secured by the City, in addition to the normally supplied shut off at the street. 2-33 4. Sewer Connections. Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner. (f) Roadways, Private. 1. Design. Private roadways within the project shall have an improved surface to twenty-six (26) feet or more in width and shall be so designed as to permit the City fire trucks to provide protection to each building. 2. Parking. No portion of the required private road system may be used in calculating required off-street parking space or be used for parking. (g) Development Agreement. Prior to a rezoning or the issuance of a building permit as part of Planned Unit Development, the permit, applicant, builder, or developer shall execute and deliver to the City Council a development agreement. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one (1) year of the off-site and on-site improvements (exclusive of building permit) as approved by the City Council, secured by a cash escrow or letter of credit in an amount and with surety and conditions satisfactory to the City, to insure the City that such improvements will be actually constructed and installed according to specifications and plans approved by the City as expressed in such agreement. (3) Rural Residential Planned Unit Development Requirements. (a) Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for rural (without City water or sanitary sewer) residential conservation subdivision PUD project in order to promote: 1. Preservation of productive land for agricultural use. 2. Preservation of wildlife habitat and unique natural resources. 3. Reduction of negative impacts on the environment. 4. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 5. A variety of rural residential lot sizes, configurations, and neighborhoods. (b) Application. Rural residential planned unit development shall be applied only outside of areas guided for City water and sanitary sewer (Stage 1 and Stage 2 growth areas) as identified within the Comprehensive Plan. (c) Densities. 2-34 L., 1. Subdivisions served by independent sewage treatment systems shall not exceed four (4) units per forty (40) acres. 2. Subdivisions served by a MPCA approved community sewer system shall not exceed eight (8) units per forty (40) acres. (d) Open Space Performance Standards. 1. Open Space Area Regulations. a. A minimum of fifty (50) percent of land subdivided for development shall be dedicated to common open space. b. All designated open space shall be platted as outlot parcels held as open space in perpetuity. Public trail corridors shall be dedicated as park land. c. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes Subdivision Ordinance. 2. Location Criteria. Open space outlots shall be located on the development site according to the following locational criteria: a. Natural Habitat. The development shall preserve natural habitat in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable view sheds. b. Trail Corridors. The development shall locate trail corridor open spaces in strategic places such that larger open space outlots and designated places of destination both on the development tract and adjacent tracts are connected with one another. Trail corridor open spaces may include, but are not limited to, established regional trails, local pathways, paved walkways, and shorelines. Public trail corridors shall be a minimum of twenty (20) feet in width. c. Neighborhood Recreation. The development shall locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ball fields, gardens, or other recreational areas. d. Public Open Space Accessibility. Open spaces dedicated to the public shall be accessible to pedestrians at no less than one thousand two hundred (1,200) foot intervals along public roadways. Where necessary, pedestrian access corridor outlots between private lots shall be at least twenty (20) feet in width. 2-35 e. Open Space Ownership and Management. Each designated open space area shall be owned and managed in accordance with standards in Section 1001.099 of the Lino Lakes Subdivision Ordinance. (e) Neighborhood Performance Standards. 1. Neighborhood Configuration. a. In order to establish a cohesive neighborhood unit, residential lots shall be located in a neighborhood cluster. A neighborhood cluster shall include a minimum of four (4) lots or twenty-five (25) percent of the allowable number of lots on the parcel to be subdivided, whichever is greater. An efficiency of land utilization and community development should be encouraged by maximizing the number of lots in any one cluster development, while adhering to the underlying density and open space requirements of this Ordinance. b. A neighborhood cluster shall be oriented toward an identifiable feature which all residential units share in common. Neighborhood identity may be accomplished by one or more of the following features: i. View Shed. The lots of a neighborhood may be arranged such that a majority of the principle structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed. ii. Physical Amenity. The lots of a neighborhood may be arranged such that a majority of the principle structures will face a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood. iii. Streetscape. The lots may be arranged such that the principle structures will face a street space enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the City's street design standards. 2. Lot Area. a. Lots served by individual sewage treatment systems (ISTS) shall have a minimum of one (1) acre of buildable land area capable of accommodating the principle dwelling, accessory buildings, and two (2) individual soil treatment systems (drainfields). b. Lots served by a MPCA approved community sewage treatment system shall have a minimum lot area of twenty-five thousand (25,000) square feet of buildable land. c. No individual single family lot may exceed five (5) acres in size. 3. Minimum Lot Width. a. ISTS Lots. Two hundred (200) feet. b. Lots Served by a MPCA Approved Community Sewage System. 2-36 L., i. Interior Lot. One hundred (100) feet. ii. Corner Lot. One hundred twenty-five (125) feet. 4. Setbacks. Setbacks shall be the same as those imposed in the applicable base zoning district. 5. Sewer Management. A report, prepared by a Minnesota Pollution Control Agency licensed designer, on the feasibility of individual sewage treatment systems (ISTS) and water systems on each lot or a community or shared sewage and water system serving the rural subdivision. The report shall follow Minnesota Rules Chapter 7080, as may be amended, and include soil boring analysis and percolation tests to verify report conclusions. For any development with a community sewage treatment system, the City shall require documentation that the property association shall be responsible for liability insurance and costs associated with the maintenance and operation of a community sewage treatment system. The City shall also require an agreement that if the association is not maintaining the system or the system is not operating properly, the City can undertake needed repair and maintenance and assess the property owners for the costs of such action. (4) Urban Residential Planned Unit Development Requirements. (a) Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for an urban (with City water and sanitary sewer) residential conservation subdivision PUD project in order to promote: 1. Preservation of wildlife habitat and unique natural resources. 2. Reduction of negative impacts on the environment. 3. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 4. A variety of urban residential lot sizes, configurations, and neighborhoods. (b) Application. Urban residential planned unit development shall be applied only within the City's R-2, R-3, and R-4 Zoning Districts. (c) Densities, The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan. (d) Open Space Performance Standards. 1. Open Space Area Regulations. 2-37 a. A minimum of fifty (50) percent of land subdivided for development shall be reserved as common open space. b. Designated open space shall be exclusive of unit lots and driveways. Road rights-of-way, parking lots, and driveways shall provide an emphasis upon tree preservation, natural habitat, and wetland protection c. All designated open space shall be platted as outlot parcels held as open space in perpetuity. Public trail corridors shall be dedicated as park land. d. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes Subdivision Ordinance. (e) Neighborhood Performance Standards. 1. Identity. To provide an identity and create a cohesive development pattern, residential units/buildings shall be oriented toward an identifiable future which they have in common. Such identity may be accomplished by one or more of the following features: a. View Shed. The lots of a neighborhood may be arranged such that a majority of the principle structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed. b. Physical Amenity. The lots of a neighborhood may be arranged such that a majority of the principle structure will face a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood. c. Streetscape. The lots may be arranged such that the principle structures will face a street space enhanced with landscaping, street trees, boulevards, sidewalks, trails, medians, or other landscaping techniques appropriate to the City's street design standards. (f) Yards. 1. Setbacks, Periphery_ The front and side yard restrictions at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective base districts. 2. Setback, Front_ No building shall be located less than twenty-five (25) feet from the back of the curb line along those roadways which are part of the internal street pattern. 3. Building Separation. Buildings upon the same lot shall maintain a minimum setback of ten (10) feet between buildings. (g) Townhouses, cooperatives, condominiums shall comply with the design standards of §1007.018 (2)(b). 2-38 (5) Commercial or Industrial Planned Unit Development, CUP Requirements. (a) Purpose. It is the intent of this section to further the directives of § 1007.001 and establish special requirements for the granting of a conditional use permit to allow flexibility from the strict provisions of this Ordinance in regard to multiple buildings, shared access/ parking, parking supply reductions, internal setbacks, etc. (b) Standards. 1. Open Space. a. The PUD design will result in greater landscaped pervious area than the base zoning district standard. b. The PUD design will result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent). c. The PUD design will include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building. 2. Architectural Guidelines. Commercial and industrial buildings shall comply with design standards of § 1007.043 (2)(d) of this Ordinance. (6) Procedure for Processing a Planned Unit Development. (a) Stages of PUD. The processing steps for a PUD are intended to provide for an orderly development and progression of the Plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps and applications, outlined in detail in the following sections, are: 1. Application Conference and Neighborhood Meeting. Preliminary discussions. 2. General Concept Plan Application. Consideration of overall concept and plan. The concept plan review is voluntary but strongly recommended. 3. Development Stage Plan Application. One or more detailed Plans as part of the whole final plan. 4. Final Plan Application. The summary of the entire concept and each Development Stage Plan in an integrated complete and final plan. (b) Application Conference. Prior to filing of an application for PUD, the applicant for the proposed PUD shall arrange for and attend a conference with the Community Development Department. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference shall be to provide the applicant 2-39 with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this Ordinance before incurring substantial expense in the preparation of plans, surveys and other data. Neighborhood Meeting. The City strongly recommends the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to submitting a formal concept application. (c) The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an application form together with a fee as established by City Council resolution. The request for planned unit development shall be placed on the agendas of the Park Board, Environmental Board, and Planning and Zoning Board according to the City's deadline and meeting schedule. (d) Planned unit develop/rezoning application shall be posted and advertised in accordance with § 1007.015 of this Ordinance. (e) Planned unit development/conditional use permit applications shall be posted and advertised in accordance with § 1007.016 (2) of this Ordinance. (0 (g) Public hearings shall be held at the PUD development stage. General Concept Plan Application. 1. Purpose. The General Concept Plan provides an opportunity for the applicant to submit an application and plan to the City showing his basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. The following elements of the proposed General Concept Plan represent the immediately significant elements which the City shall review and for which a decision shall be rendered: a. Overall Maximum PUD Density Range. b. General Location of Major Streets and Pedestrian Ways. c. General Location and Extent of Public and Common Open Space. d. General Location of Residential and Non -Residential Land Uses with Approximate Type and Intensities of Development. e. A Staging and Time Schedule of Development. f. Other Special Criteria for Development. 2. General Concept Plan Submission Information. 2-40 a. General Information. i. Owner. The landowner's name, address and telephone number and his interest in the subject property. ii. Applicant. The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the City, who may speak for the applicant. iii. Consultants. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor. iv. Title of Applicant. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. b. Present Status of Premises and Adjacent Properties. i. Description. The address and legal description of the subject property. A survey is required. ii. Zoning. The existing zoning classification and present use of the subject property and all lands within five hundred (500) feet of the subject property. iii. Map. A single reproducible map or aerial photograph at a scale of not less than one (1) inch equals one hundred (100) feet, depicting the existing development of the subject property and all land within five hundred (500) feet thereof and showing the precise location of existing streets. c. Narrative Description. A written statement generally describing the proposed PUD and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. d. Site Conditions: Where deemed necessary by the City, graphic reproductions of the existing site conditions at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted and shall contain the following: i. Survey showing lot dimensions and existing easements and utilities. ii. Contours - minimum two (2) foot intervals. iii. Location, type, and extent of tree cover. 2-41 iv. Slope analysis. v. Location and extent of water bodies, wetlands, and streams and flood plains within three hundred (300) feet of the subject property. vi. Existing drainage patterns. vii. Vistas and significant views. viii. Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference. e. Concept Drawing. Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses. f. Number of Units. A statement of the estimated total number of dwelling and/or other units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following: i. Area devoted to residential uses. ii. Area devoted to residential use by building or structure or use type. iii. Area devoted to common open space. iv. Area devoted to public open space. v. Approximate area devoted to streets. vi. Approximate area, and potential floor area, devoted to commercial uses. vii. Approximate area, and potential floor area, devoted to industrial or office uses. g. Staged Development. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. 2-42 L h. Common Areas. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted during the development stage. i. Covenants. General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. j. Market Feasibility. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the City. 3. General Concept Plan Process. The Community Development Department shall forward the concept plan submission to the City's advisory boards and City Council for their consideration at regularly scheduled meetings to solicit informal review and comment on the project's acceptability in relation to the City's Comprehensive Plan and development regulations. Such meetings should be attended by the applicant. (h) Development Stage Plan Application 1. Purpose. The purpose of the Development Stage Plan is to provide one (1) or more specific and particular plans upon which the Planning and Zoning Board will base its recommendation to the City Council and with which substantial compliance is necessary for the preparation of the Final Plan. 2. Submission of Development Stage. Following review of the General Concept Plan, the applicant shall file with the Community Development Department a Development Stage Plan application including the information and submissions required by § 1007.024 (6)(h)5. for the entire PUD. The Development Stage Plan shall refine the General Concept Plan. 3. Review and Action by City Staff and Planning and Zoning Board. Immediately upon receipt of a completed Development Stage Plan, the Community Development Director shall refer such plan to the appropriate City staff, citizen boards, and other special review agencies such as the Rice Creek Watershed District, Department of Natural Resources, or Environmental Quality Board where applicable. 4. Development Stage Plan Review Criteria. The evaluation of the proposed Development Stage Plan shall include but not be limited to the following criteria: a. Individual Rights. Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep. 2-43 b. Traffic Plan. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. c. Open Space. A sufficient amount of useable open space is provided. d. Compatibility. The architectural design of the project is compatible with the surrounding area. e. Drainage. The drainage and utility system plans are submitted to the City Engineer and the final drainage and utility plans shall be subject to their approval. f. Schedule. The development schedule insures a logical development of the site which will protect the public interest and conserve land. g. Platting Requirements. The development is in compliance with the requirements of the Lino Lakes Subdivision Ordinance. h. District Requirements. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. 5. Development Stage Submission Information. Development stage submissions should depict and outline the proposed implementation of the General Concept Stage for the PUD. Information from the General Concept Stage may be included for background and to provide a basis for the submitted plan. The Development Stage submissions shall include but not be limited to: a. Zoning Required. Zoning classification required for Development Stage submission and any other public decisions necessary for implementation of the proposed plan. b. Preliminary Plat. Informational requirements of the Subdivision Ordinance plus the following: i. Buildings. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, and existing buildings which will remain, if any. ii. Traffic Circulation. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. iii. Common Areas. Location, designation and total area of all common open space. iv. Public Open Space. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. 2-44 v. Locate Existing Structures. The location, use and size of structures and other land uses on adjacent properties. vi. Other Data. Any other information that may have been required by the Planning and Zoning Board in conjunction with the approval of the General Concept Plan. vii. Legal Description. An accurate legal description of the entire area within the PUD for which final development plan approval is sought, correlated to the legal description defining use districts in this Ordinance. c. Areas of Use. A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket). d. Architectural Plans. Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings and architectural guidelines for future development phases. e. Landscape Plan. A detailed landscaping plan including the type, size and quantity of all existing and proposed plantings. f. Grading and Drainage Plan. Preliminary grading and drainage plan illustrating changes to existing topography and natural site vegetation. The Plan should clearly reflect the site treatment and its conformance with the approved concept plan. g. Erosion Control. A Soil Erosion Control Plan acceptable to watershed district and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. h. Document Changes. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data. i. Additional Data. Such other and further information as the Planning and Zoning Board, Community Development Director or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. 6. The terms of the PUD as approved by the City Council shall be embodied in a PUD Agreement, Development Contract, and such other documents as the City shall deem necessary or desirable. The PUD Agreement and any appropriate resolution of the City Council shall be filed with the Anoka County Recorder at the expense of the applicant. At the election of the City, filing of the Development Stage PUD may be delayed until the final plan is filed. Where the Development Stage Plan is denied approval, Council action shall be by written resolution setting forth its findings and conclusions in support of its action. 2-45 7. Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion extend for six month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. The City Council may approve such an extension after the deadline date passes. In any case where Development Plan approval expires and no extension has been approved, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re-establishing the zoning and other Code provisions that would otherwise be applicable. (i) Final Plan Application. 1. Purpose. The Final Plan is to serve as a complete, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in regulationapplicable with other provisions of the City Code as the land use to the PUD. 2. Submission of Final Plan. Upon approval of the Development Stage Plan, and within the time established herein the applicant shall file with the Zoning Administrator an application and Final Plan consisting of the information and submissions required by this Code for the entire PUD or for one (1) or more stages. The Final Plan shall conform to the Development Stage Plan in all respects, and shall be integrated as a coherent statement of the entire Plan. Appropriate cross-referencing and incorporation of recorded documents may be utilized. 3. Final Plan Submission Information. After review of a General Concept Plan for the PUD and approval of a Development Stage Plan for a section or sections of the proposed PUD, the applicant will submit the following material for review by the City staff prior to issuance of a building permit: a. Recording Proof Documents establishing the recording of any easement or other documents required by the City prior to the sale of any land or dwelling unit included in the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. b. Final Plans, Structures. Final architectural working drawings at all structures. c. Final Engineering Plans. Final engineering plans and specifications for streets, drainage, utilities and other public improvements, together with a development contract providing for the installation of such improvements and financial guarantees for the completion of such improvements. 2-46 d. Other Plans. Any other plans, agreements, or specifications necessary for the City staff to review the proposed construction. All work shall be in conformance with the Building Code of the City. e. Recording of Final Plan. Within sixty (60) days of its approval, the applicant, or at its election, the City, shall cause the Final Plan, or such portions thereof as are appropriate, to be recorded with the County Recorder or Registrar of Titles, at the expense of the applicant. Certified copies of all relevant recorded documents shall be furnished to the City. f. Building and Other Permits. Except as otherwise expressly provided herein, upon receiving notice from the Community Development Director that the approved Final Plan and development agreement have been recorded, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan or intermediate Development Stage Plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that all requirements which are applicable to the permit sought, have been satisfied. g. Limitation on Final Plan Approval. Within one (1) year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted and hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the Zoning Code, and other Code provisions, applicable in the district in which it is located. In such case, the Council shall adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other provisions that would otherwise be applicable. THIS PAGE INTENTIONALLY LEFT BLANK 1-48 GENERAL PROVISIONS § 1007.040 PURPOSE. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. § 1007.041 NON -CONFORMING USES AND STRUCTURES. (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. (2) Provisions. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain 3-1 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. 3-2 § 1007.042 GENERAL PARCEL, LOT AND YARD PROVISIONS. (1) Lot of Record. Any lot of record existing at the effective date of this Ordinance may be used for the erection of a structure if it conforms with the use regulations of the district in which it is located provided it: (a) Satisfies all other appropriate provisions of this Ordinance. (b) Has frontage on a full width public right-of-way, and an improved street which has been accepted for maintenance by the City of Lino Lakes. (c) Any substandard sewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance, provided its area, width, and depth meet seventy (70) percent of the minimum requirements of the zoning district and all required setbacks can be adhered to. (d) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance provided that: 1. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this Ordinance. 2. It can be demonstrated that the lot can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with MN Stat. 7080 and other applicable requirements. 3. The lot has direct frontage on an improved public street which has been accepted for maintenance by the City of Lino Lakes. 4. All building and site improvements adhere to all required setbacks. (2) Unsewered Lots. (a) Except as provided for in § 1007.042 (1)(d), and § 1007.042 (2)(b) of this Ordinance, the minimum unsewered lot size within any zoning district is ten (10) acres. (b) Where the following conditions exist, a lot of a minimum of one acre may be created, provided that: 1. A habitable single family home has been constructed prior to July 13, 1992; or 3-3 2. There exists a habitable single family home constructed after July 13, 1992, and the creation of a new lot is needed to provide security to a third party lending institution for owner financing of the existing habitable single family home. home, and The following conditions shall apply to any lot created hereunder: 3. The new lot that has a minimum area of one acre contains an existing habitable 4. The balance of the property is ten (10) acres or more, and 5. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land, not including road right of way, electrical transmission line easements or pipeline easements, and 6. Both the one -acre -minimum lot and lots made from the remaining land must meet all minimum lot requirements and provide for meeting setback and other structure requirements, and 7. It can be demonstrated that all unsewered lots can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with Minn. Stat. 7080 and other applicable requirements. 8. For lots created under (b)2. herein, the applicant making a request for a lot split based upon requirements of a lending institution shall provide written verification from the lender of such requirements at the time the application is filed. 9. For lots created under (b)2. herein, the property owner shall record with the Anoka County recorder a covenant that prohibits the transfer of any lots created under this section unless the same is combined into one parcel with the balance of the owner's property from which it was split or in accordance with the provisions of § 1007.042 (2)(a). This requirement shall not apply to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure. (c) Two family dwellings and multiple family dwellings are not allowable uses upon unsewered lots. (d) All subdivisions in areas without public sanitary sewer shall be designed such that the larger non-sewered lots can be resubdivided to provide smaller sewered lots when sewer becomes available in the future. Homes and accessory buildings shall be located on these lots so as to allow for future resubdivisions. (3) Minimum Lot Area Requirements. 3-4 (a) Minimum Lot Area Per Unit. The lot area per unit requirement for single family, two family, and multiple family residential dwellings shall conform to the applicable zoning district provisions in which the dwelling is located. (b) Buildable Area. 1. Within zoning districts with a minimum lot size requirement of less than ten (10) acres, the required minimum lot area shall be buildable land, as defined by this ordinance and exclusive of utility transmission easements. 2. Within zoning districts with a minimum lot size requirement of ten (10) acres or more, a minimum of twenty (20) percent of the lot area must be contiguous buildable land, as defined by this ordinance. (4) Building Placement and Multiple Structures. (a) Street Obstructions. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. (b) Principal Buildings. Except in an approved planned unit development that specifically allows it, as provided for in § 1007.024 of this Ordinance, not more than one (1) l principal building shall be located on a lot. The words "principal building" shall be given their �✓ common, ordinary meaning as defined in § 1007.001 this Ordinance. (5) Yards, and Setbacks. (a) Setbacks. 1. No setback, yard or other open space shall be reduced in area or dimension so as to make such setback, yard or other open space less than the minimum required by this Ordinance, and if the existing setback, yard or other open space as existing is less than the minimum required, it shall not be further reduced. 2. Front Setbacks. Where principal buildings on adjoining lots existed at the time of adoption of this Ordinance have a lesser setback from that required, the required front yard setback of a new structure shall not be less than the average front yard of the adjacent buildings on each side lot for four hundred (400) feet and in no case shall be less than twenty (20) feet. 3. Corner Lots. On corner lots, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2-1/2) and ten (10) feet above the centerline grades of the intersecting streets within fifteen (15) feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within fifteen (15) feet of any intersecting street right-of-way lines. 3-5 (b) Permitted Yard Encroachments. The following shall not be considered as encroachments on setback requirements subject to other conditions provided herein: 1. All Yards. a. Flag poles, sidewalks, wheelchair ramps, name plate signs, trees, shrubs, plants, yard lights, mailboxes, floodlights, or other sources of light illuminating authorized illuminated signs, or light standards for illuminating yards for safety and security reasons, provided the direct source of light complies with § 1007.043 (6) of this Ordinance. These uses may be permitted in any yard provided they are not located in any easement. b. Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure, provided they do not project more than three (3) feet into a required setback. c. Uncovered porches, decks, balconies, stoops, or similar features provided: i. The decking shall not extend above the height of the floor of the ground floor level of the principal structure though railings may be higher, and ii. They shall not extend to a distance less than five (5) feet from any side or rear lot line, and iii. They shall not extend to a distance less than twenty (20) feet of any lot line abutting a street, and iv. They shall not extend to a distance less than one (1) foot from any existing or proposed access drive, and v. No encroachment shall be permitted in existing or required drainage and utility easements. d. In rear yards, laundry drying equipment, recreational equipment (non- vehicular), trellises, open arbors, detached outdoor living rooms not to exceed five hundred (500) square feet provided they maintain a five (5) foot setback from the side and rear lot lines. e. Air conditioning or heating equipment, provided they are at a distance of five (5) feet from any rear lot line and ten (10) feet from any side lot line. No encroachment shall be permitted in existing or required drainage and utility easements. (c) Zero Lot Line Subdivision. 3-6 L., 1. Townhomes and Apartments. If existing townhouses or apartment units not on separate unit lots are to be subdivided on an individual unit or condominium basis for owner occupancy, it shall require a planned unit development according to the provisions of § 1007.024 of this Ordinance. 2. Subdivision of Two Family or Quadraminium Lots. The subdivision of base lots containing two family dwellings or quadraminiums to permit individual private ownership of a single dwelling within such a structure is acceptable subject to City Council approval. Approval is further contingent upon the following requirements: a. Prior to a two family dwelling or a quadraminium subdivision, the base lot must meet all the requirements of the zoning district. b. There shall be no more than one (1) principal structure on a base lot in all residential districts. The principal structure on a unit lot created in a two family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted base lots. c. Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements. d. A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his review and subject to approval. The agreement shall ensure the maintenance and upkeep of the structure including but not limited to siding, roofing (type and color), fencing, driveways, maintenance, etc. and the lots to meet minimum City standards. The agreement is to be filed with the Anoka County Recorder's office as a deed restriction against the title of each unit lot. e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. f. The subdivision is to be platted and recorded in conformance to requirements of the Lino Lakes Subdivision Ordinance. 3. Subdivision of Commercial and Industrial Lots. The subdivision of base lots into two (2) or more commercial or industrial unit lots to permit individual private ownership of a portion of a single commercial or industrial structure is acceptable subject to the approval of a planned unit development. A property management and maintenance agreement shall be required as regulated by § 1007.024 of this Ordinance. 3-7 THIS PAGE INTENTIONALLY LEFT BLANK 3-8 § 1007.043 GENERAL BUILDING AND USE PROVISIONS. (1) Dwelling Unit Restriction. No cellar, garage, tent, travel trailer, motor home, basement with unfinished structure above, or accessory building shall at any time be used as a dwelling unit. (2) Building Type and Construction. (a) Single Family Dwellings. All single family detached dwellings in the R, R -X, R-1, R -1X, R -EC, and R-2 Districts shall meet the following design criteria: 1. All structures shall have permanent concrete or treated wood foundations which will anchor the structure, which comply with the State Building Code as adopted in the State of Minnesota and which are solid for the complete circumference of the house. 2. Sixty (60) percent of a residential structure shall have a minimum width or depth of twenty (20) feet. Width measurement shall not take into account overhangs or other projections. Such width requirement shall be in addition to the minimum area per dwelling requirements established within this Ordinance. 3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof. 4. All single family structures must be built in conformance with Minnesota Statute 327.31 to 327.35 of the State Building Code as adopted in the State of Minnesota. 5. The exterior walls of all single family residences shall be similar in appearance to normal wood or masonry residential construction. Any metal siding upon single family residence structures shall have a vertical dimension no greater than twelve (12) inches. Sheet metal siding shall not be permitted in such districts. (b) Two Family and Townhome Design and Construction Standards. 1. Unit Width. The minimum width of a two family or townhome dwelling unit shall be twenty-four (24) feet. Minimum floor area per unit shall be established within the zoning district. 2. Unit Construction. a. Building elevations and floor plans shall be furnished illustrating exterior building materials and colors to demonstrate compliance with § 1007.043 (2)(b)2.d. of this Ordinance. Building floor plans shall identify the interior storage space within each unit. b. Decks or Porches. Provision shall be made for possible decks, porches, or additions as part of the initial dwelling unit building plans. 3-9 c. Minimum Overhang: In case of gable roof. a minimum eighteen (18) inch roof overhang, soffit shall be required for all dwelling unit building plans. d. Exterior Building Finish: The exterior of townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhome dwelling structures shall comply with the following requirements: i. A minimum of twenty-five (25) percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. ii. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than seventy-five (75) percent of one type of exterior finish. iii. For the purpose of this section, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas. 3. Storm Shelter. In cases where dwelling units are constructed slab on -grade, provisions shall be made to provide for storm protection either internally to the unit or in a separate storm shelter structure. Compliance with this requirement shall be based upon Federal Emergency Management Agency (FEMA) guidelines and standards which are on file with the City Building Official. 4. Outside Storage. Outside storage shall be allowed only in designated areas which are screened in accordance with § 1007.043 (17) of this Ordinance and under the ownership of the property owners' association subject to other applicable provisions of this Ordinance. 5. Garages. a. Each dwelling unit shall include, at a minimum, a double garage. b. Garages shall comply with the following minimum size standards: c. Dwellings With Basements. Four hundred forty (440) square feet. d. Dwellings Without Basements. Five hundred forty (540) square feet. e. Garages shall be a minimum of twenty (20) feet in width. 6. utilities. 3-10 a. Public Utility Service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. b. Sewer Connection. Where more than one (1) unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owners' association or owners. 7. Homeowners' Association. A homeowners' association shall be established for all quadraminium, three and four plex multiple family and townhome developments subject to review and approval of the City Attorney. The homeowners' association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one (1) individual property owner having interest within the development. (c) Multiple Family Apartments Construction Standards: 1. The exterior of multiple family dwelling structures shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple family dwelling structures shall comply with the following requirements: a. A minimum of thirty-three (33) percent of the combined area of all building exterior walls of a structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone. b. For the purposes of this section, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (d) Commercial, Industrial, and Institutional. All buildings erected on land within commercial, industrial and public and semi-public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: 1. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to § 1007.043 (2) of this Ordinance. 2. Exterior wall surfaces may be a combination of materials including brick, stucco, EFIS (exterior finish insulation system), textured, colored or decoratively finished pre -cast or poured -in-place concrete panel, textured concrete masonry units, natural stone, manufactured stone, transparent, tinted or low -reflective glass, or decorative metal cladding. 3. Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front building elevation, and no more than sixty (60) percent of any side or rear building elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane. 3-11 4. Decorative metal cladding refers to decorative, metal cladding systems such as copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the primary wall system. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system, or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited. 5. Buildings shall have a well-defined base, middle and top. The base should appear visually distinct from the middle and top part (cornice) of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band, an awning, or similar techniques. 6. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. 7. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. 8. All mechanical equipment, such as air handling units located anywhere on the property, including rooftop equipment, shall be screened from view from adjacent streets, public rights of way, and adjacent properties. 9. Where a site abuts a residential property, the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property. (e) Quasi -Public Structures. 1. No quasi -public structure shall be located within the public right-of-way except as approved by the City Council. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, signs and others. 2. Public and quasi -public utility poles and underground services may be permitted within public right-of-way provided that: modification. a. A permanent identification tag or marking is affixed to each structure. b. The City is notified as to the location and date of placement of the structure. c. The City is notified of any change of structure ownership, removal or 3-12 -fts L.„ L., L., d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed. (f) Completion of Exterior Improvements. 1. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City -approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. 2. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve (12) units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with City -approved construction plans within one (1) year after the date the City issued the building permit. 3. In all cases, the compliance deadline shall be upheld unless: a. The process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs 1. and 2. above; or b. A written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. 4. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs 1. and 2. above (Ordinance No. 01-08), the time period for the limits begins with the effective date of the amendment establishing the time limits. (3) Height. (a) Exceptions. The building height limits established herein for districts shall not apply to the following: 1. Farm structures. 2. Church spires not exceeding 60 feet in height. 3. Belfries not exceeding 60 feet in height. 4. Cupolas not exceeding 60 feet in height. 5. Windmills. 3-13 AMIN 6. Solar energy devices. 7. Chimneys and smokestacks. 8. Flag poles mounted on a building. 9. Non-commercial television and radio antennae, and satellite dishes. 10. Parapet walls extending not more than four (4) feet above the limiting height of the building. 11. Elevator penthouses. 12. Cooling towers/water towers. 13. Lighting structures for public outdoor recreational fields not exceeding eighty (80) feet in height. 14. Lighting structures for public hockey rinks not exceeding sixty (60) feet in height. (b) Conditional Use Permit. Building heights in excess of those standards contained in the district provisions and any other sections of this Chapter may be allowed through a conditional use permit, provided that: 1. Demonstrated need is established for the increase in height and said increase will not violate the intent and character of the zoning district in which the structure is located. 2. The site is capable of accommodating the increased structure size. 3. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. 4. Public utilities and services are adequate. 5. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by ten (10) percent. 6. The construction does not limit solar access to abutting and/or neighboring properties. A shadow study shall be required illustrating shadow encroachment on adjoining properties. 3-14 7. The provisions of § 1007.016 of this Ordinance are considered and satisfactorily met. (c) Obstructions. In the case of any proposal to construct or alter a structure which will exceed a height of two hundred (200) feet above ground level of the site, or any proposal to construct or alter a structure to a height of greater than an imaginary surface extending upward and outward at a slope of one hundred to one (100:1) from the nearest point of the nearest runway of a public airport, the applicant shall notify the Commissioner of the Minnesota Department of Transportation in writing of the plans at least thirty (30) days in advance of making applicable permit requests to the City. The applicant shall provide the Zoning Administrator with any comments received from the Commission of the Minnesota Department of Transportation as part of the required applicable permit request. This local reporting is in addition to any Federal permitting and review processing which may be simultaneously required. (4) Accessory Buildings and Structures. (a) General Provisions. 1. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except in the case of agricultural buildings on agriculture land as defined by State Statute 273.13, Section 23, as amended. 2. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. 3. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R -X, and R -BR Zoning Districts, provided the accessory building is set back at least one hundred (100) feet from the street right- of-way. 4. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property. 5. Accessory structures may be constructed within public and private utility and drainage easements provided that: a. No accessory structure shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. b. No footings or foundation shall be placed within the easement. 3-15 c. The entire structure, including any base material, must be designed to be easily moved if deemed necessary by the city. d. Removal of an accessory structure or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. 6. In Rural and Residential districts, Gazebos that are attached to the dwelling by a raised deck, porch, or patio shall not be counted towards the maximum area or number of accessory structures allowed on a site, so long as the sides of the gazebo remain at least 50%, though the open areas may be covered with screens. 7. In Rural and Residential districts, Fabric structures are considered an accessory structure and are therefore counted towards the maximum area and number of accessory structures allowed on a site. (b) Sport Courts. In all Rural and Residential districts, the following standards shall apply to outdoor sport courts, whether temporary or permanent: 1. A building permit shall be required for all private residential sport courts. 2. An application for a building permit or a conditional use permit shall include a site plan showing the following along with all required information: a. The size, shape, pavement and sub -pavement materials. b. The location of the court. c. The location of the house, garage, fencing, septic systems and any other structural improvements on the lot. d. The location of structures on all adjacent lots. e. A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court. f. Landscaping and turf protection around the court. g. Location of existing and proposed wiring and lighting facilities. 3. Sport courts shall not be located closer than ten (10) feet to any side and rear lot line. Sport courts shall not be located within any required front yard or side yard abutting a street. 3-16 4. Sport courts shall not be located over under -ground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage or other easement. 5. Solid sport court practice walls shall not exceed ten (10) feet in height. A building permit shall be required for said walls. Said walls shall be set back a minimum of thirty (30) feet from any lot line. 6. Chain link fencing surrounding the sport court may extend up to twelve (12) feet in height above the sport court surface elevation. 7. Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. Lighting shall meet the requirements of § 1007.043 (6). (c) Swimming Pools. 1. Single Family and Two Family Dwellings. The following shall apply to all swimming pools which are intended for use accessory to single-family and two-family dwellings: a. A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons and with a depth potential of thirty (30") inches. b. An application for a building permit shall include a site plan showing the type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit, pump and wiring indicating the type of such units, location of back-flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees, similar features, and location of any water heating unit. c. Pools shall not be located within ten (10) feet of any septic tank and twenty (20) feet from drain field nor within six (6) feet of any principal structure or frost footing. Pools shall not be located in front of the principal building or within any accessory structure setback. d. The filter unit, pump heating unit and any noise -making mechanical equipment shall be located not closer than twenty (20) feet to any lot line. e. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type. f. Pools shall not be located within any private or public utility, walkway, drainage or other easement. g. In the case of in ground pools, the necessary precautions shall be taken during the construction to: 3-17 i. Avoid damage, hazards or inconvenience to adjacent or nearby property. ii. Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property. h. All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. i. Lighting for the pool shall be directed toward the pool and not toward adjacent property. j. A structure at least four (4) feet in height shall completely enclose the pool. This structure can be safety fencing of a non -climbable type. Pool walls that are at least four (4) feet in height above finished grade fulfill this requirement. k. Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type. Such water shall be subject to periodic inspection by the local health officer. I. All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections. m. Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures. n. All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. i. If fences are employed, they shall be at least four (4) feet in height. The bottoms of the fences shall not be more than four (4) inches from the ground. Fences shall be of a non -corrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self -latching devices placed at a sufficient height so as to be inaccessible to all small children. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the City Building Inspector. ii. When an above -ground pool has vertical or outward inclined side walls that are at least four (4) feet above finished grade, these fencing requirements do not apply. However, if no fencing is constructed, the ladder must be removable or there must be a lockable access to the ladder. 3-18 Lel o. Required structure or safety fencing shall be completely installed within three L., (3) weeks following the installation of the pool and before any water is allowed in the pool. p. Back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer, if available. q. Drainage of pools directly into public streets or other public drainageways shall require written permission of the Zoning Administrator. 2. Multiple -Family, Commercial and Public Developments. For private swimming pools which are intended for and used by the occupants of a multiple -family dwelling and the guests of the occupants, or for private and public clubs and organizations, the following regulations shall be met in addition to those listed for single and two family dwellings provided in §1007.043 (4)(c)1. above: a. No part of the water surface of the swimming pool shall be less than fifty (50) feet from any lot line. b. No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than fifty (50) feet from any lot line. c. The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be placed between the pool area and adjacent lot lines. d. All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least thirty (30) feet from any lot line. e. To the extent possible, back-flush water or water from pool drainage shall be directed onto the owner's property. (d) Houseboats. Houseboats are considered accessory structures for purpose of applying this Ordinance and shall comply with the following standards: 1. Any object that floats which has sleeping accommodations and facilities for preparing food shall be defined as a houseboat. 2. All houseboats which are to be docked or moored within the City limits for a period of six (6) days or more shall require an annual permit. Said permit shall identify the owner, owner's address, boat license number, whether the boat is to be used as a seasonal residence and, if so, for what period of time during the year, type of sanitary sewage facility, water supply, and plot plan showing method of access to public road. 3. Each houseboat shall have one (1) off-street parking space within four hundred (400) feet of the access to the docking of such houseboat. 3-19 4. No houseboat shall be used as a permanent residence and further, that utilities including sanitary sewer, water, electricity, and phone shall not be extended to the houseboat. (e) Ice Fishing Houses. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory building. All ice fishing houses stored on site shall be licensed in accordance with State law. (f) Docks and Boat Launches. Private docks and boat launches may be stored upon riparian lots provided such structures lie upon the same lot as the principal structure to which they serve. (g) Roadside Stands. Seasonal, temporary roadside stands for the sale of agricultural products shall be permitted if: use; and 1. They are located in a zoning district which makes a specific allowance for such 2. They are located upon the lot on which the produce is grown. 3. They are erected at least sixty (60) feet back from the nearest edge of the roadway surface; and 4. Adequate parking space is provided off the road right-of-way and safe vehicular access and movements are assured. (h) Domestic Animal Shelters. Structures dedicated to the housing of domestic animals are considered accessory structures for the purpose of applying this Chapter and shall comply with the following standards: 1. The keeping of animals is allowed in accordance with the provisions of Chapter 503. 2. If all Animal Shelters on a property do not exceed a total of 64 square feet in area, then they shall not be counted towards the maximum number and size of accessory buildings. 3. Animal shelters are limited to a maximum of 60 inches in overall height. If a shelter exceeds 60 inches in height, it is not allowed the exception to accessory building number and size in paragraph 2. (i) Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an 3-20 individual parcel according to lot size and residential district. For the purposes of this section, lot size for metes and bounds properties shall include roadway easements. 1. Twenty (20) Acres or Greater. (R, R -X, R -BR, R-1, R -1X, R -EC, and PSP Districts) a. No maximum combination of accessory building(s) and garage(s) size requirement. b. Metal buildings and pole barns acceptable. c. Fabric or vinyl canopy structures acceptable. d. No maximum height requirement. e. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation, whichever is greater. 2. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R-1, R -1X, R -EC, and PSP Districts) greater of: a. The combination of accessory building(s) and garage(s) shall not exceed the i. Ten thousand (10,000) square feet, or ii. 1.85% of the lot area, not to exceed fifteen thousand (15,000) square feet. b. Total allowable accessory building space shall be limited to the following: i. One (1) attached garage and ii. Three (3) detached accessory structures. c. Metal buildings and pole barns acceptable. d. Fabric or vinyl canopy structures acceptable. e. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation, whichever is greater. Districts) f. Building height shall not exceed base district requirement. 3. Five (5) to Less than Ten (10) Acres. (R, R -X, R-1, R -1X, R -EC, and PSP 3-21 greater of: a. The combination of accessory buildings and garages shall not exceed the i. Five thousand (5,000) square feet, or ii. 2.21% of the lot area, not to exceed ten thousand (10,000) square feet. b. Total allowable accessory building space shall be limited to the following: i. One (1) attached garage and ii. Three (3) detached accessory structures. c. Metal buildings and pole barns acceptable. d. Fabric or vinyl canopy structures acceptable. e. One (1) attached garage not to exceed one thousand two hundred (1.200) square feet or equal to the size of the house foundation, whichever is greater. f. Building height shall not exceed base district requirement. 4. Less than Five Acres_ (R, R -X, R-1, R-1 X, R -EC, R-2, R-3, R-4, R-6, R-7, and PSP Districts) greater of: a. The combination of accessory buildings and garages shall not exceed the i. One thousand two hundred (1,200) square feet, or ii. 3.75% of the lot area, not to exceed five thousand (5,000) square feet. b. Total allowable accessory building space shall be limited to the following: i. One (1) attached garage and one (1) detached structure, or ii. Two (2) detached accessory structures. c. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. d. Twenty (20) foot maximum height. 3-22 Le e. No metal sheet/panel siding with vertical orientation except upon tool sheds L k less than one hundred fifty (150) square feet in area. Metal horizontal lap siding is acceptable. f. Fabric or vinyl canopy structures acceptable. g. Roof and exterior color and material compatible with home (except manufactured tool shed). h. Lots that have shared ownership/membership in the Lino Airpark may have a three thousand two hundred (3,200) square foot accessory building as an airplane hangar provided that: i. The hangar be earth tone in color. ii. The hangar conform to Building Code standards for hangar use. iii. The hangar location has direct taxiway access to the Lino Airpark runway. (j) Commercial and Industrial Zoning Districts. The following establishes the maximum number, size. and height of accessory buildings allowed in the commercial and industrial zoning districts: 1. Only one (1) accessory building shall be allowed not to exceed four hundred (400) square feet except when intended for storage of buses. 2. Building setbacks shall not exceed base district requirement. 3. Building height shall be limited to twelve (12) feet maximum except when intended for storage of buses per § 1007.043 (2)(b)2. of this Ordinance. 4. Metal buildings and pole barns are prohibited. 5. Roof and exterior color and material shall be compatible with the principal structure. 6. Accessory buildings on commercial/industrial sites shall be limited to typical accessory storage uses, no auxiliary commercial/ industrial use shall be allowed within an accessory storage building. 7. Site and building plan review shall not be required for accessory building construction as an accessory building that meets the requirements listed herein shall be considered a minor project for the purposes of § 1007.019 (1) of this Ordinance. 8. Accessory buildings shall not be located within an easement. 3-23 9. If the principal building is expanded to cover more of the lot. the accessory building shall be removed if the intended need no longer exists. 10. Building permits shall be required as regulated by the State Building Code. (5) Refuse and Recyclable Material. (a) Removal. Passenger automobiles and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of thirty (30) days, and all materials stored outside in violation of City Code provisions are considered refuse or junk and shall be disposed of within thirty (30) days of notification by the City. (b) Location and Screening. 1. Dwelling Units, Single Family, Duplexes, and All Other Residential Structures With Four (4) or Less Units. Garbage cans, waste containers and recycling bins shall be kept in rear or side yards. 2. Commercial, Industrial, Institutional, Residential With More Than Four (4) Units. a. All refuse, recyclable materials, and necessary handling equipment including but not limited to garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or totally screened from eye level view from all neighboring uses and the public right-of-way. b. Exterior Storage. Exterior storage of refuse and recyclable material shall require the following: i. Exterior wall or fence treatment shall be similar and/or complement the principal building. ii. The enclosed trash and/or recycling receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements. iii. The trash and/or recycling enclosure must be in an accessible location for pick up hauling vehicles. iv. The trash and/or recycling receptacles must be fully screened from view of adjacent properties and the public right-of-way by a fence or wall of at least six (6) feet in height and a minimum opaqueness of eighty (80) percent. 3-24 v. All dumpsters, recycling bins, handling equipment, and enclosures shall be approved by the Zoning Administrator and be kept in a good state of repair with lids designed to prevent spilling and spread of debris and access by animals. The construction of trash and recycling enclosures shall be per standards established by the Community Development Department. All designs and construction of trash enclosures shall be subject to the Building Official's approval. (6) Outdoor Lighting. (a) Purpose. It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night time safety, utility, security and productivity. (b) Exemptions. The provisions of this section shall not apply to the following: 1. This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons. 2. This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions. 3. Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures. 4. Emergency lighting by police, fire, and rescue authorities. (c) Non -Conforming Uses. 1. Existing Fixtures. All outdoor lighting fixtures existing and legally installed prior to the effective date of this Ordinance are exempt from regulations of this section but shall comply with the Ordinance requirements for glare as follows: a. Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky -reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right- of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the right-of-way line of said street. Any light or combination of lights which cast light on residential property shall not exceed four -tenths (0.4) foot candles (meter reading) as measured from said property. 3-25 2. New Fixtures. Whenever a light fixture that was existing on the effective date of this Ordinance is replaced by a new outdoor light fixture, the provisions of this section shall be complied with. (d) Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle (meter reading) as measured from the right-of-way line of said street nor shall any light source or combination thereof which cast light on adjacent residential property exceed four -tenths (0.4) foot candles (meter reading) as measured at the property line per the method outlined in § 1007.043 (6)(e) of this Ordinance. (e) Method of Measuring Light Intensity. The foot candle level of a light source shall be taken after dark with the light meter held six (6) inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The different between the two readings will be identified as the light intensity. (f) Performance Standards. 1. Residential/Public/Semi-Public District Standards. In all residential and public, semi-public districts, any lighting used to illuminate a structure, an off-street parking area, or other area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: a. The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined by this Ordinance. b. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a permanent or decorative fixture. 2. Business/Industrial District Standards. Any lighting used to illuminate a structure, an off-street parking area, or other area shall be arranged so as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: a. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety (90) degrees or less. b. Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in § 1007.043 (6)(d) of this Ordinance. c. Architectural/historical light fixtures that feature globes that are not shielded, or lighting of entire facades or architectural features of a building may be approved by the City Council. In no case shall the light affect adjacent property in excess of the maximum intensity defined in § 1007.043 (6)(d) of this Ordinance. 3-26 1/4., L d. The maximum height of the fixture and pole above the ground grade permitted for light sources is thirty (30) feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located, unless allowed by conditional use permit. e. Location. i. The light source of an outdoor light fixture shall be set back a minimum of ten (10) feet from a street right-of-way and five (5) feet from an interior side or rear lot line. ii. No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by administrative permit. f. Hours. i. The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one (1) hour after closing, except for approved security lighting. ii. All illuminated on -premise signs for advertising purposes shall be turned off between 12:00 AM and sunrise except that said signs may be illuminated while the business facility on the premise is open for service. g. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. 3. Outdoor Recreation. Outdoor commercial or public recreational uses such as, but not limited to, baseball fields, football fields, hockey rinks, and tennis courts have special requirements for night time lighting. Due to these unique circumstances, an administrative permit shall be required for commercial and public outdoor recreational use lighting systems which do not comply with the regulations of this section. a. No outdoor recreation facility whether public or private shall be illuminated after 11:00 PM, except for required security lighting. b. Off-street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for business or industrial applications as found in § 1007.043 (6)(f)2. of this Ordinance. c. The provisions for an administrative use permit, §1007.019 of this Ordinance, are considered and satisfactorily met. (g) Submission of Plans. All applications, except single family residential, that include outdoor lighting must include evidence the proposed outdoor lighting will comply with this 3-27 section. The application shall contain the following information, in addition to other required information: 1. Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices. 2. Description of the type of illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices (angle of cutoff). The description shall include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required). 3. Photometric plans illustrating the light emissions, and illumination field of the proposed site lighting. (7) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. (8) Dust and Other Particulated Matter. The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. (9) Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. (10) Noise. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended and City Code. (11) Sewage Disposal. Where allowed, the installation of on-site sewage treatment systems shall be in compliance with the provisions of the State Building Code and applicable State and City codes. (12) Waste Material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system, the sanitary sewer system or any public water body, but shall be disposed of in a manner approved by the Minnesota State Fire Marshal, the Pollution Control Agency, the Department of Natural Resources and the Zoning Administrator. (13) Bulk Storage (Liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal, Minnesota Department of Agricultural Offices, and have documents from those offices stating the use is in compliance. 3-28 (14) Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. (15) Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. (16) Exterior Storage. (a) Rural and Residential Zoning Districts. 1. Exceptions. All personal property in a rural or residential zoning district and/or on properties ten (10) acres in size or less shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: a. Laundry drying. b. Non -vehicular recreational equipment. c. Home heating fuel tanks. d. Stacked firewood. e. Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. f. Agricultural equipment and materials, if these are used or intended for use on the premises. g. Off-street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with § 1007.044 (3)(h)10. of this Ordinance. h. Licensed motor vehicles per §1007.044 (11). i. Refuse and Recyclable Materials per § 1007.043 (5). (b) Commercial, Industrial and Public/Semi-Public Zoning Districts. 1. Exterior Storage. Exterior storage shall be governed by the respective zoning district in which such use is located. 2. Screening. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following: 3-29 a. Merchandise being displayed for sale in accordance with zoning district requirements. b. Materials and equipment currently being used for construction on the premises. 3. Within an industrial zoning district, the exterior storage of semi -trailers accessory to the principal use may be allowed by conditional use permit according to §1007.120 and §1007.121. Semi -trailers connected to semi -tractors queuing for loading or unloading shall be considered truck parking and be exempt from the outdoor storage conditional use permit. (c) All Zoning Districts. 1. Excepting temporary construction trailers and facilities operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City Council, no recreational vehicle may be used for office, business, industrial manufacturing, testing, or storage of items in conjunction with a business, commercial or industrial enterprise. 2. The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare. (17) Required Screening, Landscaping, and Buffer Yards. (a) Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community. 1. Definitions. For the purpose of the Landscaping, Screening and Tree Preservation Standards, the following definitions shall apply: BASIC USE AREA. Area dedicated to site's use, including buildings, parking, loading, driveways, streets, outbuildings, trash enclosures, utilities, landscaping, and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. BIODIVERSITY. The variety, distribution and abundance of living organisms in an ecosystem. DAMAGE_ Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH. Diameter at breast height, typically measured at 4'-6' above the ground. DETENTION AREA. Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. 3-30 DISTURBANCE. Any construction, development, removals, earth movement. clearing or other similar activity. DRIP LINE. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. FOUNDATION LANDSCAPE ZONE_ An area located within 15' of the building INVASIVE SPECIES. A plant non-native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alteration of the natural functions of any native habitat. LARGE SHRUB_ Large shrubs have a mature height over 6'. LARGE TREE. Over story deciduous trees with a mature height of at least 40'. MEDIUM SHRUB. Medium shrubs have a mature height of 3'-6'. MEDIUM TREE. Deciduous trees with a mature height over 18' and up to 39'. REMOVAL. Actual removal or effective removal through actions resulting in the death of a tree. ROOT PROTECTION ZONE. A protected area around an existing tree established by offsetting the drip line 5' away from the tree center. SCREEN. A barrier that hinders sight and, potentially, access. SMALL SHRUB. Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape standards. SMALL TREE. Understory deciduous trees with a mature height of 18' and under. TREE. Any self-supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi -stemmed trunk system with a definitely formed crown. UNDESIRABLE TREE. Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. VEHICULAR HARDSCAPE. Areas covered with hard surface intended for vehicles, including but not limited to off-street loading spaces, parking lots, driveway, drop-offs, and drive through facilities. (b) Landscaping Standards. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping standards unless specifically excepted. The landscape standards have been divided into five categories: Canopy Cover, Foundation Landscape, Open Areas Landscape, Buffer and Screen, and Boulevard Trees. Projects shall comply with the applicable requirements of all five categories. (c) Canopy Cover Standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Canopy cover requirements do not apply to single family residential development, multi -family residential 3-31 development without surface parking other than individual unit driveways and pennitted exterior storage areas in Industrial Districts. 1. The required minimum canopy coverage for all uses is 40%. 2. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. 3. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Assigned Canopy Cover Value Planting Location (for new trees) Interior parking lot islands Within less than 7' of vehicular hardscape edge 7'-12' from vehicular hardscape edge Assigned Canopy Coverage Value 100% of the canopy square footage 50% of the canopy square footage 5% of the canopy square footage Square feet (SF) of canopy coverage assigned to each deciduous tree Large Tree 50 SF (or 1200 SF in islands of 3 or more trees) 600 SF 300 SF Medium Tree 500 SF 250 SF 125 SF Small Tree 250 SF 125 SF NA Existing Tree: 6-12"dbh 1900 SF 950 SF NA Existing Tree: 12+"dbh 2850 SF 1425 SF NA 3-32 L., iarpe nees e: an stand ccmau c 3 mese trees ere peter, addi na Canopy valve. Set ':anew ve age Table. 1r_e. surrounded br harasaoe on 3 s=aes are vaiued ac 100% Canopy. Tr„ With access tc r ant no soil outs+de of the isiand are required to meet soil vo ume reauarements for a snared bed. Trees in interior isianddr are valued at Canopy 4. Existing trees may be used to fulfill canopy coverage, as described in § 1007.043 (17)(h), when the drip line has proximity to the edge of the hardscape; therefore, existing trees do not need to be within less than 7' feet of the vehicular hardscape edge. (d) Foundation Landscape Standards. The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. Foundation Landscaping Standards do not apply to single family residential development. 1. The foundation landscape planting standards are described in the following table: Foundation Landscape Standards 2. Rounded to the nearest tenth, with a minimum factor of one. 3. Round all calculations to the nearest whole number of plants. 4. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the standards difficult to meet. 5. Existing trees may be used to fulfill the Foundation Landscape Standards as described in §1007.043 (17)(h). 3-33 Per 100 linear feet (LF) of Building* Location Trees and Shrubs Front and Public/Private Street 2 large 6 large 2. Rounded to the nearest tenth, with a minimum factor of one. 3. Round all calculations to the nearest whole number of plants. 4. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the standards difficult to meet. 5. Existing trees may be used to fulfill the Foundation Landscape Standards as described in §1007.043 (17)(h). 3-33 6. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medium or 2 Small Trees 1 Large Shrub = 1.5 Medium or 3 Small Shrubs 7. The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge. 8. Trees planted within 30' of the building shall be considered within the foundation landscape zone (e) Open Areas Landscape Standards: The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open Area landscaping standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards. 1. The open areas planting standards are described in the following table: Open Areas Landscape Standards Per 2000 SF* Trees and Shrubs 1 large 3 large *Rounded to the nearest tenth, with a minimum factor of one. 2. Round all calculations to the nearest whole number of plants. 3. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. 4. Existing trees may be used to fulfill Open Areas Landscape Standards as described in §1007.043 (17)(i). 5. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medium or 2 Small Trees 1 Large Shrub = 1.5 Medium or 3 Small Shrubs 6. Areas that are included in a project -specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. (0 Buffer and Screen Standards: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. 3-34 The location of buffers and screens are listed below, while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards. table: 1. Required screen location, height, and materials are described in the following Landscape Screen Location, Height and Materials Location Required Screen Height Required Screen Materials Between a parking lot and public right of way or sidewalk 30 inches • Year round continuous planting screen in accordance with paragraph (02. Or • A combination of berm and year round continuous screen in accordance with paragraph (02. Between residential uses and arterial or collector road 6 feet • Year round continuous planting screen in accordance with6.b. Or • Wall or fence and plantings shall provide shrub cover for 50% of the wall or fence on the exterior side Or • A combination of berm and year round continuous screen in accordance with paragraph (02. Between any development and adjacent, less intense, residential land uses (this includes across a street from residential) but not on the side of a use considered to be the front (as determined by the Zoning Administrator) Between loading/service area and public view Outdoor Storage Yards 8 feet • A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. 3-35 2. All continuous year round planting screens shall require at a minimum a double row of plants with triangulated spacing. See illustration. Planting plans shall include species which are sized to appropriately screen visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3' on center; medium shrubs shall be planted at a maximum interval of 4' on center; and large shrubs shall be planted at a maximum interval of 6' on center unless; otherwise authorized by the City. 3. A wall or fence intended to provide a continuous year round screen shall block visibility completely. 4. hi addition to the shrub cover required in the table above, all screens shall be planted with large trees every 50 LF, medium trees every 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. 5. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the standards. 6. Berms shall be irrigated, have maximum side slopes of 3:1, and have no less than four (4) inches of topsoil. 7. Permanent walls and fences shall be offset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. 8. Approved permanent wall/fence materials shall include wood, metal, masonry, concrete stone, or other prefabricated and/or sustainable materials. Non -decorative concrete block is prohibited for screening walls: rock face block or other decorative material is required for masonry walls. Chain link fences with slats are prohibited for screening walls. 9. Maintenance of the required buffer strip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners association. (g) Boulevard Tree Standards: 1. Boulevard Trees shall be required in all new residential subdivisions. 2. Boulevard trees are required at the rate of one tree per lot frontage for single family and two family lots. Townhome and Multi -family properties shall provide boulevard trees at a rate of 1 tree per 70 linear feet of road frontage where property fronts any public road. 3. Boulevard trees shall be planted within 14 feet of the curb line or as otherwise determined by the City Forester. 3-36 4. Existing trees may be used to fulfill boulevard tree standards at the City's discretion. 5. The City may, at its discretion, purchase and install the required boulevard trees. In such case the City shall collect a standard fee per tree. Said fee shall be established by the City Council and based on the estimated market rate cost to purchase and install trees within the development site. (h) Sod and Ground Cover. All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 1. Seed may be provided in lieu of sod in any of the following cases: a. Where the seed is applied to future expansion areas as shown on the approved plans. b. Where the seed is applied adjacent to natural areas or wetlands. Seed mixture shall be approved by the City. c. For single-family and two-family residential properties, proper erosion control measures shall be implemented and maintained until vegetation is established. Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer. 2. Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. 3. Areas designated as open space or future expansion areas properly planted and maintained with native grasses or wild flowers indigenous to Minnesota. Seed mixture shall be approved by the City. 4. Use of mulch materials such as bark, wood chips and decorative rock in support of shrubs and foundation plantings. 5. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front property line and/or side property line abutting a public street, as part of a garden or landscape treatment. (i) General Landscaping Standards: L., 3-37 1. All lot areas not used for off-street parking, off-street loading, sidewalks, driveways, building sites or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in § 1007.043 (17)(o). 2. Commercial, industrial, public/semi-public, institutional, and multi -family residential uses shall be required to submit a site landscape plan, in accordance with § 1007.020, Site and Building Plan Review, for approval by the city prior to issuance of a building permit. 3. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landscape and Open Areas Landscape standards if applicable by placement. Desirable existing trees are valued according to the following table: Existing Tree Value Tree Size deciduous trees under 6" DBH or evergreen trees under 12' tall deciduous trees between 6"-12" DBH or evergreen trees between 12'-20' tall deciduous trees over 12" DBH or evergreen trees over 20' tall. Tree Value 1 large tree g 2 large trees g large trees g 4. Plantings may be grouped if part of an approved landscape plan. 5. Standards may be met with different sizes of trees and shrubs. 6. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. 7. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the drip line area is disturbed during the construction process. 8. The City may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. 9. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. 10. Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. 11. Turf slopes in excess of three to one (3:1) are prohibited. 3-38 12. Commercial, industrial multi -family, public/semi-public and institutional uses shall install irrigation systems to ensure survivability of landscape materials. (j) Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval. 1. Tree preservation and mitigation standards are described in the following table: Tree Preservation and Miti!ation Standards Environmentally Sensitive Area '" (ESA) Category Tree Location: within Basic Use Area Tree Location: Basic Use Area not within deciduous trees 6" dbh and over or evergreen trees between 12'-20' tall deciduous trees 6-12" dbh or evergreen trees between 12'-20' tall deciduous trees over 12" dbh or evergreen trees over 20' tall Non -ESA no mitigation required provide one tree per tree removed provide two trees per tree removed Natural Resource Conservation Area or Natural Resource Corridor Enhancement Area provide one tree per four trees removed provide two trees per tree removed provide three trees per tree removed Natural Resource Protected Area provide one tree per two trees removed provide two trees per tree removed provide three trees per tree removed 7. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at the discretion of the City. 8. Trees with thirty percent (30%) of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. 3-39 9. Undesirable trees are not subject to the Tree Preservation and Mitigation Standards. 10. On existing lots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring, the removal of trees is not subject to tree preservation and mitigation standards. 11. Replacement trees shall be planted on site. 12. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. (k) Landscaping Guidelines and Technical Specifications: The selection, installation and maintenance of all planting materials shall be in accordance with the City's Landscaping Guidelines and Technical Specifications Manual. (1) Tree Survey: 1. A tree survey is required for all property that contains a deciduous tree greater than 6" dbh or an evergreen tree greater than 12' tall. 2. The tree survey shall be the basis for the tree preservation plan, tree mitigation standards, and the use of existing trees to fulfill landscape standards. 3. The tree survey shall provide the following information: a. In the basic use area and other areas where tree removal is proposed, for all deciduous trees over 6" dbh and all evergreen trees greater than 12' tall: i. tree species ii. size iii. location iv. drip line v. tree condition b. The location of the combined drip lines of all tree stands designated for preservation on the development property c. On adjacent properties, the drip line of deciduous trees over 6" dbh and evergreen trees greater than 12' tall where the drip line is within 5' of the development property. 4. For a new plat or new Planned Unit Development, the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet. 5. For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing 3-40 structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information. 6. At the City's discretion, the tree survey requirement may be waived under the following circumstances: a. Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will not be removed and are not likely to be impacted by construction. b. Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will only be removed within the basic use area and the basic use area is not an ESA. (m) Tree Preservation Plan: 1. A tree preservation plan shall be required for all soil disturbance activities where Tree Preservation and Mitigation Standards apply. A tree preservation plan shows how the Tree Preservation and Mitigation Standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. 2. The tree preservation plan shall be based on the tree survey. 3. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12' in height on the development property or adjacent properties are near the construction area, the City may waive the tree preservation plan requirement. 4. A tree plan shall identify: a. The basic use area. b. The disturbance area. c. Tree size (dbh), species, condition, location, and root protection zone (5' out from the drip line) for all deciduous trees over 6" dbh or evergreen trees greater than 12' tall to be preserved, or; d. The combined root protection zone of all stands of trees designated for preservation, whichever is applicable. e. Location and type of tree protection fence. f. Staging areas. g. Temporary construction access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation. i. Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester.. ii. Temporary access roads shall not exceed twenty-five (25) feet in width and shall be delineated by snow fencing or safety fencing. iii. An eight (8) inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the root protection zones from compaction. 3-41 h. Concrete washout areas. i. Existing and proposed grading. j. The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees. k. Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. i. Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. ii. If a natural resource management plan has been approved for the site, the tree preservation plan shall be in accordance with said plan. iii. See City Code Chapter 1011, Stormwater and Erosion and Sediment Control, for other construction related requirements. the City. 5. The following shall occur prior to soil disturbance: a. The tree preservation plan shall be approved by the City. b. Fencing and all tree protection measures shall be installed and inspected by c. Erosion control measures shall be installed and inspected by the City. d. All required financial securities have been submitted. e. Any required development agreement has been approved. (n) Tree Preservation during Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. 1. Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (Root Protection Zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the Root Protection Zone. 2. Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. 3. No actions that may harm the health of the tree, including but not limited to construction, traffic, compaction, storage of equipment or materials including soil, grading, or concrete washout areas may occur in the Root Protection Zone. 3-42 4. Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. 5. Tree protection measures shall remain in place until all grading and construction activity is terminated. (o) Final Inspection: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: 1. If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the fifteenth of June the following spring. 2. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. (p) Non -Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non-compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. (q) Performance Security: The City may require performance security to ensure conformance with the requirements of this chapter. 1. The performance security shall extend for two (2) years from the date of planting. The form of the security (cash, letter of credit, or other form) shall be determined by the City. 2. If after notification of non-compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance. (18) Fences and Walls. Fences and walls shall be permitted in all required yards subject to the following: (a) Permit Required. It is unlawful for any person hereafter to construct or cause to be constructed or erected within the platted areas of the City, any fence or wall without first making an application for and securing a permit. (b) Certificate of Survey. An application for a fence or wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions, the location of 3-43 existing buildings, structures, and easements on the lot, and the location of the proposed fence. At the discretion of the City, a final plat detail of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. (c) Location. All fences or walls shall be located entirely within the private property of the person, firm, or corporation constructing or causing the construction of such fence. 1. No fence or wall shall be permitted on public rights-of-way. 2. Traffic visibility requirements set forth in §1007.042 (5)(a)3. of this Ordinance shall be satisfactorily met. 3. No fence or wall shall obstruct natural drainage. 4. Fences or walls may be constructed within public and private utility and drainage easements provided that: a. No fence or wall shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. b. Removal of a fence or wall or a portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. (d) Construction and Maintenance. 1. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. 2. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence or wall which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the City shall commence proper proceedings for the abatement thereof. 3. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or wall considered to be the face shall be oriented toward abutting property. 4. Fences which are ninety (90) percent open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of containing farm animals within a 3-44 rural zoning district are not subject to the provisions of this Ordinance and do not require a building permit. Chain link fences shall have round steel parts and braces. 5. Solid walls and retaining walls (such as masonry construction) in excess of forty- two (42) inches in height shall be prohibited. When utilized, tiered retaining walls shall be separated by a horizontal landing not less than three (3) feet in width. (e) Access. All fences or walls shall be provided with a gate which affords reasonable and convenient access for public safety. (0 Residential District Fences or Walls. All residential district fences or walls shall be placed within the property being fenced. 1. Fences or walls may be located in any yard up to a height of four (4) feet. 2. Except as prohibited by § 1007.043 (18)(f)3. below, a fence or wall up to six (6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines, and then along the side lot lines and the rear lot line (see Diagram 6.b). 3. Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this Ordinance rather than as related to the orientation of the house (see Diagram 6.c). 4. Residential Fences or Walls Height Exceptions. 5. Fences for sport courts may be up to twelve (12) feet in height with ten (10) foot setback. 6. Residential boundary line fences or walls may be erected to a height of eight (8) feet along a property line abutting a commercial, industrial, or semi-public use or zoning district. 7. Wire fence other than chain link shall not be permitted as boundary line fences within five (5) feet of the property line in residential zoning districts. 8. Electrical and barb wire fences are prohibited in residential zoning districts. 3-45 4' fence allowed l ' street right of way s r e e t r g h t 0 f w a y Diagram 6.b. 6' fence allowed 4' fence allowed street right of way Diagram 6.c. (g) Commercial and Industrial District Fences or Walls. (See Diagram 7 abc) 1. A fence or wall not exceeding four (4) feet in height may be erected in any yard. 2. A fence or wall not exceeding eight (8) feet in height may be erected parallel to the front lot line from a front corner of a principal building to a side lot line that is not adjacent to a street. 3. A fence or wall not exceeding ten (10) feet in height may be erected on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front facade of a principal building would intersect with a side lot line extending to the rear property line. 4. Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. 3-46 ' 10' fence 14— allowed —N FENCES OR WALLS IN BUSINESS AND INDUSTRIAL ZONES street right of way 8' fence allowed 4' fence allowed Diagram 7 abc 5. Within commercial and industrial and public/semi-public zoning districts, barbed wire may be attached to the tops of fences or walls with the following conditions: a. Fences or walls must be a minimum of eight (8) feet in height exclusive of the security arm. b. The security arm must be angled in such a manner that it extends only over the property of the permit holder. c. Wire security fencing shall not be permitted within the required front yard or along a property line abutting a residential use. (h) Public and Semi -Public District Fences or Walls. Fences or walls in the public and semi-public districts may be erected in any yard to a height of eight (8) feet. Barbed wire fences used for security purposes may be permitted in the public and semi-public zoning district per §1007.043 (18)(g)5. of this Ordinance. 3-47 THIS PAGE INTENTIONALLY LEFT BLANK 3-48 L.„ §1007.044 OFF-STREET PARKING (1) Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. (2) Application of Off -Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. (3) General Provisions. (a) Space Reduction, Existing off-street parking spaces upon the effective date of this Ordinance shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use. (b) Existing Uses. Should a legal, non -conforming building, structure, or use in existence upon the effective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-established in accordance with § 1007.041 of this Ordinance, except that in so doing, any off-street parking or loading which existed must be retained. (c) Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. (d) Use of Parking Area. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent. (e) Accessible Parking. All parking associated with any building, structure or use shall be required to conform to the disability accessible parking standards pursuant to Minnesota Statutes 168.021, as may be amended . (f) Use of Parking Facilities in a Residential District. Except as allowed under § 1007.044 (11), off-street parking facilities accessory to a residential use shall be utilized solely for the parking of passenger automobiles, recreational vehicles, and/or one truck not to exceed eleven thousand seventy-five (11,075) pounds gross weight rating for each dwelling. (g) Calculating Space. 1. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten (10) percent, except when floor plans are submitted that identify net usable floor area of the building exclusive of ancillary 3-49 floor areas that do not generate parking demand (e.g., stair wells, hallways, restrooms, closets, utility rooms). 2. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. 3. In gymnasiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. 4. Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required. 5. In hospitals, bassinets shall not be counted as beds. (h) Stall, Aisle and Driveway Design. 1. Parking Area Standards. Parking areas and the aisles shall be developed in compliance with the following standards: Angle of ParkingLength Stall Width Curb Per Car Stall Length Stall Depth Wall to Aisle Stall Depth Interlock to Aisle Aisle One Way Width Two Way 90° 9' 0" 9' 0" 18' 0" 18' 0" 18' 0" 24' 0" 24' 0" 75° 9' 0" 9' 6" 18' 0" 20' 8" 19' 10" 21' 6" 23' 0" 60° 9' 0" 10' 5" 18' 0" 21' 0" 19' 10" 18' 0" 2' 0" 450 9' 0" 12' 9" 18' 0" 19' 10" 17' 10" 15' 0" 2' 0" 0" 9' 0„ 22' 0" 22' 0" 9' 0" 9' 0" 17' 0" 4' 0" 3-50 A - Angle of Parking E - Stall Width C - Curb Length per Car D - Stall Length E - Stall Depth F - Aisle Width G - Overlap H - Overhang F 2. Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto. No building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off- street parking provisions of this Ordinance. 3. Collector/Minor Arterial Street Access. Access to any street shown as a collector or arterial roadway on the City's Transportation Plan shall require review and comment by the affected agency (Anoka County Highway Engineer or MnDOT) and City. This review shall be required prior to the issuance of any building permits. The County or City Engineer shall determine the appropriate location, size and design of each access drive and may limit the number of access drives in the interest of public safety and efficient traffic flow. 4. Street/Alley Access. Except in the case of single, two family, townhouse and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two family, townhouse, and quadraminium dwellings, parking area design which requires backing into the public street is prohibited. New residential subdivisions shall be designed to limit direct lot access onto any street shown as a collector or arterial roadway on the City's Transportation Plan. 3-51 5. Tandem Parking. The required parking spaces serving one and two family dwellings may be designed for parking not more than two (2) vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this Ordinance. 6. Curb Cut/Driveway Access Location. a. No curb cut/driveway access shall be located less than thirty (30) feet from the intersection of two (2) or more local or minor street rights-of-way. This distance shall be measured from the intersection of lot lines. Curb cut/driveway access setbacks from the intersection of streets with higher functional classifications shall be consistent with the recommendations of the Comprehensive Plan and require approval by the City Engineer. i. Street functional classification shall be defined by the Lino Lakes Comprehensive Plan. ii. The setback measurement shall be measured from the edge of the street right-of-way to the nearest edge of the curb cut. iii. Driveways onto arterials and major collectors shall be prohibited where alternative street access is available. For existing lots of record, where alternative access is not available, direct access onto arterial and major collectors may be permitted, provided a site plan is submitted for review and approval of the City Engineer. Approval is also subject to the conditions of this Ordinance. b. Curb cut/driveway access on a public street except for single, two family, and townhouse dwellings shall not be located less than forty (40) feet from one another. c. Except with special approval from the City Engineer, curb cut openings and driveways shall be a minimum of five (5) feet from the side yard property line in all districts. Any shared driveway shall include a maintenance and access agreement. d. A single-family lot in a residential zoning district shall not have more than one driveway accessing a public street. 7. Curb Cut/Driveway Width. No curb cut shall exceed twenty-six (26) feet in width within a residential zoning district, or thirty-six (36) feet in width if the property is in a commercial, industrial, or public/semi-public zoning district, as measured at the street right-of- way line unless approved by the City Engineer. The driveway associated with such curb cut may increase in width at an angle not greater than forty-five (45) degrees. 3-52 Driveway may increase at an angle of not greater than 45 degrees 45 i 26' ' ROW line Curb Cut Width At ROW line: 26 ft. Max. or 36 ft. Max. if Commercial curb 8. Emergency Vehicle Access. a. Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. All access drives (driveways) shall comply with the following standards: DRIVEWAY/ACCESS STANDARDS Single Family Detached Uses Commercial Uses Maximum Slope Ten (10) foot vertical rise in one hundred (100) horizontal feet. Eight (8) feet rise in one hundred (100) horizontal. Minimum Width Ten (10) foot wide driveway base. Vegetation should be cleared to eight (8) feet on each side of driveway centerline from the roadway to the front property line. Twenty (20) feet driveway base or as approved by community engineer. b. All lots or parcels shall have direct, adequate, physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an approved private roadway. 3-53 c. In addition to the required direct physical access along the frontage of the lot or parcel to the approved public or private roadway, a lot or parcel may have existing private easement access drives to the lot over adjacent lots or parcels. 9. Grade Elevation. Excepting driveways for single family and two family dwellings, the grade elevation of a parking area shall not exceed five (5) percent. 10. Striping. Except for single, two family, townhouse, quadraminiums, and green parking lots, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide. 11. Lighting. Any lighting used to illuminate an off-street parking area shall be arranged as to reflect the light away from the adjoining property. All exterior lighting shall comply with § 1007.043 (6) of this Ordinance. 12. Curbing and Landscaping. Except for single, two family, townhouse and quadraminiums, all open off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot. Said curb barrier shall not be closer than the required parking setback of the respective zoning district. Grass, plantings or screening shall be provided in all areas bordering the parking area. 13. Screening. When a parking area of six (6) spaces or more is adjacent to a street or residential area, a berm, wall, or fence not less than four (4) feet in height shall be erected along the parking area to screen headlights. Grass or plantings shall occupy the space between the parking lot curb or fence and the street surface. (The City Council may recommend screening in lieu of fencing.) 14. Parking Lot Landscaping. a. All exposed parking areas of six (6) or more required spaces shall be landscaped on all sides in compliance with § 1007.043 (17) of this Ordinance. b. Within off-street parking facilities for commercial uses of fifty (50) or more stalls, irrigated landscaped islands or peninsulas or rain gardens shall be provided at a rate of one hundred (100) square feet per twenty-five (25) surface stalls or fraction thereof. Such islands or peninsulas shall be contained within raised, curbed beds consistent with other applicable parking lot construction requirements of this Ordinance. It is not the intent of this section to relieve a project of the installation of islands or peninsulas that are necessary to promote the safe and efficient flow of traffic, regardless of parking lot size. c. No landscaping or screening shall interfere with drive or pedestrian visibility for vehicle entering, circulating or exiting the premises. 15. Cart Storage. Retail commercial uses that have customer service carts shall be required to provide ample space for the storage of carts within off-street parking areas, subject to 3-54 the approval of the Zoning Administrator. The need and specific amount of required cart storage space shall be determined as part of site plan review. When required, cart storage areas shall not occupy required off-street parking space, shall be clearly delineated, and shall include facilities for cart confinement. (4) Maintenance. It shall be the joint responsibility of the operator and owner of the principal use, uses and/or buildings to maintain, in a neat and adequate manner, the parking space, access ways, landscaping and required screening. (5) Location. All accessory off-street parking facilities required by this Ordinance shall be located and restricted as follows: (a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of § 1007.044 (8) and §1007.044 (9). (b) Spaces accessory to one and two family dwellings shall be located on the same lot as the principal use served. (c) Spaces accessory to multiple family dwellings shall be located on the same lot as the principal use served and within two hundred (200) feet of the main entrance to the principal building served. (d) Spaces accessory to uses located in a business, industrial or public and semi-public district shall be located, within eight hundred (800) feet of a main entrance to the principal building served. (e) No off-street parking space located in a business, industrial or public and semi- public district shall be permitted within a public right-of-way or within fifteen (15) feet of any street surface. (0 Off-street parking shall meet the setback standard of the respective zoning district. (g) In the case of single family dwellings which lie upon lots smaller than one (1) acre, two family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway, away from the principal use. Said extra space shall be surfaced in a manner consistent with § 1007.044 (3)(h)9. of this Ordinance. (6) Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: (a) Single Family and Two Family Dwellings. Two (2) spaces per unit. 3-55 (b) Boarding House/Accessory Apartment_ At least one (1) parking space for each person for whom accommodations are provided for sleeping. (c) Townhome, Quadraminium, Manor Home, Multiple Family Dwellings, and Mobile Homes within Mobile Home Parks. At least two and one-fourth (2-1/4) rent-free spaces per unit. In projects involving eight (8) or more units, the City may require additional clustered guest parking spaces based upon calculation of required demand. (d) Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking space per unit. Initial development is, however, required of only one-half (1/2) space per unit and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated. (e) Rest Home, Nursing Home, Convalescent Center, or Institution: One (1) space for each six (6) beds based upon maximum design capacity, plus one (1) space for each two (2) employees. (f) Hospitals. Two (2) spaces for each bed. (g) Schools, Elementary and Junior High. One (1) space for each classroom plus one (1) additional space for each three hundred (300) student capacity, plus one (1) space for each employee, plus one (1) space for each four (4) seats in auditorium. (h) High School and Colleges. One (1) space for each classroom plus one (1) additional space for each seven (7) students based upon maximum design capacity. (i) Church, Theater, Auditorium. At least one (1) parking space for each three (3) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance. (j) Community Centers, Libraries, Private Clubs, Lodges, Museums, Art Galleries. One (1) space for each three hundred (300) square feet of floor area in the principal structure. (k) Day Care Facilities. 1. Day care facilities serving fourteen (14) or fewer persons: Two (2) spaces per unit. 2. All other day care facilities: One (1) space per teacher on the largest shift, plus one (1) space per five (5) students/children based on maximum capacity of the facility. (1) Office Buildings, Veterinary Hospitals, Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. 3-56 (m) Financial Institutions, Banks, Savings and Loan. Four (4) spaces for every one thousand (1,000) square feet. (n) Health Club. One (1) space per two (2)exercise stations (e.g., strength machine or cardio vascular) plus one (1) space per employee on the largest shift plus additional parking for ancillary uses (e.g., gyms, auditoriums, offices, restaurants). (o) Retail Store and Service Establishment. At least one (1) off-street parking space for each two hundred (200) square feet of floor area. (p) Shopping Centers. Five and one-half (5-1/2) spaces per each one thousand (1.000) square feet of gross leasable floor area (exclusive of common areas) (q) Retail Sales and Service Business with F (50) Percent or More of Gross Floor area Devoted to Storage, Warehouses and/or Industry. At least eight (8) spaces or one (1) space for each two hundred (200) square feet devoted to public sales or service, plus one (1) space for each five hundred (500) square feet of storage area. (r) Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On -Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square feet of dining room, plus one (1) space for each employee of the maximum work shift. (s) Fast Food Restaurant. Fifteen (15) spaces per one thousand (1,000) square feet of gross floor area. (t) Motels, Motor Hotels, Hotels. One (1) space per each rental unit plus one (1) space for each eight (8) units, and one (1) space for each employee on any shift. (u) Laundromats. Six (6) spaces per one thousand (1,000) square feet of floor area. (v) Motor Fuel Station. At least four (4) off-street parking spaces plus one (1) space for each employee on duty. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. Parking at fuel pumps shall not be allowed to satisfy the parking requirements. (w) Auto Repair. Two (2) spaces per serving bay; the service bay is not a parking space. (x) Motor Vehicles Sales Lot. Four (4) spaces per one thousand (1,000) square feet gross sales and office floor area of the building plus one (1) space per each two thousand (2,000) square feet of gross land area. 3-57 (y) Auto Wash/Commercial Car Wash. One space per employee plus: Drive through: Ten (10) stacking spaces. Self-service: One (1) stacking space per wash bay. Motor Fuel Stations: None in addition to that required for the principal use. (z) Garden Supply Store, Building Material Sales in Structure. Eight (8) off-street parking spaces, plus one (1) additional space for eight hundred (800) square feet of floor area over one thousand (1,000) square feet. (aa) Private Racquetball, Handball and Tennis Courts. Not less than six (6) spaces per each court. (bb) Indoor Sports Arenas, Private Skating Rink, Dance Hall, or Public Auction House. Twenty (20) off-street parking spaces, plus one (1) additional off-street parking space for each two hundred (200) square feet of floor space over two thousand (2,000) square feet. (cc) Golf Driving Range, Miniature Golf, Archery Range. Ten (10) off-street parking spaces plus one (1) for each one hundred (100) square feet of floor space of building. (dd) Golf Courses. Four (4) spaces per hole, plus fifty (50) percent of the requirements for any other associated use. (ee) Bowling Alley. Five (5) spaces for each alley plus additional spaces for related uses. (ff) Funeral Undertaking Establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each vehicle. Aisle space shall also be provided off the street for making up a funeral procession. (gg) Electrical and Television Repair. Four (4) spaces per one thousand (1,000) square feet of floor area. (hh) Woodworking Shop. One (1) space for each employee plus one (1) space for each one thousand (1,000) square feet of gross floor area. (ii) Contractors' Offices, Shops and Yards. Two (2) spaces for each employee. (j j) Light Manufacturing. One (1) space for each employee or one (1) space for each two thousand (2,000) square feet of gross floor area, whichever is greater. (kk) Warehousing, Storage of Handling of Bulk Goods. That space which is solely used as office shall comply with the office use requirements and one (1) space for each two thousand (2,000) square feet of floor area, and one (1) space for each company owned truck (if not stored inside principal building). 3-58 (11) Other Uses. Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. (7) Parking Deferment. The City may allow a reduction in the number of required parking stalls for commercial, industrial, and institutional uses by administrative permit provided that: (a) The applicant must demonstrate that the proposed use will have a peak parking demand less than the required parking under §1007.044 (6) of this Ordinance. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to: 1. Size of building. 2. Type and use. 3. Number of employees. 4. Projected volume and turnover of customer traffic. 5. Projected frequency and volume of delivery or service vehicles. 6. Number of company-owned vehicles. 7. Storage of vehicles on site. (b) In no case shall the amount of parking provided be less than one-half (1/2) of the amount of parking required by ordinance. (c) The site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this Ordinance if the parking demand exceeds on site supply. (d) On-site parking shall only occur in areas designed and constructed for parking in accordance with this Ordinance. (e) The applicant and City enter into a development agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking stalls, upon a finding of the Community Development Director that such additional parking stalls are necessary to accommodate the use. (f) A change of use will necessitate compliance with the applicable Zoning Ordinance standard for parking. 3-59 (8) Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures, or uses may be provided collectively in any non-residential zoning district in which separate parking facilities for each separate building, structure or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak parking periods. Shared curb cuts and access drives shall be encouraged for lots accessing collector and arterial streets. Where shared access and parking are utilized, easements shall be placed on the shared area and recorded with the properties and a maintenance agreement required. (9) Control of Off -Site Parking Facilities. When required, accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control either by deed or long term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the City requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use. (10) Traffic Control. (a) The traffic generated by any use shall be channelized and controlled in a manner that it will minimize: 1. Congestion on the public streets. 2. Traffic hazards. 3. Excessive traffic through residential areas, particularly truck traffic. (b) Internal traffic shall be regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial sites and traffic from residential lots with direct access to a collector street or arterial street shall in all cases be forward moving with no backing into streets. Direct residential lot access to collector and arterial streets shall be prohibited wherever alternative local street access is available. (c) On corner lots (including rural districts), nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2-1/2) and ten (10) feet above the centerline grades of the intersecting streets within fifteen (15) feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within fifteen (15) feet of any intersecting street right-of-way lines. (11) Motor Vehicle Parking in Residential and Rural Zoning Districts. (a) Passenger motor vehicles, including cars, pickup trucks, vans, and motorcycles may be parked on a residential or rural property provided that: 3-60 1. They are parked on an appropriate surface. Appropriate surface shall include asphalt, concrete, pavers, and environmentally conscious materials when approved by the city engineer. On properties over one acre in size, appropriate surface may also include rock or stone, when approved by the city engineer. 2. They are operable and appropriately licensed at all times they are parked outside of an accessory structure. 3. They are setback a minimum of five feet from side and rear property lines, except in cases where a shared driveway has been approved by the city engineer. 4. When parked in the front yard or corner side yard of a property, they are parked on a designated driveway or parking area. (b) Recreational Vehicles and Trailers, as defined by § 1007.001 of this Ordinance may be parked or stored on a residential site provided that: 1. The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: a. The vehicles have affixed thereto current registration or license plates as required by law. b. The vehicles are stored no closer than five (5) feet from side and rear lot lines. c. The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with § 1007.044 (11)(a)1. 2. All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb/pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet 3. No vehicle shall be parked in a manner that blocks a city or county park or trail. 4. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. 3-61 5. A recreational vehicle or trailer shall not be utilized for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use. 6. No Recreational Vehicle may be used as a living quarters while stored/parked on a residential property. (c) Motor Vehicles exceeding a gross weight rating of 11,075 pounds. 1. No motor vehicle (except those meeting the definition of a Recreational Vehicle) exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds shall be parked or stored, indoors or outdoors, in a residential zoning district or on a lot of less than two and one- half (2 1/2) acres in a rural zoning district, except when loading, unloading, or rendering a service unless an administrative permit that complies with the following requirements is obtained from the Community Development Department. a. The vehicle shall not be parked or stored for more than seventy-two (72) hours within a seven (7) day period excluding legal holidays. b. The vehicle shall be parked or stored behind the front of the dwelling. c. No more than one permit shall be granted per residence. d. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. e. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. f. The vehicle and trailer shall remain connected. g. All parking permits shall be reviewed and renewed on 1 July of each year at a fee established by the City Council. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked. 2. On lots 2 '/2 acres to 10 acres in rural zoning districts, no more than two (2) commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements: a. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 3-62 b. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. c. The vehicle and trailer shall remain connected. 3-63 THIS PAGE INTENTIONALLY LEFT BLANK 3-64 `-- §1007.045 OFF-STREET LOADING. L (1) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (2) Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than fifty (50) feet from the intersection of two (2) street rights-of-way nor less than fifty (50) feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space. (3) Size. Loading berths shall be of a size determined by the City as necessary to accommodate anticipated truck and service vehicles. (4) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic and allow on-site maneuvering. (5) Surfacing. All loading berths and access ways shall be surfaced with a bituminous or concrete or other material approved by the City Engineer. (6) Accessory Use. Any space allocated as a loading berth or maneuvering areas so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles or to be included as a part of the space requirements necessary to meet the off-street parking requirements. (7) Loading Berth Required. In connection with any structure which is to be erected or substantially altered, any which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space. (8) Noise. Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district per §1007.043 (10), the City Council may limit the hours of operation. (9) Screening. Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with § 1007.043 (17) of this Ordinance. 3-65 §1007.046 RELOCATED STRUCTURES. Before any house or other structure is moved onto a vacant lot, an administrative permit must be obtained in accordance with §1007.019 of this Ordinance. The Community Development Department shall conduct a site plan review and determine whether the structure will be compatible with other development in the area, and conform to all City codes and ordinances. The Community Development Department may withhold issuance of an administrative permit if it determines that the structure does not meet the performance standards of this Ordinance. 3-66 L., §1007.047 HOME OCCUPATION PERMITS. (1) Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without jeopardizing the residential character of the neighborhood. (2) Application. Subject to the non -conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: (a) Permitted agricultural/farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. (b) The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. (c) Daycare when licensed by the state and/or county (d) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. (e) Any use allowed by an existing Conditional or Interim Use Permit. (3) Procedure. (a) Home Occupation Level A does not require an application, review, or permit so long as the business complies with the general provisions listed in subsection (6) below, and the requirements of the Home Occupation Level A listed in subsection (7) below. (b) Home Occupation Level B requires the following procedure: 1. Application for a Home Occupation Level B shall be filed by the property owner or designated agent on forms to be provided by the City, and shall be accompanied by: a. A non-refundable fee as established by City Council ordinance; and b. Site and Building Plans as necessary to prove compliance with the general provisions of subsection (6) below, and the requirements of the Home Occupation Level B listed in subsection (8) below. 2. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, 3-67 and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within fifteen (15) business days of the date of submission. (c) Home Occupation Level C requires obtaining a Conditional Use Permit. The procedure for a Conditional Use Permit is described in § 1007.016. (4) Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. Home Occupation Level C, which requires a Conditional Use Permit, shall be subject to the Revocation clause included in § 1007.016. (5) Expiration. (a) Upon issuance, a Home Occupation Level B permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section (4) above. (b) A Home Occupation Level C, approved as part of a Conditional Use Permit application, shall comply with § 1007.016 of the ordinance. (6) Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. (a) General Provisions. 1. The home occupation shall be operated by an occupant of the dwelling. 2. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof. 3. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. 3-68 5. The home occupation shall meet all applicable fire and building codes, and applicable permits must be obtained prior to any construction activities. 6. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code and any vehicles allowed by § 1007.044 (11). 7. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds used in the home occupation may be parked on the site. 8. Any vehicle with a gross weight rating in excess of eleven thousand seventy-five (11,075) pounds is subject to § 1007.044 (11) of this Ordinance. 9. The number of on-site parking spaces shall not be reduced to less than two. 10. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. 11. When applicable, all state licensing requirements are satisfactorily met. 12. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. 13. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. 14. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. (7) Requirements — Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A. In addition to the general provisions outlined in subsection (6) above, businesses must also comply with the following provisions specific to the Home Occupation Level A. (a) Requirements. 1. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. 2. No customers or employees who do not reside at the dwelling may be permitted on the property. 3-69 3. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. 4. The home occupation may not occupy more than 10% of the structure. 5. All off-street parking generated by the home occupation shall be confined to the driveway. 6. The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail or by occasional home invitation. (8) Requirements — Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B. In addition to the general provisions outlined in subsection (6) above, businesses must also comply with the following provisions specific to the Home Occupation Level B. (a) Requirements. 1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. 2. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. 3. Areas accessible to customers or employees shall comply with all applicable life safety codes. 4. Vehicle trips generated by the business shall not exceed 20 in any twenty four hour period. 5. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. 6. If the home occupation is to occupy more than 10% of the dwelling. additional building and fire code issues may need to be addressed. 7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 8. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. 9. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main 3-70 dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. a. The operation of any wholesale or retail business is prohibited. unless: b. It is conducted entirely by mail or occasional home invitation: c. It is exclusively the sale of products produced on-site; or d. It is clearly incidental to a service provided on the site. (9) Requirements — Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size; or zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible to apply for a Conditional Use Permit to allow a Home Occupation Level C. In addition to the general provisions outlined in subsection (6) above, businesses must also comply with the following provisions specific to the Home Occupation Level C. (a) Requirements. 1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. 2. A limit of five customers or employees who do not reside at the dwelling may be permitted on the property at one time. 3. Areas accessible to customers or employees shall comply with all applicable life safety codes. 4. Vehicle trips generated by the business shall not exceed 40 in any twenty four hour period. 5. If the home occupation will require a delivery service, such as UPS, no more than fifteen delivery/pickup trips per week shall be permitted. 6. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed. 7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 8. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. 3-71 9. Between the hours of 9 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. 10. The limited operation of any wholesale or retail business is allowed. (10) Additional Limitations and/or Restrictions. (a) So as to maintain compatibility with the residential character of the neighborhood and to protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. (b) The City may impose the posting of a security in order to insure compliance with any condition imposed. (11) Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit or Conditional Use Permit for a Home Occupation Level C, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. (12) Penalty. Violation of the home occupation performance standards shall be subject to the enforcement and penalty provisions of § 1007.023 of this Ordinance. 3-72 §1007.048 ACCESSORY APARTMENTS. (1) Purpose. The purpose of this section is to provide standards for the establishment and use of home accessory apartments in owner occupied single family homes. (2) Application. Subject to the non -conforming use provisions of this Ordinance, all home accessory apartments as defined in § 1007.001. Defmitions established after the effective date of this Ordinance shall comply with the provisions of this section. (3) Procedures and Permits. All home accessory apartments shall require an accessory apartment permit. Applicants for such a permit shall be made on forms provided by the City which shall include the following: (a) Legal description of the property location and proof of ownership. (b) Plans, drawn to scale, indicating existing and proposed floor plans and access to both the principal unit and the accessory unit. (c) Site plan depicting parking availability. (4) Requirements. All home accessory apartments shall comply with the following requirements: (a) The accessory apartment shall be clearly a subordinate part of the single family dwelling. In no case shall the accessory apartment be more than forty (40) percent of the building' s total floor area, not to exceed nine hundred sixty (960) square feet nor have more than two (2) bedrooms. Common area shared by the principal dwelling and accessory apartment shall be considered part of the principal dwelling and shall not be included in the calculation of accessory apartment floor area. (b) The principal unit shall have at least nine hundred sixty (960) square feet of living space remaining after creation of the accessory apartment exclusive of garage area. Accessory apartments shall have at least five hundred (500) square feet of living space. Living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (c) A separate exterior entrance may be permitted. Any exterior alterations or expansion shall be constructed of similar size, color, and type of materials as the principal single family unit provided that no unenclosed ramps or stairways are utilized to access either the primary or accessory unit. Only one (1) exterior stairway may be located on the side or rear of the dwelling. (d) The principal unit and accessory apartment shall share an internal doorway connection between the units. (e) Both the principal unit and accessory apartment shall share a single utility hookup. 3-73 (f) All parking standards of § 1007.044 shall be met. (g) The accessory apartment and principal unit shall meet the applicable standards and requirements of the Lino Lakes Zoning Code, Building Code, Anoka County Health Codes and Fire Codes. (h) The house shall be owner -occupied at the time of application and the building and property shall remain in single ownership and title and shall only have one mailing address. (i) A maximum of one (1) accessory apartment permit shall be issued per detached single family home. (j) No separate driveway or curb cut shall be permitted for the accessory apartment unit. (5) Revocation. The City Council may revoke an accessory apartment permit if the permittee fails to comply with the conditions attached to the issuance of the permit or otherwise fails to comply with the provisions of this section. Prior to revocation, the City Council shall conduct a hearing preceded by ten (10) days mail notice to the permittee. 3-74 L., L., §1007.049 DRAINAGE. (1) No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion or deposit of minerals on said land, adjacent properties or water bodies. Such runoff shall be properly channeled into a storm drain, a natural water course or drainageway, a ponding area or other public facility. (2) For all construction, erosion control measures must be in place prior to the beginning of site work, e.g., grading, stripping, or construction. (a) The City may withhold inspections or suspend work on a site that does not have an approved grading plan or in-place erosion control measures. (b) The City may require financial security to insure placement of erosion control measures. (3) The owner or contractor of any natural drainage improvement or alteration may be required by the City Engineer to obtain recommendations from the Minnesota Department of Natural Resources, the Soil Conservation District, U.S. Army Corps of Engineers, affected watershed district(s), and/or City Engineer. (4) On any slope in excess of eight (8) percent where, in the opinion of the City Engineer, the natural drainage pattern may be disturbed or altered, the City Engineer may require the applicant to submit both a grading plan and soil conservation plan prior to applying for a building permit. (5) All agricultural, residential, commercial, and industrial developments shall be in accordance with applicable recommendations of the City's local water management plan as may be amended. (6) As part of a building permit application in which new structures or building footprint expansion of existing structures are proposed, a site survey showing proposed grading, drainage and building pad elevation(s) must be submitted to the City along with a certification by a registered land surveyor or engineer that they are consistent with the grading and drainage plan approved with the final plat or site plan. (7) Prior to issuance of an occupancy permit, the person or entity who developed, graded and constructed improvements upon the property for which the occupancy permit is requested, must submit certification by a registered land surveyor or engineer that the final grading, drainage and building pad elevations are consistent with the approved grading and drainage plan approved with the subdivision or site plan, or if no such City approved drainage and grading plan for the entire subdivision exists, that such person or entity represents that the grading, drainage and building pad elevations are consistent with the requirements of § 1007.050 (1) through § 1007.050 (5). 3-75 THIS PAGE INTENTIONALLY LEFT BLANK 3-76 §1007.050 EARTH MOVING AND LAND RECLAMATION. (1) Exclusions. This article shall not apply to: (a) The excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material for any construction for which a building permit has been issued, site plan approval or a development contract signed. (b) Such excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material as may be required by the state, county, or city authorities within their acquired rights-of-way and easements in connection with the construction or maintenance of roads and highways and utilities. "Rights-of-way" as used herein shall not include isolated parcels used exclusively for borrow pits. (2) Permit Required. Earth removal, land reclamation, material storage, or filling, shall be permitted in all zoning districts, on any lot or parcel except that it shall be unlawful for any person to remove, store, excavate, or place as fill any rock, sand, dirt, gravel, clay, or other like material within the City, in excess of one hundred (100) cubic yards per acre without first having applied for and having obtained a permit from the City. When five thousand (5,000) or more cubic yards of material is to be removed or deposited on any lot or parcel, a conditional use permit shall be required. The inclusion of an earth removal and land reclamation permit process in this Ordinance does not automatically imply an applicant's entitlement to issuance of a permit. The City may refuse to issue a permit if in the opinion of the City, the application is not in the best interests of the City. (3) Application. (a) The application for the permit shall be made in writing to the City Engineer in such form as the City Engineer may designate, and shall include such information as may be required by the City Engineer and shall contain among other things a map or plat of the proposed excavation, or fill area showing the confines or limits thereof together with the existing elevations and proposed finished elevations based on sea level readings. The plan shall also include all wetlands, drainageways, tree inventory and preservation plan, erosion control measures, final restoration improvements, and other features as required by the City. (b) Each application shall be filed with the City Engineer. (c) Each application for permit shall be accompanied by a fee. the amount of which shall be determined by City Council resolution. (4) Conditions. The City Engineer or City Council, as a prerequisite to the granting of a permit, may require the applicant or the owner of the premises to incorporate and attach any conditions or restrictions that it deems necessary for the preservation of health, welfare, and safety of the citizens: 3-77 (a) Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. (b) Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. (c) Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. (d) Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. (e) Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non -decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. (f) Require that all decomposable material, or other unsuitable foundation material. be removed from an area before deposition of fill begins. (g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. (h) Specify a time when the excavation or land reclamation project shall be completed. (i) Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City's stormwater management and pollution prevention plan. (j) Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. (k) Implement the tree preservation plan. (1) In addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one-quarter (1/4) mile. (m) Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or 3-78 L L claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. (n) Other conditions deemed appropriate to the application by the permitting authority. 3-79 THIS PAGE INTENTIONALLY LEFT BLANK 3-80 l L., L §1007.051 FARMING OPERATIONS. All farms in existence upon the effective date of this ordinance and all farms which are brought into the city by annexation shall be a permitted use. All dwelling units and structures for processing of farm goods shall require a building permit and conform to all requirements of the Building Code. The City Council may require any new farm operation to secure a conditional use permit in the event of the following: (1) The farm is adjacent to or within four hundred (400) feet of any dwelling unit and may be detrimental to living conditions by emitting noise, odors, vibrations, hazards to safety, and the like. (2) The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become permanent industrial type operation that cannot be terminated as can a normal farming operation. 3-81 THIS PAGE INTENTIONALLY LEFT BLANK 3-82 e.) L.- §1007.0052 ADULT USES. (1) General. Adult uses as defined in the City Code shall be subject to the following provisions: (a) Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. (b) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. (c) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages. (d) An adult use which does not qualify as an accessory use shall be classified as an adult use -principal. (2) Adult Uses - Principal. (a) Adult use -principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use -principal is located to the property line of: 1. Residentially zoned property 2. A licensed day care center 3. A public or private educational facility classified as a pre-school, elementary, junior high or senior high 4. A public library 5. A public park 6. Another adult use -principal 7. An on -sale liquor establishment (b) Adult use -principal activities, as defined by this Ordinance, shall be classified as one use. No two adult uses -principal shall be located in the same building or upon the same property and each use shall be subject to §1007.052 (2)(a). (c) Adult use -principal shall, in addition to other sign requirements established by City Code, adhere to the following signing regulations: 1. Sign messages shall be generic in nature and shall only identify the type of business which is being conduced. 2. Shall not contain material classified as advertising. 3-83 3. Shall comply with the requirements of size and number for the district in which they are located. (3) Adult Uses - Accessory. (a) Adult use -accessory shall: 1. Comprise no more than ten (10) percent of the floor area of the establishment in which it is located. 2. Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. 3. Not involve or include any activity except the sale or rental of merchandise. (b) Adult use -accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: 1. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. 2. Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 3. Other Use. Adult uses -accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. (c) Adult use -accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. (d) Adult use -accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. 3-84 L THIS PAGE INTENTIONALLY LEFT BLANK 3-85 § 1007.053 ANTENNAS. (1) Purpose and Intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Lino Lakes while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. (2) General Standards. The following standards shall apply to all personal wireless service telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna. (a) All obsolete and unused antennas and towers shall be removed within twelve (12) months of cessation of operation at the site by the antenna or tower owner, unless an exemption is granted by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associate facilities when they are abandoned, unused or become hazardous shall be submitted to the City. (b) All antennas and towers shall be in compliance with all State Building and Electrical Code requirements and as applicable shall require related permits. Applications to erect new antennas and/or towers shall be accompanied by any required federal, state, or local agency licenses. (c) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, as determined by the City Engineer, shall be verified and approved by a professional engineer. (d) When applicable, written authorization for antenna and/or tower erection shall be provided by the property owner. (e) No advertising message shall be affixed to the antenna and/or tower structure. (f) Antennas and/or towers shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. (g) If a new tower of seventy-five (75) feet or greater in height is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and antennas for at least one (1) additional use, including but not limited to other personal wireless service communication companies, local police, fire and ambulance companies. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 3-86 (h) Towers shall be painted a non -contrasting color consistent with the surrounding area such as blue, gray, brown, or silver or have a galvanized finish to reduce visual impact, unless otherwise required by a governmental agency. (i) All antennas and towers shall be reasonably posted and secured to protect against trespass, including appropriate measures to prevent unauthorized persons from climbing any tower. (j) Towers shall comply with all applicable Federal Aviation Administration (FAA) regulations. (k) Amateur radio towers shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. (1) Except as may be applicable in case where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the following: § 1007.053 (2)(c); § 1007.053 (2)(h); §1007.053 (4); and §1007.053 (5). (3) Certification, Inspection and Maintenance. (a) All towers, antenna support structures, and related equipment or structures shall be kept and maintained in good condition, order, and repair so as not to menace or endanger the life or property of any person. (b) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the State Building Code and federal and state law. (c) The City shall have authority to enter onto the property upon which a tower is located to inspect the tower for the purpose of determining whether it complies with the State Building Code and all other construction standards provided by the City's Code, federal and state law. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner. All expenses related to such inspecting by the City shall be borne by the owner. (4) Tower Design. Where allowed, wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. (5) Co -Location Requirement. An application for a new tower shall not be approved unless the applicant demonstrates that the antennas cannot be accompanied on an existing or approved tower, building, or structure within a two (2) mile search radius of the proposed tower due to one or more of the following reasons: 3-87 (a) The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified engineer and interference cannot be prevented at a reasonable cost. (c) Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure. (d) Existing or approved towers, buildings, or other structures do not exist in the search area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs to the users. (e) The applicant shall demonstrate that a good faith effort to co -locate on existing towers or structures was made, but an agreement could not be reached. (6) Accessory Antennas. The following standards shall apply to all accessory antennas including radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers. (a) Accessory antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines. (b) Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one (1) foot from all lot lines. (c) Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two (2) times the normal height restriction for the affected zoning district. (d) The installation of more than one (1) accessory structure and support structure per property shall require the approval of a conditional use permit. (7) Personal Wireless Service Antennas. (a) Rural, Residential and Business District Standards. 3-88 1. Antennas Located Upon an Existing Tower or Structure. Personal wireless service antennas as a permitted secondary use may be located upon existing towers or structures shall require the processing of an administrative permit and shall comply with the following standards: a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements, and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued by the Zoning Administrator. subject to the following conditions: i. Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. ii. Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. c. In no case shall a personal wireless service antenna be located upon or affixed to a detached single family residential dwelling. 2. New Towers. The erection of new personal wireless service antenna towers within Rural, Residential and Business Zoning Districts of the City is prohibited. (b) Industrial District Standards. 1. Antennas Located Upon an Existing Structure or Existing Tower. Personal wireless service telephone antennas as a permitted secondary use may be located upon an existing structure or co -located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards: a. An administrative permit is issued by the Zoning Administrator. b. Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. c. Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building. 2. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: 3-89 a. The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that: i. Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty (140) feet in height. Towers with a minimum capacity to support three (3) antennas shall not exceed one hundred sixty (160) feet in height. ii. The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subject site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower, whichever is greater. c. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable necessary building setback requirements, and shall be screened from view by landscaping where appropriate. d. At the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. 3. Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower as a permitted secondary use may be used on an interim basis until a permanent site is constructed shall require the approval of an administrative permit and shall comply with the following standards: a. Temporary mobile towers are exempt from co -location and permanent tower structure design standards provided for in the following sections: §1007.053 (2)(h); §1007.053 (2)(i); § 1007.053 (4); and § 1007.053 (5). b. The termination date of the permit shall not exceed one hundred twenty (120) days. Temporary mobile towers located on a site longer than one hundred twenty (120) days 3-90 shall require the processing of an interim use permit subject to the standards contained in § 1007.017 of this Ordinance. c. Guyed towers are prohibited. d. Mobile units shall have a minimum tower design wind load of eighty (80) miles per hour, or be set back from all structures a distance equal to the height of the tower. e. All towers shall be protected against unauthorized climbing. f. The height of the tower shall not exceed one hundred (100) feet. (c) Public/Semi-Public District Standards. 1. Antennas Located Upon an Existing Tower or Structure. Personal wireless service antennas as a permitted accessory use may be located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards: a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements, and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued by the Zoning Administrator, subject to the following conditions: i. Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. ii. Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. 2. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: a. The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. 3-91 b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that: i. Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty (140) feet in height. Towers with a minimum capacity to support three (3) antennas shall not exceed one hundred sixty (160) feet in height. ii. The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subject site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower, whichever is greater. c. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable necessary building setback requirements, and shall be screened from view by landscaping where appropriate. d. At the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. (8) Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: (a) Such antenna shall be considered an allowed conditional use within all rural and industrial districts of the City and shall be subject to the regulations and requirements of § 1007.016 of this Ordinance. (b) The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. (c) Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment, as well as no climb security measures shall be provided on the tower or structure. 3-92 Li L THIS PAGE INTENTIONALLY LEFT BLANK 3-93 §1007.054 ACCESSORY OUTDOOR DINING OR SEATING FACILITIES. (1) Purpose and Intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining or seating facilities that are intended for consumption of food or beverages purchased at the principal use on the site. This section is intended to apply to dining or seating facilities associated with and accessory to principal uses such as restaurants and retail establishments that offer food or beverages, whether or not service is provided to the outdoor seating area. This section is not intended to apply to outdoor seating such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for outdoor dining or seating is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. (2) Requirements. (a) The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing, planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval. (b) If alcoholic beverages are served or consumed in the outdoor area, the proper license required by Chapter 700 of the City Code must be current. (c) All lighting be hooded and directed away from adjacent residential uses in accordance with § 1007.043 (6) of this Ordinance. (d) The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining/seating area by providing the following: 1. The outdoor dining/seating area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor seating consists of four or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation. 2. The minimum clear passage zone for pedestrians at the perimeter of the outdoor seating/dining area shall be at least five (5) feet without interference from tables, chairs, planters, parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3. Overstory canopy trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above the sidewalk. 3-94 L (e) The dining/seating area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. (f) A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining/seating area. (g) Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application. (h) When the outdoor dining/seating is accessory to a restaurant, additional off-street parking shall be required, pursuant to the requirements set forth in § 1007.044 of this Ordinance, based on the additional seating provided by the outdoor area. (i) The outdoor dining/seating area shall be designed to avoid potential conflict with motor vehicle parking or circulation. (j) Refuse containers shall be provided for self-service outdoor dining/seating areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. (k) The outdoor area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive condition. 3-95 THIS PAGE INTENTIONALLY LEFT BLANK 3-96 §1007.046 BATCH PLANTS (1) Purpose. The purpose of this section is to provide standards for the establishment and use of Batch Plants intended to provide construction materials for a defined project within a limited timeframe. (2) Application. In order to operate within the city a Batch Plant must be located within the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive or Rural zoning districts, and must obtain an Interim Use Permit per § 1007.017. (3) Requirements. In addition to the General Standards contained within §1007.017, Temporary Batch Plants are also required to comply with the following conditions and performance standards in order to obtain an Interim Use Permit: (a) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. (b) The Batch Plant shall maintain a 50 foot setback from any wetland. (c) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. (d) The Hours of Operation shall be clearly defined. (e) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. (f) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. (g) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. (h) A restoration plan shall be submitted and approved by the City prior to any site disturbance. met. (i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily (j) All applicable Rice Creek Watershed District requirements are satisfactorily met. (k) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. 3-97 (1) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. 3-98 THIS PAGE INTENTIONALLY LEFT BLANK 3-99 DISTRICT PROVISIONS § 1007.070 GENERAL ZONING DISTRICT PROVISIONS. (1) District Establishment. The zoning districts are so designed as to assist in carrying out the intents and purposes of the Comprehensive Plan and to control residential densities in such a manner as to adequately provide public services and utilities. The zoning districts are based upon the Comprehensive Plan, which has the purpose of protecting the public health, safety, convenience, and general welfare by controlling the needs for public utilities, protecting against traffic congestion and accident hazards, protecting the public health from adverse influences generated by non-residential uses, protecting against the danger of fire conflagration, and other purposes of a similar nature. For purposes of this Ordinance, the City of Lino Lakes is hereby divided into the following zoning districts: (a) Rural Districts. 1. R, Rural. 2. R -X, Rural Executive. (b) Residential Districts. 1. R-1, Single Family Residential. 2. R -1X, Single Family Executive Residential. 3. R -EC, Single Family Estate Conservation District. 4. R-2, Two Family Residential. 5. R-3, Medium Density Residential. 6. R-4, High Density Residential. 7. R-6, Manufactured Home Park. 8. R-7, Manufactured Home Subdivision. (c) Business Districts. 1. NB, Neighborhood Business. 2. LB, Limited Business. 3. GB, General Business. (d) Industrial Districts. 1. LI, Light Industrial. 2. GI, General Industrial. (e) Special Districts. 1. PSP, Public and Semi -Public. 4-1 L., 2. R -BR, Rural Business Reserve. 3. PUD, Planned Unit Development. 4. AZO, Airport Zoning Overlay. 5. Shoreland Overlay. 6. Floodplain Overlay. (2) Zoning District Boundaries. Zoning district boundary lines established by this Ordinance generally follow lot lines, the centerlines of railroad right-of-way lines, street rights- of-way, water courses or the corporate limit lines, all as they exist upon the effective date of this Ordinance. (a) Appeals concerning the exact location of a zoning district boundary line shall be heard by the Council, serving as the Board of Adjustment and Appeals, pursuant to § 1007.018 of this Ordinance. (b) Whenever any street, alley or other public way is vacated by official action of the City, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. (c) All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline. (d) All areas within the corporate limits of the City which are under water and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two or more zones, the boundaries of each zone shall be construed to be extended into the water area in a straight line until they meet the other district at the half -way point and/or to the corporation limits. (3) Zoning Map. The location and boundaries of the districts established by this text are hereby set forth on the Zoning Map, entitled "Zoning Map of Lino Lakes". Said map shall be on file with the Zoning Administrator, and hereinafter referred to as the "Zoning Map". Said map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Ordinance by reference. (4) Annexations. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the most restrictive district and such classification shall be considered an interim step pending permanent classification. 4-2 RURAL DISTRICTS § 1007.080 R, RURAL DISTRICT. (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: (a) To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. (b) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. (c) To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. (d) To reduce the possibilities of rural -urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable, except as provided for in § 1007.042 (2)(b). (b) Minimum Lot Width. Three hundred thirty (330) feet, except as provided for in § 1007.042 (2)(b), which shall require a minimum lot width of two hundred (200) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Local Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Thirty (30) feet. 3. Side Yard. 5-1 a. Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. (d) Rural Lot Resubdivision. Principal and accessory buildings shall be located on a rural lot so as to allow for future resubdivision per § 1007.003 (2)(d) of this Ordinance. (3) Building Requirements. (a) The minimum floor area for single family dwellings measured using the outside building dimensions shall be as follows: 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level -3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet (b) All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. (c) All dwellings shall have a double garage. (4) Height Regulations. No building shall be erected or structurally altered to exceed thirty- five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. (5) Permitted Uses. In the R District, no building or land shall be used and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: (a) Agriculture, gardening and sod farming. (b) Commercial greenhouses and nurseries. (c) Day care facilities (fourteen (14) or fewer persons). (d) Golf courses and driving ranges. (e) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (0 Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. (g) Public parks. 5-2 (h) Single family detached dwellings. (i) State licensed residential care facility serving six (6) or fewer persons. (j) Temporary stands for the sale of agricultural products produced on the premises in accordance with § 1007.043 (4)(g) of this Ordinance. (k) Community Gardens operated by the city. (6) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R District: (a) Accessory apartments as regulated by § 1007.049 of this Ordinance. (b) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic and farm supplies, and non-commercial recreational equipment, as regulated by § 1007.043 (4) of this Ordinance. (c) Fences, as regulated by § 1007.043 (18) of this Ordinance. (d) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (e) Operation, parking, or storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by §1007.054 of this Ordinance. (g) (h) Code. Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the City (i) Swimming pools, sport courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests, as regulated by §1007.043 (4) of this Ordinance. (7) Conditional Uses. The following are conditional uses in the R District. These uses require a conditional use permit based on the standards and procedure outlined in § 1007.016 of this Ordinance. (a) Bicycle racing arenas, provided that: 1. The facility is provided adequate private on-site sewer and water facilities of sufficient size to accommodate the occupancy capacity of the arena. 5-3 2. Side yard setbacks shall not be less than fifty (50) feet. 3. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 4. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. 5. Adequate off-street loading and service entrances are provided and regulated where applicable by §1007.045 of this Ordinance. (b) Cemeteries provided that: 1. At minimum, the site accesses on a "collector" street. 2. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with § 1007.043 (17) of this Ordinance. (c) Commercial and public radio and television transmitting antennas, and public utility microwave antennas less than two hundred (200) feet in height as regulated by § 1007.054 of this Ordinance. (d) Commercial Stables, Commercial Kennels, and similar uses provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of this zoning district. 3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, whichever is greater. (e) Veterinary Hospitals provided that: 1. Property shall be in conformance with minimum lot size requirements of this zoning district. 2. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 3. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 5-4 that: 4. An animal kennel is permitted as an accessory use to the veterinary hospital provided a. The number of animals boarded shall not exceed forty (40). b. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. A commercial kennel license is obtained from the City. 5. The applicable provisions of Chapter 503 are determined to be satisfied. 6. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (f) Day care facilities (exceeding fourteen (14) persons) provided that: 1. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 2. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (g) Planned unit development rural cluster subdivision as per § 1007.024 ofthis Ordinance. (h) Public and private airports provided that: 1. All applicable requirements of the Federal Aviation Administration (FAA), Minnesota Department of Transportation (MnDOT), and Metropolitan Airports Commission (MAC) are satisfactorily met. 5-5 (i) Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with §1007.043 (17) of this Ordinance. (j) Wild game farms and gun clubs provided that: 1. The principal use, function or activity is open, outdoor in character, and the site shall contain a minimum of one hundred (100) acres. structures. 2. Not more than five (5) percent of the land area of the site be covered by buildings or 3. Any operation involving the discharge of firearms shall comply with Section 504 of the City Code. 4. When abutting a residential use and a residential district, the property is screened and landscaped in compliance with § 1007.043 (17) of this Ordinance. (k) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (8) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (9) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R District and governed by § 1007.017 of this Ordinance. 5-6 (a) Temporary Batch Plants. 5-7 \„/ THIS PAGE INTENTIONALLY LEFT BLANK § 1007.081 R -X, RURAL EXECUTIVE DISTRICT. (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: (a) To preserve productive land for agricultural use. (b) To maintain "open space" within and near urban areas. (c) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. (d) To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. (e) To reduce the possibilities of rural -urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. (f) To provide areas for high value, rural residences. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable. except as provided for in § 1007.042 (2)(b). (b) Minimum Lot Width. Three hundred thirty (330) feet, except as provided for in § 1007.042 (2)(b) which shall require a minimum lot width of two hundred (200) feet. (c) Setbacks. (The greater of the following:) 1. From Street. a. Local Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Thirty (30) feet. 3. Side Yard. 5-9 sm a. 1) Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. (d) Rural Lot Resubdivision. Principal and accessory buildings shall be located on a rural lot so as to allow for future resubdivision per § 1007.003 (2)(d) of this Ordinance. (3) Building Requirements. (a) The minimum floor area for single family dwellings measured using the outside building dimensions shall be as follows: Rambler 1,260 square feet 1-1/2 Story 1,092 square feet Split Foyer/Entry 1,248 square feet Split Level -3 level minimum 1,248 square feet Two Story 1,040 square feet (b) All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. (c) All dwellings shall have a double garage. (4) Height Regulations. No building shall be erected or structurally altered to exceed thirty- five (35) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. (5) Permitted Uses. In the R -X District, no building or land shall be used and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: (a) Agriculture, gardening and sod farming. (b) Commercial greenhouses and nurseries. (c) Day care facilities (fourteen (14) or fewer persons). (d) Golf courses and driving ranges. (e) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (0 Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. (g) Public parks. 5-10 Single family detached dwellings. State licensed residential care facility serving six (6) or fewer persons. Temporary stands for the sale of agricultural products produced on the premises in accordance with § 1007.043 (4)(g) of this Ordinance. (k) Community Gardens operated by the city. (6) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -X District: (a) Accessory apartments as regulated by § 1007.049 of this Ordinance. (b) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic and farm supplies, and non-commercial recreational equipment, as regulated by § 1007.043 (4) of this Ordinance. (c) Fences, as regulated by §1007.043 (18) of this Ordinance. (d) Home occupation Level A as regulated by §1007.047 of this Ordinance. (e) Operation, parking, or storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. Code. (g) Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance. (h) Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the City (i) 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 §1007.043 (4) of this Ordinance. (7) Conditional Uses. The following are conditional uses in the R -X District. These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 this Ordinance. (a) Cemeteries provided that: 1. At minimum, the site accesses on a "collector" street. 5-11 2. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with § 1007.043 (17) of this Ordinance. (b) Commercial and public radio and television transmitting antennas, and public utility microwave antennas less than two hundred (200) feet in height as regulated by § 1007.054 of this Ordinance. (c) Commercial Stables, Commercial Kennels, and similar uses provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of this zoning district. 3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. (d) Veterinary Hospitals provided that: 1. Property shall be in conformance with minimum lot size requirements of this zoning district. 2. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 3. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. that: 4. An animal kennel is permitted as an accessory use to the veterinaryhospital provided a. The number of animals boarded shall not exceed forty (40). b. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. 5-12 f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. A commercial kennel license is obtained from the City. 5. The applicable provisions of Chapter 503 are determined to be satisfied. 6. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (e) Day care facilities (exceeding fourteen (14) persons) provided that: 1. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 2. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (f) Planned unit development rural cluster subdivision as per § 1007.024 of this Ordinance. (g) Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (h) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (8) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. 5-13 L (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (9) Interim Uses. Subject to applicable provisions ofthis Ordinance, the following are interim uses in the R -X District and governed by § 1007.017 of this Ordinance. (a) Temporary Batch Plants. L 5-14 RESIDENTIAL DISTRICTS § 1007.090 R-1, SINGLE FAMILY RESIDENTIAL DISTRICT. (1) Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sanitary sewer and water. Land to be zoned R-1 shall be served with public sanitary sewer and water; shall be in a Low Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Ten thousand eight hundred (10,800) square feet contiguous buildable land as defined by § 1007.001 (2). (b) Minimum Lot Width. 1. Interior Lots. Eighty (80) feet. 2. Corner Lots. One hundred (100) feet. 3. Lots of one and one-half (1.5) acres recorded prior to 22 February 1988 may be resubdivided in accordance with the following: a. Interior Lots. Seventy-five (75) feet. b. Corner Lots. Ninety-five (95) feet. (c) Minimum Lot Depth. One hundred thirty-five (135) feet. 1. Double Frontage Lots. One hundred forty-five (145) feet. (d) Building Setbacks. 1. From Streets (Principal and Accessory Buildings) a. Local Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard. 6-1 a. Principal Building. Thirty (30) feet. b. Accessory Building. Five (5) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. (e) Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen (15) foot buffer in accordance with §1007.043 (17). (3) Impervious Surface Coverage. The impervious surface of the property shall not exceed forty percent (40%). (4) Building Requirements. (a) The minimum footprint. less garage area. for a single family dwelling unit shall be as follows: 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level - 3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet (b) All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. (c) All dwellings shall have a double garage at a minimum. (d) All dwellings shall comply with the Design and Construction Standards of § 1007.043 (2). (5) Height Regulations. No building shall be erected or structurally altered to exceed thirty- five (35) feet in height except as allowed by § 1007.043 (3). (6) Sanitary Sewer. No R-1 subdivision creating a lot less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. (7) Permitted Uses. In the R-1 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 6-2 (a) Day care facilities serving fourteen (14) or fewer persons. (b) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (c) Public parks. (d) Single family detached dwellings. (e) State licensed residential care facility serving six (6) or fewer persons. (f) Community Gardens operated by the city. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-1 District: (a) Accessory apartments as regulated by § 1007.048 of this Ordinance. (b) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by §1007.043 (4) of this Ordinance. (c) Fences, as regulated by § 1007.043 (18) of this Ordinance. (d) Home occupation Level A as regulated by §1007.047 of this Ordinance. (e) Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. (f) Parking spaces and car ports for licensed and operable passenger cars and trucks. (g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by §1007.054 of this Ordinance. (h) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance. (i) Signs, as regulated by Chapter 1010 of the City Code. (j) Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This does not include racing/riding courses for off-road vehicles. (9) Conditional Uses. The following are conditional uses in the R-1 District: These uses require a conditional use permit based on the criteria and procedures outlined in §1007.016 of this Ordinance. (a) Cemeteries provided that: 1. At minimum, the site accesses on a collector street. 2. Where abutting a rural or residential zoning district, the periphery ofthe site shall be screened in accordance with § 1007.043 (17) of this Ordinance. (b) Commercial outdoor recreational areas including golf courses, country clubs, driving ranges. swimming pools, and similar facilities provided that: 1. The principal use, function or activity is open, outdoor in character. 2. Not more than five (5) percent ofthe land area of the site be covered by buildings or structures. 3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with §1007.043 (17) of this Ordinance. 4. The site must be accessed via a collector street or arterial street. (c) Day care facilities serving more than fourteen (14) persons provided that: 1. Day care facility has access to municipal sewer and water. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (d) Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: 1. Side yards shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 6-4 3. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (e) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-1 District and governed by § 1007.016 of this Ordinance. (a) None. 6-5 THIS PAGE INTENTIONALLY LEFT BLANK L 6-6 § 1007.091 R -1X, SINGLE FAMILY EXECUTIVE RESIDENTIAL DISTRICT. (1) Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. Land to be zoned R -1X shall be served with public sanitary sewer and water; shall be in a Low Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Twelve thousand eight hundred twenty-five (12,825) square feet contiguous buildable land as defined by § 1007.001 (2) of this Ordinance. (b) Minimum Lot Width. 1. Interior Lots,. Ninety (90) feet. 2. Corner Lots. One hundred fifteen (115) feet. (c) Minimum Lot Depth. One hundred thirty-five (135) feet. 1. Double Frontage Lots. One hundred forty-five (145) feet. (d) Building Setbacks. 1. From Streets (Principal and Accessory Buildings). a. Local Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Five (5) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. 6-7 (e) Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen (15) foot buffer in accordance with §1007.043 (17). (3) Impervious Surface Coverage. The impervious surface of the property shall not exceed forty percent (40%). (4) Building Requirements. (a) The minimum footprint, less garage area, for a single family dwelling unit shall be as follows: Rambler 1,260 square feet 1-1/2 Story 1,092 square feet Split Foyer/Entry 1,248 square feet Split Level - 3 level minimum 1,248 square feet Two Story 1,040 square feet (b) All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. (c) All dwellings shall have a double garage of a minimum six hundred (600) square feet. (d) All dwellings shall comply with the Design and Construction Standards of § 1007.043 (2). (5) Height Regulations. No building shall be erected or structurally altered to exceed thirty- five (35) feet in height except as allowed by §1007.043 (3). (6) Sanitary Sewer. No R -1X subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. (7) Permitted Uses. In the R -1X District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: (a) Day care facilities serving fourteen (14) or fewer persons. (b) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (c) Public parks. (d) Single family detached dwellings. (e) State licensed residential care facility serving six (6) or fewer persons. 6-8 (f) Community Gardens operated by the city. (8) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are permitted accessory uses in the R -1X District: (a) Accessory apartments as regulated by § 1007.048 of this Ordinance. (b) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance. (c) Fences, as regulated by § 1007.043 (18) of this Ordinance. (d) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (e) Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. (f) Parking spaces and car ports for licensed and operable passenger cars and trucks. (g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (h) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance. (i) Signs, as regulated by Chapter 1010 of the City Code. (j) Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests as regulated by § 1007.043 (d). This does not include racing/riding courses for off-road vehicles. (9) Conditional Uses. The following are conditional uses in the R -1X District: These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Cemeteries provided that: 1. At minimum, the site accesses on a collector street. 2. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with § 1007.043 (17) of this Ordinance. 6-9 (b) Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: 1. The principal use, function or activity is open, outdoor in character. 2. Not more than five (5) percent of the land area of the site be covered by buildings or structures. 3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1007.043 (17) of this Ordinance. 4. The site must be accessed via a collector street or arterial street. (c) Day care facilities serving more than fourteen (14) persons provided that: 1. Day care facility has access to municipal sewer and water. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (d) Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: (e) Side yards shall not be less than fifty (50) feet. 1. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (f) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 6-10 (a) Personal wireless service antennas as secondary uses as regulated by § 1007.044 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R -1X District and governed by § 1007.001 of this Ordinance. (a) None. 6-11 § 1007.092 Left blank intentionally 6-12 § 1007.093 R-2, TWO FAMILY RESIDENTIAL DISTRICT. (1) Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single and two family detached homes on lots served with public sewer and water: no land shall be zoned R-2 unless the site is within the MUSA and city sanitary sewer and city water are available. Land to be zoned R-2 shall be served with public sanitary sewer and water; shall be in a Low Density Residential or Medium Density Residential land use category according to the comprehensive plan; and development density shall be consistent with the land use category. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by §1007.001 (2). 1. Two Family. a. Base Lots. Fifteen thousand (15,000) square feet. b. Unit Lots. Seven thousand five hundred (7,500) square feet. 2. Single Family. Seven thousand five hundred (7,500) square feet. (b) Minimum Lot Width. 1. Two Family. a. Base Lots. One hundred (100) feet. b. Unit Lots. Fifty (50) feet. 2. Single Family. a. Interior Lots. Sixty (60) feet. b. Corner Lots. Eighty (80) feet. (c) Minimum Lot Depth. One hundred twenty-five (125) feet. 1. Double Frontage Lots. One hundred thirty-five (135) feet. (d) Building Setbacks. 1. From Streets (Principal and Accessory Buildings). 6-13 a. Local Street._ Twenty-five (25) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard a. Principal Building. Twenty-five (25) feet. b. Accessory Building. Five (5) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. 4. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of a two family dwelling unit. (e) Buffer. Where a side or rear lot line abuts a collector or arterial street a fifteen (1 5) foot wide buffer shall be provided in accordance with §1007.043 (17). (3) Impervious Surface Coverage Area. The impervious surface of the property shall not exceed forty percent (40%) in a Low Density Residential land use area, or fifty percent (50%) in a Medium Density Residential land use area. (4) Building Design Standards. (a) Floor Area. The minimum footprint area, less garage area, for single and two family dwelling units shall be as follows: 1. Single Family Dwellings. 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level — 3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet 2. Two Family Dwellings. Eight hundred (800) square feet first floor above grade, plus one hundred (100) additional square feet for each bedroom. (b) All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 6-14 (c) Garages. All single family dwellings shall have a double garage and shall comply with the following: 1. Compliance with the Building Type and Construction Standards of § 1007.043 (2), and 2. All garages, except side or rear loaded garages, shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 8 feet in depth, and extends across 100 percent of the front facade of the house. The garage shall then not protrude forward of the front porch, and 3. If the garage door faces the street, the length of the garage wall facing the street shall not be greater than fifty percent (50%) of the length of the entire front facade of the structure; except on houses that comply with all of the following conditions: a. The second floor living space extends over the two -car portion of the garage; and b. The garage doors are decorative and have a strip of windows; and c. Garages in excess of two stalls shall be broken up so the additional stalls are recessed four feet from the main garage facade; and d. Garage width does not exceed 32 feet. (d) All dwellings shall comply with the Design and Construction Standards of §1007.043 (2). (5) Height Regulations. No two family dwelling shall hereafter be erected or structurally altered to exceed thirty-five (35) feet in height. (6) Sanitary Sewer. No R-2 subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. (7) Permitted Uses. In the R-2 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: (a) Day care facilities serving sixteen (16) or fewer persons. (b) Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the City. (c) Public parks. (d) Single family detached dwellings. 6-15 (e) State licensed residential care facility serving sixteen (16) or fewer persons. (f) Two family dwellings. (g) Community Gardens operated by the city. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-2 District: (a) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance. (b) Accessory apartments within single family homes as regulated by § 1007.048 of this Ordinance. (c) Fences per §1007.043 (1 8) of this Ordinance. (d) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (e) Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. (f) Parking and car ports for licensed and operable passenger cars and trucks. (g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (h) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance. (i) Signs as regulated by Chapter 1010 of the City Code. (j) Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This does not include racing/riding courses for off-road vehicles. (9) Conditional Uses. The following are conditional uses in the R-2 District: These uses require a conditional use permit based on the criteria and procedures outlines in § 1007.001 of this Ordinance. (a) Commercial outdoor recreational areas including golf courses. country clubs, driving ranges, swimming pools, and similar facilities provided that: 6-16 1. The principal use, function or activity is open, outdoor in character. 2. Not more than five (5) percent of the land area of the site be covered by buildings or structures. 3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1007.043 (17) of this Ordinance. 4. The site shall be accessed via a collector street or arterial street. (b) Day care facilities serving more than sixteen (16) persons provided that: 1. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of §1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (c) Public, educational, and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 (4) of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (d) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 ofthis Ordinance. 6-17 (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-2 District and governed by §1007.016 of this Ordinance: (a) None. 6-18 § 1007.094 R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT. (1) Purpose. This district is intended to provide setting for multiple family structures of up to eight (8) dwelling units per building in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas. Land to be zoned R-3 shall be served with public sanitary sewer and water; shall be in a Medium Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by §1007.001 (2). 1. Base Lots. a. Two Family Dwellings. Fourteen thousand (14,000) square feet. (b) Townhomes and Other Multiple Family Dwellings. Twenty four thousand (24,000) square feet. (c) Minimum Lot Width. 1. Base Lots. One hundred (100) feet. (d) Minimum Lot Depth. There is no minimum lot depth in the R-3 zoning district. (e) Building Setbacks. 1. From Streets (Principal and Accessory Buildings). a. Residential Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. c. Parking Lot from street. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Five (5) feet. c. Parking Lot. Five (5) feet. 6-19 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Five (5) feet. c. Parking Lot. Five (5) feet. 4. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of multi -family dwelling units. 5. From Low Density Residential. Principal buildings shall be a minimum of thirty-five (35) feet from any land guided for low density residential. (f) Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance with § 1007.043 (17). (3) Impervious Surface Coverage Area. The impervious surface of the property shall not exceed fifty percent (50%) in a Medium Density Residential land use area, or sixty-five percent (65%) in a High Density Residential land use area. (4) Building Design Standards. (a) Floor Area. The minimum livable floor area for each multiple family dwelling unit shall be seven hundred (700) square feet plus one hundred (100) additional square feet for each bedroom. (b) Utility Area. Dwellings with dedicated individual access shall be required to provide an additional one hundred (100) square feet of floor area to house utilities, unless a basement is present. Dwellings with shared access shall be required to provide adequate floor area within the building to house utilities. (c) All dwelling units shall have parking provided in accordance with § 1007.044 (6). (d) All dwellings shall comply with the Design and Construction Standards of §1007.043 (2). (5) Height Regulations. No building shall be erected or structurally altered to exceed the height of the greater of three stories or thirty-six (36) feet in height except as allowed by § 1007.043 (3). (6) Sanitary Sewer. No R-3 subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. 6-20 (7) Permitted Uses. In the R-3 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: (a) Day care facilities serving sixteen (16) or fewer persons. (b) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (c) Multiple dwellings containing eight (8) units or less. (d) Public parks. (e) State licensed residential care facility serving sixteen (16) or fewer persons. (f) Townhomes and quadraminiums. (g) Two family dwellings. (h) Community Gardens operated by the city. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-3 District: (a) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance. (b) Fences per § 1007.043 (18) of this Ordinance. (c) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (d) Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. (e) Parking and car ports for licensed and operable passenger cars and trucks. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (g) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance. (h) Signs as regulated by Chapter 1010 of the City Code. 6-21 (i) Swimming pools, sport courts, and other recreational facilities which are operated for the use ofthe residents ofthe principal use and their guests as regulated by § 1007.043 (4). This does not include racing/riding courses for off-road vehicles. (9) Conditional Uses. The following are conditional uses in the R-3 District: These uses require a conditional use permit based upon the criteria and procedures outlined in § 1007.001 of this Ordinance. (a) Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: 1. The principal use, function or activity is open, outdoor in character. 2. Not more than five (5) percent of the land area of the site be covered by buildings or structures. 3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1007.043 (17) of this Ordinance. 4. The site shall be accessed via a collector street or arterial street. (b) Day care facilities serving more than sixteen (16) persons provided that: 1✓ 1. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (c) Public, educational and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1007.044 6-22 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (d) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by §i 007.054 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-3 District and governed by § 1007.017 of this Ordinance. (a) None. 6-23 THIS PAGE INTENTIONALLY LEFT BLANK 6-24 ooist § 1007.095 R-4, HIGH DENSITY RESIDENTIAL DISTRICT. (1) Purpose. This district is intended to provide setting for multiple family housing in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas. Land to be zoned R-4 shall be served with public sanitary sewer and water; shall be in a High Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. (2) Lot and Yard Requirements. (a) Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by §1007.001 (2). 1. Base Lots. a. Two Family. Twelve thousand (12,000) square feet. b. Townhome/Quadraminium and Other Multiple Family Dwellings_ Twenty thousand (20.000) square feet. (b) Minimum Lot Width. 1. Base Lots. One hundred (100) feet. (c) Minimum Lot Depth. There is no minimum lot depth in the R-4 zoning district. (d) Building Setbacks. 1. From Streets. a. Residential Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. c. Parking Lot From Street. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Five (5) feet. c. Parking Lot. Five (5) feet. 6-25 3. Side Yard. a. Principal Building. Twenty (20) feet. b. Accessory Building. Five (5) feet. c. Parking Lot. Five (5) feet. 4. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of multi -family dwelling units. 5. From Low Density Residential District. Principal buildings shall be a minimum of thirty-five (35) feet from any land guided for low density residential. (e) Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a fifteen (20) foot wide buffer shall be provided in accordance with §1007.043 (17). (3) Impervious Surface Coverage Area. The impervious surface of the property shall not exceed sixty-five percent (65%). (4) Building Design Standards. �✓ (5) Floor Area. The minimum livable floor area for each multiple family dwelling unit shall be seven hundred (700) square feet plus one hundred (100) additional square feet for each bedroom. (6) Utility Area. Dwellings with dedicated individual access shall be required to provide an additional one hundred (100) square feet of floor area to house utilities, unless a basement is present. Dwellings with shared access shall be required to provide adequate floor area within the building to house utilities. (7) All dwellings shall provide parking in accordance with §1007.044 (11). (8) All dwellings shall comply with the Design and Construction Standards of §1007.043 (2). (9) Height Regulation. No building shall be erected or structurally altered to exceed forty-five (45) feet in height—or, for a multiple dwelling building, the greater of four (4) stories or forty-five (45) feet—except as allowed by §1007.043 (3). (10) Sanitary Sewer. No R-4 subdivision creating a lot less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. (11) Permitted Uses. In the R-4 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 6-26 (a) Day care facilities serving sixteen (16) or fewer persons. (b) Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. (c) (d) (e) (0 (g) (h) Multiple family dwellings. Public parks. State licensed residential care facility serving sixteen (16) or fewer persons. Townhomes and quadraminiums. Two family dwellings. Community Gardens operated by the city. (12) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are permitted accessory uses in the R-4 District: (a) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance. (b) Fences per § 1007.043 (18) of this Ordinance. (c) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (d) Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. (e) Parking and car ports for licensed and operable passenger cars and trucks. (0 Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (g) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance. (h) Signs as regulated by Chapter 1010 of the City Code. (i) Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This does not include racing/riding courses for off-road vehicles. 6-27 (13) Conditional Uses. The following are conditional uses in the R-4 District: These uses require a conditional use permit based upon the criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Clinics, hospitals and nursing homes provided that: 1. Side yards are double the minimum requirements established for this district and are screened in compliance with §1007.043 (17) of this Ordinance. 2. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with § 1007.043 (17) of this Ordinance. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 4. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. 5. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. 6. Adequate off-street parking is provided in compliance with § 1007.044 of this Ordinance. 7. Adequate off-street loading space is provided in compliance with § 1007.045 this Ordinance. (b) Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: 1.The principal use, function or activity is open, outdoor in character. 2.Not more than five (5) percent of the land area of the site be covered by buildings or structures. 3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1007.043 (17) of this Ordinance. 4.The site shall be accessed via a collector street or arterial street. (c) Day care facilities serving more than sixteen (16) persons provided that: 1. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 6-28 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (d) Funeral homes and mortuaries provided that: 1. The site and related parking and service entrances are served by an arterial or collector street or sufficient capacity to accommodate the traffic which will be generated. 2. Adequate off-street parking is provided in compliance with §1007.044 of this 3. Adequate off-street loading is provided in compliance with §1007.045 of this 4. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. Ordinance. Ordinance. 5. When abutting residential zoning districts, a buffer area with screening and landscaping in compliance with § 1007.043 (17) of this Ordinance shall be provided. 6. All signing and information or visual communications devices shall be in compliance with Appendix C of the City Code. (e) Public, educational and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (0 Home Occupation Level C as regulated by § 1007.047 of this Ordinance. 6-29 (14) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed in the R-4 District by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (15) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-4 District and governed by § 1007.017 of this Ordinance. (a) None. 6-30 § 1007.086 R-6, MANUFACTURED HOME PARK DISTRICT. (1) Purpose. This district is intended to provide opportunities whereby manufactured housing may be located on a leased or rented site in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured home parks are required to conform to the provisions of this section and other appropriate sections of this Ordinance. Land to be zoned R-6 and any new manufactured home park shall be served with public sanitary sewer and water; and the density of the park shall be consistent with the land use category according to the Comprehensive Plan. (2) Lot and Yard Requirements. (a) Minimum Park Size. Five (5) acres. (b) Minimum Lot or Site Size. Six thousand (6,000) square feet per unit exclusive of roadways, walkways or other property used for park purposes. (c) Minimum Lot or Site Width. Sixty (60) feet measured at right andes to its side lines. (d) Setbacks. (The greater of the following:) 1. From Public Streets. a. Local Street. Thirty (30) feet. b. Collector Street. Forty (40) feet. 2. Front Yard. a. Private Park Street. Twenty (20) feet. b. Common Park Walk. Ten (10) feet. 3. Rear Yard. Ten (10) feet. 4. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may be reduced to zero, if it is part of an overall park plan to maximize private yard space for each unit. This zero side yard setback allowance will only be permitted if the distance to the manufactured home that shares that side lot line is at least thirty (30) feet in distance. 5. There shall not be less than twenty (20) feet of space between manufactured homes in all directions. 6-31 6. From Low Density Residential. Principal buildings shall be a minimum ofthirty-five (35) feet from any land guided for low density residential. (e) Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance with §1007.043 (17). (3) Park Requirements. (a) Skirt. All manufactured homes shall have skirts around the entire unit made of metal, plastic, fiberglass or comparable, non-combustible material approved by the Building Official and shall be finished to be harmonious with the manufactured home so that it will enhance the general appearance thereof. (b) Parking. The parking of more than one (1) manufactured home on any single lot shall not be permitted. (c) Fire Protection. Fire protection shall be in accordance with Minnesota Health Department Rule 187 Fire Protection Regulations. Each occupied manufactured home shall be equipped with a Fire Marshal approved type extinguisher in usable condition. The occupant of a manufactured home shall be responsible for providing such extinguisher. (d) Support and Tie Down Systems. The Minnesota Department of Administration Building Code Division Rules for Manufactured Home Support and Tie Down Systems, authorized by Minnesota Statutes Section 327.31 to 327.34, are hereby adopted by reference and made a part of this Ordinance as if fully set forth herein. All new and relocated manufactured homes shall be equipped with an anchoring and support system as defined and approved by state rules. (e) Construction Material Storage. All construction materials not currently in use for construction shall be stored indoors, or totally screened from the eye level view from public streets and adjacent properties. (f) Drainage. Every manufactured home park shall be located on a well drained area and the premises shall be properly graded so as to prevent the accumulation of storm or other waters. (g) Common Walks. Where deemed necessary, common walks shall be provided. Such walks shall be a minimum width of three (3) feet. (h) Individual Walks. All manufactured homes shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet. (i) Patio. A patio may be constructed on the ground beside each manufactured home parking space; this patio shall be not greater than one hundred fifty (150) square feet in area and constructed of concrete with a minimum thickness of four (4) inches or approved equal. 6-32 (j) Shade Tree. At least one (1) shade tree (minimum diameter two (2) inches at time of planting) shall be placed and maintained on each site or lot. (k) Landscaping. Except for the areas used for the manufactured home, patio, walkways and off-street parking space, the entire site or lot shall be sodded, seeded or adequately landscaped. (1) Street Access. Each unit shall abut on and have access to a street. This street shall be constructed according to standards approved by the City. (m) Curbing. A concrete curb and gutter shall be constructed on each side of the street and the face of its curb shall be at least fifteen (15) feet from the centerline of said street; the design shall be of a type approved by the City. (n) Speed Limit. Speed limit signs shall be clearly posted throughout the manufactured home park. Ten (10) miles per hour shall be the maximum speed posted. (o) Parking. 1. Each manufactured home site shall have off-street parking space paved with concrete and/or bituminous for two (2) automobiles. 2. Each manufactured home park shall maintain a hard surfaced off-street parking lot for guests of occupants of at least one (1) space for each five (5) manufactured home lots. 3. Access drives off roads to all parking spaces and manufactured home lots shall be surfaced with concrete or bituminous according to specifications established by the City. 4. There shall be a separate area of storage provided for boats, boat trailers, travel trailers, etc. The area shall be located away from any public road and shall be fenced and screened from view of public road and adjacent properties. (p) Utilities. 1. All manufactured homes shall be served by a central water and sanitary sewer system. 2. All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. 3. Access in the skirting shall be provided to allow the inspection of plumbing, electrical facilities and related manufactured home equipment. 6-33 4. Water facilities, sewage disposal and street lighting shall be installed and maintained by the owner of the manufactured home park and shall meet all appropriate standards established by the City. (q) Street Lighting. The park shall have a street lighting plan approved by the City. (r) Accessory Buildings. Any accessory building for outside storage of equipment or refuse shall be constructed of weather resistant material and be finished in a manner conforming with the appearance of the principal dwelling and shall be consistent in appearance with the other accessory buildings in the manufactured home park. (s) Community Building. All manufactured home parks may have a central community building with laundry drying areas and washing machines. (t) Emergency Storm Protections. Manufactured home parks established prior to 1 July 1993 shall comply with emergency room protections as required by Minnesota Statutes. A new manufactured home park established after 1 July 1993 shall have storm shelters in compliance with Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council. (u) Recreational Space. All manufactured home parks shall have at least ten (10) percent of the land area developed for recreational use (sport courts, children's play equipment, swimming pool, golf green, etc.) developed and maintained at the owner's expense. (v) Refuse Handling. The handling of refuse shall be in compliance with the applicable provisions of § 1007.043 (5) of this Ordinance. The refuse handling shall be allowed provided such equipment is screened from adjacent uses, and all public and private street rights-of-way. (4) Permitted Uses. In the R-6 District, unless otherwise provided in this Ordinance, no building or land shall be used and no building shall be erected or structurally altered except for one or more of the following uses: (a) Community/recreation buildings. (b) Manufactured homes. (c) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (d) Community Gardens operated by the city. (e) Day care facilities serving fourteen (14) or fewer persons. (f) State licensed residential care facility serving six (6) or fewer persons. 6-34 (5) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-6 District: (a) Accessory buildings, including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance. (b) Civil defense buildings/storm shelters. (c) Community laundry facilities, park office, recreational building(s) provided such structures are of a permanent nature and comply with the provisions of the State Building Code. (d) Fences per § 1007.043 (18) of this Ordinance. (e) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (f) Signs as regulated by Chapter 1010 of the City Code. (g) Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This does not include racing/riding courses for off-road vehicles. (6) Conditional Uses. The following are conditional uses in the R-6 District: These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Day care facilities serving more than fourteen (14) persons provided that: 1. Day care facility has access to municipal sewer and water. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (7) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed in the R-6 District by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. 6-35 (b) Transient Merchants. (8) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-6 District and governed by § 1007.017 of this Ordinance. (a) None. (9) Review and Approval Procedures. No person shall establish, develop, extend or enlarge a manufactured home park within the City of Lino Lakes without first obtaining approval from the City Council with review by the Planning and Zoning Board. Approval shall be granted only upon compliance with all of the following: (a) Planning and Zoning Board Review. The Planning and Zoning Board shall review all applications for manufactured home parks and shall hold public hearings as deemed necessary or proper. The findings and recommendations of the Planning and Zoning Board shall be forwarded to the City Council for action. (b) Approval or Denial. The City Council shall consider and act on the application. Approval shall be granted only upon compliance with all of the procedures and requirements established in this ordinance. (c) Submission Requirements. Submission for manufactured home park approval shall include the following: 1. All submittal requirements for a zoning amendment and/or conditional use permit, as appropriate, required by §1007.015 through §1007.024 as amended. If the site is to be subdivided, the submittal also must comply with the requirements of Chapter 1001 of the City Code. 2. Proof ofAgency Review. The applicant shall provide proof that the plans submitted have been approved by the State of Minnesota Department of Health, and have satisfied all other federal, state, county, city and watershed district laws and regulations. (d) Access. It shall be the duty of the park owner to give the Building Inspector free access to all lots at reasonable times for the purposes of inspection. 6-36 BUSINESS DISTRICTS § 1007.110 NB, NEIGHBORHOOD BUSINESS DISTRICT. (1) Purpose. The purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. No new land shall be zoned NB, Neighborhood Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water are available. (2) Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lot. Eleven thousand two hundred fifty (11,250) square feet. 2. Unsewered Lot. Ten (10) acres, in accordance with applicable provisions of § 1007.041 of this Ordinance. (b) Minimum Lot Width. 1. Sewered Lot -Interior. Seventy-five (75) feet. 2. Sewered Lot -Corner. One hundred (100) feet. 3. Unsewered Lot. One hundred fifty (150) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Principal Building - Local Street. Thirty (30) feet. b. Principal Building - Collector or Arterial Street. Forty (40) feet. c. Parking Lot. Fifteen (15) feet. 7-1 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot/Driveway: Ten (10) feet. 3. Side Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot Driveway: Ten (10) feet. 4. From Residential District. Thirty-five (35) feet. 5. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. (3) Height Regulations. No building in the NB District shall be erected or structurally altered to exceed thirty-five (35) feet in height. (4) Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent pervious landscaped area. (5) Building Requirements. All newly constructed commercial buildings shall meet the exterior building standards of § 1007.043 (2)(d) of this Ordinance. (6) Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. (a) Adult use — accessory. (b) Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. (c) Office business — clinic. (d) Office business — general. 7-2 (e) Personal services (subject to any licensing requirements of City Code, County or State). (f) Restaurant without drive-through service facilities and without outdoor dining or seating. (g) Retail business without drive-through service facilities. (h) Service business — on-site without drive-through service facilities. (i) Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. (j) Community Gardens operated by the city. (7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the NB District: (a) Accessory buildings and structures as regulated by § 1007.043 (4)(i) of this Ordinance. (b) Fences, as regulated by § 1007.043 (18) of this Ordinance. (c) Off-street loading as regulated by § 1007.045 of this Ordinance. (d) Off-street parking as regulated by § 1007.044 of this Ordinance. (e) Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.053 of this Ordinance. (g) City Code. Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the (h) Home Occupation Level A as regulated by § 1007.047 of this Ordinance. (8) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Commercial day care facilities provided that: 7-3 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). (b) Planned unit development — commercial including shopping centers as regulated by § 1007.024 of this Ordinance. (c) Specialty schools such as music, dance or business schools provided that: 1. Provisions are made to buffer and screen any adjoining residential uses. 2. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of §1007.054 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. (d) Transient Merchants. (10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the NB District and are governed by § 1007.017 of this Ordinance: (a) None. 7-4 § 1007.111 LB, LIMITED BUSINESS DISTRICT. (1) Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an `office park" development. Also, the LB District can be used as a transitional district or buffer between non -compatible uses such as intense commercial (GB) and residential uses. No new land shall be zoned LB, Limited Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. (2) Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lots. Fifteen thousand (15,000) square feet. 2. Unsewered Lots. Ten (10) acres in accordance with applicable provisions of § 1007.041 of this Ordinance. (b) Minimum Lot Width. 1. Sewered Lots. One hundred (100) feet. 2. Unsewered Lots. One hundred fifty (150) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Principal Building - Local Street. Thirty (30) feet. b. Principal Building - Collector or Arterial Street. Forty (40) feet. c. Parking Lot. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot. Ten (10) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. 7-5 L,, L b. Accessory Building. Ten (1 0) feet. c. Parking Lot/Driveway. Ten (10) feet. 4. From Residential District. Thirty-five (35) feet. 5. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. (3) Height Regulations. No building in the LB District shall exceed a height of three (3) stories or thirty-six (36) feet, whichever is higher. (4) Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent pervious landscaped area. (5) Building Requirements. All newly constructed buildings shall meet the exterior building standards of §1007.043 (2)(d) of this Ordinance. (6) Permitted Uses. In the LB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. (a) Adult use — accessory. (b) Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. (c) (d) (e) (0 State). (g) Liquor sales — on and off sale. Office business — clinic. Office business — general. Personal services (subject to any licensing requirements of City Code, County or Residential extended care facilities such as nursing homes. (h) Restaurants and Brew Pubs without drive-through service facilities and without outdoor dining or seating. (i) Retail business. (j) Service business — off-site. 7-6 (k) Service business — on-site, without drive-through facilities. (1) Community Gardens operated by the city. (7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the LB District: (a) Accessory buildings and structures as regulated by §1007.043 (4)(i) of this Ordinance. (b) Fences, as regulated by § 1007.043 (18) of this Ordinance. (c) Off-street loading as regulated by § 1007.045 of this Ordinance. (d) Off-street parking as regulated by § 1007.044 of this Ordinance. (e) Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.053 of this Ordinance. (g) City Code. Signs, as regulated by the city sign ordinance, Ord. No. 12-97. as amended. of the (h) Home Occupation Level A as regulated by § 1007.047 of this Ordinance. (8) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in §1007.016 of this Ordinance. (a) Accessory drive-through facilities provided that: 1. Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty (60) feet per lane. 2. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space. 3. No part of the public street or boulevard may be used for stacking of automobiles. 7-7 L., 4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 5. The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way. 6. A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with § 1007.043 (6) of this Ordinance. (b) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of §1007.043 (17) of this Ordinance. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 4. Adequate off-street loading spaces in compliance with § 1007.045 of this Ordinance. (c) Motor fuel stations provided that: 1. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 2. Architectural Standards. a. As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. b. The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. c. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to § 1007.043 (2) of this Ordinance. 7-8 d. Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. e. Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. f. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. 3. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: a. The edge of the canopy shall be thirty (30) feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained. b. The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi -trailer truck passing underneath. c. The canopy fascia shall not exceed three (3) feet in vertical height. d. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source of fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. e. The architectural design, colors. and character of the canopy shall be consistent with the principal building on the site. f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: i. The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right-of-way. gas pumps. standards: g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the 4. Pump Islands. Pump islands shall comp]} with the following performance 7-9 a. Pump islands shall be elevated six (6) inches above the traveled surface of the site. b. All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty-four (24) feet. 5. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following: a. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. b. A minimum pool depth of four (4) feet. c. A minimum oil containment capacity of eight hundred (800) gallons. d. Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. 6. Landscaping. a. At least thirty-five (35) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. b. At the boundaries of the lot, the following landscape area shall be required: i. From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance. ii. From all road rights-of-way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance. iii. Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with § 1007.043 (17) of this Ordinance. iv. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. 7-10 7. Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of- way and shall be in compliance with § 1007.043 (6) of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: a. Canopy Lighting. Canopy lighting under the canopy structure shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. b. Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. c. Illumination. Maximum site illumination shall not exceed four -tenths (0.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. d. Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with § 1007.044 of this Ordinance. 8. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi -trailer truck. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. 9. Parking. a. Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). b. Parking spaces shall be screened from abutting residential properties in compliance with § 1007.043 (19) of this Ordinance. 10. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 1007.043 (10) of this Ordinance. 11. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: a. Public phones may be located on site as long as they do not interrupt on-site traffic circulation, and are not located in a yard abutting residentially zoned property. 7-11 L L b. Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. c. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. d. A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation. e. Accessory outdoor services, sales, or rental as regulated by §1007.111 (7)(e) of this Ordinance. 12. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. 13. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. (d) Planned unit development — commercial including shopping centers as regulated by § 1007.024 of this Ordinance. (e) Private lodges and clubs provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of this Ordinance. (0 Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: 7-12 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in §1007.043 (17) of this Ordinance. 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of this Ordinance. (g) Specialty schools such as music, dance or business schools provided that: 1. Provisions are made to buffer and screen any adjoining residential uses. 2. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (h) Residential apartments accessory to permitted or conditional uses in the LB District provided that: 1. The apartment is located in the same building as the principal use. 2. Residential and non-residential use are not contained on the same floor. 3. The residential and non-residential uses do not conflict in any manner. (9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of §1007.054 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. (d) Transient Merchants. 7-13 `..i (10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the LB District and are governed by §1007.017 of this Ordinance: (a) None. L., § 1007.112 GB, GENERAL BUSINESS DISTRICT. (1) Purpose. There are areas containing a wide variety of business uses including retail, service, and semi -industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. (2) Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lot. Twenty thousand (20,000) square feet. 2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of §1007.041 of this Ordinance. (b) Minimum Lot Width. One hundred (100) feet. (c) Setbacks, (The greater of the following:) 1. From Streets. a. Principal Building - Local Street. Thirty (30) feet. b. Principal Building - Collector or Arterial Street. Forty (40) feet. c. Parking Lot/Driveway. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Thirty (30) feet. b. Accessory Building. Five (5) feet. c. Parking Lot. Ten (10) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot . Ten (10) feet. 4. From Residential District. Thirty-five (35) feet. 7-15 5. Between Principal Buildings. Not less than one-half (1/2) the sum of the building heights of the two (2) buildings. (3) Height Regulations. No building in the GB District shall be erected or structurally altered to exceed forty-five (45) feet in height. (4) Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than seventy-five (75) percent of the lot area resulting in less than twenty-five (25) percent pervious landscaped area. (5) Building Requirements. All newly constructed buildings shall meet the exterior building standards of § 1007.043 (2)(d) of this Ordinance. (6) Permitted Uses. In the GB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. (a) Adult use — principal and accessory. (b) Governmental and public regulated utilities, buildings, and structures necessary for the health, safety, and general welfare of the City. (c) Commercial greenhouses and nurseries. (d) Hospitality business. (e) Liquor sales, on and off sale. (f) Office business — clinical. (g) Office business — general. (h) Personal Services. (Added per Ord 21-03) (i) 9 Recreational business contained entirely within the principal building. (j) Restaurants and Brew Pubs with or without drive-through facilities, without outdoor dining or seating. (k) Retail business. (1) Service business — off-site. (m) Service business — on-site. 7-16 (n) Specialty schools such as music, dance, gymnastics, or business/trade schools. (o) Theaters. (p) Community Gardens operated by the city. (7) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the GB District: (a) Accessory buildings and structures as regulated by §1007.043 (4)(i) of this Ordinance. (b) Drive-through service facilities: 1. Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty (60) feet per lane. 2. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space. 3. No part of the public street or boulevard mai be used for stacking of automobiles. 4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 5. The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way. 6. A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with § 1007.043 (6) of this Ordinance. (c) Fences, as regulated by § 1007.043 (18) of this Ordinance. (d) Off-street loading as regulated by § 1007.045 of this Ordinance. (e) Off-street parking as regulated by § 1007.044 of this Ordinance. (f) Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building. (g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of 7-17 electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.053 of this Ordinance. (h) Signs, as regulated by the city sign ordinance. Ord. No. 12-97, as amended. of the City Code. (i) Home Occupation Level A as regulated by § 1007.047 of this Ordinance. (8) Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Automobile and truck repair (including body shops) provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. 2. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. 3. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. vehicles. c. The trash enclosure must be in an accessible location for pick up hauling d. The trash enclosure must be fully screened from view of adjacent properties. 4. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. 5. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. 7-18 6. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. 7. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. 8. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. (b) Bus garage provided that: 1. When abutting a residential use or residential district, the property shall be screened and landscaped in accordance with § 1007.043 (17) of this Ordinance. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. 3. The entire area other than occupied by the building or planting shall be surfaced with blacktop or concrete which will control dust and drainage which is subject to the approval of the City Engineer. 4. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 5. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 6. Provisions are made to control and reduce noise. 7. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 8. Motor fuel activities associated with the bus service shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. (c) Commercial car washes (drive-through, mechanical and self-service) provided that: 1. The site is serviced by municipal sanitary sewer. 7-19 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. 3. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with § 1007.043 (17) of this Ordinance. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 1007.043 (17) of this Ordinance. 6. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with §1007.043 (6) of this Ordinance. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 10. Provisions are made to control and reduce noise. (d) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of § 1007.043 (19) of this Ordinance. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 4. Adequate off-street loading spaces in compliance with §1007.045 of this Ordinance. (e) Contractor shops and offices provided that: 7-20 1. All outside storage is prohibited. The storage of contractor equipment and materials must be completely inside. 2. When abutting a residential land use, a buffer area with screening and landscaping in compliance with §1007.043 (17) of this Ordinance is provided. (f) Hospitals provided that: 1. Side yards are double the minimum requirements established for this district and are screened in compliance with § 1007.043 (17) of this Ordinance. 2. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 3. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. 4. Adequate off-street loading space is provided in compliance with §1007.045 of this Ordinance. (g) Motor fuel stations provided that: 1. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 2. Architectural Standards. a. As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. b. The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. c. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to § 1007.043 (2) of this Ordinance. d. Exterior wall treatments like brick. stone (natural or artificial), decorative concrete block and stucco shall be used. 7-21 e. Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. f. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. 3. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: a. The edge of the canopy shall be thirty (30) feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained. b. The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi -trailer truck passing underneath. c. The canopy fascia shall not exceed three (3) feet in vertical height. d. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. e. The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: i. The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right-of-way. gas pumps. standards: the site. g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the 4. Pump Islands. Pump islands shall comply with the following performance a. Pump islands shall be elevated six (6) inches above the traveled surface of 7-22 b. All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty-four (24) feet. 5. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following: a. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. b. A minimum pool depth of four (4) feet. c. A minimum oil containment capacity of eight hundred (800) gallons. d. Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. 6. Landscaping. a. At least twenty-five (25) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. b. At the boundaries of the lot, the following landscape area shall be required: i. From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance. ii. From all road rights-of-way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance. iii. Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with §1007.043 (17) of this Ordinance. iv. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. 7. Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of- way and shall be in compliance with §1007.043 (6) of this Ordinance. A comprehensive lighting 7-23 plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: a. Canopy Lighting. Canopy lighting shall only be permitted under the canopy structure, and shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. b. Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. c. Illumination. Maximum site illumination shall not exceed four -tenths (.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. d. Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with § 1007.044 of this Ordinance. 8. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi -trailer truck. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. 9. Parking. a. Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). b. Parking spaces shall be screened from abutting residential properties in compliance with §1007.043 (17) of this Ordinance. 10. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 1007.043 (10) of this Ordinance. 11. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: a. Public phones may be located on site as long as they do not interrupt on-site traffic circulation, and are not located in a yard abutting residentially zoned property. b. Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. 7-24 Large, bulk sale propane tanks must meet all applicable building and fire code requirements. c. A compressed air service area be located on site as long as it does not interrupt on-site traffic circulation. d. Accessory outdoor services, sales, or rental as regulated by §1007.112 (7)(f) of this Ordinance. 12. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. 13. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. (h) Outdoor recreation facilities provided that: 1. The facilities are an accessory use to a principal use allowed within the GB District. 2. The facilities meet the principal building setbacks. 3. The facilities shall maintain a fifty (50) foot setback from residential districts. 4. The facilities shall be screened from adjoining properties or public rights-of-way. 5. The City may set limits on the hours of operation to avoid nuisance issues. (i) Motor Vehicle Sales Lot provided that: 1. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 1007.043 (17) of this Ordinance. 2. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. 3. The entire sales lot and off-street parking area is paved. 4. Parking for customers and employees must be provided in compliance with § 1007.044 (6)(x). 5. For automobile sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided exclusive of required parking areas. Minimum sales 7-25 area for all other motor vehicles will be determined by the City Council during the review of the conditional use permit. 6. A perimeter curb is provided around the sales/parking lot. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with §1007.043 (6) of this Ordinance. 8. Vehicles for sale shall be displayed in an orderly manner. (j) Planned unit development — commercial including shopping centers regulated by §1007.024 of this Ordinance. (k) Private lodges and clubs provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of this Ordinance. (1) Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in § 1007.043 (17) of this Ordinance. 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in §1007.043 (17) of this Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by §1007.045 of this Ordinance. 7-26 (m) Small engine and boat repair provided that: 1. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 1007.043 (6) of this Ordinance. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with § 1007.043 (17) of this Ordinance. 3. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with §1007.044 of this Ordinance and shall be subject to the approval of the City Engineer. 4. Provisions are made to control and reduce noise. 5. No outside storage, repair or sales except in compliance with §1007.112 (7)(f) or §1007.112 (8)(i) of this Ordinance shall be allowed. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. (n) Veterinary Hospitals provided that: "Th 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 2. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 3. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: a. The number of animals boarded shall not exceed twenty (20). b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 7-27 d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 4. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. 5. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of §1007.055 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. (d) Open Air Markets. (e) Transient Merchants. (10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the GB District and are governed by § 1007.017 of this Ordinance: (a) None. 7-28 § 1007.113 CB, CENTRAL BUSINESS DISTRICT AND SC, SHOPPING CENTER DISTRICT (1) Land formerly within a CB, Central Business District or SC, Shopping Center District is hereby zoned GB, General Business District. (as amended per Ord. No. 04-05) 7-29 L § 1007.114 SC, SHOPPING CENTER DISTRICT/PDO, PLANNED DEVELOPMENT OVERLAY (1) Land formerly within a SC, Shopping Center District that has been rezoned to PDO, Planned Development Overlay prior to adoption of this ordinance shall be subject to the provisions of the PDO ordinance. Where provisions are not specified within the PDO ordinance the property shall be governed by the requirements of the GB, General Business District. (as amended per ord. No. 04-05) 7-30 INDUSTRIAL DISTRICTS § 1007.120 LI, LIGHT INDUSTRIAL DISTRICT. (1) Purpose. These areas are intended to attract and encourage new light industrial, high- tech business and professional services. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. LI uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. No new land shall be zoned LI, Light Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. (2) Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lot. One (1) acre. 2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of § 1007.041 of this Ordinance. feet. (b) Minimum Lot Width. One hundred (100) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Principal and Accessory Building - Local Street. Thirty (30) feet. b. Principal and Accessory Building - Collector or Arterial Street. Fifty (50) c. Parking Lot. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Fifteen (15) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot. Five (5) feet. 8-1 3. Side Yard a. Principal Building. Ten (10) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot. Five (5) feet. 4. From property guided by the comprehensive plan for residential development. Seventy-five (75) feet. (3) Buffer. Where a side or rear lot line in an LI District coincides with an adjacent public road right-of-way or property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than forty (40) feet in depth and shall contain landscaping, planting, berming or other effective screening suitable to provide an effective screen in compliance with §1007.043 (17)(f) of this Ordinance. (4) Maximum Building Height. Forty-five (45) feet in height, except as allowed by §1007.043 (3). (5) Maximum Impervious Surface Coverage. Seventy-five (75) percent of the lot area. (6) Building Requirements. All newly constructed industrial buildings shall meet the exterior building standards of § 1007.043 (2)(d) of this Ordinance. (7) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses in the LI District. (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Carpet and rug cleaning. (d) Community gardens operated by the city. (e) Construction -related businesses, including shops and offices for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, general contracting and similar uses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (f) Feed and seed sales. (g) Greenhouses, nurseries. 8-2 AWN *Ott. (h) Laundry, dry cleaning or dying plant. (i) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (j) Mass transit terminals. (k) Office business—clinic and general. (1) Radio and television stations. (m) Recreational business contained entirely within the principal building. (n) Research laboratories (o) Trade or Business schools. (p) Warehousing and distribution facilities, but not including truck freight trucking terminal or mini self -storage facilities per § 1007.001 (2) of this Ordinance. (q) Wholesale businesses/showrooms. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the LI District: (a) Accessory buildings and structures as regulated by § 1007.043 (4)(j) of this Ordinance. (b) Accessory indoor retail, rental or service activities other than that allowed as a permitted or conditional use within the Light Industrial zoning district, provided such use is related and accessory to a principle use allowed within the Light Industrial zoning district. (c) Fences as regulated by § 1007.043 (18) of this Ordinance. (d) Off-street loading as regulated by § 1007.045 of this Ordinance. (e) Off-street parking as regulated by § 1007.044 of this Ordinance. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.053 of this Ordinance. (g) Signs as regulated by Chapter 1010 of the City Code. 8-3 (h) Brewer taprooms accessory to a malt liquor beverage production and bottling facility. (i) Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production and bottling facility. (9) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LI District. These uses require a conditional use permit based on criteria and procedures outlined in § 1007.016 of this Ordinance. (a) Automobile and truck repair provided that: 1. All painting must be conducted in an approved paint booth per § 1007.043 (8). 2. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. 3. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. (b) Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by § 1007.053 of this Ordinance. (c) Commercial Kennels, provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Cages, enclosures and housing facilities shall be at least five hundred (500) feet from any residential property line. 3. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be enclosed by an eight (8) foot high solid fence. 4. All animals shall be housed indoors for overnight boarding. (d) Mini self -storage facilities provided that: 1. No single building shall be greater than one hundred fifty (150) feet in length. 2. If an "on -premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code. 8-4 3. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the mini self -storage facility. (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with § 1007.043 (17)(f) of this Ordinance. 3. The entire storage area is fenced and secured in an appropriate manner. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. 6. The property shall not abut I -35W or I -35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. 8. All parking, loading and truck staging activities shall occur on site. On -street parking and loading associated with the use is prohibited. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. (f) Veterinary Hospitals provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 2. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 3. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: a. The number of animals boarded shall not exceed forty (40). 8-5 b. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal use. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 4. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. 5. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of this Ordinance. (b) Telecommunication towers as regulated by § 1007.053 of this Ordinance. (c) Temporary mobile towers as regulated by § 1007.053 of this Ordinance. (d) Open Air Markets. (e) Transient Merchants. (f) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of § 1007.054 are met. 8-6 (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the LI District and are governed by §1007.017 of this Ordinance: (a) Temporary Batch Plants. 8-7 THIS PAGE INTENTIONALLY LEFT BLANK 8-8 § 1007.121 GI, GENERAL INDUSTRIAL DISTRICT. (1) Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. No new land shall be zoned GI, General Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. (2) District, Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lot. One (1) acre. 2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of §1007.041 of this Ordinance. feet. (b) Minimum Lot Width. One hundred (100) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Principal and Accessory Building - Local Street. Fifty (50) feet. b. Principal and Accessory Building - Collector or Arterial Street. Fifty (50) c. Parking Lot. Fifteen (15) feet. 2. Rear Yard. a. Principal Building. Fifteen (15) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot. Five (5) feet. 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot. Ten (10) feet. 8-9 1/4., 4. From property guided by the comprehensive plan for residential development. One hundred (100) feet. (3) Buffer. Where a side or rear lot line in a GI District coincides with an adjacent public road right-of-way or property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than forty (40) feet in depth and shall contain landscaping, planting, berming or other effective screening suitable to provide an effective visual screen in compliance with § 1007.043 (17)(f) of this Ordinance. (4) Maximum Building Height. Forty-five (45) feet, except as allowed by § 1007.043 (3). (5) Maximum Impervious Surface Coverage. Seventy-five (75) percent of the lot area. (6) Building Requirements. All newly constructed industrial buildings shall meet the exterior building standards of § 1007.043 (2)(d) of this Ordinance. (7) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses, in the GI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Commercial (production) bakery. (d) Community gardens operated by the city. (e) Construction -related businesses, including shops and offices for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, general contracting and similar uses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (0 (g) (h) Feed and seed sales. Greenhouses, nurseries. Laundry, dry cleaning or dying plant. (i) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (j) Mass transit terminals. (k) Office business—clinic and general. 8-10 (1) Radio and television stations. (m) Warehousing and distribution facilities, but not including truck freight transfer stations or mini self -storage facilities. (n) Wholesale businesses/showrooms. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the GI District: (a) Accessory buildings and structures as regulated by § 1007.043 (4)(j) of this Ordinance. (b) Accessory indoor retail, rental or service activities other than that allowed as a permitted or conditional use within the General Industrial zoning district, provided such use is related and accessory to an allowed principal use in the district. (c) Crude oil, gasoline or other liquid storage tanks (not including bulk propane at motor fuel stations for providing service to the general public) where related and accessory to an allowed principal use in the district. (d) Fences as regulated by § 1007.043 (18) of this Ordinance. (e) Off-street loading as regulated by § 1007.045 of this Ordinance. (f) Off-street parking as regulated by § 1007.044 of this Ordinance. (g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by §1007.053 of this Ordinance. (h) Signs as regulated by Chapter 1010 of the City Code. (i) Brewer taprooms accessory to a malt liquor beverage production and bottling facility. (j) Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production and bottling facility. (9) Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GI District. These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of this Ordinance. 8-11 (a) Automobile and truck repair provided that: 1. All painting must be conducted in an approved paint booth per § 1007.043 (8). 2. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota Uniform Fire Code. 3. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. (b) Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by § 1007.054 of this Ordinance. (c) Concrete product plants, building materials production and similar uses provided that: 1. Storage areas are landscaped, fenced and screened from view of neighboring uses, properties guided by the comprehensive plan for residential or commercial development, and public rights-of-way in compliance with § 1007.043 (17)(f) of this Ordinance. (d) Commercial Kennels, provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Cages, enclosures and housing facilities shall be at least five hundred (500) feet from any residential property line. 3. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be enclosed by an eight (8) foot high solid fence. 4. All animals shall be housed indoors for overnight boarding. (e) Manufacture of materials, including but not limited to, rubber, corrosive acids, petroleum and chemical products, which pose potential health and safety risks and which when produced give off potentially noxious odors. (f) Mini self -storage facilities provided that: 1. No single building shall be greater than one hundred fifty (150) feet in length. 2. If an "on -premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code. 8-12 3. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the mini self -storage facility. (g) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with § 1007.043 (17)(f) of this Ordinance. 3. The entire storage area is fenced and secured in an appropriate manner. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. 6. The property shall not abut I -35W or I -35E. 7. All parking, loading and truck staging activities shall occur on site. On -street parking and loading associated with the use is prohibited. 8. Storage shall not include material considered hazardous under Federal or State Environmental Law. (h) Refuse/garbage transfer stations provided that: 1. No refuse or garbage shall be stored or in any way disposed of on the site. 2. The storage of refuse or garbage in the front yard shall be prohibited. 3. The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis. 4. One (1) off-street parking space shall be provided for each commercial vehicle operated by the business. Parking requirements will otherwise be as mandated by the provisions of §1007.044 of this Ordinance. 5. All in bound and out bound trucks and equipment, excluding employee's personal vehicles, shall be restricted to designated routes established by the City, except for times when providing collection service to customers within the City limits. 8-13 6. The hours of operation shall be limited as necessary to minimize the effects of nuisance factors such as traffic, noise, and glare upon any existing neighboring residential uses, or residential zoning districts. (i) Trucking terminals provided that: 1. Vehicular access points shall be located along arterial streets and shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by §1007.053 of this Ordinance. (b) Telecommunication towers as regulated by § 1007.053 of this Ordinance. (c) Temporary mobile towers as regulated by §1007.053 of this Ordinance. (d) Open Air Markets. (e) Transient Merchants. (f) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of § 1007.054 are met. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the GI District: (a) Temporary Batch Plants. 8-14 SPECIAL DISTRICTS § 1007.130 PSP, PUBLIC AND SEMI-PUBLIC DISTRICT. (1) Purpose. This district is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve the following functions: (a) To provide the community with properly located schools, colleges, and health institutions. (b) To provide the community with properly located public services, public utilities, and public or private communication antennas. (c) To provide the community with properly located open green space, parks, playgrounds and recreational facilities. (d) To relate public and semi-public locations with thoroughfare system. (2) Lot and Yard Requirements. (a) Minimum Lot Size. 1. Sewered Lot. One (1) acre. 2. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of § 1007.041 of this Ordinance. (b) Minimum Lot Width. One hundred fifty (150) feet. (c) Setbacks. (The greater of the following:) 1. From Streets. a. Local Street. Fifty (50) feet. b. Collector or Arterial Street. Fifty (50) feet. 2. Rear Yard a. Principal Building. Thirty (30) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot/Driveway. Ten (10) feet. 9-1 3. Side Yard. a. Principal Building. Ten (10) feet. b. Accessory Building. Ten (10) feet. c. Parking Lot/Driveway. Five (5) feet. (3) Height Regulations. No building in the PSP District shall be erected or structurally altered to exceed forty-five (45) feet in height. (4) Impervious Surface Coverage. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty-five (65) percent of the lot area resulting in less than thirty-five (35) percent pervious landscaped area. (5) Building Requirements. All newly constructed buildings in the PSP District shall meet the applicable exterior building standards of § 1007.043(2)(D) of this Ordinance. (6) Permitted Uses. In the PSP District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. (a) All public buildings for county and state government. (b) All public buildings for municipal government, such as City Hall, water works, sewage plant, police, fire, etc. (c) Cemeteries. (d) Clinics, rest homes, nursing homes. (e) Public parks and recreation facilities, golf courses. (f) Community Gardens operated by the city. (7) Accessory Uses. Subject to applicable provisions of this Ordinance. the following are permitted accessory uses in the PSP District: (a) Accessory buildings and structures as regulated by §1007.043(4)(i) of this Ordinance. (b) Fences, as regulated by § 1007.043 (18) of this Ordinance. (c) Off-street parking as regulated by § 1007.044 of this Ordinance. (d) Off-street loading as regulated by § 1007.045 of this Ordinance. 9-2 (e) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by §1007.054 of this Ordinance. (f) City Code. (g) Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the Parks, playgrounds, or athletic fields accessory to an allowed principal use. (8) Conditional Uses. The following conditional uses may be allowed in the PSP District, subject to the provisions of §1007.016 of this Ordinance. (a) All schools (public and private) provided that: 1. Side yards shall be double that required for the district, but no greater than thirty (30) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with §1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) this Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of this Ordinance. 5. The provisions of §1007.016 of this Ordinance are considered and determined to be satisfied. (b) Hospitals provided that: 1. Side yards are double the minimum requirements established for this district and are screened in compliance with § 1007.043 (17) of this Ordinance. 2. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled in compliance with § 1007.043 (17) of this Ordinance. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 4. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. 9-3 L 5. The provisions of §1007.016 of this Ordinance are considered and determined to be satisfied. (9) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (b) Telecommunication towers as regulated by § 1007.054 of this Ordinance. (c) Temporary mobile towers as regulated by § 1007.054 of this Ordinance. (d) Open Air Markets. (e) Transient Merchants. (10) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the PSP District, and are governed by § 1007.017 of this Ordinance: (a) Farms, Farm Dwellings, Horticulture and Agriculture. 9-4 § 1007.131 R -BR, RURAL -BUSINESS RESERVE DISTRICT. (1) Purpose. (a) This district is intended to preserve a rural very low density environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock, gardening, and other traditional rural uses. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular, subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: 1. To control and limit urban sprawl. 2. To conserve land in a viable economic status until such time as the need is present for rezoning to a business use district. 3. To reduce the possibility of rural -urban conflict in both the use of the land and in the extension of utilities and other infrastructure items. 4. To maintain acceptable per capita costs for City services such as snowplowing, road maintenance, and fire and police protection. 5. To define a "trigger mechanism" that will establish a formula for the rezoning of rural -business reserve land to a business use as needed. (b) The R -BR District shall only be specifically applied to the following areas: 1. Rural residential properties located along 77th Street West. 2. Properties along I -35E north of the existing MUSA. (2) Rezoning (Trigger Mechanism). Land in the R -BR District shall be rezoned by the City upon demonstration that all of the following applicable to a specific site are true: (a) The land is within the City's MUSA and sanitary sewer service or municipal water is available or MUSA reserve is available and utilities can be extended to the site. (b) The proposed use is not premature according to the requirements of the subdivision ordinance and/or site and building plan review. (c) Rural residential properties along 77th Street West can be phased out through redevelopment and land assembly efforts in cooperation with property owners. 9-5 (d) Along I -35E, rezoned land shall be adjacent to the existing business district and shall extend from south to north in quarter mile increments. From that point on, rezoning may be initiated whenever the corridor has an inventory of land that is zoned business or industrial of no more than two hundred (200) acres. (3) Impact on Adjoining Property. To protect the rural nature of the R -BR District, no activity in the adjacent business zoning district shall result in the following: (a) Loud, boisterous, and disturbing noise levels. (b) Hazardous traffic conditions. (c) Offensive, obnoxious, and disturbing odors. (d) Excessive litter. (e) Excessive artificial lighting. (f) Any other condition inconsistent with the reasonable use and enjoyment of adjoining property and inconsistent with the health, safety, and general welfare of the adjoining community. (4) Lot and Yard Requirements. (a) Minimum Lot Size. Ten (10) acres. (b) Minimum Lot Width. Three hundred thirty (330) feet. (c) Setbacks. 1. From Streets. a. Local Street. Thirty (30) feet. b. Collector or Arterial Street. Forty (40) feet. 2. Rear Yard. Thirty (30) feet. 3. Side Yard. a. Interior. Ten (10) feet. b. Corner. Thirty (30) feet. (5) Minimum Floor Area Requirements. The minimum outside dimension and floor area for single family dwellings shall be as follows: 9-6 (a) Rambler. 1. Three Bedroom. One thousand fifty (1,050) square feet. 2. Two Bedroom. Nine hundred eighty (980) square feet. (b) One and one-half Story. Nine hundred eighty (980) square feet. (c) Split Foyer (Foyer, Stairs). Nine hundred eighty (980) square feet. (d) Two Story. Eight hundred fifty (850) square feet. (6) Height Regulations. No building in the R -BR District shall be erected or structurally altered to exceed thirty (30) feet in height. These regulations shall not apply to barns, silos, or other farm buildings. (7) Permitted Uses. In the R -BR District, no building or land shall be used or divided, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. (a) Agriculture, gardening and sod farming. (b) Commercial greenhouses and nurseries. (c) Day care nurseries (fourteen (14) or fewer persons). (d) Golf courses and driving ranges. (e) Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the City. (f) Home occupations as provided for in § 1007.049 of this Ordinance. (g) Public parks. (h) Single family detached dwellings. (i) State licensed residential care facility serving six (6) or fewer persons. (j) Keeping of farm animals in compliance with Chapter 503. (k) Temporary stands for the sale of agricultural products produced on the premises. (1) Transmission towers/radio, television and other similar towers up to forty-five (45) feet in height. 9-7 L., (m) Community Gardens operated by the city. (8) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the R -BR District: (a) Accessory apartments as regulated by § 1007.049 of this Ordinance. (b) Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic and farm supplies and non-commercial recreational equipment, as regulated by § 1007.043 (4) of this Ordinance. (c) Fences as regulated by § 1007.043 (18) of this Ordinance. (d) Home occupation Level A as regulated by § 1007.047 of this Ordinance. (e) Operation, parking, or storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.054 of this Ordinance. (g) Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance. (h) Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended, of the City Code. (i) Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests, as regulated by § 1007.043 (4) of this Ordinance. (9) Conditional Uses. The following are conditional uses in the R -BR District: 1. Bicycle racing arenas, provided that: 2. The facility is provided adequate private on-site sewer and water facilities of sufficient size to accommodate the occupancy capacity of the arena. 3. Side yard setbacks shall not be less than fifty (50) feet. 4. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 9-8 5. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. 6. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of this Ordinance. (b) Cemeteries provided that: 1. At minimum, the site accesses on a "major collector" street. 2. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with § 1007.043 (17) of this Ordinance. (c) Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by § 1007.054 of this Ordinance. (d) Commercial Stables, Commercial Kennels, and similar uses provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of this zoning district. 3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, whichever is greater. (e) Veterinary Hospitals provided that: 1. Property shall be in conformance with minimum lot size requirements of this zoning district. 2. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 3. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 4. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: a. The number of animals boarded shall not exceed forty (40). 9-9 b. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. A commercial kennel license is obtained from the City. 5. The applicable provisions of Chapter 503 are determined to be satisfied. 6. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (f) Day care facilities (exceeding fourteen (14) persons) provided that: 1. Such day care facility has access to adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 2. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance. 3. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (g) Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: 1. Side yard setbacks shall not be Less than fifty (50) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1007.043 (17) of this Ordinance. 9-10 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1007.04 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance. (h) Home Occupation Level C as regulated by § 1007.047 of this Ordinance. (10) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of this Ordinance. (c) Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. (d) Transient Merchants. (11) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R -BR District and are governed by § 1007.017 of this Ordinance: (a) Temporary Batch Plants. 9-11 THIS PAGE INTENTIONALLY LEFT BLANK 9-12 § 1007.132 PUD, PLANNED UNIT DEVELOPMENT DISTRICT. (1) Purpose. The purpose of the PUD, Planned Unit Development District is to provide for the integration and coordination of land parcels, as well as the combination or mixture of varying types of residential, commercial, and/or industrial land uses. (2) Application. All permitted, permitted accessory or conditional uses contained in all zoning districts identified in §1007.080 through §1007.132 of this Ordinance shall be directed as potentially permitted uses within the PUD District. (3) Procedure. Whether requested as a rezoning or initially established by City action alone, a PUD, Planned Unit Development District shall be established and governed subject to the amendment and procedure requirements as outlined in §1007.015 of this Ordinance, plus the procedures, conditions, and standards imposed by § 1007.024 of this Ordinance. 9-13 fi-1 L L THIS PAGE INTENTIONALLY LEFT BLANK 9-14 Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 24 day of November , 2014. The motion for the adoption of the foregoing ordinance was introduced by Council Member Rafferty and was duly seconded by Council M , - Stoesz upon vote being taken thereon, the following voted in fa Rafferty, SToesz, Roeser, Kuster The following voted against same: none ATTEST: 1 uli nne Bartell, City Cler