HomeMy WebLinkAbout1992-012 Council Ordinances Council Member Elliott introduced the following ordinance and
moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 12 - 92
AN ORDINANCE ADOPTING APPENDIX B1 ENTITLED ZONING ORDINANCE TO THE
LINO LAKES CITY CODE.
I
The City Council of the City of Lino lakes ordains:
Sec. 1. Zoning Ordinance. The Lino Lakes City code is amended
by adding Appendix B1 as the Zoning ordinance. A copy of Appendix
B1 is attached hereto and made a part hereof.
Sec. 2. Effective Date. This ordinance shall be effective
thirty (30) days after its publication.
Passed this 13th day of July 1992 by the Lino Lakes City
Council.
Vernon F. Reinert, Mayor
ATTEST:
MMtri yn N Anderson, Clerk-Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Bergeson and upon vote being taken
thereon, the following voted in favor thereof: Neal, Kuether, Reinert,
Elliott, Bergeson.
The following voted against same: none.
Whereupon said ordinance was declared duly passed and adopted.
CITY OF LINO LADES
ZONING ORDINANCE
ADOPTED July 13, 1992
MAYOR
Vernon F. Reinert
1�
COUNCIL MEMBERS
Wesley A. Neal (Andy)
Sally A. Ruether
Linda A. Elliott
John J. Bergeson
ADMINISTRATOR
Randy Schumacher
n
\ TABLE OF CONTENTS
APPENDIX B1 - Zoning
Section 1 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2 Intent and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 3 Rules and Definitions . . . . . . . . . . . . . . . . . . . . . . . 2
Subd. 1 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Subd. 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 4 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subd. 1 Application of this Ordinance . . . . . . . . . . . . . 22
Subd. 2 Separability • . . . . . . . . . . . . . . . . . . . . 22
Subd. 3 Nonconforming Uses and Structures . . . . . . . . . 22
Subd. 4 Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subd. 5 Lot Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subd. 6 Access to Major Thoroughfares . . . . . . . . . . . . . 26
Subd. 7 Accessory Buildings and Structures . . . . . . . . 26
Subd. 8 Required Yards and Open Space . . . . . . . . . . . . . 30
Subd. 9 Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subd. 10 Front Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subd. 11 Zero Lot Lines - Side and Rear Setbacks . . . 31
Subd. 12 Setbacks Adjacent to Residential Areas . . . . 32
Subd. 13 Setbacks Along Thoroughfares . . . . . . . . . . . . . . 32
Subd. 14 Permitted Encroachments . . . . . . . . . . . . . . . . . . . 32
Subd. 15 Vacated Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subd. 16 Residential Design Standards . . . . . . . . . . . . . . 33
Subd. 17 Areas without Sanitary Sewer . . . . . . . . . . . . . . 34
Subd. 18 Quasi-Public Structures . . . . . . . . . . . . . . . . . . . 35
Subd. 19 Dwelling Units Prohibited . . . . . . . . . . . . . . . . . 35
Subd. 20 Use and Parking of Mobile Homes, Travel
Trailers and Similar Vehicles for
Business and Industry . . . . . . . . . . . . . . . . . . . . . 35
Subd. 21 Parking and Storage of Motor Homes and
Travel Trailers . . . . . . . . . . . . . 35
Subd. 22 Temporary Parking of Recreational
Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subd. 23 Relocated Structures . . . . . . . . . . . . . . . . . . . . . . 36
Subd. 24 Exterior Storage . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subd. 25 Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subd. 26 Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subd. 27 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subd. 28 Access Drives and Access . . . . . . . . . . . . . . . . . . 39
Subd. 29 Fences and Walls . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subd. 30 Tennis Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subd. 31 Swimming Pools . . . . . . . . . . . . . . 41
�. Subd. 32 Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
i
Section 4 General Provisions - continued
�- Subd. 33 Land Reclamation and Land Grading . . . . . . . . 44
Subd. 34 Farming Operations . . . . . . . . . . . . . . . . . . . . . . . 45
Subd. 35 Metes and Bounds Conveyances -
Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . 44
Section 5 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subd. 1 Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subd. 2 Duties of the Zoning Official . . . . . . . . . . . . 49
Subd. 3 Amendments and Rezonings . . . . . . . . . . . . . . . 50
Subd. 4 Site and Building Plan Review . . . . . . . . . . . . 51
Subd. 5 Conditional Use Permits . . . . . . . . . . . . . . . . . . 57
Subd. 6 Certificate of Occupancy . . . . . . . . . . . . . . . . . 61
Subd. 7 Variances and Appeals . . . . . . . . . . . . . . . . . . . . 62
Section 6 District Provisions . . . . . . . . . . . . . . . . . . . . . . . . 64
Subd. 1 Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Subd. 2 "R" Rural District . . . . . . . . . . . . . . . . . 66
Subd. 3 "R-X" Rural Executive Residential
District . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subd. 4 "R-1" Single-Family Residential District 72
Subd. 5 "R-IX" Single-Family Executive
Residential District . . . . . . . . . . . . . . . . . . 75
Subd. 6 "R-2" Two-Family District. . . . . . . . . . . . . . . . . 76
Subd. 7 "R-3" Medium Density Residential
District . . . . . . . . . . . . . . . . . . . . . . . . 81
Subd. 8 "R-4" High Density Residential District . . 85
Subd. 9 No longer used
Subd. 10 "R-6" Manufactured Home Park District . . . . 90
Subd. 11 "R-7" Manufactured Home Subdivision
District . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subd. 12 "NB" Neighborhood Business District . . . . . . 102
Subd. 13 "LB" Limited Business District . . . . . . . . . . . 104
Subd. 14 "GB" General Business District 107
Subd. 15 "CB" Central Business District ill
Subd. 16 "SC" Shopping Center District . . . . . . . . . . . . 114
Subd. 17 "L1" Light Industrial District . . . . . . . . . . . 117
Subd. 18 "G1" General Industrial District . . . . . . . . . 121
Subd. 19 "PSP" Public and Semi-Public District . . 124
Subd. 20 "PDO" Planned Development Overlay District 126
Subd. 21 'OR-BRIO Rural-Business Reserve District. . . . 134
Section 7 Airport Zoning 137
Subd. 1 Airspace Obstruction Zoning. . . . . . . . . . . . . . . 137
Subd. 2 Land Use Safety Zoning 138
Section 8 Parking for All Zoning Districts . . . . . . . . . . . 140
Subd. 1 Minimum Off-Street Parking Space
�-- Requirements 140
ii
Section 8 Parking for All Zoning Districts (continued)
Subd. 2 Parking Location Requirements . . . . . . . . . . . . 143
Subd. 3 General Parking Provisions . . . . . . . . . . . . . . . 143
Subd. 4 Design and Setback Requirements for
Off-Street Areas . . . . . . . . . . . . . . . . . . . . . . . . . 145
Subd. 5 Motor Vehicle Parking . . . . . . . . . . . . . . . . . . . . 146
Subd. 6 Off-Street Loading and Unloading Areas . . . 147
Subd. 7 Traffic Control . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Section 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Section 10 Penalty Section 150
Section 11 Effective Date 151
iii
001-,
Appendix B1 - Zoning
The Zoning Ordinance of Lino Lakes, Minnesota, relating
to and regulating the location, size, use and heights of
buildings, the arrangement of buildings on lots, and the
density of population in the City of Lino Lakes and for the
purpose of promoting the public health, safety, order,
convenience, prosperity and general welfare in said city, and
for said purpose, to divide the city into districts, and make
different regulations for different districts, and amending or
repealing all or parts of certain city ordinances.
The City Council of the City of Lino Lakes does ordain as
follows:
Section 1. Title. This Ordinance shall be known, cited
and referred to as the
CITY OF LINO LAKES ZONING ORDINANCE
except as referred to herein, where it shall be known as "this
Ordinance. "
Section 2 . Intent and Purpose. This Ordinance is adopted
for the purpose of:
(1) Protecting the public health, safety, comfort,
convenience and general welfare.
(2) Dividing the City of Lino Lakes into zones and
districts restricting and regulating therein
the location and use of structures and land
and lot size.
(3) Promoting orderly development of the
residential , business , industrial ,
recreational and public areas.
(4) Providing adequate light, air, and convenience
of access to property.
(5) Limiting congestion in the public right-of-
way.
(6) Preventing overcrowding of land and undue
concentration of structures by regulating the
use of land and buildings in relation to the
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land and buildings surrounding.
(7) Providing for the compatibility of different
land uses and the most appropriate use of land
throughout the City of Lino Lakes.
(8) Protecting and guiding the development of the
rural area.
(9) Conserving and developing natural resources.
(10) Fostering agriculture and other industries.
(11) Preventing a wasteful scattering of population.
(12) Securing safety from flood.
(13) Reducing waste and municipal maintenance cost
from excessive mileage of roads.
(14) Conserving the natural and scenic beauty and
attractiveness of roadsides and lakeshores.
(15) Providing for the administration of this
Ordinance and amendments thereto.
(16) Defining the powers and duties of the
administrative officers and bodies, as
provided hereinafter.
Section 3 . Rules and Definitions.
Subdivision 1. Rules. The language set forth in the
text of this Ordinance shall be interpreted in accordance with
the following rules of construction:
(1) The singular number includes the plural, and
the plural the singular.
(2) The present tense includes the past and future
tenses, and the future the present.
(3) The words "shall" and "will" are mandatory,
and the word "may" is permissive.
(4) Whenever a word or term defined hereinafter
appears in the text of this Ordinance, its
meaning shall be construed as set forth in
such definition thereof.
(5) The masculine gender includes the feminine and
neuter genders.
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(6) All measured distances expressed in feet shall
be to the nearest tenth of a foot.
(7) In event of conflicting provisions, the more
restrictive provision shall apply.
Subd. 2. Definitions
(1) Accessory Building. A portion of the principal
building or a detached structure on the same
lot which is used for an accessory use.
(2) Accessory Use. A use of land or of a building
or portion thereof customarily incidental and
subordinate to the principal use of the land
or building and located on the same lot with
such principal use.
(3) Addition. A structure added to the original
structure at some time after the completion of
the original.
(4) Adjoining Lot or Land. A lot or parcel of land
which shares all or part of a common lot line
with another lot or parcel of land.
(5) Aesthetic. The perception of artistic
elements, or elements in the natural or man-
made environment which are pleasing to the
eye.
(6) Agricultural Farm Buildings. An accessory
building used or intended for use on an active
commercial food producing farm operation of
more than ten (10) acres. A Minnesota
Pollution Control Agency Permit may be
required.
(7) Agriculture. 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
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soil conservation or forestry management
program.
(8) Airport. A place where aircraft can land and
take off, usually equipped with hangars,
facilities for refueling and repair, and
various accommodations for passengers.
(9) Airport. Private Use. Airports which are
intended for use by certain individuals or
associations and not to the public.
(10) Apartment Unit. One or more rooms with private
bath and kitchen facilities comprising an
independent self-contained dwelling unit in a
building containing more than two dwelling
units.
(11) Automobile Service Station. Any building, land
area or other premises, or portion thereof,
used or intended to be used for the retail
dispensing or sales of vehicular fuels; and
including as an accessory use the sale and
installation of lubricants, tires, batteries
and similar accessories.
(12) Base Map. A map having sufficient points or
reference, such as state, county or municipal
boundary lines, streets, easements, and other
selected physical features to allow the
plotting of other data.
(13) Basement. Any floor level below the first
story in a building, except that a floor level
in a building having only one floor level
shall be classified as a basement unless such
floor level qualifies as a first story as
defined herein.
(14) Bay. A part of a building projecting from the
main part.
(15) Boarder. An individual other than a member of
the family occupying the dwelling unit or a
part thereof who, for a consideration, is
furnished sleeping accommodations and may be
furnished meals or other services as part of
the consideration.
(16) Boarding House. A dwelling or part thereof, in
which lodging is provided by the owner or
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operator to more than three boarders.
(17) Boarding Stable, Commercial. The business of
boarding horses for fee for persons not
residing on the premises and may include
instruction, exhibition and sale of horses.
(18) Buildable Land. Land area occurring within the
property lines of a parcel or lot excluding
drainage ways, wetlands, water bodies,
parklands, easements, road rights-of-way, and
slopes in excess of 18 percent.
(19) Building. Any structure having a roof
supported by columns or walls and intended for
the shelter, housing or enclosure of any
individual, animal, process, equipment, goods
or materials of any kind or nature.
(20) Building Coverage. The horizontal area
measured within the outside of the exterior
walls of the ground floor of all principal and
accessory buildings on a lot.
(21) Building Height. The vertical distance of a
building measured from the average elevation
.�, of the finished grade within twenty feet of
the structure to the highest point of the
roof.
(22) Building, Principal. A building in which is
conducted the principal use of the lot on
which it is located.
(23) Commercial Agriculture. The use of land for
the growing and/or production of field crops,
livestock, and livestock products for the
production of income including but not limited
to the following:
(A) Field crops, including: barley, soy
beans, corn, hay, oats, potatoes, rye,
sorghum, and sunflowers.
(B) Livestock, including: dairy and beef
cattle, goats, horses, sheep, hogs,
poultry, game birds and other animals
including dogs, ponies, deer, rabbits and
mink.
(C) Livestock products, including: milk,
butter, cheese, eggs, meat, fur and
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honey.
(24) Commercial Use. Activity carried out for
monetary gain.
(25) Community Association. A homeowners
association organized to own, maintain, and
operate common facilities and to enhance and
protect their common interests.
(26) Conditional Use. A land use or development
that may not be appropriate generally within a
certain district but may be allowed in that
district with appropriate restrictions,
conditions or limitations as imposed by the
City Council.
(27) Conditional Use Permit. A permit issued by the
City Council in accordance with the procedures
specified within this Ordinance as a device to
enable the City Council to assign conditions
to a proposed use or development after
consideration of the adjacent land uses and
the special characteristics which the proposed
use presents.
(28) Condominium. A building, or group of
buildings, in which units are owned
individually, and the structure, common areas
and facilities are owned by all the owners on
a proportional, undivided basis.
(29) Condominium Association. This community
association which administers and maintains
the common property and common elements of a
condominium.
(30) Construction. To construct, to build, devise,
or put together systematically. (Source:
Websters New World Dictionary of the American
Language) .
(30) Critical Area. An area with one or more of the
following characteristics: (1) slopes in
excess of twenty percent; (2) floodplain; (3)
soils classified as having a high water table;
(4) soils classified as highly erodible,
subject to erosion; (5) land incapable of
meeting percolation requirements; (6) land
formerly used for landfill operations or
hazardous industrial use; (7) fault areas; (8)
stream corridors; (9) estuaries; (10) mature
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r strands of native vegetation; (11) aquifer
recharge and discharge areas.
(31) Density. The number of families, individuals,
dwelling units, or housing structures per unit
of land. In this Ordinance, it shall mean
number of dwelling units per acre of buildable
land.
(33) Detached Garage. A one-story accessory
building used or intended for the storage of
motor driven passenger vehicles.
(34) Detached Outdoor Living Area. A flat surfaced
seasonal outdoor room intended for casual
human use which may be screened but may not
have permanent structural walls or be covered
by a permanent roof.
(35) Development. The division of a parcel of land
into two or more parcels; the construction,
reconstruction, conversion, structural
alteration, relocation or enlargement of any
structure; any mining, excavation, landfill or
land disturbance, and any use or extension of
the use of land.
(36) Domesticated Farm Animal Building. A one-story
accessory building used or intended for the
shelter of domestic farm animals and/or
related feed or other farm animal supportive
materials. Said building shall require a
Minnesota Pollution Control Agency Feedlot
Permit.
(37) Dormitory. A building used as group living
quarters for a student body or religious order
as an accessory use for a college, university,
boarding school, orphanage, convent, monastery
or other similar institutional use.
(38) Drainage. The removal of surface water or
groundwater from land by drains, grading or
other means which include runoff controls to
minimize erosion and sedimentation during and
after construction or development, the means
for preserving the water supply and the
prevention or alleviation of flooding.
(39) Drainage System. Any natural or artificial
feature or structure used for the conveyance,
drainage, or storage of surface and/or
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underground water, including, but not limited
to, streams, rivers, creeks, ditches,
channels, conduits, gullies, ravines, washes,
lakes or ponds and structures such as
culverts, drainage tile, dams, bridges and
water storage basins.
(40) Drainageway. Any natural or artificial
watercourse, trench, ditch, swale or similar
depression into which surface water flows.
(41) Drive-In Restaurant. A building or portion
thereof where food and/or beverages are sold
in a form ready for consumption and where all
or a significant portion of the consumption
takes place or is designed to take place
outside the confines of the building, often in
a motor vehicle on the site.
(42) Drive-In Use. An establishment which by
design, physical facilities, service, or by
packaging procedures encourages or permits
customers to receive services, obtain goods or
be entertained while remaining in their motor
vehicles.
(43) Driveway. A private roadway providing access
for vehicles to a parking space, garage,
dwelling or other structures.
(44) Dwelling. A structure or portion thereof
which is used exclusively for human
habitation.
(45) Dwelling, Efficiency. A dwelling unit
consisting of not more than one habitable room
together with kitchen or kitchenette and
sanitary facilities.
(46) Dwelling, Multiple-Family. A structure
containing more than two dwelling units.
(47) Dwelling, Non-farm. A single-family dwelling
located on a farm or otherwise which is not a
farm dwelling.
(48) Dwelling, Single-Family Detached. A dwelling
which is designed for and occupied by not more
than one family and surrounded by open space
or yards and which is not attached to any
other dwelling by any means.
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(49) Dwelling, Townhouse. A one-family dwelling in
^ a row of at least three such units in which
each unit has its own front and rear access to
the outside, no unit is located over another
unit, and each unit is separated from any
other unit by one or more common fire
resistant walls.
(50) Dwelling, Two-Family. A structure containing
two dwelling units, each of which is totally
separated from the other by an unpierced wall
extending from ground to roof or an unpierced
ceiling and floor extending from exterior wall
to exterior wall, except for a common
stairwell exterior to both dwelling units.
(51) Dwelling Unit. One or more rooms, designed,
occupied or intended for occupancy as separate
living quarters, with cooking, sleeping and
sanitary facilities provided within the
dwelling unit for the exclusive use of a
single family maintaining a household.
(52) Earth Sheltered Home. "Earth sheltered" means
constructed so that 50 percent or more of the
exterior surface is covered or in contact with
.� earth. Exterior surface includes all walls
and roof, but excludes garages and other
accessory buildings. Earth covering on walls
is measured from the floor of the structure's
lowest level. Earth covering on the roof must
be at least 12 inches deep to be included in
calculations of earth covering. Partially
completed buildings shall not be considered
earth sheltered.
(53) Easement. A grant of one or more of the
property rights by the property owner to
and/or for the use by the public, a
corporation or another person or entity.
(54) Existing Use. The use of a lot or structure at
the time of the enactment of a zoning
ordinance.
(55) Exterior Storage/Storage Yards. An outside
area where equipment or material relating to
the principal use of a parcel of land is
stored. The stored items are not for sale or
display but are used in the everyday operation
of the principal use.
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(56) Family. An individual or two or more persons
related by blood or marriage or of not more
than five (5) persons (excluding servants) who
need not be related by blood or marriage
living together in a dwelling unit.
(57) Farm. Real property used for commercial
agriculture or horticulture comprising at
least 40 contiguous acres and which may
contain other contiguous or noncontiguous
acreage, all of which is owned and operated by
a single family, family corporation,
individual or corporation.
(58) Farm Building. Any building or accessory
structure other than a farm or nonfarm
dwelling which is used in a farming operation,
including, but not limited to, a barn,
granary, silo, farm implement storage building
or milk house.
(59) Farm Dwelling. A single-family dwelling
located on a farm which is used or intended
for use by the farm's owner, a relative of the
owner, or a person employed thereon.
(60) Farm, Limited. A limited farm is a food
producing use primarily intended for the use
of the residents and on parcels of from one to
ten contiguous acres in size. Limited farming
uses may include the production of crops, such
as fruits, vegetables, flowers, plants, shurbs
and trees. Animals and domestic pets may be
allowed subject to the provisions of City Code
Sections 502 and 503 .
(61) Farm Structure. Any building or structure used
for agricultural purposes.
(62) Fast-Food Restaurant. An establishment whose
principal business is the sale of pre-prepared
or rapidly prepared food directly to the
customer in a ready-to-consume state for
consumption either within the restaurant
building or off premises.
(63) Feedlot. A confined area or structure used for
feeding, breeding, or holding livestock for
eventual sale in which animal waste may
accumulate but not including barns, pens or
other structures used in a dairy farm
operation.
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(64) Floor Area, Net. The total of all floor areas
of a building, excluding stairwells and
elevator shafts, equipment rooms, interior
vehicular parking or loading; and all floors
below the first or ground floor, except when
used or intended to be used for human
habitation or service to the public.
(65) Garage. A deck building or structure, or part
thereof, used or intended to be used for the
parking and storage of vehicles.
(66) Garage, Public. A garage other than a private
garage, used for the housing or care of motor
vehicles, or where such vehicles are equipped
for operation repairs, or kept for
renumeration, hire or sale.
(67) Garage, Storage. Any building or premises used
for the storage only of motor-driven vehicles,
pursuant to previous arrangements, not to
transients, where no equipment, parts, fuel,
grease or oil are sold and vehicles are not
equipped, serviced, repaired, hired or sold.
(68) Grading Plan. Existing topography and proposed
finished grades with a contour interval of no
greater than 2 feel clearly indicating the
relationship of proposed changes to existing
topography and remaining features.
(69) Green Area. Land shown on a development plan,
master plan or official map for preservation,
recreation, landscaping or park.
(70) Historic Site. Structure or area of land or
water of historic, archaeological,
paleontological or architectural value which
has been designated as an historic site in the
Federal Register of historical landmarks, the
Minnesota Historical Society, or by a local
governmental unit.
(71) Home Occupation. Any activity by a resident
carried out for business purposes and which
activity is clearly incidental and secondary
to the residential use of the premises, and
which activity does not change the residential
character thereof.
(72) Homeowners Association. A community
association, other than a condominium
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ADOPTED 7/13/92
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association, which is organized in a
development in which individual owners share
common interests in open space or facilities.
(73) Horse Arena. A building or site used for
showing and training horses, exclusive of
stables, boarding or other overnight or
extended horse care facility.
(74) Horse Breeding Operation. Commercial. A
business for the purpose of breeding and
raising horses and may include scheduled
events such as horse shows, sales and
exhibitions.
(75) Horticulture. The use of land for the growing
or production for income of fruits,
vegetables, flowers, nursery stock, including
ornamental plants and trees, and cultured sod.
(76) Hotel. A facility offering transient lodging
accommodations to the general public and
providing additional services such as
restaurants, meeting rooms, and recreation
facilities. (See Boarding House; Motel)
(77) Individual Sewage Disposal System. A system
for the disposal of sanitary sewage in the
ground, which is so designed and constructed
as to treat sewage in a manner that will
retain most of the settleable solids in a
septic tank and discharge the liquid portion
to an adequate disposal field.
(78) Industrial Park. A large tract of land that
has been planned, developed and operated as an
integrated facility for a number of individual
industrial uses, with special attention to
circulation, parking, utility needs,
aesthetics, and compatibility.
(79) Irrigation System. Any structure or equipment,
mechanized or other, used to supply water for
commercial agriculture or horticulture,
including, but not limited to, wells, pumps,
motors, pipes, culverts, gates, dams, ditches,
tanks, ponds, and reservoirs.
(80) Junkyard. Any area, lot, land, parcel,
building or structure or part thereof used for
the storage, collection, processing, purchase,
sale or abandonment of wastepaper, rags, scrap
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
12
metal or other scrap or discarded goods,
materials, machinery or two or more
unregistered, inoperable motor vehicles or
other type of junk.
(81) Livery Stable. The business of keeping horses
for the purpose of renting to the general
public for unsupervised riding and/or trail
riding.
(82) Lot. A designated parcel, tract or area of
land established by plat, subdivision, or as
otherwise permitted by law, to be used,
developed or built upon as a unit.
(83) Lot Area. The total area within the lot lines
of a lot measured in a horizontal plan.
(84) Lot Depth. The mean horizontal distance
between the front and rear lines of a lot.
(85) Lot of Record. A lot which exists as shown or
described on a plat or deed in the records of
the local registry of deeds.
(86) Lot width. The horizontal distance between the
side lot lines of a lot measured at the
building setback line and parallel to the
front lot line.
(87) Manufactured Home. A manufactured home means a
structure, transportable in one or more
sections, which in the traveling mode is eight
body feet or more in width, or forty body feet
or more in length, or, when erected on side,
is 320 or more square feet, and which is built
on a permanent chassis and designed to be used
as a dwelling with or without permanent
foundation when connected to the required
utilities, and includes the plumbing, heating,
air conditioning, and electrical systems
contained therein; except that the term
includes any structure which meets all the
requirements and with respect to which the
manufacturer voluntarily files a certificate
required by the Secretary of the United States
Department of Housing and Urban Development
and complies with the standards established
under Minnesota Statute 327 including the
Manufactured Home Building Code adopted
therein.
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(88) Manufactured Home Subdivision. A subdivision
designed and/or intended for the sale of lots
for residential occupancy by manufactured
homes.
(89) Manufactured Home Park. Any site, lot, field
or tract of land upon which two or more
occupied manufactured homes are located,
either free of charge or for compensation, and
includes any buildings or structures used or
intended for use as part of the equipment of
the manufactured home park.
(90) Manufactured Home Lot. A plot of land for
placement of a single manufactured home within
a manufactured home park.
(91) Mobil Homes. A single-family detached dwelling
unit or other structure designed for year
around occupancy constructed at a factory or
assembly plant and drawn to the sight on a
permanently attached undercarriage and wheels.
Mobile homes should not include all types of
manufactured homes as defined herein.
(92) Motel. An establishment providing transient
accommodations containing six or more rooms
with at least 25% of all rooms having direct
access to the outside without the necessity of
passing through the main lobby of the
building.
(93) Motor Fuel Station. Any building, land area or
other premises, or portion thereof, used or
intended to be used for the retail dispensing
or sales of vehicular fuels; and including as
an accessory use the sale and installation of
lubricants, tires, batteries and similar
accessories.
(94) Nonconforming Uses. A use or activity which
was lawful prior to the adoption, revision or
amendment of a zoning ordinance, but which
fails, by reason of such adoption, revision or
amendment, to conform to the present
requirements of the zoning district.
(95) Nuisance. An interference with the enjoyment
and use of property.
(96) Office Building. A building used primarily for
conducting the affairs of a business,
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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profession, service, industry or government,
or like activity, that may include ancillary
services for office workers such as a
restaurant, coffee shop, newspaper or candy
stand.
(97) On-Street Parking Space. A temporary storage
area for a motor vehicle which is located on a
dedicated street right-of-way.
(98) Open Space. Any parcel or area of land or
water essentially unimproved and set aside,
dedicated, designated or reserved for public
or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land
adjoining or neighboring such open space.
(99) Open Space, Private. Common open space held in
private ownership, the use of which is
normally limited to the occupants of a single
dwelling or building.
(100)Open Space, Public. Open space owned by a
public agency and maintained by it for the use
and enjoyment of the general public.
(101)Parcel. A separate area of land, including a
lot, having specific boundaries and capable of
being conveyed and recorded.
(102)Parking Lot. An off-street, ground level area,
usually surfaced and improved, for the
temporary storage of motor vehicles.
(103) Parking Space. A space for the parking of a
motor vehicle within a public or private
parking area.
(104) Party Wall. A common shared wall between two
separate structures, buildings, or dwelling
units.
(105)Permitted Use. Any use allowed in a zoning
district and subject to the restrictions
applicable to that zoning district.
(106)Planned Industrial Development. A planned
development that accommodates industrial uses.
(107)Planned Development. An area of a minimum
contiguous size, as specified by ordinance, to
be planned and developed as a single entity
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containing one or more residential clusters or
planned residential developments and/or one or
more public, quasi-public, commercial or
industrial areas in such ranges of ratios of
nonresidential uses to residential uses as
shall be specified.
(108)Poultry Facility. A confined area or structure
used intensively for raising, feeding,
breeding or holding chickens, turkeys and
other poultry for eventual sale or the
production of eggs.
(109)Principal use. The primary or predominant use
of any lot and/or building.
(110)Prof essional Office. The office of a member of
a recognized profession maintained for the
conduct of that profession.
(111)Quarter Quarter Section. The northeast,
northwest, southwest or southeast quarter of a
quarter section delineated by the United
States Government system of land survey and
which is exactly or nearly 40 acres in size.
(112)Recreation Area. A parcel which may include
water bodies and incidental buildings thereto
used or intended for active or passive
recreation, including, but not limited to,
parks, playgrounds, golf courses, hunting
preserves, polo grounds, nature trails, bridle
paths, beaches, campsites, ski and snowmobile
trails, and canoe routes, provided that
parcels on which there are located stadiums,
arenas, bowling alleys, swimming pools, and
other recreational activities conducted
primarily in structures are not recreation
areas.
(113)Recreational Vehicle. A vehicular type portable
structure without permanent foundation, which
can be towed, hauled or driven and primarily
designed as temporary living accommodation for
recreational, camping and travel use and
including but not limited to travel trailers,
truck campers, camping trailers and self-
propelled motor homes.
(114)Relative. Father, mother, brother, sister, son,
daughter, son-in-law or daughter-in-law.
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(115)Restaurant. An establishment where food and
drink is prepared, served and consumed
primarily within the principal building.
(116)Restrictive Covenant. A restriction on the use
of land usually set forth in the deed.
(117)Retail Services. Establishments providing
services or entertainment, as opposed to
products, to the general public, including
eating and drinking places, hotels and motels,
finance, real estate and insurance, personal
services, motion pictures, amusement and
recreation services, health, educational and
social services, museums and galleries.
(118) Sanitary Land Fill. A site for solid waste
disposal.
(119) School. Any building or part thereof which is
designed, constructed or used for educational
or instruction in any branch of knowledge.
(120) School. Parochial. A school supported and
controlled by a church or religious
organization.
(121) School. Private. Any building or group of
buildings the use of which meets state
requirements for primary, secondary, or higher
education and which use does not secure the
major part of its funding of any governmental
agency.
(122) Setback. The distance between the property line
and the nearest line of a building foundation.
(123) Setback Line. That line that is the required
minimum distance from the street right-of-way
line or any other lot line that establishes
the area within which the principal structure
must be erected or placed.
(124) Sian. Any object, device, display or structure,
or part thereof, situated outdoors or indoors,
which is used to advertise, identify, display,
direct or attract attention to an object,
person, institution, organization, business,
product, service, event or location by any
means, including words, letters, figures,
design, symbols, fixtures, colors,
illumination or projected images.
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(125) Sign Area. The entire face of a sign including
the advertising surface and any framing, trim
or molding, but not including the supporting
structure.
(126) Site Plan. The development plan for one or more
lots on which is shown the existing and
proposed conditions of the lot including:
topography, vegetation, drainage, floodplains,
marshes and waterways' open spaces, walkways,
means of ingress and egress, utility services,
landscaping, structures and signs, lighting,
and screening devices; any other information
that reasonably may be required in order that
an informed decision can be made by the
approving authority.
(127) Soil Conservation Plan. A description of the
soils of the site and information on soil
suitability. Also included shall be any
remedial steps taken by the developer to
render the soils suitable and any erosion and
sedimentation controls indicating type and
location of control measures. The plan should
provide for the protection of soils during the
construction process and/or the long-term
occupancy of the site.
U
(128) Specialty Shop. A retail store specializing in
a specific type or class of merchandise, such
as children's clothes, gourmet foods or
cookware, antiques, etc.
(129) Storacge Building. A one-story accessory
building used or intended for the storage of
hobby tools, garden equipment, workshop
equipment, boats, snowmobiles, etc.
(130) Story. That portion of a building included
between the upper surface of any floor and the
upper surface of the floor next above, except
that the topmost story shall be that upper
surface of the topmost floor and the ceiling
or roof above. If the finished floor level
directly above a basement or unused under-
floor space is more than 6 feet above grade as
defined herein for more than 50 percent of the
total perimeter or is more than 12 feet above
grade as defined herein at any point, such
basement or unused under-floor space shall be
considered as a story.
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(131) Story, First. The lowest story in a building
which qualifies as a story, as defined herein,
except that a floor level in a building having
only one floor level shall be classified as a
first story, provided such floor level is not
more than 4 feet below grade, as defined
herein, for more than 50 percent of the total
perimeter, or more than 8 feet below grade, as
defined herein, at any point.
(132) Street, Collector. A street which collects
traffic from local streets and connects with
minor and major arterials. See city's
Function Classification System for Roadways
contained in the Comprehensive Plan.
(133) Street, Local. A street designed to provide
vehicular access to abutting property and to
discourage through traffic. See city's
Function Classification System for Roadways
contained in the Comprehensive Plan.
(134) Street, Minor Arterial. A street with signals
at important intersections and stop signs on
the side streets, and which collects and
distributes traffic to and from collector
streets. See city's Function Classification
System for Roadways contained in the
Comprehensive Plan.
(135) Structure Alteration. Any change in either the
supporting members of a building, such as
bearing walls, columns, beams and girders, or
in the dimensions or configurations of the
roof or exterior walls.
(13 6) Structure/Principal. A structure in which is
conducted the principal use of the lot on
which it is located.
(137) Substantial Improvement. Any extension, repair,
reconstruction, or other improvement of a
property, the cost of which equals or exceeds
fifty percent of the fair market value of a
property either before the improvement is
started or if the property has been damaged
and is being restored, before the damage
occurred.
(138) Swimming Pool. A water-filled enclosure
permanently constructed or portable having a
depth of more than 18 inches, designed, used
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and maintained for swimming.
(139)Tavern. An establishment used primarily for the
serving of liquor by the drink to the general
public and where food or packaged liquors may
be served or sold only as accessory to the
primary use.
(140)Temporary Structure. A structure without any
foundation or footings and which is removed
when the designated time period, activity, or
use for which the temporary structure was
erected has ceased.
(141)Terrace. A raised flat area with sloping sides
or sides held by retaining walls, unroofed and
landscaped or surfaced.
(142)Tool Shed. A small one-story accessory building
used or intended for the storage of hobby
tools and garden equipment.
(14 3)Topography. The configuration of a surface area
showing relative elevations.
(144)Travel Trailer. A recreation vehicle that is
towed by a car or a truck.
(145)Trucking Terminal. An area and building where
cargo is stored and where trucks load and
unload cargo on a regular basis.
(146)Variance. A modification of the strict
provisions of this Ordinance as applied to a
specific piece of property in order to provide
relief for a property owner because of undue
hardship imposed upon the property by this
Ordinance. A variance shall normally be
limited to height, density and yard
requirements. A modification in the allowable
uses within a district shall not be considered
a variance.
(147)Wading Pool. An above-ground or in-ground
structure containing less than 1811 of water.
(148)Warehouse. A building used primarily for the
storage of goods and materials.
(149)Warehousing. Terminal facilities for handling
freight with or without maintenance
facilities.
City of Lino Lakes Zoning Ordinance ~�
ADOPTED 7/13/92
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(150)Yard. An open space that lies between the
principal or accessory building or buildings
and the nearest lot line. Such yard is
unoccupied and unobstructed from the ground
upward except as may be specifically provided
in the zoning ordinance.
(151)Yard, Front. A yard extending across the width
of the lot and measured from the front line of
the lot to the nearest line of the building.
(152) Yard, Side. A yard on each side of the building
between the building and the side line of the
lot and extending from the front yard to the
rear yard.
(153) Zero Lot Line. The location of a building on a
lot in such a manner that one or more of the
building's sides rests directly on a lot line.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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Section 4. General Provisions.
Subdivision 1. Application of this ordinance.
(1) In their interpretation and application, the provisions
of this ordinance shall be held to be the minimum
requirements for the promotion of the public health,
safety, and welfare.
(2) 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.
(3) Except as in this ordinance specifically provided, no
structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall
be used for any purpose nor in any manner which is not in
conformity with this ordinance.
(4) When land is proposed to be annexed to Lino Lakes, a
public hearing shall be held upon the permanent zoning of
said land. The results of the hearing, along with a
recommendation, shall be presented to the city council.
In the event of annexation proceedings becoming final �..�
before the permanent zoning is determined, the annexed
area shall be placed in the most restrictive district and
such classification shall be considered an interim step
pending permanent classification.
Subd. 2 . Separability. It is hereby declared to be the
intention that the several provisions of this ordinance are
separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any
provision of this ordinance to be invalid, such judgment
shall not affect any other provision of this ordinance
not specifically included in said judgment.
(2) If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this
ordinance to a particular property, building, or
structure, such judgment shall not affect other property,
buildings or structures.
Subd. 3 . Nonconforming Uses and Structures.
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ADOPTED 7/13192
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(1) Any structure or use lawfully existing upon the effective
date of this ordinance may be continued at the size and
in a manner of operation existing upon such date except
as hereinafter specified.
(2) No structural alterations shall be made.
(3) When any lawful nonconforming use of any structure or
land in any district has been changed to a conforming
use, it shall not thereafter be changed to any
nonconforming use.
(4) Whenever a nonconforming structure shall have been
damaged by fire, flood, explosion, earthquake, war, riot,
or act of God, it may be reconstructed and used as before
if it be reconstructed within twelve (12) months after
such calamity, unless the damage to the structure is
seventy-five percent (75%) or more of its fair market
value (as estimated by city council or its
representatives) , in which case the reconstruction shall
be for a use in accordance with the provisions of this
ordinance.
(5) Whenever a lawful, nonconforming use of a building or
structure or land is discontinued for a period of one (1)
year, any future use of said building or structure or
land shall be in conformitywith the provisions of this
ordinance.
(6) Any nonconforming use of open land, that is use of land
without buildings, lawfully existing upon the effective
date of this ordinance may be continued for a period of
three (3) years after the effective date of this
ordinance, whereupon such nonconforming use shall cease.
(7) Normal maintenance of a building or other structure
containing or related to a nonconforming use is
permitted, including necessary repairs and incidental
alterations which do not extend or intensify the
nonconforming use.
(8) A lawful nonconforming use may be changed only to a use
that decreases its nonconformity.
(9) Alterations may be made to a structure containing
nonconforming residential units when they will improve
the livability thereof, provided they will not increase
the number of dwelling units or expand the existing build
of structure.
✓�� City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
23
Subd. 4. Home Occupations. The following standards and
criteria shall apply to home occupations in the city.
(1) Residential Districts:
The following requirements of this section must be met
for all home occupations carried on in any residential
district in the city.
(A) Permitted home occupations shall not be conducted
in any building on the premises other than the
principal building which is used by the occupant as
the private dwelling; further, not more than one
room may be used for such home occupation purpose.
(Applicable to R-1, R-1X, R-2 and greater
districts. )
(B) The home occupation shall be carried out by a
member of the family residing in the dwelling unit
with not more than one employee who is not part of
the family.
(C) The use of mechanical equipment other than is usual
for purely domestic or hobby purposes shall not be
permitted.
(D) Exterior display of signs except as such are
permitted by the sign regulations for a residential
district shall not be permitted.
(E) There shall be no exterior storage of equipment or
materials used in permitted home occupations.
(F) Permitted occupations shall not include any of the
following:
(i) The operation of any wholesale or retail
business unless it is conducted entirely by
mail and does not include the sale, shipment,
or delivery of merchandise on the premises.
(This may include delivery services such as
UPS and Federal Express, but no common freight
carriers. )
(ii) More than one chair barber shop or more than
one chair beauty salons or dancing or music
schools with organized classes of more than
one pupil at a time.
(iii)Any activity or function which by its nature
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
24
and/or effect causes a disturbance to the
neighborhood, such as noise, parking, traffic,
etc.
(iv) Home Occupations which create a need for more
than three(3) parking spaces at any given time
in addition to the parking spaces required by
the occupants shall not be permitted.
(2) Rural Districts:
(A) ' Home occupations carried on in the R and R-X
Districts and on lots which are ten (10) acres in
size or larger may be allowed to operate within the
principal structure or permitted accessory
structure.
(B) Permitted agricultural uses in the R and RlX
Districts (and when found to be in conformance with
all other provisions of this Ordinance) need not
meet the provisions of this subdivision.
Subd. 5. Lot Provisions.
(1) Any lot of record existing at the effective date of this
ordinance may be used for the erection of a structure if
it conforms with the use regulations of the district in
which it is located provided it satisfies all other
appropriate provisions of this Ordinance and has frontage
on a public right-of-way.
(2) More than one principal structure per lot may be allowed
in planned developments, and any zoning district except
R-1, R-1X, R-2, R-7 and NB zones provided that all
performance standards and appropriate provisions of this
ordinance are met for the designated land use zoning
district.
(3) The minimum lot area and width requirements established
in this ordinance shall be as follows:
A. For zoning districts with a minimum lot size
requirement of less than 10 acres.
"X" square feet. This minimum lot area requirement
excludes all areas within the lot which are platted
as street right-of-way or is below the 100 year
flood elevation".
B. For zoning districts with a minimum lot size
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
25
requirement of 10 acres or more.
11X11 acres. Up to twenty (20) percent of this
minimum lot area requirements may be comprised of
areas which are platted as street rights-of-way or
is below the 100 year flood elevation.
(4) Undersized Lots.
(A) Any lot of record existing at the. effective date of
this ordinance and held in separate ownership
different from the ownership of adjoining lots,
prior to October 31, 1989, may be used for the
erection of a structure conforming to the use
regulation of the district in which it is located,
even though its area, width, or depth are less than
the minimum requirements of the zoning district
(see paragraph C) .
(B) In areas where more than one lot is held by the
same owner, combination of parcels to meet or to
more closely conform to the current requirement of
the zoning district to the maximum extent possible
is required.
(C) No lot of record may be constructed upon if it
fails to meet at least ten (10) percent of the
minimum lot size, depth, and width requirements of
the zoning district in which it is located or has
less than 7500 square feet.
Subd. 6. Access to major thoroughfares.
Access to any street shown as a collector or minor
arterial roadway on the city's Thoroughfare Plan shall
require review and comment by the affected agency (Anoka
County Highway Engineer or MNDOT) and city.
Subd. 7. Accessory Buildings and Structures.
(1) No accessory building or use shall be constructed or
developed on a lot prior to the time of construction of
the principal building to which it is accessory.
(2) A building or portion thereof used for an accessory use,
other than home occupation, shall be considered as an
accessory building.
(3) Houseboats are to be considered accessory structures for
purposes of applying this ordinance. Any object that
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
26
floats which has sleeping accommodations and facilities
for preparing food shall be defined as a houseboat. All
houseboats which are to be docked or moored within the
city limits for a period of six (6) days or more shall
require an annual Conditional Use Permit. Said permit
shall show the owner, owner's address, boat license
number, whether the boat is to be used as a seasonal
residence and, if so, for what period of time during the
year, type of sanitary sewage facility, water supply, and
plot plan showing method of access to public road. Each
houseboat shall have one off-street parking space within
four hundred (400) feet of the access to the docking of
such houseboat. No houseboat shall be used as a
permanent residence and, further, that utilities
including sanitary sewer, water, electricity, and phone
shall not be extended to the houseboat.
(4) Ice fishing houses stored on parcels of land during
summer months shall be considered an accessory building.
(5) Setbacks for accessory buildings in all districts shall
be determined in accordance with appropriate district
provisions.
(6) No accessory building in a commercial or industrial
district shall exceed the height of the principal
�...� building except by Conditional Use Permit.
(7) A private garage in residential districts shall not be
utilized for business service or industry. Further, not
more than one-half of the space may be rented for the
private vehicles of persons not resident on the premises.
Such garage shall not be used for more than one
commercial vehicle. The gross weight of such vehicle
shall not exceed 11, 075 pounds gross weight.
(8) Roadside Stands. Seasonal, temporary roadside stands for
the sale of agricultural products shall be permitted if:
(A) they are erected at least sixty (60) feet back from
the nearest edge of the roadway surface;
(B) they are used exclusively for the sale of
agricultural products grown in the City of Lino
Lakes; and
(C) adequate parking space is provided off the road
right-of-way and safe vehicular access and
movements are assured.
y,..� City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
27
(9) Total number and specifications of accessory buildings
permitted in residential districts: The following
summarizes the maximum number of accessory buildings
allowed in an individual parcel according to lot size and
residential district.
(A) 20 acres or greater -No requirement.
(R and R-X Districts) -Pole barns acceptable.
No maximum height requirement.
-One attached garage
(maximum square footage not to
exceed the size of the house
foundation) . Each detached
accessory building must be
separate and not physically
attached to another.
(B) 10 to less than 20 acres -1 Tool shed (maximum 400 sq.
ft. )
-1 detached garage (maximum 760
sq. ft. )
-1 Storage building or
domesticated farm animal
building (2400 sq. ft. )
-Pole barns acceptable.
-No maximum height requirement.
-One attached garage (maximum
square footage not to exceed
the size of the house
foundation) . Each detached
accessory building must be
separate and not physically
attached to another.
(C) 5 to less than 10 acres -1 Tool shed (maximum 400 sq.
ft. )
-1 detached garage (maximum 760
sq. ft. )
-1 Storage Building or
domesticated farm animal
building (maximum 1600 sq. ft. )
-Pole barns acceptable.
-No maximum height requirement.
-One attached garage (maximum
square footage not to exceed
the size of the house
foundation) . Each detached
accessory building must be
separate and not physically
attached to another.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
28 �/
r►� (D) 2 1/2 acres to less than 5 -1 Tool shed (maximum 400 sq.
acres (R and R-X Districts) ft. ) manufactured metal
structure optional.
-1 Detached garage (maximum 760
sq. ft. ) , if there is not
attached garage.
-1 Storage building or
domesticated farm animal
building (maximum 1000 sq. ft. )
-No metal corrugated siding or
roof.
-16 ft. maximum height.
Roof and exterior color and
material compatible with home
(except manufactured metal tool
shed) .
-One attached garage (maximum
square footage not to exceed
the size of the house
foundation) . Each detached
accessory building must be
separate and not physically
attached to another.
(E) 1 1/4 acres to 2 1/2 acres -1 Tool shed (maximum 120 sq.
(R and R-X Districts) ft. ) manufactured metal
structure optional.
-1 Detached garage (maximum 760
sq. ft. ) , if there is not
attached garage.
-1 storage building (maximum
800 sq. ft. )
-16 ft. maximum height.
No metal corrugated siding or
roof.
-Roof and exterior color and
material compatible with home
(except manufactured metal tool
shed) .
(F) 1 1/4 acre, or greater -1 Tool shed (maximum 120 sq.
(R-1, R-1X, R-2, R-3, R-4, ft. ) - manufactured metal
R-6, and R-7 Districts structure optional.
-1 detached garage (maximum 760
sq. ft. ) if there is no
attached garage.
-1 storage building (maximum
800 sq. ft. )
-16 ft. maximum height.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
29
-No metal corrugated siding or
roof.
-Roof and exterior color and �,..
material compatible with home
(except manufactured metal tool
shed) .
(G) 32, 671 square feet -A total of 960 square feet
Less than 1 1/4 acre including any attached garage
(R, R-X, R-1, R-1X, R-2 -Not more than one R-7 garage,
R-3 , R-4, R-6, Districts) attached, or detached, and not
more than one additional
detached accessory building.
-16 foot maximum height.
-No metal or corrugated siding
or roof.
-Roof and exterior color and
material compatible with home
(except manufactured tool
shed) .
(H) Under 32, 671 square feet -A total of 880 square feet
(R, R-X, R-1, R-1X, R-2, including any attached garage.
R-3, R-4, R-6, R-7 Districts) -Not more than one garage,
attached or detached, and not
more than one additional
detached accessory building.
-14 foot maximum height.
-Roof and exterior color and
material compatible with home
(except manufactured tool
shed) .
Subd. 8. Required Yards and Open Space.
(1) No yard or other open space shall be reduced in area or
dimension so as to make such yard or other open space
less than the minimum required by this ordinance, and if
the existing yard or other open space as existing is less
than the minimum required, it shall not be further
reduced.
(2) No required yard or other open space allocated to a
building or dwelling group shall be used to satisfy
minimum lot area requirements for any other building.
(3) In no event shall off-street parking space, structures of
any type, buildings, or other features cover more than
sixty-five percent (65%) of the lot area resulting in
less than thirty-five percent (35%) landscaped area in
City of Liao Lakes Zoning Ordinance
ADOPTED 7/13/92
30
residential districts.
Subd 9. Height. Also see subdivision 14 of this section.
(1) The height of structures used for churches, schools,
multiple family residential structures, and similar uses
may extend to forty-five (45) feet in residential
districts.
(2) In Rural and Industrial districts the height of non-
occupancy structures such as radio and television
transmission towers shall not exceed two hundred (200)
feet in height upon the issuance of a conditional use
permit.
(A) The height of utility poles, towers, and other
electrical appurtenances shall not exceed 45 feet
of height in any Rural or Single-Family Residential
district.
(B) The location, appearance, and height of utility
poles, towers, and other electrical appurtenances
shall be considered a conditional use within each
of the city's zoning districts.
(3) Exceptions to the height restrictions in the Rural and
Single-Family Residential Districts shall be lighting
structures for softball/baseball fields and hockey rinks.
The maximum height for softball/baseball lighting
structures shall be eighty (80) feet and for hockey rinks
sixty (60) feet.
Subd. 10. Front Setbacks. In and R=1, R-2, R-3 or greater
district where principal buildings or adjoining lots existed at the
time of adoption of this ordinance have a lesser setback from that
required, the required front yard of a new structure shall not be
less than the average front yard of the buildings on each side lot
for four hundred (400) feet and in no case shall be less than
twenty (20) feet.
Subd. 11. Zero Lot Line - Side and Rear Setbacks. In the R-2,
R-3 or greater districts, all "B" districts and all "I" districts,
the side and rear setback requirements may be excluded provided:
(1) Party walls are used; party wall being defined as a wall
which divides two adjoining properties and in which each
of the owners of the adjoining properties has rights of
enjoyment.
(2) Setback requirements to adjacent lots are increased to be
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
31
at least twice the required minimum setback. The zero --
lot line approach shall be allowed only as a part of a
larger planned development where it becomes integral to
the overall site plan.
Such exclusion from side and rear setbacks shall be
permitted only after issuance of a Conditional Use
Permit.
Subd. 12. Setbacks Adlacent to Residential Areas. Where a
business or industrial district is adjacent to a residential
district, the minimum building setbacks shall be determined in
accordance with appropriate district provisions.
Subd. 13 . Setbacks Along Thoroughfares. Along streets
designated as Collector or Arterial Roadways in the Comprehensive
Plan, the minimum setback from the thoroughfare for all buildings
shall be forty (40) feet from the planned right-of-way line. Where
the right-of-way width has not been established, a one hundred
(100) foot minimum setback from the centerline of all existing
thoroughfares shall be required.
Subd. 14. Permitted Encroachments. The following shall not be
considered as encroachments on setbacks and height requirements
subject to other conditions provided herein:
(1) In any yards: Post, off-street open parking spaces,
flues, belt course, leaders, sills, pilaster, eaves, ,,,,
gutters, awnings, open terraces, service station pump
islands, open canopies, steps, chimneys, flag poles,
ornamental features, open fire escapes, sidewalks, and
fences except as hereinafter amended.
(2) In side and rear yards: Fences thirty percent (30%) open,
walls and hedges six (6) feet in height or less, bays not
to exceed a depth of three (3) feet or contain an area of
more than thirty (30) square feet, fire escapes not to
exceed a width of three (3) feet; balconies eight (8)
feet above grade may extend into the yards to five (5)
feet of a lot line provided said balconies do not extend
over driveways. Breezeways, detached outdoor picnic
shelters, open arbors, trellises and detached outdoor
living rooms may extend to be no nearer than five (5)
feet of a side or rear lot line except that no such
structures shall exceed five hundred (500) square feet.
Covered porches may extend twenty (2 0) f eet into the rear
yard but not closer than ten (10) feet from the rear lot
line.
(3) On a corner lot, nothing shall be placed or allowed to
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
32
110 � grow in such a manner as materially to impede vision
between a height of two and one-half (2 1/2) feet and ten
(10) feet above the centerline grades of the intersecting
right-of-way lines.
(4) In rear yards: Recreational and laundry drying
equipment, picnic tables, detached outdoor living rooms,
and outdoor eating facilities, provided these are not
less than five (5) feet from any lot line.
(5) Height limitations shall not apply to barns, silos, and
other structures on farms, to church spires, belfries,
cupolas, windmills and solar energy devices, monuments,
chimneys and smokestacks, flag poles, non-commercial
television antennae, and parapet walls extending not more
than four (4) feet above the limiting height of the
building except as provided herein.
(6) In any yards: Terraces, steps, exposed ramps
(wheelchair) , uncovered porches, decks, stoops, or
similar features provided they do not extent above the
height of the ground floor level of the principal
structure or to a distance less than five (5) feet from
any side or rear lot line or twenty (20) feet of any
front lot line nor less than one (1) foot from any
existing or proposed access drive. Yard lights and name
plate signs in residential districts, trees, shrubs,
plants, floodlights, or other sources of light
illuminating authorized illuminated signs, or light
standards for illuminating parking areas, loading areas
or yards for safety and security reasons, provided the
direct source of light is not visible from the public
right-of-way or adjacent residential property.
Subd. 15. Vacated Streets. Whenever any street, alley,
easement, or public way is vacated by official action, the zoning
district abutting the centerline of the said vacated area shall not
be affected by such proceeding.
Subd. 16. Residential Design Standards. All permitted
residential dwellings in the R, R-X, R-1, R-1X, and R-2 districts
shall meet the following design criteria:
(1) All structures shall have permanent concrete or treated
wood foundations which will anchor the structure, which
comply with the Uniform Building Code as adopted in the
State of Minnesota and which are solid for the complete
circumference of the house.
(2) Sixty (60) percent of a residential structure shall have
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
33
a minimum width of 20 feet. Width measurement shall not _
take into account overhangs or other projections. Such
width requirement shall be in addition to the minimum
area per dwelling requirements established within this
Ordinance.
(3) Single-family dwellings other than approved earth
sheltered homes shall have at least a 4/12 roof pitch and
shall be covered with shingles or tiles.
(4) All single-family structures must be built in conformance
with Minnesota Statute 327.31 to 327.35 of the Uniform
Building Code as adopted in the State of Minnesota.
(5) The exterior walls of all single-family residences shall
be similar in appearance to normal wood or masonry
residential construction. Any metal siding upon single-
family residence structures shall have horizontal edges
and overlapping sections no wider than 12 inches. Sheet
metal siding shall not be permitted in such districts.
Subd. 17. Areas Without Sanitary Sewer.
(1) In areas without public sanitary sewer, new single-family
lots shall provide at least one (1) acre of buildable
land at least four (4) feet above the seasonal high water
table with a slope of less than five percent (5%) and
with soils with physical properties and percolation rates
suitable for construction of a dwelling and installation �--�
of an on-site disposal system. Seasonal high water table
shall be the hiahest ground water elevation in an average
year.
(2) In areas without public sanitary sewer, single-family
homes may be allowed to be constructed on existing lots
of record less than five (5) acres in size if it can be
shown that said lots can provide a minimum building area
that meets the following requirements. Buildable, well
drained soils with seasonal high water table at least
four (4) feet below the surface, large enough to
accommodate the single-family home, one on-site sewage
system and one back-up system and drainfield.
Determination of site suitability shall be made by the
zoning official or city engineer.
(3) Two-family and multiple-family developments shall not be
permitted in areas without public sewer.
(4) Nonresidential land uses may be permitted in areas
without sanitary sewer only upon the review and
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
34 Nl .
recommendation of the city engineer and city building
official that a properly functioning on-site septic
system and backup system can be constructed on the
property.
(5) All subdivisions in areas without public sanitary sewer
shall be designed such that the larger non-sewered lots
can be resubdivided to provide smaller sewered lots when
sewer becomes available in the future. Homes shall be
located on these lots so as to allow for future
resubdivisions.
Subd. 18. 4uasi-Public Structures. No quasi-public structure
shall be located within the public right-of-way except by permit
issued by the city council, such structure shall include but not be
limited to trash containers, bicycle racks, benches, planting
boxes, awnings, flag poles, light standards, stairs, stoops, light
wells, loading wells, signs and others.
Subd. 19. Dwelling Units Prohibited.
(1) No cellar, garage, tent, travel trailer, basement with
unfinished structure above, or accessory building shall
at any time be used as a dwelling unit.
(2) Manufactured homes shall be located in a manufactured
home park or manufactured home subdivision approved by
the city and the State of Minnesota, and in accordance
with Section 6, subd. 10 (R-6) or Section 6, Subd. 11 (R-
7) of this ordinance, unless such manufactured home meets
the design criteria for the zoning district within which
it is to be located.
(3) No manufactured home which does not comply with the
definition contained herein shall be allowed within the
city unless same was located herein at the time of the
adoption of this ordinance.
Subd. 20. Use and Parking of Mobile Homes, Travel Trailer and
Similar Vehicles for Business or Industry. No mobile home, travel
trailer, motor home, camper, or similar vehicle may be used for
office, business, industrial manufacturing, testing, or storage of
items used with or in a business, commercial or industrial
enterprise.
Subd. 21. Parking or Storage of Motor Home or Travel Trailer.
One travel trailer, motor home, camper, or similar vehicle may be
parked or stored on a residential site when used by the family
residing in the dwelling on such site. Such vehicles or items
shall have affixed thereto current registration or license plates
�\ City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
35
as required by law and shall be stored so that same shall meet all
side, front and rear yard setback requirements of the residential
section of this ordinance and such parking or storage shall u
otherwise meet all other requirements of any other city ordinances
and any state laws. None of such parked or stored vehicles or
items shall be connected to any water or sewage disposal system on
said residential property where same is so parked or stored.
Subd. 22. Temporary Parking of Recreational Vehicles.
Temporary parking and occupancy of one recreational vehicle per
residential parcel shall be allowed for nonresidents of Lino Lakes
for a maximum of a 14-day period in any one year if such parking
and occupancy otherwise complies herewith. Any such occupancy as
stated in this paragraph shall be only for noncommercial use with
no fee paid to the landowner, occupant or renter.
Subd. 23 . Relocated Structures. Before any house or other
structure is moved onto a vacant lot, the design review board shall
report to the city council whether the structure will be compatible
with other development in the area, and conform to all city codes
and ordinances. If the city council concurs with the decision of
the design review board that a structure would depreciate the area
into which it is to be moved, it may withhold issuance of a
building permit for such relocation.
Subd. 24. Exterior Storage.
(1) In all residential districts, all personal property 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: laundry drying,
recreational equipment, home heating fuel tanks, stacked
firewood, construction and landscaping materials or
equipment currently (within a period of twelve months)
being used on the premises, agricultural equipment and
materials if these are used or intended for use on the
premises, and off-street parking of licensed passenger
automobiles and pick-up trucks.
(2) In non-residential districts, all exterior storage shall
be screened. The exceptions are:
(A) merchandise being displayed for sale;
(B) materials and equipment currently being used for
construction on the premises; and
(C) merchandise located on service station pump
islands.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
36
(3) In non-residential districts, up to three commercial
vehicles such as delivery and service trucks up to 11,075
pounds of gross weight may be parked without screening if
such vehicles relate to the principal use. Construction
equipment, trailers, and vehicles over 11,075 pounds
shall require screening.
(4) In all districts, the city council may order the owner of
any property to cease or modify open storage uses
including existing uses, provided it is found that said
use constitutes a threat to the public health, safety,
convenience, or general welfare.
Subd. 25. Refuse. In all districts, all waste, refuse or
garbage shall be kept in an enclosed building or properly contained
in a closed container designed for such purposes. The owner of
vacant land shall be responsible for keeping such land free of
refuse and weeds.
Subd. 26. Screening.
(1) Screening shall be required:
(A) Residential Zones:
(i) Where any off-street parking area containing
six (6) or more parking spaces and is within
thirty (30) feet of any adjoining residential
zone; or
(ii) Where the driveway to a parking area of six
(6) or more parking spaces is within fifteen
(15) feet of an adjoining residential zone.
(B) All Zones:
(i) Where any business or industrial use
(structure, parking or storage) is adjacent to
a property zoned residential. The business or
industry shall provide screening along the
boundary of the residential property.
(ii) Where a business, parking lot or industry is
across the street from a residential zone, but
not on the side of a business or industry
considered to be the front.
(2) Type Required:
(A) The screening required in this section shall
�..� City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
37
consist of earth mounds, berms or ground forms;
fences and walls; landscaping (plant materials) or
landscaped fixtures (such as timbers) used in
combination or singularly so as to block direct
visual access to an object.
(B) The city may consider additional setback as part of
screening.
Subd. 27. Landscaping.
(1) Landscaping on a lot shall consist of a finish grade and
a soil retention cover such as sod, seed and mulch, or
plantings to protect the soil and aesthetic values on the
lot and adjacent property.
(2) In all districts:
(A) All developed uses shall provide landscaping from
urban curb and gutter to the road right-of-way
lines. This landscaped yard shall be kept clear of
all structures, exterior storage and off-street
parking.
(B) Landscaping shall be provided and maintained on all
required front and side yards in all developed
districts except where pavement or crushed stone is
used for walkways or driveways.
Subd. 28. Access Drives and Access.
(1) Access drives may not be placed closer than five (5) feet
to any side or rear lot line. The number, type, and
setback of access drives onto major streets may be
controlled and limited in the interests of public safety
and efficient traffic flow.
(2) Access drives onto country roads shall require a review
by the county engineer. This review shall be required
prior to the issuance of any building permits. The
county engineer shall determine the appropriate location,
size and design of such access drives and may limit the
number of access drives in the interest of public safety
and efficient traffic flow.
(3) Access drives to principal structures which traverse
wooded, steep or open field areas shall be constructed
and maintained to a width and base material depth
sufficient to support access by emergency vehicles. All
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92 �..�
38
access drives (driveways) shall comply with the following
standards:
Driveway/Accessway Standards
Single Family Detached Commercial/Multiple
Family
(A) Maximum Ten feet vertical rise Eight feet rise in
Slopes in 100 horizontal feet. 100 horizontal
(B) Minimum Ten feet driveway base. Ten feet driveway
Width Vegetation should be cleared base or as approved
to 8 feet on each side of by community engineer.
driveway centerline from
the roadway to the front
property line.
(C) Minimum Surface Vehicles. Capable of supporting emergency
fire or other emergency fire or other heavy vehicles.
4 . All lots or parcels shall have direct, adequate, physical
access for emergency vehicles along the frontage of the lot or
parcel from either an existing dedicated public roadway or an
approved private roadway.
5. In addition to the required direct physical access along the
frontage of the lot or parcel to the approved public or
private roadway, a lot or parcel may have existing private
easement access drives to the lot over adjacent lots or
parcels.
See also Section 8, Subd. 4 (1) & (3)
Subd. 29. Fences and Walls. Fences and walls shall require a
building permit and shall be permitted in all yards subject to the
following:
(1) Prior to issuance of a building permit for any boundary
line fence, abutting property owners shall be notified.
(2) Solid walls (such as masonry construction) in excess of
forty-two (42) inches in height shall be prohibited.
(3) Fences in residential districts may be located in any
yard to a height of four(4) feet, except that a fence up
to six (6) feet in height may be erected from the nearest
rear corner of the principal building to the side and/or
rear lot line. Wire fences shall not be permitted in
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13192
39
residential areas.
(4) Should the rear lot line of a lot be common with the side
lot line of an abutting lot, that portion of the rear lot
line equate to the required front yard of the abutting
lot shall not be f enced to a height of more than f our (4)
feet.
(5) Fences located eight (8) feet or more from the rear lot
line may be up to eight (8) feet in height, except that
fences for tennis courts may be up to twelve (12) feet in
height with ten (10) foot setback.
(6) Fences in Business and Industrial districts may be
erected on the lot line to a height of six (6) feet; to
a height of eight (8) feet with a security arm for barbed
wire.
(7) That side of the fence considered to be the face (facing
as applied to fence posts) shall face abutting property.
(8) No fence shall be permitted on public rights-of-way.
(9) Fences which are ninety percent (90%) open (barb wire,
chain link, woven wire, and other similar type fences)
which are for the sole purpose of containing non-domestic
animals 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.
(10) Fences shall be at least thirty percent (30%) open to
provide space for the passage of air. No used material
shall be used in construction of fences.
Subd. 30. Tennis Courts. In all districts, the following
standards shall apply:
(1) A building permit shall be required for all tennis
courts.
(2) A conditional use permit shall be required for all
public, semi-public, and commercial tennis courts.
(3) An application for a building permit or a conditional use
permit shall include a site plan showing the following
along with all required information:
The size, shape, pavement and sub-pavement materials, the
location of the court, the location of the house, garage,
fencing, septic systems and any other structural
City of Lino Lakes Zoning Ordinance
ADOPTED 7113/92
40
improvements on the lot, the location of structures on
all adjacent lots, a grading plan showing all revised
drainage patterns and finished elevations at the four
corners of the court, landscaping and turf protection
around the court, location of existing and proposed
wiring and lighting facilities.
(4) Tennis courts shall not be located closer than ten (10)
feet to any side and rear lot line. Tennis courts shall
not be located within any required front yard.
(5) Tennis courts shall not be located over under-ground
utility lines of any type, nor shall any court be located
within any private or public utility, walkway, drainage
or other easement.
(6) Solid tennis court practice walls shall not exceed ten
(10) feet in height. A building permit shall be required
for said walls. Said walls shall be set back a minimum
of thirty (30) feet from any lot line.
(7) Chain link fencing surrounding the tennis court may
extend up to twelve (12) feet in height above the tennis
court surface elevation.
(8) Lighting for the tennis court shall be directed toward
the tennis court and not toward adjacent property.
Subd. 31. Swimming Pools.
(1) Single Family: The following shall apply to all pools
which are intended for the use of single-family and two-
family dwellings:
(A) A building permit shall be required for any
swimming pool with a capacity of over five thousand
(5, 000) gallons or with a depth of over three and
one-half (3 1/2) feet of water.
(B) An application for a building permit shall include
a site plan showing:
The type and size of pool, location of pool,
location of house, garage, fencing and other
improvements on the lot, location of structures on
all adjacent lots, location of filter unit, pump
and wiring indicating the type of such units,
location of back-flush and drainage outlets,
grading plan, finished elevations and final
treatment (decking, landscaping, etc. ) around pool,
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
41
location of existing overhead or underground
wiring, utility easements, trees, similar features,
and location of any water heating unit.
(C) Pools shall not be located within twenty (20) feet
of any septic tank/drainfield nor within six (6)
feet of any principal structure or frost footing.
Pools shall not be located within any required
front or side yard setbacks.
(D) The pool, filter unit, pump heating unit and any
noise-making mechanical equipment shall be located
at least thirty-five (35) feet from any adjacent or
nearby residence and not closer than ten (10) feet
to any lot line.
(E) Pools shall not be located beneath overhead utility
lines nor over underground utility lines of any
type.
(F) Pools shall not be located within any private or
public utility, walkway, drainage or other
easement.
(G) In the case of underground pools, the necessary
precautions shall be taken during the construction
to:
(i) Avoid damage, hazards or inconvenience to
adjacent or nearby property.
(ii) Assure that property care shall be taken in
stockpiling excavated material to avoid
erosion, dust or other infringements upon
adjacent property.
(H) All access for construction shall be over the
owner's land and due care shall be taken to avoid
damage to public streets and adjacent private or
public property.
(I) Lighting for the pool shall be directed toward the
pool and not toward adjacent property.
(J) A structure or safety fencing of a non-climbable
type at least four (4) feet in height shall
completely enclose the pool, but shall not be
located within any required yard areas.
(K) Water in the pool shall be maintained in a suitable
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
42
manner to avoid health hazards of any type. Such
water shall be subject to periodic inspection by
the local health officer.
(L) All wiring, installation of heating units, grading,
installation of pipes and all other installations
and construction shall be subject to inspections.
(M) Any proposed deviation from these standards and
requirements shall require a variance in accordance
with normal zoning procedures.
(N) Required structure or safety fencing shall be
completely installed within three (3) weeks
following the installation of the pool and before
any water is allowed in the pool.
(0) Drainage of pools into public streets or other
public drainageways shall require written
permission of the appropriate local officials.
(2) Multiple-Family, Commercial and Public Developments: For
private swimming pools which are intended for and used by
the occupants of a multiple-family dwelling and the
guests of the occupants, or for private and public clubs
and organizations, the following regulations shall be met
,.� in addition to those listed above:
(A) No part of the water surface of the swimming pool
shall be less than fifty (50) feet from any lot
line.
(B) No pumps, filter or other apparatus used in
connection with or to service a swimming pool shall
be located less than fifty (50) feet from any lot
line.
(C) The pool area shall be adequately fenced to prevent
uncontrolled access from the street or adjacent
property. Adequate screening, including but not
limited to landscaping, shall be placed between the
pool area and adjacent lot lines.
(D) All deck areas, adjacent patios, or other similar
areas used in conjunction with the swimming pool
shall be located at least thirty (30) feet from any
lot line.
(E) To the extent possible, back-flush water or water
from pool drainage shall be directed onto the
��..� City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
43
owner's property.
Subd. 32. Dra inacte.
(1) No land shall be developed or altered and no use shall be
permitted that results in surface water runoff causing
unreasonable flooding, erosion or deposit of minerals on
said land, adjacent properties or waterbodies. Such
runoff shall be properly channeled into a storm drain, a
natural water course or drainageway, a ponding area or
other public facility.
(2) The zoning official, upon inspection of any site which
has created drainage problems or could create drainage
problems with proposed new development, may require the
owner of said site or contractor to complete a grading
plan.
(3) The owner or contractor of any natural drainage
improvement or alteration may be required by the zoning
official to obtain recommendations from the Minnesota
Department of Natural Resources, the Soil Conservation
District, U.S. Army Corps of Engineers, affected
Watershed District(s) and/or city engineer.
(4) On any slope in excess of eight percent (8%) where, in
the opinion of the zoning official, the natural drainage
pattern may be disturbed or altered, the zoning official
may require the applicant to submit both a grading plan
and a soil conservation plan prior to applying for a
building permit.
Subd. 33. Land Reclamation and Land Grading.
(1) Within this ordinance, land reclamation is the reclaiming
of land by depositing or moving material so as to alter
the grade. Land reclamation shall be permitted by
conditional use permit in all districts. Depositing a
total of more than fifty (50) cubic yards of material per
acre, either by hauling in or regrading the area, shall
constitute land reclamation. Land reclamation in
floodplains shall be in accordance with the floodplain
ordinance. The permit shall include as a condition
thereof a finished grading plan which will not adversely
affect the adjacent land and as conditions thereof shall
regulate the type of material permitted, program for
rodent control, plan for fire control, and general
maintenance of the site, controls of vehicular ingress
and egress, drainage and control of material disbursed
from wind or hauling of material to or from the site.
Ciry of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
44 �,.
(2) No water area shall be filled, partially filled, dredged,
altered by grading, mining or otherwise utilized or
disturbed in any manner without first securing a permit
from the Minnesota Department of Natural Resources, the
U.S. Army Corps of Engineers, and the affected Watershed
District Board. Such grading may be reviewed and
approved by the Department of Natural Resources, the city
engineer, the Watershed District and the design review
board.
(3) Water areas shall include all lakes, ponds, swamps,
streams, drainageways, floodplains, floodways,natural
water courses, underground water resources and similar
features involving directly or indirectly the use of
water within the community.
Subd. 34 . Farming Operations. All farms in existence upon the
effective date of this ordinance and all farms which are brought
into the city by annexation shall be a permitted use. All dwelling
units and structures for processing of farm goods shall require a
building permit and conform to all requirements of the building
code. The city council may require any new farm operation to
secure a conditional use permit in the event of the following:
(1) The farm is adjacent to or within four hundred (400) feet
of any dwelling unit and may be detrimental to living
,^ conditions by emitting noise, odors, vibrations, hazards
to safety, and the like.
(2) The farming operations are so intensive as to constitute
an industrial type use consisting of the compounding,
processing, and packaging of products for wholesale or
retail trade and further that such operations may tend to
become a permanent industrial type operation that cannot
be terminated as can a normal farming operation.
Subd. 35. Metes and Bounds Conveyances. Parcels conveyed by
a metes and bounds description shall not receive city approval for
transfer unless the following conditions or other conditions
stipulated in the approval have been complied with, and unless the
approval of the city council has been obtained.
(1) The applicant shall be required to supply the following
information:
(A) The proposed legal description.
(B) A sketch of the proposed conveyance, at a scale of
not less than one inch to 200 feet.
i. t City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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Said sketch shall also display the following
information: u
(i) The names and addresses of the property owners
with land abutting or having any portion of a
parcel lying within one hundred fifty (150)
feet of any portion of the proposed
conveyance.
(ii) Areas of treecover and marsh or other low
areas, both within the proposed conveyance.
Aerial photographs may be submitted in
satisfaction of this requirement, provided
that they sufficiently show the above
information.
(iii)The location of any utility easements,
roadways, or drainage ditches on or abutting
any portion of the proposed conveyance.
(iv) Indication of how the parcel can be
resubdivided into urban sized lots.
(v) Indication as to where proposed buildings will
be located so as to allow for the future
resubdivision and future streets.
(vi) Indication of areas of suitable soils adequate
for homesite, on-site sewage disposal systems,
and at least one back-up drainfield. An
approximate contour line encompassing the area
of the lot which is at least four (4) feet
above the seasonal high water table.
(C) A brief statement by the owner of the residue of
the parcel of record from which the conveyance is
sought, describing the expected use of said
residue, to the best of said owner's knowledge, for
a period of five years from the date of
application. If the owner has no opinion, "no
opinion" shall be an acceptable response.
(2) The required information shall be submitted to the design
review board for review. In this review, the design
review board shall have authority to require the
submission of additional data, including, but not limited
to, the following:
(A) At the applicant's expense, a survey by a
registered land surveyor of the proposed
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
46
conveyance.
(B) At the applicant's expense, a topographic map at
contour intervals deemed appropriate by the design
review board, prepared by a registered land
surveyor or professional engineer.
(C) At the applicant's expense, a recommendation by the
city engineer relative to the probably impact of
the proposed conveyance on local drainage patterns.
(3) No public hearing shall be required, but the design
review board may, through correspondence, request input
from nearby property owners, and may, at the city's
expense, conduct informal public meetings for the purpose
of obtaining additional citizen input.
(4) Following its review, the design review board shall make
its recommendation to the city council which
recommendation shall be in written form, and shall
include conditions precedent, if any, recommended in
conjunction with any approval.
(5) The city council shall, after receiving the
recommendations of the design review board approve or
deny the application. As a condition of approval, the
city council shall require:
(A) The dedication of easements for utility extensions
and for future collector streets and through
residential streets as determined by either the
conceptual street map adopted for the area or by
the recommendations of the city engineer.
(B) The dedication for part purposes of up to ten
percent (10%) of the land within the parcel of
record sought to be divided, or the cash equivalent
thereof.
(C) The construction of certain roadway, drainage,
landscaping, utility or cosmetic improvements by
the applicant. To this end, the city may enter
into a written development agreement with the
applicant, and require such security for
improvements as the city deems appropriate.
If the city council denies the application, it shall
notify the applicant in writing, making note of its
reasons for denial.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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(6) The city may waive the above requirements for lot splits
of five (5) acres or more which are not part of a larger
subdivision and providing that the city's parkland
dedication requirement is satisfied and that street,
utility and drainage easements or rights-of-way are
provided as necessary.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92 �.. �
48
.-.� Section 5. Administration.
The offices of the city planner and building official are
hereby established; official(s) shall be appointed by the
government body and serve at its pleasure.
Subdivision 1. Duties of the City Planner. The city planner
shall enforce the provisions of this ordinance as provided herein;
in addition to the duties and powers of the city planner under this
ordinance, express or implied, he shall have the duty and power to:
(1) Issue permits required by this ordinance.
(2) Maintain all records necessary for the enforcement of
this ordinance; including, but not limited to, all maps,
amendments, rezonings, and conditional use permits,
variances, appeal notices, certificates of occupancy, and
applications thereof, nonconforming uses.
(3) Receive, file and forward all appeals, notices,
applications for variances, conditional use permits,
certificates of occupancy, or other matters to the
appropriate officials or boards.
(4) Serve as ex-of ficio, non-voting member of the design
review board.
(5) To perform all duties set forth in job description.
Subd. 2 . Duties of the Building Official. The Building
Official shall enforce the provisions of this ordinance as provided
herein; in addition to the duties and powers of the building
official under this ordinance, express or implied, he shall have
the duty and power to:
(1) Conduct inspections of land, buildings or structures at
reasonable times, to determine compliance with and
enforce the provisions of this ordinance.
(2) Perform annual and/or periodic review of all conditional
use permits.
(3) Institute in the name of the city any appropriate actions
or proceedings to enforce this ordinance.
(4) To perform all duties set forth in job description.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13192
49
Subd. 3 . Amendments and Rezoninas. In accordance with the
provisions of Minnesota statutes, the city council may from time to
time amend the zoning ordinance or zoning district map (rezoning) . *�
Amendments to the text may be initiated by council, design review
board, property owner, or resident.
The procedure for an amendment to the zoning ordinance or
zoning district map (rezone) shall be as follows:
(1) Persons wishing to initiate an amendment shall fill out
a "Zoning Form" and be accompanied by a fee as required
in Section 9 of this ordinance to be used for the costs
of processing the application. The Zoning Form shall be
filed with the city planner.
(2) Property owners or occupants within three hundred fifty
(35) feet of any property of five acres or less proposed
for zoning district amendment (rezoning) shall be
notified in writing, although failure by any property
owner to receive such notification shall not invalidate
the proceedings . Notification shall be by mail.
(3) All requests for amendments shall be referred to the
design review board for review and recommendation to city
council.
(4) Site and building plans consistent with the requirements
established in Section 5, Subd. 4 shall be provided prior
to design review board review. This requirement may be
waived if rezoning can be accommodated without review of
a specific proposal.
(5) Upon review of the application, the design review board
shall make a report and recommendation to the city
council.
(6) A public hearing on the rezoning application shall be
held by the design review board or council.
(7) Notice of the purpose, time and place of such public
hearing shall be published in the official newspaper of
the city and mailed to the appropriate property owners at
least ten days prior to the public hearing.
(8) The city council must take action on the application
within sixty (60) days following referral by the design
review board. The person making the application shall be
notified of the action taken. Such action may consist of
City of Lino Lakes Zoning Ordinance
ADOPTED 7113/92
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approval, denial, or referral back to the design review
board. Any action should be accompanied with reasons for
action taken.
(9) No application for rezoning which has been denied shall
be resubmitted for a period of twelve (12) months from
the date of said order of denial unless all reasons for
denial, as outlined by the city council, have been
satisfied.
Subd. 4. Site and Building Plan Review.
(1) General. All structures, except single-family dwellings
and their accessory buildings, to be constructed in the
city shall require site and building plan approval by the
design review board and city council before a building
permit may be issued by the city's building official.
(2) Applications. Applications for site and building plan
review shall be filed with the city planner and shall be
accompanied by:
An application fee in an amount equal to that required in
Section 9 of this ordinance.
Fifteen (15) copies of site and building plans and supporting
data shall be provided. The following information shall be
provided:
(A) A site plan at a suitable scale (no less than 111 _
100' or no greater than 1/211 = 11) , and indicating:
(i) Existing topography having a contour interval
of no greater than 2 feet.
(ii) Suggested plans for proposed storm water
drainage system sufficient to drain and
dispose of all surface water accumulation
within the area, indication of sanitary sewer,
water, gas, electric, etc. , easements, and
written notifications that they have been
reviewed by the city engineer for feasibility
purposes.
(iii)Clear delineation of all streams, water bodies,
and wetlands including normal water level,
high water level and DNR classification.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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(iv) Landscape plans including species and size of
trees and shrubs.
(v) Locations of all buildings, recreation areas,
utility and service areas, access drives,
parking areas, storage areas, existing and
proposed utility lines, and easements.
(vi) Soil type and soil limitations for the
intended use are to be noted. If severe soil
limitations for the intended use are noted, a
plan or statement indicating the soil
conservation practice or practices to be used
to overcome said limitation shall be made part
of the application. (see City Code Sec. 1004
Restrictive Soils Ordinance)
(vii)Location and description of all other site
improvements including fences, walls, signs,
lighting, walkways, patios, decks and
barriers.
(viii)A clear delineation of all areas to be paved or
surfaced, including a description of surfacing
material to be used.
(ix) The planned use of all yards.
(B) Building plans for all structures including:
(i) The size, alignment and intended use of all
structures.
(ii) Preliminary architectural plans for proposed
buildings complete with exterior finishes and
including floor plans and elevations.
(iii)These plans shall also indicate unit sizes,
ratios of dwelling unit to total lot sizes and
parking spaces.
(C) The timing of the construction proposed.
(D) Any other information pertinent to the particular
project which in the opinion of the city planner
and/or the design review board determines is
necessary for the review of the project.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
52
R��
(3) Review.
(A) The city planner shall forward copies of the
application and site and building plans to the
design review board, staff, consultants and
governmental agencies for review and
recommendations.
The design review board shall perform a review and
recommend approval or disapproval to the city
council. They may also suggest such conditions as
they deem necessary to the approval of the site and
building plans.
(B) The report of the design review board shall be
placed on the agenda of the city council at its
next regular meeting following referral from the
design review board.
(C) The city council must take action on the
application within 60 days after receiving the
report from the design review board. All
development, construction and use shall be in
accordance with the approved plan, unless a revised
plan is submitted and approved. Any development
contrary to the approved plans shall constitute a
r...� violation of this ordinance.
(4) Design Standards. Plans which fail to meet the following
standards shall not be approved.
(A) The site and buildings shall be designed,
constructed and maintained to avoid substantial
probabilities of:
(i) Unnecessary detraction from the appearance of
the surrounding area or the city as a whole.
(ii) Aesthetic incompatibility.
(iii)Noise incompatibility.
(iv) Traffic pattern incompatibility.
(v) Accelerated erosion.
(vi) Unnecessary loss of existing natural features
(vegetation, steep slopes, wetlands,
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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53
waterbodies) .
(vii) Increased flood potential.
(B) No development shall be allowed which will result
in unusual maintenance or repair costs of roads,
parking areas or utility lines.
(C) Development shall be permitted only in such a
manner that the maximum number of trees shall be
preserved. It shall be the duty of the person
seeking approval to demonstrate that there are no
feasible or prudent alternatives to the cutting of
trees on the site.
(D) The types and density of land use proposed for the
site shall be suited to the site conditions and
shall adequately correct problems due to soil
limitations, including but not limited to bearing
strength, shrink-swell potential, slope stability,
high groundwater or wetness.
(E) The proposed use shall be sited, designed, oriented
and landscaped to produce a harmonious relationship
of building and grounds to surrounding buildings
and properties and the total neighborhood
environment.
(F) The proposed use shall show sufficient landscaping �..i
to screen undesirable features and to enhance the
appearance of the development.
(G) Building Design.
(i) It is not the intent of the city to restrict
design freedom when reviewing project
architecture. However, it is in the best
interest of the city to promote high standards
of architectural design and compatibility with
surrounding structures and neighborhoods.
Architectural plans should be prepared by an
architect or other qualified person and shall
be acceptable to the design review board and
city council. The plans shall show the
following:
(a) Elevations of all sides of the building.
City of Lino Lakes Zoning Ordinance
ADOPTED 7113/92
54
(b) Type and color of exterior materials.
(c) Floor plans.
(d) Dimensions and locations of all
structures.
(e) Location of trash containers and of
heating and air conditioning equipment.
(f) Parking and storage areas.
(g) Landscaping.
(h) Sign location and detail including size
and coloring.
(ii) All buildings erected on land within the
commercial, industrial, and public, and semi-
public zoning districts shall be of wood
frame, steel, reinforced concrete, masonry or
an equivalent or better material. No building
shall have pole barn type construction nor an
exterior wall surface of sheet metal.
Exterior wall surfaces of all buildings shall
be face brick, glass, stone, decorative block,
architectural concrete cast in place, pre-cast
concrete panel, or architectural metal panel.
Wood may be used as a trim material.
(iii)Pole barn construction and sheet metal
exteriors may be permitted in all commercial,
industrial and public and semi-public zoning
districts as a conditional use under the
following circumstances:
(a) The new pole barns are accessory
structures used for storage of boats,
lumber and building supplies, and buses.
Completion of a sales or office building
shall precede construction of the boat,
lumber and building supplies, and bus
storage buildings. Construction of the
office and sale area building shall be of
approved materials listed in Section (G) .
(b) As an expansion of a pole barn. The
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
'�` 55
expansion shall not be more than 50 per
center of the gross area of the pole barn
as of the passage of the ordinance dated
August 24, 1987. The city may attach
conditions to the expansion to maintain
and enhance the appearance and function
of the building including landscaping and
building exterior requirements.
(H) The proposed use shall preserve the objectives of
this ordinance and shall be consistent with policy
and plan recommendations of the comprehensive plan.
(5) Performance Standards. All uses shall comply with the
requirements of this section. In order to determine
whether a proposed use will conform to the requirements
of this ordinance, the design review board may obtain a
qualified consultant to testify, whose cost for services
shall be borne by the applicant.
(A) Fire Protection. Fire prevention and fighting
equipment acceptable to the Board of Fire
Underwriters and city council shall be readily
available when any activity involving the handling
or storage of flammable or explosive materials is
carried on.
(B) Activities authorized by site and building plan
approval shall be initiated within six months. If ,
such activity is not completed within 18 months,
the site approval shall no longer be in effect, and
application and approval of site and building plans
shall be required.
(C) The applicant or the owner of land affected by such
site and building plan review shall submit to the
city at the time of site and building plan review
application an amount for fee and deposit as
required in Section 9 of this Ordinance.
The applicant shall upon completion of site and
building plan review, submit to the city an
agreement that they will cause all improvements
called for in the site and building plan review to
be completed within the time specified by the city.
Performance of such contracts shall be secured by
the amount submitted at application or additional
amount as may be required by the city council.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
56
,.-., Subd. 5. Conditional Use Permits.
(1) General Statement. Certain uses, while generally not
suitable in a particular zoning district, may under some
circumstances be suitable. When such circumstances
exist, a conditional use permit may be granted.
Conditions may be applied to issuance of the permit and
an annual review of the permit shall be required. The
permit shall be granted for a particular use and not for
a particular person or firm.
Conditional use permits may be granted in accordance with
this subdivision for any use or purpose for which such
permits are required or permitted by this ordinance or as
listed as a conditional use for the zoning districts
provided in Section 6 of this ordinance.
In granting a conditional use permit, the city council
shall consider the advise and recommendations of the
design review board and the effect of the proposed use
upon the health, safety, convenience, and general welfare
of occupants of surrounding lands.
(2) Applications. Applications for site and building plan
review shall be filed with the city planner and shall be
accompanied by:
(3) Standards. The design review board shall recommend a
conditional use permit and the council shall order the
issuance of such permit only if it finds that such use at
the proposed location:
(A) Will not be detrimental to or endanger the public
health, safety, comfort, convenience or general
welfare of the neighborhood or the city.
(B) Will be harmonious with the general and applicable
specific plans and policies of the comprehensive
plan of the city and this ordinance.
(C) Will be designed, constructed, operated, and
maintained so as to be harmonious and appropriate
in appearance with the existing and/or intended
character of the general vicinity and will not
change the essential character of that area.
(D) Will be served adequately by essential public
facilities and services, including streets, police
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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and fire protection, drainage structures, refuse
disposal, water and sewer systems, and schools; or
will be served adequately by such facilities and
services provided by the persons or agencies
responsible for the establishment of the proposed
use.
(E) Will not create excessive additional requirements
at public cost for public facilities and services
and will not be detrimental to the economic welfare
of the community.
(F) Will not involve uses, activities, processes,
materials, equipment and conditions of operation
that will be detrimental to any persons, property,
or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare,
or odors.
(G) Will have vehicular approaches to the property
which are so designed as not to create traffic
congestion or an interference with traffic on
surrounding public thoroughfares.
(H) Will not result in the destruction, loss, or damage
of a natural, scenic or historic feature of major
importance.
(I) Will conform to specific standards of this
ordinance applicable to the particular use.
(4) Reasons for action. Whether the design review board
recommends denial or approval of a conditional use permit
or the council orders such denial or approval, it shall
include in its recommendations or determination findings
as to the ways in which the propose use does or does not
comply with the standards established in this ordinance.
(5) Conditions. In recommending or approving any conditional
use permit, the design review board and the council may
impose conditions which it considers necessary to meet
the standards of this ordinance and to protect the best
interest of the surrounding area or the city as a whole.
Violation of any such condition is a violation of this
ordinance. These conditions may include but are not
limited to the following:
(A) Ingress and egress to property and proposed
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
58
structures thereon with particular reference to
vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or other catastrophe.
(B) Off-street parking and loading areas where
required, with particular attention to the items in
the economic, noise, glare, or odor effects of the
conditional use on nearby property and the items in
(A) above.
(C) Refuse and service areas, with particular reference
to the items in (A) above.
(D) Utilities, with reference to location,
availability, and compatibility.
(E) Diking, fencing, screening, landscaping or other
facilities to protect adjacent or nearby property.
(F) Signs, if any, and proposed exterior lighting with
reference to glare, traffic, safety, economic
effect, and compatibility and harmony with
properties in the district.
(G) Required yards and other open space.
(H) General compatibility with adjacent and other
property in the district.
(6) Expiration. If construction has not begun within one
year after the date of the conditional use permit, or if
substantial construction has not taken place within three
years after the date of issuance of the conditional use
permit, the permit is void. A conditional use permit
authorizes only the conditional use specified in the
permit and expires if, for any reason, the authorized use
ceases for more than one year.
(7) Time Limit. If a time limit or periodic review is
included as a condition by which a conditional use permit
is granted, the conditional use permit may be reviewed at
a public hearing with notice of said hearing published at
least ten (10) days prior to the review; it shall be the
responsibility of the city clerk to schedule such public
hearings and the owner of land having a conditional use
permit shall not be required to pay a fee for said
review.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
59
(8) Records. The city planner shall maintain a record of all
conditional use permits issued including information on
the use, location, conditions imposed by the city
council, time limits, review dates, and such other
information as may be appropriate.
(9) Changes/Alterations. Any change involving structural
alteration, enlargement, intensification of use, or
similar change not specifically permitted by the
conditional use permit issued shall require an amended
conditional use permit and all procedures shall apply as
if a new permit were being issued. All uses existing at
the time of adoption of this ordinance and automatically
granted a conditional use permit shall be considered as
having a conditional use permit which contains conditions
which permits the land use and structures as they existed
on said date and any enlargement, structural alteration,
or intensification of use shall require an amended
conditional use permit as provided for above.
(10) Procedure.
(A) The person applying for a conditional use permit
shall fill out and submit to the city planner a
"Zoning Form" together with a fee as required in
Section 9 of this ordinance and all city code
related material as requested in Section 5, Subd.
5. (3) .
(B) The city planner shall refer the application to the
design review board.
(C) The design review board shall consider the
application at its next regular meeting, but not
earlier than fourteen (14) days from date of
submission to the city planner.
(D) The applicant or his representative must appear
before the design review board in order to answer
questions concerning the proposed conditional use.
(E) The report of the design review board shall be
placed on the agenda of the city council at its
next regular meeting following referral from the
design review board but not later than 90 days
after the applicant has submitted the application.
(F) A public hearing on the conditional use permits
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
60
shall be held by the design review board or the
city council.
(G) At least 10 days prior to the public hearing;
notice of the purpose, time and place of such
public hearing shall be published in the official
newspaper of the city and mailed to the property
owners within 350 feet of the property in question.
Failure of any property owner to receive the mailed
notification shall not invalidate the proceedings.
(H) The city council must take action on the
application within 60 days after receiving the
report of the design review board. If it grants
the conditional use permit, the city council may
impose conditions it considers necessary to protect
the public health, safety and welfare, and such
conditions may include a time limit for the use to
exist or operate.
(I) An amended conditional use permit application and
requests for changes in conditions shall be
administered in a manner similar to that required
for a conditional use permit.
(J) No application for a conditional use permit shall
be resubmitted for a period of twelve (12) months
from the date of said order of denial unless all
reasons for denial as outlined by the city council
have been satisfied.
(K) Conditional use permits - filing. Following
approval of the conditional use permit a certified
copy thereof including a legal description of the
property shall be filed with the county recorder
and/or registrar of title.
Subd. 6. Certificate of Occupancy. No person may change the
use of any land except for construction of essential services and
transmission lines or occupy or utilize a new structurally altered
building (except single-family detached dwellings or their
accessory buildings or private garages in any district) or change
the use of any building after the effective date of this ordinance
unless he has first obtained a certificate of occupancy.
Application for a certificate of occupancy for a new building
or for an existing building which has been so altered or the reuse
of any land may be filed with the Building Official any time after
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
ter"\
61
the application for a Building Permit. The Certificate of
Occupancy shall be issued within ten (10) days after the
construction or alteration of such building or part thereof or site
has been completed in conformity with the provisions of this
Ordinance and Building Code. Pending the issuance of said
Certificate, a temporary Certificate of Occupancy may be issued,
subject to the provisions of the building code and Zoning Ordinance
for a period not to exceed twelve (12) months during the completion
of the erection or the alteration of such a building. The
temporary Certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or of
the community relating to the use or occupancy of the premises or
any other matter, except under such restrictions and provisions as
will adequately insure the safety of the occupants. The use of any
structure for which a Building Permit is required or the use of any
land shall be considered a violation of this Ordinance unless a '
Certificate of Occupancy has been issued.
Application for a Certificate of Occupancy for a new use of
land shall be made to the building official before any such land
shall be so used. Such certificate of occupancy shall be issued
within ten (10) days after this application if the use is in
conformity with the provisions of this ordinance.
A record of all applications for and certificates of occupancy
shall be kept on file.
Subd. 7. Variances and Appeals. Variances from the literal
provisions of the ordinance may be granted in instances where their
strict enforcement would cause undo hardship because of
circumstances unique to the individual property under
consideration.
(1) Findings of Fact:
In considering all requests for variance or appeal and in
taking subsequent action, the city shall make a finding of
fact:
(A) That the property in questions cannot be put to a
reasonable use if used under conditions allowed by
the official controls.
(B) That the plight of the landowners is due to
circumstances unique to his property not created by
the land owner.
(C) That the hardship is not due to economic
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
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r� considerations alone and when a reasonable use for
the property exists under the terms of the
ordinance.
(D) That granting the variance requested will not
confer on the applicant any special privilege that
would be denied by this ordinance to other lands,
structures, or buildings in the same district.
(E) That the proposed actions will not unreasonably
diminish or impair established property values
within the neighborhood.
(F) That the proposed actions will be in keeping with
the spirit and intent of the ordinance.
(2) Procedure:
The city shall decide upon requests for variance by approving
or denying the same in part or in whole. The procedure for
granting variances is as follows:
(A) A person desiring a variance shall fill out and
submit to the city planner or his/her designee a
"Zoning Form", together with a fee as required in
Section 9 of this ordinance and all related
n material to document said hardship.
(B) The application shall be referred to the design
review board which shall submit a recommendation to
the city council.
(C) The petitioner or representative may appear before
the design review board in order to present
information or to answer questions.
(D) The city council may grant the variance if it has
been established that a hardship exists. The city
council shall, on all variance applications whether
granted or denied, record a finding of fact. Such
findings shall be recorded in writing and shall
state the city council's reasons for such action.
(E) Following approval of the variances a certified
copy thereof including a legal description of the
property shall be filed with the county recorder or
registrar of titles.
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Section 6. District Provisions.
Subdivision 1. Districts. The zoning districts are so designed
as to assist in carrying out the intents and purposes of the
comprehensive plan and to control residential densities in such a
manner as to adequately provide public services and utilities. The
zoning districts are based upon the comprehensive plan which has
the purpose of protecting the public health, safety, convenience,
and general welfare by controlling the needs for public utilities,
protecting against traffic congestion and accident hazards,
protecting the public health from adverse influences generated by
nonresidential uses, protecting against the danger of fire
conflagration, and other purposes of a similar nature.
For the purpose of the ordinance, the city of Lino Lakes is
hereby divided into the following Zoning Districts.
SYMBOL NAME
Rural
R Rural
R-X Rural Executive
Single-Family Residential
R-1 Single-Family Residential
R-1X Single-Family Executive \...�
Residential
Multiple-Family Residential
R-2 Two-Family Residential
R-3 Medium Density Residential
R-4 High Density Residential
Manufactured Housing
R-6 Manufactured Home Park
R-7 Manufactured Home Subd.
Commercial
NB Neighborhood Business
LB Limited Business
GB General Business
CB Central Business
SC Shopping Center
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Industrial
LI Light Industry
GI General Industry
Public and Semi-Public
PSP Public and Semi-Public
Overlay Districts
PDO Planned Development Overlay
SLO Shoreland Overlay
FPO Flood Plain Overlay
AZO Airport Zoning Overlay
Rural-Business Reserve
R-BR Rural-Business Reserve
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Subd. 2. "R" Rural District.
(1) Purpose. This district is designed and intended to aid �,-
in guiding development toward fulfillment of the
Comprehensive Plan and to serve the following
functions.
(A) To preserve productive land for agricultural use.
(B) To maintain "open space" within and near to urban
areas.
(C) To help guide development of urban and rural areas
along an orderly design to preserve continuity and
efficiency of service.
(D) To provide a method by which the urban farm can be
guided so as to control urban sprawl and still
conserve land in an economic status until such time
as the need is present for an amendment to the
Comprehensive Plan.
(E) To reduce the possibilities of rural-urban
conflicts in establishing types and levels of
service, methods of financing the services and
needs. To maintain an acceptable per capita cost
for such services as sanitary sewer, water, police,
fire, road maintenance, school transportation, and
others is a necessity.
(2) Lot and Yard Requirements
(A) Minimum lot size: 10 acres
(B) Minimum lot width: 330 feet
(C) Setbacks: (The greater of the following: )
(i) From streets:
(A) Residential Street: 30 feet
(B) Collector or arterial street: 40 feet
(ii) Front Yard: 30 feet
(iii)Rear Yard:
(A) Principal Bldg. : 30 feet
(B) Accessory Building: 30 feet
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(iv) Side Yard:
(A) Principal Building: 10 feet
(B) Accessory Building: 5 feet
(3) Building Requirements
(A) The minimum outside dimension, floor area for
single-family dwellings shall be as follows:
3 Bedroom Rambler 1050 square feet
2 Bedroom Rambler 1010 square feet
1 1/2 Story 980 square feet
Split Foyer/Entry 980 square feet
Split Level - 3 level minimum 980 square feet
2 Story 850 square feet
(B) All basementless dwellings in this district shall
be required to provide an additional 100 square
feet of floor area to house utilities.
(C) All dwellings shall have a double garage.
(4) Height Regulations. No building shall be erected or
structurally altered to exceed thirty (30) feet. These
regulations shall not apply to barns, silos, or other
farm buildings.
(5) Permitted Uses. In the Rural (R) District, no building
or land shall be used and no building shall be erected,
converted, or structurally altered, unless otherwise
provided herein, except for one or more of the following
uses.
(A) Single-family detached dwellings
(B) Public parks
(C) Golf courses
(D) Agriculture, gardening and sod farming
(E) Temporary stands for the sale of agricultural
products produced on the premises (see Section 4.
Subd. 7. (10)
(F) Stock raising, dairying, and stables in accordance
with City Code Section 503
(G) Commercial greenhouses and nurseries
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(H) Home occupations as provided in Section 4, Subd. 4
(I) Day care nurseries (14 or less persons)
(J) Transmission towers/radio, television and other
similar towers up to fifty-five (55) feet in height
(6) Conditional Uses. The following are conditional uses in
the "R" District.
(A) Airports, public
(B) Airports, private
(C) Cemeteries
(D) Churches
(E) Elementary schools
(F) Day Care Nurseries (15 or more persons)
(G) Wild game farms
(H) Gun clubs
(I) Dog kennels (see City Code Sections 502 and 607)
(J) Feedlots
(K) Commercial riding stables
(L) Commercial horse breeding operation
(M) Commercial boarding stables
(N) Livery stables
(0) Horse arena
(P) Public buildings
(Q) Transmission towers/radio, television and other
similar towers over fifty-five (55) feet in height
and less than two hundred (200) feet in height
(R) Earth Sheltered Homes
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Subd. 3. "R-X" Rural Executive.
(1) Purpose. This district is designed and intended to aid
in , guiding development toward fulfillment of the
comprehensive plan and to serve the following functions.
(A) To preserve productive land for agricultural use.
(B) To maintain "open space" within and near urban
areas.
(C) To help guide development of urban and rural areas
along an orderly design to preserve continuity and
efficiency of service.
(D) To provide a method by which the urban farm can be
guided so as to control urban sprawl and still
conserve land in an economic status until such time
as the need is present for an amendment to the
comprehensive plan.
(E) To reduce the possibilities of rural-urban
conflicts in establishing types and levels of
service, methods of financing the services and
needs. To maintain an acceptable per capita cost
for such services as sanitary sewer, water, police,
fire, road maintenance, school transportation, and
others is a necessity.
(F) To provide areas for high value, rural residences.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 10 acres
(B) Minimum lot width: 330 feet
(C) Setbacks: (The greater of the following) :
(i) From Streets:
(A) Residential streets: 30 feet
(B) Collector or arterial street: 40 feet
(i i) Front yard: 30 feet
(iii)Rear yard:
(A) Principal bldg. : 30 feet
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(B) Accessory bldg. : 30 feet
(iv) Side yard:
(A) Principal bldg. : 10 feet
(B) Accessory bldg. : 10 feet
(3) Building Requirements.
(A) The minimum outside dimension, floor area for
single-family dwellings shall be as follows:
Rambler 1260 square feet
1 1/2 Story 1092 square feet
Split Foyer/Entry 1248 square feet
Split Level - 3 level minimum 1248 square feet
2 Story 1040 square feet
(B) All basementless dwellings in this district shall
be required to provide an additional 100 square
feet of floor area to house utilities.
(C) All dwellings shall have an attached double garage.
(4) Height Regulations. No building shall be erected or
structurally altered to exceed thirty (30) feet. These
regulations shall not apply to barns, silos, or other
farm buildings.
(5) Permitted Uses. In the Rural Executive (R-X) District,
no building or land shall be used and no building shall
be erected, converted, or structurally altered, unless
otherwise provided herein, except for one or more of the
following uses.
(A) Single-family detached dwellings
(B) Public parks
(C) Golf courses
(D) Agriculture, gardening and sod farming
(E) Temporary stands for the sale of agricultural
products produced on the premises. (see Section 4,
Subd. 7 (10)
(F) Stock raising, dairying, and stables in accordance
with City Code Section 503.
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14-1-1 (G) Commercial green houses and nurseries.
(H) Home occupations as provided in Section 4, Subd. 4
(I) Day care nurseries (14 persons or less)
(J) Transmission towers/radio, television and other
similar towers up to fifty-five (55) feet in height
(6) Conditional Uses. The following are conditional uses in
the "R-X" District.
(A) Airports, private
(B) Cemeteries
(C) Churches
(D) Elementary schools
(E) Day care nurseries (15 persons or more)
(F) Wild game farms
(G) Gun clubs
(H) Commercial riding stables
(I) Commercial horse breeding and operation
(J) Commercial boarding stables
(K) Livery stables
(L) Horse arena
(M) Feedlots
(N) Dog kennels (see City Code Sections 502 and 607)
(0) Public buildings
(P) Transmission towers/radio, television and other
similar towers over fifty-five (55) feet in height
and less than two hundred (200) feet in height
(Q) Earth sheltered homes
(7) Accessory Buildings (See Section 4, Subd. 7, Accessory
Buildings)
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.tea ADOPTED 7/13/92
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Subd. 4. "R-1" Single-Family Residential District.
(1) Purpose. This district is intended to provide a
residential atmosphere for those persons desiring a
single-family neighborhood with a suburban density. This
district is intended for development of single-family
detached homes on lots served with public sewer and
water.
(2) Lot and Yard Requirements:
(A) Minimum lot size: 10,800 square feet
(B) Minimum lot width:
(i) New lots: 80 feet
(ii) Lots of 1.5 acres or less recorded prior to
February 22, 1988 may be resubdivided into
lots with a minimum lot width of 75 feet.
(iii)Corner lots: 105 feet
(C) Minimum lot depth: 135 feet
Double frontage lots: 145 feet
(D) Setbacks: (The greater of the following) : �,...
(i) From streets:
(A) Residential street: 30 feet
(B) Collector or arterial street: 40 feet
(i i) Front yard: 30 feet
(iii)Rear yard:
(A) Principal building: 30 feet
(B) Accessory building: 5 feet
(iv) Side yard
(A) Principal bldg. : 10 feet
(B) Accessory bldg. : 5 feet
(3) Maximum Density. The maximum number of dwelling units
allowed per buildable acre shall be: 3.2 units/buildable
acre.
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(4) Building Requirements.
(A) The minimum outside dimension, floor area for
single-family dwellings shall be as follows:
3 Bedroom Rambler 1050 square feet
2 Bedroom Rambler 1010 square feet
1 1/2 Story 980 square feet
Split Foyer/Entry 980 square feet
Split Level - 3 level minimum 980 square feet
2 Story 850 square feet
(B) All basementless dwellings in this district shall
be required to provide an additional 100 square
feet of floor area to house utilities.
(C) All dwellings shall have an attached double garage.
(5) Height Regulations. No building shall be erected or
structurally altered to exceed 30 feet.
(6) Sanitary Sewer. No subdivision shall be permitted in
this district without public sanitary sewer and water.
(7) Permitted Uses. In the "R-1" District, no building or
land shall be used and no building shall be erected,
converted or structurally altered unless otherwise
provided herein, except for one or more of the following
uses.
(A) Single-family detached dwellings
(B) Home occupations as provided in Section 4, Subd. 4
(C) Day care nurseries (14 persons or less)
(8) Conditional Uses. The following are conditional uses in
the "R-1 District.
(A) Churches
(B) Elementary schools
(C) Cemeteries
(D) Day care nurseries (15 or more persons)
(E) Public parks
�\ City of Lino Lakes Zoning Ordinance
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(F) Golf courses
(G) Earth sheltered homes
(H) Agriculture
City of Lino Lakes Zoning Ordinance
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Subd. 5. "R-1X" Sinale-Family Executive Residential District
(1) Purpose. This district is intended to provide a
residential atmosphere for those persons desiring a
single-family neighborhood with higher value homes.
Density is meant to be suburban in character. This
district is intended for development of single family
detached homes on lots served with public sewer and
water.
(2) Lot and Yard Requirements
(A) Minimum lot size: 12,825 square feet
(B) Minimum lot width: 90 feet
Corner Lot: 115 feet
(C) Minimum lot depth: 135 feet
Double frontage lots: 145 feet
(D) Setbacks: (The greater of the following)
(i) From streets:
(A) Residential street: 30 feet
r"1 (B) Collector or arterial street: 40 feet
(ii) Front yard: 30 feet
(iii)Rear yard:
(A) Principal building: 30 feet
(B) Accessory building: 5 feet
(iv) Side yard:
(A) Principal building: 10 feet
(B) Accessory building: 5 feet
(3) Maximum Density. The maximum number of dwelling units
allowed per buildable acre shall be: 3.0 units/buildable
acre.
(4) Building Requirements.
(A) The minimum outside dimension, floor area for
single-family dwellings shall be as follows:
City of Lino Lakes Zoning Ordinance
,..� ADOPTED 7/13/92
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Rambler 1260 square feet
1 1/2 Story 1092 square feet
Split Foyer/Entry 1248 square feet �..
Split Level - 3 level minimum 1248 square feet
2 Story 1040 square feet
(B) All basementless dwellings in this district shall
be required to provide an additional 100 square
feet of floor area to house utilities.
(C) All dwellings shall have an attached double garage
of a minimum 600 square feet.
(5) Height Regulations. No building shall be erected or
structurally altered to exceed 30 feet.
(6) Sanitary Sewer. No subdivision shall be permitted in
this district without public sanitary sewer and water.
(7) Permitted Uses. In the "R-1X" District, no building or
land shall be used and no building shall be erected,
converted or structurally altered unless otherwise
provided herein, except for one or more of the following
uses.
(A) Single-family detached dwellings
(B) Home occupations as provided in Section 4, Subd. 4
(C) Day care nurseries (14 persons or less)
(8) Conditional Uses. The following are conditional uses in
the 11R-1X" District.
(A) Churches
(B) Elementary schools
(C) Cemeteries
(D) Day care nurseries (15 persons or more)
(E) Public parks
(F) Golf courses
(G) Earth sheltered homes
(H) Agriculture
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
76
�-� (9) Signs. Requirements of the sign ordinance shall apply
with the additional prohibition of "fanny signs" or
"funny lawn ornaments" mounted on trees or on poles with
a height of 36 inches.
City of Lino Lakes Zoning Ordinance
.-� ADOPTED 7/13/92
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Subd. 6. "R-211 Two-Family District.
(1) Purpose. This district is intended to provide a
residential atmosphere for those persons desiring a two-
family dwelling with a more urban, but limited, density.
This district is intended for development of two-family
homes on lots served with public sewer and water.
(2) Lot and Yard Requirements:
(A) Minimum lot size (two-family) : 17,550 square feet
Minimum lot size (single-family) : 12,350 square ft.
(B) Minimum lot width (two-family) : 130 feet
Corner lot (two-family) : 155 feet
Minimum lot width (single-family) : 95 feet
Corner lot (single-family) 120 feet
(C) Minimum lot depth: 135 feet
Double frontage lots: 145 feet
(D) Setbacks: (The greater of the following)
(i) From streets:
(A) Residential street: 30 feet
(B) Collector or arterial street: 40 feet
(ii) Front yard: 30 feet
(iii)Rear yard:
(A) Principal bldg. : 30 feet
(B) Accessory bldg. : 5 feet
(iv) Side yard:
(A) Principal bldg. : 10 feet
(B) Accessory bldg. : 5 feet
(v) Zero Lot Line. When two or more adjoining
lots are used as a single building site, the
side yard requirements shall apply only to the
City of Lino Lakes Zoning Ordinance
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outside lot lines.
(vi) Churches and Schools. A church, public,
parochial, or private school, shall have a
side yard of not less than fifty (50) feet on
each side adjoining other property.
(3) Maximum Density. The maximum number of dwelling units
allowed per buildable acre shall be: 4.5 units/buildable
acre.
(4) Building Requirements:
(A) Floor Area. The minimum outside dimension, floor
area shall be as follows:
(i) Single Family Dwellings
3 Bedroom Rambler 1050 square feet
2 Bedroom Rambler 1010 square feet
1 1/2 Story 980 square feet
Split Foyer/Entry 980 square feet
Split Level - 3 level minimum 980 square feet
2 Story 850 square feet
(ii) Two Family Dwellings
(A) Each dwelling unit shall have a minimum
of 1050 square feet of floor area.
(B) Duplexes must have a minimum of 2100
square feet of floor area.
(iii) All basementless dwellings in this district
shall be required to provide an additional 100
square feet of floor space to house utilities.
(B) Each dwelling unit must have an attached double
garage.
(C) Each dwelling unit must have a private front and
rear entrance.
(5) Height Regulations. No two-family dwelling shall
hereafter be erected or structurally altered to exceed
thirty (30) feet in height measured from the front or
street side grade of the site. Other buildings under
this classification are limited to the same height of
thirty (30) feet unless variation is authorized by the
council.
City of Lino Lakes Zoning Ordinance
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(6) Sanitary Sewer. No subdivision shall be permitted in
this district without public sanitary sewer and water.
(7) Permitted Uses. In the "R-2" District, no building or
land shall be used, and no building shall be erected,
converted, or structurally altered, unless otherwise
provided herein, except for one or more of the following
uses.
(A) Single-family detached dwellings.
(B) Two-family dwellings.
(C) Home occupations as provided in Section 4, Subd. 4
(D) Day care nurseries (14 persons or less)
(8) Conditional Uses. The following are conditional uses in
the "R-2" District.
(A) Churches
(B) Elementary schools
(C) Public parks
(D) Golf courses
(E) Day care nurseries (15 persons or more)
(F) Earth sheltered homes
(G) Agriculture
(H) Clinics, nursing homes
(I) Philanthropic and charitable institutions
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Subd. 7. "R-311 Medium Density Residential District.
(1) Purpose. This district is intended to provide settings
for multiple-family structures of up to eight dwelling
units per building in areas that have good thoroughfare
access, have proper relationship to other uses, and are
accessible to major activity centers, recreation areas
and shopping areas.
(2) Lot and Yard Requirements.
(A) Minimum district size: one(1) acre
(B) Minimum lot size: 10,000 square feet
(C) Minimum lot width: 125 feet
(D) Setbacks: (The greater of the following) :
(i) From streets:
(A) Residential streets: 30 feet
(B) Collector or arterial streets: 40 feet
(ii) Front yard: 30 feet
r-� (iii)Rear yard:
(A) Principal bldg. : 30 feet
(B) Accessory bldg. : 5 feet
(C) Parking lot: 5 feet
(iv) Side yard:
(A) Principal bldg. : 30 feet
(B) Accessory bldg. : 5 feet
(C) Parking lot: 5 feet
(v) Two or More Multiple-Family Dwelling
Structures on One Site. Where two or more
multiple-family dwelling structures are to be
erected on a single site, the following
requirements shall apply. No building shall
be closer than twenty (20) feet to the other
building.
(3) Maximum Density.
(A) The maximum number of dwelling units allowed per
acre of buildable land shall be: 8 units
City of Lino Lakes Zoning Ordinance
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(B) The area covered by any structures shall not exceed
35 percent of the total land area.
(C) At least 35 percent of the site shall be retained
for and devoted to green grass, open space or
landscaped area.
(4) Building Requirements.
(A) The minimum livable floor area for each multiple
family dwelling shall have at least:
Efficiency Unit 690 square feet
One-Bedroom Unit 800 square feet
Two-Bedroom Unit 920 square feet
Three-Bedroom Unit 1040 square feet
Four-Bedroom Unit 1160 square feet
For each additional bedroom, the floor space shall
be increased by 150 square feet per unit.
(B) Exterior Wall Construction. All multiple-family
units shall be designed and constructed to have the
equivalent of a front on each exterior surface.
(C) Indoor Storage Space. A minimum of one hundred
twenty (120) cubic feet of miscellaneous storage
space shall be made available for each dwelling
unit within the same building as such dwelling unit
is located. Such storage shall be in addition to
the normal closet space that is in the dwelling
unit; however, it may be in the dwelling unit
itself and so identified.
(D) Disposal of Refuse and Garbage. All refuse,
rubbish and garbage containers shall be placed at
the rear of the premises. In no event shall such
containers be placed next to the street or curb,
nor shall they be placed so as to interfere with
use of adjoining property or cause a nuisance or
annoyance to adjoining property occupants. Such
containers shall be covered and contained so as to
, be inaccessible to insects, vermin or animals, and
shall be screened so as not to be visible from eye-
level height.
(E) Buffer. Where a side or rear lot line in an R-3
District abuts an R, R-X, R-1, R-IX or R-2
Residential District, or public road right-of-way,
a landscape buffer area not less than 20 feet in
City of Lino Lakes Zoning Ordinance
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depth shall be provided along such side or rear lot
line and shall contain landscaping, planting,
berming or other screening suitable to provide an
effective visual screen.
(5) Credits and Exceptions. The minimum lot size standards
established herein may be reduced where a development
offers some extraordinary site or design improvements.
The following summarizes credits to density and lot size
requirements which will be allowed.
(A) Underground Parking. The total required minimum
land area for any specific type or size of multiple
dwelling may be decreased by three hundred (300)
square feet per dwelling unit for each parking
space that is provided under the principal use
structure, or in some other manner underground,
which will thereby permit use of the grade level
outside the building, or above such underground
space, for other building, parking, open yard or
recreation space.
(B) Open Space. The total minimum land area for any
specific size or type of multiple dwelling may be
decreased by one hundred (100) square feet where
thirty-five percent (35%) of the entire site area
r� is reserved in one area for recreation space
including swimming pool, tennis court, hard surface
or other play area, or for open land, usable for
active recreation.
(C) Landscaping. The total minimum land area
requirement for any specific size or type of
multiple dwelling structure may be decreased by one
hundred (100) square feet per dwelling where one
(1) percent of the dwelling unit construction cost
(not including land cost) is allocated to the
planting of trees. This does not apply to sodding
or seeding of green areas.
(6) Height Regulations. No multiple-family dwelling in the
R-3 district shall exceed the height of thirty-six (36)
feet from grade level measured from front or side of such
building.
(7) Sanitary Sewer. No multiple dwelling shall be built
unless served by sanitary sewer.
(8) Permitted Uses. In all "R-3" districts unless otherwise
provided in this code, no building or land shall
City of Lino Lakes Zming Ordinance
ADOPTED 7/13/92
83
hereafter be erected, or structurally altered except for
one or more of the following uses.
(A) Two-family dwellings
(B) Multiple dwellings containing eight units or less
(C) Clubs, lodges, fraternity and sorority houses which
do not offer public accommodations
(D) Public parks, playground
(E) Golf courses
(F) Churches
(G) Schools, public and parochial
(H) Day care nurseries (14 persons or less)
(9) Conditional Uses. The following are conditional uses in
the R-3 District:
(A) All conditional uses listed in the R-1 District
(B) Philanthropic and charitable institutions
(C) Nursing homes
(D) Hospitals
(E) Nursery schools
(F) Funeral homes
(G) Business in multiple dwelling structures shall be
limited to such business use as the Council may
authorize at the time of approval of construction
plans and specifications.
(H) Agricultural use
City of Liao Lakes Zoning Ordinance
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L1
Subd. 8 "R-4" High Density Residential District.
(1) Purpose. This district is intended to provide settings
for multiple-family housing in areas that have good
thoroughfare access, have proper relationship to other
uses and are accessible to major activity centers,
recreation areas and shopping areas.
(2) Lot and Yard Requirements.
(A) Minimum district size: two (2) acres
(B) Minimum lot size: 25,000 square feet.
(C) Minimum lot width: 150 feet.
(D) Setbacks: (The greater of the following: )
(i) From streets:
(A) Residential street: 30 feet
(B) Collector or arterial street: 40 feet
(i i) Front Yard: 30 feet
(iii)Rear yard:
(A) Principal bldg. : 30 feet
(B) Accessory bldg. : 5 feet
(C) Parking lot: 5 feet
(iv) Side yard:
(A) Principal bldg. : 20 feet
(B) Accessory building: 5 feet
(C) Parking lot: 5 feet
(E) Two or More Multiple Dwelling Structures on One
Site. Where two or more multiple dwelling
structures are to be erected on a single site, the
following special requirements shall apply.
(i) No building shall be closer to another
building than thirty-six (36) feet
(ii) No building over thirty-six (36) feet in
height shall be closer to another building
than twice the height of the tallest building.
(iii)The distance between buildings shall not be
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required to exceed one hundred (100) feet
measured at ground level.
(iv) Maximum Density.
(A) Maximum number of dwelling units allowed
per acre of buildable land shall be 15.
(B) Structure Land Coverage. The area
covered by any structures shall not
exceed 35 percent of the total land area.
(C) Green Area. At least 35 percent of the
site shall be retained for and devoted to
green grass, open space or landscaped
area.
(3) Height Regulation. No R-4 multiple-family dwelling
building shall exceed a height of four (4) stories or
forty-five (45) feet, whichever is greater, measured from
the street side of such building.
(4) Building Requirements:
(A) The minimum livable floor area for each multiple-
family dwelling shall have at least:
Efficiency Unit 680 square feet
One-Bedroom Unit 800 square feet
Two-Bedroom Unit 920 square feet
Three-Bedroom Unit 1040 square feet
Four-Bedroom Unit 1160 square feet
For each additional bedroom, the floor space shall
be increased by 150 square feet per unit.
(B) Exterior Wall Construction. All multiple-family
units shall be designed and constructed to have the
equivalent of a front on each exterior surface.
(C) Indoor Storage Space. A minimum of one hundred
twenty (120) cubic feet of miscellaneous storage
space shall be made available for each dwelling
unit within the same building as such dwelling unit
is located. Such storage shall be in addition to
the normal closet space that is in the dwelling
unit: however, it may be in the dwelling unit
itself and so identified.
(D) Disposal of Refuse and Garbage: All refuse,
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rubbish and garbage containers shall be placed at
the rear of the premises. In no event shall such
containers be placed next to the street or curb,
nor shall they be placed so as to interfere with
use of adjoining property or cause a nuisance or
annoyance to adjoining property occupants. Such
containers shall be covered and contained so as to
be inaccessible to insects, vermin or animals, and
shall be screened so as not to be visible from eye-
level height.
(E) Buffer. Where a side or rear lot line in an R-4
District abuts an R-X, R-1, or R-1X, or R-2
Residential District, or public road right-of-way,
a landscape buffer area not less than 20 feet in
depth shall be provided along such side or rear lot
line and shall contain landscaping, planting,
berming or other screening suitable to provide an
effective visual screen.
(5) Credits and Exceptions. The density and minimum lot size
standards established above may be reduced where a
development offers some extraordinary site or design
improvements. The following summarizes credits to
density and lot size requirements which will be allowed.
A Underground Parkin The total( ) g g. required minimum
land area for any specific type of size or multiple
dwelling may be decreased by three hundred (300)
square feet per dwelling unit for each parking
space that is provided under the principal use
structure, or in some other manner underground,
which will thereby permit use of the grade level
outside the building, or above such underground
space, for other building, parking, open yard or
recreation space.
(B) Open Space. The total minimum land area for any
specific size or type of multiple dwelling may be
decreased by one hundred (100) square feet where
thirty-five percent (35%) of the entire site area
is reserved in one area for recreation space
including swimming pool, tennis court, hard surface
or other play area, or for open land, usable for
active recreation.
(C) Landscaping. The total minimum land area
requirement for any specific size or type of
multiple dwelling structure may be decreased by one
hundred (100) square feet per dwelling where one
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(1) percent of the dwelling unit construction cost
(not including land cost) is allocated to the
planting of trees. This does not apply to sodding
or seeding of green areas.
(6) Sanitary Sewer. No multiple dwelling shall be built
unless served by sanitary sewer.
(7) Permitted Uses. In the R-4 District unless otherwise
provided in this code, no building or land shall
hereafter be erected, or structurally altered except
for:
(A) Two-family dwellings
(B) Multiple-family dwellings
(C) Public parks, playground
(D) Golf courses
(E) Churches
(F) Day care nurseries (14 persons or less)
(8) Conditional Uses. The following are conditional uses in
the R-4 District.
(A) All conditional uses listed in the R-1 District
(B) Philanthropic and charitable institutions
(C) Nursing homes
(D) Hospitals
(E) Nursery schools
(F) Funeral homes
(G) Business in multiple dwelling structures shall be
limited to such business use as the council may
authorize at the time of approval of construction
plans and specifications.
(H) Multiple-family dwellings greater than four (4)
stories or forty-five (45) feet in height.
(I) Agricultural use
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(J) Clubs, lodges, fraternity and sorority houses which
do not offer public accommodations.
(K) Elementary schools, public and parochial
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Subd. 10. "R-611 Manufactured Home Park District.
(1) Purpose. This district is intended to provide
opportunities whereby manufactured housing may be located
on a leased or rented site in a planned community. This
district is intended to provide opportunities for almost
all types of manufactured homes including those which may
not be able to meet the design standards established in
other residential districts. All manufactured home parks
are required to conform to the provisions of this section
and other appropriate sections of this code.
(2) Lots and Yard Requirements:
(A) Minimum Park Size: Five (5) acres
(B) Minimum Lot or Site Size: 6,000 square feet
exclusive of roadways, walkways or other property
used for park purposes.
(C) Minimum Lot Width: Sixty (60) feet measured at
right angles to its side lines.
(D) Setbacks: (The greater of the following) :
(i) From Public Streets:
(A) Residential Streets: 30 feet
(B) Collector Streets: 40 feet
(ii) Front Yard:
(A) Private Park Street: 15 feet
(B) Common Park Walk: 10 feet
(iii) Rear Yard: 5 feet
(iv) Side Yard: 5 feet
Side yard setback for interior lot lines may
be reduced to zero, if it is part of an
overall park plan to maximize private yard
space for each unit. This zero side yard
setback allowance will only be permitted if
the distance to the manufactured home that
shares that side lot line is at least thirty
(30) feet in distance.
(v) There shall not be less than twenty (20) feet
of space between manufactured homes in all
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directions.
(vi) Residential Area: 20 feet
(3) Park Requirements:
(A) Skirt. All manufactured homes shall have skirts
around the entire unit made of metal, plastic,
fiberglass or comparable, non-combustible material
approved by the building official and shall be
finished to be harmonious with the manufactured
home so that it will enhance the general appearance
thereof.
(B) The parking of more than one (1) manufactured home
on any single lot shall not be permitted.
(C) Fire Extinguisher. Each occupied manufactured home
shall be equipped with a fire-marshall-approved
type extinguisher in usable condition. The
occupant of a manufactured home shall be
responsible for providing such extinguisher.
(D) Fire protection shall be in accordance with
Minnesota Health Department Rule 187 Fire
Protection Regulations.
(E) Support and Tie-Down Systems. The Minnesota
Department of Administration Building Code Division
Rules for Manufactured Home Support and Tie-Down
Systems, authorized by Minnesota Statutes Section
327.31 to 327.34, are hereby adopted by reference
and made a part of this Ordinance as if fully set
forth herein. All new and relocated manufactured
homes shall be equipped with an anchoring and
support system as defined and approved by state
rules.
(F) All construction materials not currently in use for
construction shall be stored indoors, or totally
screened from the eye-level view from public
streets and adjacent properties.
(G) Refuse Handling. The storage, collection and
disposal of refuse in the manufactured home park
shall be so conducted as to create no health
hazards, rodent harborage, insect breeding,
accident or fire hazards or air pollution.
Manufactured home parks shall be kept free of
litter, rubbish and other flammable material.
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(H) Every manufactured home park shall be located on a
well drained area and the premises shall be
properly graded so as to prevent the accumulation
of storm or other waters.
(I) Common Walks. Where deemed necessary, common walks
shall be provided. Such walks shall be a minimum
width of three (3) feet.
(J) Individual Walks. All manufactured homes shall be
connected to common walks, to paved streets, or to
paved driveways or parking spaces connecting to a
paved street. Such individual walks shall have a
minimum width of two (2) feet.
(K) Patio. A patio may be constructed on the ground
beside each manufactured home parking space; this
patio shall be not less than 150 square feet in
area and constructed of concrete with a minimum
thickness of four (4) inches or approved equal.
(L) Shade Tree. At least one (1) shade tree (minimum
diameter two (2) inches at time of planting) shall
be placed and maintained on each site or lot.
(M) Landscaping. Except for the areas used for the
manufactured home, patio, walkways and off-street
parking space, the entire site or lot shall be
sodded, seeded or adequately landscaped.
(N) Where a manufactured home park site abuts upon
residential area, the setback area shall be
landscaped and screened with trees and bushes.
Screening shall meet the requirements established
in Section 4, Subd. 26, Screening.
(0) Each unit shall abut on and have access to a
street. This street shall be constructed according
to standards approved by the city.
(P) A concrete curb and gutter. shall be constructed on
each side of the street and the face of its curb
shall be at least fifteen (15) feet from the
centerline of said street; the design shall be of a
type approved by the city.
(Q) Speed Limit. Speed limit signs shall be clearly
posted throughout the manufactured home park. Ten
(10) miles per hour shall be the maximum speed
posted.
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(R) Parking.
(i) Each manufactured home site shall have off-
street parking space paved with concrete
and/or bituminous for two (2) automobiles.
(ii) Each manufactured home park shall maintain a
hard surfaced off-street parking lot for
guests of occupants of at least one (1) space
for each five (5) manufactured home lots. .
(iii)Access drives off roads to all parking spaces
and manufactured home lots shall be surfaced
with concrete or bituminous according to
specifications established by the city.
(iv) There shall be a separate area of storage
provided for boats, boat trailers, travel
trailers, etc. The area shall be located away
from any public road and shall be screened
from view of public road and adjacent
properties.
(S) Utilities.
(i) All manufactured homes shall be served by a
central water and sanitary sewer system.
(ii) All utilities shall be underground. There
shall be no overhead wires or supporting poles
except those essential for street or other
lighting purposes.
(iii)Access in the skirting shall be provided to
allow the inspection of plumbing, electrical
facilities and related manufactured home
equipment.
(T) The park shall have a street lighting plan approved
by the city.
(U) Water facilities, sewage disposal and street
lighting shall be installed and maintained by the
owner of the manufactured home park and shall meet
all appropriate standards established by the city.
(V) Accessory Buildings. One accessory building for
outside storage of equipment and refuse is required
for each lot and may be provided by either the
owner of the manufactured home park or the owner of
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the manufactured home. The accessory building
shall be a minimum size of six (6) feet by eight
(8) feet by six (6) feet high with a maximum size
of 120 square feet. They shall be constructed of
weather resistant material and be finished in a
manner conforming with the appearance of the
principal dwelling and shall be consistent in
appearance with the other accessory buildings in
the manufactured home park.
(W) All manufactured home parks may have a central
community building with laundry drying areas and
washing machines.
(X) All manufactured home parks shall have at least ten
percent (10%) of the land area developed for
recreational use (tennis courts, children's play
equipment, swimming pool, golf green, etc. )
developed and maintained at the owner's expense.
(4) Permitted Uses. In the R-6 district, unless otherwise
provided in this code, no building or land shall
hereafter be erected, or structurally altered except for
one or more of the following uses.
(A) Manufactured homes
(B) Community/recreation building
(C) Buildings or structures intended for use as a part
and which are subordinate to the function of the
manufactured home park
(5) Conditional Uses. The following are conditional uses in
the R-6 district.
Manufactured home sales for only those units which would
be installed on the park. Manufactured home sales shall
be terminated when the manufactured home park is
completely developed.
(6) Review and Approval Procedures. No person shall
establish, develop, extend or enlarge a manufactured home
park within the City of Lino Lakes without first
obtaining site plan approval from the city council with
review by the design review board. Approval shall be
granted only upon compliance with all of the following:
(A) Design Review Board Review. The design review
board shall review all applications for
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�a manufactured home parks and may hold hearings as
deemed necessary or proper. The findings and
recommendations of the design review board shall be
forwarded to the city council for action.
(B) Approval or Denial. The city council shall
consider and act on the application for site plan
approval. Approval shall be granted only upon
compliance with all of the procedures and
requirements established in this section.
(C) Submission Requirements. Submission for
manufactured home approval shall include the
following:
(i) Twenty (20) copies of the Manufactured Home
Park Plan showing the following:
(a) The extent and area proposed for
manufactured home park purposes
(b) Locations for roads and driveways
(c) Location of sites or lots for
manufactured homes
(d) Proposed disposition of surface
drainage
(e) Proposed street surfacing and
lighting
(f) Off-street parking
(g) Patios
(h) Location of community building
(i) Location of recreation facilities
(j) Location of sidewalks
(k) Location of setback lines
(1) Location of screening, planting,
green areas, etc.
(m) Any other information requested by
the City Council
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Twenty (20) copies of detailed plans for
construction and site improvements in
detail adequate to assure proper review
of all site requirements established in
this ordinance.
(iii)Proof of Agency Review. The applicant
shall provide proof that the plans
submitted have been approved by the State
of Minnesota Department of Health, and
have satisfied all other federal, state,
county, city and watershed district laws
and regulations.
(D) Compliance with Ordinance. The building official
is hereby authorized and directed to make such
inspections as are necessary to determine
satisfactory compliance with this ordinance,
including the power to enter at reasonable times
upon any private or public property for said
purposes.
(D) Access. It shall be the duty of the park owner to
give the building inspector free access to all lots
at reasonable times for the purpose of inspection.
(7) Manufactured Home Inspection - Permits. No manufactured
home shall be occupied as a dwelling unless a certificate
of occupancy has been issued by the building official.
(A) Installation Permit. No manufactured home shall be
installed without having first applied for,
acquired and received an installation permit from
the building official.
(B) Certificate of Occupancy. Upon receipt of an
application for occupancy, the building official
will promptly inspect the installation to assure
conformance with all requirements of the Minnesota
State Uniform Building Code and all other
appropriate requirements.
(C) Permit Issuance. Upon approval, the building
official shall issue a certificate of occupancy to
the installer. Permit shall state the date of
issuance and shall precisely describe the location
of the manufactured home.
(D) Fees. Fees for inspection shall be set by the City
Council.
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Subd. 11. "R-7" Manufactured Home Subdivision District.
(1) Purpose. The purpose of this district is to provide
opportunities whereby manufactured housing may be located
on an individually owned lot of a subdivision in safe,
attractive residential neighborhoods with all urban
services and desired amenities.
(2) Minimum Land Area. The minimum land area for any R-7
Manufactured Housing Subdivisions shall be five (5) acres
of land, and the minimum width of a manufactured home
subdivision shall be at least three hundred (300) feet.
(3) Lot, Structure, and Yard Requirements. In the case of a
development in which a parcel is to be divided into
individual platted lots to be sold individually, the
following minimum requirements shall be observed.
(A) Minimum lot area: 9000 square feet
(B) Minimum lot depth: 110 feet
Double frontage lots: 120 feet
(C) Minimum lot width: 70 feet
Corner Lot: 85 feet
(D) Setbacks: (The greater of the following) :
(i) From streets:
A. Residential Street: 25 feet
B. Collector or arterial street: 40 feet
(ii) Front yard: 25 feet
(iii) Rear Yard:
A. Principal bldg: 20 feet
B. Accessory bldg: 5 feet
(iv) Side yard:
(A) Principal bldg: 10 feet
(B) Accessory bldg: 5 feet
(C) Parking lot: 5 feet
(E) Maximum structure height: 30 feet
(F) Buffer/screen boundary between manufactured home
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subdivision and collector and arterial roadways:
20 feet
(4) Permitted Uses. No structures or land shall be used
except for one of the following uses. Also, all
appropriate regulations and standards in Section 5, Subd.
4 (site and building plan review) and Subd. 6
(certificate of occupancy) must be satisfied.
(A) Single-family detached manufactured home.
(B) Public parks and playgrounds.
(C) Public utilities.
(D) Municipal buildings and structures.
(5) Conditional Uses. There are no uses permitted by
conditional use permit, except:
(A) Manufactured prefabricated single-family homes or
prefabricated structural sandwich panel homes
meeting State Building Code requirements.
(6) Permitted Accessory Buildings. No accessory building
shall be permitted except for the following (also see
Section 4, Subd. 7, Accessory Building Structures) :
(A) Private garage.
(B) Storage or tool shed.
(C) Tool shed and/or garages shall be constructed and
finished in a manner which is consistent with the
principal structure.
(7) Permit Procedures. No person shall erect, establish,
extend or enlarge a manufactured housing development
within the limits of the City of Lino Lakes without first
obtaining site plan approval from the City Council after
review and recommendation by the Design Review Board.
Approval shall be granted only upon compliance with all
of the following:
(A) The application and review process for a
manufactured housing development, and all site
improvements, shall conform to all of the
requirements of the city's subdivision regulations
as set forth in the city code, except as herein
modified. This shall include the requirement that
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the developer enter into a contract with the
community, requiring the developer to furnish and
construct such improvements as detailed in the
subdivision regulations. A detailed landscape plan
shall also be submitted and approved.
(B) The site plan and landscape plan shall meet all
development standards and lot requirements of this
zoning ordinance.
(C) The proposed development must be located within the
city's urban service area as shown in the
comprehensive plan, and must be served by all
public utilities.
(C) The proposed site plan must meet all applicable
requirements of Minnesota Statutes regarding
manufactured homes, and any applicable rules and
regulations of the Minnesota Department of Health.
(8) Building Standards. All permitted residential structures
in the R-7 district shall meet the following design
criteria:
(A) All residential structures shall have permanent
concrete or treated wood foundations which will
anchor the structure, which comply with the Uniform
Building Code as adopted in the State of Minnesota
and which are solid for the complete circumference
of the house.
(B) Sixty (60) percent of each residential structure
shall have a width of not less than 20 feet. Width
measurement shall not take into account overhangs.
(C) Single-family manufactured dwellings shall have at
least a 3/12 roof pitch and shall be covered with
shingles or tiles.
(D) The minimum size or floor area for manufactured
dwellings in the R-7 district shall be 900 square
feet.
(E) Any metal siding upon single-family residence
structures shall have horizontal edges and
overlapping sections no wider than 12 inches. Sheet
metal siding shall not be permitted in such
districts.
(9) Landscaping.
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(A) Except for the areas used for dwellings, sidewalks,
parking or accessory structures, the entire area of
each homesite shall be sodded or seeded with grass
or other suitable ground cover.
(B) At least one shade tree shall be planted at each
homesite. Such tree shall be a minimum of 2"
caliper size.
(C) Every manufactured housing subdivision shall
provide for a buffer to adjacent residential
districts, consisting of a vacant strip of land 20
feet in width along all boundaries of the site.
Such buffer will be landscaped with a screen of
deciduous and/or evergreen trees, shrubs and bushed
and berms so as to form a screen to adjoining
properties and streets. Plans for plantings shall
be approved by the Council and included in any bond
required as a part of the development process. The
buffer area may be placed under the control of a
homeowners' association, or be included in
individual platted lots. Deed restrictions
requiring the permanent reservation of these trees
as open space and the maintenance of plant
materials and berms shall be recorded prior to the
issuance of any building permits.
(10) Exterior Storage. If a separate area for exterior
storage of boats, travel trailers or any other items is
to be provided, such area shall be located away from any
public street and shall be densely screened and fenced in
an approved manner.
(11) Parking and Street Standards.
(A) Each dwelling unit shall have a concrete or asphalt
paved off-street parking area for a minimum of two
(2) vehicles. Such parking area shall not be less
than ten (10) feet from any street right-of-way.
(B) Streets in this district shall have a right-of-way
width of not less than fifty (50) feet, and a
roadway width not less than thirty-two (32) feet.
(12) Parkland Dedication. Each manufactured housing
development in the city shall hereafter dedicate to the
city for park and recreation purposes an area equal to 10
percent of the total proposed area to be subdivided.
Such area shall consist of developable and usable land.
As an alternative, the city may require the development
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.--� to contribute an amount in cash equivalent to the market
value of the land required to be dedicated by the
subdivision.
(13) Manufactured Home Inspection - Permits. No manufactured
home shall be occupied as a dwelling unless a certificate
of occupancy has been issued by the zoning official.
(A) Installation Permit. No manufactured home shall be
installed without having first applied for,
acquired and received an installation permit from
the zoning official.
(B) Certificate of occupancy. Upon receipt of an
application for occupancy, the zoning official will
promptly inspect the installation to assure
conformance with all requirements of the Minnesota
State Uniform Building Code and all other
appropriate requirements.
(C) Permit Issuance. Upon approval, the zoning
official shall issue a certificate of occupancy to
the installer. Permit shall state the date of
issuance and shall precisely describe the location
of the manufactured home.
(D) Fees. Fees for inspection shall be set by the city
council.
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Subd. 12. "NB" Neighborhood Business District.
(1) Purpose. The purpose of the NB Neighborhood Business
District is to provide for the establishment of local
businesses for convenience, limited office, retail or
service outlets which deal directly with the daily
requirements of the immediate neighborhood and which are
located along a collector or arterial roadway. These
businesses are not intended to draw customers from the
entire community.
(2) Lot and Yard Requirements.
(A) Minimum lot size:
(i) In sewered area: 11,250 square feet
(ii) In unsewered area: 1 acre
(B) Minimum lot width in sewered area: 75 feet
Corner lot in sewered areas: 100 feet
Minimum lot width in unsewered area: 150 feet
(C) Setbacks: (The greater of the following: )
(i) From streets:
A. Residential street: 30 feet `...
B. Collector or arterial streets: 40 feet
(i i) Front yard: 30 feet
(iii) Rear Yard:
A. Principal bldg. : 30 feet
B. Accessory bldg. : 10 feet
(iv) Side yard:
A. Principal bldg. : 30 feet
B. Accessory bldg. : 10 feet
(v) From residential dist. : 35 feet
(3) Height Regulations. No building in the NB District shall
be erected or structurally altered to exceed thirty (30)
feet.
(4) Building Coverage. The maximum amount of a site which
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may be covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open
space, yard, and/or landscaped area: 35 percent.
(6) Permitted Uses. In the NB District, unless otherwise
provided in this code, no building or land shall
hereafter be erected, or structurally altered except for
one or more of the following uses. Also, all appropriate
regulations and standards in Section 5, Subd. 4 (site and
building plan review) and Subd. 6 (certificate of
occupancy) must be satisfied.
(A) Convenience grocery store (not supermarket)
(B) Barber shop
(C) Beauty parlor
(D) Bakery
(E) Laundromat (self-service)
(F) Specialty and consignment shops
(7) Conditional Uses. The following uses pursuant to
conditional use permit granted by the city council on
application and hearings as provided in this code, and
certificate of occupancy as provided by Section 5, Subd.
6.
(A) Professional office
(B) Motor fuel station
(C) Public utility building
(D) Small engine repair (i.e. lawn mowers, snowblowers
and other small engines)
(E) Nursery Schools
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Subd. 13. "LB" Limited Business District.
(1) Purpose. There may be some areas which are suitable only
for commercial uses of a limited (less intense) nature.
This may be due to the close proximity of residential
uses. This may include high quality commercial areas
such as an "office park" development. Also, the "LB"
District can be used as a transitional district or buffer
between noncompatible uses such as intense commercial
("GB") and residential uses.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 15,000 square feet (sewered area)
(B) Minimum lot width: 100 feet
(C) Setbacks: (The greater of the following: )
(i) From Streets:
A. Residential street: 30 feet
B. Collector or arterial streets: 40 feet
(ii) Front yard: 30 feet
(iii) Rear yard:
A. Principal bldg. : 30 feet
B. Accessory bldg. : 10 feet
C. Parking Lot/Driveway: 10 feet
(iv) Side Yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking Lot/Driveway: 10 feet
(v) From residential district: 35 feet
(3) Height Regulations. No building in the LB District
shall exceed a height of three stories or 36 feet,
whichever is higher.
(4) Building Coverage. The maximum amount of a site
which may be covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to
open space, yard, and/or landscaped area: 35%
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-� (6) Permitted Uses. In the Limited Business (LB)
District, no building or land shall be used, and no
building shall be erected, converted or
structurally altered unless otherwise provided
herein, except for one or more of the following
uses. Also, all appropriate regulations and
standards in Section 5, Subd. 4 (site and building
plan review) and Subd. 6 (certificate of occupancy)
must be satisfied.
(A) Professional and personal business office
(B) Financial institution
(C) Funeral chapel or mortuary
(D) Churches
(E) Veterinary clinic or offices (not kennels)
(Out patient only no animals kept overnight)
(F) Medical and dental clinic
(G) Rest home, nursing home
(H) Photo and art studio
(7) Conditional Uses: The following use pursuant to
conditional use permit granted by the city council
on application and hearings as provided in Section
5, Subd. 5, and all appropriate regulations and
standards in Section 5, Subd. 4 (site and building
plan review) and Subd. 6 (certificate of occupancy)
must be satisfied.
(A) Private lodges and clubs
(B) Motor fuel station
(C) Multiple-family dwelling
(D) Public utility building
(E) Carry out and/or delivery restaurant
(F) Apartment for business owner
(G) Restaurants
(H) Apartment for one family in combination with
City of Lino Lakes Zoning Ordinance
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business use
(I) Tourist, rooming or boarding house
(J) Music, dance or business school
(K) Nursery schools
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Subd. 14 . "GB" General Business District.
(1) Purpose. There are areas containing a wide variety of
business uses including retail, service, and semi-
industrial uses. As such, they may contain businesses
which tend to serve other business and industry as well
as those catering to shoppers' needs.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 20,000 square feet (in a sewered
area) , 1 acre (unsewered area) .
(B) Minimum lot width: 100 feet
(C) Setbacks: (The greater of the following: )
(i) From streets:
A. Residential Street: 30 feet
B. Collector or arterial street: 40 feet
(ii) Front yard: 30 feet
(iii)Rear yard:
r'\ A. Principal bldg. : 30 feet
B. Accessory bldg. : 5 feet
C. Parking lot/driveway: 10 feet
(iv) Side yard:
A. Principal bldg. 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 10 feet
(v) From residential district: 35 feet
(3) Height Regulations. No building in the GB District shall
be erected or structurally altered to exceed forty-five
(45) feet.
(4) Building Coverage. The maximum amount of a site which
may be covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open
space, yard, and/or landscaped area: 25 percent.
(6) Permitted Uses. Permitted uses in the GB District, no
building or land shall be used, and no building shall be
City of Lino Lakes Zoning Ordinance
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erected, converted or structurally altered unless
otherwise provided herein, except for one or more of the
following uses. Also, all appropriate regulations and
standards in Section 5, Subd. 4 (site and building plan
review) and Subd. 6 (certificate of occupancy) must be
satisfied.
(A) Equipment rental and repair (home, garden, and
other small uses)
(B) Auto sales and used car lot
(C) Restaurants
(D) Carry-out and or delivery restaurants but not
drive-ins
(E) Wholesale distributors and warehousing related to
it
(F) Bakery or confectionery shop for the production of
articles to be sold at retail on the premises
(G) Farm, boat, airplane, auto equipment sales
(H) Open sales lot and seasonal business
(I) Newspaper publishing and job printing
establishments
(J) Bowling alleys and recreational entertainment
(K) Electrical, radio and television repair
(L) Carpeting or woodworking shops
(M) Greenhouses
(N) Hotel and motel
(0) Financial institutions
(P) Funeral chapel or mortuary with caretaker apartment
(Q) Church
(R) Music, dance or business/trade school
(S) Personal and professional offices
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(T) Tile, carpentry, and woodworking shops and
showrooms
(U) Retail sales of: sporting equipment including
boats and snowmobiles (inside storage only)
(V) Plumbing, office, shop and retail sales
(W) Liquor, off-sale bottle shop
(7) Conditional Uses. The following uses pursuant to
conditional use permit granted by the city council on
application and hearing as provided in Section 5, Subd.
5, and all appropriate regulations and standards in
Section 5, Subd. 4 (site and building plan review) and
Subd. 6 (certificate of occupancy) must be satisfied
(A) Hospitals and clinics
(B) Automobile service station
(C) Motor fuel station
(D) Bus and transit service
(E) Public utility buildings
(F) Theaters and drive-in theaters
(G) Apartment for business owner
(H) Veterinary clinic or office (with kennels)
(I) Private clubs and lodges
(J) Drive-in restaurants
(K) Automobile and truck repair
(L) Offices and shops for small contractors (no
exterior storage)
(M) Sporting equipment - exterior storage
(N) Small engine and boat repair
(0) Open seasonal storage for permitted GB uses
(P) Zero lot line developments (see Section 4, Subd.
11)
City of Lino Lakes Zoning Ordm mce
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(Q) Liquor, on-sale
(R) Nursery Schools
(S) Car Wash Facility (automated self service or full
service) permitted only in municipal sewered areas
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Subd. 15. "CB" Central Business District.
(1) Purpose. This zoning classification is reserved to
promote expansion and redevelopment projects for modern
retail shopping facilities of integrated design in
central business locations. This will allow potential
developers greater freedom in site selection and
flexibility in designs for commercial development.
(2) District Lot and Yard Requirements.
(A) Minimum district size: none
(B) Minimum lot size: none
(C) Minimum lot width: none
(D) Setbacks:
(i) From street:
A. Residential street: 30 feet
B. Collector or arterial street: 40 feet
(i i) Front yard: 30 feet
(iii)Rear yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 10 feet
(iv) Side yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 10 feet
(3) Height Regulations: No building in the CB District shall
exceed a height of 45 feet.
(4) Building Coverage: The area covered by any structure or
structures shall not exceed forty percent (40%) of the
total land area.
(5) Green Area. The minimum site area to be left to open
space, yard, and/or landscaped area: 15 percent (15%) .
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(6) Considerations for Rezoning. Any new structures in a
Central Business District must be shown to fit into an
overall plan for the area and have an approved site plan.
Before any new area is zoned into Central Business
Districts, the following conditions must be met:
(A) Comprehensive Plan. The redevelopment must be
consistent with the comprehensive land use plan.
(B) Thoroughfare Access. The redevelopment will be
located adjacent to a thoroughfare or collector
street as shown on the Comprehensive Plan.
(C) Site and Building Plan. Submission of a site plan
showing structures, parking, driveways,
landscaping, and screening in accordance with
Section 5, Subd. 4.
(7) Permitted Uses. In the CB 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. Also, all appropriate regulations and standards in
Section 5, Subd. 4 (site and building plan review) and
Subd. 6 (certificate of occupancy) must be satisfied.
(A) Retail shops and stores
(B) Business and professional offices
(C) Retail sales and services to include grocery,
drugs, hardware, appliances, furniture, office
supplies
(D) Restaurants, cafes
(E) Personal services, beauty and barber shop, clothes
cleaning, dress maker, etc.
(F) Small appliance repair
(G) Liquor, off-sale and on-sale
(H) Financial institutions
(I) Indoor amusement and recreation centers
(8) Conditional Uses. The uses pursuant to conditional use
permit granted by the city council on application and
hearings as provided in Section 5, Subd. 5 and all
City of Lino Lakes Zoning Ordinance
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e-IN appropriate regulations and standards in Section 5, Subd.
5 (site and building review) and in Subd. 6 (certificate
of occupancy) must be satisfied.
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Subd. 16. "SC" Shopping Center District. ,.
(1) Purpose. This zoning classification is reserved for
modern retail shopping facilities of integrated design in
appropriate locations. potential shopping center sites
should be zoned after there is actual need shown and
construction of the center can be expected within two
years following such zoning. This will allow potential
developers greater freedom in site selection and reduce
the possibility of under- or over-zoning for commercial
development.
(A) There may be more than one site suited for
commercial activity, and public policy states that
only one may be developed.
(B) To provide a flexible means to zone land for
commercial development at a later date when there
is justification.
(2) District Lot and Yard Requirements.
(A) Minimum district size: 3 acres
(B) Minimum lot size: none
(C) Minimum lot width: none
(D) Setbacks: (The greater of the following: )
(i) From streets:
A. Residential street: 50 feet
B. Collector or arterial street: 50 feet
(ii) Front yard: 50 feet
(iii)Rear yard:
A. Principal bldg. : 30 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(iv) Side Yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
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(v) From residential district: 35 feet
(3) Height Regulations. No building in the SC District shall
exceed a height of 45 feet.
(4) Building Coverage. The area covered by any structure or
structures shall not exceed forty percent (40%) of the
total land area.
(5) Green Area. The minimum site area to be left to open
space, yard, and/or landscaped area: 10 percent.
(6) Considerations for Rezoning. Any new structures in a
Shopping Center District must be shown to fit into and
overall plan for the shopping center. Before any new
area is zoned into Shopping Centers, the following
conditions must be met.
(A) Thoroughfare Access. The shopping center will be
located adjacent to a thoroughfare or collector
street as shown on the Comprehensive Plan or as
indicated as a potential shopping center site on
such Plan.
(B) Site and Building Plans. Submission of a plot plan
showing structures, parking, driveways,
landscaping, and screening in accordance with
Section 5, Subd. 4.
(C) Intersections. In the event that a corner of any
major road intersection or interchange is zoned SC,
no further SC zoning shall be designated in the
area unless designated by the city council.
(D) Market Feasibility Study. A market feasibility
study shall be submitted to indicate need, size and
future requirements.
(7) Permitted Uses. In the SC 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. Also, all appropriate regulations and standards in
Section 5, Subd. 4 (site and building plan review) and
Subd. 6 (certificate of occupancy) must be satisfied.
(A) Retail shopping centers
(B) Personal and professional office
City of Lino Lakes Zoning Ordinance
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(C) Retail sales and service to include grocery, drugs,
hardware, appliances, furniture, office supplies
(D) Restaurants, cafes
(E) Personal services, beauty and barber shop, clothes
cleaning, dress maker, etc.
(F) Radio and television repair
(G) Liquor, off-sale
(8) Conditional Uses. The following uses pursuant to
conditional use permit granted by the city council on
application and hearing as provided in Section 5, Subd.
5, and all appropriate regulations and standards in
Section 5, Subd. 4 (site and public plan review) and
Subd. 6 (certificate of occupancy) must be satisfied.
(A) Automobile service station
(B) Theaters
(C) Car wash
(D) Open sales lot
(E) Motor fuel station
(F) Private lodges or clubs
(G) Drive-in or fast food restaurant
(H) Liquor on-sale, bars, taverns
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
116
'~ Subd. 17. "L-I" Light Industrial District.
(1) Purpose. These areas have the prerequisites for
industrial development, but because of proximity to
residential areas or the need to protect certain areas or
uses from adverse influences, high development standards
will be necessary. "L-I" uses include service industries
and industries which manufacture, fabricate, assemble or
store, where the process is not likely to create
offensive noise, vibrations, dust, heat, smoke, odor,
glare, or other objectionable influences. Generally,
these include wholesale, service and light industries
which are dependent upon raw materials refined elsewhere.
(2) Lot and Yard Requirements.
(A) Minimum district size: 3 acres
(B) Minimum lot size: 1 acre
(C) Minimum lot width: 150 feet
(D) Setbacks (The greater of the following: )
(i) From streets:
A. Residential street: 10 feet
B. Collector or arterial street: 50 feet
(ii) Front yard: 50 feet
(iii)Rear yard:
A. Principal bldg. : 15 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(iv) Side yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(v) From residential district: 75 feet.
(3) Height Regulations. No building in the L-I District
shall be erected or structurally altered to exceed 45
feet.
(4) Building Coverage. The maximum amount of a site which
�. City of Lino Lakes Zoning Ordinance
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may be covered by buildings is 40 percent.
(5) Green Area. The minimum site area to be left to open
space, yard, and/or landscaped area: 10 percent.
(6) Buffer. Where a side or rear lot line in an L-I District
coincides with an adjacent Residential or Commercial
District, or public road right-of-way, a landscape buffer
area shall be provided along such side or rear lot line
not less than 40 feet in depth and shall contain
landscaping, planting, berming or other effective
screening suitable to provide an effective 50 percent
screen.
(7) Permitted Uses. In the Light Industrial (LI) District,
no building or land shall be used and no building shall
be erected, converted or structurally altered except for
one or more of the following uses.
(A) Any use permitted in a Commercial District that
will not interfere with proper development of a
Light Industrial District.
(B) Shops and Offices for contractors including:
plumbing, heating, glazing, painting, paper
hanging, roofing, ventilating, electrical,
carpentry, welding, landscaping, excavating, and
general contracting but not storage yards.
(C) Bottling establishments to include beverages such
as soft drinks, milk, etc. , but not including
hazardous or toxic materials.
(D) Light manufacturing including the following:
(i) Canvas and canvas products
(ii) Clothing and other textile products not
including manufacturing of textiles
(iii) Manufacturing and assembly of electrical
equipment, appliances and supplies,
manufacturing and assembly of, but not to
include heavy electrical machinery
(iv) Jewelry, clocks, watches
(v) Leather products including luggage and shoes
(vi) Medical and dental appliances and furniture
City of Lino Lakes Zoning Ordinance
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(vii) Drafting equipment
(viii) Optical goods
(ix) Musical instruments
(x) Small products from the following previously
prepared materials: cork, feathers, felt,
fur, glass, hair, horn, paper, plastics,
shells
(xi) Tool, die and pattern-making and similar
small machine shops
(xii) Custom wood products
(xiii) Bicycles and toys
(xiv) Ceramic products
(xv) Candy and tobacco products
(xvi) Sporting equipment
(E) Building material sales
.-� (F) Carpet and rug cleaning
(G) Laundry, dry cleaning or dying plant
(H) Feed and seed sales
(I) Greenhouses, nurseries
(J) Machine shops and metal products manufacture when
not equipped with heavy (exceeding 50 ton pressure)
punch presses, drop forges, riveting and grinding
machines or any equipment which may create noise,
vibration, smoke, odors, heat, or glare, etc. ,
disturbing to adjacent property occupants.
(K) Medical appliance and equipment manufacture
(L) Rope, cord and twine manufacture
(M) Warehousing, storage and distribution facilities
but not motor freight terminals.
(N) Accessory uses on the same lot with and customarily
incidental to any of the above permitted uses or of
City of Lino Lakes Zoning Ordinance
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the same general character
(0) Contractor storage of equipment and building
materials if enclosed within a building
(P) Transmission Towers/radio, television and other
similar towers up to fifty-five (55) feet in height
(8) Conditional Uses. The following conditional uses may be
allowed in the L-I District subject to the provision of
Section 5, Subd. 5 of this ordinance.
(A) Open storage of materials and equipment when fenced
and screened relating to the principal use.
(B) Transmission towers/radio, television and other
similar towers over fifty-five (55) feet in height
and less than two hundred (200) feet in height when
fenced.
(C) Laboratory, research, experimental and testing
(D) Soap manufacture
(E) Paper converting
(F) Automobile service stations
(G) Automobile and truck repair
(H) Zero lot line developments (see Section 4, Subd.
11)
(I) Combining and/or processing of food products
excluding meat, fish and poultry
(J) Veterinary Clinic or Office with holding facilities
City of Lino Lakes Zoning Ordinance
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120
Subd. 18. "G-I" General Industrial District.
(1) Purpose. These are areas which, because of availability
to thoroughfares, suitable topography, and isolation, are
appropriate for industrial uses of a more intense nature
and ones which may have certain nuisance characteristics.
(2) District, Lot and Yard Requirements.
(A) Minimum district size: 10 acres
(B) Minimum lot size: 3 acres
(C) Minimum lot width: 200 feet
(D) Setbacks: (The greater of the following: )
(i) From streets:
A. Residential street: 50 feet
B. Collector or arterial street: 50 feet
(ii) Front yard:
A. Principal bldg. : 15 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(iii)Rear Yard:
A. Principal bldg. : 15 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(iv) Side yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 10 feet
(v) From residential district: 100 feet
(3) Height Regulations. No building in the G-I
District shall be erected or structurally altered
to exceed 45 feet.
(4) Building Coverage. The maximum amount of a site
which may be covered by buildings is 40 percent.
(5) Green, Area. The minimum site area to be left to
City of Lino Lakes Zoning Ordinance
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121
open space, yard, and/or landscaped area: 10
percent. '*..
(6) Buffer. Where a side or rear lot line in an G-I
District coincides with an adjacent Residential or
Commercial District, or public road right-of-way, a
landscape buffer area shall be provided along such
side or rear lot line not less than 40 feet in
depth and shall contain landscaping, planting,
berming or other screening suitable to provide an
effective visual screen.
(7) Permitted Uses. In the General Industrial (G-I)
District, no building or land shall be used and no
building shall be erected, converted or
structurally altered unless otherwise provided
herein, except for one or more of the following
uses:
(A) Any use listed as a permitted use in the
Commercial District and Light Industrial
District that will not interfere with the
proper development of the General Industrial
District.
(8) Conditional Uses. The following conditional uses
may be allowed in the G-I District, subject to the
provision of Section 5, Subd. 5 of this ordinance.
(A) Junkyard and auto salvage yards when screened
(B) Wood pulp and fiber, reduction and processing
thereof
(C) Refuse and garbage hauling business but not
disposal of storage
(D) Petroleum or other liquid storage tanks
(E) Manufacture of:
(i) Asphalt or asphalt products
(ii) Explosives, fireworks, including storage
thereof
(iii) Fertilizer, when manufactured from
organic materials
(iv) Gypsum/cement/plaster/plaster of paris
City of Lino Lakes Zoning Ordinance
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122 \,�
.� (v) Rubber
(vi) Sulphurous, sulfuric, nitric, or other
offensive or corrosive acids
(vii) Linoleum
(viii) Petroleum and chemical products
(F) Automobile service stations
(G) Metal reduction and refinement
(H) Paint products manufacture
(I) Exterior storage for contractors, when
screened
(J) Zero lot line developments (see Section 4,
Subd. 11)
(K) Motor freight terminals
(L) Brick and structural clay products manufacture
(M) Concrete mixing plants
(N) Concrete products manufacture
(0) Electroplating
(P) Grain storage and processing
(Q) Graphite products manufacture
(R) Machine shop
(S) Metal stamping
(U) Automobile and truck repair
(V) Open storage of materials and equipment when
fenced and screened and relating to the
principal use
(W) Transmission towers/radio, television, and
other similar towers over fifty-five (55) feet
in height and less than two hundred (200) feet
in height when fenced.
City of Lino Lakes Zoning Ordinance
` ADOPTED 7/13/92
123
Subd. 19. "PSP" Public and Semi-Public District.
(1) Purpose. This district is designed and intended to aid
in guiding development towards fulfillment of the
comprehensive plan to serve the following functions.
(A) To provide the community with properly located
schools, colleges, and health institutions.
(B) To provide the community with properly located
public services and utilities.
(C) to provide the community with properly located open
green space, parks, playgrounds and recreational
facilities.
(D) To relate public and semi-public locations with
thoroughfare system.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 1 acre
(B) Minimum lot width: 150 feet
(C) Setbacks: (The greater of the following: )
(i) From streets:
A. Residential street: 50 feet
B. Collector or arterial street: 50 feet
(ii) Front yard: 50 feet
(iii)Rear yard:
A. Principal bldg. : 30 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 10 feet
(iv) Side yard:
A. Principal bldg. : 10 feet
B. Accessory bldg. : 10 feet
C. Parking lot/driveway: 5 feet
(3) Height Regulations. No building in the PSP
District shall be erected or structurally altered
to exceed 45 feet.
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124
(4) Building Coverage. The maximum amount of a site
which may be covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to
open space, yard, and/or landscaped area: 35
percent
(6) Permitted Uses. In this Public and Semi-Public
(PSP) District, no building or land shall be used,
and no building shall be erected, converted or
structurally altered unless otherwise provided
herein, except for one or more of the following
uses.
(A) _ Schools - elementary
(B) Clinics, rest homes, nursing homes
(C) All public buildings for municipal government,
such as city hall, water works, sewage plant,
police, fire, etc.
(D) Parks and recreation facilities, golf courses
(E) Cemeteries
(F) All public buildings for county and state
government
(7) Conditional Uses. The following conditional uses
may be allowed in the PSP District, subject to the
provision of Section 5, Subd. 5 of this ordinance.
(A) Junior high, high school, college
(B) Hospitals
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125
Subd. 20. "PDO" Planned Development Overlay District.
(1) Purpose. The intent of the PDO District is to permit
greater flexibility and, consequently, more creative and
imaginative design of the development of residential,
commercial or industrial areas than are generally
possible under conventional zoning regulations. It is
further intended to promote more economical and efficient
use of the land while providing a harmonious variety of
housing choices, a height level of urban amenities, and
preservation of natural scenic qualities of open space.
(2) Permitted Uses. Any use permitted in the existing
district where the PDO is proposed shall be permitted in
a PDO subject to the criteria established in Section 5,
Subd. 4 of this ordinance. Additional or accessory uses
may be allowed upon conditions adopted by the review
authority. However, no use shall be permitted except in
conformity with a specific and precise final development
plan pursuant to the procedural and regulatory provisions
hereinafter set forth.
(3) Procedures for Application and Review.
(A) Preapplication Conference. It is the
responsibility of each applicant to confer with the
city planner and interested staff members in
connection with the preparation of the planned unit
development application. It shall be the
responsibility of the zoning official to contact
and invite the department heads or appropriate
persons to a joint meeting. The general outlines
of the proposal, evidenced schematically by sketch
plans, are to be considered before submission of
the planned development application. Thereafter,
the city planner shall furnish the applicant with
his written comments regarding such conference,
including appropriate recommendations to inform and
assist the applicant prior to his preparing the
components of the planned development application.
(B) Preliminary Development Plan. The developer shall
be required to submit ten (10) copies of the
following exhibits, written information, maps and
plans to the city:
(i) A legal description of the total site
proposed for development, including a
statement of present and proposed ownership
and present and proposed zoning.
City of Lino Lakes Zoning Ordinance
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126 ��
(ii) A statement of planning objectives to be
achieved by the PDO through the particular
approach proposed by the applicant. This
statement should include a description of the
character of the proposed development and the
rationale behind the assumptions and choices
made by the applicant.
(iii) A development schedule indicating the
approximate date when construction of the
planned development or stages there of can be
expected to begin and be completed.
(iv) A statement of the applicant's intentions
with regard to the future selling or leasing
of all or portions of the planned
development, such as land areas, dwelling
units, etc.
(v) Quantitative data for the following: total
number and type of dwelling units; parcel
size; proposed lot coverage of buildings and
structures; approximate gross and net
residential densities; total amount of open
space (including a separate figure for usable
open space) ; total amount of non-residential
,..r construction (including a separate figure for
commercial or institutional facilities) ;
economic feasibility studies or market
analysis where necessary; and other studies
as required by the review authority.
(vi) The existing site conditions including
contours at 2-foot intervals, water course,
floodplains, unique natural features, forest
cover, and all trees over 8 inch caliper
measured one foot above the ground.
(vii) Proposed lot lines and plot designs.
(viii)The approximate location and floor area size
of all existing and proposed buildings,
structures, and other improvements including
maximum heights, types of dwelling units,
density per type, and nonresidential
structures, including commercial facilities.
Architectural renderings of typical
structures and improvements sufficient to
relay the basic architectural intent of the
proposed improvements.
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(ix) The approximate location and size in acres or
square feet of all areas to be conveyed,
dedicated, or reserved as common open spaces,
public parks, recreational areas, school
sites, and similar public and semi-public
uses.
(x) The existing and proposed circulation system
or arterial, collector, and local streets
including off-street parking areas, service
areas, loading areas, and major points of
access to public rights-of-way (including
major points of ingress and egress to the
development) . Notations of proposed
ownership - public or private - should be
included where appropriate.
(xi) The existing and proposed pedestrian
circulation system, including its
interrelationships with the vehicular
circulation system, indicating proposed
treatments of points of conflict.
(xii) The existing and proposed pedestrian
circulation system, including. . . .
(xiii)A general landscape and grading plan including
general site improvements and plants (in
schematic form) .
(xiv) Enough information on land areas adjacent to
proposed PDO to indicate the relationships
between the proposed development and existing
and proposed adjacent areas, including land
uses, zoning classifications, densities,
circulation systems, public facilities, and
unique natural features of the landscape.
(xv) The proposed treatment of the perimeter of
the PDO including materials and techniques
used such as screens, fences, and walls.
(xvi) Proposed Homeowners Association Agreement and
restrictive covenants to cover maintenance of
buildings, grounds, parking areas, non-public
streets and other facilities, as well as
standards by which to review.
(xvii)Any additional information as required by the
review authority necessary to evaluate the
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character and impact of the proposed PUD PDO.
(C) Preliminary Development Plan Approval. Based on
the above information and staff recommendations,
the design review board will take formal action,
approving the plan with certain modifications or
disapproving it. The findings of the design review
board are then submitted to the city council for
action at the next regularly scheduled meeting.
(D) Public Hearing. A public hearing on the
preliminary development plan shall be held by the
design review board or city council.
(E) City Council Action. The city council must take
action on the application within sixty (60) days
following referral by the design review board.
(F) Final Development Plan. This stage finalizes the
design specifics of the preliminary development
plan and allows review of any additional items.
The plan should be submitted for final review
before the design review board through the city
planner who has reviewed the plan to ensure that it
conforms with the ordinance and to make sure that
it does not vary significantly from the preliminary
development plan. The design review board will
take formal action on the plan and send it on to
the city council.
Following approval of the preliminary development
plan, if given, the applicant shall submit ten (10)
copies of the final development plan consisting of
the following:
(i) Proposed name of the development (which shall
not duplicate nor be similar in pronunciation
to the name of any plat theretofore recorded
in the county) .
(ii) The precise location, size, use and
arrangement including height in stories and
feet and total square feet of ground area
coverage and floor area of proposed
buildings, including existing buildings which
will remain, if any.
(iii) Precise location, dimensions of all driveways,
entrances, curb cuts, parking stalls, loading
spaces and access aisles, and all other
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circulation elements including bike and
pedestrian; and the total site coverage of
all circulation elements. �..�
(iv) Location, designation and total area of all
common open space.
(v) Proposed lots and blocks, if any, and
numbering system.
(vi) Detailed sketches and provisions of proposed
landscaping.
(vii) Grading and drainage plans for the developed
PDO.
(viii)Any other information that may have been
required by the design review board or
council in conjunction with the approval of
the general concept plan.
(ix) A final tabulation indicating the number of
residential dwelling units and expected
population.
(x) A tabulation indicating the gross square
footage, if any, of commercial and industrial
floor space by type of activity (e.g. , drug
store, dry cleaning, supermarket) .
(xi) Preliminary architectural "typical" plans
indicating use, floor plan, elevations and
exterior wall finishes of proposed buildings.
(xii) A detailed site plan, suitable for recording,
showing the physical layout, design and
purpose of all streets, easements, rights-of-
way, utility lines and facilities, lots,
block, public and common open space, general
landscaping plan, structure, including mobile
homes, and uses.
(xiii)A soil erosion control plan acceptable to
watershed district, Department of Natural
Resources, or any other agency with review
authority, clearly illustrating erosion
control measures to be used during
construction and as permanent measures.
(G) Processing fees. At the time of formal application
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,.-. for a PDO the developer must pay a filing fee to
help defray the cost of review.
(H) Ownership. A tract of land to be developed as a
planned development shall be under the control of:
(i) A single owner: or
(ii) A group of landowners, acting through a
corporation, where each owner agrees in
advance to be bound by the conditions and
regulations which will be effective within the
district and to record such covenants,
easements, and other provisions with the
county registrar of deeds.
(I) Enforcement. If no construction has begun in the
PDO within 12 months from the approval of the PDO
and recording of documents, said approval shall
lapse and be of no further effect. The design
review board, upon showing of good cause by the
developer, may extend for period(s) of 12 months,
the time for beginning construction.
(4) Substantive Criteria for Review and Approval.
�,..� (A) Density. The average density of the PDO shall not
be greater than that which applies to the existing
zone where the PDO is proposed as established in
this ordinance.
(B) Minimum Parcel Size. The area of the land to be
developed shall not be less than 5 acres.
(C) Open Space. A minimum of 10 percent of the total
project area shall be reserved for active
recreation (areas large enough to be suitable for
active play) .
(i) A minimum of 35 percent of the total project
area shall be reserved as open space (green
area) . (Active recreational areas may be used
in meeting open space requirements) .
(ii) All common open space, at the election of the
city, shall be:
Conveyed to the city or conveyed to a not-for-
profit corporation or entity established for
the purpose of benefiting the owners and
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residents of the planned development or
adjoining property owners or any one or more
of them; or
Guaranteed by a restrictive covenant
describing the open space and its maintenance
and improvement, running with the land for the
benefit of residents of the planned
development or adjoining property owners
and/or both.
(D) Height, setback, and Lot Coverage Regulations. All
such restrictions shall be waived in development of
a PDO except along the perimeter of the development
as long as the project is in compliance with
average density and open space provisions of this
ordinance. PDO perimeters can be established by
applying the setback requirements of the
surrounding district or can be related to the
height of the buildings within the PDO.
(E) Environmental Design. Environmental design
considerations shall be incorporated into the PDO
process by requiring existing natural amenities and
landscaping and a proposed landscaping plan to be
submitted during the review process.
The general landscaping plan submitted during the
preliminary development plan phase shall be
followed by a detailed landscaping plan, showing
the spacing, sizes, and specific types of
landscaping material.
(F) Traffic Circulation. Principal vehicular access
points shall be designed to permit smooth traffic
flow with controlled turning movements and minimum
hazards to vehicular or pedestrian traffic. Minor
streets within the PDO shall not be connected to
streets outside the development in such a way as to
encourage their use by through traffic.
The proposed PDO district shall be located with
regard to major thoroughfares and uses outside the
district so that traffic congestion will not be
created by the proposed development or will be
obviated by presently projected improvements and
that uses adjacent to such thoroughfares will not
be adversely affected.
(G) Parking Standards. Parking standards for the PDO
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are the same as for other similar uses as provided
in the off-street parking section of this
ordinance. Variances may be applied for where
combined land uses warrant a deviation from
established requirements.
(H) Public Services.
(i) A PDO shall not create a demand for public
service which exceeds that which is normally
provided in the zoning district of the
proposed PDO.
(ii) Public facilities and improvements, including
water, sewer and street facilities, made
necessary as a result of the planned
development shall be provided by the developer
of the PDO. These improvements shall be
constructed in advance of the approval of the
final plan, or, at the election of the city,
escrow deposits, irrevocable letters of credit
in a form approved by the city, or performance
bonds shall be delivered to guarantee
construction of the required improvements.
(I) Nonresidential Structures. Nonresidential uses,
limited to those specifically approved by the
design review board, are permitted in a planned
development provided that such uses primarily are
for the service and convenience of the residents of
the development.
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133
Subd. 21. "R-BR Rural-Business Reserve District
(1) Purpose. This district is intended to preserve a rural
very low-density environment until such time as the land
is needed for commercial and industrial uses. Residents
of this district can expect to fully use the land for
farming, grazing, animal husbandry, propagation of
nursery stock, gardening, and other traditional rural
uses. In addition, the district is meant to prevent
incursion of those land uses that would adversely affect
or diminish the rural character of the land. In
particular subdivisions of land for residential purposes
as well as commercial and industrial uses without access
to suitable infrastructure is not to be permitted.
This district is also meant to serve the following
functions:
(A) To control and limit urban sprawl.
(B) To conserve land in a viable economic status until
such time as the need is present for rezoning to a
business use district.
(C) To reduce the possibility of rural-urban conflict
in both the use of the land and in the extension of
utilities and other infrastructure items.
(D) To maintain acceptable per-capita costs for city
services such as snow-plowing, road maintenance,
and fire and police protection.
(E) To define a "trigger-mechanism" that will establish
a formula for the rezoning of Rural-Business
Reserve land to a business use as needed.
(2) Lot and yard requirements.
(A) Minimum lot size: 10 acres
(B) Minimum lot width: 330 feet
(C) Setbacks:
(i) Front Yard: 30 feet
(ii) Rear Yard: 30 feet
(iii) Side Yard Interior: 10 feet
(iv) Side Yard Corner: 30 feet
(3) Floor Area Requirements. The minimum outside dimension,
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floor area for single-family dwellings shall be as
follows:
Rambler (3 bedrooms) 1050 square feet
Rambler (2 bedrooms) 980 square feet
1 1/2 Story 980 square feet
Split Foyer (foyer, stairs) 980 square feet
2 Story 850 square feet
(4) Height Regulations. No building shall be erected or
structurally altered to exceed thirty (30) feet. These
regulations shall not apply to barns, silos, or other
farm buildings.
(5) Permitted Uses. In the Rural-Business Reserve 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. Also, no person shall
change the use or any land or occupancy or utilize a
newly constructed or altered building except a single-
family dwelling and its accessory buildings or farm
structure without first having obtained a Certificate of
Occupancy and satisfied the requirements of Section 5,
Subdivision 4 and 6.
(A) Single-family detached dwellings.
(B) Agriculture, gardening and sod farming.
(C) Temporary stands for the sale of agricultural
products produced on the premises.
(D) Stock raising, dairying, and stables in accordance
with Lino Lakes City Code, Section 503.
(E) Commercial greenhouses and nurseries.
(F) Home occupations as provided in Section 4,
Subdivision 4.
(6) Conditional Uses. The following are conditional uses in
the "R-BR" District (require a Conditional Use Permit
based upon the procedures set forth in and regulated by
Section 5, Subdivision 5. Conditional Use Permits) and
Certificate of Occupancy as provided by Section 5,
Subdivision 6.
(A) Commercial riding stables
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(B) Feedlots
(C) Public Buildings
(D) Commercial horse breeding and operation
(E) Commercial boarding stables
(F) Livery stables
(G) Horse arena
(7) Accessory Buildings (see Section 4, Subdivision 7,
Accessory Buildings) .
(8) Rezoning (Trigger Mechanism) Land in the Rural-Business
Reserve District shall be rezoned by the City upon
demonstration that the adjacent business zone located at
County Road 14 and I-35E has developed fifty (50) percent
of its buildable area. Rezoned land shall be adjacent to
the existing business district and shall extend from
south to north in quarter-mile increments. From that
point on rezoning shall be initiated whenever the
corridor has an inventory of buildable land of no more
than 200 acres.
(9) Impact on Adjoining Property. To protect the rural
nature of the Rural-Business Reserve District, no
activity in the adjacent business zoning district shall
result in the following.
1. Loud, boisterous, and disturbing noise levels.
2 . Hazardous traffic conditions.
3 . Offensive, obnoxious, and disturbing odors.
4 . Excessive litter.
5. Excessive artificial lighting.
6. Substantial decrease in adjoining property values.
7. Any other condition inconsistent with the reasonable
use and enjoyment of adjoining property and inconsistent with the
health, safety, morals, and general welfare of the adjoining
community.
City of Lino Lakes Zoning Ordinance
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136 �.
Section 7. Airport Zoning.
Subdivision 1. Airspace Obstruction Zoning.
(1) Airspace Zones. In order to carry out the purpose of
this ordinance as set forth above, the following airspace
zones are hereby established: Primary Zone, Horizontal
Zone, Conical Zone, and Approach Zone, and whose
locations and dimensions are as follows:
(A) Primary Zone. All that land which lies directly
under an imaginary primary surface longitudinally
centered on a runway and extending 200 feet beyond
each end of the runway. The elevation of any point
on the primary surface is the same as the elevation
of the nearest point on the runway centerline. The
width of the primary surface is 250 feet.
(B) Horizontal Zone. All that land which lies directly
under an imaginary horizontal surface 150 feet
above the established airport elevation, the
perimeter of which is constructed by swinging arcs
of specified radii from the center of each end of
the primary surface of each runway and connecting
the adjacent arcs by lines tangent to those arcs.
The radius of each arch is 6,000 feet.
(C) Conical Zone. All that land which lies directly
under an imaginary conical surface extending upward
and outward from the periphery of the horizontal
surface at a slope of 20 to 1 for a horizontal
distance of 4,000 feet as measured radially outward
from the periphery of the horizontal surface.
(D) Approach Zone All that land which lies directly
under an imaginary approach surface longitudinally
centered on the extended centerline at each end of
a runway. The inner edge of the approach surface
is at the same width and elevation as, and
coincides with, the end of the primary surface.
The approach surface inclines upward and outward at
a slope of 20:1. The approach surface expands
uniformly to a width of 2,500 feet at a distance of
10, 000 feet to the periphery of the conical
surface.
(2) Height Restrictions. Except as otherwise provided in
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this ordinance, and except as necessary and incidental to
airport operations, no structure or tree shall be
constructed, altered, maintained, or allowed to grow in
any airspace zone so as to project above any of the
imaginary airspace surfaces described in said Subdivision
1. (Airspace Zones) hereof. Where an area is covered by
more than one height limitation, the more restrictive
limitations shall prevail.
(3) Boundary Limitations. The municipality may regulate the
location, size and use of building and the density of
population in that portion of an airport hazard area
under the approach zones for a distance not exceeding two
miles from the airport boundary and may regulate height
restriction zoning for a distance not to exceed one and
one-half . miles beyond the perimeter of the airport
boundary.
Subd. 2. Land Use Safety Zoning.
(1) Safety Zone Boundaries. In order to carry out the
purpose of this ordinance, as set forth above and also in
order to restrict those uses which may be hazardous to
the operational safety of aircraft operating to and from
the airports located in the City of Lino Lakes, and
furthermore to limit population and building density in
the runway approach areas, thereby creating sufficient
open space so as to protect life and property in case of
an accident, there are hereby created and established the
following land use safety zones:
(A) Safety Zone A. All land in that portion of the
approach zones of a runway, as defined in
Subsection A of Airspace Obstruction Zoning hereof,
which extends outward from the end of primary
surface a distance equal to two-thirds of the
planned length of the runway.
(B) Safety Zone B. All land in that portion of the
approach zones of a runway, as defined in
Subsection A of Airspace Obstruction Zoning hereof,
which extends out-ward from Safety Zone A distance
equal to one-third of the planned length of the
runway.
(C) Safety Zone C. All that land which is enclosed
within the perimeter of the horizontal zone, as
defined in Subd. 1. (1) of Airspace Obstruction
Zoning hereof, and which is not included in Safety
Zone A or Safety Zone B.
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(2) Use Restrictions.
(A) General. Subject at all times to the height
restrictions set forth in Subdivision 1. (Airspace
Obstruction Zoning) , no use shall be made of any
land in any of the safety zones defined in
Subdivision 2. (Land Use Safety Zoning) , which
creates or causes interference with the operations
of radio or electronic facilities on the airport or
with radio or electronic communications between
airport and aircraft, makes it difficult for pilots
to distinguish between airport lights and other
lights, results in glare in the eyes of pilots
using the airport, impairs visibility in the
vicinity of the airport, or otherwise endangers the
landing, taking off, or maneuvering of aircraft.
(B) Zone A. Subject at all times to the height
restrictions set forth in Subdivision 1. Airspace
Obstruction Zoning) , areas designated as Zone A
shall contain no buildings, temporary structures,
exposed transmission lines, or other similar above-
ground land uses structural hazards, and shall be
restricted to those uses which will not create,
attract, or bring together an assembly of persons
thereon. Permitted uses may include, but are not
limited to, such uses as agriculture (seasonal
crops) , horticulture, animal husbandry, raising of
livestock, wildlife habitat, light outdoor
recreation (nonspectator) , cemeteries, vehicle
parking lots, and single-family dwellings.
(C) Zone B. Subject at all times to the height
restrictions set forth in Subdivision 1. (Airspace
Obstruction Zoning) , areas designated as Zone B
shall be restricted in use as follows:
(i) Each use shall be on a site whose area shall
not be less than one acre.
(ii) The following uses are specifically prohibited
in Zone B: Churches, hospitals, schools,
theaters, stadiums, hotels and motels,
campgrounds, and other places of frequent
public or semipublic assembly.
(D) Zone C. Zone C is subject only to height
restrictions set forth in Subsection B of Airspace
Obstruction Zoning.
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Section 8. Parking for All Zoning Districts.
Subd. 1. Minimum Off-Street Parking Space Requirements. In
all districts, off street automobile parking space shall be
provided as an accessory use in accordance with the following
provisions at the time any building or structure is erected,
enlarged, or expanded in height or ground coverage.
(1) Rural Districts (R, R-X) All parking shall be provided on
the premises.
(2) Residential Districts.
(A) R-1, R-1X, and R-2, Two (2) spaces per dwelling
unit.
(B) R-3 and R-4, Two and a half (2.5) spaces per
dwelling unit. (See Section 6, Subd. 9 (g) and
Section 6, Subd. 10 (8) .
(C) R-6 and R-7, Two (2) spaces per dwelling unit.
(3) Commercial District.
(A) Neighborhood Business.
(i) Convenience Grocery Store. One (1) space
for each 80 square feet of retail space.
(ii) Barber Shop/Beauty Parlor. Four (4)
spaces for each barber chair.
(iii) Laundromat. Six (6 spaces per 1000
square feet of gross floor area.
(iv) Bakery. Six (6) spaces per 1000 square
feet of gross floor area.
(B) Limited Business
(i) Professional Offices. One (1) space for
every 150 square feet.
(ii) Financial Institution. Four (4) spaces
for every 1000 square feet.
(iii) Funeral Chapel or Mortuary. Five (5)
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spaces for each chapel plus one for each
funeral vehicle. Funeral procession
make-up space shall be provided off-
street.
(iv) Churches. One (1) space for each four
seats based on the design capacity of
main assembly area.
(v) Veterinary Clinic. Four (4) spaces per
1000 square feet of gross floor area.
(C) General Business.
(i) _ Motor Fuel Station. Four (4) spaces plus
one (1) space for each employee on duty.
Parking at fuel pumps shall not be
allowed to satisfy these requirements.
(ii) Retail Sales and Service. One (1) space
per each 200 square feet of ground floor
area.
(iii) Auto Sales/Car Lot. Four (4) spaces per
1000 square feet gross floor area plus
one space per each 2000 square feet of
gross land area.
(iv) Car Wash. Spaces equal to five times the
capacity of the operation plus one space
for each employee.
(v) Restaurant. Ten spaces for each 1000
square feet of dining room plus one space
for each employee of the maximum working
shift.
(vi) Bakery/Confection Shop. Six (6) spaces
per 1000 square feet of gross floor area.
(vii) Auto, Farm, Boat Equipment Sales. Six
(6) spaces per 1000 square feet of gross
floor area.
(viii) Open Sales Lot. Ten (10) spaces or one
per 2000 square feet gross land area
whichever is larger.
(ix) Printing Establishments. One (1) space
for each employee plus one space for each
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1000 square feet gross floor area.
(x) Bowling Alley. Five (5) spaces for each
alley plus additional spaces for related
uses.
(xi) Electrical and Television Repair. Six
(6) spaces per 1000 square feet gross
floor area.
(xii) Woodworking Shop. One (1) space for each
employee plus one space for each 1000
square feet of gross floor area.
(xiii) Hotel and Motel. One space for each
rental unit plus one space for each eight
rental units plus one space for each
employee on the maximum working shift.
(xiv) Hospital. Two (2) spaces for each bed.
(xv) Drive-In Restaurant. Thirty (30) spaces
for each 1000 square feet of gross floor
area.
(xvi) Fast Food Restaurant. Fifteen (15)
spaces per 1000 square feet of gross
floor area.
(xvii) Retail Sales including Grocery, Drug,
Hardware Stores. Five (5) spaces per
1000 square feet of gross floor area.
(xviii) Taverns. Ten (10) spaces per 1000 square
feet of gross floor area.
(xiv) Theaters. One (1) space for each four
(4) seats.
(4) Industrial Districts.
(A) Contractors' Offices, Shops and Yards. Two (2)
spaces for each employee.
(B) Light Manufacturing. One (1) space for each
employee or one space for each 2000 square feet of
gross floor area, whichever is greater.
(5) Public and Semi-Public District.
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142 �
(A) Schools, Elementary and Junior High. One (1) space
for each classroom plus one additional space for
each 300 student capacity plus one space for each
employee plus one space for each four seats in
auditorium.
(B) High Schools and Colleges. One (1) space for each
classroom plus one additional space for each seven
(7) students based upon maximum design capacity.
(C) Hospitals. Two (2) spaces for each bed.
(D) Rest Home, Nursing Home, or Institution. One (1)
space for each six beds based upon maximum design
capacity, plus one space for each two employees.
(6) Districts or Uses Not Specifically Noted. Parking spaces
as determined by city council following review by design
review board.
Subd. 2 . Parking Location Requirements. All accessory off-
street parking facilities required herein shall be located as
follows:
(1) Spaces accessory to one- and two-family dwellings on the
same lot as the principal use served.
(2) Spaces accessory to multiple-family dwellings on the same
lot as the principal use served and within 200 feet of
the main entrance to the principal building served.
(3) Spaces accessory to uses located in a Business,
Industrial, or Public and Semi-Public District, within
800 feet of a main entrance to the principal building
served.
(4) No off-street parking space located in a Business,
Industrial or Public and Semi-Public District shall be
within fifteen (15) feet of any street right-of-way.
(5) No off-street open parking area containing more than four
parking spaces shall be located closer than five feet
from an adjacent lot zoned or used for residential
purposes.
Subd. 3. General Parking Provisions.
(1) Existing off-street parking spaces and loading spaces
upon the effective date of this Ordinance shall not be
reduced in number unless said number exceeds the
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requirements set forth herein for a similar new use.
(2) Should a building, structure, or use in existence upon
the effective date of this Ordinance be damaged or
destroyed by fire or other cause, it may be re-
established except that in so doing any off-street
parking or loading which existed must be retained, but
should plans propose a change in use or an enlargement of
the floor area, seating capacity or other facilities
which would affect the parking or loading requirements,
the parking or loading spaces shall be changed
accordingly.
(3) Floor Area. For purposes of determining the parking area
requirements, the building floor area shall not include
areas used primarily as building utility rooms, toilets
or -rest rooms, dressing, fitting or alteration rooms,
coolers, window displays, or lobbies.
(4) Hospital Bassinets. In hospitals, bassinets shall not be
counted as beds.
(5) Benches in places of public assembly-in stadiums, sport
arenas, churches, and other places of public assembly in
which patrons or spectators occupy benches, pews, or
other similar seating facilities, each 22 inches of such
seating facilities shall be counted as one seat for the
purpose of determining requirements for off-street
parking facilities under this ordinance.
(6) Parking Spaces. Each parking space shall be not less
than nine (9) feet wide and eighteen (18) feet in length
exclusive of an adequately designed system of access
drives.
(7) Use of Parking Facilities in a Residential District. Off
street parking facilities accessory to a residential use
shall be utilized solely for the parking of passenger
automobiles and/or one truck not to exceed 11,075 pounds
gross weight for each dwelling. Under no circumstances
shall required parking facilities accessory to
residential structures be used for the storage of
commercial vehicles or for the parking of automobiles
belonging to the employees, owners, tenants or customers
of nearby business or manufacturing establishments.
(8) Joint Parking Facilities. Off-street parking facilities
for a combination of mixed buildings, structures, or uses
may be provided collectively in any "District" (except
Residential Districts) in which separate parking
City of Lino Lakes Zoning Ordinance
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�..� facilities for each separate building, structure or use
would be required, provided that the total number of
spaces provided shall equal the sum of the separate
requirements of each use during any peak parking periods.
(9) Control of Off-Street Parking Facilities. When required,
accessory off-street parking facilities are provided
elsewhere than on the lot in which the principal use
served is located, they shall be in the same ownership or
control either by deed or long-term lease, as the
property occupied by such principal use, and the owner of
the principal use shall file a recordable document with
the city requiring the owner and his or her heirs and
assigns to maintain the required number of off-street
spaces during the existence of said principal use.
(10) Use of Parking Area. Required off-street parking space
in any district shall not be utilized for open storage of
goods or for the storage of vehicles which are inoperable
or for sale or for rent.
Subd. 4 . Design and Setback Requirements for Off-Street Areas.
(1) Parking areas shall be designed so as to provide adequate
means of access to a public alley or street. Such
driveway access shall not exceed 26 feet in width and
shall be so located as to cause the least interference
with traffic movement.
(2) Calculating Space. When determining the number of off
street parking spaces required results in a fraction,
each fraction of one-half (1/2) or more shall constitute
another space.
(3) All access driveways, approaches, sales lots, and parking
areas shall be surfaced with asphalt or concrete in a
manner approved by the city engineer. Exceptions are
access drives, driveways, approaches, sales lots, and
parking areas in the rural and residential districts of
the city that serve farm and residential principal and
accessory uses on parcels of more than one acre. These
may be surfaced with 1) class 5 gravel, 2) pea rock, 3)
crushed rock, or 4) agricultural lime in a manner
approved by the city engineer. On parcels of less than
one acre, asphalt or concrete surfaces are required.
(4) Lighting. Any lighting used to illuminate an off-street
parking area shall be arranged as to reflect the light
away from the adjoining property.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
145
(5) Curbing. All off-street parking areas designed to have
head-in parking along the property line shall have a
curb, wheel stop or bumper guard not less than five (5)
feet from the side property line.
(6) When a parking area of six (6) spaces or more is adjacent
to the setback from a street, a curb or fence not over
four (4) feet in height shall be erected along said
setback line for the length of the parking area and grass
or planting shall occupy the space between the roadway
and curb or fence. (The design review board may
recommend screening in lieu of fencing)
(7) Parking Space for Six (6) or More Cars. When an off-
street parking area for six (6) or more cars is located
within thirty (30) feet of an adjoining Residential
District, a screening shall be provided between the
Residential District property line and the parking area.
(8) Maintenance of Off-Street Parking Space. It shall be the
joint responsibility of the operator and owner of the
principal use, uses and/or buildings to maintain, a neat
and adequate manner, the parking space, accessways,
landscaping and required screening.
(9) Access. All off-street parking spaces shall have access
off driveways and not directly off the public street.
Subd. 5. Motor Vehicle Parking in Residential Areas.
(1) No motor vehicle exceeding a gross weight of 11,075
pounds shall be parked or stored in a residential
district except when loading, unloading, or rendering a
service unless a permit that complies with the following
requirements is obtained from the building inspector.
(A) The unit shall not be parked for more than 72 hours
within a 7 day period excluding legal holidays.
(B) The unit shall be parked behind the front of the
dwelling.
(C) No more than one- permit shall be granted per
residence.
(D) Neither the truck engine nor any other motorized
component shall be left running while the vehicle
is parked.
(E) There shall be a minimum of 150 feet from the unit
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
146
� to the nearest lot line.
(F) The unit shall remain connected.
(G) All parking permits shall be reviewed and renewed
on July 1 of each year at a fee of $20.00 annually.
(H) At the time the lot or parcel of property becomes
non-conforming the permit will be canceled.
(2) In no residential district shall more than two vehicles
be permanently stored outside.
Subd. 6. Off-Street Loading and Unloading Areas.
(1) Location. All required loading berths shall be off-
street and shall be located on the same lot as the
building or use to be served. A loading berth shall not
be located less than 25 feet from the intersection of two
street rights-of-way nor less than 50 feet from a
Residential District unless within a building. Loading
berths shall not occupy the required front yard space.
(2) Size. Unless otherwise specified in this Ordinance, a
required loading berth shall be not less than 12 feet in
width, 25 feet in length exclusive of aisle and
maneuvering space.
(3) Access. Each required loading berth shall be located
with appropriate means of vehicular access to a street or
public alley in a manner which will least interfere with
traffic.
(4) Surfacing. All loading berths and accessways shall be
surfaced with a bituminous or concrete or other material
approved by the city engineer.
(5) Accessory Use. Any space allocated as a loading berth or
maneuvering areas so as to comply with the terms of this
ordinance shall not be used for the storage of goods,
inoperable vehicles or to be included as a part of the
space requirements necessary to meet the off-street
parking area.
(6) In connection with any structure which is to be erected
or substantially altered, any which requires the receipt
or distribution of materials or merchandise by trucks or
similar vehicles, there shall be provided off-street
loading space.
City of Lino Lakes Zoning Ordinance
✓�� ADOPTED 7/13/92
147
(7) Where noise from loading or unloading activity is
determined to be an audible nuisance in a residential
district, the city council may limit the hours of
operation.
Sub. 7. Traffic Control. The traffic generated by any use
shall be channelized and controlled in a manner that it will
minimize: (a) congestion on the public streets; (b) traffic
hazards; and (c) excessive traffic through residential areas,
particularly truck traffic. Internal traffic shall be so regulated
as to ensure its safe and orderly flow. Traffic into and out of
business and industrial areas, and all traffic from residential
lots adjacent to a collector street or minor arterial street shall
in all cases be forward moving with no backing into streets.
On corner lots (including Rural Districts) , nothing shall be placed
or allowed to grow in such a manner as materially to impede vision
between a height of two and one-half (2 1/2) and ten (10) feet
above the centerline grades of the intersecting streets within
fifteen (15) feet of the intersecting street right-of-way lines.
This restriction shall also apply to the planting of crops and to
yard- grades that result in elevations that impede vision within
fifteen (15) feet of any intersecting street right-of-way lines.
City of Lino Lakes Zoning Ordinance
ADOPTED 7113/92 `
148 �w/
Section 9. Fees. No application for a conditional use
permit, rezoning, zoning ordinance amendment, variance, or site and
building plan review, shall be accepted or considered by the city
council or any other body of the city unless such application is
accompanied by a deposit. The total fee for processing such
application, which shall be paid by the petitioner to the city,
shall be paid whether or not such application is approved or
denied. The deposit shall be the total out of pocket expenses
incurred by the city in processing such application, for such
necessary items as, but not limited to attorneys, planners, and/or
engineer's fees and costs, and any other costs incident thereto,
and shall be in addition to a fee for the city staff services, to
be paid to the city, which separate fees and deposits shall be as
follows:
Fee Deposit
Conditional Use Permit Fee $50.00 $300.00
Rezoning Fee $50.00 $300.00
Platting $50.00 $600.00
Variances $50.00 $200.00
Site and Building Plan Review $50.00 $300.00
+ 1$ of construction
costs to insure com-
pletion of improve-
ments
The deposit shall not be considered as the total amount to be paid.
The total amount shall be the actual amount expended plus the fee
for the city staff services.
Any unused portion of the required deposits will be returned to the
petitioner.
The fees established herein may be changed by the city council from
time to time, by resolution, a copy of which shall be on file in
the office of the city clerk-treasurer and available for inspection
during regular city office hours.
r�
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/93
149
Section 10. Penalty Section. Whoever in any manner violates
or fails to comply with any of the terms of this ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be
punished according to state law and shall define together with the
costs of prosecution. Each day that a violation exists shall be
considered as a separate violation.
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92
150
Section 11. Effective Date. This Ordinance shall be
effective upon adoption and publication as provided by law.
Passed by the City Council of Lino Lakes, Anoka County,
Minnesota, this 13th day of July, 1992.
SIGNED:
Vernon F. Reinert, Mayor
ATTEST:
n - :
Marilyn GJ. Anderson
Clerk-Treasurer
(SEAL)
Published in the City's Legal Paper on August 25th , .
City of Lino Lakes Zoning Ordinance
ADOPTED 7/13/92 151
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 12-83
AN ORDINANCE FOR THE MANAGEMENT OF SHORELAND AREAS OF THE CITY OF
LINO LAKES.
The City Council of the City of Lino Lakes ordains:
Section 1. General Provisions.
A. Statutory Authorization: This ordinance is adopted pursuant
to the authorization contained in the laws of Minnesota 1973,
Chapter 379, and in furtherance of the policies declared in
Minnesota Statutes 1976, Chapters 105, 115, 116 and 462 .
B. Policy: The uncontrolled use of shorelands of the City of
Lino Lakes 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 development of shorelands of
r^� public waters. The Legislature of Minnesota has delegated
responsibility to the municipalities of the State to regulate
the subdivision, use and development of the shorelands of
public waters, presei-ve the economic and natural environmental
values of shorelands, and provide for the wise utilization of
waters and related land resources. This responsibility is
hereby recognized by the City of Lino Lakes.
C. Definitions: For the purpose of this Ordinance, certain terms
or words used herein shall be interpreted as follows: The
word "shall" is mandatory, not permissive. All distances
unless otherwise specified shall be measured horizontally.
"Boathouse" means a structure used solely for the storage of
boats or boating equipment.
"Building Line" means that line measured across the width of
the lot at the point where the principal structure is placed
in accordance with setback provisions.
"Clear-cutting" means the removal of an entire stand of trees.
"Conditional Use" means a use of shorelands which is permitted
within a zoning district only when allowed by the City after
a public hearing, if certain conditions are met which
eliminate or minimize the incompatibility of the conditional
use with other permitted uses of the district.
"Governing Body" means the City Council by whatever name
known.
1
"Hardship" means the property in question cannot be put to
reasonable use under the conditions allowed byu 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.
"Lot" means a parcel of land designated by metes and bounds
description, registered land survey, auditors plot, and other
accepted means and separated from other parcels or portions
by said description for the purpose of sale, lease, or
separation thereof. For the purposes of these regulations,
a lot shall be considered to be an individual building site
which shall be occupied by no more than one principal
structure equipped with sanitary facilities.
"Nonconforming Use" means any use of land established before
the effective date of this ordinance which does not conform
to the use restrictions of a particular zoning district. This
should not be confused with substandard dimensions of a
conforming use.
"Ordinary High Water Mark" means a mark delineating the
highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The
ordinary high water mark is commonly that point where the
natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
"Planned Unit Development" means a type of development which
may incorporate a variety of land uses planned and developed
as a unit. The Planned Unit Development is distinguished from
the traditional subdivision process of development in that
zoning standards such as density, height limits, and minimum
lot sizes may be altered by negotiation and agreement between
the developer, the municipality and the Commissioner of
Natural Resources.
"Cluster Development" is considered to be a type of Planned
Unit Development and is subject to the same review criteria.
"Planning Agency" means the planning commission or planning
department as created by the governing body.
"Protected Waters*" means any waters of the State as defined
in Minnesota Statutes 1980, Section 105.37, Subdivision 14.
However, no lake, pond or flowage of less than ten acres in
size and no river or stream having a total drainage area less
than two square miles shall be regulated for the purposes of
these regulations.
2
"Setback" means the minimum horizontal distance between a
structure or sanitary facility and the ordinary high water
mark or between a structure or sanitary facility and a road,
highway, or property line.
"Public Waters" has been changed to "Protected Water". All
regulations and requirements remain the same, only the name
has been changed.
"Shoreland" means land located within the following distances
from protected waters: (i) 1,000 feet from the ordinary high
water mark of a lake, pond, or flowage; and (ii) 300 feet from
a river or stream, or the landward extent of a flood plain on
such rivers or streams, whichever is greater. The practical
limits of shorelands may be less than the statutory limits
where such limits are designated by natural drainage divides
at lesser distances, as shown on the official zoning map of
the City.
"Structure" means any building (including mobile homes) or
appurtenance thereto, except aerial or underground utility
lines such as sewer, electric, telephone, telegraph or gas
lines, including towers, poles, and other supporting
appurtenances.
"Subdivision" means improved or unimproved land or lands which
are divided for the purpose of ready sale or lease, or divided
successively within a five (5) year period for the purpose of
sale or lease, into three (3) or more lots or parcels of less
than five (5) acres each, contiguous in area and which are
under common ownership or control.
"Substandard Use" means any use of shorelands existing prior
to the date of enactment of this ordinance which is permitted
within the applicable zoning district but does not meet the
minimum lot area and length or water frontage, structure
setbacks, or other dimensional standards of the ordinance.
"Variance" means any modification or variation of official
controls where it is determined that, because of hardships,
strict enforcement of the official controls is impractical.
Section 2. Designation of Types of Land Use.
A. Shoreland Management Classification: In order to guide the
wise development and utilization of shorelands of protected
waters for the preservation of water quality, natural
characteristics, economic values and the general health,
safety and welfare, certain protected waters in the City have
been given a shoreland management classification.
ram. These protected waters of the City have been classified by the
Commissioner of Natural Resources as follows:
3
Natural Environment Lakes DNR I.D. No.
1. Rice Lake # 2-8
2. Marshan # 2-7
3 . Peltier # 2-4
4. Wilkinson #62-43
5. Amelia # 2-14
6. George Watch # 2-5
7. Wards # 2-10
8. Sherman # 2-11
9. Cedar # 2-12
10. Rondeau # 2-15
Recreational Development Lakes DNR I.D. No.
1. Reshanau Lake # 2-9
2. Otter Lake # 2-3
3. Centerville # 2-6
4. Baldwin # 2-13
General Development Lakes DNR I.D. No.
1. Bald Eagle # 62-2
B. Shoreland Overlay District: The shorelands of the City of
Lino Lakes, are hereby designated as a Shoreland Overlay
District. The purpose of the Shoreland Overlay District is
to provide for the wise utilization of shoreland areas in
order to preserve the quality and natural character of these
protected waters of the City.
1. Permitted Uses.
All permitted uses allowed and regulated by the
applicable zoning district underlying this shoreland
overlay district as indicated on the official zoning map
of the City.
2 . Conditional Uses.
a) All conditional uses and applicable attached
conditions allowed and regulated by the applicable
zoning district underlying this shoreland overlay
district as indicated on the official zoning map
of the City and as required by Section 1V of this
Ordinance.
b) Boathouses.
3 . Substandard Uses.
Any uses of shorelands in existence prior to the date of
enactment of this ordinance which are permitted within
the applicable zoning district, but do not meet the
minimum lot area, setbacks or other dimensional
4
' requirements of this ordinance are substandard uses.
Substandard uses, including substandard sanitary
facilities, shall be allowed to continue. However, any
structural alteration or addition to a substandard use
which will increase the substandard dimensions shall not
be allowed.
4. Prohibited Uses.,
Any uses which are not permitted or conditional uses as
regulated by the applicable zoning district underlying
this Shoreland Overlay District as indicated on the
official zoning map of the City.
Section 3 . Zoning Provisions.
A. The following standards shall apply to all shorelands of the
protected waters listed in Section II of this Ordinance within
the City. Where the requirements of the underlying zoning
district as shown on the official zoning map are more
restrictive than those set forth herein, then the more
restrictive standards shall apply.
1. Single Family Detached.
NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOP-
WATERS WATERS MENT
WATERS
a) Unsewered Areas:
Lot area (sq. ft. ) 80,000 40,000 20, 000
Water frontage and
lot width at
building line (ft) 200 150 100
Structure setback
from Ordinary High
Water Mark (ft. ) 200 100 75
Maximum lot area
covered by impervious
surface (%) 30 30 30
Sewage System setback
from Ordinary High
Water Mark (ft. ) 150 75 50
5
b) Sewered Areas: All provisions for unsewered areas shall apply
to sewered areas except for the following, which shall
supersede the provisions applied to unsewered areas:
Lot area (sq. ft. )
* waterfront lots 20,000 20,000 11,250
* other lots 10,800 10,800 10,800
Waterfront frontage
and lot width at
building line (ft. ) 75 75 75
Structure setback
from Ordinary High
Water Mark (ft. ) 150 75 50
2 . Multi Family Attached Commercial and PUD.
NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT D E V E L -
WATERS WATERS OPMENT
WATERS
a) Sewered Areas•
Lot Area (sq. ft. ) Per City Per City Per City
Code Code Code
Water frontage and Per City Per City Per City
lot width at Code Code Code
building line (ft. )
Structure Setback 100 100 75
from Ordinary High
Water Mark (ft. )
b) Substandard Lots:
Lots of record in the office of the County Register of
Deeds (or Registrar of Titles) prior to September 12 ,
1983 (date of enactment of Ordinance) which do not meet
the requirements of Section III, (A) may be allowed as
building sites provided:
i. Such use is permitted in the Zoning District;
ii. The lot is in separate ownership from abutting
lands; and
All other sanitary and dimensional requirements of
this shoreland ordinance are complied with insofar
as practical.
6
c) Roads and Parking Areas:
Roads and parking areas shall be located to retard the
runoff of surface waters and nutrients in accordance with
the following criteria.
i. Where feasible and practical, all roads and parking
areas shall meet the setback requirements
established for structures in Section III (A) of
this Ordinance.
ii. In no instance shall these impervious surfaces be
placed less than 50 feet from the ordinary high
water mark.
iii. Natural vegetation or other natural materials shall
be used to screen parking areas when viewed from
the water.
d) Elevation of Lowest Floor.
i. Structures shall be placed at an elevation
consistent with the City's flood plain management
controls.
e) Exceptions to Structure Setback Requirements.
i. Setback requirements from the ordinary high water
mark shall not apply to boathouses, piers, and
docks. Location of piers and docks shall be
controlled by applicable state and local
regulations. Boathouses may be allowed as a
conditional use provided they are not used for
habitation and do not contain sanitary facilities.
ii. On undeveloped shoreland lots that have two (2)
adjacent lots with existing principal structures
on both such adjacent lots, any new residential
structure may be set back the average setback of
the adjacent structures from the ordinary high
water mark or fifty (50) feet, whichever is
greater, provided all other provisions of the
shoreland overlay district are complied with.
f) Where the requirements of this shoreland overlay
district are inconsistent with the requirements of the
underlying zoning district the most restrictive
requirements shall apply.
Section 4. Shoreland Alterations.
A. The removal of natural vegetation shall be restricted to
prevent erosion into protected waters, to consume nutrients
in the soil, and to preserve shoreland aesthetics. Removal
7
of natural vegetation in the shoreland overlay district shall
be subject to the following provisions.
1. Selective removal of natural vegetation is allowed,
provided that sufficient vegetative cover remains to
screen cars, dwellings and other structures when
viewed from the water.
2. Clear cutting of natural vegetation is prohibited.
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.
B. Grading and filling in shoreland areas or any alteration of
the natural topography where the slope of the land is toward
a protected water or a watercourse leading to a protected
water must be authorized by a permit. The permit may be
granted subject to the conditions that:
1. The smallest amount of bare ground is exposed for as
short a time as feasible.
2 . Temporary ground cover, such as mulch, is used and
permanent ground cover, such as sod, is established.
3. Methods to prevent erosion and trap sediment are
employed.
4. Fill is stabilized to accepted engineering standards.
C. Excavations on shorelands where the intended purpose is
connection to a protected water shall require a permit from
the Zoning Administrator before construction is begun. Such
permit may be obtained only after the Commissioner of Natural
Resources has issued a permit to work in the beds of protected
waters.
D. Any work which will change or diminish the course, current or
cross-section of a protected water or wetland shall be
approved by the Commissioner of Natural Resources,and such
approval shall be construed to mean the issuance by the
Commissioner of Natural Resources of a permit under the
procedures of Minnesota Statutes, Section 105.42 and other
related statutes.
E. All developments in shoreland areas shall comply with the
requirements of the Rice Creek Watershed District for grading
and filling and stormwater management.
8
Section 5. Sewage Treatment.
Any premises intended for human occupancy shall be provided with
an adequate method of sewage treatment to be maintained in
accordance with acceptable practices and standards referenced in
Lino Lakes City Code, Section 403.
A. All existing sewage treatment systems inconsistent with the
standards referenced in Lino Lakes City Code Section 403 shall
be brought into conformance or discontinued within five (5)
years from the date of enactment of this ordinance. Any
nonconforming sanitary facility found to be a public nuisance
shall be brought into conformity or discontinued within 30
days after receiving written notice from the Zoning
Administrator.
Section 6. Water Supply.
Public or private supplies of water for domestic purposes shall
conform to Minnesota Department of Health Standards for water
quality.
A. Public or municipal water supplies shall be used where
available and where feasible.
B. Permit. No person, firm, or corporation shall install, alter,
repair or extend any private well without first obtaining a
permit therefor from the Zoning Administrator for the City.
1. Application for permits shall be made in writing upon
printed blanks or forms furnished by the Zoning
Administrator and shall be signed by the applicant.
2. Each application for a permit shall include: a correct
legal description of the property on which the proposed
installation alteration, repair or extension is to take
place; a plan of the site of reasonable scale and
accuracy showing the location of any proposed or existing
buildings, sewage treatment facilities, property lines;
a complete plan of the water supply system showing the
location, size and design of al parts of the system to
be installed,altered, repaired or extended; the name of
the person, firm, or corporation who is to install the
system; any further information as required by the Zoning
Administrator.
C. Private wells shall be located in a manner to be free from
flooding and the top shall be so constructed and located as
to be above all possible sources of pollution. Wells already
existing in areas subject to flooding shall be flood-proofed.
D. No private well shall be located closer than three (3) feet
to the outside basement wall of a dwelling. The outside
basement footing shall be continuous across the opening of the
9
well alcove. No well shall be located closer than fifteen
(15) feet to a property line.
E. Private wells shall be located in accordance with the
standards of the Minnesota Health Department standards NHD 217
"Location of Wells", (c) (1) .
Section 7. Notification Procedures.
A. A copy of the notice of a public hearing to consider a
variance to the provisions of the Shoreland Overlay District
or a conditional use in the Shoreland Overlay District shall
be sent to the Commissioner of Natural Resources such that the
notice is received by the Commissioner at least ten (10) days
prior to such hearings.
B. A copy of all amendments to this ordinance and final decisions
granting variances or conditional uses with the Shoreland
Overlay District shall be sent to the Commissioner of Natural
Resources within ten (10) days of the amendment or final
action.
Section 8. Effective Date.
This ordinance shall take effect thirty (30) days following a
publication as required by City Charter.
Passed this 12th day of September, 1983 .
Isl Benjamin G. Benson
Benjamin G. Benson, Mayor
Attest:
/s/ Edna L. Sarner
Edna L. Sarner, Clerk
10
FLOOD PLAIN DISTRICT O/g�
CITY OF LINO LAKES, MINNESOTA
1.0 ESTABLISERiENT OF FLOOD PLAIN DISTRICT
1.1 The flood hazard areas of Lino Lakes, Minnesota, are subject to
periodic inundation which results in potential loss of life, loss
of property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expeditures for
flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general
welfare.
1.2 The Flood Insurance Study for th City of Lino Lakes pre ared
by the Federal Emergency Manageme t Agency dated
� ,
and the Flood Insurance Rate Maps therein are hereby adopted by
reference and shall be attached to the Official Zoning Map. The
Official Zoning Map shall be on file in the Office of the Lino
Lakes City Clerk-Treasurer and the Building Inspector/ZoningCCr1f,AC
1.3 The Flood Plain District shall include all areas designated on the
Flood Insurance Rate Maps for the City of Lino Lakes as being
within the boundaries of the 100 year (regional) flood.
2.0 DEFINITIONS
Unless specifically defined below, words or phrases used in 6-is
section 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.
2.1 Equal Degree of Encroachment - a method of determining the location
of flood plain boundaries so that flood plain lands on both sides
of a stream are capable of conveying a proportionate share of flood
f 1 ows.
2.2 Flood - a temporary increase in the flow or stage of a stream or
in the stage of a lake that results in the inundation of normally
dry areas.
2.3 Flood Plain - the areas adjoining a watercourse which have been or
• hereafter may be covered by the regional flood,
2.4 Flood-Proofing - a combination of structural provisions, changes,
or adjustments to properties and structures subject to flooding,
i
primarily for the reduction or elimination of flood damages.
2.5 Regional Flood - a flood which is representative of large floods
known to have occurred generally in Minnesota and reasonably char-
acteristic of what can be expedted to occur on an average frequency
in the magnitude of the 100-year recurrence interval. Regional
�..� flood is synonymous with the term "base flood" used in the Flood
Insurance Study.
2.6 Regulatory Flood Protection Elevation. The Regulatory Flood Pro-
tection Elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the flood plain.
3.0 FLOOD PLAIN DISTRICT USES
3.1 Permitted Uses. The following uses have a low flood damage pot-
ential and do not obstruct flood flows. These uses shall be per-
mitted within the Flood Plain District to the extent that they are
not prohibited by any other ordinance and provided they do not re-
quire structures, fill, or storage of materials or equipment. In
addition, no use shall adversely affect the capacity of the Ehannels
or flood plains or any tributary to the main stream or of any drain-
age ditch, or any other drainage facility or system.
3.11 Agricultural uses such as general farming, pasture, graz-
ing, outdoor plat nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
3.12 Industrial-Commercial uses such as loading areas, parking
areas, and airport landing strips.
3.13 Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and
nature preserves, game farms fish hatcheries, shooting pre-
serves, target ranges, trap and skeet ranges, hunting and
fishing areas, and single or multiple purpose recreational
trails.
3.14 Residential uses such as lawns, gardens, parking areas, and
play areas.
3.2 Conditional Uses. The following uses and structures may be permitted
in the Flood Plain District only after the issuance of a Conditional
Use Permit as provided in Section ( .l of this Ordinance. These
uses and structures are also subject to the provisions of Section
'', n , which applies to all Flood Plain District Conditional
Uses.
3 M Principal residential, commercial, and industrial structures.
3.22 Accessory structures.
3.23 Placement of fill.
3.24 Railroads, streets, bridges, utility transmission lines,
and pipelines.
3.25 Extraction of sand, gravel, and other materials.
3.26 Marinas, boat rentals, and water control structures.
3.27 Storage yards for equipment, machinery, or materials.
3.3 Prohibited Uses. All other uses or structures not listed as permitted
or conditional uses in the Flood Plain District shall be prohibited.
Specifically, mobile homes are prohibited in the Flood Plain District.
3.4 Non-Conforming Uses. A structure or theuse of a structure or premises
which was lawful before the passage or amendment of the Section but
which is not in conformity with the provisions of this Section may
be continued subject to the following conditions:
3.41 No such use shall be expanded, changed, enlarged, or altered
in a way which increases its nonconformity.
3.42 No structural alteration or addition to any nonconforming
structure over the life of the structure shall exceed 50
percent of its assessed value at the time of its becoming
a nonconforming use, unless the entire structure is perman-
ently changed to a conforming use or unless the alteration
or addition would substantially reduce potential flood
damages for the entire structure.
3.43 Any alteration or addition to a nonconforming use which would
result in substantially increasing the flood damage potential
of that use shall be accomplished in accordance with Section
4.0.
3.44 If any nonconforming use is discontinued for twelve (12)
consecutive months, any future use of the building premises
shall conform to this Ordinance. The assessor shall notify
,....4 the Zoning Administrator in writing of instances of non-
conforming uses which have been discontinued for a period
_ J_ . of twelve (12) months.
4.0 STANDARDS FOR FLOOD PLAIN DISTRICT USES
4.1 All Uses. No structure (temporary or permanent), fill (including
fill for roads and levees) , deposit, obstruction, storage of mat-
erials, or equipment, or other uses may be allowed as a Conditional
Use which, acting alone or in combination with existing or reason-
ably anticipated future uses, adversely affects the capacity of
the flood plain or increases flood heights subject to the provis-
ions of Section 6.3. In addition, all Conditional Uses shall be
subject to the standards contained in Section 6.5 and the follow-
ing standards (Sections 4.2 and 4.8) .
4.2 Principal and Accessory Structures. Residences and other struct-
ures shall be constructed on fill so hat- the basempnr floor o
first floor, if there is no basement, is at or above the Regulatory
Flood Protection Elevation_ The finished fill elevation shall be
no lower than one (1) foot below the Regulatory Flood Protection
Elevation and shall extend at such elevation at least fifteen (15)
feet beyond the limits of any structure or building erected thereon.
Fill shall be compacted and the slopes shall be protected by riprap
or vegetative covering. Residences that do not have vehicular
access at or above an elevation not more than two feet below the
Regulatory Flood Protection Elevation shall not be permitted unless
granted a variance by the (-,I;y C1_\JQr'o In granting a
variance the CiTy CouNc ,L shall specify. limitations on
the period of use or occupancy of the residence.
4.3 Commercial Uses. Accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the
Regulatory Flood Protection Elevation. However, a permit for such
facilities to be used by the employees or the general public shall
not be granted in the absence of a flood warning system that pro- \..�
vides adequate time for evacuation if the area would inundate to
a depth greater than two (2) feet or be subject to flood veloc-
ities greater than four (4) feet per second upon occurrence of
the regional flood.
4.4 Manufacturing and Industrial Uses. Measures shall be taken to
minimize interference with normal plant operations especially
along streams having protracted flood durations. Certain accessory
land uses such as yards and parking lots may be at lower elevations
subject to requirements set out in Section 4.3 above. In consider-
ing permit applications, due consideration shall be given to needs
of an industry whose business requires that it be located in flood
plain areas.
4.5 Fill. Any fill deposited in the Flood Plain District shall be no
more than the minimum amount necessary to conduct a Conditional
Use listed in Section 3.2. The effects of any fill on the stage
of the regional flood shall be analyzed as required by Section
6.3. Fill shall be protected from erosion by vegetative cover.
4.6 Storage of Materials and Equipment.
4.61 The storage or processing of materials that are, in time
of flooding, flammable, explosive, or potentially injur-
ious to human, animal, or plant life is prohibited.
4.62 Storage of other materials or equipment may be allowed
if readily removable from the area within the time avail-
able after a flood warning.
4.7 Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the
flood plain shall be flood-proofed in accordance with the State
Building Code or elevated to above the Regulatory Flood Protection
Elevation.
4.8 Public Transportation Facilities. Railroad tracks, roads, bridges
to be located within the Flood Plain District shall comply with
Section 4.1. Elevation to the Regulatory Flood Protection Elevat-
ion shall be provided where failure or interruption of these tran-
sportation facilities would result in danger to the public health
or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads
may be constructed at a lower elevation where failure or interrupt-
ion of transportation services would not endanger the public health
or safety.
5.0 SUBDIVISIONS IN THE FLOOD PLAIN DISTRICT
No land shall be subdivided which is held unsuitable by the City of Lino
Lakes for reason of flooding, inadequate drainage, water supply or sewage
treatment facilities. All lots within the Flood Plain District shall
contain a building site at or above the Regulatory Flood Protection
Elevation . All subdivisions shall have rater and sewage
disposal facilites that comply with the provisions of this
Ordinance and have road access both to the subdivision and
to the individual building sites no lower than two (2) feet
below the Regulatory Flood Protection Elevation .
6. 0 ADMINISTRATION
6 . 1 Interpretation of Flood Plain District Boundaries . The
boundaries of the Flood Plain District shall be deter-
mined by scaling distances on the Official Zoning Map .
Where interpretation is needed as to the exact location
of the boundaries of the district as shown on the Officia=
Zoning Map , as for example where there appears to be a
conflict between a mapped boundary and actual field
conditions , the Zoning Official shall make the necessary
interpretation based on the elevations on the regional
(100-year) flood profile and other available technical
data . Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to
present their case to the Board and to submit technical
evidence . Where data or the elevation of the regional
flood are availabe , the provisions of Section 6 . 3 shall
be applied .
6. 2 Duties of the Zoning Official .
6 . 21 State and Federal Permits . Prior to processing
an application for a Conditional Use Permit or
Variance , the Zoning Official shall determine
that the applicant has obtained all necessary
Stye and Federal Permits .
6 . 22 Record of First Floor Elevation . The Zoning
Administrator shall maintain a record of the
elevation of the first floor (including Basement)
of all new structures or additions to existing
structures in the flood plain district . He shall
also maintain a record of the elevations to which
structures or additions to structures are flood-
proofed .
6 . 3 Procedure for Determining Flood Hazards and the
Regulatory Flood Protection Elevation when Data on the
Regional Flood are not contained in the Flood Insurance
Study for the City of Lino Lakes , dated 11/17/81 . Upon
receipt of an application for a Conditional Use Permit
for a use within the Flood Plan District where the
Regulatory Flood Protection Elevation is unknown , the
applicant shall be required to furnish such of the follow-
ing information as is deemed necessary by the Zoning
Official for the determination of the Regulatory Flood
Protection Elevation .
r� 6 . 31 A typical cross-section showing the channel of
the stream , elevation of land areas adjoining
each side of the channel , corss -sectional areas
to be occupied by the proposed development , and
high water information .
6 . 32 Plan (surface view) showing elevations or contou,,,..._
of the ground ; pertinent structure , fill , or
storage elevations ; size , location , and spatial
arrangement of all proposed and existing structure
on the site ; location and elevation of streets ;
photographs showing existing land uses and
vegetation upstream and downstream; and soil type .
6 . 33 Profile showing the slope of the bottom of the
channel or flow line of the stream for at least
500 feet in either direction from the proposed
development .
6 . 34 One copy of the above information shall be trans -
mitted to a designated engineer or other expert
person or agency for technical assistance in
determining whether the proposed use adversely
affects the capacity of the flood plain and to
determine the Regulatory Flood Protection Elevatio
Procedures consistent with Minnesota Regulations
NR 86-87 shall be followed in this expert evlua-
tion . The designated engineer or expert shall :
(a) Estimate the peak discharge of the regional
flood .
(b) Calculate the water surface profile of the
regional flood based upon a hydraulic
analysis of the stream channel and overbaDh'
areas .
(c) Compute the area necessary to convey the
regional flood without increasing flood
stages more than 0 . 5 feet . An equal degree
of encroachment on both sides of the stream
within the reach shall be assumed in com-
puting floodway boundaries,
6 . 35 Based upon the technical evaluation of the de-
signated engineer or expert , the City Council
shall determine whether the proposed use adversely
affects the flood plain capacity and the Regulatot
Flood Protection Elevation at the site .
6 . 4 Procedures to be Followed by the Zoning Official in
Passing on Conditional Use Permit Applications Within
the Flood Plain District .
6 . 41 Require the applicant to furnish such of the
following information and additional information
as deemed necessary by the Zoning Official for
determining the suitability of the particular
site for the proposed use :
(a) Plans in triplicate drawn to scale showing �
the nature , location , di;nensions , and
elevation of the lot , existing or propose
structures , fill , storage of materials ,
flood-proofing measures , and the relation-
ship of the above to the location of the
stream channel .
(b) Specifications for building construction and
materials , filling , dredging , grading , channc
improvement , storage of materials , water
supply and sanitary facilities .
(c) The applicant shall be required to submit
certification by a registered professional
engineer, registered architect , or registered
land surveyor that the finished fill and
building elevations were accomplished in
compliance with the provisions of this
ordinance. Flood-proofing measures shall be
certified by a registered professional
engineer or registered architect .
6 . 42 Transmit one copy of the information described
in subsection (1) to a designated engineer or
other expert person or agency for technical
assistance , where necessary , in evaluating the
proposed project in relation to flood heights
and velocities , the -seriousness of flood damage
to the use , the adequacy of the plans for pro-
tection, and other technical matters .
6.43 Based upon technical. evaluation of the designated engineer
or expert, the c-,.,,,x, "-Pe,AL shall determine the spec-
ific flood hazard at the site and evaluate the suitability
of the proposed use in relation to the flood hazard.
6.5 Factors Upon Which the Decision of the C+-`y 60U'Ict Shal.1
Be Based, In passing upon Conditional Use Applications, the
C%TY Coo-C-(t shall consider all relevant factors spec-
ified in other sections of this Ordinance, and
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
The danger that materials may be swept onto other lands or down-
stream to the injury of others.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contaminations, and unsanit-
ary conditions.
The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility
to the community.
The requirements of the facility for a waterfront location.
The availability of alternative locations not subject to flood-
ing for the proposed use.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and
flood plain management program for the area.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the. site.
Such Ether factors which are relevant to the purposes of this
Ordinance.
c:�ty Cc��c�t
6.6 Variances. The ' A , - Tray authorize upon appeal in specific cases
such variance from the t6rms of this Ordinance as will not be con-
trary to the public interest, where,owing to special conditions,
literal enforcement of the provisions of the ordinance will result
in unnecessary hardship so that the spirit of the Ordinance shall be
observed and substantial justice done. No Variance shall have the
effect of allowing in any district uses prohibited. in that district,
permit a lower degree of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or permit standards
lower than those required by State law.
�t
6.7 Notification of any Public Hearing to consider a Conditional Use
permit or Variance to the provisions of the Flood Plain District
shall be sent to the Department of Natural Resources such that
the DNR receives at least ten (10) days notice of such hearings.
Notification shall also be sent to the DNR of any final action
granting a Conditional Use permit or Variance to the provisions
of the Flood Plain District with ten (10) days of such final act-
ion.
6.8 Amendments to the Flood Plain District. The flood plain designation
on the Official Zoning Map shall not be removed from flood plain
area unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the
regional flood and is contiguous to lands outside the flood plain.
Special exceptions to this rule may be permitted by the Commiss-
ioner of Natural Resources if he determines that, through other
measures, lands are adequately protected for the intended use.
All amendments to this ordinance including amendments to the Off-
icial Zoning Map must be submitted to and approved by the Commiss-
ioner of Natural Resources prior to adoption. Changes in the
Official Zoning Map also require prior approval by the Federal
Emergency Management Agency.
r"\
r�
Council Member Kuether introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLIITION NO. 92 - 85
POLICY FOR THE LOCATION OF NEW DEVELOPMENT
WHEREAS, the City has made a substantial investment in utility
and street systems, and
WHEREAS, there is a commitment to the Bond holders for the
financing of the existing utility and street systems to prioritize
revenues from connections to the existing system, and
WHEREAS, the City has limited planned sewer capacity as
managed by the Metropolitan Waste Control Commission (MWCC) and the
Metropolitan Council, and
WHEREAS, the City has limited resources in providing services
relative to population growth including administration,
engineering, public works, police, fire and parks, and
WHEREAS, the City is limited by the City Charter in the
financing of City Improvements, and
WHEREAS, there are limitations to the availability of
Municipal State Aid Funds to construct collector streets, and
WHEREAS, the extension of utilities beyond the limits of the
present system has a significant financial impact on debt borrowing
ratios and is more costly than filling in areas already served from
an initial cost standpoint as well as operation and maintenance
costs over future years, and
WHEREAS, in response to the requirements of the City Charter
the financing of improvements involves a delicate balance of
development effectiveness in comparison to the costs of extending
utilities and constructing new streets, and
WHEREAS, comprehensive studies and the annual audit have shown
and continue to show that the costs of operating the sewer and
water system are difficult to balance with the revenue collected
from the rate system even though City sewer and water rates are
high relative to other Metropolitan Area Cities,
Resolution No. 92 - 85
Page -2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, ANOKA COUNTY, MINNESOTA:
That all new developments must be located within the Municipal
Urban Services Area (MUSA) as established by the City's
Comprehensive Plan, and
That all new developments must be analyzed for their impact on
utility and street system costs both from the initial cost
standpoint and operation and maintenance, and
That a new development shall be allowed to proceed only if the
developer can demonstrate:
a) . That the cost of utility and street extensions can be
covered by immediate assessment and,
b) . That the cost of operation and maintenance of the system
will not exceed the normal costs as projected by the
water and sewer rate study.
U
c) . That an upfront payment or series of payments by the
developer would offset any additional costs of
installation and/or future operation and maintenance.
Adopted by the City Council this 13th day of July, 1992.
Vernon F. Reinert, Mayor
a ily G. Anderson, Clerk-Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being
taken thereon, the following voted in favor thereof: Neal, Kuether,
Reinert, Elliott, Bergeson.
The following voted against same: none.
Whereupon said resolution was declared passed and adopted.
CITY OF LINO LAKES, MINNESOTA
Subdivision Application - Check List
A checklist of background information and submission requirements for the
processing of plats is provided below. The intent of this form is to furnish
you with a clear understanding and detailed indication of the materials and
documentation which is necessary for the review of your request. Should
there be an item which is not included in the submission of the application,
a detailed, written explanation should be made outlining the reasons for the
omission.
The City Staff will also utilize the checklist in the review of information
which you submit. If an item is not included or if an explanation not
provided as to why information has not been furnished, the application will
be considered incomplete and possibly will not be accepted.
Please read all applicable ordinances and the attached checklist thoroughly.
I. GENERAL REQUIREMENTS
1. Review the following ordinances and documents with respect to
land planning and development:
r�
a. Appendix B1 - Zoning of the Lino Lakes City Code
b. Appendix H - Shoreland Management of the Lino Lakes City Code
c. 1001. Subdivision and Platting of the Lino Lakes City Code
d. Comprehensive Land Use Plan
e. Surface Water Management Plan
f. Flood Plain Ordinance
g. Comprehensive Park Plan & Development Guide
2. Meet with City Planner/Staff to discuss proposal.
3. File application for subdivision concurrently with submission
requirements as set forth below. Escrow amounts for sketch plan
review and/or preliminary plan review will be determined by
staff.
II. SKETCH PLAN CHECKLIST
Compliance Submittal Requirements
Yes No
1. Five (5) copies of exhibits, analysis and plans which
contain at least the following information:
a. Plat Boundary
b. North arrow
c. Scale
d. Street layout on and adjacent to plat
e. Designation of existing and proposed land use and
current or proposed zoning
f. Significant topographical or physical features
g. General lot locations and layout
Subdivision Application-Check List
Development
III. PRELIMINARY PLAT CHECKLIST
Compliance Submittal Requirement
Yes No
1. Application fee per Subdivision Ordinance and escrow
deposit as determined by City Engineer.
2. Five (5) copies of the preliminary plat and one (1)
8 1/2 x 11 reproducible and a list of
property owners within 350 feet of the subject
property obtained from and certified by Anoka County.
The preliminary plat shall contain the following
information, prepared as follows:
a. Proposed name of subdivision; names shall not
duplicate or too closely resemble names of
of existing subdivisions within the city or
county.
b. Location of boundary lines in relation to a known
section, quarter section or quarter-quarter
section line comprising a legal description of
the property.
c. Names and addresses of all persons having
property interest, the developer, designer, and
surveyor together with his registration number.
d. Graphic scale of plat, not less than one (1) inch
to one hundred (100) ft.
e. Date and north arrow.
f. Boundary survey and total acreage of proposed
plat, clearly indicated.
g. Existing zoning classifications for land within
and abutting the subdivision.
h. Location, widths and names of all: existing or
previously platted streets or other public ways,
showing type; width and condition of improvements
if any, railroad and utility rights-of-way; parks
and other public open spaces; permanent buildings
and structures; easements and section and
corporate lines; within the tract and to a
distance of 100 feet beyond the tract.
i. Location and size of existing sewers, water
mains, culverts or other underground facilities
within the tract and to a distance of one hundred
(100) feet beyond the tract. Such data as
grades, invert elevations, and locations of catch
basins, manholes and hydrants shall also be
shown.
j. Boundary lines of adjoining unsubdivided or
subdivided land, within one hundred (100)
feet, identified by name and ownership, including
all contiguous land owned or controlled by the ,,
subdivider.
2
Subdivision Application-Check List
Development
Compliance
Yes No
k. Topographic data, at time of survey, including
contours at vertical intervals of not more than
two (2) feet. Water courses, wetlands, rock
outcrops, power transmission poles and lines, and
other significant features shall also be know.
1. Proposed grading plans showing the proposed
contours of the finished grading which shall
occur prior to the installation of utilities with
the legend clearly shown.
m. Proposed plan for surface water disposal,
ponding, drainage and flood control.
n. In plats where public sewer is not
available, the subdivider shall file a report
prepared by a registered civil engineer or
certified soil tester on the feasibility of
individual on-site sewer and water systems on
each lot, and shall include soils boring analysis
and percolation tests to verify conclusions.
o. Layouts of proposed streets showing the right-of-
way widths, centerline gradients, typical cross
sections, and proposed names of streets in
conformance with City and County street
identification policies. The name of any street
heretofore used in the City or its environs shall
not be used unless the proposed street is a
logical extension of an already named street, in
which event the same name shall be used.
p. Locations and widths of proposed alleys and
pedestrian ways.
q. Location, dimension and purpose of all easements.
r. Locations of proposed sewer lines and water
mains.
s. Layout, numbers, lot areas, and preliminary
dimensions of lots and blocks.
t. Table of lots and block indicating 1) square
footage, 2) width at setback, 3) depth.
u. Minimum front and side street building setback
lines.
v. When lots are located on a curve, the width
of the lot at the building setback line.
w. Water Supply. Water mains shall be provided
to serve the subdivision by extension of an
existing community system whenever feasible.
Service connections shall be stubbed into the
property line and all necessary fire hydrants
shall also be provided. Extensions of the public
water supply system shall be designed so as to
provide public water in accordance with the
standards of the City of Lino Lakes. In areas
where public water supply is not available,
3
Subdivision Application-Check List
Development
Compliance
Yes No
individual wells shall be provided on each lot
properly placed in relationship to the individual
sewage disposal facilities on the same and
adjoining lots. Well plans must comply with the
Minnesota State Well Code, as may be amended, and
be submitted for City approval.
x. Sewage Disposal, Public. Sanitary sewer mains
and service connections shall be installed in
accordance with the standards of the City of Lino
Lakes.
y. Sewage Disposal, Private. All on-site septic
systems shall be installed in accordance with
all applicable State Pollution Control Agency
regulations and City ordinances.
z. Areas, other than streets, alleys, pedestrian
ways and utility easements, intended to be
dedicated or reserved for public use, including
size of such area or areas in acres.
4
Subdivision Application-Check List
Development
r-�
Compliance
Yes No
3. Any or all of the supplementary information
requirements set forth in this subdivision shall be
submitted when deemed necessary by the City staff,
consultants, advisory bodies and/or the City Council:
a. Proposed protective covenants.
b. An accurate soil survey of the subdivision
prepared by a qualified person.
c. A survey prepared by a qualified person identify-
ing tree coverage in the proposed subdivision in
terms of type, weakness, maturity, potential
hazard, infestation, vigor, density, and spacing.
Locate all trees with a diameter of 6" or
d. A vegetation preservation and protection plan
that shows those trees proposed to be removed,
those to remain, the types and locations of trees
and other vegetation that are to be planted.
greater.
e. Statement of the proposed use of lots stating
type of buildings with number of proposed
dwelling units or type of business or industry,
so as to reveal the effect of the development on
traffic, fire hazards, and congestion of
population.
f. If any zoning changes are contemplated, the
proposed zoning plan for the areas, including
dimensions, shall be shown. Such proposed
zoning plan shall be for information only and
shall not vest any rights in the applicant.
g. A title opinion of the subject property.
h. Provision for groundwater management including
subsurface drains, disposal, ponding, and
flood control.
i. Where the subdivider owns property adjacent
to, that which is being proposed for the
subdivision, it shall be required that the
subdivider submit a sketch plan of the remainder
of the property so as to show the possible
relationship between the proposed subdivision
and the future subdivision. In any event, all
subdivisions shall be required to relate well
with existing or potential adjacent subdivisions.
j . Where structures are to be placed on large or
excessively deep lots which are subject to
potential replatting, the preliminary plat
shall indicate a logical way in which the lots
could possibly be resubdivided in the future.
k. A plan for soil erosion and sediment control both
during construction and after development has
been completed. The plan shall include gradients
of waterways, design of velocity and erosion
5
Subdivision Application-Check List
Development
Compliance
Yes No
control measures, design of sediment control
measures, and landscaping of the erosion and
sediment control system.
1. When the City has agreed to install improvements
in a development, the developer shall furnish the
City a Financial Statement satisfactory to the
City. When the City has not undertaken to
install improvements, the City may, at their
option, require the developer to furnish a
Financial Statement satisfactory to the City.
m. Pre-construction meeting between engineer/
developer/contractor.
n. Neighborhood meeting prior to grading and
installation of utilities
(City/Developer/Neighborhood)
6
Subdivision Application-Check List
Development
IV. PREPARATION OF DEVELOPMENT CONTRACT
Compliance
Yes No
1. A letter from the developer stating his
preference for method of installation of
improvements:
a. DEVELOPER & CITY INSTALLED IMPROVEMENTS
b. CITY INSTALLED IMPROVEMENTS
2. The engineer shall have a Development
Financial Requirement Worksheet prepared and
attached to the Development Agreement.
3. The developer will meet with the City Staff
to finalize the terms of the Development
Contract.
4. Upon Finalization of the Development Contract
the City Clerk shall have the Final Copy of the
Contract signed by all appropriate parties.
5. Financial guarantees shall be posted with the
City as outlined in the Development Contract.
r..,, 6. Final Grading Plan shall be approved by the
City Engineer and made a part of Developer's
Agreement - NO GRADING UNTIL PLAN RECEIVED.
7
Subdivision Application-Check List
Development
V. FINAL PLAT CHECKLIST
Compliance
Yes No
1. The final plat, prepared for recording purposes,
shall be prepared in accordance with provisions
of Minnesota State Statutes and Anoka County
regulations, and contain the following
information, prepared as follows:
a. Name of the subdivision, which shall not
duplicate or too closely approximate the
name of any existing subdivision.
b. Location by section, township, range, county
and state, and including descriptive
boundaries of the subdivision, based on an
accurate traverse, giving angular and linear
dimensions which must mathematically close.
The allowable error closure or any portion
of a final plat shall be one(1) foot in
seventy-five hundred (7,500) .
c. The location of monuments shall be shown
and described on the final plat. Location
of such monuments shall be shown in
reference to existing official monuments on
the nearest established street lines,
including true angles and distances to such
reference points or monuments.
d. Location of lots, streets, public highways,
alleys, parks and other features, with
accurate dimensions in feet and decimals of
feet, with the length of radii and/or arcs
of all curves, and with all other
information necessary to reproduce the plat
on the ground shall be shown. Dimensions
shall be shown from all angle points of
curve to lot lines.
e. Lots shall be numbered clearly. Blocks are
to be numbered, with numbers shown clearly
in the center of the block.
f. The exact locations, widths, and names of
all streets to be dedicated.
g. Location and width of all easements to be
dedicated.
h. Name and address of surveyor making the
plat.
i. Scale of plat (the scale to be shown
graphically on a bar scale) , date and north
arrow.
j . Statement dedicating all easements as
follows: Easements for installation and
maintenance of utilities and drainage are �..i
8
Subdivision Application-Check List
Development
Compliance
Yes No
reserved over, under and along the strips
marked "utility easements".
k. Statement dedicating all streets, alleys and
other public areas not previously dedicated
as follows: Streets, alleys and other
public areas shown on this plat and not
heretofore dedicated to public use are
hereby so dedicated.
1. The address map shall be prepared in
accordance with City and County policy and
shall include all addresses of lots as
platted.
m. Certification by registered surveyor in the
form required by Section 505.03, Minnesota
Statutes, as amended.
n. Execution of all owners of any interest in
the land any holders of a mortgage thereon
of the certificates required by Section
505.03, Minnesota Statutes, as amended, and
which certificate shall include a dedication
of the utility easements and other public
^� areas in such form as approved by the City
Council.
o. Title Commitment reviewed and approved by
City Attorney.
p. 8 1/2 x 11 copy of Final Plat.
q. Permits on file from following agencies:
DNR
RCWD or VLAWMO
Corp. of Engineers
MPCA (Storm water discharge permit
Other
RU:molds
9
1000 Land Use
1001. Subdivision and Platting
1001. 01 Purpose and Jurisdiction. The council being aware of
the responsibility which they have for the adoption of ordinances,
rules and regulations designed for the protection of health, safety
and general welfare of this community, deem it necessary to provide
regulations for platting and subdividing of property within the
city which will prevent, as far as possible, the uses of land which
are not feasible, the location of streets where such location does
not fit the overall pattern of the city, the general design of the
proposed building lots in any platted area which might prevent
compliance with the building code, zoning ordinance or other
regulations of the city in the future, and to make all subdivisions
of property conform as nearly as possible with a future overall
plan, does hereby order that all subdivisions hereafter planned
within the limits of the city shall, in all respects, fully comply
with the regulations hereinafter set forth.
1001. 02 Definitions. For the purpose of this chapter,
certain words and terms are hereby defined as follows:
(1) Alley is the public right-of-way affords a
secondary means of access to abutting property.
(2) Boundary Lines - are lines indicating the bounds
or limits of any tract or parcel of land.
(3) Building Line - also referred to as setback line
means the line beyond which property owners or
others have no legal or vested right to extend a
building or any part thereof without special
permission and approval of the proper
authorities.
(4) Contour Map - a map on which irregularities of
land surface are shown by lines connecting points
of equal elevations. Contour interval is the
vertical height between contour lines.
(5) Corner Lots - is the lot or lots within a plat
and situated at the corners thereof so that they
are bounded on two sides by streets. This term
applies to any lot within the plat at street
intersections and bounded on two sides by
streets.
(6) Design Standards are the specifications to
landowners or subdividers for the preparation of
preliminary plans indicating among other things
the optimum minimum or maximum dimensions of such
features as rights-of-ways and blocks, as set
forth in this chapter.
159
(7) Double Frontage Lots - are those which have a �../
front line abutting on one street and a back lot
or rear line abutting on another street.
(8) Easement - is a grant by a property owner for the
use of a strip of land by the general public, a
corporation, or a certain person or persons, for
a specific purpose or purposes.
(9) Final Plat - is a map or plan of a subdivision
and any accompanying material, as described in
Section 1001. 17 and 1001.18.
(10) Frontage - is the width of a lot or building site
measured on the line separating it from a public
street or way.
(11) High Water Level - is the water level in a
watercourse which could be predicted to occur
as a result of the critical 100-year runoff
event using U. S. Department of Agriculture
Soil Conservation Service methodology, as
approved by the City. (Amended by Ordinance
No. 18-90 passed December 10, 1990)
(12) Lot - is a portion of a subdivision or other
parcel of land intended for building development
or for transfer of ownership.
(13) Minor Subdivision - a subdivision which results
in four (4) or fewer parcels, tracts, or lots
from one (1) or two (2) existing parcels, tracts,
or lots. (Amended by Ordinance No. 04 - 90, passed
May 29, 1990)
(14) Normal Water Level - It is level of water in a
watercourse when the watercourse is not in the
process of receiving or discharging storm water
runoff. The normal water level will typically be
the outlet elevation of a pond, lake, or other
standing water body. (Amended by Ordinance No.
18-90 passed December 10, 1990)
(15) Out-Lots - when platting land, an outlot
designates a remnant lot that is to be replatted
into standard lots by a future plat.
(16) Owner - includes his duly authorized agent or
attorney in fact, a purchaser, devisee, fiduciary
and a person having a vested interest in the
property in question.
(17) Pedestrian and/or Bicycle Trail - is an' asement
or land dedication given to the city for the
purpose of providing walking and/or bicycling
160
areas to city residents. The trails shall
provide recreational opportunity and also access
to parks, natural areas, and public land in
accordance with the city's adopted trail plan.
(Amended by Ordinance No. 02 - 89, passed April
10, 1989)
(18) Preliminary Plan - is a tentative map or plan of
a proposed subdivision as set forth in Section
1001.04.
(19) Reserve Strips - are narrow strips of land
usually withheld from the street right-of-way to
form a barrier between certain property and the
public street or thoroughfare.
(20) Right-of-way - is the land covered by a public
road or other land dedicated for public use or
for certain private use such as land over which a
power line passes.
(21) Street - is a public or private right-of-way
which affords primary access by pedestrians and
vehicles to abutting properties, whether.
designated as a street, avenue, highway, road,
boulevard, lane or however otherwise designated.
(22) Street Width - is the shortest distance between
lines of lots delineating the street.
(23) Subdivision or Plat - is a parcel of land divided
into smaller parts such as blocks or lots, also
means a tract of land which is re-divided anew
after first division.
(24) Thoroughfare - is a public right-of-way with a
high degree of traffic continuity and serving as
an arterial traffic-way between the various
districts of the city.
(25) Topography - is the detailed description of the
features of a relatively small area, also the
relief features or surface configuration of an
area.
(26) Watercourses - as mentioned in this chapter shall
mean any natural or man-made passageway on the
surface of the earth so situated and having such
a topographical nature that surface water stands
or flows through it form other areas. The term
includes ponding areas, drainage channels, swales,
waterways, creeks, rivers, lakes, streams, wetland
areas, and any other open surface water f-ow which
is the result of storm water or ground water
discharge. This term does not include man-made
161
piping systems commonly referred to as storm
sewers. (Amended by Ordinance No. 18-90 passed on ,
December 10, 1990)
(27) Zoning - is the regulation by the city of the use
of land and buildings.
1001. 03 Conformance with Existing Codes and Regulation. The
provisions of this chapter are in addition to and not in
replacement of provisions of all building codes and the zoning
regulations. Any provision of the building code and zoning
regulations shall remain in full force and effect except as may be
contradictory to the provisions hereof.
1001.04 Sketch Plan.
Subdivision 1. General. Subdividers may prepare for
review with the Planning Commission a subdivision sketch plan.
Such sketch plan will be considered as submitted for informal
discussion between the subdivider and the Planning Commission. No
fee shall be required of the subdivider for the submission of such
sketch plan. Submission of a subdivision sketch plan shall not
constitute formal filing of the plat. On the basis of the sketch
plan, the Planning Commission will informally advise the subdivider
as promptly as possible of the extent to which the proposed
subdivisions conform to the design standards of this section and to
other sections of this code and will discuss possible modifications
necessary to secure approval of the plan.
Subd. 2. Required Sketch Plan Data. The subdivider
should furnish the Planning Commission with the following data:
(1) A rough sketch of the site showing its general
shape, adjacent roadways, and other significant
features in the immediate area.
(2) Type of development proposed including existing
and proposed zoning.
(3) Preliminary road or street layout and lot
arrangement indicating minimum proposed lot size.
1001. 05 Preliminary Plat. '
Subdivision 1. General. Before dividing any tract of
land into two or more lots or parcels, an owner or subdivider shall
submit fifteen (15) copies of a preliminary plat. The preliminary
plat or plan shall include the following data:
(1) Identification and Description.
(a) Proposed name of subdivision, wfNich name
shall not duplicate the name of any plat ,
theretofore recorded in the county.
162
(b) Location by section, town and range, or by
other legal description.
(c) Names and addresses of the owner, or
subdivider having control of the lands
included in said plan, the designer of the
plan and the surveyor.
(d) Graphic (engineering) scale not less than
one inch to one hundred feet.
(e) North-point (designated as true North) .
(f) Date of preparation.
(2) Existing Condition.
(a) Boundary line of proposed subdivision,
clearly indicated.
(b) Existing zoning classification.
(c) Total approximate acreage in said plan.
(d) Location, widths and names of all existing
or previously platted streets or other
public ways, showing types of improvement,
if any, railroad and utility rights-of-way,
parks and
other public open spaces, permanent
buildings and structures, easements and
section and corporate lines within the tract
and to a distance of one hundred feet (1001)
beyond the tract.
(e) Location and size of existing sewers,
watermains, culverts or other underground
facilities within the tract and to a
distance of one hundred feet (1001 ) beyond
the tract. Such data as grades, invert
elevations, and locations of catch basins,
manholes and hydrants.
(f) Boundary lines of adjoining unsubdivided or
subdivided land, within one hundred feet
(1001 ) of proposed plat.
(g) Topographic data, including contours at
vertical intervals of not more than two feet
(21 ) , except that contour lines shall be no
more than one hundred feet (1001 ) apart
horizontally. Water courses, marshes, rock
outcrops and other significant 'features
shall also be shown.
163
(h) Water elevations of adjoining lakes,
streams, wetlands, etc. , at the date of
survey and approximate high and low water
elevations.
(3) Subdivision Design Features.
(a) Layout of streets, showing right-or-way
widths, centerline street grades and
approximate radii of all curbs, proposed
contours within the entire plat, and names
of streets. The name of any street
heretofore used in the city or its environs
shall not be used, unless the proposed
street is an extension of an already named
street, in which event the name shall be
used. (Amended by Ordinance No. 04 - 90
passed May 29, 1990)
(b) Location and widths of utility easements.
(c) Indication of the proposed storm water
runoff through use of arrows or notes.
(d) Layout, numbers and typical dimensions of
lots to the nearest foot.
(e) Minimum front and side-street buildings
setback lines, indicating dimensions of
same.
(f) Areas, other than streets, and utility
easements, - intended to be dedicated or
reserved for public use, including the size
of such area or areas in acres.
(g) Proposed lot and block numbers.
(h) Soil absorption tests whereon site septic
systems are proposed and other soil
information as requested by the city and as
required by the code.
(i) Typical cross-section of street
improvements.
(j) Locations and widths of all pedestrian and
bicycle trails. (Amended by Ordinance No.
02-89 passed April 10, 1989)
1001.06 Fee to Accompany Preliminary Plat. When submitting
a preliminary plat for approval by the council, the owner or
developer shall be required to pay a fee, to the clerk-treasurer.
A minimum cash fee of $50. 00 shall be charged for a plat containing
164
less than 10 lots. For plats containing more than 10 lots an
additional charge of $5.00 per lot will be made.
1001. 07 Qualifications Governing Approval of Preliminary
Plat.
Subdivision 1. Recommendation. The planning commission
may recommend and the council may require such changes or revisions
as deemed necessary for the health, safety and general welfare and
convenience of the city. The approval of a preliminary plan by the
planning commission and the council is tentative only, involving
merely the general acceptability of the layout as submitted.
Subd. 2. Suitability. Before any preliminary plan is
approved by the council, the information furnished with said plan
must show conclusively that the area proposed to be subdivided is
drainable and that the land is of such nature as to make its
intended use practical and feasible. If these features are not
apparent, the owner shall be required to enter into an agreement
guaranteeing that all adverse conditions will be corrected and that
drainage will be accomplished in a satisfactory manner. The final
decision in this matter shall be made by the council acting upon
the advice and recommendation of its engineer or other authorized
representative.
1001.08 Subdivision Design Standards.
Subdivision 1. General Requirements.
(1) The Planning Commission and the council, in their
review of the preliminary plat, will consider the
requirements of the community, the best use of
the land being subdivided, the size and
arrangement of the proposed lots, open space
requirements, and necessary fire protection.
(2) The subdivision shall conform to the adopted
comprehensive plan, official maps, and the zoning
ordinance.
(3) The arrangement, character, extent, width and
location of all streets shall be considered in
their relation to existing and planned streets,
to reasonable circulation of traffic, to
topographic conditions, to water supply and
sewage disposal, to drainage of storm water, to
public convenience and safety, and in their
appropriate relation to the proposed use of the
land to be served by such streets. Wherever
possible and necessary, the arrangement of
streets in new subdivisions shall provide for the
continuation of existing streets in adjoining
areas. Where adjoining unsubdivided areas may be
subdivided, the arrangement of streets in a new
165
subdivision shall make provision for the proper
projection of streets into adjoining areas by
carrying the new streets to the boundaries of the
new subdivision at appropriate locations.
Subd. 2. Streets. Design Criteria for streets is
located in City Code Section 302. Street
Construction Standards, Section 302.03 .
(Amended by Ordinance No. 04 - 90 passed by the
Council on May 29, 1990)
Subd. 3 . Alleys. No alleys shall be allowed within the
city.
Subd. 4. Easements and Conveyances.
(1) Utilities. Easements at least 10 feet wide
centered on rear and other lot lines shall be
provided for utilities, where necessary. They
shall have continuity of alignment from block to
block and at the deflection points, an easement
for a pole line anchor shall be provided where
necessary.
(2) Drainage. Easements shall be provided along each
side of the centerline of any waterway or
drainage channel of a sufficient width to provide
proper maintenance and protection, and to provide
for storm water runoff and installation and
maintenance of drainage systems. Where
necessary, drainage easements corresponding with
lot lines shall be provided. Such easements for
drainage purposes shall not be less than 20 feet
in width. Underground storm sewers shall be
required to convey storm drainage from all points
of collection in the street surface to major open
drainage channels or natural waterways. Points
of collection shall be provided on curb and
gutter streets at appropriate intervals not
exceeding 2,000 feet. Rights-of-way for drainage
channels and natural waterways shall be of
appropriate width for proper maintenance.
(3) Pedestrian and Bicycle Trails. Easements and
dedications at least 15 feet wide shall be
provided for pedestrian and bicycle trails. The
locations will generally follow the
recommendations in the city's adopted trail plan.
Exact locations of the trails, however, can be
determined by the developer with review and
approval of the Park Board, Design Review Board
and City Council. (Amended by Ordinance No. 02-89 4
passed April 10, 1989)
166
Subd. 5. Blocks.
(1) Length. The maximum length of blocks shall be
1,500 feet and the minimum length 400 feet.
Blocks over 900 feet long may require
pedestrianways at least 10 feet wide at their
approximate center. The use of additional
pedestrianways to schools, parks, and other
destinations may be required.
(2) Arrangement. A block shall be so designed as to
provide two tiers of lots unless it adjoins a
railroad or an arterial where it may have a
single tier of lots.
Subd. 6. Lots.
(1) Location. All lots shall abut for their full
frontage on a publicly dedicated street.
(2) Size. The lot dimensions and areas shall comply
with the requirements specified in the zoning
chapter.
(3) Side lot lines. Side lot lines shall be
substantially at right angles to straight street
lines or radial to curved street lines.
(4) Watercourses. Watercourses shall be contained
within abutting lots. Watercourses shall be
protected by easement to the anticipated high
water level (as detemined by the City) . Lots
with easements protecting watercourses shall
have sufficient dimensions and area above the
normal water levels (as determined by the City)
to equal or exceed the minimums specified in
the zoning chapter for the district in which the
lots are located. In addition, the diminsions of
the easements protecting watercourses shall be no
more than 10 feet less than the minimium lot
dimensions required for the zoning district.
(Amended by Ordinance No. 18-90 passed December
10, 1990. )
(5) Grading for drainage. Lots shall be graded so as
to provide drainage away from building locations.
(6) Natural features. In the subdividing of any
land, every effort shall be made to preserve all
natural features, such as tree growth,
watercourses, wetlands, historic spots, or
similar conditions.
(7) Lot remnants. All remnants of lots below minimum
size remaining after subdividing of a larger
167
tract must be added to adjacent lots rather than
allowed to remain as unusable parcels.
(8) Double and reverse frontage lots. Double
frontage and reverse frontage lots shall not be
permitted except where lots back on an arterial
street. Such lots shall have an additional depth
of at least 10 feet in order to allow for
screening along the back lot line.
(9) Corner lots. The minimum lot width of a corner
lot shall be 25 feet greater than the required
minimum lot width for the district. (Amended by
Ordinance 21-87, passed December 14, 1987. )
(10) Pedestrian and bicycle trails. Grading of
pedestrian and bicycle trails shall be required.
Placement of base materials in accordance with
adopted City specifications shall be the
responsibility of the developer. The work and
materials will be in addition to the park
dedication requirements found in other sections
of this Ordinance. (Amended by Ordinance No. 02-
89, passed April 10, 1989)
Subd. 7. Drainage. The natural drainage shall be used
as far as is feasible for the storage and flow of runoff. The
design of a drainage system shall conform to any overall storm
water drainage plat for the area. The following requirements shall
also apply:
(1) Storm water drainage shall be discharged to
marshlands, swamps, retention basins, drainage
channels, natural waterways, or other treatment
facilities. Diversion of storm water to
marshlands or swamps shall be considered for
existing or planned surface drainage. Marshlands
and swamps used for storm water shall provide for
natural or artificial water level control.
(2) No existing ditch, stream, drain or drainage
channel shall be deepened, widened, rerouted or
filled without written permission from the city
and other governmental agencies. '
(3) Where drainage channels must be constructed to
augment the natural drainage system, such
channels, as well as the natural drainage ways,
may be planned a part of a recreational trail
system. Channels shall be designed to be
aesthetically compatible for recreational trail
use.
168
(4) The drainage system shall be constructed and
shall be operational as quickly as possible
during construction.
(5) The drainage and resulting grading plan shall be
designed such that lot elevations allow for
proposed basements to be four (4) feet above the
water table and two (2) feet above the design
flood levels of ponding areas. (Amended by
Ordinance No. 04 - 90, passed by the Council May
29, 1990)
Subd. 8. Soil Tests. The owner shall conduct and
provide the results of the soil tests to the city along with a
report from an engineer registered in the State of Minnesota that
the proposed subdivision has suitable soils to support the proposed
development and any necessary on-site sewer and water facilities.
Subd. 9. Street Names. New street names shall not
duplicate or be similar to existing street names so as to be
confusing. Existing street names shall bear the same name and be
projected wherever possible as designated by the council.
Subd. 10. Additional Right-of-Way. Where subdivision
abuts or contains an existing street of inadequate width,
additional width shall be provided to meet the required standards.
Subd. 11. Natural Features. In the subdividing of any
land, due regard shall be shown for all natural features such as
tree growth, water courses, historic sites, or similar conditions
which, if preserved, will add attractiveness and stability to the
proposed development.
Subd. 12. Lot Remnants. All remnants of lots below
minimum size left over after subdividing of a larger tract must be
added to adjacent lots rather than allow to remain as unusable
parcels. However, outlots may be used if there is reasonable
likelihood that future subdivisions of adjoining land will absorb
these outlots into standard lots.
1001.09 Preliminary Plan Approval. Approval of a preliminary
plan shall be null and void unless within ninety (90) days after
receiving the last required approval of the preliminary plan, there
shall be submitted to the clerk-treasurer a final plat or plats in
accordance with the conditions upon which such approval.was granted
by the council.
1001. 10 Final Plats. Within ninety (90) days from the time
that the preliminary plat is approved by the council, the developer
shall submit for approval a copy of the final plat which is to be
recorded. At the same time, four (4) prints of said plat shall be
furnished to the city.
1001. 11 Necessary Data for Final Plat.
169
Subdivision 1. General. A final plat shall show all
information as required by state and county laws.
Subd. 2 . Additional Information.
(1) Accurate angular and lineal dimensions for all
lines, angles, and curvatures used to describe
boundaries, streets, easements, areas to be
reserved for public use, and other important
features. Lot lines to show dimensions in feet
and hundredths.
(2) An identification system for all lots and blocks.
(3) True angles and distances to the nearest
established street lines or official monuments
(not less than two (2) ) , which shall be
accurately described in the plat.
(4) Municipal, township, county or section lines
accurately tied to the lines of the subdivision
by distances and angles.
(5) Radii, internal angles, points and curvatures,,
and lengths of all areas.
(6) Accurate location of all monuments. Pipes or
steel rods shall be placed at the corners of each
lot and at each intersection of street
centerlines.
(7) Accurate outlines, legal descriptions of any
areas to be dedicated or reserved for public use,
or for the exclusive use of property owners
within the subdivision with the purposes
indicated therein.
(8) Certification by a registered land surveyor, to
the effect that the plat represents a survey made
by him and that monuments and markers shown
thereon exist as located and that all dimensional
and geodetic details are correct.
(9) Notarized certification by owner, and by any
mortgage holder of record, of the adoption of the
plat and the dedication of streets and other
public areas.
(10) Approval by signature of city and county
officials concerned with the approval of the
plat.
(11) Form for approval of the council as follows:
Approved by the council of the City of Lino
Lakes, this day of 19
170
r"1
Signed
Clerk-Treasurer
1001. 12 Street Plan. The arrangement, character, extent,
width and location of all streets shall conform to the approved
standard street sections, and relation to existing and planned
streets, to reasonable circulation of traffic, to topographical
conditions, to runoff of storm water, to public convenience and
safety, and in their appropriate relation to the proposed uses of
the area to be served. No full width street shall be less than
sixty feet (601) wide.
1001. 13 Required Land Improvements and Construction.
Subdivision 1. Improvements Made. No final plat shall
be approved by the council without first receiving a report signed
by the city engineer and the city attorney certifying that the
improvements and construction of the land, streets, and trails,
together with all other necessary facilities in the plat have been
completed and satisfactorily arranged in accordance with provisions
of the regulations for land improvement and construction. In
addition to construction on land, streets, and trails, the
developer, as part of the final plat, shall install and pay for
light poles, fixtures and street name signs as approved by the
council for Lino Lakes and the utility company serving the
location. Such installations shall be completed before the street
is surfaced. (Amended by Ordinance No. 02 - 89 passed April 10,
1989)
Subd. 2. Development Contract. As an alternative, in
whole or in part, to completion of improvements prior to final plat
approval, the owner and subdivider of the land covered by said plat
may execute and submit to the city an agreement, which will be
binding upon his or their heirs, personal representatives and
assigns agreeing that he will cause all improvements called for in
the plat, or in any supplementary agreements, to be completed
within a time specified by the city. Performance of such contract
shall be secured by a letter of credit in a liquidated amount equal
to one and one-half times the estimated cost of the improvement.
Both the development contract and the letter of credit shall be on
forms provided by the city or upon forms approved by them.
Subd. 3. Restriction on Development. The owner and
subdivider of the land covered by the plat shall execute and submit
to the council an agreement, which will be binding upon his or
their heirs, personal representatives and assigns stipulating that
he will cause no private construction to be made on any lots in the
plat or cause to be filed any application for building permits for
such construction on said lots, until all improvements required
under the city regulations for the proposed subdivision have been
made or arranged for in the manner provided in this section.
1001. 14 Property Dedication. The developer shall d6t-icate to
the city a reasonable portion of the proposed subdivision for
public streets, roads, utility easements, water facilities, storm
171
water drainage and holding areas or ponds and other similar
utilities and improvements. In addition, the developer shall
dedicate to the city land for public use as parks, playgrounds,
trails or other open space.
The criterion to be used by the city in determining the park
needs is as follows:
(1) Proposed development density and use.
(2) Proximity of development to existing parks.
(3) Open space within the development.
(4) Future park needs per the comprehensive plan.
Subdivision 1. For residential development the following
formula shall apply:
Density in Units/Acre Percentage of Land Dedication
0 to 3 10%
3 to 5 12%
5 to 7 14%
7 to 9 16%
10 or more 18%
Land site selection is to be approved by the Park Board. The City
may choose to accept an equivalent amount in cash from the
applicant based on the following formula:
Land Cost/Acre
($10,000/Min. ) x (Density Factor % x Subd. Acreage) = Park Dedicat-
Number of Lots in Subdivision ion Per Unit
OR
(Park Dedication/Unit) x (No. of Units) = Park Dedication/Acre
Number of Acres
Subd. 2. The Park Board may accept any combination of land
and monies, not to exceed the dedication requirements.
Subd. 3. Minor subdivisions, as defined by ordinance, wirl
be required to follow the Land Dedication Density Table listed in
the ordinance, or $500.00 per building site, at the decision of the
Park Board.
Subd. 4. For commercial or industrial development, the
developer shall pay to the City $200.00 for each 1,000 square feet
of proposed building for commercial or industrial use except those
buildings used for warehousing, low labor intensive light
manufacturing/assembly (one or less employee per 1,0oo s(i are feet
of structure) and for other low labor intensive uses shall pay to
172
the City $133 . 00 for each 1, 000 square feet of proposed building
for uses.
A. All such money must be paid prior to the issuance
of the building permit.
B. The above shall apply to new buildings and
additions to existing buildings.
All cash payments so received shall be placed in a special fund by
the city to be used only for acquisition, betterment or debt
retirement related to parks, playgrounds, trails and open spaces.
In all instances, the cash payment will be required prior to the
signing of the final plat.
(Section 1001. 14 Amended by Ordinance 6-85 passed May 13, 1985;
Ordinance 14-85 passed January 13, 1986; Ordinance 14-86, passed
December 22, 1986; Ordinance 22-87, passed December 28, 1987; and
Ordinance No. 05 - 91 passed November 12, 1991 and effective
February 1, 1992 . )
1001. 15 City Procedure.
Subdivision 1. Preliminary Plat. The clerk-treasurer
shall deposit any moneys received as fees herein required with
preliminary plan. All moneys so received shall be used to defray
the expense of engineering, legal, planning commission or any other
expense incurred in connection with such proposed plat. The
council shall refer one copy of the preliminary plan to the
planning commission, one to the city engineer and one to the city
attorney for recommendations. A report from the planning
commission shall be due within thirty (30) days after receipt
thereof by said commission. Reports of the city engineer and city
attorney shall be due within fifteen (15) days after date of
receipt of said plan. If problems are identified by or is not
recommended by the engineer, attorney or planning commission or if
for any reason is unacceptable, the clerk-treasurer shall be
directed by the council to notify the owner or subdivider as to the
time and place of a council meeting at which he will be afforded an
opportunity to be heard.
Subd. 2 . Final Plat. Within ninety (90) days of the
approval of a preliminary plan by the council, there shall be
submitted to the council an original and three (3) copies of a
final plat, which may embrace all or part of the area shown on the
preliminary plan. The council shall refer one copy of the plat to
the planning commission for its examination and report, and shall
refer one copy to the city engineer for his examination and report.
The remaining copy from which copies may be made, shall be filed in
the city files by the clerk-treasurer. The report of the planning
commission shall be due within thirty (30) days after the plat is
received by said commission; otherwise the council may taTte action
without a commission report. The report of the city engineer shall
be due within fifteen (15) days from receipt of said plat.
173
Whenever a plat is not approved by the council, the clerk-treasurer
shall notify the owner or subdivider of the time and place of a
council meeting at which he will be afforded an opportunity to be
heard, unless he has previously been heard by the council.
Whenever a final plan is approved by the council, the clerk-
treasurer shall sign such plat certifying approval.
Subd. 3. Recording. Following final approval by the
council, the clerk-treasurer shall notify the owner or the
subdivider of the council action, and within sixty (60) days
thereafter, the final plat, as approved, shall be recorded with the
Register of Deeds or the Registrar of Titles of the county.
Failure to record the plat within this sixty (60) day period shall
nullify the approval of the council unless application has been
made in writing for an extension of time and such extension has
been granted by the council.
1001.16 Restrictions on, Filing and Recording Conveyances. No
conveyance of land within the city shall be filed or recorded, if
the land is described in the conveyance by metes and bounds or by
reference to an unapproved registered land survey made after April
21, 1961, or to an unapproved plat made after such regulations
become effective. The foregoing provision does not apply to a
conveyance if the land described:
(1) Was a separate parcel of record April 1, 1945, or
the date of adoption of subdivision regulations
under Laws 1945, Chapter 287, whichever is the �..i
later, or of the adoption of subdivision
regulations pursuant to a home rule charter; or
(2) Was the subject of a written agreement to convey
entered into prior to such time; or
(3) Was a separate parcel of not less than two and
one-half acres in area and 150 feet in width on
January 1, 1966; or
(4) Was a separate parcel of not less than five acres
in area and 300 feet in width on July 1, 1980; or
(5) Is a single parcel of commercial or industrial
land of not less than five acres and having a
width of not less than 300 feet and its
conveyance does not result in the division of the
parcel into two or more lots or parcels, any one
of which is less than five acres in area or 300
feet in width; or
(6) Is a single parcel of residential or agricultural
land of not less than 20 acres and having a width
of not less than 500 feet and its conveyance does
not result in the division of the parcel=into two
or more lots or parcels, any one of which is less ..
than 20 acres in area or 500 feet in width.
174
(7) A minor subdivision as allowed by the terms of
this chapter. (Added by Ordinance 9-85, passed
December 9, 1985. )
In any case in which compliance with the foregoing
restrictions will create an unnecessary hardship and failure to
comply does not interfere with the purpose of the subdivision
regulations, the council may waive such compliance by adoption of
a resolution to that effect and the conveyance may then be filed or
recorded. Any owner or agent of the owner of land who conveys a
lot or parcel in violation of the provisions of this section shall
forfeit and pay to the city a penalty of not less than $100 for
each lot or parcel so conveyed. The city may enjoin such
conveyance or may recover such penalty by a civil action in any
court of competent jurisdiction.
(Section 1001. 16 amended by Ordinance 4-85, passed May 13, 1985. )
1001. 17 Building Permits. No building permit shall be issued
by the city with respect to any land, parcel or lot until the
provisions of this chapter in regard to the subdividing of property
have been met.
1001. 18 Variances. The planning commission may recommend
variances from the requirements of this chapter in specific cases*
which do not affect the general plan or intent of this chapter.
The recommendations shall be transmitted to the council in writing,
substantiating the reasons for the proposed variances. The council
may approve the variances from the requirements of this chapter in
cases which do not adversely affect the plan and spirit of this
chapter or the comprehensive plan and there are special
circumstances or conditions affecting the property such that strict
application of the provisions of this chapter would deprive the
applicant of the reasonable use of his land.
1001. 19 Minor Subdivisions. Except as hereinafter
specifically provided, minor subdivisions shall conform to all
standards, procedures and requirements applicable to all
subdivisions under this Chapter. The procedures for review and
approval of minor subdivisions are as follows:
(1) Prior to formal application, sketch plans shall
be reviewed b the zoning official.
(2) Following formal application, the zoning official
shall submit a written report to the planning and
zoning commission on the minor subdivision
proposal.
(3) The zoning official shall request input by the
city's planning, engineering, and legal
consultants, as necessary. Information described
in Section 1001. 05 may be requested. (ARtended by
Ordinance No. 04 - 90 passed May 29, 1990)
175
(4) After the planning and zoning commission has
submitted its recommendation to the council, the
council shall determine if a plat shall be
required. If a plat is required, the city
council shall hold a public hearing thereon after
notice as provided in this chapter for platting a
property.
(Section 1001.19 added by Ordinance 9-85, passed
December 9, 1985. )
176
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 05 - 91
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY CHANGING THE PARK
DEDICATION FEE
The City Council of the: City of Lino Lakes, Anoka County, Minnesota
does ordain:
I_
Property Dedication. Section 1001. 14 of the Lino Lakes City
code is amended to read as follows:
AMENDMENT: ELIMINATE: Entire section 1001. 14 after (4) in
paragraph 2 .
ADD: For residential development the
following formula shall apply:
I. Density in Units/Acre Percentage of Land Dedication
0 to 3 10
3 to 5 12 0
S to 7 14 0
7 to 9 16
9 or more 180
Land site selection is to be approved by the park board. The
city may choose to accept an equivalent amount in cash from the
applicant based on the following formula:
d Cost/Acre
0,000/minimum) x (Density Factor Subd _ Acreage) = Park Dedication Per Unit
Number of Lots in Subdivision
OR
rk Dedication/Unit ) x (No: of Units) = Park Dedication/Acre
Number of Acres
10"`\
ORDINANCE NO. 05 - 91
II. The park board may accept any combination of land and monies,
not to exceed the dedication requirements.
III. nor subdivisions, as defined by ordinance, will be required
to fo ow the Land Dedication Density Table listed in the
ordinance,, or $500.00 per building site, at the decision of the
park board.
IV. For commercial or industrial development:
A. The developer shall pay to the City $200. 00 for each 1, 00o
square feet of proposed building for any commercial or industrial
use except those uses set forth as follows:
B. The developer shall pay to the City $133 . for each 1,000
square feet of proposed building for uses as follows:
1. ) Warehousing
2. ) Low Labor Intensive Light Manufacturing/Assembly (one or
less employee per 1, 000 square feet of structure)
3 . ) Other Low Labor Intensive Uses
C. All such money must be paid prior to the issuance of the
building permit.
D. The above shall apply to new buildings and additions to
existing buildings.
II.
This Ordinance shall be effective February 1, 1992 .
Passed by the Council of the City of Lino Lakes this 12th
day of November 1991.
Harold L. Bisel, Mayor
Marilyn,G. Anderson, Clerk-Treasurer
The motion for the adoption of the foregoing ordinance was duly
�t
ORDINANCE NO. 05 - 91
seconded by Mayor Bisel and upon vote being taken thereon, the
following voted in favor: Kuether, Bisel, Reinert, Bohjanen.
The following voted against same: Neal.
Whereupon, the resolution was declared duly passed and adopted.
Council Member Bohjanen introduced the following ordinance
and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
ORDINANCE NO. 18-90
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 1001, THE
SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF LINO LAKES.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
I.
Section 1001.02 Definitions is hereby amended as follows:
"DELETE: 1001.02 (12) Natural Water Way - as mentioned in
this chapter shall mean any natural passageway in
the surface of the earth so situated and having
such a topographical nature that surface water
flows through it from other areas before reaching
a final ponding area. The term also means to
include any and all drainage structures that have
been constructed or placed for the purpose of
conducting water from one place to another.
ADD: 1001.02 (12) Watercourses - As mentioned in this
chapter shall mean any natural or man-made
passageway on the surface of- the earth so situated
and having such a topographical nature that
surface water stands or flows through it from
other areas. The term includes ponding areas,
drainage channels, swales, waterways, creeks,
rivers, lakes, streams, wetland areas, and any
other open surface water flow which is the result
of storm water or ground water discharge. This
term does not include man-made piping systems
commonly referred to as storm sewers.
1001.02 (26) Normal Water Level - It is level of
water in a watercourse when the watercourse is not
in the process of receiving or discharging storm
water runoff. The normal water level will
typically be the outlet elevation of a pond, lake,
or other standing water body.
1001.02 (27) High Water Level - Is the water level
in a watercourse which could be predicted to occur
as a result of the critical 100-year runoff event
using U.S. Department of Agriculture Soil Conser-
vation Service methodology, as approved by the
City.
II_
Section 1001.08 Subdivision Design Standards is hereby amended as
follows:
DELETE: 1001.08, Subd. 6, (4) , Watercourses. Lots abut-
ting upon a waterway, drainage channel, or stream
shall be of sufficient size to provide an area of
land equal to or greater than the minimum lot
dimensions specified in the zoning chapter for the
district in which lots are located. The dedicated
area for such watercourses shall not be included
in the lot.
ADD: 1001.08 Subd. 6, (4) , Watercourses. Watercourses
shall be contained within abutting lots.
Watercourses shall be protected by easement to the
anticipated high water level (as determined by the
City) . Lots with easements protecting water-
courses shall have sufficient dimensions and area
above the normal water levels (as determined by
the City) to equal or exceed the minimums
specified in the zoning chapter for the district
in which the lots are located. In addition, the
dimensions of the portion of the lot not
encumbered by easements protecting watercourses
shall be no more than 10 feet less than the
minimum lot dimensions required for the zoning
district.
III.
Save as above amended, Section 1001 of the Lino Lakes City Code
shall stand as initially passed and as previously amended.
This ordinance shall be in full force and effect from and after
its passage and publication according to City Charter.
Passed by the City Council this loth y o December 1990.
Ha old L. Bi el, Mayor
Nfar�ily G: Anderson, Clerk-Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor: Neal, Kuether, Bisel, Bohjanen.
The following voted against same: None, Council Member Reinert was absent.
Whereupon the ordinance was declared passed and adopted.
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FILE NO.
LINO LAKES, MINNESOTA 90060
DRG, NO.
ENCINEERS 6 ARCHITECTS■PLANNERS ORDINANCE NO. 18-7 0
ENGINEERING STANDARDS
The City of Lino Lakes adopted engineering standards for all street and
utility projects in 1985. The standards and all of the "city standard plats"
are available from the City Planner.
For planning and preliminary design purposes, though, some design standards
are helpful if not necessary. Here are the standards for Lino Lakes.
Street Design Standards
1. Minimum street centerline and gutter grade of 0.5 percent.
2. Maximum slope of approach grades at street intersections of
2 percent.
3. The maximum grade on a collector or arterial street shall be
4 percent.
4. The maximum grade on a local street shall be 6 percent.
5. The minimum grade of the curb around the circumference of the
cul-de-sac shall be 0. 6 percent.
6. Vertical curves shall be used as appropriate for the street.
7. Minimum intersection and cul-de-sac entrance radii of 20 feet.
8. Cul-de-sacs shall have 120 foot right-of-way diameters.
9. For additional information, see Section 302 of the City Code.
Sanitary Sewer Design Standards
Sanitary sewer design shall conform to the latest edition of the Great Lakes
- Upper Mississippi River Board of State Sanitary Engineers Recommended
Standard for Sewage Works.
Watermain Design Standards
1. Minimum size of watermain is 6 inches.
2. No dead end mains greater than 600 feet in length.
3. The dead end of a main shall be equipped with a fire hydrant for
flushing purposes.
4. Hydrants shall be spaced so that all portions of a building or
residence to be protected fall within a 250 foot radius of a hydrant.
5. Each hydrant lead shall be equipped with a gate valve for shut-off
purposes.
6. Valves shall be placed throughout the distribution system so that
each portion may be isolated with the least interruption of service.
Generally, place valves at each roadway intersection or intersection
of water mains.
7. Minimum depth of cover over 6" - 10" watermains shall be 8 feet,
7 1/2' over 12" and larger.
8. Minimum size of house service is 1 inch.
9. The design shall be in accordance with the Minnesota Department of
Environmental Health, the Ten State Standards, and the Standard
Plates.
Storm Sewer Design Standards
1. Design frequency storm of 5 years for residential.
2. Design frequency storm of 10 years for commercial and industrial.
3 . Minimum storm sewer design velocity of 3 feet per second.
4. Minimum storm sewer pipe size of 12 inches.
5. Minimum culvert size 18 inches.
6. Aprons and trash guards for all roadway culverts and all storm sewer
outlets and inlets.
7. Design frequency of 100 years for all detention basins.
8. Normal water level 4' below adjacent basement floor elevations.
9. Design flood level 2' below adjacent basement floor elevations.
10. Minimum detention basin free board of 1 foot.
11. Emergency overflow swale at least 1' below building openings.
12. Maximum basin side slope of 5:1.
13 . Normal water level shall not encroach on minimum lot area or size.
14. Design flood level shall not encroach more than 10' on minimum lot
dimensions.
15. Minimum detention basin depth (desirable) of 4 feet.
16. Maximum rear or side yard swale length of 3601 .
17. Minimum swale grade of 0.5% in sandy areas, 1% all other areas.
302 . Street Construction Standards
302 . 01 Purpose and Application. Proper development and
expansion of the City make it necessary to establish uniform
standards for the construction and improvement of streets. It is
the purpose of these standards to encourage well planned and
efficient streets by establishing standards for design and
construction. The following specifications and standards shall
apply to all streets newly constructed or on which major
improvements are undertaken.
302.02 Definitions.
Subdivision 1. Specifications. "Specifications" are a
detailed description setting forth the dimensions, materials,
workmanship and general conditions under which any given type of
construction is to be undertaken and carried forward by a
contractor.
Subd. 2. City Engineer. "City Engineer" is a Registered
Civil Engineer appointed by the council to furnish engineering
services in connection with any city work. The term also shall
include his authorized representatives.
Subd. 3 . Right-of-Way. "Right-of-Way" is the land
covered by a public road or other land dedicated for public use or
for certain private use such as land over which a power line
passes.
Subd. 4. Street. "Street" is the pavement structure
including subbase, gravel base, bituminous pavement, and curb and
gutter.
Subd. 5 Minor Arterial. "Minor Arterial" is a street
designed as Minor Arterial by the appropriate state, county or city
authority having jurisdiction over the roadway.
Subd. 6 Collector Street. "Collector Street" is a
street designated as Collector Street by the appropriate state,
county or city authority having jurisdiction over the roadway.
Subd. 7 Commercial/Industrial Street. "Commercial" or
"Industrial Street" is ay street designated as such by the city.
Subd. 8 Local Street. "Local Street" is any street not
designated an arterial, minor arterial, collector street,
commercial or industrial street.
Subd. 9 Silt Fence. "Silt Fence" is a manufactured
grotextile fabric appropriate for the use.
Subd. 10 Subbase. "Subbase" is the imported material
used to improve the stability and/or strength of the subfrage.
49
Subd. 11 Subgrade. "Subgrade" is the part of the
roadbed at the elevation of the bottom of the gravel base. '*••�
Subd. 12 Tack-Coat. "Tack-Coat" is a light coat of
bituminous material applied to a surface prior to placing an
overlaying mixture of bituminous material.
Subd. 13 Street Access. "Street Access" is the right
and ability to pass from a lot to a public street without the
necessity of crossing private property.
Subd. 14 Boulevard. "Boulevard" is the area of a right-
of-way which is located between the street and property line on
each side.
Subd. 15 Testing Laboratory. "Testing Laboratory" is a
company or department of a company which has recognized special
expertise and skill in performing specialized tests intended to
determine compliance with specifications.
302.03 Design Standards. The following standards will apply
to each and every street hereafter constructed in the city.
Definite and detailed specifications and plans shall be prepared•
for each individual project based upon its own location and special
features. The detailed specifications and plans shall be in
accordance with this general outline and Minnesota Department of
Transportaion (Mn/DOT) standards as applicable.
Subdivision 1. General Design Stardards
(1) Widths. Street right-of-way widths shall not be
less than as follows:
Minor Arterial. . . . . . . . . . . . . . . . . . . . . . . . 120 feet
Collector Street. . . . . . . . . . . . . . . . . . . . . . 80 feet
Local Street. . . . . . . . . . . . . . . . . . . . . . . . . . 60 feet
Commercial and/or Industrial. . . . . . . . . . 80 feet
Service Drive (except for service
drive adjacent to principal arterial) . 60 feet
Cul-de-sac. . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 feet
In cases where any temporary or permanent street
has a right-of-way width less than 60 feet, the '
design and specifications for construction shall
be considered as special. The design of such
street shall be in such a way as the city engineer
deems best for the contemplated use. The
petitioner shall be required to enter into special
agreements pertaining to the construction of these
streets.
(2) Intersections. Insofar as practical, streets shall
intersect at right angles. In no case shall the
angle formed by the intersection of two (2) streets
50
be less than 60 degrees. Intersections having more
than four (4) corners shall be prohibited.
Adequate land for future intersection and
interchange construction needs shall be provided
for.
(3) Deflections. When connecting street lines deflect
from each other at one point by more than ten (10)
degrees, they shall be connected by a curve with a
radius adequate to ensure a sight distance of not
less than 500 feet for arterials, 300 feet for
collectors, and 100 feet for all other streets.
The Council may allow greater or lesser sign
distances at the recommendation of the city
engineer.
(4) Street Jogs. Street jogs with centerline offsets
of less than 125 feet shall be avoided.
(5) Access to Arterials. In the case where a proposed
plat is adjacent to an arterial street, there shall
be no direct vehicular to pedestrian access from
individual lots to arterials unless unavoidable in
the opinion of the City Council. Where direct-
access is deemed necessary, access shall include
special requirements for turn around space on the
lots, combination of driveways to the extend
possible, andy any other requirements of the
authority having jurisdiction over the roadway.
As a general requirement, access to arterials shall
be at intervals of not less than one-fourth (1/4)
mile and through existing and established cross
roads, where possible.
(6) Local Streets. Local Streets shall be laid out so
that their use by through traffic will be
discouraged.
(7) Hardship to Owners of Adjoining Property. The
street arrangements shall not be such as to cause
hardship to owners of adjoining property in
platting their own land and providing convenient
access to it.
(8) Cul-de-sacs. Cul-de-sac use shall be held to a
minimum. Cul-de-sacs when used shall be held to
as short a distance as possible. The maximum
length of a cul-de-sac shall be 500 feet, measured
from the centerline of the street of origin to the
end of the right-of-way. Islands in cul-de-sacs
shall not be allowed.
(9) Half Streets. Half streets shall be prohibited
except where it will be practical to require the
dedication of the other half when the adjoining
51
property is subdivided, in which case the
dedication of a half street may be permitted.
(10) Private Streets. Private streets shall not be
permitted, nor shall public improvements be
approved for any private streets.
Subd. 2 Detailed Design Standards
(1) Pavements. The minimum standard for pavement
design shall be as follows:
(a) Soil borings for each new street or improved
street shall be required to facilitate design
and provide bidding information to the
construction contractor. The location and
minimum number of such borings shall be as
required by the city engineer on each project.
(b) A Stabilometer R-Value shall be determined
from the soils samples by a qualified soils
engineer and his calculations presented to
the city engineer. Because of the generally
high and variable water table in Lino Lakes,.
the R-Value shall consider the worst possible
soil moisture conditions.
(c) The R-Value shall be used to determine the
necessary thickness of the gravel base,
bituminous binder course, and bituminous
wearing course.
(d) Streets shall be kept three (3) feet above
the water table and design flood level of
adjacent ponds, as measured from finished
grade, where soil borings or other data
indicates that the street subgrade may
become saturated within three (3) feet of
the finished street grade. Special
construction methods such as use of select
granular borrow subbase and/or properly
designed drain tile may be employed as an
alternative with the approval of the city
engineer.
(e) All residential streets being constructed
or improved shall be designed for a minimum
of seven (7) ton design loading and shall be
capable of carrying a minimum of 400 motor
vehicles per day. If more than 400 vehicles
per day are anticipated, base and pavement
design shall consider the projected traffic.
Collector, commercial and/or industrial
streets shall be designed for a nine (9) �.•
ton loading.
52
(f) Subbase, as necessary tomeet the above
criteria, shall be select granular borrow.
(g) A gravel base composed of 4" Mn/DOT Class
2, 100% crushed compacted 5" Mn/DOT Class 5
compacted shall be required as a minimum.
(h) The minimum bituminous pavement shall consist
of 2" compacted thickness of binder course
conforming to the requirements of Mn/DOT
Specifications 2331, Type 31, and 1-1/2"
compacted thickness of wearing course
conforming to the requirement of Mn/DOT
Specifications 2331, Type 41
(2) Curb and Gutter. Concrete curbs and gutters shall
be required for all streets. Concrete curb and
gutter for residential streets shall be D-412 with
B-618 at all catch basins, intersections, and cul-
de-sac entrance radii unless otherwise approved by
the City. Collector, commercial and industrial
streets shall have B-618 concrete curb and gutter.
Expansion joints shall be installed every 50 feet.
(3) Pavement Widths. Minimum pavement widths, as
r"* measured from back of curb to back of curb, shall
be 32 feet for residential streets. Collector,
commercial and industrial streets shall be designed
to a width determined by the city engineer.
(4) Curb Radii. The minimum curb radii to back of curb
shall be as follows:
(a) Intersection and cul-de-sac entrance radii
shall be 20 feet.
(b) Cul-de-sac radii shall be 46 feet.
(c) Collector, commercial and industrial streets
shall have radii as determined by the city
engineer.
(5) Grades. All centerline grades shall be at least
five-tenths (0.5) percent and shall not exceed four
(4) percent for arterial and collector streets six
(6) percent for local streets. Verical curves
appropriate for the street shall be provided. The
minimum curb grade shall be five-tenths (0.5)
percent, except curbs in cul-de-sacs shall have a
minimum grade of six-tenths (0. 6) percent.
(6) Boulevards. Boulevard design and use shall be as
follows:
(a) Boulevards shall have a grade slope of 1/4"
53
per foot for the eight (8) feet adjacent to
the back of curb. All slopes beyond this
shall be 3 : 1 ratio, maximum.
(b) All boulevards shall be sodded or seeded with
mulch in accordance with Mn/DOT Specifications
2575, and shall include three (3) inches of
acceptable topsoil of a turf growing medium to
meet Mn/DOT Specification 3877. All disturbed
areas beyond the boulevard shall also be
sodded or seeded as above.
(c) Street trees having a trunk diameter (measured
12 inches above the ground) of not less than
two and one-half (2 1/2) inches shall be
planted along all streets, where sufficient
trees do not exist. These trees shall be
placed at the property line. One tree per
lot shall be required. This requirement will
be satisfied and it is preferable if an
equivalent number of trees of the same size
are planted in a naturalistic way in the
front yards of the adjoining lots.
(d) Private utility placement shall occur under
the established guidelines of the City of
Lino Lakes.
302 . 04 Construction Start-Up Procedure
Subd. 1 Engineer Required. Each new street project
or street improvement shall have plans and
specifications which have been prepared and
signed by a Minnesota Registered Engineer. A
copy of the plans and specifications shall be
submitted to the city engineer or public works
director and approved by the city engineer and
City Council.
Subd. 2 Development Contract. Prior to construction
of a project by or on behalf of a developer,
the developer must submit a letter of credit
in the amount of 150% of the estimated
construction cost or enter into a development
contract.
Subd. 3 Engineering Overview. The City shall be its
engineering staff or the City Engineer furnish
a full time project representative who shall
be present during all work on street
construction or improvement of streets. The
developer of all new streets shall reimburse
the City for all costs incurred for the
overview of such project.
54
Subd. 4 Preconstruction Conference. A preconstruction
conference shall be held at which all parties
having interest in the project may discuss
potential project impacts and procedures.
Information which must be provided includes
a construction schedule; proof of required
insurance; required permits; traffic control
schedule; name, address and telephone number
of contractor; name of the testing laboratory
to be used on the roject; the project
engineer's name, address and telephone number;
the name of the materials suppliers; and
evidence that the proposed base material and
bituminous material has been tested and
conforms with the requirements and
specifications.
Subd. 5 Notification. At least three working days
prior to construction, the public works
director or city engineer shall be notified
in writing that construction operations will
begin.
Subd. 6 Grade Stakes. Grade stakes shall be required-
before any street construction begins. Blue
tops must be provided for the subbase and
gravel base operations. The project engineer
is to provide a copy of the staking notes to
the City of Lino Lakes so spot checks can be
made of the grades to determine if they
conform with plan elevation.
302. 05 Construction Methods.
The following construction methods are general and
will apply to each and every street hereafter
constructed in the City.
Subd. 1 Silt Fence. Silt fence shall be placed
as directed or approved by the city
engineer prior to construction to provide
for erosion control. Additional silt
fence shall be installed during construction
as deemed necessary by the city engineer or-
public works director to address site
conditions.
Subd. 2 Clearing and Grubbing. Areas which will
be distrubed by street construction shall be
stripped of all vegetation, trees and topsoil.
Acceptable topsoil may be appropriately
n stockpiled for reuse.
Subd. 3 Utilities. Sanitary sewer, water and storm
sewer construction shall be completed prior
55
to or in conjunction with street construction.
Subd. 4 Compaction. The subbase and gravel base shall
be compacted to a minimum of 1000 of standard
proctor density. Pavement shall be compacted
by the ordinary compaction method.
Subd. 5 Connecting to Existing Streets. Connections
to existing paved streets shall require a
straight edge cut and tack coat applied prior
to paving of the new street.
Subd. 6 Bituminous Paving. Successive pavement
construction shall be tacked to prior work
in accordance with Mn/DOT Specifications 2356.
Subd. 7 Turf Establishment. Work required for turf
establishment shall be completed during the
same construction season in which the streets
were rough graded.
Subd. 8 Testing. All tests herein required shall be
taken by an accredited soils testing
laboratory. Tests shall be paid for by the .
developer on a developer installed project.
Tests will include but not be limited to:
(a) Density Tests. Density tests will be
taken on the subbase and base courses
by a qualified testing laboratory.
(b) Test Rolling. This work shall consist
of testing the bearing capacity of the
subgrade prior to gravel base
construction by rolling with heavy
equipment. Test rolling equipment
shall be in accordance with Mn/DOT
Specification 2111. 1 or the contractor
may use a loaded dump truck which will
deliver a minimum load of nine (9)
tons per axle. Test rolling shall be
performed when the grading is completed
within 0. 1 foot of the grade staked by
the engineer and shall cover the entire
top width of the pavement structure.
Test rolling shall be performed only
when the engineer and contractor
mutually agree that the subgrade
is acceptable for test rolling.
(c) Concrete Air Test. Air tests will be
taken by a qualified testing
laboratory.
(d) Concrete Cylinder. Concrete cylinders
56
will be cast and the compressive
strength determined by a qualified
testing laboratory.
(e) Bituminous Samples. Bituminous samples
shall be taken during placement and
tested by a qualified testing
laboratory to check the bituminous
content, gradation and Marshall
density of the bituminous material.
(f) Test Frequencies. Test frequencies
shall be determined by the city
engineer or public works director.
With the exception of test rolling
(paragaph (b) ) , a minimum of two (2)
tests will be required.
302.06 Construction Completion and Warranty
Subd. 1 Building Construction Permit. No permit shall
be issued for the construction of a new
building in a subdivision until the rough
grading of the public street providing access
thereto has been completed, and where
,,ON applicable, sewer and water construction in
connection therewith has been completed or is
under construction. Occupancy permits for
residents in a new subdivision shall not be
issued until one course of bituminous
surfacing is in place.
Subd. 2 Partial Maintenance. After a street has been
completed to a point where curb and gutter,
the base course, and the bituminous binder
course are installed and after building
permits have been issued for construction of
buildings on property fronting on said streets
the street shall be placed on the routine
maintenance list of the City. Snow plowing
operations will be carried on in the winter
time. This shall not in any way constitute
final acceptance by the City and such
maintenance or partial acceptance by the
Council shall not have any effect upon
agreements existing between the City and
the developer for further inprovements on
such streets. The wearing course shall not
be placed until 80% of the housing units in
the development ae substantially completed.
Subd. 3 Sealcoatina. Approximately two (2) years
after the placement of the wearing course
mixture, a sealcoat consisting of a CRS
emulsified asphalt conforming to Mn/DOT
57
Specification 3151 applied at the rate of
0. 35 gallons per square yard and FA-3
aggregate conforming to Mn/DOT Specifications
3137 applied at the rate of 35 lbs. per
square yard shall be placed.
Subd. 4 Warranty. All new streets shall be
warranted by the developer or contractor
as to good workmanlike construction and to
meet all City requirements for a period of
one (1) year from the time the final
inspection of such street has been completed
and the Council has accepted the same for full
City maintenance. This section shall not
relieve the developer or contractor from the
usual contract obligations of good workmanlike
construction.
When a contractor's letter of credit has been
established, it may be reduced to an amount
equal to 150% of the established cost of
construction of the wearing surface and
sealcoat upon completion of all other
contruction items, including the gravel base.
or bituminous binder course; and will be
further reduced to an amount equal to 150%
of the estimated cost of the bituminous
sealcoat upon the completion of the
bituminous wearing course.
Prior to acceptance by the City, the
developer installed projects shall
deposit with the City the sum of 20%, in
the form of a surety bond, cash, or other
form of security approved by the City
Council, of the total original cost of
construction to assure performance in
compliance with this section.
302.07 Variations and Exceptions. The Council may
permit variations from these requirements in
specific cases which, in its opinion, do not
affect the general sense of this chapter.
Additional requirements shall be complied
with as imposed by the city engineer, public
works director and City Council.
Minor variations to the requirements of this
section may be allowed with the concensus of
the public works director, city engineer and
city administrator.
(302 amended by Ordinance No. 03 - 90 passed
May 29, 1990. )
58
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 9-84
The City Council of the City of Lino Lakes ordains:
Section I. PURPOSE AND INTENT
The purpose of this ordinance is to establish a set of
standards for fabrication, erection and use of signs,
symbols, markings, or advertising devices within the City.
These standards are designed to protect and promote the
general welfare, health and safety of persons within the
community and to aid and assist in the development and
promotion of business and industry by providing regulations
which allow and encourage creativity, effectiveness and
flexibility in the design and use of such devices.
Section II. DEFINITIONS:
Subdivision 1.
Commercial Use: Activity carried out for monetary gain.
Subdivision 2.
Conditional Use: A land use or development that may not
be appropriate generally within a certain district but
may be allowed in that district with appropriate
restrictions, conditions or limitations as imposed by
the City Council.
Subdivision 3.
Conditional Use Permit: A permit issued by the City
Council in accordance with the procedures specified
within this Ordinance as a device to enable the City
Council to assign conditions to a proposed use or
development after consideration of the adjacent land
uses and the special characteristics which the proposed
use presents.
Subdivision 4.
Permitted Use: Any use allowed in a zoning district and
subject to the restrictions applicable to that zoning
district.
Subdivision 5.
Page 1
Sign. The term "Sign" shall mean a name,
identification, description, display, illustration
structure or device which is affixed to, or painted on,
or represented directly or indirectly upon a building or
other outdoor surface or piece of land, and which
directs attention to an object, product, place,
activity, person, institution, organization or business.
subdivision 6.
Advertising Sign: An "Advertising Sign" is a sign which
directs attention to a business, commodity, service or
entertainment not exclusively related to the premises
where such a sign is located or to which it is affixed.
See Section IV General Regulations.
1. Wall Advertising Sign: An advertising sign
attached to or erected against the wall of a
building or structure with the exposed face of the
sign in a plane approximately parallel to the face
of said wall and extending not more than fifteen
(15) inches from the building wall face.
2. Ground Advertising Sign: An advertising sign
supported by or upon standards, poles, beams or
other supports directly affixed to the ground.
3 . Pylon Advertising Sign: A free standing
advertising ground sign erected upon a post or
posts not more than fifteen (15) feet apart and
where no portion of the message area is less than
twelve (12) feet above the ground.
Subdivision 7.
Business Sign: A "Business Sign" is any sign which
identifies a business or group of businesses, either
retail or wholesale, or any sign which identifies a
profession or is used in the identification or promotion
of any principal commodity or service, including
entertainment, offered or sold upon the premises where
such sign is located.
1. Wall Business Sign: A Business sign attached to or
erected against the wall of and building or
structure, with the exposed face of the sign in a
plane approximately parallel to the face of said
wall and is extended not more than fifteen (15)
inches from the building wall face.
2 . Ground Business Sign: A Business sign supported by
or upon standards, poles, beams, or other supports
directly affixed to the ground.
Page 2
3 . Pylon Business Sign: A free standing business
ground sign erected upon a post or posts not more
than fifteen (15) feet apart and where no portion
of the message area is less than twelve (12) feet
above the ground.
4. Projecting Business Sign: A Business sign affixed
to an exterior wall or roof of a building and which
is perpendicular to the building wall.
5. Marquee and CanoDy Business Signs: Any message or
identification which is affixed to a projection or
extension of a building or structure, erected in
such a manner as to provide a shelter or cover over
the approach to any entrance of a store, building
or place of public assembly.
Subdivision S.
Related Definitions:
1. Illuminated Sign: A sign which has artificial
r light source directed upon it or which has an
interior light source. See Section IV, General
Regulations. Subdivision S.
2. Motion Sign: A sign which revolves, rotates or
moves.
3 . Sign Area: The entire area within a single
continuous perimeter enclosing the extreme limits
of the actual sign surface, but excluding any
structural or supporting elements such as uprights,
aprons, poles, beams or standards.
4 . Sign Height: Height shall be measured from grade
to the uppermost points or level of sign surface.
5. Flashing Signs: An illuminated sign on which such
illumination is not kept constant in intensity or
color at all times, when such sign is in use. See
Section IV, General Regulations. Subdivision S.
6. Direction Signs: A sign erected on private
property for the following uses: Church, school,
hospital, club, library, civic or other similar
types, providing general information about the use
or uses such as name and address.
7 . Area Identification Sign: A free standing sign or
pylon which identifies the name of neighborhood, a
residential subdivision, a multiple residential
Page 3
complex, or a commercial or industrial complex
consisting of three or more businesses.
8. Identification or Nameplate Sian: A sign which
bears the name or address or both of the business
or the occupant of the building on which it is
located.
9. Temporary Signs: A sign erected for a limited
period of time.
A. Real Estate Sign - A temporary sign
advertising the sale or lease of property or
buildings.
B. Construction Sign - A temporary sign
identifying a building or construction site,
architects, engineers, contractors or
suppliers. Sign must be removed within 30
days after issuance of certificate of
occupancy for a structure.
C. Political Campaign Signs - Signs or posters
announcing the candidate(s) seeking political
office and/or political issues, and dates
pertinent thereto. See Section IV, General
Regulations. Subdivision lo.
10. Portable Sign: A sign designed to be movable from
one location to another.
II. Institutional Sign. A sign or bulletin board which
identifies the name and other characteristics of a
public or private institution on the site where the
sign is located.
SECTION III. DISTRICT REGULATIONS
Subdivision 1.
"R" Rural District and "R-X" Rural Executive Residential
District•
1. Purpose. These districts are designed and intended
to aid in guiding development toward fulfillment of
the Comprehensive Plan and to serve the following
functions.
A. To preserve productive land for agricultural use.
B. To maintain "open space" within and near to urban
areas.
Page 4
C. To help guide development of urban and rural areas
along an orderly design to preserve continuity and
efficiency of service.
D. To provide a method by which the urban farm can be
guided so as to control urban sprawl and still
conserve land in an economic status until such time
as the need is present for an amendment to the
Comprehensive Plan.
E. To reduce the possibilities of rural-urban
conflicts in establishing types and levels of
service, methods of financing the services and
needs. To maintain an acceptable per capita cost
for such services as sanitary sewer, water, police,
fire, road maintenance, school transportation, and
others as necessary.
2. Sign Requirements
Rural Districts: In the R and R-X Districts all signs
must comply with the following:
A. Residential Identifications: Not more than two (2)
square feet of nameplate.
B. Institutional Identifications: Churches, schools,
parks, etc. allowed up to twenty-four (24) square
feet; not higher than eight (8) feet.
C. Advertising Signs: Allowed by Conditional Use
Permit; forty (40) feet maximum height above grade;
must comply with General Regulations. Section IV.
i. Must not be within seven hundred fifty (750)
radius feet of an existing residential
structure or other advertising structure in a
non-freeway area.
ii. Must not be closer than seven hundred fifty
(750) radius feet of another advertising
structure. Shall not be closer than twelve
hundred (1200) feet to another such
advertising structure on the same side of an
interstate freeway. For the purpose of this
Ordinance, a back-to-back or V-type sign shall
be considered as one structure.
Subdivision 2. Residential Districts
1. Purpose.
h A. "R-1" Single Family Residential District and "R-lX"
Page 5
Single Family Executive District:
Purpose. These districts are intended to provide a
residential atmosphere for those persons desiring a
single-family neighborhood with a suburban density. The
area is intended for development of single-family
detached homes on lots with public sewer and water.
B. "R-2" Two-Family District:
Purpose. This district is intended to provide a
residential atmosphere for those persons desiring a two-
family dwelling with a more urban, but limited, density.
Two-family dwellings will not be allowed in areas
without sanitary sewer.
C. "R-3" Medium Density Residential District:
Purpose. The purpose of the R-3 Medium Density
Residential District is to provide settings for
multiple-family structures up to eight dwelling units
per building in areas that have good thoroughfare
access, are properly located to other uses and are
accessible to major activity centers, recreation areas
and shopping areas.
D. "R-4" High Density Residential District:
Purpose. The purpose of the R-4 High Density
Residential District is to provide setting for multiple-
family housing in areas that have good thoroughfare
access, that have proper relationship to other uses and
that are accessible to major activity centers,
recreation areas and shopping areas.
E. "R-6" Manufactured Home Park District:
Purpose. The purpose of the Manufactured Home Park
District is to provide opportunities whereby
manufactured housing may be located on a leased or
rented site in a planned community. This district is
intended to provide opportunities for almost all types
of manufactured homes including those which may not be
able to meet the design standards established in other
residential districts. All manufactured home parks are
required to conform to the provisions of this section
and other appropriate sections of the code.
F. "R-7" Manufactured Home Subdivision District:
Purpose. The purpose of this district is to provide
opportunities for whereby manufactured housing may be
located on an individually owned lot of a subdivision in
Page 6
n
safe, attractive residential neighborhoods with all
urban services and desired amenities.
2 . sign Requirements
R1, R-1X, R2 , R3 , R4, R6, R7,
In the single family and multiple and residential
districts, the following requirements apply:
A. Residential Identification: One nameplate per
residence , not more than two (2) square feet per
unit.
B. Institutional Identification Signs: Not more than
twenty-four (24) square feet; not higher than six
(6) feet; one identification sign allowed per
building.
C. Area Identification Signs: Not more than twenty-
four (24) square feet; not higher than six (6)
feet.
D. No sign may be closer than ten (10) feet to any
,,...� property line.
subdivision 3.
C. "LB" Limited Business District:
1. Purpose. There may be some areas which are suitable
only for commercial uses of a limited (less intense)
nature. This may be due to the close proximity of
residential uses. This -nay include high quality
commercial areas such as an "office park " development.
Also, the "LB" District can be used as a transitional
district or buffer between noncompatible uses such as
intense commercial ("GB") and residential uses.
2. sign Requirements
In the Limited Business Districts all signs must comply
with the following:
A. Institutional Identification: One ground or wall
sign per institution, of thirty (30) square feet or
three percent (3%) of the building face area
(whichever is greater) , is allowed on public,
medical, educational, clinical or community
centers.
B. Business and Professional Building Identifications:
One ground or wall sign per building, of fifty (50)
Page 7
square feet or ten percent (10%) of wall area,
whichever is greater.
C. Area Identification Signs: One ground sign of one
hundred (100) square foot maximum per development,
not higher than twelve (12) feet.
D. No sign shall be closer than fifteen (15) feet to
any Property line.
Subdivision 4.
"NB" Neighborhood Business District:
1. Purpose. The purpose of the NB Neighborhood Commercial
District is to provide for the establishment of local
businesses for convenience, limited office, retail or
service outlets which deal directly with the daily
requirements of the immediate neighborhood and which are
located along a collector or arterial roadway. These
businesses are not intended to draw customers from the
entire community.
2. Sign Requirements
In the Neighborhood Business Districts all signs must
comply with the following:
A. Business Signs:
i. Sign or signs attached to building equaling
twenty percent. (20%) of the building face area
or one hundred (100) square feet, whichever is
greater; not higher than six (6) feet above
outside of parapet wall.
ii. One ground sign or pylon sign up to fifty (50)
square feet; not higher than thirty (30) feet;
notc loser than fifty (50) feet to another
such ground sign, but allowed only if the
business is not part of an integrated retail
complex.
B. Area Identification Signs:
i. One sign allowed per group of three or more
businesses of not more than three hundred
(300) square feet of sign surface.
ii. Not higher than thirty (30) feet above grade.
C. No sign may be closer than fifteen (15) feet to any
property line.
Page 8 �"'�
Subdivision S.
"SC" Shopping Center District:
1. Purpose. This zoning classification is reserved for
modern retail shopping facilities of integrated
design in appropriate locations. Potential shopping
center sites should be zoned after there is actual
need shown and construction of the center can be
expected within two years following such zoning.
This will allow potential developers greater freedom
in site selection and reduce the possibility of
under-or over-zoning for commercial development.
A. There may be more than one site suited for
commercial activity and public policy states that
only one may be developed.
B. To provide a flexible means to zone land for
commercial development at a later date when there
is justification.
2 . sign Requirements
In the Shopping Center Districts, all signs must comply
with the following:
A. Area Identification Signs:
i. One (1) ground sign or pylon for each major
street or thoroughfare frontage up to four
hundred (400) square feet of sign surface.
ii. Not higher than sixty-five (65) feet above
grade.
B. Business Signs:
i. One sign consisting of one hundred (100)
square feet or twenty percent (20%) of
building face area, whichever is greater.
ii. One wall sign only allowed within the parapet.
C. Advertising Signs:
i. Not higher than forty-five (45) feet and
allowed only by Conditional Use Permit.
ii. Must comply with Section IV. General
Regulations.
Page 9
D. No sign may be closer than fifteen (15) feet to any
property line.
Subdivision 6.
"GB" General Business District: and Public and Semi-
Public District.
1. Purpose. These are areas containing a wide variety
of business uses including retail, service, and
semi-industrial sues. As such, they may contain
businesses which tend to serve other business and
industry as well as those catering to shoppers'
needs.
B. "PSP" Public and Semi-Public District:
Purpose. This district is designed and intended to aid
in guiding development towards fulfillment of the
comprehensive plan to serve the following functions.
i. To provide the community with properly located
schools, colleges, and health institutions.
ii. To provide the community with properly located
public services and utilities.
iii. To provide the community with properly located
open green space, parks, playgrounds and
recreational facilities.
iv. To relate public and semi-public locations with
thoroughfare system.
"GB" General Business District - Public and Semi-Public
Districts:
2 . sign Requirements
In the General Business Districts and Public and Semi-
Public Districts all signs must comply with the
following:
A. Institutional Identification.
i. For hospitals, office buildings, etc.
ii. One sign allowed, sixty (60) square feet of
ground sign or pylon or up to twenty percent
(20%) of the building face area as a wall
sign.
B. Business Signs:
Page 10
i. Pylon or ground signs totalling two (2) square
feet of sign surface per lot frontage foot; up
to three hundred (300) square feet and not
higher than forty (40) feet. Must be fifty
(50) feet away from another ground sign.
ii. One sign attached to the building (wall or
parapet) up to one hundred (100) square feet
or twenty percent (20%) of the building face
area, whichever is greater.
C. Service Station Signs:
i. On surface arterials -
a. One (1) pylon sign per frontage.
- Eighty (80) square feet maximum sign
surface.
- Forty-five (45) maximum in height.
b. One additional ground sign per street
frontage.
- Thirty-two (32) square feet maximum
sign surface.
- Thirty (30) feet maximum in height.
C. Sign or signs attached to building.
- Up to twenty percent (20%) of the
total building face.
ii. Abutting freeways -
a. One (1) `pylon sign.
- Three hundred fifty (350) square
feet side.
- Maximum height of sixty-five
(65) feet.
b. One additional ground sign per frontage.
- Thirty-two (32) square feet.
- Thirty (30) feet in height.
C. Sign or signs attached to building.
- Up to twenty percent (20%) of the
total building face.
D. Advertising Signs:
i. Forty-five (45) foot height limit allowed by
Conditional Use Permit.
ii. Must comply with all General Regulations.
n Section IV.
Page 11
E. No sign may be closer than fifteen (15) feet to any
Property line.
Subdivision 7 Industrial Districts
1. Purpose
A. "L-I" Light Industrial District:
Purpose. These areas have the prerequisites for
industrial development, but because of proximity to
residential areas or the need to protect certain areas
or uses from adverse influences, high development
standards will be necessary. "LI" uses include service
industries and industries which manufacture, fabricate,
assemble or store, where the process is not likely to
create offensive noise, vibrations, dust, heat, smoke,
odor, glare or other objectionable influences.
Generally, these include wholesale, service and light
industries which are dependent upon raw materials
refined elsewhere.
B. "G-I" General Industrial District.
Purpose: These are areas which, because of availability
to thoroughfares, suitable topography, and isolation, �....'
are appropriate for industrial uses of a more intense
nature and ones which may have certain nuisance
characteristics.
2. Sign Requirements
In the Light and General Industrial Districts all signs
must comply with following:
A. Area Identification:
i. Pylon sign up to four hundred (400) square
feet per side of sign area.
ii. Not to exceed building height limit of zone.
iii. Minimum of twenty (20) foot setback from
property line.
B. Business Identification:
i. Sign area of all business signs on a site
equals three (3) square feet per lineal foot
of lot frontage, or three hundred .(3.00) square
feet, or twenty-five percent (25%). of the wall
area on which the sign is placed, whichever is
greater.
Page 12
ii. Minimum twenty (20) foot setback from property
line.
C. Advertising Signs:
i. Observe minimum building setback line or
twenty (20) foot setback, whichever is
greater.
ii. Not to exceed building height limit of the
zone.
iii. Must not be within seven hundred fifty (750)
radius feet of an existing residential
structure or other advertising structure in a
non-freeway area.
iv. Must not be closer than seven hundred (750)
radius feet to another advertising structure.
Shall not be closer than twelve hundred (1200)
feet to another such advertising structure on
the same side of an interstate freeway. For
the purpose of this Ordinance, a back-to-back
or V-type sign shall be considered as one
�•.� structure.
V. Must comply with the General Regulations.
Section IV. General Regulations.
SECTION IV.
GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS.
Subdivision 1.
Advertising Signs in districts where permitted, must
comply with the following:
1. Shall only be fabricated of and erected on steel
and built to a minimum of thirty (30) pounds per
square foot windload factor.
2 . Shall not be longer than sixty (60) feet.
3 . Shall have a maximum square footage restriction of
seven hundred fifty (750) square feet.
Subdivision 2 .
All signs other than temporary signs, residential
identification nameplate signs and residential area
identification signs shall be constructed of, and
r
erected upon steel or steel component structures.
Page 13
Subdivision 3.
All signs other than temporary signs shall be
constructed as to withstand windload pressure of 30
P.S.F.
Subdivision 4.
No sign shall be permitted within public road right-of-
way or be affixed to public structures or public utility
poles or boxes.
Subdivision S.
Illuminated signs are permitted only in limited and
general business, shopping center and light and general
industrial districts.
Subdivision 6.
Signs shall not be painted directly to any exterior
building surface, but shall be on a separate frame
except for temporary display windows. Sign letters /
symbols may be directly attached to a wall by adhesive
or mechanical fasteners.
Subdivision 7.
No sign shall be installed, which by reason of position,
shape or color would conflict with the proper function
or interpretation of any traffic sign or signal.
Subdivision 8.
There shall be no use of revolving beacons, flashing
signs, zip flashers or similar lighted devices.
Subdivision 9.
No sign shall be permitted to obstruct any window, door,
fire escape, stairway or opening of any building or
structure.
Subdivision 10.
Political signs may be permitted for a period of not
more than thirty (30) days before and five (5) days
after an election period and removal shall be the
responsibility of the candidate.
Subdivision 11.
All signs shall be maintained in good condition and the
Page 14
areas around them kept free from debris, bushes, high
weeds, and from anything else which would be an eyesore
or nuisance. The surface of all signs must be repainted
at least once every two (2) years or whenever necessary
as determined by inspection by Zoning Official to
prevent the sign surface from becoming unkempt in
appearance. When any sign is removed, the Zoning
Official shall be notified and the entire surrounding
area shall be cleared of all debris and unsightly
projections and protrusions.
subdivision 12.
Signs which become unsafe or unkempt in appearance shall
be repaired or removed by the licensee upon notification
by the Zoning Official.
Subdivision 13.
The source of light for any sign must be indirect or
diffused and shall not be directed into any adjoining
residential district.
Subdivision 14.
r Real estate development signs or construction site signs
may be erected providing they do not exceed one hundred
(100) square feet of area, are not more than fifteen
(15) feet abov e grade, and not within one hundred (100)
feet of an existing residential structure.
Subdivision is.
Directional signs up to lfour (4) square feet are allowed
up to ten (10) feet above grade provided they are not
erected adjacent to any residential streets.
Subdivision 16.
Temporary real estate signs advertising the sale of
individual residences shall not require a permit if they
are under six (6) square feet.
Subdivision 17.
Temporary signs advertising buildings or land for rent
or for sale in all districts may be placed on such
property providing such signs are not closer than ten
(10) feet to any property line and do not exceed forty
(40) square feet in industrial areas and fifteen (15)
square feet in other areas.
subdivision 18.
Page 15
Projecting signs which extend over public property are
prohibited.
Subdivision 19.
Roof signs are prohibited.
Subdivision 20.
The exposed uprights, superstructure or back side of all
signs must be painted a neutral color such as light
blues, grays, greens or browns, unless such part of the
sign is integral to the overall design of the sign.
Subdivision 21.
No sign shall be painted on, attached to, or affixed to
any trees, rocks or other similar organic or inorganic
natural matter.
Subdivision 22.
All signs including temporary and portable over six (6)
square feet in size shall require a sign permit.
Portable signs are allowed for only a 30-day period in a
single location.
Subdivision 23.
Any Conditional Use application related to a sign
exceeding six (6) square feet in area and/or thirty (30)
feet in height shall not be granted until detailed plans
therefore are filed with the city planner, reviewed by
the design review board, and approved by the city
council.
Subdivision 24.
For the purpose of this Ordinance, maximum square
footage of a sign shall be computed on the basis of one
(1) face of any multi-faced sign.
Subdivision 25.
The permit owner shall be responsible for all of the
requirements of this Ordinance, including the liability
for expense of removal and maintenance incurred by the
City.
Subdivision 26.
GRANDFATHER CLAUSE: AlI signs located within the City
of Lino Lakes prior to the adoption of this Ordinance,
may continue to exist as to size, illumination and
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present location, provided the sign does not violate any
provisions of the Lino Lakes City Code up to the date
this Ordinance is passed and adopted. A permit is
required for each existing sign, as applicable under
this Ordinance.
Subdivision 27.
Any violation of this Ordinance shall constitute a mis-
demeanor. Each day of such violation shall constitute a
separate offense. Punishment therefore may involve a
fine of up to Seven Hundred ($700) dollars or a jail
sentence of ninety (90) days, or both; this shall not,
however, allow the continued existence of a violation,
and removal thereof may be undertaken by the City upon a
ten (10) day notice of such proposed removal to the
violator.
SECTION V.
This Ordinance shall take effect upon its passage and
publication according to the City Charter.
Passed by the Council of the City of Lino Lakes this 22nd day
of October, 1984 .
Attest: -
Marilyn G. Anderson, City Clerk
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