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HomeMy WebLinkAbout2008-011 Council Ordinances1St Reading: July 28, 2008 Publication: August 19, 2008 2nd Reading: August 11, 2008 Effective: September 18, 2008 Council Member O'Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11-08 APPROVING AMENDMENTS TO THE ZONING ORDINANCE TO ACCOMMODATE ANIMAL CONTROL REGULATIONS, NON -CONFORMING USES, ACCESSORY STRUCTURES LOCATED WITHIN EASEMENTS, AND TYPOGRAPHICAL CORRECTIONS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. On May 7, 2008 the City Council adopted new animal control regulations as part of City Code Chapter 503, which thereby necessitates an update to the Zoning Ordinance sections that pertain to Animal Control and Keeping. 3. The State has adopted new regulations in regards to non -conforming structures and uses which thereby necessitate an update to the Zoning Ordinance section pertaining to the same. 4. The zoning amendments included in this Ordinance No. 11-08 have been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 5. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 6. All development must conform to performance standards contained in the Zoning Ordinance and other requirements. 7. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 8. Traffic generation by the proposed uses will be required to be within capabilities of streets. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. SECTION 1. TITLE / APPLICATION / RULES Subd. 2. Rules and Definitions. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: or intended to house farm implements or agriculture areas, as defined by this Ordinance, on an active farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency Permit may be required. Agriculture. The use of land for the production, keeping or maintenance, for sale, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agricultural land uses do not include slaughter houses or the processing of crops, produce, animals for public purchase or consumption as to constitute a commercial or industrial land use. of animal wastes which has a standard amount of waste produced on a regular basis by a slaughter steer or hcifcr. For the purposes of this Ordinance, tho animal not specific below, divide the average adult weight by one thousand (1, 000). Animal --Unit (1) Slaughter Steer or Heifer 4-41 - -- - 1.2 (1) Over 1,000 lbs 14- 1.0 4(1) (1)Under 1,000 lbs Swine (1) Over 300 lbs :4 (1) Under 55 lbs .05 Sheep :4 (1) (1) Duck .01 Turkey (1) Over 5 lbs (1) Under 5 lbs .018 .005 Chickens (Dry Manure) (1) Over 5 lbs (1) Under 5 lbs .005 .003 {1) Chicken (Liquid Manure) .033 (1) Horse 1.0 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. Dairy Cattle Mature Cow (1,000 pounds or over) 1.4 Mature Cow (Under 1,000 pounds) 1.0 Heifer 7 Calf Beef Cattle 2 Slaughter Steer or Stock Cow 1.0 Feeder Cattle or Heifer 7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken (Liquid Manure System) .0333 Chicken (Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 Animals, Domestic.defined as house pets such as dogs, cats, traditional and typical animal pets, and birds (not including pigeons, chickens, geese, turkeys or other domestic fowl) which can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes rabbits normally sheltered outside the home. 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. Cattle, hogs, becs, sheep, goats, chickens; turkeys, horses State of Minnesota. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Farm. Real property used for commercial agriculture or horticulture. comprising Farm Building. Sec Agricultural Farm Building. An accessory building designed. constructed, used or intended to house farm implements or agriculture areas, as defined by this Chapter, on an active farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency Permit may be required. • intended for use by the farm's owner, a relative of the owner, or a person employed thereon. Farm, Limitcd. A limited farm is a food producing use primarily intended for the 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.) Kennel, Commercial. Any structure or premises on which three (3) or more merchandising that is not defined as a private kennel. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit-making purpose, and not solely for private enjoyment. Kennel, Private. - - - • - - • - _ (6) dogs and cats, over six (6) months of age are kept for private enjoyment and as to prevent the running at large or escape of animals confined therein. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. Lot Area. The total area within the lot lines of a lot measured in a horizontal plane. 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. SECTION 3. GENERAL PROVISIONS Subd. 2. Non -Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. B. Provisions. 1. Any structure or use lawfully existing upon the effective date of this 2. No structural alterations shall be made, except in compliance with items (7) and (9) below. When any lawful non conforming use of any structure or land in any d -i -strict has been changed to a conforming use, it shall not thcr ftcr be changed to any non conforming use. /1Whenever a non conforming structure shall have been damaged by firc, riot, or act of God, it may be months after such calamity, unless the damage to the structure is fifty (50) accordance with the provisions of this ordinance. structure or land shall be in conformity with the provisions of this Ordinance. 6. Any non conforming use of open land, that is use of land without buildings, Ordinance, whereupon such non conforming use shall cease. 7 Normal maintenance of a building or other structure containing or related use. 8. A lawful non conforming use may be changed only to a use that 9. Alterations may be made to a structure containing non conforming non conformity. 1, Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. 3. Notwithstanding paragraph (1), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 1. General Provisions. a. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory. b. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. c. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R -X, and R -BR Zoning Districts, provided the accessory building is set back at least one hundred (100) feet from the street right-of- way. d. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property, or be located in any utility or drainage easemcnt. e. A garage in residential districts shall not be utilized for business service or industry. Such garage shall not be used for the storage of more than one (1) commercial vehicle having a gross weight rating exceeding eleven thousand seventy-five (11,075) pounds. f Accessory structures may be constructed within public and private utility and drainage easements provided that: 1) No accessory structure shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 2) No footings or foundation shall be placed within the easement. 3) The entire structure, including any base material, must be designed to be easily moved if deemed necessary by the city. 4) Removal of an accessory structure or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 8. Domestic Animal Shelters. Structures dedicated to the housing of domestic animals are considered accessory structures for the purpose of applying this Chapter and shall comply with the following standards: a. The keeping of animals is allowed in accordance with the provisions of Chapter 503. b. If all Animal Shelters on a property do not exceed a total of 64 square feet in area, then they shall not be counted towards the maximum number and size of accessory buildings. c. Animal shelters are limited to a maximum of 60 inches in overall height. If a shelter exceeds 60 inches in height, it is not allowed the exception to accessory building number and size in paragraph b. 89. Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. Q10. 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: SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. P. Exterior Storage. 1. Rural and Residential Zoning Districts. a. Exceptions. All personal property in a rural or residential zoning district and/or on properties ten (10) acres in size or Tess 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: 1) Laundry drying. 2) Non -vehicular recreational equipment. 3) Home heating fuel tanks. 4) Stacked firewood. 5) Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. 6) Agricultural equipment and materials, if these are used or intended for use on the premises. 7) Off-street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with Section 3, Subd. 5.C.8.+i of this Ordinance. 8) Licensed motor vehicles per Sec. 3 Subd. S.K. b. Recreational and Utility Vehicle and Trailer Storage. Recreational vehicles, as defined by Section 31, Subd. 2 of this Ordinance may be parked or stored on a residential site provided that: 1) The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: a) The vehicles have affixed thereto current registration or license plates as required by law. b) The vehicles are stored no closer than five (5) feet from side and rear lot lines. c) The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 53, Subd. 5.C.8.j. of this Ordinance. 2) All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb/pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet 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. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. R. Fences and Walls. Fences and walls shall be permitted in all required yards subject to the following: 1. Permit Required. It is unlawful for any person hereafter to construct or cause to be constructed or erected within the platted areas of the City, any fence or wall without first making an application for and securing a fence permit. 2. Certificate of Survey. An application for a fence or wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions, the location of existing buildings, structures, and easements on the lot, and the location of the proposed fence. At the discretion of the City, a final plat detail of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. 3. Location. All fences or walls shall be located entirely within the private property of the person, firm, or corporation constructing or causing the construction of such fence. a. No fence or wall shall be permitted on public rights-of-way. b. Traffic visibility requirements set forth in Section 3, Subd. 3.D.3.bE.1.c. of this Ordinance shall be satisfactorily met. c. No fence or wall shall obstruct natural drainage. d. Fences or walls may be constructed within public and private utility and drainage easements provided that: 1) No fence or wall shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 2) Removal of a fence or wall or a portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. 4. Construction and Maintenance. a. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in conjunction the construction of fences or walls. b. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence or wall which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the City shall commence proper proceedings for the abatement thereof. c. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or wall considered to be the face shall be oriented toward abutting property. d. Fences which are ninety (90) percent open (barb wire, chain Zink, woven wire, and other similar type fences) which are for the sole purpose of containing n^n domestic farm animals within a rural zoning district are not subject to the provisions of this Ordinance and do not require a building permit. Chain link fences shall have round steel parts and braces. e. Solid walls and retaining walls (such as masonry construction) in excess of forty-two (42) inches in height shall be prohibited. When utilized, tiered retaining walls shall be separated by a horizontal landing not less than three (3) feet in width. 5. Access. All fences or walls shall be provided with a gate which affords reasonable and convenient access for public safety. 6. Residential District Fences or Walls. All residential district fences or walls shall be placed within the property being fenced. a. Fences or walls may be located in any yard up to a height of four (4) feet. b. Except as prohibited by Subd. T4.R.6.c below, a fence or wall up to six (6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines, and then along the side lot lines and the rear lot line (see Diagram 6.b). c. Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this Ordinance rather than as related to the orientation of the house (see Diagram 6.c). d. Residential Fences or Walls Height Exceptions. 1) Fences for sport courts may be up to twelve (12) feet in height with ten (10) foot setback. 2) Residential boundary line fences or walls may be erected to a height of eight (8) feet along a property line abutting a commercial, industrial, or semi-public use or zoning district. e. Wire fence other than chain Zink shall not be permitted as boundary line fences within five (5) feet of the property line in residential zoning districts. f. Electrical and barb wire fences are prohibited in residential zoning districts. 7. Commercial and Industrial District Fences or Walls. (See Diagram 7 abc) a. A fence or wall not exceeding four (4) feet in height may be erected in any yard. b. A fence or wall not exceeding eight (8) feet in height may be erected parallel to the front lot line from a front corner of a principal building to a side lot line that is not adjacent to a street. c. A fence or wall not exceeding ten (10) feet in height may be erected on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front facade of a principal building would intersect with a side lot line extending to the rear property line. d. Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. e. Within commercial and industrial and public/semi-public zoning districts, barbed wire may be attached to the tops of fences or walls with the following conditions: 1) Fences or walls must be a minimum of eight (8) feet in height exclusive of the security arm. 2) The security arm must be angled in such a manner that it extends only over the property of the permit holder. 3) Wire security fencing shall not be permitted within the required front yard or along a property line abutting a residential use. 8. Public and Semi -Public District Fences or Walls. Fences or walls in the public and semi-public districts may be erected in any yard to a height of eight (8) feet. Barbed wire fences used for security purposes may be permitted in the public and semi-public zoning district per Section 3, Subd. 4.T R.7.e of this Ordinance. SECTION 3. GENERAL PROVISIONS Subd. 5. Off -Street Parking. C. General Provisions. 6. Use of Parking Facilities in a Residential District. Except as allowed under Section 3, Subd. 5.hK, off-street parking facilities accessory to a residential use shall be utilized solely for the parking of passenger automobiles, recreational vehicles, and/or one truck not to exceed eleven thousand seventy-five (11,075) pounds gross weight rating for each dwelling. SECTION 3. GENERAL PROVISIONS Subd. 5. Off -Street Parking. F. 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: 12. Office Buildings, Animal Veterinary Hospitals and Clinicf, Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. SECTION 5. RURAL DISTRICTS Subd. 1. R, Rural District. E. 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: 6. Limited livestock raising of up to three hundred (300) animal units in accordance with Section 503 of the City Code. Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. SECTION 5. RURAL DISTRICTS Subd. 1. R, Rural District. G. Conditional Uses. The following are conditional uses in the R District. These uses require a conditional use permit based on the standards and procedure outlined in Section 2, Subd. 2 of this Ordinance. 4. Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care Commercial Stables, Commercial Kennels. and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Code relating to the keeping of animal., are determined to be satisfied. b. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. 5. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. b. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. c. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. e. The applicable provisions of Chapter 503 are determined to be satisfied. f. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 56. Day care facilities (exceeding fourteen (14) persons) provided that: 57. Planned unit development rural cluster subdivision as per Section 2, Subd. 10 of this Ordinance. 78. Public and private airports provided that: 89. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: 910. Wild game farms and gun clubs provided that: SECTION 5. RURAL DISTRICTS Subd. 2. R -X, Rural Executive District. E. 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: 6. Limited livestock raising of up to three hundred (300) animal units in accordance with Section 503 of the City Code. Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. SECTION 5. RURAL DISTRICTS Subd. 2. R -X, Rural Executive District. G. Conditional Uses. The following are conditional uses in the R -X District. These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 3. Commercial Stables, Commercial Kennels, and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Codc relating to the keeping of animals are determined to be satisfied. b. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. 4. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. b. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. c. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. e. The applicable provisions of Chapter 503 are determined to be satisfied. f. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 45. Day care facilities (exceeding fourteen (14) persons) provided that: 56. Planned unit development rural cluster subdivision as per Section 2, Subd. 10 of this Ordinance. 67. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: SECTION 7. BUSINESS DISTRICTS Subd. 3. GB, General Business District. F. Permitted Uses. In the GB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 3. Commercial gGreenhouses and iandscapc nurseries. SECTION 7. BUSINESS DISTRICTS Subd. 3. GB, General Business District. H. 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 Section 2, Subd. 2. of this Ordinance. 14. Veterinary clinics (with kennels) Hospitals provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. b. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. c. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed twenty (20). 2) An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. d. The appropriate license is obtained from the City Clerk and the conditions of Section 500 of the City -Godo Chapter 503 relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. SECTION 8. INDUSTRIAL DISTRICTS Subd. 1. LI, Light Industrial District. 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 Section 2, Subd. 2. of this Ordinance. 6. Veterinary clinics (with kennels) Hospitals provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. b. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. c. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: 1) The number of animals boarded shall be --determined by the City not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal use. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. d. The appropriate license is obtained from the City Clerk and the conditions of Section 200 of the City Code Chapter 503 relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. SECTION 9. SPECIAL DISTRICTS Subd. 1. PSP, Public and Semi -Public District. J. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of this Ordinance: 1. Farms, farmsteads and farming Farm Dwellings, Horticulture and Agriculture. Subd. 2. R -BR, Rural -Business Reserve District. G. 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. 10. of the City Code. Keeping of farm animals in compliance with Chapter 503. SECTION 9. SPECIAL DISTRICTS Subd. 2. R -BR, Rural -Business Reserve District. I. Conditional Uses. The following are conditional uses in the R -BR District: 4. Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care Commercial Stables, Commercial Kennels, and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Code relating to the keeping of animals are determined to be satisfied. b. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. 5. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. c. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non -porous materials or sealed concrete to make it non -porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. e. The applicable provisions of Chapter 503 are determined to be satisfied. f. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 56. Day care facilities (exceeding fourteen (14) persons) provided that: 67. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 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 11th day of August, 2008. ATTEST: Bartell, City ler John JBergesp M ror Adopted by the Lino Lakes City Council this 11th day of August, 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Gallup, Reinert, Stoltz, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted.