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HomeMy WebLinkAbout1986-017 Council Ordinances• • • CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance #17-86 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING THE FOLLOWING "CB" CENTRAL BUSINESS DISTRICT CLASSIFICATION TO DISTRICT PROVISIONS, SECTION 6. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. AMENDMENT: Appendix B, Section 6, Subdivision 19, Add: "CB" Central Business District. (1) Purpose. This zoning classification is reserved to promote expansion and redevelopment projects for modern retail shopping facilities of integrated de- sign in central business locations. This will al- low 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) Front: 30 feet (ii) Rear: 10 feet (iii) Side (interior lot line): 10 feet (iv) Side and rear (accessory building): 10 feet (v) Side and rear (parking lots): 5 feet - 2 - (3) Height Regulations. No building in the CB district shall exceed a height of 45 feet. (4) Building Coverage. The area covered by any struc- ture 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. (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 Busi- ness 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 Plans. 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 follow- ing uses. Also, all appropriate regulations and stan- dards 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 amunsement and recreation centers (8) Conditional Uses. The uses pursuant to Conditional Use Permit granted by the City Council on applicat- ion 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 in Subd. 6 (Certificate of Occupancy) must be satisfied. II. AMENDMENT: Appendix B, Section 8, Subdivision 2D, is hereby amended to read as follows: "No off-street park- ing space within five feet of any street right- of-way." AMENDMENT: Appendix B, Section 8, Subdivision 3, is hereby amended to read as follows: Add "K". "Compact Parking Spaces. Allowing up to 40% of off street parking spaces to be classified compact parking. Each compact space shall not be less than eight and one half (81/2) feet wide and seventeen (17) feet in length." /� IV. Passed by the Council of the City of Lino Lakes this 9th day of March, 1987. Marilyn G. Anderson, Clerk -Treasurer G. Benson, Mayor • w A CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance #17-86 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING THE FOLLOWING "CB" CENTRAL BUSINESS DISTRICT CLASSIFICATION TO DISTRICT PROVISIONS, SECTION 6. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. AMENDMENT: Appendix B, Section 6, Subdivision 19, Add: "CB" Central Business District. (1) Purpose. This zoning classification is reserved to promote 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) Front: 30 feet (ii) Rear: 10 feet (iii) Side (interior lot line): 10 feet (iv) Side and rear (accessory building): 10 feet (v) Side and rear (parking lots): 5 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 struc- ture 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. (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 Busi- ness 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 Plans. 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 follow- ing uses. Also, all appropriate regulations and stan- dards 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 • AMENDMENT: AMENDMENT: • - 3 (I) Indoor amusement and recreation centers (8) Conditional Uses. The 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 in Subd. 6. (Certificate of Occupancy) must be satisfied. II. Appendix B, Section 8, Subdivision 2D, is hereby amended to read as follows: "No off-street parking space within finfeet of any street right-of-way (five feet in the Central Business (CB) zone). Appendix B, Section 8, Subdivision 3, is hereby amended to read as follows: Add "K". "Compact Parking Spaces. Allowing up to 400 of off street parking spaces to be classified compact parking. Each compact space shall not be less than eight and one-half (81) feet wide and seventeen (17) feet in length." IV. Passed by the Council of the City of Lino Lakes this day of , 1987. Marilyn G. Anderson, Clerk -Treasurer • Benjamin G. Benson, Mayor to lot size and residential district. (A) 20 acres or greater (R & ER District) (B) 10 to less than 20 acres (R & ER District) (C) 5 to less than 10 acres (R & ER District) - No requirement. - Pole barns acceptable. No maximum height re- quirement. - 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. (Amended Ord. #07-87 April 13, 1987) - 1 Tool shed (maximum 400 sq. ft.) - 1 Detached garage (maximum 760 sq. ft. - 1 Storage building or domesticated farm animal building (maximum 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. (Amended Ord. #07-87 April 13, 1987) - 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. (Amended Ord. #07-87 April 13, 1987) (D) 2 1/2 to less than 5 acres (R) & ER District) (E) 1 to less than 2 1/2 acres (R, ER & Other Residential Ditricts) 24A - 1 Tool shed (maximum 400 sq. ft.) - manufactured metal structure optional. - 1 Detached garage (maximum 760 sq. ft.), if there is no 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 manu- factured 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. (Amended Ord. #07-87 April 13, 1987) - 1 Tool shed (maximum 120 sq. ft.) - manu- factured metal 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. - No metal corrugated siding or roof. - Roof and exterior color & 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. (Amended Ord. #07-87 April. 13, 1987) • • (F) Under 11,250 sq. ft. to less than 1 acre (R), ER & Other Resi- dential Districts) - 1 Tool shed (maximum 120 sq. ft.) - manufactured metal structure optional. - 1 Detached garage if there is no attached garage (maximum 760 sq. ft.). - No metal corrugated siding or roof. - 14 ft. maximum height. - Roof and exterior color & 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. (Amended Ord. #07-87 April 13, 1987) No storage buildings or detached garages in D, E, or F will be higher than house. (Amended by Ord. No. 14-84, dated January 28, 1985.) 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 residential districts. 24B • • • The screening required in this section shall consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or land- scaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object. Subd. 27. Landscaping. 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. In all districts, 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. 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. 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. Access drives onto county roads shall require a review by the County Engineer. This review shall be acquired 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. Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. All access drives (driveways) shall comply with the following standards. See Also Sect ion 8 Subdivision 4 (C). (Amended Ord. 04-87 July 27, 1987) Driveway/Accessway Standards. Single Family Detached (1) Maximum Slopes (2) Minimum Width Ten feet vertical rise in 100 horizontal feet. Ten feet driveway base. Vegetation should be cleared to 8 feet on each side of driveway centerline from the edge of the roadway to the front property line. Commercial/Multiple Family Eight feet vertical rise in 100 horizontal feet. Ten feet driveway base or as approved by community engineer. (3) Minimum Surface Capable of supporting emergency fire or other heavy Strength vehicles. 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. 30 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. Subd. 29. Fences and Walls. Fences 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. (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 equal to the required front yard of the abutting lot shall not be fenced to a height of more than four (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. apply: (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. (10) Fences shall be at least thirty percent (30%) open to provide space for the passage of air. Subd. 30. Tennis Courts. In all districts, the following standards shall (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. 31 • • (K) "Compact Parking Spaces. Allowing up to 40% of off street parking spaces to be classified compact parking. Each compact space shall not be less than eight and one half (8 1/2) feet wide and seventeen (17) feet in length." (Amended Ordinance #17-86 March 1987) (4) Design and Setback Requirements for Off -Street Areas. (A) 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. (B) 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. (C) All access drives, 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 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. (Amended Ord. #04-87 July 27, 1987.) (D) Lighting. Any lighting used to illuminate and off-street parking area shall be arranged as to reflect the light away from the adjoining property. (E) Curbing and Landscaping. 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. (F) When a parking area is for six (6) spaces or more, a curb or fence not over four (4) feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the roadway and curb or fence. (The Planning Commission may recommend continuous coniferous planting in lieu of fencing.) See Section 4 Subd. 25 Screen- ing of this Ordinance for further requirements. 118 (5) ((;) Parking Space for :pix (C) or More ( .n . When an off-street parking area for six (6) a or more is located adjacent to a Residential district, a screening shall be erected between the Residential district property line and parking area. (H) 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, in a neat and adequate manner, the parking space, accessways, landscaping and required screening. (I) Access. All off-street parking spaces shall have access off driveways and not directly off the public street. Motor Vehicle Parking in Residential Areas. 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. (6) Off -Street Loading and Unloading Areas. (A) 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. (B) 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 unless stated otherwise below. (C) 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. (D) Surfacing. All loading berths and accessways shall be improved with a bituminous or concrete or other material approved by the City Engineer. (E) Accessory Use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles or to 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. (F) 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. 119 • • (3) More than one principal structure per lot may be allowed in any zoning district except single family, duplex, or neighborhood business (R, ER, R-1, R-2, R-5, R-6, R-7 and NB) zones provided that all per- formance standards and appropriate provisions of this Ordinance are met for the designated land use zoning district. (Amended by Ord. #02-85 May 27th, 1986) 21A (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 tons 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 custom- arily incidental to any of the above permitted uses of of the same general character ,(0) Contractor storage of equipment and building materials if enclosed within a building (8) Conditional Uses. The following conditional uses may be allowed in the I-1 District subject to the provisions of Sections 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. (Amended by Ordinance 06-84, 723/84.) (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 development (see Section 4 Subd.10) (I) Combining and/or processing of food products excluding meat, fish and poultry (J) "Veterinary Clinic or Office with holding Facilites" (Amended by Ordinance 04-86 July 14, 1986 1n2 • • (E) Public utility buildings (F) Theaters and drive-in theaters (G) Apartment for business owner (1-1) Veterinary clinic or office (with kennels) (I) Private clubs and lodges (3) 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. 10) (Q) Liquor, on -sale (R) Nursery Schools (Amended by Ord. 13-85.) (S) Car Wash Facility (Automated self service or full service) permitted only in minicipal sewered areas. (Amended Ordinance No. 06-86 November 10, 1986)-. 99 • • Subd. 11. "R-7" Manufactured Home Subdivision District. (1) Purpose. The purpose of this district is to provide opportunities for manufactured housing for manufactured homes which meet the design criteria established in this subdivision in subdivided developments, 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 Minimum lot depth: 110 feet (B) Minimum lot width: 70 feet Minimum lot width - Corner lot: 85 feet (C) Setbacks: (i) Front yard setback: 25 feet Side yard setback from street (corner lot): 25 feet (ii) Side yard setback from dwelling: 10 feet (111) Side yard setback from attached or detached private garage or accessory building: 5 feet (iv) Rear yard setback: 20 feet (D) Maximum structure height: 30 feet (E) Buffer/screen boundary between manufactured home sub- division 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 86 (5) Conditional Uses. There are no uses permitted by conditional use permit. (A) "Manufactured prefabricated single-family homes or prefabricated structural sandwich panel homes meeting State Building Code requirements. (Amended Ordinance 08-86 September 22, 1986) (6) Permitted Accessory Buildings. No accessory building shall be permitted except for the following (also see Section 4 Subd. 6 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 Planning Commission. 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 subdivisions regulations as set forth in the City Code, except as herein modified. This shall include the requirement that 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. (D) The proposed site plan must meet all applicable require- ments 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. 87 (5) Conditional Uses. There are no uses permitted by conditional use permit. (A) "Manufactured prefabricated single-family homes or prefabricated structural sandwich panel homes meeting State Building Code requirements. (Amended Ordinance 08-86 September 22, 1986) (6) Permitted Accessory Buildings. No accessory building shall be permitted except for the following (also see Section 4 Subd. 6 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 Planning Commission. 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 subdivisions regulations as set forth in the City Code, except as herein modified. This shall include the requirement that 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. (D) The proposed site plan must meet all applicable require- ments 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. 87 Subd. 19. "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: (1) Front: 30 feet (ii) Rear: 10 feet (iii) Side (interior lot line): 10 feet (iv) Side and rear (accessory building): 10 feet (v) Side and rear (parking lots): 5 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. (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 Plans. Submission of a site plan showing structures, parking, driveways, Subd. 19. "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) Front: 30 feet (ii) Rear: 10 feet (iii) Side (interior lot line): 10 feet (iv) Side and rear (accessory building): 10 feet (v) Side and rear (parking lots): 5 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. (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 Plans. Submission of a site plan showing structures, parking, driveways, (C) continued: landscaping, and screening in accordance with Section 5, Subd. 4. (7) Permitted Uses. In the CB district, no building or III 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 follow- ing uses. Also, all appropriate regulations and standards in Section 5 Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of Occupany) 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 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 in Subd. 6 (Certificate of Occupancy) must be satisfied. (Amending Ordinance #17-86 on March 9, 1987) • • • • (iv) 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. (F) Districts or Uses not Specifically Noted. Parking spaces as determined by City Council following review by Planning and Zoning Commission. (2) Parking Location Requirements. All accessory off-street parking facilities required herein shall be located as follows: (A) Spaces accessory to one- and two-family dwellings on the same lot as the principal use served. (B) Spaces accessory to multiple -family dwellings on the same lot as the principal use servedandwithin 200 feet of the main entrance to the principal building served. (C) 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. (D) "No off-street parking space within five feet of any street right-of-way. (Amended Ordinance 17-86 March 9, 1987) (E) 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. (3) General Parking Provisions. (A) 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 requirements set forth herein for a similar new use. (B) 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. (C) Floor Area. For purposes of determining the floor area requirements, it shall not include areas used primarily as building utility rooms, toilets or rest rooms, dressing, fitting or alteration rooms, coolers, window displays, or lobbies. (D) Hospital Bassinets. In hospitals, bassinets shall not be counted as beds. 116 • (E) 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. (F) Parking Spaces. Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of an adequately designed system of access drives. (G) 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 establish- ments. (H) 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 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. (I) Control of Off -Street Parking Facilities. When required, accessory off-street parking facilities are provided else- where 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. (J) 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. (4) Design and Setback Requirements for Off -Street Areas. (A) 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 117 (iv) 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. (F) Districts or Uses not Specifically Noted. Parking spaces as determined by City Council following review by Planning and Zoning Commission. (2) Parking Location Requirements. All accessory off-street parking facilities required herein shall be located as follows: (A) Spaces accessory to one- and two-family dwellings on the same lot as the principal use served. (B) 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. (C) 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. (D) "No off-street parking space within five feet of any street right-of-way. (Amended Ordinance 17-86 March 9, 1987) (E) 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. (3) General Parking Provisions. (A) 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 requirements set forth herein for a similar new use. (B) 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. (C) Floor Area. For purposes of determining the floor area requirements, it shall not include areas used primarily as building utility rooms, toilets or rest rooms, dressing, fitting or alteration rooms, coolers, window displays, or lobbies. (D) Hospital Bassinets. In hospitals, bassinets shall not be counted as beds. 116 • • • • (K) "Compact Parking Spaces. Allowing up to 40% of Off street parking spaces to be classified compact parking. Each compact space shall not be less than eight and one half (8 1/2) feet wide and seventeen (17) feet in length." (Amended Ordinance #17-86 March, 1987) (4) Design and Setback Requirements for Off -Street Areas. (A) 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. (B) 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. (C) Surfacing and Drainage. All off-street parking areas except -permitted uses in the R and ER districts shall be paved with a concrete or bituminous surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. These requirements shall also apply to open sales lots. Durable and dustless surface may include asphalt, concrete, or other surface (water sealed), as approved by the Engineer. Permitted uses in the Rural district and ER district shall be allowed to surface off-street parking areas with crushed rock and similar durable and dustless surface. (D) Lighting. Any lighting used to illuminate and off- street parking area shall be arranged as to reflect the light away from the adjoining property. (E) Curbing and Landscaping. All off-street parking areas designed to have head -in parking along the property lin;: shall have a curb, wheel stop or bumper guard not less than five (5) feet from the side property line. (F) When a parking area is for six (6) spaces or more, a curb or fence not over four (4) feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the roadway and curb or fence. (The Planning Commission may recommend continuous coniferous planting in lieu of fencing.) See Section 4 Subd. 25 Screening of this Ordinance for further requirements. 118 (G) Parking Space for Six (6) or More Cars. When an off-street parking area for six (6) cars or more is located adjacent to a Residential district, a screening shall be erected between the Residential district property line and parking area. (H) 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, in a neat and adequate manner, the parking space, accessways, landscaping and required screening. (I) Access. All off-street parking spaces shall have access off driveways and not directly off the public street. (5) Motor Vehicle Parking in Residential Areas. 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. (6) Off -Street Loading and Unloading Areas. (A) 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. (B) 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 unless stated otherwise below. (C) 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. (D) Surfacing. All loading berths and accessways shall be improved with a bituminous or concrete or other material approved by the City Engineer. (E) Accessory Use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles or to 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. (F) 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. 119 (K) "Compact Parking Spaces. Allowing up to 40% of Off street parking spaces to be classified compact parking. Each compact space shall not be less than eight and one half (8 1/2) feet wide and seventeen (17) feet in length." (Amended Ordinance #17-86 March, 1987) (4) Design and Setback Requirements for Off -Street Areas. (A) 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. (B) 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. • (C) Surfacing and Drainage. All off-street parking areas except permitted uses in the R and ER districts shall be paved with a concrete or bituminous surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. These requirements shall also apply to open sales lots. Durable and dustless surface may include asphalt, concrete• or other surface (water sealed), as approved by the Engineer. Permitted uses in the Rural district and ER district shall be allowed to surface off-street parking areas with crushed rock and similar durable and dustless surface. (D) Lighting. Any lighting used to illuminate and off- street parking area shall be arranged as to reflect the light away from the adjoining property. (E) Curbing and Landscaping. All off-street parking areas designed to have head -in parking along the property �i. shall have a curb, wheel stop or bumper guard not less than five (5) feet from the side property line. (F) When a parking area is for six (6) spaces or more, a curb or fence not over four (4) feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the roadway and curb or fence. (The Planning Commission may recommend continuous coniferous planting in lieu of fencing.) See Section 4 Subd. 25 Screening. of this Ordinance for further requirements. • 118 (G) Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district, the 'i_ty Council may limit the hours of operation. (H) Required Loading Berths. (i) Retail Sales, Office, Public Administration Buildings, Hospitals, Schools, Hotels, and Similar Uses for such a building having 5,000 to 10,000 square feet of floor area, one off-street lowing berth. (ii) Manufacturing, Fabrication, Warehousing, Storing, Servicing and Similar Establishments for such a building having 2,000 to 30,000 square feet of floor area, one loading berth 55 feet in length. (iii) Nonresidential uses having 5,000 square feet of floor area or more, not included as part of (i) or (ii) above, 4,000 to 20,000 square feet of floor area, one loading berth; for each additional 10,000 square feet of floor area or fraction thereof above one-fourth, one additional loading berth. (iv) Manufacturing, Fabrication, processing and Ware- housing - for buildings having over 30,000 square feet, loading facilities shall be provided th the ratio of one loading berth 55 feet in length for each 50,000 additional square feet plus one loading berth 25 feet in length for each 100,000 square feet. Buildings having 2,000 to 15,000 square feet shall have one loading berth; 15,000 to 30,000, one loading berth plus oen 55 foot loading berth. (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 thoroughfare, 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 wision 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 any 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. 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 attorney's, 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: (Amended by Ordinance 03-85, dated May 13, 1985.) Fee ` Deposit Conditional Use Permit Fee$50.00 $300.00 "Rezoning" Fee $50.00 $300.00 Platting _ $50.00 $a00.0@ Variances $50.00 " $200.00 Site and Building Plan Review $50.00 $300.00 + 1% of con- struction costs to insure completion of improvements. 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 bf 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. 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 misdeamor 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. Section 11. Repeal or Amendment of Prior City Ordinances. Since the City Code incorporates the existing Ordinance 56 as well as other Zoning Ordinances by Appendix 8 and G, it will be necessary to amend the City Code adopting the new Zoning Ordinance and repealing the Ordinances that have been continued in effect through such Appendixes B and G. My review of the index to the City Code indicates the following Ordinances remain in effect and should be repealed by the • new Zoning Ordinance: 6A, 6B, 6C, 6D, 6F, 6G, 6H, 61, 6J, 6K, 6L, 6M, 6N, 60, 6P, 6Q, 6R, 6S, 6T, 6T(a), 6U, 6V, 6W, 6X,6Y; Ordinance 40, 40A, Ordinance 56, 56A - W and Ordinance 69. (G) Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district, the my Council may limit the hours of operation. (H) Required Loading Berths. (i) Retail Sales, Office, Public Administration Buildings, Hospitals, Schools, Hotels, and Similar Uses for such a building having 5,000 to 10,000 square feet of floor area, one off-street loa_'ing berth. (ii) Manufacturing, Fabrication, Warehousing, Storing, Servicing and Similar Establishments for such a building having 2,000 to 30,000 square feet of floor area, one loading berth 55 feet in length. (iii) Nonresidential uses having 5,000 square feet of floor area or more, not included as part of (i) or (ii) above, 4,000 to 20,000 square feet of floor area, one loading berth; for each additional 10,000 square feet of floor area or fraction thereof above one-fourth, one additional loading berth. (iv) Manufacturing, Fabrication, processing and Ware- housing - for buildings having over 30,000 square feet, loading facilities shall be provided th the ratio of one loading berth 55 feet in length for each 50,000 additional square feet plus one loading berth 25 feet in length for each 100,000 square feet. Buildings having 2,000 to 15,000 square feet shall have one loading berth; 15,000 to 30,000, one loading berth plus oen 55 foot loading berth. (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 thoroughfare, 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 wision 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 any intersecting street right-of-way lines. This restriction shall also apply to the planting streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, to public c',onvenience 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 (60') wide. 1001.13 Required Lnad 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 and streets 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 and streets, 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. 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 completec. 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 the... 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 dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. In addition, the developer shall dedicate to the Cit a for ublic use as rks n1 :rounds trails or other open qpace. The criterion to be used by the City in determining the park needs is as follows: 1. Proposed development density and use. 160 • (1) Permit to use a fire hydrant shall be issued for each individual job or contract and for a minimum of 30 days and for such additional 30 day periods as the city shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant and none other. (2) The user shall make a $100.00 advance cash deposit to guarantee payment for water used and to cover breakage and damage to hydrant, which shall be refunded upon expiration of the permit, less applicable charges for use. (3) The user shall pay a rental charge of $10.00 for each 30 day period or fraction thereof, and $.45 for each 1,000 gallons of water used. 401.34 Temporary Connection to Fire Hydrants. An owner of a private water system may make a temporary above ground connection to a fire hydrant, subject to the time periods, conditions and payment specified in 401.29. In addition, the method of connection to the private system shall conform to all existing requirements of the city and the type of meter used shall meet the approval of the plumbing inspector. 401.35 Tampering. Whoever intentionally destroys, damages or tampers with any property of the water system shall be guilty of a misdemeanor in violation of this code. 401.36 Utilities Superintendent. The council may appoint a utilities superintendent who shall assume and discharge the responsibilities imposed by this chapter along with such other duties as may be required or assigned to him. 70 caused the city thereby shall be charged against and collected from the water consumer. Subd. 6. Re -Reading. A consumer may, by written request, have his meter re -read, by depositing the amount stated below with the clerk -treasurer. In case a test should show an error of over five per cent of the water consumed, the deposit shall be refunded to the consumer, a correctly registering meter will be installed, and the bill will be adjusted accordingly if the meter erred in favor of the city. Such adjustment shall not extend back more than one billing period from the date of the written request. The deposit charges for meter testing are as follows: For testing 1/2" to 2" meters = $ 25.00 3" meters = $100.00 4" meters = $125.00 6" meters = $150.00 Subd. 7. City Property. All water meters shall be and remain the property of the city. Subd. 8. Access. Authorized city employees shall have free access at reasonable hours of the day to all parts of every building and premises connected with the water system for reading of meters and inspections. 401.31 (This section 401.31 Deposit Ord. #03-86 has been deleted on May 27, 1986.) 401.32 Water Meter Setting. All water meters hereafter installed shall be in accordance with the following rules: (1) The service pipe from the water main to the meter, when the same enters the building, shall be brought through the floor or bottom course of concrete block of foundation. (2) The meter shall be located so that the bottom is from 12 inches to 24 inches above the finished floor line. The meter shall be set out not more than 12 inches measured horizontally from the inside line of the basement wall, unless an alternate method is approved by the plumbing inspector. (3) All meter installations shall have a stop and waste gate valve on the street side of the meter. In no case shall there be more than 12 inches of pipe exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste gate valve shall also be installed on the house side of the meter. All fittings and pipe to be red brass, or bronze. Gate valves shall be brass 125 pounds standard. 401.33 Use of Fire Hydrants. No person other than authorized • city employees shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit to do so from the city as follows: 69 2. Proximity of development to existing parks. 3. Open space within the development to existing parks. 4. Future park needs per the comprehensive plan. • For residential, commercial and industrial development the following land dedication shall apply: 10% of the total land acreage in the development. Land site selection is to be made by the City. The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land at the time of final approval. This cash equivalent for all residential development shall be $160.00 per dwelling unit to be constructed within such proposed development. For commercial/industrial development, the cash equivalent shall be ten (10%) per cent of the fair market land value of the development. 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. This payment is due to the City Clerk-Treas before any documents may be filed with the County Recorder's Office. Section 2. Effective Date_ This ordinance shall be effective thirty (30) days after its pub- lication. (Amended by Ordinance #14-86 , adopted December 22, 1986. 1001.15 City Procedure. Subdivision 1. Preliminary Plat. The clerk -treasurer shall depo any moneys received as fees herein required with preliminary plan. All moneys so received shall be used to defray the expense of engineering, legal, plan- ning 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 recommend- ations. 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 remain- ing 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 take action without a commission report. The report of the ci4111 engineer shall be due within fifteen (15) days from receipt of said plat. Whenever 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 plat is approved by the council, the clerk -treasurer shall sign such plat certifying approval. 161