HomeMy WebLinkAbout1995-004 Council OrdinancesORDINANCE NO. 04 - 95
Council Member Elliott introduced the following Ordinance
Summary and moved its adoption.
Chapter 1102 Shoreland Management Overlay Ordinance of the City
Zoning Ordinance was adopted by the Lino Lakes City Council on
April 10, 1995. Following is a summary of the provision of that
Ordinance as adopted. A complete copy of the Ordinance is
available for public review at City Hall, 1189 Main Street, Lino
Lakes, MN., between the hours of 7:30 a.m. and 5:00 p.m., Monday
through Friday. The Ordinance shall take effect and be in force 30
days following its publication.
CHAPTER 1102
SHORELAND MANAGEMENT OVERLAY ORDINANCE SUMMARY
1102.01 Statutory Authorization and Policy
1102.02 General Provisions
1102.03 Definitions
1102.04 Administration
1102.05 Shoreland Overlay District
1102.06 Shoreland Overlay District Uses
1102.07 Zoning and Water Supply/Sanitary Provisions
1102.08 Nonconformities
1102.09 Shoreland Alterations
1102.10 Special Provisions for Commercial, Industrial,
Public/Semipublic, Agricultural, Forestry and Extractive
Uses and Mining of Metallic Minerals and Peat
1102.11 Water Supply and Sewage Treatment
1102.12 Subdivision/Platting Provisions
1102.13 Planned Development Overlays (PDOS)
1102.01 Statutory Authorization and Pol...y,/
ATTEST Vernon F. Reinert, Mayor
ia)
Mariilyn,G. Anderson, City Clerk
Motion for adoption of the foregoing ordinance was seconded by
Council Member Kuether and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said Ordinance was declared duly passed and adopted.
Council Member Elliott
introduced the following Ordinance and moved its adoption.
ORDINANCE NO. 04 - 95
CHAPTER 1102
SHORELAND MANAGEMENT OVERLAY ORDINANCE
1102.01 Statutory Authorization and Policy
1102.02 General Provisions
1102.03 Definitions
1102.04 Administration
1102.05 Shoreland Overlay District
1102.06 Shoreland Overlay District Uses
1102.07 Zoning and Water Supply/Sanitary Provisions
1102.08 Nonconformities
1102.09 Shoreland Alterations
1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural,
Forestry and Extractive Uses and Mining of Metallic Minerals and Peat
1102.11 Water Supply and Sewage Treatment
1102.12 Subdivision/Platting Provisions
1102.13 Planned Development Overlays (PDOS)
1102.01 Statutory Authorization and Policy
Subdivision 1. Statutory Authorization. Local government units are required to adopt
shoreland management ordinances in Minnesota Statutes 103F.201 to 103F.221. This Shoreland
Overlay District Ordinance is adopted pursuant to these authorizations and policies and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
Subd. 2. Policies. The uncontrolled use of shorelands of the City of Lino Lakes,
Minnesota affects the public health, safety and general welfare not only by contributing to
pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety and welfare to provide for the wise subdivision, use and
development of shorelands of public waters. The Legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the subdivision, use and development
of shorelands of public waters and thus preserve and enhance the quality of surface waters,
conserve the economic and natural environmental values of shorelands, and provide for the wise
use of waters and related land resources. The responsibility for the management of shoreland
areas is hereby recognized by the City of Lino Lakes, Minnesota.
1102.02 General Provisions
Subdivision 1. Jurisdiction. The provisions of this ordinance shall apply to the
shorelands of the public water bodies as classified in 1102.05 of this ordinance and as shown
on the Official Zoning Map of the City of Lino Lakes as being located within the Shoreland
Overlay District. A body of water created by a private user where there was no previous
shoreland may, at the discretion of the City, be exempt from this ordinance.
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Subd. 2. Compliance. The use of any shoreland of public waters; the size and shape of
1c.`s; the use, size, type and locations of structures on lots; the installation and maintenance of
water supply and waste treatment systems; the grading and filling of any shoreland area; the
cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the
�-- terms of this ordinance and other applicable regulations.
Subd. 3 Enforcement. The Zoning Administrator is responsible for the administration and
enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to
comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur
regardless of whether or not a permit is required for a regulated activity pursuant to 1102.04,
Subd. 1 of this ordinance.
Subd. 4. Interpretation. In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be liberally construed in favor
of the governing body and shall not be deemed a limitation or repeal of any other powers
granted by State Statutes. The approximate boundaries of the Shoreland Overlay District are
indicated on the Official Zoning Map of the City of Lino Lakes, and attachments thereto. Exact
determination of the boundaries will be made by the Minnesota Department of Natural
Resources, Division of Waters.
Subd. 5. Severability. If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
Subd. 6. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where the
conditions imposed by any provision of this ordinance are either more restrictive or less
restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution,
or regulation of any kind, the regulations which are more restrictive, or which impose higher
standards or requirements shall prevail All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
1102.03 Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning as they have in common
usage and so as to give this ordinance its most reasonable application. For the purpose of this
ordinance, the words "must" and "shall" are mandatory and not permissive. All distances,
unless otherwise specified, shall be measured horizontally.
Subdivision 1. Accessory structure or facility. "Accessory structure" or "facility" means
any building or improvement subordinate to a principal use which, because of the nature of its
use, can reasonable be located at or greater than normal structure setbacks.
Subd. 2. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment
having the following characteristics (an area with an average slope of less than 18 percent over
a distance for 50 feet or more shall not be considered part of the bluff):
�-' A. Part of all of the feature is located in a shoreland area;
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B. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
D. The slope must drain toward the waterbody.
Subd. 3. Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20
feet from the top of a bluff.
Subd. 4. Boathouse. "Boathouse" means an accessory structure designed and used solely
for the storage of boats and boating equipment.
Subd. 5. Building line. "Building line" means a line parallel to a lot line or the ordinary
high water level at the required setback beyond which a structure may not extend.
Subd. 6. Clear Cutting. "Clear cutting" means the removal of an entire stand of trees.
Subd. 7. Resort planned development overlay. "Resort planned development overlays"
are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their
operations are essentially service-oriented. For example, hotel/motel accommodations, resorts,
recreational vehicle and camping parks, and other primarily service-oriented activities are resort
planned unit developments.
Subd. 8. Commercial use. "Commercial use" means the principal use of land or buildings
for the sale, lease, rental, or trade of products, goods, and services.
Subd. 9. Commissioner. "Commissioner" means the commissioner of the Department of
Natural Resources.
Subd. 10. Conditional use. "Conditional use" means a land use or development as
defined by ordinance that would not be appropriate generally but may be allowed with
appropriate restrictions as provided by official controls upon a finding that certain conditions as
detailed in the official zoning ordinance exist, the use or development conforms to the
comprehensive land use plan of the community, and the use is compatible with the existing
neighborhood.
Subd. 11. Deck. "Deck" means a horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other features, attached or functionally related to a principal
use or site and at any point extending more than three feet above the ground.
Subd. 12. Dwelling site. "Dwelling site" means a designated location for residential use
by one or more persons using temporary or movable shelter, including camping and recreational
vehicle sites.
Subd. 13. Dwelling unit. "Dwelling unit" means any structure or portion of a structure
or other shelter designed as short- or long-term living quarters for one or more persons,
including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
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Subd. 14. Extractive use. "Extractive use" means the use of land for surface or
sU1)surface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and
peat not regulated under Minnesota Statutes, sections 9.44 to 9.51.
Subd. 15. Forest land conversion. "Forest land conversion" means the clear cutting of
forested land to prepare for a new land use other than reestablishment of a subsequent forest
stand.
Subd. 16. Hardship. "Hardship" means the property in question cannot be put to
reasonable use under the conditions allowed by the official controls; the plight of the landowner
is due to circumstances unique to his property, not created by the landowner; and the variance,
if granted, will not alter the essential character of the locality. Economic considerations alone
shall not constitute a hardship if a reasonable use for the property exists under terms of the
official controls.
Subd. 17. Height of building. "Height of building" means the vertical distance between
the highest adjoining ground level at the building or ten feet above the lowest ground level,
whichever is lower, and the highest point of a flat roof or average height of the highest gable
of a pitch or hipped roof.
Subd. 18. Industrial use. "Industrial use" means the use of land or buildings for the
production, manufacture, warehousing, storage, or transfer of goods, products, commodities,
or other wholesale items.
Subd. 19. Intensive vegetation clearing. "Intensive vegetation clearing" means the
complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Subd. 20. Lot. "Lot" means a designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used developed or built upon as a unit.
Subd. 21. Lot width. "Lot width" means the shortest distance between lot lines
measured at the midpoint of the building line.
Subd. 22. Nonconforming Use. "Nonconforming use" means any legal use, structure
or parcel of land already in existence, recorded, or authorized before the adoption of official
controls or amendments thereto that would not have been permitted to become established under
the terms of the official controls as now written, if the official controls had been in effect prior
to the date it was established, recorded or authorized.
Subd. 23. Open Space. Undeveloped land of the subdivided property providing visual
expanses and recreational areas clear of obstructions other than natural vegetation, or structures
directly related to the use and enjoyment of these spaces. Open spaces may include natural
habitats, places for neighborhood recreation, and pedestrian corridors.
Subd. 24. Ordinary high water level. "Ordinary high water level" means the boundary
of public waters and wetlands, and shall be an elevation delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
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Subd. 25. Planned development overlay. "Planned development overlay" means a type
of development characterized by a unified site design for a number of dwelling units or dwelling
sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these
units or sites to provide areas of common open space, density increase, and a mix of structure
types and land uses. These developments may be organized and operated as condominiums,
time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any
combination of these, or cluster subdivisions of dwelling units, residential condominiums,
townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels,
motels, and conversions of structures and land uses to these uses.
Subd. 26. Public waters. "Public waters" means any waters as defined in Minnesota
Statutes, section 105.37, subdivisions 14 and 15.
Subd. 27. Residential planned development overlay. "Residential planned development
overlay" means a use where the nature of residency is nontransient and the major or primary
focus of the development is not service-oriented. For example, residential apartments,
manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee
ownership residences would be considered as residential planned development overlays. To
qualify as a residential planned development overlay, a development must contain at least five
dwelling units or sites.
Subd. 28. Semipublic use. "Semipublic use" means the use of land by a private,
nonprofit organization to provide a public service that is ordinarily open to some persons outside
the regular constituency of the organization.
Subd. 29. Sensitive resource management. "Sensitive resource management" means
the preservation and management of areas unsuitable for development in their natural state due
to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive
soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special
protection.
Subd. 30. Setback. "Setback" means the minimum horizontal distance between a
structure, sewage treatment system, or other facility and an ordinary high water level, sewage
treatment system, road, highway, property line, or other facility.
Subd. 31. Sewage treatment system. "Sewage treatment system" means a septic tank
and soil absorption system or other individual or cluster type sewage treatment system as
described and regulated in Section 1102.11 of this ordinance.
Subd. 32. Sewer system. "Sewer system" means pipelines or conduits, pumping
stations, and force main, and all other construction, devices, appliances, or appurtenances used
for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
Subd. 33. Shore impact zone. "Shore impact zone" means land located between the
ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of
the structure setback.
Subd. 34. Shoreland. "Shoreland" means land located within 1,000 feet from the
ordinary high water level of the lakes and land located within 300 feet from the streams
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classified in Section 1102.05 or the landward extent of a floodplain designated by ordinance on
a .-fiver 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 Comissioner.
Subd. 35. Significant historic site. "Significant historic site" means any archaeological
site, standing structure, or other property that meets the criteria for eligibility to the National
Register of Historic Places or is listed in the State Register of Historic Sites, or is determined
to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08.
An historic site meets these criteria if it is presently listed on either register or if it is determined
to meet the qualifications for listing after review by the Minnesota state archaeologist or the
director of the Minnesota Historical Society. All unplatted cemeteries are automatically
considered to be significant historic sites.
Subd. 36. Steep slope. "Steep slope" means land where development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics as mapped and described in available county soil surveys or other reports, unless
appropriate design and construction techniques and farming practices are used in accordance with
the provisions of this ordinance. Where specific information is not available, steep slopes are
lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet
or more that are not bluffs.
Subd. 37. Structure. "Structure" means any building or appurtenance, including decks;
mobile homes, docks and boat launches, except aerial or underground utility lines, such as
sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
Subd. 38. Subdivision. "Subdivision" means land that is divided for the purpose of sale,
rent, or lease, including planned developments overlays.
Subd. 39. Surface water -oriented commercial use. "Surface water -oriented commercial
use" means the use of land for commercial purposes, where access to and use of a surface water
feature is an integral part of the normal conductance of business. Marinas, resorts, and
restaurants with transient docking facilities are examples of such use.
Subd. 40. Water -oriented accessory structure or facility. "Water -oriented accessory
structure or facility" means a small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a
surface water feature, reasonable needs to be located closer to public waters than the normal
structure setback. Examples of such structures and facilities include boathouses, gazebos, screen
houses, fish houses, pump houses, and detached decks.
1102.04 Administration.
Subdivision 1. Permits Required
A. Permit Required. A building permit is required for the construction of buildings or
building additions (including such related activities as construction of decks and signs), the
installation and/or alteration of sewage treatment systems, and a grading permit for those
grading and filling activities not exempted by Section 1102.09 of this ordinance. Application
Page 6
for a permit shall be made to the Zoning Administrator on forms provided. The application
shall include the necessary information so that the Zoning Administrator can determine the
site's suitability for the intended use and that a compliant sewage treatment system will be
provided.
B. A building permit authorizing an addition to an existing structure shall stipulate that
an identified nonconforming sewage treatment system, as defined in Section 1102.11, shall
be reconstructed or replaced in accordance with the provisions of this ordinance.
Subd. 2. Certificate of Zoning Compliance. The Zoning Administrator shall issue a
certificate of zoning compliance for each activity requiring a permit as specified in 1102.04,
Subd. 1 of this ordinance. This certificate will specify that the use of land conforms to the
requirements of this ordinance. Any use, arrangement, or construction at variance with that
authorized by permit shall be deemed a violation of this ordinance and shall be punishable as
provided in 1102.02, Subd. 3 of this ordinance.
Subd. 3. Variances.
A. Variances may only be granted in accordance with Minnesota Statues, Chapter 462,
as applicable. A variance may not circumvent the general purposes and intent of this
ordinance. No variance may be granted that would allow any use that is prohibited in the
zoning district in which the subject property is located. Conditions may be imposed in the
granting of a variance to ensure compliance and to protect adjacent properties and the public
interest. In considering a variance request, the zoning Administrator must also consider
whether the property owner has reasonable use of the land without the variance, whether the
property is used seasonally or year-round, whether the variance is being requested solely on
the basis of economic considerations, and the characteristics of development on adjacent
properties.
B. The City Council shall hear and decide requests for variances in accordance with the
rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City Zoning
Ordinance. When a variance is approved after the Department of Natural Resources has
formally recommended denial in the hearing record, the notification of the approved variance
required in 1102.04, Subd. 4B shall also include the City Council's summary of the public
record/testimony and the findings of facts and conclusions which supported the issuance of
the variance.
C. For existing developments, the applications for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of the
property. The variance, if issued, must require reconstruction of a nonconforming sewage
treatment system.
Subd. 4. Notification to the Department of Natural Resources
A. Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the
Department of Natural Resources or the Commissioner's designated representative and
postmarked at least ten (10) days before the hearings. Notices of hearing to consider
proposed subdivision/plats must include copies of the subdivision/plat.
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B. A copy of approved amendments and subdivisions/plats, and final decisions granting
variances or conditional uses in the Flood Plain or Shoreland Management Districts must be
'sent to the Commissioner or the Commissioner's designated representative and postmarked
within ten (10) days of final action.
1102.05 Shoreland Overlay District
Subdivision 1. Establishment of Shoreland Overlay District. The public waters of the
City of Lino Lakes have been classified consistent with the criteria found in Minnesota
Regulations, Part 6120.3300. The Shoreland Overlay District for the waterbodies listed below
is that land within 1,000 feet of the ordinary high water level of the lakes, and 300 feet from
a river or stream as shown on the Official Zoning Map.
A. Natural Environment Lakes
Protected Water
Inventory I.D.#
Unnamed 2-1
Peltier Lake 2-4
George Watch Lake 2-5
Marshan Lake 2-7
Rice Lake 2-8
Wards Lake 2-10
Sherman Lake 2-11
Cedar Lake 2-12
Amelia Lake 2-14
Rondeau Lake 2-15
Wilkinson Lake 62-43
B. Recreational Development Lakes
Protected Water
Inventory I.D.#
Otter Lake 2-3
Centerville Lake 2-6
Reshanau Lake 2-9
Baldwin Lake 2-13
C. General Development Lake
Protected Water
Inventory I.D.#
Bald Eagle Lake 62-2
Protected Watercourse
D. Tributary Rivers and Streams Legal Description
Rice Creek From Basin 740 to Basin 13
Hardwood Creek From T31N, R22W, Sect. 12 to Basin 4
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Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map, together with
all materials attached thereto is hereby adopted by reference and declared to be a part of this
ordinance. The attached material shall include the Protected Waters Inventory Map for Anoka
County. The Official Zoning Map shall be on file in the Office of the Zoning Administrator.
Subd. 3. Land Use District Descriptions.
A. Criteria for Designation. The land use districts in B below and the delineation of
a land use district's boundaries on the Official Zoning Map, must be consistent with the
goals, policies, and objectives of the comprehensive land use plan.
B. Land Use District Descriptions. The land use districts and the allowable land uses
therein for the given classifications of waterbodies, shall be properly delineated on the
Official Zoning Map for the shorelands of the City of Lino Lakes. The designated land use
districts shall be in conformance with the criteria specified in Minnesota Regulation, Part
6120.3200, Subp. 3.
1102.06 Shoreland Overlay District Uses
Subdivision 1. Permitted Uses. The permitted uses in the Shoreland Overlay District are
those uses allowed and regulated by the applicable underlying zoning district as indicated on the
Official Zoning Map of the City of Lino Lakes.
Subd. 2. Conditional Uses.
A. The conditional uses in the Shoreland Overlay District are those uses allowed and
regulated on a conditional basis by the applicable underlying zoning district as indicated on
the Official Zoning Map of the City of Lino Lakes.
B. Boathouses.
C. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic,
vegetation and soils conditions on the site must be made to ensure:
1. the prevention of soil erosion or other possible pollution of public waters, both
during and after construction in accordance with Chapter 1101 and 1105 of the
City Code;
2. the visibility of structures and other facilities as viewed from public waters is
limited;
3. the site is adequate for water supply and on-site sewage treatment; and
4. the types, uses and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
D. Conditions attached to conditional use permits. The City of Lino Lakes, upon
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consideration of the criteria listed above and the purposes of this ordinance, shall attach such
conditions to the issuance of the conditional use permits as it deems necessary to fulfill the
purposes of this ordinance and Section 5, Subd. 5 of the City Zoning Ordinance. Such
conditions may include, but are not limited to, the following:
1. increased setbacks from the ordinary high water level;
2 limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
3. special provisions for the location, design, and use of structures, watercraft
launching and docking areas, and vehicle parking areas.
E. The City Council shall hear and decide applications for conditional uses permissible
under this ordinance in accordance with Conditional Use Permit approval process of the City
Code.
Subd. 3. Permitted Accessory Uses.
A. The permitted accessory uses in the Shoreland Overlay District are those uses allowed
and regulated as accessory uses by the applicable underlying zoning district as indicated on
the Official Zoning Map of the City of Lino Lakes.
B. Water -oriented accessory structures are permitted when constructed in accordance with
the design criteria of Section 1102.07, Subd. 2B.
C. Dock and boat launches are permitted provided they are constructed on the same lot
as the principal structure.
Subd. 4. Prohibited Uses. Any uses which are not permitted or conditional uses as
regulated by the applicable underlying zoning district as indicated on the Official Zoning Map
are not permitted.
1102.07 Zoning and Water Supply/Sanitary Provisions
Subdivision 1. Lot Area and Width Standards. The following standards shall apply to
all lots within the Shoreland Overlay District provided that the resulting total development
density in the shoreland area does not exceed the total City-wide shoreland density allowed based
on State of Minnesota shoreland standards. The City, in its evaluation of any development, shall
evaluate the proposed development in light of the development capacity of the City-wide
Shoreland Overlay District. Where the requirements of the underlying zoning district are more
or less restrictive than those set forth herein, the more restrictive standards shall apply.
A. Residential (R-1, R -1X, R-2, R-3, R-4) Zoning Districts.
NE RD GD T
1. Lot Area Per Unit
a. Unsewered* 10 acres 10 acres 10 acres 10 Acres
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b. Sewered Abutting **
Single Family 20,000 20,000 20,000
Two Family/
Duplex 8,775 8,775 8,775
Triplex/Quad/
Townhome 6,000 6,000 6,000
c. Sewer Non -Abutting **
Single Family 10,800 10,800 10,800
Two Family/
Duplex 8,775 8,775 8,775
Triplex/Quad/
Townhome 5,000 5,000 5,000
2. Lot Width/Base Lot***
a. Unsewered* 330 330 330 330
b. Sewered Abutting
Single Family 80 80 80 80
Two Family/
Duplex 130 130 130 130
Triplex/Quad/
Townhome 130 130 130 130
c. Sewered Non -Abutting
Single Family 80 80 80 130
Two Family/
Duplex 130 130 130 130
Triplex/Quad/
Townhome 130 130 130 130
B. Commercial and Industrial (NB, LB, GB, CB, SC, LI, GI) Zoning Districts.
NE RD GD T
1. Lot Area
a. Unsewered 1 acre 1 acre 1 acre 1 acre
b. Sewered Abutting
Commercial 1 acre 1 acre 1 acre **
Industrial 1 acre 1 acre 1 acre
c. Sewered Non -Abutting
Commercial ** ** ** **
Industrial 1 acre 1 acre 1 acre 1 acre
2. Lot Widths***
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a. Unsewered
Commercial 100 100 100 100
Industrial 150 150 150 150
b. Sewered Abutting
Commercial 100 100 100 100
Industrial 150 150 150 150
c. Sewered Non -Abutting
Commercial ** ** ** **
Industrial 150 150 150 150
* Lot size requirement in unsewered area are delineated in Section 4, Subdivision 17 and
Section 6, Subdivisions 2 and 3.
** Lot area and width requirements along rivers in sewered areas and commercial zoning
districts in sewered areas will be delineated by the standards of the base zoning districts.
***
Lot widths shall be measured at both the front building setback line and at the setback
from the ordinary high water level.
C. Additional Special Provisions.
1. Only land above the ordinary high water level of public waters and outside
existing watercourses can be used to meet the lot area standards.
2. The shoreland lot width standards must be met at both the ordinary high water
level and the building setback line.
3. All single family, two family, triplex, quadraminium, townhouse, commercial and
industrial subdivisions must provide a grading and drainage plan for review and
approval of the City Engineer and Rice Creek Watershed District. The grading
and drainage plan shall include:
a. Compliance for the impervious surface standards of the respective zoning
district.
b. The subdivision or lot development shall provide for the collection and
treatment of storm water in compliance with the Lino Lakes local Storm
Water Management Plan if determined that the site improvements will result
in increased runoff directly entering a public water. All grading and drainage
plans shall require review and approval by the City Engineer and the Rice
Creek Watershed District.
c. Measures to be taken for the treatment of storm water runoff and/or
prevention of storm water from directly entering a public water. The
measures may include, but not be limited to the following:
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1. Appurtenances as sedimentation basins, debris basins, desilting basins or
silt traps.
2. Installation of debris guards and microsilt basins on storm sewer inlets.
3. Use where necessary, oil skimming devices or sump catch basins.
4. Direct drainage away from the lake and into pervious, grassed, yards
through site grading, use of gutters and downspouts.
5. Construct sidewalks and driveways of partially pervious raised materials
such as decking which has natural earth or other previous material beneath
or between the planking.
6. Use grading and construction techniques which encourage rapid
infiltration, e.g. sand and gravel under impervious materials with adjacent
infiltration swales graded to lead into them.
7. Install berms, water bars, or terraces which temporarily detain water
before dispersing it into pervious area.
4. Impervious surface coverage of lots must not exceed the following percentages
of lot area:
NE RD GD R
Single Family Residential 30% 30% 30% 30%
Two Family/Duplex 30 % 30 % 30 % 30 %
Triplex/Quad/Townhomes 35 % 35 % 35 % 35 %
Commercial/Industrial 60% 60% 60% 60%
5. Medium density residential,commercial, and industrial structures, parking areas,
and other facilities shall be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks, or
color, assuming summer, leaf -on conditions. Vegetative and topographic
screening shall be preserved, if existing, or may be required to be provided.
6. Accessory structures and facilities shall meet the required principal structure
setback and shall be centralized.
7. Multiple family developments shall contain open space meeting the following
criteria:
a. At least thirty-five (35) percent of the total development area shall be
preserved as open space.
b. Dwelling units or sites, land covered by road surfaces, parking areas, or
structures are developed areas and shall not be included in the computation of
minimum open space.
Page 13
c. Open space shall include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic
sites or unplatted cemeteries.
d. The shore impact zone, based on normal structure setbacks, shall be included
as open space. At least fifty (50) percent of the shore impact zone area of
existing developments or at least seventy (70) percent of the shore impact
zone area of new developments shall be preserved in its natural or existing
state.
8. Residential subdivisions exceeding those permitted by the lot area standards of
Section 1102.07 can only be allowed if designed and approved as a residential
planned unit development under Section 1102.13 of this Ordinance.
Subd. 2. Placement, Design, and Height of Structures.
A. Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures exist on the
adjoining lots on both sides of a proposed building site, structure setbacks may be altered
without a variance to conform to the adjoining setbacks from the ordinary high water level,
provided the proposed building site is not located in a shore impact zone. Structures shall
be located as follows.
1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High
Water Level.
Sewage
Classes of Structures Treatment
Public Waters Unsewered Sewered System
Lakes
Natural Environment 150 150 150
Recreational Development 100 75 75
General Development 75 50 50
Rivers and Streams 100 50 75
.
One water -oriented accessory structure exclusive of one dock and lake access per
individual lot, designed in accordance with Section 1102.07, Subd. 2B of this
ordinance may be set back a minimum distance of ten (10) feet from the ordinary
high water level.
2. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the water body:
Setback From: Setback (in feet)
a. top of bluff 30
b. unplatted cemetery; 50
Page 14
c. right-of-way line of federal, state, 40
or county highway; and
d. right-of-way line of a town road,
`- public street or other roads or streets
not classified.
30
3. Uses Without Water -oriented Needs. Uses without water -oriented needs must
be substantially screened from view from the water by vegetation or topography,
assuming summer, leaf -on conditions.
4. Exceptions to Structure Setback Requirements.
a. Accessory structures may be located in the front yard of lakeshore properties
upon approval of a riparian lot variance.
B. Design Criteria for Structures.
1. High Water Elevations.
a. Structures must be placed with the lowest floor three feet above the (OHW)
Ordinary High Water Level in accordance with the Local Water Management
Plan for the City of Lino Lakes.
b. Water -oriented structures may have the lowest floor placed lower than the
elevation determined in the Local Water Management Plan if the structure is
.— constructed of flood -resistant materials to the elevation, electrical and
mechanical equipment is placed above the elevation and, if long duration
flooding is anticipated, the structure is built to withstand ice action and wind -
driven waves and debris.
2. Water -oriented Accessory Structures. Each lot may have one water -oriented
accessory structure not meeting the normal structure setback in 1102.07, Subd.
2A of this ordinance if this water -oriented structure complies with the following
provisions:
a. the structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached
decks must not exceed eight feet above grade at any point;
b. the setback of the structure or facility from the ordinary high water level must
be at least ten (10) feet;
c. the structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf -on conditions;
d. the roof may be used as a deck with safety rails, but must not be enclosed or
�-' used as a storage area;
Page 15
e. the structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities; and
f. within the shoreland areas of general development and recreational
development waterbodies, water -oriented accessory structures used solely for
watercraft storage, and including storage or related boating and water -oriented
sporting equipment, may occupy an area up to 400 square feet provided the
maximum width of the structure is 20 feet as measured parallel to the
configuration of the shoreline.
3. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative
to major topographic alterations for achieving access up and down steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
a. stairways and lifts must not exceed four feet in width on residential lots.
Wider stairways may be used for commercial properties, public open -space
recreational properties and planned development overlays;
b. landings for stairways and lifts on residential lots must not exceed 32 square
feet in area. Landings larger than 32 square feet may be used for commercial
properties, public open -space recreational properties and planned development
overlays;
c. canopies or roofs are not allowed on stairways, lifts, or landings;
d. stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and
built in a manner that ensures control of soil erosion;
e. stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf -on conditions, whenever practical; and
f. facilities such as ramps, lifts, mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of subitems (1) to (5) or complied
with in addition to the requirements of Minnesota Regulations, Chapter 1340.
4. Significant Historic Sites. No structure may be placed on a significant historic
site in a manner that affects the values of the site unless adequate information
about the site has been removed and documented in a public repository.
5. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions must be
attached to issued permits to prevent erosion and to preserve existing vegetation
Page 16
screening of structures, vehicles, and other facilities as viewed from the surface
of public waters, assuming summer, leaf -on vegetation.
C. Height of Structures. All structures shall not exceed 36' in height, except churches
and nonresidential agricultural structures.
1102.08 Nonconformities. All legally established nonconformities as of the date of this
ordinance may continue, but they will be managed according to applicable state statutes and
other regulations of the City of Lino Lakes for the subjects of alterations and additions, repair
after damage, discontinuance of use, and intensification of use; except that the following
standards will also apply in the Shoreland Overlay District.
Subdivision 1. Construction on nonconforming lots of record.
A. Lots of record in the Office of the County Recorder prior to the date of enactment
of this ordinance which do not meet the requirements of 1102.07, Subd. 1 may be allowed
as building sites without variances from lot size requirements provided:
1. such use is permitted in the underlying zoning district,
2. the lot is and has been in separate ownership from abutting lands at all times
since it became substandard,
3. the lot was created compliant with official controls in effect at the time,
4. all other dimensional requirements are complied with insofar as practical, and
5. sewage treatment and setback requirements of this ordinance are met.
B. A variance from setback requirements must be obtained before any use or building
permit is issued for a lot. In evaluating the variance, the City Council shall consider sewage
treatment and water supply capabilities or constraints of the lot and shall deny the variance
if adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 1102.07, Subd. 1 of this ordinance
the lot must not be considered as a separate parcel of land for the purposes of sale or
development. The lot must be combined with the one or more contiguous lots so they equal
one or more parcels of land, each meeting the requirements of Section 1102.07 of this
ordinance as much as possible.
Subd. 2. Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of this ordinance. Any
deviation from these requirements must be authorized by a variance pursuant to 1102.04,
Subd. 3.
Page 17
B. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and
standards are met:
1. the structure existed on the date the structure setbacks were established;
2. a thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure;
3. the deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive; and
4. the deck is constructed primarily of wood, and is not roofed or screened.
Subd. 3. Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 1102.11 of this
ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is
required for any improvement on, or use of, the property. For the purposes of this
provision, a sewage treatment system shall not be considered nonconforming if the only
deficiency is the sewage treatment system's improper setback from the ordinary high water
level.
B. The governing body of the City of Lino Lakes has by formal resolution notified the
commissioner of its program to identify nonconforming sewage treatment systems. The City
of Lino Lakes will require upgrading or replacement of any nonconforming system identified
by this program within a reasonable period of time which will not exceed 2 years. Sewage
systems installed according to all applicable local shoreland management standards adopted
under Minnesota Statues, section 103F.211, in effect at the time of installation may be
considered as conforming unless they are determined to be failing, except that systems using
cesspools, leaching pits, seepage pits, or other deep disposal method, or systems with less
soils treatment area separation above groundwater than required by the Minnesota Pollution
Control Agency's Chapter 7080 for design of on-site sewage treatment systems shall be
considered nonconforming.
1102.09 Shoreland Alterations. Alterations of vegetation and topography in the Shoreland
Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and
wildlife habitat.
Subdivision 1. Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures, sewage treatment
systems, uses permitted in the underlying zoning district and the construction of roads and
parking areas regulated by 1102.09, Subd. 3 of this ordinance are exempt from the
vegetation alteration standards that follow.
Page 18
B. Removal or alteration of natural vegetation, except for agricultural and forest
management uses as regulated in Section 1102.10, shall be restricted to prevent erosion into
protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetic.
Removal of natural vegetation in the Shoreland Overlay District is allowed subject to the
following standards:
1. Clear cutting of natural vegetation is prohibited.
2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees
is allowed to provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas, access paths,
beach and watercraft access areas, and permitted water -oriented accessory
structures or facilities, provided that:
a. the screening of structures, vehicles, or other facilities as viewed from the
water, assuming summer, leaf -on conditions, is not substantially reduced;
b. along rivers, existing shading of water surfaces is preserved;
c. the above provision is not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
3. Natural vegetation shall be restored insofar as feasible after any construction
project is completed to retard surface runoff and soil erosion.
4. The provisions of this section shall not apply to permitted uses which normally
require the removal of natural vegetation.
Subd. 2. Topographic Alterations/Grading and Filling.
A. Grading, filling and excavations necessary for the construction of structures, sewage
treatment systems, driveways and other uses permitted in the underlying zoning district under
validly issued construction permits for these facilities do not require the issuance of a
separate grading and filling permit. However, the grading and filling standards in this
Section must be incorporated into the issuance of permits for construction of structures,
sewage treatment systems and driveways.
B. Public roads and parking areas are regulated by Section 1102.09, Subd. 3 of this
ordinance.
C. Notwithstanding Items A and B above, a grading and filling permit, in accordance
with Section 4, Subd. 33 of the City Zoning Ordinance, will be required for:
1. the movement of more than ten (10) cubic yards of material on steep slopes or
within the shore impact zone; and
2. the movement of more than 50 cubic yards of material per acre.
D. The following considerations and conditions must be adhered to during the issuance
Page 19
of construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
1. Grading or filling in any wetland must be evaluated to determine the extent of
impact to the functions and values of the wetland area in accordance with Section
1104 of the City Code. This evaluation must also include a determination of
whether the wetland alteration being proposed requires permits, reviews, or
approvals by other local, state, or federal agencies such as a watershed district,
a local governmental unit, the Minnesota Department of Natural Resources, or
the United States Army Corps of Engineers. The applicant will be so advised.
2. Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible.
Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible;
3. Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used. Altered areas must be stabilized to
acceptable erosion control standards consistent with the field office technical
guides of the Anoka County Soil and Water Conservation District and the United
States Soil Conservation Service;
4. Fill or excavated material must not be placed in a manner that creates an unstable
slope. Plans to place fill or excavated material on steep slopes must be reviewed
by qualified professionals for continued slope stability and must not create
finished sloped of 30 percent or greater;
5. Any alterations below the ordinary high water level of the waterbodies described
in 1002.05, Subd. 1B must first be authorized by the Commissioner under
Minnesota Statutes, Section 103G.245;
6. Alterations of topography must only be allowed if they are necessary to allow a
defined permitted accessory or conditional use within the underlying zoning
district and do not adversely affect adjacent or nearby properties; and
7. Placement of natural rock riprap, including associated grading of the shoreline
and placement of a filter blanket, is permitted if the finished slope does not
exceed three feet horizontal to one foot vertical, the landward extent of the riprap
is within ten feet of the ordinary high water level, and the height of the riprap
above the ordinary high water level does not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations may be given only after
the Commissioner has approved the proposed connection to public waters.
`- Subd. 3. Placement And Design of Roads, Driveways, and Parking Areas.
Page 20
A. Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public
waters. Documentation must be provided by a qualified individual that all roads and parking
areas are designed and constructed to minimize and control erosion to public waters
consistent with the Lino Lakes Local Water Management Plan.
B. Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within shore impact zones when other reasonable and feasible placement alternatives
exist. If no alternatives exist, they may be placed within these areas, and must be designed
to minimize adverse impacts.
C. Public and private watercraft access ramps, approach roads, and access -related
parking areas may be placed within shore impact zones provided the vegetative screening and
erosion control conditions of this subpart are met. For private facilities, the grading and
filling provisions of 1102.09, Subd 2 of this ordinance must be met.
Subd. 4. Stormwater Management.
A. Impervious surface coverage of lots must not exceed the impervious surface
percentage of lot area outlined in Section 1102.07 C4 of this ordinance.
B. When possible, existing natural drainageways, wetlands and vegetated soil surfaces
must be used to convey, store, filter, and retain stormwater runoff before discharge to public
waters.
C. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities
or methods used to retain sediment on the site.
D. When development density, topographic features, and soil and vegetation conditions
are not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins,
skimming devices, dikes, waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-
made materials and facilities. Residential, commercial and industrial subdivisions and site
plans shall provide for the collection and treatment of storm water in compliance with the
City Storm Water Management Plan if determined that the site improvements will result in
increased runoff directly entering a public water. All grading and drainage plans shall
require review and approval by the City Engineer and the Rice Creek Watershed District.
E. When constructed facilities are used for stormwater management, documentation must
be provided by a qualified individual that they are designed and installed consistent with the
Lino Lakes Local Water Management Plan.
F. Newly constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural,
Page 21
Forestry and Extractive Uses and Mining of Metallic Minerals and Peat.
Subdivision 1. Standards for Commercial, Industrial, Public and Semipublic Uses.
Surface water -oriented commercial uses and industrial, public, or semipublic uses with similar
needs to have access to and use of public waters may be located on parcels or lots with frontage
on public waters. Those uses with water -oriented needs must meet the following standards:
A. in addition to meeting impervious coverage limits, setbacks, and other zoning
standards in this ordinance, the uses must be designed to incorporate topographic and
vegetative screening of parking areas and structures;
B. uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum size
necessary to meet the need; and
C. uses that depend on patrons arriving by watercraft may use signs and lighting to
convey needed information to the public, subject to the following standards:
1. No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
or on public waters by a public authority or under a permit issued by the Anoka
County Sheriff;
2. Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed information.
They must only convey the location and name of the establishment and the
general types of goods or services available. The signs must not contain other
detailed information such as product brands and prices, must not be located
higher than ten feet above the ground, and must not exceed 32 square feet in size.
If illuminated by artificial lights, the lights must be shielded or directed to prevent
illumination out across public waters; and
3. Other outside lighting may be located within the shore impact zone or over public
waters if it is used primarily to illuminate potential safety hazards and is shielded
or otherwise directed to prevent illumination out across public waters. This does
not preclude use of navigational lights.
Subd. 2. Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones
are maintained in permanent vegetation or operated under an approved conservation plan
consistent with the Lino Lakes Local Water Management Plan, as provided by a qualified
individual or agency. The shore impact zone for parcels with permitted agricultural land
uses is equal to a line parallel to and 50 feet from the ordinary high water level.
B. Animal feedlots must meet the following standards:
Page 22
1. new feedlots must not be located in the shoreland of watercourses and must meet
a minimum setback of 300 feet from the ordinary high water level of all public
waters basins; and
•-- 2. modifications or expansions to existing feedlots that are located within 300 feet
of the ordinary high water level are allowed if they do not further encroach into
the existing ordinary high water level setback.
Subd. 3. Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source
Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota."
Subd. 4. Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development and
restoration plan must be developed, approved, and followed over the course of operation of
the site. The plan must address dust, noise, possible pollutant discharges, hours and duration
of operation, and anticipated vegetation and topographic alterations. It must also identify
actions to be taken during operation to mitigate adverse environmental impacts, particularly
erosion, and must clearly explain how the site will be rehabilitated after extractive activities
end.
B. Setbacks for Processing Machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels of public
waters.
Subd. 5. Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat,
as defined in Minnesota Statutes, section 93.44 to 93.51, shall be a permitted use provided the
provisions of Minnesota Statutes, section 93.44 to 93.51 are satisfied.
1102.11 Water Supply and Sewage Treatment
Subdivision 1. Water Supply. Any public or private supply of water for domestic
purposes must meet or exceed standards for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
Subd. 2. Sewage treatment. Any premises used for human occupancy must be provided
with an adequate method of sewage treatment as follows:
A. Publicly -owned sewer systems must be used in accordance with Chapter 402 of the
City Code. Any new buildings used for human habitation or human occupancy, including
businesses, located on property adjacent to a sewer main, or in a block through which the
system extends, shall be connected to the municipal sanitary sewer system.
B. All private sewage treatment systems must meet or exceed the Minnesota Pollution
Control Agency's standards for individual sewage treatment systems contained in the
document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy
of which is hereby adopted by reference and declared to be a part of this ordinance.
Page 23
C. On-site sewage treatment systems must be set back from the ordinary high water level
in accordance with the setbacks contained in 1102.07 of this ordinance.
D. All proposed sites for individual sewage treatment systems shall be evaluated in
accordance with the criteria in subitems 1-4. If the determination of a site's suitability
cannot be made with publicly available, existing information, it shall then be the
responsibility of the applicant to provide sufficient soil borings and percolation tests from on-
site field investigations.
Evaluation criteria:
1. depth to the highest known on calculated ground water table or bedrock;
2. soil conditions, properties and permeability;
3. slope; and
4. the existence of lowlands, local surface depressions, and rock outcrops.
E. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with section 1102.08, Subd. 3 of this ordinance.
1102.12 Subdivision/Platting Provisions
Subdivision 1. Land suitability. Each lot created through subdivision, including planned
development overlays authorized under 1102.13 of this ordinance, must be suitable in its natural
state for the proposed use with minimal alteration. Suitability analysis by the City Council shall
consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography, inadequate water supply
or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant historic sites, or any other
feature of the natural land likely to be harmful to the health, safety, or welfare of future
residents of the proposed subdivision or of the community.
Subd. 2. Consistency with other controls. Subdivisions must conform to all official
controls of this community. A subdivision will not be approved where a later variance from one
or more standards in official controls would be needed to use the lots for their intended purpose.
In areas not served by publicly owned sewer and water systems, a subdivision will not be
approved unless domestic water supply is available and a sewage treatment system consistent
with Sections 1102.07, Subd. 2 and 1102.11 can be provided for every lot. Each lot shall meet
the minimum lot size and dimensional requirements of Section 1102.07, Subd. 1 including at
least a minimum contiguous lawn area, that is free of limiting factors sufficient for the
construction of two standard soil treatment systems. Lots that would require use of holding
tanks shall not be approved.
1102.13 Shoreland Planned Development Overlay
Subdivision 1. Types of PDO's Permissible. Shoreland Planned Development Overlays
as defined in Section 1102.03 of this Ordinance are allowed for new projects on undeveloped
Page 24
land, redevelopment of previously built sites, or conversions of existing buildings and land.
Subd. 2. Processing of Shoreland PDO's. Planned Development Overlays shall be
processed as a conditional use permit in accordance with Section 5, Subd. 5 and Section 6,
Subd. 20 of the Lino Lakes Zoning Ordinance as well as the performance standards outlined
herein.
Subd. 3. Application for a PDO. The application for a PDO/CUP must submit the
following documents in addition to documents required by Section 5, Subd. 5 and Section 6,
Subd. 5 of the Lino Lakes Zoning Ordinance, prior to final action being taken on the application
request:
A. A site plan and/or plat for the project showing locations of property boundaries,
surface water features, existing and proposed structures and other facilities, land alterations,
sewage treatment and water supply systems where public systems will not be provided, and
topographic contours at ten (10) foot intervals or less. When a PDO is a combined
commercial and residential development, the site plan and/or plat must indicate and
distinguish which buildings and portions of the project are residential, commercial or a
combination of the two.
B. A property owners association agreement (for residential PDO's) with mandatory
membership, and all in accordance with the requirements of Section 1102.13, Subd. 6 of this
ordinance.
C. Deed restrictions, covenants, permanent easements or other instruments that:
1. properly address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PDO's; and
2. ensure the long-term preservation and maintenance of open space in accordance
with the criteria and analysis specified in Section 1102.13, Subd. 6 of this
ordinance.
D. When necessary, a master plan/drawing describing the project and the floor plan for
all commercial structures to be occupied.
E. Those additional documents as requested by the City of Lino Lakes that are necessary
to explain how the PDO will be designed and will function.
Subd. 4. Site "Suitable Area" Evaluation. Suitable area for development within a
shoreland planned overlay districts (PDOs) shall exclude all wetland, watercourses, land below
the ordinary high water level of public waters, public street rights-of-way, and public parks.
This suitable area and the proposed project are subject to PDO performance standards governing
density and design.
A. All PDOs must have access to public sanitary sewer and water.
Page 25
B. Lot area and width standards. The following lot are per unit standards shall apply
to all PDOs within the Shoreland Overlay District provided that the resulting total
development density in the shoreland area does not exceed the total City-wide
shoreland density allowed based on State of Minnesota shoreland standards. The
City, in its evaluation of any PDO, shall evaluate the proposed PDO density in light
of the development capacity of the City-wide Shoreland Overlay District. Where the
requirements of the underlying zoning district are more or less restrictive than those
set forth herein, the more restrictive standards shall apply.
1. Residential (R-3, R-4 Zoning Districts)
NE RD GD T
a. Lot Area:
Townhomes 5,000 5,000 5,000 5,000
Apartments/
Condominiums 2,900 2,900 2,900 2,900
b. Lot Width:
Townhomes 150 130 130 130
Apartments/
Condominiums 150 130 130 130
c. Setbacks:
1. OHWL 200 feet
2. Setback from Streets:
a. Right -of -Way Line of Federal,
State or County Highway 40 feet
b. Local Street 30 feet
3. Side Yard Setback 20 feet
4. Setback Between Buildings on
Multiple Building Site 35 feet
5. Bluff Setback 50 feet
C. Maintenance and Administration Requirements.
1. Before final approval of a planned development overlay, adequate provisions must
be developed for preservation and maintenance in perpetuity of open spaces and
for the continued existence and functioning of the development.
2. Open Space Preservation. Deed restrictions, covenants, permanent easements,
public dedication and acceptance, or other equally effective and permanent means
must be provided to ensure long-term preservation and maintenance of open
space. The instruments must include all of the following protections:
a. Commercial uses prohibited (for residential PDO's).
b. Vegetation and topographic alterations other than routine maintenance
prohibited.
Page 26
c. Construction of additional buildings or storage of vehicles and other materials
prohibited.
d. Uncontrolled beaching of watercraft prohibited.
3. Development Organization and Functioning. Unless an equally effective
alternative community framework is established, when applicable, all residential
planned unit developments must use an owners association with the following
features:
a. Membership must be mandatory for each dwelling unit or site purchaser and
any successive purchasers.
b. Each member must pay a pro rata share of the association's expenses, and
unpaid assessments can become liens on units or sites.
c. Assessments must be adjustable to accommodate changing conditions.
d. The association must be responsible for insurance, taxes, and maintenance of
all commonly owned property and facilities.
D. Open Space Requirements. Planned development overlays must contain open space
meeting of the following criteria:
1. At least fifty (50) percent of the total project area must be preserved as open
space.
2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water -oriented accessory structures or
facilities are developed areas and shall not be included in the computation of
minimum open space.
3. Open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites
or unplatted cemeteries.
4. Open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commercial dwelling units or site, and
by the general public.
5. Open space must not include commercial facilities or uses, but may contain
water -oriented accessory structures or facilities.
6. The appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means.
�" 7. The shore impact zone, based on normal structure setbacks, must be included as
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open space. For residential PDO's, at least fifty (50) percent of the shore impact
zone area of existing developments or at least seventy (70) percent of the shore
impacts zone area of new developments must be preserved in its natural or
existing state. For commercial PDO's, at least fifty (50) percent of the shore
impact zone must be preserved in its natural state.
E. Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PDO must:
1. Be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This must be accomplished
by limiting the amount and length of time or bare ground exposure. Temporary
ground covers, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques must be used to minimize erosion impacts on surface water
features. Erosion control plans must be in accordance with the Lino Lakes Local
Water Management Plan and approved by the City Council.
2. Be designed and constructed to effectively manage reasonably expected quantities
and qualities of stormwater runoff. Impervious surface coverage must not exceed
thirty-five (35) percent with an approved stormwater management plan and
consistency with Section 1102.09.
F. Centralization and Design of Facilities. Centralization and design of facilities and
structures must be done according to the following standards:
1. Planned development overlays must be connected to publicly owned water supply
and sewer systems.
2. Dwelling units or sites must be clustered into one or more groups and located on
suitable areas of the development. They must be designed and located to meet
or exceed the following dimensional standards for the relevant shoreland
classification, setback from the ordinary high water level, elevation above the
surface water features, and maximum height.
3. Shore recreation facilities, including but not limited to swimming areas, docks,
and watercraft mooring areas and launching ramps, must be centralized and
located in areas suitable for them. Said shared lake access must be approved by
the City Council. Evaluation of suitability must include consideration of land
slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other
relevant factors. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one (1) for each allowable
dwelling unit or site in the first tier (notwithstanding existing mooring sites in an
existing commercially used harbor). Launching ramp facilities including a small
dock for loading and unloading equipment, may be provided for use by occupants
of dwelling units or sites located in other tiers.
4. Structures, parking areas, and other facilities must be treated to reduce visibility
as viewed form public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color, or other means acceptable to the City Council,
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assuming summer, leaf -on conditions. Vegetative and topographic screening must
be preserved, if existing, or may be required to be provided.
5. Accessory structures and facilities, except water -oriented accessory structures,
must meet the required principal structural setbacks and must be centralized.
6. Water -oriented accessory structures and facilities may be allowed if they meet or
exceed design standards contained in Section 1102.07, Subd. 2 of this ordinance
and are centralized.
Subd. 7. Conversions. The City of Lino Lakes may allow existing resorts or other land
uses and facilities to be converted to residential planned unit developments if all of the following
standards are met:
A. Proposed conversions must be initially evaluated using the same procedures for
residential planned development overlays involving all new construction. Inconsistencies
between existing features of the development and these standards must be identified.
B. Deficiencies involving water supply and sewage treatment, structure color, impervious
coverage, open space, and shore recreation facilities must be corrected as part of the
conversion or as specified in the conditional use permit.
C. Shore impact zone deficiencies must be evaluated and reasonable improvements made
as part of the conversion. These improvements must include, where applicable, the
following:
1. Removal of extraneous buildings, docks, or other facilities that no longer need to
be located in shore impact zones.
2. Remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water.
3. If existing dwelling units are located in shore impacts zones, conditions shall be
attached to approvals of conversions that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations, meeting all
setback and elevation requirements when they are rebuilt or replaced.
D. Existing dwelling unit or dwelling site densities that exceed standards in Section
1102.13, Subd. 5 may be allowed to continue but must not be allowed to be increased, either
at the time of conversion or in the future. Efforts must be made during the conversion to
limit impacts of high densities by requiring seasonal use, improving vegetative screening,
centralizing shore recreation facilities, installing new sewage treatment systems, or other
means.
Effective Date. This ordinance will take effect and be in force after its passage and official
publication.
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PASSED by the City Council of the City of Lino Lala- this 10th day of
April
, 1995.
Marilyn Li. Anderson, City Clerk
Vernon F. Reinert, Mayor
Motion for adoption of the foregoing ordinance was seconded by
Council Member Kuether and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said Ordinance was declared duly passed and adopted.
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