HomeMy WebLinkAbout2003-008 Council OrdinancesOrdinance No. 08-03
Adopted 3/10/03
ZONING ORDINANCE
Ordinance No. 08-03
Adopted 3/10/03
LINO LAKES ZONING ORDINANCE
TABLE OF CONTENTS
Page
SECTION 1. TITLE/APPLICATION/RULES 1-1
Subd. 1. Title and Application 1-1
Subd. 2. Rules and Definitions 1-5
SECTION 2. ADMINISTRATION 2-1
Subd. 1. Administration: Amendments and Rezonings 2-1
Subd. 2. Administration: Conditional Use Permits 2-4
Subd. 3. Administration: Interim Use Permits 2-9
Subd. 4. Administration: Variances and Appeals 2-11
Subd. 5. Administration: Administrative Permits & Approvals 2-16
Subd. 6. Site and Building Plan Review 2-20
Subd. 7. Duties of City Staff 2-29
Subd. 8. Certificate of Occupancy 2-30
Subd. 9. Enforcement and Penalties 2-31
Subd. 10. PUD, Planned Unit Development 2-32
SECTION 3. GENERAL PROVISIONS 3-1
Subd. 1. Purpose 3-1
Subd. 2. Non -Conforming Uses and Structures 3-1
Subd. 3. General Parcel, Lot and Yard Provisions 3-3
Subd. 4. General Building and Use Provisions 3-9
A. Dwelling Unit Restriction 3-9
B. Building Type & Construction 3-9
C. Height 3-13
D. Accessory Buildings & Structures 3-15
1. General Provisions 3-15
2. Sport Courts 3-15
3. Swimming Pools 3-17
4. Houseboats 3-20
5. Ice Fishing Houses 3-20
6. Docks & Boat Launches 3-20
7. Roadside Stands 3-20
8. Rural & Residential Zoning District
Accessory Buildings 3-21
9. Commercial and Industrial Zoning Districts 3-25
E. Refuse and Recyclable Material 3-26
F. Outdoor Lighting 3-27
G. Smoke 3-31
H. Dust and Other Particulated Matter 3-31
I. Odors 3-31
J. Noise 3-31
K. Sewage Disposal 3-31
L. Waste Material 3-31
M. Bulk Storage (Liquid) 3-32
N. Radiation Emission 3-32
O. Electrical Emission 3-32
P. Exterior Storage 3-32
Q. Required Screening, Landscaping & Buffer Yards 3-34
R.Fences 3-46
Subd. 5. Off -Street Parking 3-52
A. Purpose 3-52
B. Application of Off -Street Parking Regulations 3-52
C. General Provisions 3-52
D. Maintenance 3-59
E. Location 3-59
F. Number of Spaces Required 3-60
G. Parking Deferment 3-64
H. Joint Parking Facilities 3-65
I. Control of Off -Site Parking Facilities 3-65
J. Traffic Control 3-65
K. Motor Vehicle Parking in Residential Zoning Districts
and on Lots of Less than 2 '/ Acres in Rural
Zoning Districts 3-66
Subd. 6. Off -Street Loading 3-68
Subd. 7. Relocated Structures 3-69
Subd. 8. Home Occupations 3-70
Subd. 9. Home Extended Businesses 3-73
Subd. 10. Accessory Apartments 3-76
Subd. 11. Drainage 3-78
Subd. 12. Earth Moving and Land Reclamation 3-80
Subd. 13 Farming Operations 3-83
Subd. 14. Adult Uses 3-84
Subd. 15. Antennas 3-86
SECTION 4. DISTRICT PROVISIONS 4-1
Subd. 1. General Zoning District Provisions 4-1
SECTION 5. RURAL DISTRICTS 5-1
Subd. 1. R, Rural District 5-1
Subd. 2. R-X, Rural Executive District 5-7
SECTION 6. RESIDENTIAL DISTRICTS 6-1
Subd. 1. R-1, Single Family Residential District 6-1
Subd. 2. R-1X, Single Family Executive Residential District 6-6
Subd. 3 R-EC, Single Family Estate Conservation District 6-11
Subd. 4. R-2, Two Family Residential District 6-17
Subd. 5. R-3, Medium Density Residential District 6-23
Subd. 6. R-4, High Density Residential District 6-28
Subd. 7. R-6, Manufactured Home Park District 6-35
SECTION 7. BUSINESS DISTRICTS 7-1
Subd. 1. NB, Neighborhood Business District 7-1
Subd. 2. LB, Limited Business District 7-5
Subd. 3. GB, General Business District 7-17
SECTION 8. INDUSTRIAL DISTRICTS 8-1
Subd. 1. LI, Light Industrial District 8-1
Subd. 2. GI, General Industrial District 8-14
SECTION 9. SPECIAL DISTRICTS 9-1
Subd. 1. PSP, Public and Semi -Public District 9-1
Subd. 2. R-BR, Rural -Business Reserve District 9-5
Subd. 3. PUD, Planned Unit Development District 9-12
SECTION 10. ADOPTION
ORDINANCE NO. 08-03
AN ORDINANCE ESTABLISHING AN UPDATED ZONING ORDINANCE TEXT AND
ZONING MAP FOR THE CITY OF LINO LAKES, MINNESOTA.
THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN:
SECTION 1. TITLE / APPLICATION / RULES
Subd. 1. Title and Application.
A. 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."
B. 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 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.
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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 road sides
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.
C. Application.
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 provisions of this Ordinance are
either more restrictive or less restrictive than comparable conditions
imposed by any other law ordinance, statute, resolution, or regulation, the
regulations which are more restrictive, or which impose higher standards
or requirements shall prevail.
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.
D. Relation to Comprehensive Municipal Plan. It is the policy of the City of Lino
Lakes that the enforcement, amendment, and administration of this Ordinance be
accomplished with due consideration of the recommendations contained in the
City Comprehensive Plan as developed and amended from time to time by the
Planning and Zoning Board and City Council. The Council recognizes the
Comprehensive Plan as the policy for responsibility to regulate land use and
development in accordance with the policies and purpose herein set forth.
E. Uses Not Provided for Within Zoning Districts.
In any zoning district, whenever a proposed use is neither specifically allowed
nor denied, the City Council shall determine if the proposed use is comparable in
potential activities and impacts to a use listed within the zoning district and is
acceptable related to land use compatibility, traffic, and/or nuisance issues and
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established conditions and standards relating to development of the use. Where
such a determination is made, the requirements established for the listed use
shall apply as minimum standards for the proposed use. Additional requirements
may be applied to address differences between the listed use and the proposed
use.
In such cases where, in the judgment of the City Council, there is no comparable
use listed, the City Council or Planning and Zoning Board, on their own initiative
or upon request from the property owner, may conduct a study to determine if the
proposed use is acceptable and, if so, what zoning district would be most
appropriate and what conditions and standards should apply to the proposed
use. The City Council, Planning and Zoning Board, or property owner, on receipt
of the staff study, may initiate an amendment to the Zoning Ordinance consistent
with Section 2, Subd. 1. of this Ordinance to provide for the particular use under
consideration or shall find that the proposed use is not compatible for
development within the City.
F. 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 or competent jurisdiction shall adjudge any provision of this
Ordinance to be invalid, such judgment shall not affect any other provision
of this Ordinance not specifically included in such judgment.
2. If any court or competent jurisdiction shall adjudge invalid the application
of any provision of this Ordinance to a particular property, building, or
structure, such judgment shall not affect other property, buildings or
structures.
G. Authority. This Ordinance is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363.
H. Comprehensive Revision. This Ordinance shall be a comprehensive revision
to Ordinance 09-97, adopted July 14, 1997, of the City Code, as amended. Any
act done, offense committed, or rights accruing or accrued, or liability, penalty
incurred or imposed prior to the effective date of this Ordinance is not affected by
its enactment.
Fees. No application for a Zoning Ordinance amendment, rezoning,
conditional use permit, interim use permit, variance, administrative permit, or site
and building plan review shall be accepted or considered by the City Council or
any other body of the City unless such application is complete and accompanied
by a deposit. The total fee for processing such application, which shall be paid
by the petitioner to the City, shall be paid whether or not such application is
approved or denied. The deposit shall be used to cover the total out of pocket
expenses incurred by the City in processing such application, for such necessary
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items as, but not limited to, attorney's, planner's, and/or engineer's fees and
costs, and any other costs incident thereto, and shall be in addition to a fee for
the City staff services, to be paid to the City, which separate fees and deposits
shall be established by City Council resolution.
The deposit shall not be considered as the total amount to be paid. The total
amount shall be the actual amount expended plus the fee for the City staff
services.
Any unused portion of the required deposits will be returned to the petitioner.
The fees established herein may be changed by the City Council from time to
time, by resolution or ordinance, as appropriate. A copy of said resolution or
ordinance shall be on file in the office of the City Clerk and available for
inspection during regular City office hours.
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Subd. 2. Rules and Definitions.
A. 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 the future tenses, and the future
the present.
3. The words "shall" and "must" are mandatory while the word "may" is
permissive.
4. The masculine gender includes the feminine and neuter.
5. 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.
6. In the event of conflicting provisions, the more restrictive shall apply.
7. All measured distances expressed in feet shall be the nearest tenth of a
foot.
8. In their interpretation and application, the provisions of this Ordinance shall
be held to be the minimum requirement for the promotion of health, safety,
and welfare.
B. Definitions. The following words and terms, wherever they occur in this
Ordinance, shall be interpreted as herein defined:
Accessory Building. A portion of the principal building or a detached structure
on the same lot which is used for an accessory use.
Accessory Use. A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building and located
on the same lot with such principal use.
Addition. A physical enlargement of an existing structure.
Adjoining Lot or Land. A lot or parcel of land which shares all or part of a
common lot line with another lot or parcel of land.
Adult Use Related Terms.
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1 Adult Uses. Adult uses include adult bookstores, adult motion picture
theaters, adult massage parlors, adult steam room/boathouse/sauna
facilities, adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult novelty businesses,
adult motion picture arcades, adult modeling studios, adult hotels/motels,
adult body painting studios, and other premises, enterprises,
establishments, businesses or places open to some or all members of the
public, at or in which there is an emphasis on the presentation, display,
depiction or description of "specified sexual activities" or "specified
anatomical areas" which are capable of being seen by members of the
public. Activities classified as obscene as defined by Minnesota Statutes
617.241 are not included.
a. Specified Anatomical Areas:
1) Less than completely opaquely covered human genitals,
pubic region, buttock anus, or female breast(s) below a point
immediately above the top of the areola; and
2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
b. Specified Sexual Activities:
1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral -anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory
functions in the context of a sexual relationship, and any of
the following: sexually -oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
2) Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
4) Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast; or
5) Situations involving a person or persons, any of whom are
nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the
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flagellation, torture, fettering, binding or other physical
restraint of any such persons; or
6) Erotic or lewd touching, fondling or other sexually -oriented
contact with an animal by a human being; or
7) Human excretion, urination, menstruation, vaginal or anal
irrigation.
2. Adult Use - Accessory. The offering of retail goods for sale which are
classified as adult uses on a limited scale and which are incidental to the
primary activity and goods and/or services offered by the establishment.
Examples of such items include the sale of adult magazines, the sale
and/or rental of adult motion pictures, the sale of adult novelties, and the
like.
3. Adult Uses - Principal: The offering of goods and/or services which are
classified as adult uses as a primary or sole activity of a business or
establishment and include but are not limited to the following:
a. Adult Use - Body Painting Studio. An establishment or business
which provides the service of applying paint or other substance,
whether transparent or non -transparent, to or on the body of a
patron when such body is wholly or partially nude in terms of
"specified anatomical areas."
b. Adult Use - Bookstore. A building or portion of a building used for
barter, rental or sale of items consisting of printed matter, pictures,
slides, records, audio tape, videotape, compact discs, computer
software, digital recordings, motion picture film, or other
communication mediums if such building or portion of a building is
not open to the public generally but only to one or more classes of
the public excluding any minor by reason of age or if a substantial
or significant portion of such items are distinguished or
characterized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas."
c. Adult Use - Cabaret. A building or portion of a building used for
providing dancing or other live entertainment, if such building or
portion of a building excludes minors by virtue of age or if such
dancing or other live entertainment is distinguished or characterized
by an emphasis on the presentation, display, depiction or
description of "specified sexual activities" or "specified anatomical
areas."
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d. Adult Use - Companionship Establishment. A companionship
establishment which excludes minors by reason of age, or which
provides the service of engaging in or listening to conversation, talk
or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
e. Adult Use - Conversation/Rap Parlor. A conversation/rap parlor
which excludes minors by reason of age, or which provides the
service of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
f. Adult Use - Health/Sport Club. A health/sport club which excludes
minors by reason of age, or if such club is distinguished or
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
g.
Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or
motel from which minors are specifically excluded from patronage
and wherein material is presented which is distinguished or
characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas."
h. Adult Use - Massage Parlor, Health Club. A massage parlor or
health club which restricts minors by reason of age, and which
provides the services of massage, if such service is distinguished
or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
i. Adult Use - Mini -Motion Picture Theater. A building or portion of a
building with a capacity for less than 50 persons used for
presenting material if such building or portion of a building as a
prevailing practice excludes minors by virtue of age, or if such
material is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Use - Modeling Studio. An establishment whose major
business is the provision, to customers, of figure models who are
so provided with the intent of providing sexual stimulation or sexual
gratification to such customers and who engage in "specified sexual
activities" or display "specified anatomical areas" while being
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observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
k. Adult Use - Motion Picture Arcade. Any place to which the public is
permitted or invited wherein coin or slug -operated or electronically,
electrically or mechanically controlled or operated still or motor
picture machines, projectors or other image -producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas."
Adult Use - Motion Picture Theater. A building or portion of a
building with a capacity of fifty (50) or more persons used for
presenting material if such building or portion of a building as a
prevailing practice excludes minors by virtue of age or if such
material is distinguished or characterized by an emphasis on
"specified anatomical areas" for observation by patrons therein.
m. Adult Use - Novelty Business. A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
n. Adult Use - Sauna. A sauna which excludes minors by reason of
age, or which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
o. Adult Use - Steam Room/Bathhouse Facility. A building or a
portion of a building used for providing a steam bath or heat bathing
room used for the purpose of pleasure, bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts
minors by reason of age or if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
Agricultural Farm Building. An accessory building designed, constructed, used
or intended to house farm implements or agriculture areas, as defined by this
Ordinance, on an active farm operation of more than twenty (20) acres. A
Minnesota Pollution Control Agency Permit may be required.
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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 soil conservation or forestry
management program. Agricultural land uses do not include slaughter houses or
the processing of crops, produce, animals for public purchase or consumption as
to constitute a commercial or industrial land use.
Airport. A place where aircraft can land and take off, usually equipped with
hangars, facilities for refueling and repair, and various accommodations for
passengers.
Airport, Private Use. Airports which are intended for use by certain individuals
or associations and not to the public.
Animal Unit. A unit of measure used to compare differences in the production
of animal wastes which has a standard amount of waste produced on a regular
basis by a slaughter steer or heifer. For the purposes of this Ordinance, the
following equivalents apply. To determine the animal unit measure for any
animal not specific below, divide the average adult weight by one thousand
(1,000).
Animal Unit
(1) Slaughter Steer or Heifer
1.0
(1) Cow and Calf Pair
1.2
Mature Dairy Cow
(1) Over 1,000 Ibs
1.4
(1) Under 1,000 Ibs
1.0
Swine
(1) Over 300 Ibs
.4
(1) Between 55-300 Ibs
.3
(1) Under 55 Ibs
.05
(1) Sheep
.4
(1) Duck
.01
Turkey
(1) Over 5 Ibs
.018
(1) Under 5 Ibs
.005
Chickens (Dry Manure)
(1) Over 5 Ibs
.005
(1) Under 5 Ibs
.003
(1) Chicken (Liquid Manure)
.033
(1) Horse
1.0
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Animals, Domestic. For purposes of this Ordinance, domestic animals shall be
defined as house pets such as dogs, cats, traditional and typical animal pets, and
birds (not including pigeons, chickens, geese, turkeys or other domestic fowl)
which can be contained within a principal structure throughout the entire year,
provided that the containment can be accomplished without special modification
to the structure requiring a building permit from the City. In addition, it includes
rabbits normally sheltered outside the home.
Animals, Farm. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses
and other animals traditionally and commonly accepted as farm animals in the
State of Minnesota.
Antenna Related.
1. Personal Wireless Service. A device consisting of a metal, carbon, fiber,
or other electromagnetically conducive rods or elements on a single
supporting pole or other structure, and used for the transmission and
reception of wireless communications including cellular, personal
communication services (PCS), enhanced specialized mobilized radio
(ESMR), paging and similar services.
2. Public or Commercial Radio and Television, Broadcast Transmitting. A
wire, set of wires, metal or carbon fiber rod or other electromagnetic
element used to transmit public or commercial broadcast radio, or
television programming and including the support structure thereof.
3. Public Utility Microwave. A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the
transmission and/or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the support structure
thereof.
4. Radio and Television Receiving. A wire, set of wires, metal or carbon
fiber element(s) other than satellite dish antennas, used to receive radio,
television, or electromagnetic waves, and including the support structure
thereof.
5. Satellite Dish. A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, cone,
horn, or cornucopia. Such device shall be used to transmit and/or receive
radio or electromagnetic waves between terrestrially and/or orbitally based
uses. This definition shall include, but not be limited to, what are
commonly referred to as satellite earth stations, TVROs (television receive
only) and satellite microwave antennas and support structure thereof.
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6. Satellite Dish Height. The height of the antenna or dish measured
vertically from the highest point of the antenna or dish when positioned for
operation, to the top of the foundation which supports the antenna.
7. Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a
device, consisting of a metal, carbon fiber, or other electromagnetically
conductive element used for the transmission and reception of radio
waves used for short -wave and citizen band radio communications, and
including the supporting structure thereof.
8. Secondary Use. A use of land or of a building or a portion thereof which
is subordinate to and does not constitute the primary use of the land or
building.
9. Structure, Public. An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite
manner which is owned or rented, and operated by a federal, state, or
local government agency.
10. Support Structure. Any building or other structure other than a tower
which can be used for location of antennas.
11. Tower. Any ground mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, masts, intended
primarily for the purpose of mounting an antenna or similar apparatus
above grade.
12. Tower, Temporary Mobile. Any mobile tower, pole, or structure located on
a trailer, vehicle, or temporary platform intended primarily for the purpose
of mounting an antenna or similar apparatus for personal wireless
services, which is commonly referred to as Cellular on Wheels (COW).
Apartment. A room or suite of rooms which is designed for, intended for, or
used as a residence by a single family or an individual, and is equipped with
cooking facilities. Includes dwelling unit and efficiency unit.
Applicant. The person(s) whose name(s) are on an application as owner, their
agent or person having legal control, ownership and/or interest in land for which
the provisions of this Ordinance are being considered or reviewed.
Base Map. A map having sufficient points or reference, such as state, county or
municipal boundary lines, streets, easements, and other selected physical
features to allow the plotting of other data.
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Basement. That portion of a building between floor and ceiling, which is partly
below and partly above grade, but so located that the vertical distance from
grade to the floor below is more than the vertical distance from grade to ceiling
for more than 50% of its perimeter.
Bay. A part of a building projecting or cantilevered from the main part.
Bluff. A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
1. Part of all of the feature is located in a shoreland area.
2. The slope rises at least twenty-five (25) feet above the ordinary high water
level of the water body.
3. The grade of the slope from the toe of the bluff to a point twenty-five (25)
feet or more above the ordinary high water level averages thirty (30)
percent or greater.
4. The slope must drain toward the water body.
Bluff Impact Zone. A bluff and land located within twenty (20) feet from the top
ofabluff.
Bluff, Toe Of: The lower point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
Bluff, Top Of: The highest point of a fifty (50) foot segment with an average
slope exceeding eighteen (18) percent.
Boarder. An individual other than a member of the family occupying the dwelling
unit or a part thereof who, for a consideration, is furnished sleeping
accommodations and may be furnished meals or other services as part of the
consideration.
Boarding House. A building other than a hotel where, for compensation and by
pre -arrangement for definite periods, meals, or lodging and meals are provided to
three (3) or more persons, not of the principal family therein, pursuant to previous
arrangements and not to anyone who may apply, but not including a building
providing these services for more than ten (10) persons.
Boathouse. A structure used solely for the storage of boats or boating
equipment.
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Buffer. The use of land, topography, difference in elevation, space, fences or
landscape plantings to screen or partially screen a use or property from another
use or property or to shield or mitigate noise, lights or other impacts.
Buffer Yard. A strip of land utilized to screen or partially screen a use or
property from another use or property or to shield or mitigate noise, lights, or
other impacts.
Buildable Area. The portion of a lot remaining after yards have been provided.
Buildable Land, Contiguous. Land area occurring within the property lines of a
parcel or lot excluding wetlands and/or water bodies.
Building. Any structure having a roof supported by columns or walls and
intended for the shelter, housing or enclosure of any individual, animal, process,
equipment, goods or materials of any kind or nature.
Building Coverage. The horizontal area measured within the outside of the
exterior walls and supporting columns of the ground floor of all principal and
accessory buildings on a lot.
Building Height. The vertical distance above a reference datum measured to
the highest point of the coping of a flat roof or to the deck line of a mansard roof
or to the average height of the highest gable of a pitched or hipped roof. The
reference datum shall be selected by either of the following, whichever yields a
greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a
five (5) foot horizontal distance of the exterior wall of the building when
such sidewalk or ground surface is not more than ten (10) feet above
lowest grade.
2. An elevation ten (10) feet higher than the lowest grade when the sidewalk
or ground surface described in Item 1 above is more than ten (10) feet
above lowest grade.
The height of a stepped or terraced building is the maximum height of any
segment of the building.
Building Line. A line parallel to a lot line or the ordinary high water level at the
required setback beyond which a structure may not extend.
Building, Pole. Any structure possessing the following characteristics: structural
wood poles or timbers buried in ground without footings or with individual
footings; metal wall coverings hung in a manner that the wall coverings provide
structural support for the wood frame. Such definition shall not include or apply
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to decks, sign supports, earth retention structures, playground equipment,
electric utilities, or any other similar structure not covering or enclosing a specific
area.
Building, Principal. A building in which is conducted the principal use of the lot
on which it is located.
Business. Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or sold or where services are offered for
compensation.
Canopy. An accessory roof -like structure, which is either attached to or
detached from an allowable primary building; which is open on all sides, other
than where attached; and, which is located over and designed to provide cover
for entrances, exits, walkways, and approved off-street vehicle service areas.
Channel. A natural or artificial depression of perceptible extent, with definite
bed and banks to confine and conduct water either continuously or periodically.
Church. A building, together with its accessory buildings and use; where
persons regularly assemble for religious worship and which building, together
with its accessory buildings are uses, is maintained and controlled by a religious
body organized to sustain public worship.
City Council. The governing body for the City of Lino Lakes.
Club or Lodge. A club or lodge is a non-profit association of persons who are
bonafide members paying annual dues, use of premises being restricted to
members and their guests.
Commercial Use. The principal use of land or buildings for the sale, lease,
rental or trade of products, goods and services, including, but not limited to:
1. Automobile Repair -Major. General repair, rebuilding or reconditioning
engines, motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; overall painting or paint job; vehicle
steam cleaning.
Automobile Repair -Minor. An establishment providing goods or services
related to automobiles such as car washes, repair businesses limited to
minor engine repair, fluid changing, tire service and muffler repair and
other uses of similar character, but not including uses defined as a major
automobile business or automobile sales.
3. Automobile Sales. The use of any building or land area for the display
and sale of new or used automobiles, trucks, vans, trailers or recreational
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Title / Application / Rules
vehicles including any major or minor automobile repair or service uses
conducted as an accessory use.
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.
5. Hospitality Business. An establishment offering transient lodging
accommodations on a daily rate to the general public, leasable events,
meeting or conference facilities and exhibition halls or other uses of similar
character including hotels, motels, convention facilities, and hospices.
6 Liquor Sales, Off -Sale. Licensed sale of intoxicating beverages for
consumption off site.
7. Liquor Sales, On -Sale. Licensed sale of intoxicating beverages for
consumption at the premises where the beverage is purchased.
Motor Fuel Station. A place where gasoline is stored only in underground
tanks, kerosene or motor oil and lubricants or grease, for operation of
automobiles, are retailed directly to the public on premises, and including
minor accessories and services for automobiles, but not including
automobile major repairs and rebuilding.
Office Business -Clinic. An establishment located within a building or
portion of a building providing out -patient health services to patrons,
including general medical clinics, mental health providers, chiropractor,
dentists, orthodontia, oral surgeons, opticians, and other uses of similar
character.
10. Office Business -General. An establishment located within a building or
portion of a building for the conduct of business activities involving
predominantly professional administrative or clerical service operations
including attorneys, financial advisors, insurance, travel, real estate, and
other uses of similar character.
11. Personal Service. Personal services shall include the following: barber
shops, beauty salon, electrolysis, manicurist, tanning parlor, physical
therapy, therapeutic massage, tattooing and body piercing. (Amended per
Ord. 21-03)
12. Recreational Business. Arcade, health club, gymnasium, bowling alley,
billiard (pool) hall, dance hall, dance studio, skating rinks, theaters, and
indoor firearms range.
Lino Lakes Zoning Ordinance Title / Application / Rules
Amended per Ord. 21-03 1-16
13. Restaurant. An establishment that serves food in individual servings for
consumption on or off premises, including sit-down restaurants, take out,
pick up, or delivery food sales, but not including drive -through facilities.
Outdoor dining areas and drive -through facilities may or may not be
allowed in each zoning district: they are not automatically allowed when a
restaurant is an allowable use.
14. Retail Business. An establishment engaged in the display and sale of
products produced off -site directly to consumers within a building or
portion of a building excluding any exterior display and sales.
15. Service Business Off -Site. A company that provides useful labor,
maintenance, repair and activities incidental to business production or
distribution where the service is provided at the customer's location,
including delivery services, catering services, plumbing and sewer
services, and other uses of similar character.
16. Service Business On -Site. An establishment that provides useful labor,
maintenance, repair and activities incidental to business production or
distribution where the customer patronizes the location of the operation,
such as banks (not including drive -through facilities), copy centers,
Laundromats, dry cleaners, funeral homes and mortuaries, appliance
repair, tailor shops, and travel bureaus.
Comprehensive Plan. A Comprehensive Plan prepared and approved by the
City, including a compilation of policy statements, goals, standards, fiscal
guidelines, and maps indicating the general locations recommended for the
various functional classes of land use, places and structures, and for the general
physical development of the City, including any unit or part of such plan
separately adopted and any amendment to such plan or parts thereof.
Conditional Use. A land use or development that may not be appropriate
generally within a certain district but may be allowed in that district with
appropriate restrictions, conditions or limitations as imposed by the City Council
Conditional Use Permit. A permit issued by the City Council in accordance with
the procedures specified within this Ordinance as a device to enable the City
Council to assign conditions to a proposed use or development after
consideration of the adjacent land uses and the special characteristics which the
proposed use presents.
Condominium. A multiple family dwelling or development containing individually
owned dwelling units and jointly owned and shared areas and facilities, which
dwelling or development is subject to the provisions of the Minnesota
Condominium Law, Minnesota Statutes sections 515.01 through 515.29.
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Condominium Association. The community association that administers and
maintains the common property and common elements of a condominium.
Construction. The erection, alteration or extension of a structure.
Cooperative Housing. A multiple family dwelling owned and maintained by the
residents and subject to the provisions of Minnesota Statutes 290.09 and 290.13.
The entire structure and real property is under common ownership as contrasted
to a condominium dwelling where individual units are under separate individual
occupant ownership.
Critical Area. An area with one or more of the following characteristics: (1)
slopes in excess of twenty (20) percent; (2) floodplain; (3) soils classified as
having a high water table; (4) soils classified as highly erodible, subject to
erosion; (5) land incapable of meeting percolation requirements; (6) land formerly
used for landfill operations or hazardous industrial use; (7) fault areas; (8) stream
corridors; (9) estuaries; (10) mature strands of native vegetation; (11) aquifer
recharge and discharge areas.
Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a
radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty
(20) inch diameter tree has a CRZ with a radius of twenty (20) feet.
Cul-de-sac. (See Street)
Day Care Facility. Any facility licensed by the State Department of Public
Welfare, public or private, which for gain or otherwise regularly provides one or
more persons with care, training, supervision, habilitation, rehabilitation or
developmental guidance on a regular basis, for periods of less than twenty-four
(24) hours per day, in a place other than the person's own home. Day care
facilities include, but are not limited to, family day care homes, group family day
care homes, day care centers, day nurseries, nursery schools, daytime activity
centers, day treatment programs and day services, as defined by Minnesota
State Statutes, Section 245.782.5.
Deck. Horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or
site and at any point extending above grade.
Density. The number of families, individuals, dwelling units, or housing
structures per unit of land. In this Ordinance, net density shall mean number of
dwelling units per acre of buildable land. Gross density shall mean number of
units per acre of the total subject property.
Detached Garage. A one-story accessory building used or intended for the
storage of motor driven passenger vehicles.
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Detached Outdoor Living Area. A flat surfaced seasonal outdoor room
intended for casual human use which may be screened but may not have
permanent structural walls or be covered by a permanent roof.
Development. The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any structure; any mining, excavation, landfill or land disturbance,
and any use or extension of the use of land.
District. A section or sections of the City for which the regulations and
provisions governing the use of buildings and lands are uniform for each class of
use permitted therein.
Dock (Boat Launch). A structure accessory to the principal use of the property
which extends into navigable waters and used for the launching, landing or
mooring of watercraft.
Dormitory. A building used as group living quarters for a student body or
religious order as an accessory use for a college, university, boarding school,
orphanage, convent, monastery or other similar institutional use.
Drainage. The removal of surface water or groundwater from land by drains,
grading or other means which include runoff controls to minimize erosion and
sedimentation during and after construction or development, the means for
preserving the water supply and the prevention or alleviation of flooding.
Drainage System. Any natural or artificial feature or structure used for the
conveyance, drainage, or storage of surface and/or underground water,
including, but not limited to, streams, rivers, creeks, ditches, channels, conduits,
gullies, ravines, washes, lakes or ponds and structures such as culverts,
drainage tile, dams, bridges and water storage basins.
Drainageway. Any natural or artificial watercourse, trench, ditch, swale or
similar depression into which surface water flows.
Drip Line. The farthest distance away from the trunk that rain or dew will fall
directly to the ground from the leaves or branches of the tree or one (1) foot per
one (1) inch of diameter, whichever is greater.
Drive -Through Facilities. A physical facility that permits customers to receive
services or obtain goods while remaining in their motor vehicles. Examples
include but are not limited to bank and fast food restaurant drive -through
facilities.
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Driveway. A private roadway providing access for vehicles to a parking space,
garage, dwelling or other structures.
Dwelling. A structure or portion thereof which is used exclusively for human
habitation.
Dwelling, Efficiency. A dwelling unit consisting of not more than one habitable
room together with kitchen or kitchenette and sanitary facilities.
Dwelling, Multiple -Family. A structure containing more than two dwelling units.
Dwelling, Single Family Detached. A dwelling which is designed for and
occupied by not more than one family and surrounded by open space or yards
and which is not attached to any other dwelling by any means.
Dwelling, Townhouse. A one -family dwelling in a row of at least three (3) such
units in which each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separated from any other unit by
one or more common fire resistant walls.
Dwelling, Two -Family. A structure containing two dwelling units, each of which
is totally separated from the other by an unpierced wall extending from ground to
roof or an unpierced ceiling and floor extending from exterior wall to exterior wall,
except for a common stairwell exterior to both dwelling units.
Dwelling Unit. One or more rooms, designed, occupied or intended for
occupancy as separate living quarters, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use of a single family
maintaining a household.
Easement. A grant of one or more of the property rights by the property owner
to and/or for the use by the public, a corporation or another person or entity.
Elderly (Senior Citizen) Housing. A public agency owned or controlled
multiple dwelling building with open occupancy limited to persons over sixty (60)
years of age.
Essential Services. The erection, construction, alteration, or maintenance by
public utilities or municipal departments of underground or overhead telephone,
gas, electrical, communication, water or sewer transmission, distribution,
collection, supply or disposal systems including poles, wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith for the furnishing of adequate service by such private or public utilities
or municipal departments. Personal wireless service and commercial
broadcasting antennas and towers shall not be considered an essential service.
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Existing Use. The use of a lot or structure at the time of the enactment of a
zoning ordinance.
Exterior Storage/Storage Yards. An outside area where equipment, vehicles,
trailers, or material relating to the principal use of a parcel of land is stored. This
includes semi -trucks and trailers. The stored items are not for sale or display but
are used in the everyday operation of the principal use. Also referred to as
"outdoor storage." Outdoor sales lots are not outdoor storage but are distinct
uses regulated by this ordinance.
Extractive Use. The use of the land for surface or subsurface removal of sand,
gravel, rock, industrial minerals, other non-metallic minerals and peat not
regulated under Minnesota Statutes, Sections 93.44 to 93.51.
Family. An individual or two (2) or more persons related by blood or marriage or
of not more than five (5) persons (excluding servants) who need not be related
by blood or marriage living together in a dwelling unit.
Farm. Real property used for commercial agriculture or horticulture comprising
at least twenty (20) contiguous acres and which may contain other contiguous or
noncontiguous acreage, all of which is owned or leased and operated by a single
family, family corporation, individual or corporation.
Farm Building. See Agricultural Farm Building.
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.
Farm, Limited. A limited farm is a food producing use primarily intended for the
use of the residents and on parcels of from one (1) to twenty (20) contiguous
acres in size. Limited farming uses may include the production of crops, such as
fruits, vegetables, flowers, plants, shrubs and trees. Animals and domestic pets
may be allowed subject to the provisions of City Code Sections 502 and 503.
Feedlot. A confined area or structure used for feeding, breeding, or holding
livestock for eventual sale in which animal waste may accumulate but not
including barns, pens or other structures used in a dairy farm operation.
Fence. A fence is defined for the purpose of this Ordinance as any partition,
structure, wall or gate erected as a dividing mark, barrier or enclosure.
Fence, Boundary Line. All fences located within one (1) foot of a property line.
Fence, Interior Yard. All fences located five (5) feet beyond a property line.
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Filter Strip. A linear strip of land along a lake, wetland, river, creek, or
stormwater ponding area where vegetation is established and maintained as a
means to slow the velocity of stormwater drainage and to filter sediment and
pollutants from the stormwater.
Filling. The act of depositing any rock, soil, gravel, sand or other material on a
site.
Flood. A temporary rise in a stream flow or stage which results in inundation of
the areas adjacent to the channel.
Flood Fringe. That portion of the floodplain outside of the floodway.
Floodplain. The areas adjoining a watercourse which have been or hereafter
may be covered by the regional flood.
Flood Profile. A graph or a longitudinal plot of water surface elevation of a
flood event along a reach of a stream or river.
Floodway. The channel of the watercourse and those portions of the adjoining
floodplains which are reasonably required to carry and discharge the regional
flood.
Floor Area, Net. The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or loading; and
all floors below the first or ground floor, except when used or intended to be used
for human habitation or service to the public.
Footprint. The horizontal area measured within the outside of the exterior walls
and supporting columns of the ground floor of a building or structure.
Garage. A deck building or structure, or part thereof, used or intended to be
used for the parking and storage of vehicles.
Garage, Public. A garage other than a private garage, used for the housing or
care of motor vehicles, or where such vehicles are equipped for operation
repairs, or kept for renumeration, hire or sale.
Garage, Storage. Any building or premises used for the storage only of motor -
driven vehicles, pursuant to previous arrangements, not to transients, where no
equipment, parts, fuel, grease or oil are sold and vehicles are not equipped,
serviced, repaired, hired or sold.
Gazebo. A freestanding accessory structure or pavilion from which views of
surrounding scenery are commonly offered. Such structures are characterized
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1-22
by partly open construction, design symmetry, and the use of ornamental
architectural features.
Grade (Adjacent Ground Elevation). The lowest point of elevation of the
finished surface of the ground, paving, or sidewalk within the area between the
building and property line, or when the property line is more than five (5) feet
from the building, between the building and a line five (5) feet from the building.
Grading Plan. Existing topography and proposed finished grades with a contour
interval of no greater than two (2) feet clearly indicating the relationship of
proposed changes to existing topography and remaining features.
Greenway. Land shown in the Comprehensive Plan that is intended to:
1. Preserve contiguous open space to define neighborhoods.
2. Preserve ecologic features and function of unique environmentally
sensitive areas.
3. Protect a diversity of natural features and habitat.
4. Provide for passive recreational trail opportunities.
Hardship. The same as that term is defined in Minnesota Statutes, Chapter
462.
Hazardous Waste. Any refuse, sludge, or other waste material or combination
of refuse, sludge, or other waste materials in solid, semi -solid, liquid, or
contained gaseous form which because of its quantity, concentration, or
chemical, physical, or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or an increase
in serious or irreversible, or incapacitating reversible illness, or
2. Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, or transported, or disposed
of, or otherwise managed. Categories of hazardous waste materials
include, but are not limited to: explosives, flammable, oxidizers, poisons,
irritants, and corrosives. Hazardous waste does not include source,
special nuclear, or by-product material as defined by the Atomic Energy
Act of 1954, as amended.
Historic Site. Structure or area of land or water of historic, archaeological,
paleontological or architectural value which has been designated as an historic
site in the Federal Register of historical landmarks, the Minnesota Historical
Society, or by a local governmental unit.
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Home Extended Business. A business conducted as part of a residential use
which is beyond the limits and scope of activities for home occupations as
defined by this subdivision.
Home Occupation. Any activity by a resident carried out for business purposes
and which activity is clearly incidental and secondary to the residential use of the
premises, and which activity does not change the residential character thereof.
Homeowners Association. A community association, other than a
condominium association, which is organized in a development in which
individual owners share common interests in open space or facilities.
Horticulture. The use of land for the growing or production for income of fruits,
vegetables, flowers, nursery stock, including ornamental plants and trees, and
cultured sod. Horticulture is a type of agricultural use.
Houseboat. A watercraft vessel having a super structure resembling a house,
usually moored, designed and used as a dwelling.
Impervious Surface. An artificial or natural surface through which water, air or
roots cannot penetrate.
Individual Sewage Treatment System or Individual Sewage Disposal
System. A sewage treatment system, or part thereof, serving a dwelling, or
other establishment, or group thereof, and using sewage tanks followed by soil
treatment and disposal or using advanced treatment devices that discharge
below final grade. Individual sewage treatment system includes holding tanks
and privies (per Minnesota Rules 7080).
Industrial Park. A large tract of land that has been planned, developed and
operated as an integrated facility for a number of individual industrial uses, with
special attention to circulation, parking, utility needs, aesthetics, and
compatibility.
Interim Use. A temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer allow said
use.
Irrigation System. Any structure or equipment, mechanized or other, used to
supply water for landscaping, vegetation, commercial agriculture or horticulture,
including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams,
ditches, tanks, ponds, and reservoirs.
Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used
for the storage, collection, processing, purchase, sale or abandonment of
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1-24
wastepaper, rags, scrap metal or other scrap or discarded goods, materials,
machinery or two (2) or more unregistered, inoperable motor vehicles or other
type of junk.
Kennel, Commercial. Any structure or premises on which three (3) or more
dogs or cats, of one species, over six (6) months of age are kept, owned,
boarded, groomed, sheltered, protected, bred, or offered for sale or any other
merchandising that is not defined as a private kennel. Every commercial kennel
shall be enclosed or fenced in such manner as to prevent the running at large or
escape of animals confined therein.
Kennel, Private. Any structure or premises on which between three (3) and six
(6) dogs and cats, over six (6) months of age are kept for private enjoyment and
not for monetary gain. Every kennel shall be enclosed or fenced in such manner
as to prevent the running at large or escape of animals confined therein.
Land Reclamation. The process of the re-establishment of, acceptable
topography (i.e., slopes), vegetative cover, soil stability, and the establishment of
safe conditions appropriate to the subsequent use of the land.
Lighting Related:
A Cutoff. The point at which all light rays emitted by a lamp, light source or
luminaire are completely eliminated at a specific angle above the ground.
B Cutoff Angle. The angle formed by a line drawn from the direction of Tight
rays at the light source and a line perpendicular to the ground from the
light source above which no light is emitted (see Figure 1).
Figure 1. Cutoff Angle
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C Cutoff Type Luminaire. A luminaire with elements such as shields,
reflectors, or refractor panels which direct and cut off the light at a cutoff
angle that is less than ninety (90) degrees.
D. Flashing Light. A light source which is not constant in intensity or color at
all times while in use.
E. Foot candle. A unit of illumination produced on a surface, all points of
which are one (1) foot from a uniform point source of one (1) candle.
F Light Source. A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
G. Luminaire. A complete lighting unit consisting of a light source and all
necessary mechanical, electrical and decorative parts.
H. Outdoor Lighting. Any light source or collection of light sources, located
outside a building, including but not limited to, light sources attached to
any part of a structure, located on the surface of the ground or located on
freestanding poles.
Outdoor Light Fixture. Outdoor electrically powered illuminating devices,
outdoor lighting or reflective surfaces, lamps and similar devices,
permanently installed or portable, used for illumination or advertisement.
The fixture includes the hardware that houses the illumination source and
to which the illumination source is attached including, but not limited to,
the hardware casing. Such devices shall include, but are not limited to,
search, spot, and flood lights for:
1. Buildings and structures.
2. Recreational areas.
3. Parking lot lighting.
4. Landscaping lighting.
5. Signs.
6. Street lighting.
7. Product display area lighting.
8. Building overhangs and open canopies.
J. Security Lighting. Outdoor lighting fixtures installed exclusively as a
measure to reduce the possible occurrence of a crime on the property.
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Figure 2 — Shielding
Shield
K. Shielding. A technique or method of construction permanently covering
the top and sides of a light source by a material which restricts the light
emitted to be projected below an imaginary horizontal plane passing
through the light fixture (see Figure 2).
L. Spillage. Any reflection, glare or other artificial light that emits onto any
adjoining property or right-of-way and is above a defined maximum
illumination.
Lot, Lot of Record. A contiguous parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, that has one legal description
and parcel identification number recorded with the Anoka County Property
Records Department. Also referred to as a "parcel."
Lot Area. The total area within the lot lines of a lot measured in a horizontal
plan.
Lot, Base. Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling or townhome subdivision.
Lot, Corner. A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the point of deflection in alignment of a single
street, the interior angle of which is one hundred thirty-five (135) degrees or less.
Lot Depth. The mean horizontal distance between the front lot line and the rear
lot line measured from a ninety (90) degree angle from the street right-of-way
within the lot boundaries.
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Lot, Double Frontage. A lot which has a pair of opposite lot lines abutting two
(2) substantially parallel streets, and which is not a corner lot.
Lot, Flag. A lot that has access to a public street via a narrow strip but does
not have the full required frontage on a public street.
Lot Frontage. The narrowest lot boundary abutting a public street that meets
minimum lot width requirements. If none of the boundaries abutting a public
street meet minimum lot width requirements, then the lot frontage is the widest
boundary abutting a street.
Lot, Interior. A lot, other than corner lot, including through lots.
Lot Line. A property boundary line of any lot held in single or separate
ownership except that where any position of the lot extends into the abutting
street or alley, the lot line shall be deemed to be the street or alley right-of-way.
Lot Line, Front. The lot line separating a lot from the street right-of-way along
the lot frontage.
Lot Line, Rear. The lot line opposite and most distant from the lot frontage
which connects the side lot lines. For the purposes of this Ordinance, the rear lot
line of a triangular lot shall be a line entirely within the lot at least ten (10) feet
long and parallel to and most distance point from the front lot line. If the front lot
line on such a lot is curved, the rear lot line shall be parallel to a line tangent to
the front lot line.
Lot Line, Side. Lot lines extending away from the lot frontage, which connects
the front and rear lot lines.
Lot, Through. A lot fronting on two parallel streets.
Lot, Triangular. A lot in which the side lot lines converge into a single vertex.
The vertex shall be deemed to be the rear lot line.
Lot, Unit. Lots created from the subdivisions of a two family dwelling or
townhome having different minimum lot size requirements than the conventional
base lots within the zoning district.
Lot Width. The horizontal distance between the side lot line of a lot measured at
the front building setback line and parallel to the front lot line. If the front lot line
is curved, such as on a cul-de-sac, the lot width is measured along a line parallel
to a tangent to the front lot line.
Manufactured Home. A manufactured home means a structure, transportable
in one or more sections, which in the traveling mode is eight (8) body feet or
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more in width, or forty (40) body feet or more in length, or, when erected on side,
is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without
permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein;
except that the term includes any structure which meets all the requirements and
with respect to which the manufacturer voluntarily files a certificate required by
the Secretary of the United States Department of Housing and Urban
Development and complies with the standards established under Minnesota
Statute 327 including the Manufactured Home Building Code adopted therein.
Manufactured Home Subdivision. A subdivision designed and/or intended for
the sale of lots for residential occupancy by manufactured homes.
Manufactured Home Park. Any site, lot, field or tract of land upon which two (2)
or more occupied manufactured homes are located, either free of charge or for
compensation, and includes any buildings or structures used or intended for use
as part of the equipment of the manufactured home park.
Manufactured Home Lot. A plot of land for placement of a single manufactured
home within a manufactured home park.
Mini Self -Storage. An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for the storage of
household goods or personal belongings.
Mobile Homes. A single family detached dwelling unit or other structure
designed for year around occupancy constructed at a factory or assembly plant
and drawn to the site on a permanently attached undercarriage and wheels.
Mobile homes should not include all types of manufactured homes as defined
herein.
Model Home. A home which is similar to others in a development and which is
open to public inspection for the purpose of selling said other homes.
Non -Conforming Uses. A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails, by reason of such
adoption, revision or amendment, to conform to the present requirements of the
zoning district.
Nuisance. Anything defined as a nuisance by Section 900 of the City Code.
Nursing Home (Rest Home). A building having accommodations where care
for pay is provided for two (2) or more invalids, infirm, aged or convalescent
persons who are not of the immediate family; but not including hospitals, clinics,
sanitariums, or similar institutions.
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Off -Street Loading Space. A space accessible from the street, alley, or way, in
a building or on the lot, for the use of trucks while loading or unloading
merchandise or materials.
On -Street Parking Space. A temporary storage area for a motor vehicle which
is located on a dedicated street right-of-way.
Open Sales Lot. Any open land used or occupied for the purpose of buying,
selling, and/or renting merchandise and for the storing of the same prior to sale.
Open Space. Any parcel or area of land or water essentially unimproved and set
aside, dedicated, designated or reserved for public or private use or enjoyment,
or for the use and enjoyment of owners and occupants of land adjoining or
neighboring such open space.
Open Space, Private. Common open space held in private ownership, the use
of which is normally limited to the occupants of a single dwelling or building.
Open Space, Public. Open space owned by a public agency and maintained by
it for the use and enjoyment of the general public.
Ordinary High Water Level (OHWL). The boundary of public waters and
wetlands as determined by the Minnesota Dept. of Natural Resources: an
elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that
point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
Outdoor Storage. See "exterior storage."
Parcel. A contiguous tract or area of land established by plat, subdivision, or as
otherwise permitted by law, that has one legal description and parcel
identification number recorded with the Anoka County Property Records
Department. Also referred to as a "lot" or "lot of record."
Park, Private. A tract of land presently owned or controlled and used by private
or semi-public persons, entities, groups, etc. for active and/or passive
recreational purposes.
Park, Public. A tract of land publicly owned and used by the public for active
and/or passive recreational purposes.
Parking Lot. An off-street, ground level area, usually surfaced and improved, for
the temporary storage of motor vehicles.
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Parking Space. A space for the parking of a motor vehicle within a public or
private parking area.
Party Wall. A common shared wall between two (2) separate structures,
buildings, or dwelling units.
Permitted Use. Any use allowed in a zoning district and subject to the
restrictions applicable to that zoning district.
Planned Unit Development. An area of a minimum contiguous size, as
specified by ordinance, to be planned and developed as a single entity containing
one or more residential clusters or planned residential developments and/or one
or more public, quasi -public, commercial or industrial areas in such ranges of
ratios of non-residential uses to residential uses as shall be specified.
Play and Recreational Facilities. Equipment customary and incidental to the
principal use of the site intended for the enjoyment and convenience of the
residents of the principal use and their occasional guests. Such facilities include
swing sets, play sculptures, sand boxes, picnic tables, basketball standards,
barbeque grills and the like.
Principal Use. The primary or predominant use of any lot and/or building.
Public Waters. As defined in Minnesota Statutes section 103G.005,
subdivision 15:
1. Public Waters, General Development. Those waters whose shores are
generally characterized by medium density residential development with or
without limited service -oriented commercial development.
2. Public Waters, Natural Environment. Generally small, often shallow lakes
with limited capacities for assimilating the impacts of development and
recreational use. They often have adjacent lands with substantial
constraints for development such as high water tables, exposed bedrock,
and unsuitable soils. These lakes, particularly in rural areas, usually do
not have much existing development or recreational use.
3. Public Waters, Recreational Development. Generally medium sized lakes
of varying depths and shapes with a variety of landform, soil and ground
water situations on the lands around them. They often are characterized
by moderate levels of recreational use and existing development.
Development consists mainly of seasonal and year round residences and
recreational -oriented commercial uses. Many of these lakes have
capacities for accommodating additional development and use.
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4. Public Waters, Tributary Rivers. Segments consisting of watercourses
mapped in the Protected Waters Inventory that have not been assigned
one of the river classes. These segments have a wide variety of existing
land and recreational use characteristics. The segments have
considerable potential for additional development and recreational use,
particularly those located near roads and cities.
Publication. Notice placed in the official City newspaper stating time, location
and date of meeting and description of the topic.
Quadraminium. A single structure which contains four (4) separately owned
dwelling units, all of which have individually separate entrances from the exterior
of the structure.
Quarter -Quarter Section. The northeast, northwest, southwest or southeast
quarter of a quarter section delineated by the United States Government system
of land survey and which is exactly or nearly forty (40) acres in size.
Recreation Area. 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, playground, 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.
Recreational Vehicle. A vehicle designed and used for recreational purposes
and enjoyment including, but not limited to, snowmobiles, motorized all terrain
vehicles, boats, boat trailers, race cars, travel trailers, truck campers, camping
trailers, and self-propelled motor homes.
Regulatory Flood Protection Elevation. A point not Tess than one (1) foot
above the elevation of the floodplain, plus any increases in flood heights
attributable to encroachments on the floodplain. It is the elevation to which uses
regulated by this Ordinance are required to be elevated or flood proofed.
Relative. Father, mother, brother, sister, son, daughter, son-in-law or daughter-
in-law.
Residential Facility, State Licensed. Any program, defined by Minnesota
Statutes section 245A.02, subdivision 14, that provides twenty four (24) hour a
day care, supervision, food, lodging, rehabilitation, training, education,
habilitation, or treatment outside a person's own home, including a nursing home
or hospital that receives public funds, administered by the commissioner of the
Department of Human Services to provide services for five (5) or more persons
whose primary diagnosis is mental retardation or a related condition or mental
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illness and who do not have a significant physical or medical problem that
necessitates nursing home care; a program in an intermediate care facility for
four (4) or more persons with mental retardation or a related condition; a nursing
home or hospital that was licensed by the commissioner of the Department of
Human Services on July 1, 1987, to provide a program for persons with a
physical handicap that is not the result of the normal aging process and
considered to be a chronic condition; and chemical dependency or chemical
abuse programs that are located in a hospital or nursing home and receive public
funds for providing chemical abuse or chemical dependency treatment services
under Minnesota Statutes 254B. Residential programs include home and
community -based services for persons with mental retardation or a related
condition that are provided in or outside of a person's own home.
Restrictive Covenant. A restriction on the use of land usually set forth in the
deed.
Sanitary Land Fill. A site used for solid waste disposal.
School. Any building or part thereof which is designed, constructed or used for
educational or instruction in any branch of knowledge.
School, Private. Any building or group of buildings the use of which meets state
requirements for primary, secondary, or higher education and which use does not
secure the major part of its funding of any governmental agency.
Setback. The minimum horizontal distance between a structure, individual
sewage treatment system, or other facility, and an ordinary high water level,
sewage treatment system, top of bluff, road, highway, property line, or other
facility.
Setback Line. That line that is the required minimum distance from the street
right-of-way line or any other lot line that establishes the area within which the
principal structure must be erected or placed.
Shoreland. Land located within the following distances from public waters: one
thousand (1000) feet from the ordinary high water level of a lake, pond or
flowage and three hundred (300) feet from a river or stream or the landward
extent of a floodplain designated in Chapter 1102 of the City Code on a river or
stream, whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic divides which extend
landward from the waters for lesser distances and when approved by the
Commissioner of Natural Resources.
Shoreland Impact Zone. Land located between the ordinary high water level
of a public water and a line parallel to it at a setback of fifty (50) percent of the
structure setback.
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Sign. Any object, device, display or structure, or part thereof, situated outdoors
or indoors, which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product, service, event or
location by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination or projected images.
Sign Area. The entire face of a sign including the advertising surface and any
framing, trim or molding, but not including the supporting structure.
Significant Tree. — See definition of Tree.
Specimen Tree. — See definition of Tree.
Site Plan. The development plan for one or more lots on which is shown the
existing and proposed conditions of the lot including: topography, vegetation,
drainage, floodplains, marshes and waterways, open spaces, walkways, means
of ingress and egress, utility services, landscaping, structures and signs, lighting
and screening device; any other information that reasonably may be required in
order that an informed decision can be made by the approving authority.
Slope. The degree of deviation of a surface from the horizontal, usually,
expressed in percent or degrees.
Soil Conservation Plan. A description of the soils of the site and information on
soil suitability. Also included shall be any remedial steps taken by the developer
to render the soils suitable and any erosion and sedimentation controls indicating
type and location of control measures. The plan should provide for the protection
of soils during the construction process and/or the long-term occupancy of the
site.
Sport Court. A facility that typically includes a paved playing surface for one or
more sport activities such as, but not limited to, tennis, basketball, or volleyball.
Stable, Commercial. The business of boarding horses for fee for persons not
residing on the premises and may include instruction, exhibition and sale of
horses. This shall include the raising and breeding of horses.
Steep Slope. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the
site's soil characteristics, as mapped and described in available county soil
surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provisions of
this Ordinance. Where specific information is not available, steep slopes are
lands having average slopes over twelve (12) percent, as measured over
horizontal distances of fifty (50) feet or more, that are not bluffs.
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Storage Building. A one-story accessory building used or intended for the
storage of hobby tools, garden equipment, workshop equipment, boats,
snowmobiles, etc.
Storage, Exterior or Outdoor. See "exterior storage."
Story. That portion of a building included between the upper surface of any floor
and the upper surface of the floor next above, except that the topmost story shall
be that upper surface of the topmost floor and the ceiling or roof above. If the
finished floor level directly above a basement or unused under -floor space is
more than six (6) feet above grade as defined herein for more than fifty (50)
percent of the total perimeter or is more than twelve (12) feet above grade as
defined herein at any point, such basement or unused under -floor space shall be
considered as a story.
Story, First. The lowest story in a building which qualifies as a story, as defined
herein, except that a floor level in a building having only one floor level shall be
classified as a first story, provided such floor level is not more than four (4) feet
below grade, as defined herein, for more than fifty (50) percent of the total
perimeter, or more than eight (8) feet below grade, as defined herein, at any
point.
Street. A right-of-way affording access by pedestrians and vehicles, whether
designated as a street, highway, thoroughfare, parkway, throughway, road,
avenue, boulevard, court, way, trail or however otherwise designated. Private,
ingress and egress easements shall not be considered streets.
Street, Cul-de-Sac. A local street, one end of which is closed and consists of a
circular turn around.
Street, Collector. A street which collects traffic from local streets and connects
with minor and major arterials. See City's Functional Classification System for
Roadways contained in the Comprehensive Plan.
Street, Local. A street designed to provide vehicular access to abutting property
and to discourage through traffic. See City's Functional Classification System for
Roadways contained in the Comprehensive Plan.
Street, Minor Arterial. A street with signals at important intersections and stop
signs on the side streets, and which collects and distributes traffic to and from
collector streets. See City's Functional Classification System for Roadways
contained in the Comprehensive Plan.
Structure. Anything which is built, constructed or erected, an edifice or building
of any kind, or any piece of work artificially built up and/or composed of parts
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joined together in some definite manner whether temporary or permanent in
character.
Structure Alteration. Any change in either the supporting members of a
building, such as bearing walls, columns, beams and girders, or in the
dimensions or configurations of the roof or exterior walls.
Substantial Improvement. Any extension, repair, reconstruction, or other
improvement of a property, the cost of which equals or exceeds fifty (50) percent
of the fair market value of a property either before the improvement is started or if
the property has been damaged and is being restored, before the damage
occurred.
Swimming Pool. A water -filled enclosure, permanently constructed or portable,
having a depth of more than eighteen (18) inches below the level of the
surrounding land, or an above surface pool having a depth of more than thirty
(30) inches designed, used and maintained for swimming and bathing.
Temporary Structure. A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which the
temporary structure was erected has ceased.
Terrace. A raised flat area with sloping sides or sides held by retaining walls,
unroofed and landscaped or surfaced.
Tool Shed. A small one-story accessory building used or intended for the
storage of hobby tools and garden equipment.
Topography. The configuration of a surface area showing relative elevations.
Townhouse. A single family dwelling unit constructed in a group of three or
more attached units in which each unit extends from foundation to roof and with
open space on at least two sides.
Travel Trailer. A recreational vehicle that is towed by a car or a truck.
Tree. Any of the following type of trees, as each is defined herein:
1. Coniferous Tree. A woody plant which, at maturity, is at least twelve (12)
feet or more in height, having foliage on the outermost portion of the
branches year round.
2. Deciduous Tree. A woody plant which, at maturity, is at least fifteen (15)
feet or more in height, having a defined crown, and which sheds leaves
annually.
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3. Significant Tree. A healthy tree measuring a minimum of six (6) inches in
diameter for deciduous trees, or a minimum of twelve (12) feet in height
for coniferous trees.
4. Significant Tree Stand. A grouping or cluster of coniferous and/or
deciduous trees with contiguous crown cover, occupying five hundred
(500) or more square feet of property, which are comprised of deciduous
trees six (6) inches or larger in diameter or coniferous trees twelve (12)
feet or higher in height.
5. Specimen Tree. A healthy hardwood tree measuring equal to or greater
than thirty (30) inches in diameter and/or a coniferous tree measuring fifty
(50) feet or greater in height.
Tree Certification. A certified inventory of trees on the site after work is
complete listing all trees and their final disposition, which is signed by a licensed
forester or landscape architect.
Tree Preservation Plan. A plan and inventory certified by a forester or
landscape architect indicating all of the significant trees and their locations in the
proposed development or on the lot. The tree preservation plan shall include the
size, species, tag numbers, and location of all significant trees proposed to be
saved and removed on the area of development, and the measures proposed to
protect the significant trees to be saved.
Trucking Terminal. Land or buildings used primarily as a relay station for the
transfer of freight from one vehicle to another or one party to another rather than
permanent or long term storage. The terminal facility might include storage
areas for trucks and buildings for truck maintenance and repair.
Variance. A modification of the strict provisions of this Ordinance as applied to a
specific piece of property in order to provide relief for a property owner because
of undue hardship imposed upon the property by this Ordinance. A variance
shall normally be limited to height, density and yard requirements. A modification
in the allowable uses within a district shall not be considered a variance.
Wading Pool. An above -ground or in -ground structure containing Tess than
eighteen (18) inches of water.
Warehouse. A building used for warehousing.
Warehousing and Distribution. The storage, wholesaling, or distribution of
manufactured products, supplies, and equipment.
Waterbody or Watercourse. Any natural or man-made passageway on the
surface of the earth so situated and having such a topographical nature that
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surface water stands or flows through it from other areas. The term includes
ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes,
streams, wetland areas, and any other open surface water flow which is the
result of storm water or ground water discharge. This term does not include
man-made piping systems commonly referred to as storm sewers.
Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Wetlands. An area where water stands near, or above the soil surface during a
significant portion of most years, saturating the soil and supporting a
predominantly aquatic form of vegetation, and which may have the following
characteristics:
1. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge
meadow, shrub land, southern lowland forest (lowland hardwood), and
northern lowland forest (conifer swamp) communities. (These
communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8
described by the United States Fish and Wildlife Service, Circular 39,
"Wetlands of the U.S. 1956".)
2. Mineral soils with gley horizons or organic soils belonging to the Histosol
order (peat and mulch).
3. Soil which is water logged or covered with water at least three (3) months
of the year.
4. Swamps, bogs, marshes, potholes, wet meadows, and sloughs are
wetlands, and such property, may be shallow water bodies, the waters of
which are stagnant or actuated by very feeble currents, and may at times
be sufficiently dry to permit tillage, but would require drainage to be made
arable. The edge of a wetland is commonly that point where the natural
vegetation changes from predominantly aquatic to preeminently terrestrial.
Yard. An open space that lies between the principal or accessory building or
buildings and the nearest lot line. Such yard is unoccupied and unobstructed
from the ground upward except as may be specifically provided in the Zoning
Ordinance.
Yard, Front. An open space that lies between the principal or accessory building
or buildings and the nearest lot line. Such yard is unoccupied and unobstructed
from the ground upward except as may be specifically provided in the Zoning
Ordinance.
Yard, Rear. A yard extending across the full width of the lot and lying between
the rear line of the lot and the nearest line of the principal building.
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Yard, Side. A yard on each side of the building between the building and the
side line of the lot and extending from the front yard to the rear yard.
Zero Lot Line. The location of a building on a lot in such a manner that one or
more of the building's sides rests directly on a lot line.
Zoning Administrator. The Community Development Director, who is charged
with the administration and enforcement of this Ordinance.
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SECTION 2. ADMINISTRATION
Subd. 1. Administration: Amendments and Rezonings. In accordance with the
provisions of Minnesota Statutes, the City Council may from time to time amend the
Zoning Ordinance text or map (rezoning). Amendments may be initiated by City
Council, Planning and Zoning Board, or property owner. The procedure for an
amendment to the Zoning Ordinance or Zoning District Map (rezone) shall be as
follows:
A. Persons wishing to initiate an amendment shall submit a "Land Use Application
Form" accompanied by a fee as required in Section 1, Subd. 1.1. of this
ordinance to be used for the costs of processing the application. The Land Use
Application Form shall be filed with the Zoning Administrator. The request for
amendment shall be placed on the agenda of the Planning and Zoning Board
according to the City's deadline and meeting schedule. The request shall be
considered officially submitted and the application approval time line commences
when all the information requirements are complied with.
B. Property owners or occupants within six hundred (600) feet of any property
proposed for zoning district amendment (rezoning) shall be notified in writing,
although failure by any property owner to receive notification shall not invalidate
the proceedings, provided that proof of an attempt at notification has been made.
Notification shall be by first-class mail. A notice shall be published in the
newspaper and mailed to property owners at least ten (10) days prior to the day
of the public hearing. Such notification shall include the Affidavit of Mailing
completed by the City and a list of all persons who have been notified pursuant
to this section. In the case of rezoning shoreland, as defined by Lino Lakes
Ordinance, all property owners or occupants of property, which abut the
shoreline, shall be notified in writing of any property proposed for any zoning
district amendment (rezoning), even though their property may be beyond the six
hundred (600) feet previously contemplated in this section.
C. Depending on the project and as determined by the Community Development
Director, either site and building plans consistent with the requirements
established in Section 2, Subd. 6. or information required by Chapter 1000 of
the City Code for a plat submittal, shall be provided prior to Planning and Zoning
Board review.
D. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing
a recommendation of the action to the City Council.
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E. The Planning and Zoning Board shall consider possible adverse effects of the
proposed amendment. Its judgement shall be based upon, but not limited to, the
following factors:
1. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land
uses of the area.
3. The proposed use conforms with all performance standards contained
herein.
4. The proposed use can be accommodated with existing public services
and will not overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets
serving the property.
F. A public hearing on the rezoning application shall be held by the Planning and
Zoning Board or City Council.
G. The City Council must approve or deny the application for zoning amendment
request within sixty (60) days of receiving all required information. The sixty (60)
day time limit starts over only if the City sends notice, within ten (10) business
days, of receipt of the request, telling the applicant what information is missing.
The City may extend the sixty (60) day time limit before the end of such time limit
by providing written notice of the extension to the applicant. The notification
shall state the reasons for the extension and its anticipated length, which may
not exceed sixty (60) days, unless approved by the applicant. Failure of the City
Council to deny an application within sixty (60) days is approval of the request. If
the City Council denies a request, it shall state in writing the reasons for the
denial at the time it denies the request.
H. Approval of a proposed amendment shall require passage by a majority vote of
all members of the City Council except that the adoption or amendment of any
portion of a zoning ordinance which changes all or part of the existing
classification of a zoning district from residential to either commercial or industrial
requires a four -fifths (4/5) majority vote of all members of the City Council.
I. The amendment shall not become effective until such time as the City Council
approves an ordinance reflecting said amendment and after said ordinance is
published in the official newspaper. An emergency ordinance shall take effect
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immediately upon its adoption or at such later date as it specifies. Every other
ordinance shall take effect thirty (30) days after its publication or at such later
date as it specifies.
J. No application for a zoning amendment or rezoning which has been denied shall
be resubmitted for a period of twelve (12) months from the date of said order of
denial.
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Subd. 2. Administration: Conditional Use Permits.
A. 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 Sections 5 through 9 of this ordinance.
B. Procedure.
1. The person applying for a conditional use permit shall fill out and submit to
the Zoning Administrator a "Land Use Application Form" together with a
fee as established by City Council resolution. The request for conditional
use permit shall be placed on the agenda of the Planning & Zoning Board
according to the City's deadline and meeting schedule. The request shall
be considered officially submitted and the application approval time line
commences when all the information requirements are complied with.
2. A public hearing on the conditional use permits shall be held by the
Planning and Zoning Board or the City Council.
3. At least ten (10) days prior to the public hearing; notice of the purpose,
time and place of such public hearing shall be published in the official
newspaper of the City and mailed to the property owners within three
hundred fifty (350) feet of the property in question. Failure of any property
owner to receive the mailed notification shall not invalidate the
proceedings.
4. The applicant or his representative must appear before the Planning and
Zoning Board in order to answer questions concerning the proposed
conditional use.
5. Site and building plans consistent with the requirements established in
Section 2, Subd. 5.B shall be provided prior to Planning and Zoning Board
review.
6. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate and provide general
assistance in preparing a recommendation of the action to the City
Council.
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7 Standards. The Planning and Zoning Board shall recommend a
conditional use permit and the Council shall order the issuance of such
permit only if it finds the following criteria have been met:
a. The proposed development application has been found to be
consistent with the policies and recommendations of the Lino
Lakes Comprehensive Plan including:
1) Land Use Plan.
2) Transportation Plan.
3) Utility (Sewer and Water) Plans.
4) Local Water Management Plan.
5) Capital Improvement Plan.
6) Policy Plan.
7) Natural Environment Plan.
b. The proposed development application is compatible with present
and future land uses of the area.
c. The proposed development application conforms to performance
standards herein and other applicable City Codes.
d. Traffic generated by a proposed development application is within
the capabilities of the City when:
1) If the existing level of service (LOS) outside of the proposed
subdivision is A or B, traffic generated by a proposed
subdivision will not degrade the level of service more than
one grade.
2) If the existing LOS outside of the proposed subdivision is C,
traffic generated by a proposed subdivision will not degrade
the level of service below C.
3) If the existing LOS outside of the proposed subdivision is D,
traffic generated by a proposed subdivision will not degrade
the level of service below D.
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4) The existing LOS must be D or better for all streets and
intersections providing access to the subdivision. If the
existing level of service is E or F, the subdivision developer
must provide, as part of the proposed project, improvements
needed to ensure a level of service D or better.
5) Existing roads and intersections providing access to the
subdivision must have the structural capacity to
accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural
deficiencies.
6) The traffic generated from a proposed subdivision shall not
require City street improvements that are inconsistent with
the Lino Lakes Capital Improvement Plan. However, the
City may, at its discretion, consider developer -financed
improvements to correct any street deficiencies.
7) The LOS requirements in paragraphs a. to d. above do not
apply to the I-35W/Lake Drive or I-35E/Main St.
interchanges. At City discretion, interchange impacts must
be evaluated in conjunction with Anoka County and the
Minnesota Dept. of Transportation, and a plan must be
prepared to determine improvements needed to resolve
deficiencies. This plan must determine traffic generated by
the subdivision project, how this traffic contributes to the
total traffic, and the time frame of the improvements. The
plan also must examine financing options, including project
contribution and cost sharing among other jurisdictions and
other properties, that contribute to traffic at the interchange.
8) The City does not relinquish any rights of local
determination.
9) The proposed development shall be served with adequate
and safe water supply.
10) The proposed development shall be served with an
adequate and safe sanitary sewer system.
11) The proposed development shall not result in the premature
expenditures of City funds on capital improvements
necessary to accommodate the proposed development.
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e. 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.
f. Will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance.
8. Whether the Planning and Zoning Board recommends denial or approval
of a conditional use permit or the Council orders such denial or approval,
it shall include in its recommendations or determination findings as to the
ways in which the proposed use does or does not comply with the
standards established in this Ordinance.
9. The City Council must approve or deny the application for amendment or
conditional use permit requests within sixty (60) days of receiving all
required information. The sixty (60) day time limit starts over only if the
City sends notice, within ten (10) business days of receipt of the request,
telling the applicant what information is missing. The City may extend the
sixty (60) day time limit before the end of such time limit by providing
written notice of the extension to the applicant. The notification must state
the reasons for the extension and its anticipated length, which may not
exceed sixty (60) days, unless approved by the applicant. Failure of the
City Council to deny an application within sixty (60) days is approval of the
request. If the City Council denies a request, it must state in writing the
reasons for the denial at the time it denies the request.
10. Following approval of the conditional use permit, the City shall file a
certified copy thereof including a legal description of the property with the
County Recorder and/or Registrar of Title.
11. If construction has not begun within one (1) year after the date of the
conditional use permit, or if substantial construction has not taken place
within three (3) years after the date of issuance of the conditional use
permit, the permit is void. A conditional use specified in the permit expires
if, for any reason, the authorized use ceases for more than one (1) year.
12. 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.
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13. Any change involving structural alteration, enlargement, intensification of
use, or similar change not specifically permitted by the conditional use
permit issued shall require an amended conditional use permit and all
procedures shall apply as if a new permit were being issued. An
amended conditional use permit application and requests for changes in
conditions shall be administered in a manner similar to that required for a
conditional use permit.
14. All uses existing as of July 14, 1997 that are included in the list of
conditional uses for the zoning district in which they are located shall be
considered as having a conditional use permit which contains conditions
that permit the land use and structures as they existed on said date. Any
enlargement, structural alteration, or intensification of such use shall
require an amended conditional use permit as provided for above.
15. 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.
C. Revocation. If an approved conditional use permit is in violation of this
Ordinance or the conditions of permit approval, the City may initiate a process to
revoke the conditional use permit. The City shall then conduct a public hearing
to consider the revocation of a conditional use permit. Notifications shall be
distributed and published according to paragraph B.3. The public hearing shall
be conducted by the Planning & Zoning Board, which shall make a
recommendation to the City Council. In considering revocation, the Board and
the City Council shall consider compliance with the approved conditions of the
conditional use permit and the standards listed in paragraph B.7. The City may
also conduct a public hearing and consider revocation if the time requirements of
paragraph B.11. have not been met.
Following a vote by the City Council to revoke the conditional use permit, the
City shall file a certified copy thereof including a legal description of the property
with the County Recorder and/or Registrar of Title.
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Subd. 3. Administration: Interim Use Permits.
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction.
2. To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a permitted or
conditional use allowed within the respective district.
3. To allow a use which is reflective of anticipated long range change to an
area and which is in compliance with the Comprehensive Plan provided
that said use maintains harmony and compatibility with surrounding uses
and is in keeping with the architectural character and design standards of
existing uses and development.
B. Procedure.
1. Existing Uses. All uses existing as of July 14, 1997 that are included in
the list of interim uses for the zoning district in which they are located shall
be considered as having an interim use permit which contains conditions
that permit the land use and structures as they existed on said date. Any
enlargement, structural alteration, or intensification of such use shall
require an amended interim use permit regulated by the Section 2, Subd.
3. of this Ordinance and shall be processed according to the submittal
requirements, standards and procedures for a conditional use permit as
established by Section 2, Subd. 2. of this Ordinance.
2. New Uses. Uses defined as interim uses which do not presently exist
within a respective zoning district shall be processed according to the
submittal requirements, standards and procedures for a conditional use
permit as established by Section 2, Subd. 2. of this Ordinance.
C. General Standards. An interim use shall comply with the following:
1. Existing Uses. Existing uses shall be in conformance with zoning and
building standards in effect at the time of initial construction and
development, and may not be enlarged or expanded except under the
terms for newly established uses, and shall continue to be governed by
such regulations in the future.
2. New Uses.
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a. Meets the standards of a conditional use permit set forth in Section
2, Subd. 2 of this Ordinance.
b. Conforms to the applicable performance standards of this
Ordinance.
c. The use is allowed in an interim use in the respective zoning
district.
d. The date or event that will terminate the use can be identified with
certainty.
e. The use will not impose additional costs on the public if it is
necessary for the public to take the property in the future.
f. The user agrees to any conditions that the City Council deem
appropriate for permission of the use.
D. Termination. An interim use shall terminate on the happening of any of the
following events, whichever first occurs:
1. The date stated in the permit.
2. Upon violation of conditions under which the permit was issued.
3. Upon change in the City's zoning regulations which renders the use non-
conforming.
4. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
E. Revocation. If an approved interim use permit is in violation of this Ordinance
or the conditions of permit approval, the City may initiate a process to revoke the
interim use permit. The City shall then conduct a public hearing to consider the
revocation of an interim use permit. Notifications shall be distributed and
published according to paragraph B. The public hearing shall be conducted by
the Planning & Zoning Board, which shall make a recommendation to the City
Council. In considering revocation, the Board and the City Council shall consider
compliance with the approved conditions of the interim use permit and the
standards listed in paragraph C.
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Subd. 4. Administration: Variances and Appeals.
A. Variances. Variances from the literal provisions of the ordinance may be
granted in instances where their strict enforcement would cause undue 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 question 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 physical circumstances
unique to his property not created by the land owner.
c. That the hardship is not due to economic considerations alone if
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 be in keeping with the spirit and
intent of the ordinance.
2. Variance Procedure. The City shall decide upon requests for variance by
approving or denying the same in part or in whole. The procedure for
granting variances is as follows:
a. A person desiring a variance shall fill out and submit to the Zoning
Administrator or his/her designee a "Land Use Application Form",
together with a fee as established by City Council
resolution/ordinance and all related material to document said
hardship.
b. The request for variance shall be placed on the agenda of the
Planning and Zoning Board according to the City's deadline and
meeting schedule. The request shall be considered as being
officially submitted and the application approval timeline
commences when all the information requirements are complied
with.
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c. The City Council shall approve or deny the application for a
variance within sixty (60) days of receiving all required information.
The sixty (60) day time limit starts over only if the City sends notice,
within ten (10) business days of receipt of the request, telling the
applicant what information is missing. The City may extend the
sixty (60) day time limit before the end of such time limit by
providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its
anticipated length, which may not exceed sixty (60) days, unless
approved by the applicant. Failure of the City Council to deny an
application within sixty (60) days is approval of the request. If the
City Council denies a request, it must state in writing the reasons
for the denial at the time it denies the request.
d. The petitioner or representative may appear before the Planning
and Zoning Board in order to present information or to answer
questions.
e. 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.
f. Following approval of the variance, the City shall file a certified
copy thereof including a legal description of the property with the
County Recorder or Registrar of Titles.
3. Submittal Requirements. Applications for variances shall be filed with
the Community Development Department and shall be accompanied by
the following submittal information:
a. Proof of title and contract/purchase agreement and/or property
owner signature on the application form when applicable.
b. Eight (8) large scale copies and reduced (11" x 17") copies of
detailed written materials, plans and specifications to include the
following information:
Note: One/two additional large scale copies shall be provided for each of the
following, if applicable:
• Project adjacent to a County Road or County State Aid Highway — (2 sets)
• Project adjacent to a State Highway or Interstate Highway — (2 sets)
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• Project lies within a Shoreland District — (1 set)
c. Certificate of survey prepared by a licensed land surveyor
identifying the following: The Community Development Department
may waive the certificate of survey when the survey will not provide
information relevant to the variance necessary to review the
application.
1) Scale (engineering only) at not less than one (1) inch equals
one hundred (100) feet.
2) North point indication.
3) Existing boundaries with lot dimension and lot area.
4) Existing buildings, structures and improvements.
5) Easements of record.
6) Delineated wetland boundary, to include the OHWL of any
lakes or DNR waters.
7) All encroachments.
8) Legal description.
d. Graphic information, plans, specifications, or other materials that
illustrate the requested variance.
e. Narrative description of the unique hardship associated with the
property that warrants the consideration of the variance, to include:
1) That the property in question cannot be put to reasonable
use if used under the conditions allowed by the official
controls.
2) That the plight of the landowner is due to physical
circumstances unique to the property not created by the
landowner.
3) That the hardship is not due to economic considerations
alone if a reasonable use for the property exists under the
terms of the ordinance.
4) That granting the variance requested will not confer on the
applicant any special privilege that would be denied by this
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ordinance to other lands, structures, or buildings in the same
district.
5) That the proposed actions will be in keeping with the spirit
and intent of the ordinance.
B. Appeal Procedure. An appeal shall only be applicable to an administrative
permit, order, requirement or interpretation of intent of provisions of this
Ordinance. Opinions and evaluations as they pertain to the impact or result of a
request are not subject to the appeal procedure. The City Council shall be the
Board of Appeals and Adjustments with powers listed in Minnesota Statutes
462.357, subdivision 6.
1. Appeal Procedures.
a. An appeal from an administrative action shall be filed by the
property owner or their agent with the Zoning Administrator within
ten (10) days after the making of the order, requirement, or
interpretation being appealed.
b. The property owner or their agent shall file with the Zoning
Administrator an application for appeal stating the specific grounds
upon which the appeal is made. Said application shall be
accompanied by a fee as established by City Council ordinance. In
cases where the application is judged to be incomplete, the Zoning
Administrator shall notify the applicant, in writing, within ten (10)
days of the date of submission.
c. An appeal stays all proceedings and the furtherance of the action
being appealed unless it is certified to the Board of Adjustment
Appeals, after the notice of appeal is filed, that by reason of facts
stated in the certificate a stay would cause imminent peril to life
and property.
d. The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports when appropriate and shall
provide general assistance in preparing a recommendation on the
action to the Board of Adjustments and Appeals.
e. The Board of Appeals and Adjustment shall consider the
application for appeal at a public meeting and consider testimony of
the property owner and City staff.
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f. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment
and Appeals shall make its decision by resolution within sixty (60)
days from the date on which a completed application is filed, unless
the review is extended as allowed by MN Stat. 15.99.
g.
The Zoning Administrator shall serve a copy of the final order of the
Board upon the applicant by mail.
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Subd. 5. Administration: Administrative Permits and Approvals.
A. Purpose. The purpose of this section is to establish regulations and
procedures for the processing and consideration of activities allowed by
administrative permit, and of matters requiring the approvals of the Zoning
Administrator with the goal of protecting the health, safety, and welfare of the
citizens of the City.
B. Procedure.
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on forms to be
provided by the City.
2. Applications for administrative permits or administrative approvals shall be
accompanied by a non-refundable fee as established by City Council
ordinance.
3. The Zoning Administrator shall review the applications and related
materials and shall determine whether the proposal is in compliance with
all applicable evaluation criteria, codes, ordinances, and applicable
performance standards set forth in this Ordinance. The Zoning
Administrator shall notify the applicant, in writing, of any incomplete
application within ten (10) days of the date of submission.
4. The Zoning Administrator's review is based upon the following factors:
a. The proposed development application has been found to be
consistent with the policies and recommendations of the Lino
Lakes Comprehensive Plan including:
1) Land Use Plan.
2) Transportation Plan.
3) Utility (Sewer and Water) Plans.
4) Local Water Management Plan.
5) Capital Improvement Plan.
6) Policy Plan
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7) Natural Environment Plan
b. The proposed development application is compatible with present
and future land uses of the area.
c. The proposed development application conforms to performance
standards herein and other applicable City Codes.
d. Traffic generated by a proposed development application is within
the capabilities of the City when:
1) Traffic generated by a proposed development will not
degrade the level of service outside of the proposed
development to a level worse than the existing level of
service. (Level of service as defined by the Highway
Capacity Manual.)
2) The existing level of service must be D or better for any
street providing access to the development. If the existing
level of service is E or F, the subdivision developer must
provide, as part of the proposed project, improvements
needed to ensure a level of service D or better.
3) Existing roads providing access to the development have
the structural capacity to accommodate projected traffic from
the proposed subdivision or the developer will pay to correct
any structural deficiencies.
4) The traffic generated from a proposed development shall not
require City street improvements that are inconsistent with
the Lino Lakes Capital Improvement Plan or the developer
shall pay to correct any street deficiencies.
e. The proposed development shall be served with adequate and safe
water supply.
f. The proposed development shall be served with an adequate and
safe sanitary sewer system.
g.
The proposed development shall not result in the premature
expenditures of City funds on capital improvements necessary to
accommodate the proposed development.
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5. The Zoning Administrator shall make a determination on approval or
denial of the administrative permit within sixty (60) days from the date of
submission of a complete application unless the review is extended as
allowed by MN Stat. 15.99.
6. A written report or letter of approval shall be issued to the applicant when
a determination of compliance has been made. Specific conditions to
assure compliance with applicable evaluation criteria, codes, ordinances,
and the standards of this Ordinance shall be attached to the permit or
letter.
7 Determination of non-compliance with applicable codes, ordinances, and
the standards in this paragraph shall be communicated to the applicant in
writing and the application for the permit shall be considered denied;
unless, within ten (10) days of the date of such notice, the applicant
submits revised plans and/or information with which the Zoning
Administrator is able to determine compliance.
8. Unresolved disputes as to administrative application of the requirements
of this paragraph shall be subject to appeal as outlined in Section 2,
Subd. 4. of this Ordinance.
C. Information Requirement. The information required for all administrative
permit or approval applications shall include:
1. The applicant shall include as part of the application, the applicable
submission information as identified in Section 2, Subd. 6, Site and
Building Plan Review. The Zoning Administrator may waive submission
information not deemed necessary for the administrative review.
2. A concise statement describing the proposed use, event or activity,
including the purpose, type of merchandise involved, dates and times of
operation, number of employees involved, provisions for on -site security,
provisions for on -site parking, and other pertinent information required by
the Zoning Administrator to fully evaluate the application.
3. A copy of the current sales tax certificate issued by the State of
Minnesota, if applicable.
4. Information identified in Section 3, Subd. 5. of this Ordinance as may be
applicable.
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D. Performance Standards. All uses, events, or activities allowed by
administrative permit shall conform to the applicable standards outlined in the
zoning district in which such use, event or activity is proposed.
E. Administration and Enforcement.
1. The Zoning Administrator shall keep a record of applications and
administrative permits or approvals.
2. A copy of all administrative permits issued shall be forwarded to
appropriate staff as determined by the Zoning Administrator.
3. Enforcement of the provisions of this paragraph shall be in accordance
with Section 2, Subd. 9 of this Ordinance. Violation of an issued permit or
of the provisions of this section also shall be grounds for denial of future
permit applications.
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Subd. 6. Site and Building Plan Review.
A. General. All site and building plans for multiple family, commercial, industrial or
public/semi-public uses shall require review and approval by the Community
Development Department . Relocated structures shall also require a site and
building plan review as required by Sec. 3 Subd. 7.
B. Applications and Submittal Requirements. Applications for site and building
plan review shall be filed with the Zoning Administrator and shall be
accompanied by the appropriate fee and the following submittal information:
1. Proof of title and contract/purchase agreement and property owner
signature on the application form when applicable.
2. Eight (8) large scale copies and reduced (11" x 17") copies of detailed
written materials, plans and specifications. One electronic copy in a
format compatible with the City's computer system.
Note: One/two additional large scale copies shall be provided for each of the
following, if applicable:
• Project adjacent to a County Road or County State Aid Highway — (2 sets)
• Project adjacent to a State Highway or Interstate Highway — (2 sets)
• Project lies within a Shoreland District — (1 set)
3. Certificate of Survey prepared by a licensed land surveyor identifying the
following:
a. Scale (engineering only) at not less than one (1) inch equals one
hundred (100) feet.
b. North point indication.
c. Existing boundaries with lot dimension and lot area.
d. Existing buildings, structures and improvements.
e. Easements of record.
f. Delineated wetland boundary, to include the OHWL of any lakes or
DNR waters.
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g
All encroachments.
h. Legal description.
2. Site Plan using the current Certificate of Survey as a base depicting the
following:
a. Name of project or development.
b. Name and address of developer and/or owner.
c. Name and address of engineer/architect/designer.
d. Date of plan preparation and dates of any subsequent revisions.
e. All proposed improvements, including:
1) Required and proposed setbacks.
2) Location, setback and dimensions of all proposed buildings
and structures.
3) Location of all adjacent buildings and structures within one
hundred (100) feet of the exterior boundaries of the subject
property.
4) Location, number, dimensions of all proposed parking stalls,
loading areas and drive aisles, with curbing shown.
5) Location, width and setbacks of all proposed street
accesses and driveways.
6) Location, width and setbacks of all proposed sidewalks,
walkways and trails.
7) Location and type of all proposed lighting, including fixture
details.
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8) Provisions for storage and disposal of waste, garbage and
recyclables, including details for enclosing and screening
exterior containers.
f. Calculations for impervious/pervious surfaces.
3. Grading Plan (using the current Certificate of Survey as a base) depicting
the following:
a. Existing contours at two- (2) foot intervals.
b. Proposed grade elevations at two- (2) foot maximum intervals.
c. Drainage plan, including the configuration of drainage areas and
calculations.
d. Spot elevations.
e. Surface water ponding and treatment areas.
f. Erosion control measures.
g. Wetland replacement plan (when applicable).
h. Soil borings.
Drainage calculations for 2-, 10-, & 100-year storm events.
Delineated wetland boundary, to include OHWL of any lakes or
DNR waters.
k. Date of plan preparation and dates of any subsequent revisions.
4. Landscaping Plan using the current Certificate of Survey as a base
depicting the following:
a. Planting schedule including:
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1) Symbols.
2) Quantities.
3) Common and botanical names.
4) Sizes of plant materials.
5) Root specification (bare root, balled/burlapped, potted, etc.).
6) Special installation instructions.
b. Tree Preservation Plan: location, type and size of all significant
trees to be removed or preserved. (see tree plan requirements in
Sec. 3 Subd. 4.Q.4.)
c. Planting detail (show all species to scale at normal mature crown
diameter or spread for local hardiness zone).
d. Typical sections with details of fences, tie walls, planter boxes, tot
lots, picnic areas and the like.
e. Typical sections with details of landscape islands, planter beds,
and foundation plantings with identification of materials to be used.
f. Delineation of both sodded and seeded areas with respective areas
measured in square feet.
g.
Coverage plan for underground irrigation systems, if any.
h. Other existing or proposed conditions that could be anticipated to
affect landscaping.
i. Date of plan preparation and dates of any subsequent revisions.
5. Photometric Lighting Plan, to include fixture details/cut sheets/drawings.
a. Date of plan preparation and dates of any subsequent revisions.
6. Architectural Plans.
a. Date of plan preparation and dates of any subsequent revisions.
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b. Architectural elevations, IN COLOR, of all principal and accessory
buildings and structures (type, color, and materials used in all
exterior surfaces).
c. Typical floor plan and typical room plan drawn to scale with a
summary of square footage by use or activity.
7. Utility Plan.
a. Location of hydrants, valves and manholes, if any.
b. Location, sizing, and type of water and sewer system mains and
proposed service connections, hydrants, valves, and manholes; or,
c. Location and size of proposed primary and secondary on -site
treatment systems, when allowed.
d. Storm sewer, catch basins, invert elevation, type of castings and
type of materials (refer to Engineering Manual for City standards).
e. Date of plan preparations and dates of any subsequent revisions.
8. Other plans and information as may be required by the Zoning
Administrator which may include (but not be limited to) the following:
a. Location, type and size (area and height) of all signs to be erected
upon the subject property.
b. Vicinity map showing the subject property in relation to nearby
highways or major street intersections.
c. Sound source control plan.
d. Fire protection plan.
e. Proposed protective covenants or private restrictions.
f. Where landscaping or man-made materials are used to provide
screening from adjacent properties, a cross section shall be
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provided showing the perspective of the site from neighboring
properties at the property line elevation.
9. For applications for new communication towers, the application must
include information to demonstrate compliance with the provisions of
Section 3, Subd. 15, including but not limited to:
a. Demonstration that a significant gap in coverage exists that would
be resolved by the proposed location and that adequate service
cannot be provided utilizing existing structures within a two (2) mile
search radius of the proposed site.
b. Structural design information to ensure compliance with
manufacturer specifications and to ensure the tower can
accommodate additional antennas (co -location).
c. Authorization from the property owner if different from applicant.
d. Lease or agreement requiring removal of the tower and facilities
after cessation of use.
e. Copies of applicable federal, state, and local licenses, permits,
approvals.
C. Review.
1. The Zoning Administrator shall forward copies of the application and site
and building plans to the appropriate staff, consultants and governmental
agencies for review and recommendation. The Community Development
Department shall perform a review and approve or deny the application.
The Community Development Department may also suggest such
conditions as they deem necessary to the approval of the site and building
plans.
2. The Community Development Department shall approve or deny the
application for site and building plan review within sixty (60) days of
receiving all required information. The sixty (60) day time limit starts over
only if the City sends notice, within ten (10) business days, of receipt of
the request, telling the applicant what information is missing. The City
may extend the sixty (60) day time limit before the end of such time limit
by providing written notice of the extension to the applicant. The
notification shall state the reasons for the extension and its anticipated
length, which may not exceed sixty (60) days, unless approved by the
applicant. Failure of the Department to deny an application within sixty
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(60) days is approval of the request. If the Department denies a request,
it shall state in writing the reasons for the denial at the time it denies the
req uest.
3. The applicant may appeal any denial or decision by the Department
according to Section 2 Subdivision 4.
4. No application for a site and building plan review shall be resubmitted for
a period of twelve (12) months from the date of said order of denial.
5. The Community Development Department shall provide to the City
Council reports summarizing submitted site and building plan applications
and outcomes regarding approval or denial as they occur.
D. Design Standards. Plans which fail to meet the following criteria shall not be
approved.
1. The proposed development application must be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan
including:
a. Land Use Plan.
b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
2. The proposed development application is compatible with present and
future land uses of the area.
3. The proposed development application conforms to performance
standards herein and other applicable City Codes.
4. Traffic generated by a proposed development application is within the
capabilities of the City when:
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a. If the existing level of service (LOS) outside of the proposed
subdivision is A or B, traffic generated by a proposed subdivision
will not degrade the level of service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic
generated by a proposed subdivision will not degrade the level of
service below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic
generated by a proposed subdivision will not degrade the level of
service below D.
d. The existing LOS must be D or better for all streets and
intersections providing access to the subdivision. If the existing
level of service is E or F, the subdivision developer must provide,
as part of the proposed project, improvements needed to ensure a
level of service D or better.
e. Existing roads and intersections providing access to the subdivision
must have the structural capacity to accommodate projected traffic
from the proposed subdivision or the developer will pay to correct
any structural deficiencies.
f. The traffic generated from a proposed subdivision shall not require
City street improvements that are inconsistent with the Lino Lakes
Capital Improvement Plan. However, the City may, at its discretion,
consider developer -financed improvements to correct any street
deficiencies.
g.
The LOS requirements in paragraphs a. to d. above do not apply to
the I-35W/Lake Drive or I-35E/Main St. interchanges. At City
discretion, interchange impacts must be evaluated in conjunction
with Anoka County and the Minnesota Dept. of Transportation, and
a plan must be prepared to determine improvements needed to
resolve deficiencies. This plan must determine traffic generated
by the subdivision project, how this traffic contributes to the total
traffic, and the time frame of the improvements. The plan also
must examine financing options, including project contribution and
cost sharing among other jurisdictions and other properties that
contribute to traffic at the interchange.
h. The City does not relinquish any rights of local determination.
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5 The proposed development shall be served with adequate and safe water
supply.
6. The proposed development shall be served with an adequate or safe
sanitary sewer system.
7. The proposed development shall not result in the premature expenditures
of City funds on capital improvements necessary to accommodate the
proposed development.
8. 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.
E. Performance Standards. All uses shall comply with the requirements of this
section. In order to determine whether a proposed use will conform to the
requirements of this ordinance, the Zoning Administrator may obtain a qualified
consultant to testify, whose cost for services shall be borne by the applicant.
1. 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.
2. Activities authorized by site and building plan approval shall be initiated
within six (6) months. The time limits established in this paragraph may
be extended by the Zoning Administrator
3. The applicant or the owner of land affected by such site and building plan
review shall submit to the City at the time of site and building plan review
application an amount for fee and deposit as required by City resolution
or ordinance.
4. 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.
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Subd. 7. Duties of City Staff. The offices of the Zoning Administrator and Building
Official are hereby established; official(s) shall be appointed by the government body
and serve at its pleasure.
A. Duties of the Zoning Administrator. The Community Development Director
shall be the Zoning Administrator. The Zoning Administrator shall enforce the
provisions of this ordinance as provided herein; in addition to the duties and
powers of the Zoning Administrator under this Ordinance, express or implied,
the Zoning Administrator shall have the duty and power to:
1. Issue permits required by this ordinance.
2. Maintain all records necessary for the enforcement of this ordinance;
including, but not limited to, all data, maps, amendments, rezonings, and
conditional use permits, variances, appeal notices, certificates of
occupancy, and applications thereof, nonconforming uses.
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-officio, non -voting member of the Planning and Zoning
Board.
5. Perform all duties set forth in job description.
B. 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, the
Building Official 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. Perform all duties set forth in job description.
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Subd. 8. Certificate of Occupancy.
A. 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.
B. Application for a certificate of occupancy for a new building or for an existing
building which has been so altered or the reuse of any land may be filed with the
Building Official any time after the application for a building permit. The
Certificate of Occupancy shall be issued within ten (10) days after the
construction or alteration of such building or part thereof or site has been
completed in conformity with the provisions of this ordinance and building code.
Pending the issuance of said certificate, a temporary certificate of occupancy
may be issued, subject to the provisions of the building code and zoning
ordinance for a period not to exceed twelve (12) months during the completion of
the erection or the alteration of such a building. The temporary certificate shall
not be construed as in any way altering the respective rights, duties or
obligations of the owners or of the community relating to the use or occupancy of
the premises or any other matter, except under such restrictions and provisions
as will adequately insure the safety of the occupants. The use of any structure
for which a building permit is required or the use of any land shall be considered
a violation of this ordinance unless a certificate of occupancy has been issued.
C. 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.
D. A record of all certificates of occupancy shall be kept on file with the City.
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Subd. 9. Enforcement and Penalties.
A. Administration and Enforcement.
1. This Ordinance shall be administered and enforced by the Zoning
Administrator who is appointed by the City Council. The Zoning
Administrator may institute in the name of the City of Lino Lakes any
appropriate actions or proceedings against a violator as provided by
statute, ordinance, or code.
2. If the provisions of this Ordinance are being violated, the City shall notify,
in writing, the person responsible for such violations, indicating the nature
of the violation and ordering the action necessary to correct it. The City
shall order discontinuance of illegal use of land, buildings or structures;
removal of illegal buildings or structures or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done;
or shall take any other action authorized by this Section to insure
compliance with or to prevent violation of its provisions.
B. Penalties, Violations, and Enforcement. In addition to the remedies set out in
the paragraph above, the City may enforce any provisions of this Ordinance by
mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction.
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Subd. 10. PUD, Planned Unit Development.
A. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to
provide for the grouping of lots or buildings for development as an integrated,
coordinated unit as opposed to traditional parcel by parcel, piecemeal, or
sporadic approach to development. This section is intended to introduce
flexibility of site design and architecture for the conservation of land and open
space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further
intended that planned unit developments are to be characterized by central
management, integrated planning and architecture, joint and common use and
maintenance of parking, open space and other similar facilities, and harmonious
selection and efficient distribution of uses.
A residential conditional use permit PUD may include a variety of residential
units, including single family and multifamily units as long as it complies with the
density requirements. A non-residential conditional use permit PUD may include
a variety of commercial and/or industrial uses. A PUD that includes a mix of
residential and commercial/industrial uses must utilize the PUD zoning district as
described in Sec. 9 Subd. 3 of this ordinance.
The PUD, by allowing deviation from the strict provisions of this Ordinance
related to setbacks, heights, lot area, width and depths, yards, etc., by
conditional use permit or a mixture of uses by rezoning to a PUD District, is
intended to encourage:
1. A development pattern in harmony with the objectives of the
Comprehensive Plan.
2. Innovations in development that address growing demands for all styles of
economic expansion, greater variety in type, design, architectural
standards, and siting of structures through the conservation and more
efficient use of land in such developments.
3. The preservation and enhancement of desirable site characteristics such
as existing vegetation, natural topography and geologic features and the
prevention of soil erosion.
4. A creative use of land and related physical development which allows a
phased and orderly transition of varying land uses in close proximity to
each other.
5. An efficient use of land resulting in smaller networks of utilities and streets
thereby lowering development costs and public investments.
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6. Promotion of a desirable and creative environment that might be
prevented through the strict application of City zoning and subdivision
regulations.
B. General Requirements and Standards for a PUD.
1. Ownership. An application for PUD approval shall be filed by the
landowner or jointly by all landowners of the property included in a project.
The application and all submissions shall be directed to the development
of the property as a unified whole. In the case of multiple ownership, the
approved PUD shall be binding on all owners.
2. Comprehensive Plan Consistency. The proposed PUD shall be
consistent with the City Comprehensive Plan.
3. Public or Common Open Space. Public or common open space at least
sufficient to meet the minimum requirements established in this Ordinance
and such complementary structures and improvements as are necessary
and appropriate for the benefit and enjoyment of the residents of the PUD
shall be provided within the area of the PUD.
4. Operating and Maintenance Requirements for PUD Common Open
Space/Facilities. Whenever common open space or service facilities are
provided within the PUD, the PUD plan shall contain provisions to assure
the continued operation and maintenance of such open space and service
facilities to a predetermined reasonable standard. Common open space
and service facilities within a PUD may be placed under the ownership of
one or more of the following:
a. Landlord — Tenant. Landlord control, where only use by tenants is
anticipated.
b. Owners. Property owners association, provided all of the following
conditions are met:
1) Declaration of Covenants and Conditions. Prior to the use,
occupancy or sale of an individual building unit, parcel, tract,
townhouse, apartment, or common area, a declaration of
covenants, conditions and restrictions or an equivalent
document or a document, as specified by the Minnesota
Common Interest Ownership Act set out in Minnesota
Statutes, Chapter 515B and a set of floor plans, as specified
by Minnesota Statutes, Chapter 515B shall be filed with the
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City of Lino Lakes, said filing with the City to be made prior
to the filings of said declaration or document or floor plans
with the recording officers of Anoka County, Minnesota.
2) Open space may be owned in common by the property
owners created through subdivision of the original tract.
Management shall be the responsibility of that subdivision's
homeowner association. In the case where at least one (1)
open space is held in common ownership, a homeowner
association shall be established for that subdivision.
Membership in the association by all property owners in the
subdivision shall be mandatory. The homeowners
association documents or the declaration of covenants,
conditions and restrictions shall be submitted as part of the
preliminary plat application and shall contain the following
information:
a) The legal description of the common lands or
facilities.
b) The restrictions placed upon the use and enjoyment
of the lands or facilities including the persons or
entities entitled to enforce the restrictions.
c) A mechanism for resolving disputes among the
owners or association members.
d) A mechanism to assess and enforce the common
expenses for the land or facilities including upkeep
and maintenance expenses, real estate taxes, and
insurance premiums.
e) The conditions and timing of the transfer of ownership
and control of land or facilities to the association or to
common ownership.
3) Natural Habitat. Open space may be deeded to an
established land trust, a government agency, or non-profit
organization. Management shall be the responsibility of the
land trust or non-profit organization. Maintenance may be
performed by the neighborhood homeowner association,
through written agreement between the association and the
land trust or non-profit organization.
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a) Open space may be protected by establishing
conservation easements in perpetuity in favor of an
established land trust or non-profit organization as
provided in Minnesota Statutes 84.64 — 84.65.
Unless the document establishing the restrictions
specifically provides to the contrary, the City shall
have no responsibility for the maintenance or
management of the area subject to the restrictions.
The form and content of the deed or other instrument
establishing the restrictions must be approved by the
City prior to the execution and delivery thereof.
Notwithstanding any provision of this Ordinance to the
contrary, the City may, in cases where conservation
restrictions are utilized to meet open space dedication
requirements of this Ordinance, waive the
requirement that the area subject to the restrictions
be platted as a separate outlot.
b) Stormwater drainage systems located within open
spaces or the residential lots shall be covered by
utility and drainage easements dedicated on the final
plat to the City.
4) Neighborhood Recreational and Trail Corridor.
Recreational open space or trail corridors intended as public
parks or public trails shall be dedicated to the City.
Management and maintenance of the public recreational
areas shall be the responsibility of the City.
c. Staging. When a PUD provides for common or public open space,
the total area of common or public open space or land escrow
security in any stage of development, shall, at a minimum, bear the
same relationship to the total open space to be provided in the
entire PUD as the stages or units completed or under development
bear to the entire PUD.
5. Utilities.
a. Underground. All utilities serving a two family and townhome
development, including telephone, electricity, gas, and telecable,
shall be installed underground.
b. Public Utility Service. Separate public utility services shall be
provided to each unit unless exempted by the City Engineer.
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c. Water Connections. Where more than one (1) property is served
from the same service line, a shut off valve must be located in such
a way that each unit's service may be shut off and secured by the
City, in addition to the normally supplied shut off at the street.
d. Sewer Connections. Where more than one (1) unit is served by a
sanitary sewer lateral which exceeds three hundred (300) feet in
length, provision must be made for a manhole to allow adequate
cleaning and maintenance of the lateral. All maintenance and
cleaning shall be the responsibility of the property owners
association or owner.
6. Roadways, Private.
a. Design. Private roadways within the project shall have an
improved surface to twenty-six (26) feet or more in width and shall
be so designed as to permit the City fire trucks to provide
protection to each building.
b. Parking. No portion of the required private road system may be
used in calculating required off-street parking space or be used for
parking.
7. Development Agreement. Prior to a rezoning or the issuance of a building
permit as part of Planned Unit Development, the permit, applicant, builder,
or developer shall execute and deliver to the City Council a development
agreement. The agreement shall detail all use restrictions and required
on and off -site improvements conditional to the PUD rezoning or CUP
approval. The agreement shall provide for the installation within one (1)
year of the off -site and on -site improvements (exclusive of building permit)
as approved by the City Council, secured by a cash escrow or letter of
credit in an amount and with surety and conditions satisfactory to the City,
to insure the City that such improvements will be actually constructed and
installed according to specifications and plans approved by the City as
expressed in such agreement.
C. Rural Residential Planned Unit Development Requirements.
1. Purpose. It is the intent of this section to establish special requirements
for the granting of a conditional use permit for rural (without City water or
sanitary sewer) residential conservation subdivision PUD project in order
to promote:
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a. Preservation of productive land for agricultural use.
b. Preservation of wildlife habitat and unique natural resources.
c. Reduction of negative impacts on the environment.
d. Creation of common open space that provides a unified landscape
for the use and enjoyment of the neighborhood community and/or
the general public.
e. A variety of rural residential lot sizes, configurations, and
neighborhoods.
2. Application. Rural residential planned unit development shall be applied
only outside of areas guided for City water and sanitary sewer (Stage 1
and Stage 2 growth areas) as identified within the Comprehensive Plan.
3. Densities.
a. Subdivisions served by independent sewage treatment systems
shall not exceed four (4) units per forty (40) acres.
b. Subdivisions served by a MPCA approved community sewer
system shall not exceed eight (8) units per forty (40) acres.
4. Open Space Performance Standards.
a. Open Space Area Regulations.
1) A minimum of fifty (50) percent of land subdivided for
development shall be dedicated to common open space.
2) All designated open space shall be platted as outlot parcels
held as open space in perpetuity. Public trail corridors shall
be dedicated as park land.
3) Each open space outlot shall be classified as natural habitat,
neighborhood recreation, or trail corridor open space, and
shall conform to the type of use, location criteria, and deed
restrictions of that classification, as specified in Section
1007-5 of the Lino Lakes Subdivision Ordinance.
b. Location Criteria. Open space outlots shall be located on the
development site according to the following locational criteria:
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1
Natural Habitat. The development shall preserve natural
habitat in a contiguous, connected configuration. Natural
habitat open spaces may include, but are not limited to,
fields, wetlands, slopes, bluffs, dense woods, lakes, ponds,
streams, shorelands, and other environmentally sensitive
areas or desirable view sheds.
2) Trail Corridors. The development shall locate trail corridor
open spaces in strategic places such that larger open space
outlots and designated places of destination both on the
development tract and adjacent tracts are connected with
one another. Trail corridor open spaces may include, but
are not limited to, established regional trails, local pathways,
paved walkways, and shorelines. Public trail corridors shall
be a minimum of twenty (20) feet in width.
3) Neighborhood Recreation. The development shall locate
neighborhood recreation open spaces such that they are an
integral part of the neighborhood of surrounding homesites,
at an elevation appropriate to their intended recreational
use, defined by coherent boundaries, and accessible to all
neighborhood residents. Neighborhood recreation open
spaces may include, but are not limited to, greens,
commons, playgrounds, ball fields, gardens, or other
recreational areas.
4) Public Open Space Accessibility. Open spaces dedicated
to the public shall be accessible to pedestrians at no less
than one thousand two hundred (1,200) foot intervals along
public roadways. Where necessary, pedestrian access
corridor outlots between private lots shall be at least twenty
(20) feet in width.
5) Open Space Ownership and Management. Each
designated open space area shall be owned and managed
in accordance with standards in Section 1007-5.3 of the Lino
Lakes Subdivision Ordinance.
5. Neighborhood Performance Standards.
a. Neighborhood Configuration.
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1) In order to establish a cohesive neighborhood unit,
residential lots shall be located in a neighborhood cluster. A
neighborhood cluster shall include a minimum of four (4) lots
or twenty-five (25) percent of the allowable number of lots on
the parcel to be subdivided, whichever is greater. An
efficiency of land utilization and community development
should be encouraged by maximizing the number of lots in
any one cluster development, while adhering to the
underlying density and open space requirements of this
Ordinance.
2) A neighborhood cluster shall be oriented toward an
identifiable feature which all residential units share in
common. Neighborhood identity may be accomplished by
one or more of the following features:
a) View Shed. The lots of a neighborhood may be
arranged such that a majority of the principle
structures will take visual advantage of a field,
wetland, woods, lake, stream, or other open space
which could be described as a view shed.
b) Physical Amenity. The lots of a neighborhood may
be arranged such that a majority of the principle
structures will face a green, playground, ball field,
rock outcropping, stand of trees, church, school, or
other physical feature unique to that particular
neighborhood.
c) Streetscape. The lots may be arranged such that the
principle structures will face a street space enhanced
with landscaping, street trees, boulevards, medians,
or other landscaping techniques appropriate to the
City's street design standards.
b. Lot Area.
1) Lots served by individual sewage treatment systems (ISTS)
shall have a minimum of one (1) acre of buildable land area
capable of accommodating the principle dwelling, accessory
buildings, and two (2) individual soil treatment systems
(drainfields).
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2) Lots served by a MPCA approved community sewage
treatment system shall have a minimum lot area of twenty-
five thousand (25,000) square feet of buildable land.
3) No individual single family lot may exceed five (5) acres in
size.
c. Minimum Lot Width.
1) ISTS Lots. Two hundred (200) feet.
2) Lots Served by a MPCA Approved Community Sewage
System.
a) Interior Lot. One hundred (100) feet.
b) Corner Lot. One hundred twenty-five (125) feet.
d. Setbacks. Setbacks shall be the same as those imposed in the
applicable base zoning district.
e. Sewer Management. A report, prepared by a Minnesota Pollution
Control Agency licensed designer, on the feasibility of individual
sewage treatment systems (ISTS) and water systems on each lot
or a community or shared sewage and water system serving the
rural subdivision. The report shall follow Minnesota Rules Chapter
7080, as may be amended, and include soil boring analysis and
percolation tests to verify report conclusions.
For any development with a community sewage treatment system,
the City shall require documentation that the property association
shall be responsible for liability insurance and costs associated with
the maintenance and operation of a community sewage treatment
system. The City shall also require an agreement that if the
association is not maintaining the system or the system is not
operating properly, the City can undertake needed repair and
maintenance and assess the property owners for the costs of such
action.
D. Urban Residential Planned Unit Development Requirements.
1. Purpose. It is the intent of this section to establish special requirements
for the granting of a conditional use permit for an urban (with City water
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and sanitary sewer) residential conservation subdivision PUD project in
order to promote:
a. Preservation of wildlife habitat and unique natural resources.
b. Reduction of negative impacts on the environment.
c. Creation of common open space that provides a unified landscape
for the use and enjoyment of the neighborhood community and/or
the general public.
d. A variety of urban residential lot sizes, configurations, and
neighborhoods.
2. Application. Urban residential planned unit development shall be applied
only within the City's R-2, R-3, and R-4 Zoning Districts.
3. Densities. The maximum allowable density within an urban residential
PUD shall be consistent with the density directives of the Comprehensive
Plan.
4. Open Space Performance Standards.
a. Open Space Area Regulations.
1) A minimum of fifty (50) percent of land subdivided for
development shall be reserved as common open space.
2) Designated open space shall be exclusive of unit Tots and
driveways. Road rights -of -way, parking lots, and driveways
shall provide an emphasis upon tree preservation, natural
habitat, and wetland protection
3) All designated open space shall be platted as outlot parcels
held as open space in perpetuity. Public trail corridors shall
be dedicated as park land.
4) Each open space outlot shall be classified as natural habitat,
neighborhood recreation, or trail corridor open space, and
shall conform to the type of use, location criteria, and deed
restrictions of that classification, as specified in Section
1007-5 of the Lino Lakes Subdivision Ordinance.
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5. Neighborhood Performance Standards.
a. Identity. To provide an identity and create a cohesive
development pattern, residential units/buildings shall be oriented
toward an identifiable future which they have in common. Such
identity may be accomplished by one or more of the following
features:
1) View Shed. The lots of a neighborhood may be arranged
such that a majority of the principle structures will take visual
advantage of a field, wetland, woods, lake, stream, or other
open space which could be described as a view shed.
2) Physical Amenity. The lots of a neighborhood may be
arranged such that a majority of the principle structure will
face a green, playground, ball field, rock outcropping, stand
of trees, church, school, or other physical feature unique to
that particular neighborhood.
3) Streetscape. The lots may be arranged such that the
principle structures will face a street space enhanced with
landscaping, street trees, boulevards, sidewalks, trails,
medians, or other landscaping techniques appropriate to the
City's street design standards.
6. Yards.
a. Setbacks, Periphery. The front and side yard restrictions at the
periphery of the Planned Unit Development site at a minimum shall
be the same as imposed in the respective base districts.
b. Setback, Front. No building shall be located less than twenty-five
(25) feet from the back of the curb line along those roadways which
are part of the internal street pattern.
c. Building Separation. Buildings upon the same lot shall maintain a
minimum setback of ten (10) feet between buildings.
7. Townhouses, cooperatives, condominiums shall comply with the design
standards of Section 3, Subd. 4.B.2.
E. Commercial or Industrial Planned Unit Development, CUP Requirements.
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1. Purpose. It is the intent of this section to further the directives of Section
2, Subd. 2 and establish special requirements for the granting of a
conditional use permit to allow flexibility from the strict provisions of this
Ordinance in regard to multiple buildings, shared access/ parking, parking
supply reductions, internal setbacks, etc.
2. Standards.
a. Open Space.
1) The PUD design will result in greater landscaped pervious
area than the base zoning district standard.
2) The PUD design will result in the protection of important
natural features (e.g., wetlands, significant trees, water
courses, slopes over twelve (12) percent).
3) The PUD design will include extensive landscaping with an
emphasis on streetscape, site entrances, and the perimeter
of the building.
b. Architectural Guidelines. Commercial and industrial buildings shall
comply with design standards of Section 3, Subd. 4.B.4 of this
Ordinance.
F Procedure for Processing a Planned Unit Development.
1. Stages of PUD. The processing steps for a PUD are intended to provide
for an orderly development and progression of the Plan, with the greatest
expenditure of developmental funds being made only after the City has
had ample opportunity for informed decisions as to the acceptability of the
various segments of the whole as the plan affects the public interest. The
various steps and applications, outlined in detail in the following sections,
are:
a. Application Conference and Neighborhood Meeting. Preliminary
discussions.
b. General Concept Plan Application. Consideration of overall
concept and plan. The concept plan review is voluntary but
strongly recommended.
c. Development Stage Plan Application. One or more detailed Plans
as part of the whole final plan.
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d. Final Plan Application. The summary of the entire concept and
each Development Stage Plan in an integrated complete and final
plan.
2. Application Conference. Prior to filing of an application for PUD, the
applicant for the proposed PUD shall arrange for and attend a conference
with the Community Development Department. At such conference, the
applicant shall be prepared to generally describe the proposal for a PUD.
The primary purpose of the conference shall be to provide the applicant
with an opportunity to gather information and obtain guidance as to the
general suitability of the proposal for the area for which it is proposed and
its conformity to the provisions of this Ordinance before incurring
substantial expense in the preparation of plans, surveys and other data.
Neighborhood Meeting. The City strongly recommends the property
owner/applicant hold a neighborhood meeting for informal comment and
feedback prior to submitting a formal concept application.
3. The person applying for a planned unit development shall fill out and
submit to the Zoning Administrator an application form together with a fee
as established by City Council resolution. The request for planned unit
development shall be placed on the agendas of the Park Board,
Environmental Board, and Planning and Zoning Board according to the
City's deadline and meeting schedule.
4. Planned unit develop/rezoning application shall be posted and advertised
in accordance with Section 2, Subd. 1 of this Ordinance.
5. Planned unit development/conditional use permit applications shall be
posted and advertised in accordance with Sec. 2 Subd. 2.B. of this
Ordinance.
6. Public hearings shall be held at the PUD development stage.
7 General Concept Plan Application.
a. Purpose. The General Concept Plan provides an opportunity for
the applicant to submit an application and plan to the City showing
his basic intent and the general nature of the entire development
before incurring substantial cost. This Concept Plan provides an
opportunity for the proposal to be publicly considered at an early
stage. The following elements of the proposed General Concept
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Plan represent the immediately significant elements which the City
shall review and for which a decision shall be rendered:
1) Overall Maximum PUD Density Range.
2) General Location of Major Streets and Pedestrian Ways.
3) General Location and Extent of Public and Common Open
Space.
4) General Location of Residential and Non -Residential Land
Uses with Approximate Type and Intensities of
Development.
5) A Staging and Time Schedule of Development.
6) Other Special Criteria for Development.
b. General Concept Plan Submission Information.
1) General Information.
a) Owner. The landowner's name, address and
telephone number and his interest in the subject
property.
b) Applicant. The applicant's name, address and
telephone number if different from the landowner.
The applicant may designate an agent to be
contacted by the City, who may speak for the
applicant.
c) Consultants. The names and addresses of all
professional consultants who have contributed to the
development of the PUD plan being submitted,
including attorney, land planner, engineer and
surveyor.
d) Title of Applicant. Evidence that the applicant has
sufficient control over the subject property to
effectuate the proposed PUD, including a statement
of all legal, beneficial, tenancy and contractual
interests held in or affecting the subject property and
including an up-to-date certified abstract of title or
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registered property report, and such other evidence
as the City Attorney may require to show the status of
title or control of the subject property.
2) Present Status of Premises and Adjacent Properties.
a) Description. The address and legal description of the
subject property. A survey is required.
b) Zoning. The existing zoning classification and
present use of the subject property and all lands
within five hundred (500) feet of the subject property.
c) Map. A single reproducible map or aerial photograph
at a scale of not less than one (1) inch equals one
hundred (100) feet, depicting the existing
development of the subject property and all land
within five hundred (500) feet thereof and showing the
precise location of existing streets.
3) Narrative Description. A written statement generally
describing the proposed PUD and the market which it is
intended to serve, showing its relationship to the City's
Comprehensive Plan and how the proposed PUD is to be
designed, arranged and operated in order to permit the
development and use of neighboring property in accordance
with the applicable regulations of the City.
4) Site Conditions: Where deemed necessary by the City,
graphic reproductions of the existing site conditions at a
scale of not less than one (1) inch equals one hundred (100)
feet shall be submitted and shall contain the following:
a) Survey showing lot dimensions and existing
easements and utilities.
b) Contours - minimum two (2) foot intervals.
c) Location, type, and extent of tree cover.
d) Slope analysis.
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e) Location and extent of water bodies, wetlands, and
streams and flood plains within three hundred (300)
feet of the subject property.
f) Existing drainage patterns.
g) Vistas and significant views.
h) Soil conditions as they affect development.
All of the graphics should be the same scale as the final plan
to allow easy cross reference. The use of overlays is
recommended for clear reference.
5) Concept Drawing. Schematic drawing of the proposed
development concept including, but not limited to, the
general location of major circulation elements, public and
common open space, residential and other land uses.
6) Number of Units. A statement of the estimated total number
of dwelling and/or other units proposed for the PUD and a
tabulation of the proposed approximate allocations of land
use expressed in acres and as a percent of the total project
area, which shall include at least the following:
a) Area devoted to residential uses.
b) Area devoted to residential use by building or
structure or use type.
c) Area devoted to common open space.
d) Area devoted to public open space.
e) Approximate area devoted to streets.
f) Approximate area, and potential floor area, devoted
to commercial uses.
g) Approximate area, and potential floor area, devoted
to industrial or office uses.
7) Staged Development. When the PUD is to be constructed in
stages during a period of time extending beyond a single
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construction season, a schedule for the development of
such stages or units shall be submitted stating the
approximate beginning and completion date for each such
stage or unit and the proportion of the total PUD public or
common open space and dwelling units to be provided or
constructed during each such stage and the overall
chronology of development to be followed from stage to
stage.
8) Common Areas. When the proposed PUD includes
provisions for public or common open space or service
facilities, a statement describing the provision that is to be
made for the care and maintenance of such open space or
service facilities. If it is proposed that such open space be
owned and/or maintained by any entity other than a
governmental authority, copies of the proposed articles of
incorporation and by-laws of such entity shall be submitted
during the development stage.
9) Covenants. General intent of any restrictive covenants that
are to be recorded with respect to property included in the
proposed PUD.
10) Market Feasibility. Where deemed necessary, a market
feasibility study including an analysis of the proposals
economic impact on the City.
c. General Concept Plan Process.
The Community Development Department shall forward the
concept plan submission to the City's advisory boards and City
Council for their consideration at regularly scheduled meetings to
solicit informal review and comment on the project's acceptability in
relation to the City's Comprehensive Plan and development
regulations. Such meetings should be attended by the applicant.
8. Development Stage Plan Application.
a. Purpose. The purpose of the Development Stage Plan is to
provide one (1) or more specific and particular plans upon which
the Planning and Zoning Board will base its recommendation to the
City Council and with which substantial compliance is necessary for
the preparation of the Final Plan.
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b. Submission of Development Stage. Following review of the
General Concept Plan, the applicant shall file with the Community
Development Department a Development Stage Plan application
including the information and submissions required by Section 2,
Subd. 10.F.8.e for the entire PUD. The Development Stage Plan
shall refine the General Concept Plan.
c. Review and Action by City Staff and Planning and Zoning Board.
Immediately upon receipt of a completed Development Stage
Plan, the Community Development Director shall refer such plan to
the appropriate City staff, citizen boards, and other special review
agencies such as the Rice Creek Watershed District, Department
of Natural Resources, or Environmental Quality Board where
applicable.
d. Development Stage Plan Review Criteria. The evaluation of the
proposed Development Stage Plan shall include but not be limited
to the following criteria:
1) Individual Rights. Adequate property control is provided to
protect the individual owners' rights and property values and
the public responsibility for maintenance and upkeep.
2) Traffic Plan. The interior circulation plan plus access from
and onto public rights -of -way does not create congestion or
dangers and is adequate for the safety of the project
residents and the general public.
3) Open Space. A sufficient amount of useable open space is
provided.
4) Compatibility. The architectural design of the project is
compatible with the surrounding area.
5) Drainage. The drainage and utility system plans are
submitted to the City Engineer and the final drainage and
utility plans shall be subject to their approval.
Schedule. The development schedule insures a logical
development of the site which will protect the public interest
and conserve land.
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7) Platting Requirements. The development is in compliance
with the requirements of the Lino Lakes Subdivision
Ordinance.
8) District Requirements. Dwelling unit and accessory use
requirements are in compliance with the district provisions in
which the development is planned.
e. Development Stage Submission Information. Development stage
submissions should depict and outline the proposed
implementation of the General Concept Stage for the PUD.
Information from the General Concept Stage may be included for
background and to provide a basis for the submitted plan. The
Development Stage submissions shall include but not be limited to:
1) Zoning Required. Zoning classification required for
Development Stage submission and any other public
decisions necessary for implementation of the proposed
plan.
2) Preliminary Plat. Informational requirements of the
Subdivision Ordinance plus the following:
a) Buildings. The location, size, use and arrangement
including height in stories and feet and total square
feet of ground area coverage and floor area, or
proposed buildings, and existing buildings which will
remain, if any.
b) Traffic Circulation. Location, dimensions and number
of all driveways, entrances, curb cuts, parking stalls,
loading spaces and access aisles, and all other
circulation elements including bike and pedestrian;
and the total site coverage of all circulation elements.
c) Common Areas. Location, designation and total area
of all common open space.
d) Public Open Space. Location, designation and total
area proposed to be conveyed or dedicated for public
open space, including parks, playgrounds, school
sites and recreational facilities.
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e) Locate Existing Structures. The location, use and
size of structures and other land uses on adjacent
properties.
f) Other Data. Any other information that may have
been required by the Planning and Zoning Board in
conjunction with the approval of the General Concept
Plan.
g)
Legal Description. An accurate legal description of
the entire area within the PUD for which final
development plan approval is sought, correlated to
the legal description defining use districts in this
Ordinance.
3) Areas of Use. A tabulation indicating the approximate gross
square footage, if any, of commercial and industrial floor
space by type of activity (e.g. drug store, dry cleaning,
supermarket).
Architectural Plans. Preliminary architectural plans
indicating use, floor plan, elevations and exterior wall
finishes of proposed buildings and architectural guidelines
for future development phases.
5) Landscape Plan. A detailed landscaping plan including the
type, size and quantity of all existing and proposed
plantings.
6) Grading and Drainage Plan. Preliminary grading and
drainage plan illustrating changes to existing topography
and natural site vegetation. The Plan should clearly reflect
the site treatment and its conformance with the approved
concept plan.
7) Erosion Control. A Soil Erosion Control Plan acceptable to
watershed district and any other agency with review
authority clearly illustrating erosion control measures to be
used during construction and as permanent measures.
8) Document Changes. A statement summarizing all changes
which have been made in any document, plan data or
information previously submitted, together with revised
copies of any such document, plan or data.
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9) Additional Data. Such other and further information as the
Planning and Zoning Board, Community Development
Director or City Council shall find necessary to a full
consideration of the entire proposed PUD or any stage
thereof.
f. The terms of the PUD as approved by the City Council shall be
embodied in a PUD Agreement, Development Contract, and such
other documents as the City shall deem necessary or desirable.
The PUD Agreement and any appropriate resolution of the City
Council shall be filed with the Anoka County Recorder at the
expense of the applicant. At the election of the City, filing of the
Development Stage PUD may be delayed until the final plan is
filed. Where the Development Stage Plan is denied approval,
Council action shall be by written resolution setting forth its findings
and conclusions in support of its action.
g.
Limitation on Development Plan Approval. Unless a Final Plan
covering the area designated in the Development Stage Plan as
the first stage of the PUD has been filed within one (1) year from
the date the City Council grants Development Stage Plan approval,
or in any case where the applicant fails to file Final Plans and to
proceed with development in accordance with the provisions of this
Ordinance and/or an approved Development Stage Plan, the
approval shall expire. The City Council may at its discretion,
extend for not more than six months, the filing deadline for any
Final Plan when, for good cause shown, such extension is
necessary. In any case where Development Plan approval expires,
the City Council may adopt a resolution repealing the Development
Stage Plan approval for that portion of the PUD that has not
received Final Plan approval and re-establishing the zoning and
other Code provisions that would otherwise be applicable.
9. Final Plan Application.
a. Purpose. The Final Plan is to serve as a complete, and permanent
public record of the PUD and the manner in which it is to be
developed. It shall incorporate all prior approved plans and all
approved modifications thereof resulting from the PUD process. It
shall serve in conjunction with other provisions of the City Code as
the land use regulation applicable to the PUD.
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b. Submission of Final Plan. Upon approval of the Development
Stage Plan, and within the time established herein the applicant
shall file with the Zoning Administrator an application and Final
Plan consisting of the information and submissions required by this
Code for the entire PUD or for one (1) or more stages. The Final
Plan shall conform to the Development Stage Plan in all respects,
and shall be integrated as a coherent statement of the entire Plan.
Appropriate cross-referencing and incorporation of recorded
documents may be utilized.
c. Final Plan Submission Information. After review of a General
Concept Plan for the PUD and approval of a Development Stage
Plan for a section or sections of the proposed PUD, the applicant
will submit the following material for review by the City staff prior to
issuance of a building permit:
1) Recording Proof. Documents establishing the recording of
any easement or other documents required by the City prior
to the sale of any land or dwelling unit included in the PUD
and of the establishment and activation of any entity that is
to be responsible for the management and maintenance of
any public or common open space or service facility.
2) Final Plans, Structures. Final architectural working
drawings at all structures.
3) Final Engineering Plans. Final engineering plans and
specifications for streets, drainage, utilities and other public
improvements, together with a development contract
providing for the installation of such improvements and
financial guarantees for the completion of such
improvements.
4) Other Plans. Any other plans, agreements, or specifications
necessary for the City staff to review the proposed
construction. All work shall be in conformance with the
Building Code of the City.
5) Recording of Final Plan. Within sixty (60) days of its
approval, the applicant, or at its election, the City, shall
cause the Final Plan, or such portions thereof as are
appropriate, to be recorded with the County Recorder or
Registrar of Titles, at the expense of the applicant. Certified
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copies of all relevant recorded documents shall be furnished
to the City.
6) Building and Other Permits. Except as otherwise expressly
provided herein, upon receiving notice from the Community
Development Director that the approved Final Plan and
development agreement have been recorded, all appropriate
officials of the City may issue building and other permits to
the applicant for development, construction and other work
in the area encompassed by the approved Final Plan or
intermediate Development Stage Plan provided, however,
that no such permit shall be issued unless the appropriate
official is first satisfied that all requirements which are
applicable to the permit sought, have been satisfied.
7) Limitation on Final Plan Approval. Within one (1) year after
the approval of a Final Plan for PUD, or such shorter time as
may be established by the approved development schedule,
construction shall commence in accordance with such
approved plan. Failure to commence construction within
such period shall, unless an extension shall have been
granted and hereinafter provided, automatically render void
the PUD permit and all approvals of the PUD plan and the
area encompassed within the PUD shall thereafter be
subject to those provisions of the Zoning Code, and other
Code provisions, applicable in the district in which it is
located. In such case, the Council shall adopt a resolution
repealing the PUD permit and PUD approvals and re-
establishing the zoning and other provisions that would
otherwise be applicable.
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SECTION 3. GENERAL PROVISIONS
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to
establish general development performance standards. These standards are intended
and designed to assure compatibility of uses; to prevent urban blight, deterioration and
decay; and to enhance the health, safety and general welfare of the residents of the
community.
Subd. 2. Non -Conforming Uses and Structures.
A. Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances, and conditions under which non -conforming buildings, structures
and uses will be operated and maintained. The Zoning Ordinance establishes
separate districts, each of which is an appropriate area for the location of uses
which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non -conforming buildings, structures and
uses not be permitted to continue without restriction. Furthermore, it is the intent
of this section that all non -conforming uses shall be eventually brought into
conformity.
B. Provisions.
1. Any structure or use lawfully existing upon the effective date of this
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, except in compliance with items
(7) and (9) below.
3. When any lawful non -conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter be
changed to any non -conforming use.
4. Whenever a non -conforming 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 is reconstructed within twelve (12)
months after such calamity, unless the damage to the structure is fifty (50)
percent 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.
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5. Whenever a lawful, non -conforming 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 conformity with the provisions of this
Ordinance.
6. Any non -conforming 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 non -conforming use shall cease.
7 Normal maintenance of a building or other structure containing or related
to a non -conforming use is permitted, including necessary repairs and
incidental alterations which do not extend or intensify the non -conforming
use.
8. A lawful non -conforming use may be changed only to a use that
decreases its non -conformity.
9. Alterations may be made to a structure containing non -conforming
residential units when they will improve the livability thereof, provided they
will not increase the number of units or expand the size or degree of the
non -conformity.
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Subd. 3. General Parcel, Lot and Yard Provisions.
A. Lot of Record. Any lot of record existing at the effective date of this Ordinance
may be used for the erection of a structure if it conforms with the use regulations
of the district in which it is located provided it:
1. Satisfies all other appropriate provisions of this Ordinance.
2. Has frontage on a full width public right-of-way, and an improved street
which has been accepted for maintenance by the City of Lino Lakes.
3. Any substandard sewered lot of record existing at the effective date of this
Ordinance and held in separate ownership different from the ownership of
adjoining Tots may be used for the erection of a structure conforming to
the use regulations of this Ordinance, provided its area, width, and depth
meet seventy (70) percent of the minimum requirements of the zoning
district and all required setbacks can be adhered to.
4. Any substandard unsewered lot of record existing at the effective date of
this Ordinance and held in separate ownership different from the
ownership of adjoining Tots may be used for the erection of a structure
conforming to the use regulations of this Ordinance provided that:
a. The lot was a separate parcel with its own parcel identification
number on the date of the adoption of this Ordinance.
b. It can be demonstrated that the lot can accommodate the proposed
principal structure, onsite well if the public water system is not
available, and an onsite wastewater treatment system including
both a primary and secondary drain field area in accordance with
MN Stat. 7080 and other applicable requirements.
c. The lot has direct frontage on an improved public street which has
been accepted for maintenance by the City of Lino Lakes.
d. All building and site improvements adhere to all required setbacks.
B. Unsewered Lots.
1. Except as provided for in Section 3, Subd. 3.A.4 and Section 3, Subd.
3.B.2 of this Ordinance, the minimum unsewered lot size within any
zoning district is ten (10) acres.
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2. Where there exists a habitable single family home constructed prior to
July 13, 1992, a lot of a minimum of one (1) acre may be created
provided that:
a. The new lot that has a minimum area of one acre contains the
existing habitable home, and
b. The balance of the property is ten (10) acres or more, and
c. The new lot that has a minimum area of one acre contains one
acre of contiguous buildable land, not including road right of way,
electrical transmission line easements or pipeline easements, and
d. Both the one -acre -minimum lot and lots made from the remaining
land must meet all minimum lot requirements and provide for
meeting setback and other structure requirements, and
e. It can be demonstrated that all unsewered Tots can accommodate
the proposed principal structure, onsite well if the public water
system is not available, and an onsite wastewater treatment
system including both a primary and secondary drain field area in
accordance with MN Stat. 7080 and other applicable requirements.
3. Two family dwellings and multiple family dwellings are not allowable uses
upon unsewered lots.
4. All subdivisions in areas without public sanitary sewer shall be designed
such that the larger non-sewered Tots can be resubdivided to provide
smaller sewered lots when sewer becomes available in the future. Homes
and accessory buildings shall be located on these lots so as to allow for
future resubdivisions.
C. Minimum Lot Area Requirements.
1. Minimum Lot Area Per Unit. The lot area per unit requirement for single
family, two family, and multiple family residential dwellings shall conform
to the applicable zoning district provisions in which the dwelling is located.
2. Buildable Area.
a. Within zoning districts with a minimum lot size requirement of Tess
than ten (10) acres, the required minimum lot area shall be
buildable land, as defined by this ordinance and exclusive of utility
transmission easements.
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b. Within zoning districts with a minimum lot size requirement of ten
(10) acres or more, a minimum of twenty (20) percent of the lot
area must be contiguous buildable land, as defined by this
ordinance.
D. Building Placement and Multiple Structures.
1. Street Obstructions. All buildings shall be so placed so that they will not
obstruct future streets which may be constructed by the City in conformity
with existing streets and according to the system and standards employed
by the City.
2. Principal Buildings. Except in an approved planned unit development that
specifically allows it, as provided for in Section 2, Subd. 10 of this
Ordinance, not more than one (1) principal building shall be located on a
lot. The words "principal building" shall be given their common, ordinary
meaning as defined in Section 1, Subd. 2 of this Ordinance.
E. Yards, and Setbacks.
1. Setbacks.
a. No setback, yard or other open space shall be reduced in area or
dimension so as to make such setback, yard or other open space
less than the minimum required by this Ordinance, and if the
existing setback, yard or other open space as existing is less than
the minimum required, it shall not be further reduced.
b. Front Setbacks. Where principal buildings on adjoining lots existed
at the time of adoption of this Ordinance have a lesser setback
from that required, the required front yard setback of a new
structure shall not be less than the average front yard of the
adjacent buildings on each side lot for four hundred (400) feet and
in no case shall be less than twenty (20) feet.
c. Corner Lots. On corner lots, nothing shall be placed or allowed to
grow in such a manner as materially to impede vision between a
height of two and one-half (2-1/2) and ten (10) feet above the
centerline grades of the intersecting streets within fifteen (15) feet
of the intersecting street right-of-way lines. This restriction shall
also apply to the planting of crops and to yard grades that result in
elevations that impede vision within fifteen (15) feet of any
intersecting street right-of-way lines.
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2. Permitted Yard Encroachments. The following shall not be considered as
encroachments on setback requirements subject to other conditions
provided herein:
a. All Yards.
1) Flag poles, sidewalks, wheelchair ramps, name plate signs,
trees, shrubs, plants, yard lights, mailboxes, floodlights, or
other sources of Tight illuminating authorized illuminated
signs, or light standards for illuminating yards for safety and
security reasons, provided the direct source of light complies
with Section 3, Subd. 4.F of this Ordinance. These uses
may be permitted in any yard provided they are not located
in any easement.
2) Posts, flues, belt course, bay windows, leaders, sills,
pilaster, eaves, gutters, awnings, open terraces, open
canopies, chimneys, ornamental features, open fire escapes
extending from the principal structure, provided they do not
project more than three (3) feet into a required setback.
3) Uncovered porches, decks, balconies, stoops, or similar
features provided:
a. The decking shall not extend above the height of the
floor of the ground floor level of the principal structure
though railings may be higher, and
b. They shall not extend to a distance less than five (5)
feet from any side or rear lot line, and
c. They shall not extend to a distance less than twenty
(20) feet of any lot line abutting a street, and
d. They shall not extend to a distance less than one (1)
foot from any existing or proposed access drive, and
e. No encroachment shall be permitted in existing or
required drainage and utility easements.
4) In rear yards, laundry drying equipment, recreational
equipment (non -vehicular), trellises, open arbors, detached
outdoor living rooms not to exceed five hundred (500)
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square feet provided they maintain a five (5) foot setback
from the side and rear lot lines.
5) Air conditioning or heating equipment, provided they are at a
distance of five (5) feet from any rear lot line and ten (10)
feet from any side lot line. No encroachment shall be
permitted in existing or required drainage and utility
easements.
3. Zero Lot Line Subdivision.
a. Townhomes and Apartments. If existing townhouses or apartment
units not on separate unit lots are to be subdivided on an individual
unit or condominium basis for owner occupancy, it shall require a
planned unit development according to the provisions of Section 2,
Subd. 10 of this Ordinance.
b. Subdivision of Two Family or Quadraminium Lots. The subdivision
of base Tots containing two family dwellings or quadraminiums to
permit individual private ownership of a single dwelling within such
a structure is acceptable subject to City Council approval.
Approval is further contingent upon the following requirements:
1) Prior to a two family dwelling or a quadraminium subdivision,
the base lot must meet all the requirements of the zoning
district.
2) There shall be no more than one (1) principal structure on a
base lot in all residential districts. The principal structure on
a unit lot created in a two family or quadraminium
subdivision will be the portion of the attached dwelling
existing or constructed on the platted base lots.
3) Permitted accessory uses as defined by the zoning districts
are acceptable provided they meet all the zoning
requirements.
4) A property maintenance agreement must be arranged by the
applicant and submitted to the City Attorney for his review
and subject to approval. The agreement shall ensure the
maintenance and upkeep of the structure including but not
limited to siding, roofing (type and color), fencing, driveways,
maintenance, etc. and the lots to meet minimum City
standards. The agreement is to be filed with the Anoka
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County Recorder's office as a deed restriction against the
title of each unit lot.
5) Separate public utility service shall be provided to each
subdivided unit and shall be subject to the review and
approval of the City Engineer.
6) The subdivision is to be platted and recorded in
conformance to requirements of the Lino Lakes Subdivision
Ordinance.
c. Subdivision of Commercial and Industrial Lots. The subdivision of
base lots into two (2) or more commercial or industrial unit lots to
permit individual private ownership of a portion of a single
commercial or industrial structure is acceptable subject to the
approval of a planned unit development. A property management
and maintenance agreement shall be required as regulated by
Section 2, Subd. 10 of this Ordinance.
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Subd. 4. General Building and Use Provisions.
A. Dwelling Unit Restriction. No cellar, garage, tent, travel trailer, motor home,
basement with unfinished structure above, or accessory building shall at any
time be used as a dwelling unit.
B. Building Type and Construction.
1. Single Family Dwellings. All single family detached dwellings in the R, R-
X, R-1, R-1X, R-EC, and R-2 Districts shall meet the following design
criteria:
a. All structures shall have permanent concrete or treated wood
foundations which will anchor the structure, which comply with the
State Building Code as adopted in the State of Minnesota and
which are solid for the complete circumference of the house.
b. Sixty (60) percent of a residential structure shall have a minimum
width or depth of twenty (20) feet. Width measurement shall not
take into account overhangs or other projections. Such width
requirement shall be in addition to the minimum area per dwelling
requirements established within this Ordinance.
c. Single family dwellings shall have at least a four/twelve (4/12) roof
pitch and shall be covered with shingles or tiles or a standing seam
metal roof.
d. All single family structures must be built in conformance with
Minnesota Statute 327.31 to 327.35 of the State Building Code as
adopted in the State of Minnesota.
e. The exterior walls of all single family residences shall be similar in
appearance to normal wood or masonry residential construction.
Any metal siding upon single family residence structures shall have
a vertical dimension no greater than twelve (12) inches. Sheet
metal siding shall not be permitted in such districts.
2. Two Family and Townhome Design and Construction Standards.
a. Unit Width. The minimum width of a two family or townhome
dwelling unit shall be twenty-four (24) feet. Minimum floor area per
unit shall be established within the zoning district.
b. Unit Construction.
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1) Building elevations and floor plans shall be furnished
illustrating exterior building materials and colors to
demonstrate compliance with Section 3, Subd. 4.B.2.b.4) of
this Ordinance. Building floor plans shall identify the interior
storage space within each unit.
2) Decks or Porches. Provision shall be made for possible
decks, porches, or additions as part of the initial dwelling
unit building plans.
3) Minimum Overhang: In case of gable roof, a minimum
eighteen (18) inch roof overhang, soffit shall be required for
all dwelling unit building plans.
Exterior Building Finish: The exterior of townhome dwelling
units shall include a variation in building materials which are
to be distributed throughout the building facades and
coordinated into the architectural design of the structure to
create an architecturally balanced appearance. In addition,
townhome dwelling structures shall comply with the following
requirements:
a) A minimum of twenty-five (25) percent of the
combined area of all building facades of a structure
shall have an exterior finish of brick, stucco and/or
natural or artificial stone.
b) Except for brick, stucco, and/or natural or artificial
stone, no single building facade shall have more than
seventy-five (75) percent of one type of exterior finish.
c) For the purpose of this section, the area of the
building facade shall not include area devoted to
windows, entrance doors, garage doors, or roof
areas.
c. Storm Shelter. In cases where dwelling units are constructed slab
on -grade, provisions shall be made to provide for storm protection
either internally to the unit or in a separate storm shelter structure.
Compliance with this requirement shall be based upon Federal
Emergency Management Agency (FEMA) guidelines and
standards which are on file with the City Building Official.
Lino Lakes Zoning Ordinance General Provisions
3-10
d. Outside Storage. Outside storage shall be allowed only in
designated areas which are screened in accordance with Section
3, Subd. 4.Q of this Ordinance and under the ownership of the
property owners' association subject to other applicable provisions
of this Ordinance.
e. Garages.
1) Each dwelling unit shall include, at a minimum, a double
garage.
2) Garages shall comply with the following minimum size
standards:
a) Dwellings With Basements. Four hundred forty (440)
square feet.
b) Dwellings Without Basements. Five hundred forty
(540) square feet.
c) Garages shall be a minimum of twenty (20) feet in
width.
f. Utilities.
g.
1) Public Utility Service. Separate public utility services shall
be provided to each unit unless exempted by the City
Engineer.
2) Sewer Connection. Where more than one (1) unit is served
by a sanitary sewer service, all maintenance and cleaning
shall be the responsibility of the property owners' association
or owners.
Homeowners' Association. A homeowners' association shall be
established for all quadraminium, three and four plex multiple family
and townhome developments subject to review and approval of the
City Attorney. The homeowners' association shall be responsible
for all exterior building maintenance, approval of any exterior
architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in
common when there is more than one (1) individual property owner
having interest within the development.
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3. Multiple Family Apartments Construction Standards:
a. The exterior of multiple family dwelling structures shall include a
variation in building materials which are to be distributed
throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally
balanced appearance. In addition, multiple family dwelling
structures shall comply with the following requirements:
1) A minimum of thirty-three (33) percent of the combined area
of all building exterior walls of a structure shall have an
exterior finish of brick, stucco, and/or natural or artificial
stone.
2) For the purposes of this section, the area of the building
facade shall not include area devoted to windows, entrance
doors, garage doors, or roof areas.
4. Commercial, Industrial, and Institutional. All buildings erected on land
within commercial, industrial and public and semi-public zoning districts
shall conform with the following:
a. All sides of the principal and accessory structures are to have
essentially the same or a coordinated harmonious finish treatment
pursuant to Section 3, Subd. 4.B of this Ordinance.
b. Exterior wall surfaces may be a combination of materials including
brick, pre -cast concrete panel, decorative concrete panel,
architectural concrete block, cast -in -place concrete, stone, glass,
or metal panels. Metal panels shall not encompass more than fifty
(50) percent of all elevations of the building combined.
c. On the building elevations facing the front of the lot or that portion
of the building abutting a right-of-way or residential zoned
properties, architectural metal panels shall not exceed twenty (20)
percent of the wall surface.
d. Earth tone colors of exterior materials shall be required. "Earth
tone colors" shall be defined as any various soft colors like those
found in nature in soil, vegetation, etc. Such colors are limited to
brown, black, gray, tan, beige, brick red, soft green, soft blue, or
white.
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e. Ten (10) percent of the building facade may contain contrasting
colors. Contrasting colors shall be those colors not defined as
earth tones.
f. All mechanical equipment, such as air conditioning units located
anywhere on the property, etc. shall be screened and/or painted to
match the building exterior.
5. Quasi -Public Structures.
a. No quasi -public structure shall be located within the public right-of-
way except as approved by the City Council. Such structure shall
include but not be limited to trash containers, bicycle racks,
benches, planting boxes, awnings, flag poles, light standards,
stairs, stoops, light wells, loading wells, signs and others.
b. Public and quasi -public utility poles and underground services may
be permitted within public right-of-way provided that:
1) A permanent identification tag or marking is affixed to each
structure.
2) The City is notified as to the location and date of placement
of the structure.
3) The City is notified of any change of structure ownership,
removal or modification.
4) Lease or joint use agreements or arrangements applicable
to each utility structure are disclosed.
C. Height.
1. Exceptions. The building height limits established herein for districts shall
not apply to the following:
a. Farm structures.
b. Church spires not exceeding 60 feet in height.
c. Belfries not exceeding 60 feet in height.
d. Cupolas not exceeding 60 feet in height.
e. Windmills.
f. Solar energy devices.
g. Chimneys and smokestacks.
h. Flag poles mounted on a building.
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i. Non-commercial television and radio antennae, and satellite
dishes.
j. Parapet walls extending not more than four (4) feet above the
limiting height of the building.
k. Elevator penthouses.
I. Cooling towers/water towers.
m. Lighting structures for public outdoor recreational fields not
exceeding eighty (80) feet in height.
n. Lighting structures for public hockey rinks not exceeding sixty (60)
feet in height.
2. Conditional Use Permit. Building heights in excess of those standards
contained in the district provisions and any other sections of this Chapter
may be allowed through a conditional use permit, provided that:
a. Demonstrated need is established for the increase in height and
said increase will not violate the intent and character of the zoning
district in which the structure is located.
b. The site is capable of accommodating the increased structure size.
c. The potential increased intensity and size of use does not cause an
increase in traffic volumes beyond the capacity of the surrounding
streets.
d. Public utilities and services are adequate.
e. For each additional story over the district limitation or for each
additional ten (10) feet above the maximum allowed per district,
front and side yard setback requirements shall be increased by ten
(10) percent.
f. The construction does not limit solar access to abutting and/or
neighboring properties. A shadow study shall be required
illustrating shadow encroachment on adjoining properties.
g.
The provisions of Section 2, Subd. 2. of this Ordinance are
considered and satisfactorily met.
3. Obstructions. In the case of any proposal to construct or alter a structure
which will exceed a height of two hundred (200) feet above ground level of
the site, or any proposal to construct or alter a structure to a height of
greater than an imaginary surface extending upward and outward at a
slope of one hundred to one (100:1) from the nearest point of the nearest
Lino Lakes Zoning Ordinance General Provisions
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runway of a public airport, the applicant shall notify the Commissioner of
the Minnesota Department of Transportation in writing of the plans at least
thirty (30) days in advance of making applicable permit requests to the
City. The applicant shall provide the Zoning Administrator with any
comments received from the Commission of the Minnesota Department of
Transportation as part of the required applicable permit request. This
local reporting is in addition to any Federal permitting and review
processing which may be simultaneously required.
D. Accessory Buildings and Structures.
1. General Provisions.
a. No accessory building or use shall be constructed or developed on
a lot prior to the time of construction of the principal building to
which it is accessory.
b. A building or portion thereof used for an accessory use, other than
home occupation, shall be considered as an accessory building.
c. No detached accessory building shall be closer to the front lot line
than the principal building or its attached garage except within the
R, R-X, and R-BR Zoning Districts, provided the accessory building
is set back at least one hundred (100) feet from the street right-of-
way.
d. Setbacks for accessory buildings in all districts shall be determined
in accordance with appropriate district provisions. Location of said
accessory buildings shall not interfere with the future subdivision of
the property, or be located in any utility or drainage easement.
e. A garage in residential districts shall not be utilized for business
service or industry. Such garage shall not be used for the storage
of more than one (1) commercial vehicle having a gross weight
rating exceeding eleven thousand seventy-five (11,075) pounds.
2. Sport Courts. In all districts, the following standards shall apply to sport
courts:
a. A building permit shall be required for all private residential and
commercial sport courts.
b. A conditional use permit shall be required for all commercial sport
courts.
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c. An application for a building permit or a conditional use permit shall
include a site plan showing the following along with all required
information:
1) The size, shape, pavement and sub -pavement materials.
2) The location of the court.
3) The location of the house, garage, fencing, septic systems
and any other structural improvements on the lot.
4) The location of structures on all adjacent lots.
5) A grading plan showing all revised drainage patterns and
finished elevations at the four corners of the court.
6) Landscaping and turf protection around the court.
7) Location of existing and proposed wiring and lighting
facilities.
d. Sport courts shall not be located closer than ten (10) feet to any
side and rear lot line. Sport courts shall not be located within any
required front yard or side yard abutting a street.
e. Sport courts shall not be located over under -ground utility lines of
any type, nor shall any court be located within any private or public
utility, walkway, drainage or other easement.
f. Solid sport court practice walls shall not exceed ten (10) feet in
height. A building permit shall be required for said walls. Said
walls shall be set back a minimum of thirty (30) feet from any lot
line.
g.
Chain link fencing surrounding the sport court may extend up to
twelve (12) feet in height above the sport court surface elevation.
h. Lighting for the sport court shall be directed toward the sport court
and not toward adjacent property.
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3. Swimming Pools.
a. Single Family and Two Family Dwellings. The following shall apply
to all swimming pools which are intended for use accessory to
single-family and two-family dwellings:
1) A building permit shall be required for any swimming pool
with a capacity of over five thousand (5,000) gallons or with
a depth potential of thirty (30") inches.
2) An application for a building permit shall include a site plan
showing the type and size of pool, location of pool, location
of house, garage, fencing and other improvements on the
lot, location of structures on all adjacent lots, location of filter
unit, pump and wiring indicating the type of such units,
location of back -flush and drainage outlets, grading plan,
finished elevations and final treatment (decking,
landscaping, etc.) around pool, location of existing overhead
or underground wiring, utility easements, trees, similar
features, and location of any water heating unit.
3) Pools shall not be located within ten (10) feet of any septic
tank and twenty (20) feet from drain field nor within six (6)
feet of any principal structure or frost footing. Pools shall not
be located in front of the principal building or within any
accessory structure setback.
4) The filter unit, pump heating unit and any noise -making
mechanical equipment shall be located not closer than
twenty (20) feet to any lot line.
5) Pools shall not be located beneath overhead utility lines nor
over underground utility lines of any type.
6) Pools shall not be located within any private or public utility,
walkway, drainage or other easement.
7) In the case of in ground pools, the necessary precautions
shall be taken during the construction to:
a) Avoid damage, hazards or inconvenience to adjacent
or nearby property.
Lino Lakes Zoning Ordinance General Provisions
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b) Assure that proper care shall be taken in stockpiling
excavated materials to avoid erosion, dust or other
infringements upon adjacent property.
8) 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.
9) Lighting for the pool shall be directed toward the pool and
not toward adjacent property.
10) A structure at least four (4) feet in height shall completely
enclose the pool. This structure can be safety fencing of a
non -climbable type. Pool walls that are at least four (4) feet
in height above finished grade fulfill this requirement.
11) Water in the pool shall be maintained in a suitable manner to
avoid health hazard of any type. Such water shall be
subject to periodic inspection by the local health officer.
12) All wiring, installation of heating units, grading, installation of
pipes and all other installations and construction shall be
subject to inspections.
13) Any proposed deviation from these standards and
requirements shall require a variance in accordance with
normal zoning procedures.
14) All swimming pools for which a building permit is required
shall be provided with safeguards to prevent children from
gaining uncontrolled access. This can be accomplished with
fencing, screening or other enclosure, or any combination
thereof, of sufficient density as to be impenetrable.
a) If fences are employed, they shall be at least four (4)
feet in height. The bottoms of the fences shall not be
more than four (4) inches from the ground. Fences
shall be of a non -corrosive material and shall be
constructed as to be not easily climbable. All fence
openings or points of entry into the pool enclosure
shall be equipped with gates or doors. All gates or
doors to swimming pools shall be equipped with self -
closing and self -latching devices placed at a sufficient
height so as to be inaccessible to all small children.
Lino Lakes Zoning Ordinance General Provisions
3-18
Prior to filling the pool, the approved fence and/or
screen must be completely in place and inspected
and approved by the City Building Inspector.
b) When an above -ground pool has vertical or outward
inclined side walls that are at least four (4) feet above
finished grade, these fencing requirements do not
apply. However, if no fencing is constructed, the
ladder must be removable or there must be a lockable
access to the ladder.
15) 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.
16) Back flush or pool drainage water shall be directed onto the
property on which the swimming pool is located and
ultimately to public storm sewer, if available.
17) Drainage of pools directly into public streets or other public
drainageways shall require written permission of the Zoning
Administrator.
b. Multiple -Family, Commercial and Public Developments. For private
swimming pools which are intended for and used by the occupants
of a multiple -family dwelling and the guests of the occupants, or for
private and public clubs and organizations, the following
regulations shall be met in addition to those listed for single and
two family dwellings provided in Section 3, Subd. 4.D.3.a. above:
1) No part of the water surface of the swimming pool shall be
less than fifty (50) feet from any lot line.
2) 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.
3) 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.
Lino Lakes Zoning Ordinance General Provisions
3-19
4) 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.
5) To the extent possible, back -flush water or water from pool
drainage shall be directed onto the owner's property.
4. Houseboats. Houseboats are considered accessory structures for
purpose of applying this Ordinance and shall comply with the following
standards:
a. Any object that floats which has sleeping accommodations and
facilities for preparing food shall be defined as a houseboat.
b. All houseboats which are to be docked or moored within the City
limits for a period of six (6) days or more shall require an annual
permit. Said permit shall identify the owner, owner's address, boat
license number, whether the boat is to be used as a seasonal
residence and, if so, for what period of time during the year, type of
sanitary sewage facility, water supply, and plot plan showing
method of access to public road.
c. Each houseboat shall have one (1) off-street parking space within
four hundred (400) feet of the access to the docking of such
houseboat.
d. 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.
5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during
summer months shall be considered an accessory building. All ice fishing
houses stored on site shall be licensed in accordance with State law.
6. Docks and Boat Launches. Private docks and boat launches may be
stored upon riparian lots provided such structures lie upon the same lot as
the principal structure to which they serve.
7. Roadside Stands. Seasonal, temporary roadside stands for the sale of
agricultural products shall be permitted if:
a. They are located in a zoning district which makes a specific
allowance for such use; and
Lino Lakes Zoning Ordinance General Provisions
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b. They are located upon the lot on which the produce is grown.
c. They are erected at least sixty (60) feet back from the nearest edge
of the roadway surface; and
d. Adequate parking space is provided off the road right-of-way and
safe vehicular access and movements are assured.
8. Rural and Residential Zoning District Accessory Buildings. The following
summarizes the maximum number, size, and height of accessory
buildings allowed in an individual parcel according to lot size and
residential district.
a. Twenty (20) Acres or Greater. (R,
and PSP Districts)
1) No maximum combination
garage(s) size requirement.
R-X, R-BR, R-1, R-1X, R-EC,
of accessory building(s) and
2) Metal buildings and pole barns acceptable.
3) No maximum height requirement.
4) One (1) attached garage not to exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
b. Ten (10) to Less than Twenty (20) Acres. (R, R-X, R-BR, R-1, R-
IX, R-EC, and PSP Districts)
1) The combination of accessory building(s) and garage(s)
shall not exceed five thousand (5,000) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a. One (1) attached garage and
b. Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
Lino Lakes Zoning Ordinance General Provisions
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4) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to the size of
the house foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
c. Five (5) to Less than Ten (10) Acres. (R, R-X, R-1, R-1X, R-EC,
and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed four thousand two hundred (4,200) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
4) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or the size of the house
foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
d. Two and One -Half (2 1/2) Acres to Less Than Five (5) Acres. (R,
R-X, R-BR, R-1, R-1X, R-EC, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed three thousand six hundred (3,600) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures.
3) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to ninety (90)
percent of the size of the house foundation, whichever is
greater.
Lino Lakes Zoning Ordinance General Provisions
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4) No metal sheet/panel siding with vertical orientation except
upon tool sheds less than four hundred (400) square feet in
area. Metal horizontal lap siding is acceptable.
5) Twenty-four (24) feet maximum height.
6) Roof and exterior color and material compatible with home
(except manufactured metal tool shed).
e. One and One -Quarter (1 1/4) Acres to Two and One -Half (2 1/2)
Acres (R, R-X, R-1, R-1X, R-EC, R-2, R-3, R-4, R-6, and R-7
Districts)
1) The combination of accessory buildings and garages shall
not exceed two thousand twenty (2,020) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures
3) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to ninety (90)
percent of the size of the house foundation, whichever is
greater.
4) No metal sheet/panel siding with vertical orientation except
upon tool sheds less than one hundred fifty (150) square
feet in area. Metal horizontal lap siding is acceptable.
5) Twenty-four (24) feet maximum height.
6) Roof and exterior color and material compatible with home
(except manufactured metal tool shed).
7) Lots that have shared ownership/membership in the Lino
Airpark may have a three thousand two hundred (3,200)
square foot accessory building as an airplane hangar
provided that:
a.) The hangar be earth tone in color.
Lino Lakes Zoning Ordinance General Provisions
3-23
b.) The hangar conform to Building Code standards for
hangar use.
c.) The hangar location has direct taxiway access to the
Lino Airpark runway.
f. Less than One and One -Quarter Acre. (R, R-X, R-1, R-1X, R-EC,
R-2, R-3, R-4, R-6, R-7, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed one thousand two hundred (1,200) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and one (1) detached
structure, or
b) Two (2) detached accessory structures.
3) Attached garages shall not exceed one thousand one
hundred twenty (1,120) square feet or equal to ninety (90)
percent of the size of the house foundation, whichever is
greater.
4) Twenty (20) foot maximum height.
5) No metal sheet/panel siding with vertical orientation except
upon tool sheds less than one hundred fifty (150) square
feet in area. Metal horizontal lap siding is acceptable.
6) Roof and exterior color and material compatible with home
(except manufactured tool shed).
7) Lots that have shared ownership/membership in the Lino
Airpark may have a three thousand two hundred (3,200)
square foot accessory building as an airplane hangar
provided that:
a) The hangar be earth tone in color.
b) The hangar conform to Building Code standards for
hangar use.
Lino Lakes Zoning Ordinance General Provisions
3-24
c) The hangar location has direct taxiway access to the
Lino Airpark runway.
9. Commercial and Industrial Zoning Districts. The following establishes the
maximum number, size, and height of accessory buildings allowed in the
commercial and industrial zoning districts:
a. Only one (1) accessory building shall be allowed not to exceed four
hundred (400) square feet except when intended for storage of
buses.
b. Building setbacks shall not exceed base district requirement.
c. Building height shall be limited to twelve (12) feet maximum except
when intended for storage of buses per Section 3, Subd. 4.B.2.b of
this Ordinance.
d. Metal buildings and pole barns are prohibited.
e. Roof and exterior color and material shall be compatible with the
principal structure.
f. Accessory buildings on commercial/industrial sites shall be limited
to typical accessory storage uses, no auxiliary commercial/
industrial use shall be allowed within an accessory storage
building.
g.
Site and building plan review shall not be required for accessory
building construction as an accessory building that meets the
requirements listed herein shall be considered a minor project for
the purposes of Section 2, Subd. 5.A of this Ordinance.
h. Accessory buildings shall not be located within an easement.
i. If the principal building is expanded to cover more of the lot, the
accessory building shall be removed if the intended need no longer
exists.
j•
Building permits shall be required as regulated by the State
Building Code.
Lino Lakes Zoning Ordinance General Provisions
3-25
Refuse and Recyclable Material.
1. Removal. Passenger automobiles and trucks not currently licensed by the
state, or which are because of mechanical deficiency incapable of
movement under their own power, parked or stored outside for a period in
excess of thirty (30) days, and all materials stored outside in violation of
City Code provisions are considered refuse or junk and shall be disposed
of within thirty (30) days of notification by the City.
2. Location and Screening.
a. Dwelling Units, Single Family, Duplexes, and All Other Residential
Structures With Four (4) or Less Units. Garbage cans, waste
containers and recycling bins shall be kept in rear or side yards.
b. Commercial, Industrial, Institutional, Residential With More Than
Four (4) Units.
1) All refuse, recyclable materials, and necessary handling
equipment including but not limited to garbage cans,
recycling bins, and dumpsters shall be stored within the
principal structure, within an accessory building, or totally
screened from eye level view from all neighboring uses and
the public right-of-way.
2) Exterior Storage. Exterior storage of refuse and recyclable
material shall require the following:
a) Exterior wall or fence treatment shall be similar and/or
complement the principal building.
b) The enclosed trash and/or recycling receptacle area
shall be located in the rear or side yard and shall
observe all applicable setback requirements and
easements.
c) The trash and/or recycling enclosure must be in an
accessible location for pick up hauling vehicles.
d) The trash and/or recycling receptacles must be fully
screened from view of adjacent properties and the
public right-of-way by a fence or wall of at least six (6)
Lino Lakes Zoning Ordinance General Provisions
3-26
feet in height and a minimum opaqueness of eighty
(80) percent.
e) All dumpsters, recycling bins, handling equipment,
and enclosures shall be approved by the Zoning
Administrator and be kept in a good state of repair
with lids designed to prevent spilling and spread of
debris and access by animals. The construction of
trash and recycling enclosures shall be per standards
established by the Community Development
Department. All designs and construction of trash
enclosures shall be subject to the Building Official's
approval.
F. Outdoor Lighting.
1. Purpose. It is the purpose of this section to encourage the use of lighting
systems that will reduce Tight pollution and promote energy conservation
while increasing night time safety, utility, security and productivity.
2. Exemptions. The provisions of this section shall not apply to the
following:
a. This section does not prohibit the use of temporary outdoor lighting
used during customary holiday seasons.
b. This section does not prohibit the use of temporary outdoor lighting
used for civic celebrations and promotions.
c. Lighting required by a government agency for the safe operation of
airplanes, or security lighting required on government buildings or
structures.
d. Emergency lighting by police, fire, and rescue authorities.
3. Non -Conforming Uses.
a. Existing Fixtures. All outdoor lighting fixtures existing and legally
installed prior to the effective date of this Ordinance are exempt
from regulations of this section but shall comply with the Ordinance
requirements for glare as follows:
1) Any lighting used to illuminate an off-street parking area,
sign or other structure, shall be arranged as to deflect light
Lino Lakes Zoning Ordinance General Provisions
3-27
away from any adjoining residential zone or from the public
streets. Direct or sky -reflected glare, where from flood lights
or from high temperature processes such as combustion or
welding shall not be directed into any adjoining property.
The source of lights shall be hooded or controlled in some
manner so as not to Tight adjacent property. Bare
incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or
combination of lights which cast light on a public street shall
not exceed one (1) foot candle (meter reading) as measured
from the right-of-way line of said street. Any light or
combination of lights which cast light on residential property
shall not exceed four -tenths (0.4) foot candles (meter
reading) as measured from said property.
b. New Fixtures. Whenever a light fixture that was existing on the
effective date of this Ordinance is replaced by a new outdoor light
fixture, the provisions of this section shall be complied with.
4. Intensity. No light source or combination thereof which cast Tight on a
public street shall exceed one (1) foot candle (meter reading) as
measured from the right-of-way line of said street nor shall any light
source or combination thereof which cast light on adjacent residential
property exceed four -tenths (0.4) foot candles (meter reading) as
measured at the property line per the method outlined in Section 3, Subd.
4.F.5 of this Ordinance.
5. Method of Measuring Light Intensity. The foot candle level of a Tight
source shall be taken after dark with the Tight meter held six (6) inches
above the ground with the meter facing the light source. A reading shall
be taken with the light source on, then with the light source off. The
different between the two readings will be identified as the light intensity.
6. Performance Standards.
a. Residential/Public/Semi-Public District Standards. In all residential
and public, semi-public districts, any lighting used to illuminate a
structure, an off-street parking area, or other area shall be
arranged as to deflect light away from any adjoining residential
property or from any public right-of-way. All lighting shall be
installed in accordance with the following provisions:
Lino Lakes Zoning Ordinance General Provisions
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1
The light source shall be hooded or controlled so as not to
light adjacent property in excess of the maximum intensity
defined by this Ordinance.
2) Bare Tight bulbs shall not be permitted in view of adjacent
property or public right-of-way, unless part of a permanent or
decorative fixture.
b. Business/Industrial District Standards. Any lighting used to
illuminate a structure, an off-street parking area, or other area shall
be arranged so as to deflect light away from any adjoining
residential property or from any public right-of-way. All lighting
shall be installed in accordance with the following provisions:
1) The luminaire shall contain a cutoff which directs and cuts
off the light at an angle of ninety (90) degrees or less.
2) Light sources shall not be permitted so as to light adjacent
property in excess of the maximum intensity defined in
Section 3, Subd. 4.F.4 of this Ordinance.
3) Architectural/historical light fixtures that feature globes that
are not shielded, or lighting of entire facades or architectural
features of a building may be approved by the City Council.
In no case shall the light affect adjacent property in excess
of the maximum intensity defined in Section 3, Subd. 4.F.4
of this Ordinance.
4) The maximum height of the fixture and pole above the
ground grade permitted for light sources is thirty (30) feet. A
light source mounted on a building shall not exceed the
height of the building. In no case shall the height of a light
source mounted on a pole or on a building exceed the height
limits of the zoning district in which the use is located, unless
allowed by conditional use permit.
5) Location.
a) The light source of an outdoor light fixture shall be set
back a minimum of ten (10) feet from a street right-of-
way and five (5) feet from an interior side or rear lot
line.
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b) No light source shall be located on the roof unless
said light enhances the architectural features of the
building and is approved by administrative permit.
6) Hours.
a) The use of outdoor lighting for parking lots serving
commercial and industrial businesses shall be turned
off one (1) hour after closing, except for approved
security lighting.
b) All illuminated on -premise signs for advertising
purposes shall be turned off between 12:00 AM and
sunrise except that said signs may be illuminated
while the business facility on the premise is open for
service.
7) Direct or reflected glare from high temperature processes
such as combustion or welding shall not be visible from any
adjoining property.
c. Outdoor Recreation. Outdoor commercial or public recreational
uses such as, but not limited to, baseball fields, football fields,
hockey rinks, and tennis courts have special requirements for night
time lighting. Due to these unique circumstances, an
administrative permit shall be required for commercial and public
outdoor recreational use lighting systems which do not comply with
the regulations of this section.
1) No outdoor recreation facility whether public or private shall
be illuminated after 11:00 PM, except for required security
lighting.
2) Off-street parking areas for outdoor recreation uses which
are illuminated shall meet the requirements stated for
business or industrial applications as found in Section 3,
Subd. 4.F.6.b of this Ordinance.
3) The provisions for an administrative use permit, Section 2,
Subd. 5 of this Ordinance, are considered and satisfactorily
met.
7. Submission of Plans. All applications, except single family residential,
that include outdoor lighting must include evidence the proposed outdoor
Lino Lakes Zoning Ordinance General Provisions
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lighting will comply with this section. The application shall contain the
following information, in addition to other required information:
a. Site plans indicating the location on the premises of all illuminating
devices, fixtures, lamps, supports, reflectors, and other lighting
devices.
b. Description of the type of illuminating devices, fixtures, lamps,
supports, reflectors, and other lighting devices (angle of cutoff).
The description shall include, but is not limited to, catalog cuts by
manufacturers and drawings (including sections where required).
c. Photometric plans illustrating the light emissions, and illumination
field of the proposed site lighting.
G. Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 7005, as amended.
H. Dust and Other Particulated Matter. The emission of dust, fly ash or other
particulated matter by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulation APC
7005, as amended.
I. Odors. The emission of odor by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 7005, as amended.
J. Noise. Noises emanating from any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulations MPC 7030, as amended and City Code.
K. Sewage Disposal. Where allowed, the installation of on -site sewage treatment
systems shall be in compliance with the provisions of the State Building Code
and applicable State and City codes.
L. Waste Material. Waste material resulting from or used in industrial or
commercial manufacturing, fabricating, servicing, processing or trimming shall
not be washed into the public storm sewer system, the sanitary sewer system or
any public water body, but shall be disposed of in a manner approved by the
Minnesota State Fire Marshal, the Pollution Control Agency, the Department of
Natural Resources and the Zoning Administrator.
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M. Bulk Storage (Liquid). All uses associated with the bulk storage of all
gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply
with requirements of the Minnesota State Fire Marshal, Minnesota Department of
Agricultural Offices, and have documents from those offices stating the use is in
compliance.
N. Radiation Emission. All activities that emit radioactivity shall comply with the
minimum requirements of the Minnesota Pollution Control Agency.
O. Electrical Emission. All activities which create electrical emissions shall
comply with the minimum requirements of the Federal Communications
Commission.
P. Exterior Storage.
1. Rural and Residential Zoning Districts.
a. Exceptions. All personal property in a rural or residential zoning
district and/or on properties ten (10) acres in size or less shall be
stored within a building or fully screened so as not to be visible
from adjoining properties and public streets, except for the
following:
1) Laundry drying.
2) Non -vehicular recreational equipment.
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment
currently (within a period of twelve (12) months) being used
on the premises.
6) Agricultural equipment and materials, if these are used or
intended for use on the premises.
7) Off-street parking of licensed passenger automobiles and
pick up trucks in designated driveway or parking area,
surfaced in compliance with Section 3, Subd. 5.C.8.i of this
Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
b. Recreational and Utility Vehicle and Trailer Storage. Recreational
vehicles, as defined by Section 3, Subd. 2 of this Ordinance may
be parked or stored on a residential site provided that:
1) The vehicles are registered to or rented by a resident of the
dwelling on such site, provided that:
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a) The vehicles have affixed thereto current registration
or license plates as required by law.
b) The vehicles are stored no closer than five (5) feet
from side and rear lot lines.
c) The vehicles located within front yard areas are
confined to designated driveways or parking areas
surfaced in compliance with Section 5, Subd. C.8.j. of
this Ordinance.
2) All front yard storage comply with the following setbacks
from street curb and pavement lines:
Street Classification Minimum setback from
curb/pavement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Local 15 feet
3) No vehicle shall be parked in a manner that blocks a city or
county park or trail.
4) The vehicles are not connected to any water or sewage
disposal system on the residential property where the same
is so parked or stored.
2. Commercial, Industrial and Public/Semi-Public Zoning Districts.
a. Exterior Storage. Exterior storage shall be governed by the
respective zoning district in which such use is located.
b. Screening. All exterior storage shall be screened so as not to be
visible from adjoining properties and public streets except for the
following:
1) Merchandise being displayed for sale in accordance with
zoning district requirements.
2) Materials and equipment currently being used for
construction on the premises.
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c. Within an industrial zoning district, the exterior storage of semi-
trailers accessory to the principal use may be allowed by
conditional use permit according to Section 8, Subd. 1 and Subd. 2.
Semi -trailers connected to semi -tractors queuing for loading or
unloading shall be considered truck parking and be exempt from
the outdoor storage conditional use permit.
3. All Zoning Districts.
a. Excepting temporary construction trailers and facilities operated by
public service agencies (i.e., bookmobile, bloodmobiles, etc.) as
allowed by the City Council, no recreational vehicle may be used
for office, business, industrial manufacturing, testing, or storage of
items in conjunction with a business, commercial or industrial
enterprise.
b. The City Council may order the owner of any property to cease or
modify open storage uses including existing uses, provided it is
found that such use constitutes a threat to the public health, safety,
convenience, or general welfare.
Q Required Screening, Landscaping, and Buffer Yards.
1. Screening. Where any business or industrial use (i.e., structure, parking
or storage) abuts property zoned for residential use, that business or
industry shall provide screening along the boundary of the residential
property. Screening shall also be provided where a business or industry
is across the street from a residential zone, but not on that side of a
business or industry considered to be the front (as determined by the
Zoning Administrator). All the fencing and screening specifically required
by this Ordinance shall be subject to Section 3, Subd. 4.Q. and shall
consist of either a fence or a green belt planting strip as provided for
below:
a. A green belt planting strip shall consist of vegetation and plants
and shall be of sufficient width and density to provide an effective
visual screen. This planting strip shall be designed to provide
eighty (80) percent opacity to a minimum height of six (6) feet at
time of planting. Earth mounding or berms may be used but shall
not be used to achieve more than three (3) feet of the required
screen. In such cases when planting strips are used in conjunction
with berms designed to support plant growth, plant height may be
Lino Lakes Zoning Ordinance General Provisions
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reduced accordingly such that an eighty (80) percent visual screen
of not less than six (6) feet in height is maintained. The planting
plan and type of plantings shall require the approval of the City
Council.
b. A required screening fence shall be constructed of masonry, brick,
wood or metal. Such fence shall provide a solid screening effect
six (6) feet in height. The design and materials used in
constructing a required screening fence shall be subject to the
approval of the City Council. Fences in excess of six (6) feet in
height shall require approval of the Building Official. Plantings shall
be included in the design of any screening fence except as
otherwise approved by the City Council due to grade constraints.
2. Landscaping - General Residential. The lot area remaining after providing
for off-street parking, off-street loading, sidewalks, driveways, building site
and/or other requirements shall be landscaped using ornamental grass,
shrubs, trees or other acceptable vegetation or treatment generally used
in landscaping prior to issuance of a certificate of occupancy. Occupancy
may be taken in the Winter provided a security is posted equal to one
hundred fifty (150) percent of the cost of any remaining landscaping to be
accomplished and all such remaining landscaping must be installed by the
first of June the following Spring. Fences or trees placed upon utility
easements require City approval and are subject to removal at the
owner's expense if required for the maintenance or improvement of the
utility. The City assumes no liability for replacement. Branches of trees
on utility easements containing overhead wires shall not extend within ten
(10) feet of such wires at mature plant height.
3. Landscaping - New Residential Subdivisions, Semi -Public and All Income
Producing Property Uses. (Excluding residential structures containing
less than four (4) dwelling units). Prior to approval of a building permit, all
above referenced uses shall be subject to mandatory landscape plan and
specification requirements.
a. The landscape plan shall be compared to all applicable CPTED
(Crime Prevention Through Environmental Design) standards and
reviewed by the police department.
b. The landscape plan must address the following:
1) The boundary or perimeter of the proposed subdivision or
site at points adjoining other properties.
Lino Lakes Zoning Ordinance General Provisions
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2) The immediate perimeter of the structure.
3) The perimeter and landscaped islands within parking and
loading areas, and light standards.
4) Preservation of existing trees in conformance with Section 3,
Subd. 4.Q.4 of this Ordinance.
5) Required screening and/or buffer yards.
6) Wetland, ponding, wetland filter strips, landscaping,
buffering and restoration.
c. All landscaping incorporated in said plan shall conform to the
following standards:
1) All plants must be at least equal to the following minimum
size:
Shade Trees*
Half Trees (Flowering
Crabapple,
Hawthorn, Etc.)
Evergreen Trees
Tall Shrubs & Hedge
Material (Evergreen
or Deciduous)
Low Shrubs - Deciduous
- Evergreen
- Spreading Evergreen
Potted/Bare Balled &
Root or Burlapped
2 in. dia 2 in. dia
6 - 7 ft.
1-1/2 in. dia
3-4ft.
3-4ft. 3-4ft.
18-24 in.
18-24 in.
potted
18-24 in.
potted
24-30 in.
24-30 in.
18-24 in.
* Type and mode are dependent upon time of planting season,
availability, and site conditions (soils, climate, ground water,
manmade irrigation, grading, etc.).
Lino Lakes Zoning Ordinance General Provisions
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2) Types of New Plantings. Plantings and suitable trees
include but are not limited to:
a) Deciduous Trees:
Common Name:
Oak
Maple
Hackberry (Thornless)
Birch
Honeylocust
Linden/Basswood (American
and Little Leaf)
Ash (Green and White)
Ginkgo (male tree only)
Kentucky Coffee Tree
Ohio Buckeye
Amur Chokecherry
Delaware American Elm
Amur Cork
Robusta Poplar
Niobe Weeping Willow
Crabapple
b)
Common Name:
Fir
Spruce
Pine
Canadian Hemlock
European Larch
Cedar
Scientific Name:
Quercus (all climatic Zone 3 varieties)
Acer (all climatic Zone 3 varieties)
Celtis occidentalis
Betula (all climatic Zone 3 varieties)
Gleditsia tricanthos
Tilia (cordata and americana)
Fraxinus (pennsylvania & americana)
Ginkgo biloba
Gymnocladus dioicus
Aesculus glabra
Prunus maackii
Ulmus americana "Delaware"
Phellodendron amurense
Populus X robusta
Salix X blanda
Malus spp.
Evergreen Trees:
c) Shrubs:
Common Name:
Dwarf -winged euonymus
Winged euonymus
Scientific Name:
Abies (all climatic Zone 3 varieties/
Pseudotsuga)
Picea (all climatic Zone 3 varieties)
Pinus (all climatic Zone 3 varieties)
Tsuga canadensis
Larix decidua
Cedrus (all climatic Zone 3 varieties)
Scientific Name:
Euonymus alatus "compactus"
Euonymus alatus
Lino Lakes Zoning Ordinance General Provisions
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Privet
Mock orange
Sumac
Common lilac
Japanese yew
American arborvitae
d)
Common Name:
Ground juniper
Periwinkle, myrtle
Ligustrum spp.
Philadelphus spp.
Rhus spp.
Syringa vulgaris
Taxus cuspidata
Thuja occidentalis
Ground Covers:
Scientific Name:
Juniperus spp.
Vinca minor
e) Wetland and Pond Plantings: All wetland and pond
plantings shall require City review and approval.
3) Prohibited Trees:
a) Deciduous Trees:
Amur Maple
Norway Maple
Silver Maple
Siberian Elm
Cottonwood
b) Coniferous Trees:
Colorado Spruce
4) Design.
a) The landscape plan must show some form of
designed site amenities (i.e., composition of plant
materials, and/or creative grading, decorative lighting,
exterior sculpture, etc., which are largely intended for
aesthetic purposes).
b) All areas within the property lines (or beyond, if site
grading extends beyond) shall be treated. All exterior
areas not paved or designated as roads, parking, or
storage must be planted into ornamental vegetation
Lino Lakes Zoning Ordinance General Provisions
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(lawns, ground covers, or shrubs) unless otherwise
approved by the City.
c) Turf slopes in excess of three to one (3:1) are
prohibited.
d) Four (4) inches of black dirt shall be applied to all
disturbed landscape situations and be thoroughly
tilled into the sub -grade to a minimum depth of seven
(7) inches. Existing top soil shall be preserved in
place or stockpiled and redistributed on the site as
top soil in final grading.
e) All ground areas under the building roof overhang
must be treated with a decorative mulch and/or
foundation planting.
f) All sites must have irrigation or an exterior water
spigot to insure that landscape maintenance can be
accomplished.
g)
Trees and shrubs shall not be planted in the right-of-
way except for designated parkways and boulevard
reforestation as determined by City.
h) Plant material centers shall not be located closer than
three (3) feet from the fence line or property line and
shall not be planted to conflict with public plantings
based on the judgment of the City.
i) Where planting materials are planted in two or more
rows, plantings shall be staggered in rows unless
otherwise approved by the City staff.
j)
Large deciduous shrubs shall be planted so that
mature widths shall overlap so as to provide an
effective visual screen.
k) All landscaped areas, except those consisting entirely
of prairie plantings, shall be mulched to a minimum of
two (2) inches with a mulch material deemed
acceptable by the City.
Lino Lakes Zoning Ordinance General Provisions
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I) In areas with naturalistic plantings, plant mix and
spacing should approximate native plant communities
and/or readily succeed to a naturalistic stand. In
addition, naturalist plantings should be bordered with
a strip of mowed grass or other more "manicured"
edge.
Landscape Guarantee. All new plants shall be guaranteed
for twelve (12) months from the time construction has been
completed. All plants shall be alive, of good quality, and
disease free at the end of the warranty period or be
replaced. Any replacements shall be warranted for twelve
(12) months from the time of planting or a letter of credit
and/or cash escrow in lieu of a warranty.
4. Tree Preservation.
a. Tree Preservation for Single Family Custom Graded Lots in a Tree
Preservation Subdivision and Commercial, Industrial, Multiple
Family Residential, and Institutional Lots.
1) Builders shall furnish the following items for tree
preservation at the time the building permit application is
submitted for all lots with at least one (1) significant tree:
a) A tree preservation plan with the elements described
below. The individual lot tree preservation plan shall
be certified by a forester or landscape architect and
signed by the homeowner.
b) Financial security in an amount determined by City
Council, and adopted by ordinance, shall be required
for tree protection requirements for each lot or outlot
with at least one (1) significant tree to be saved and
each lot that is a custom grading lot.
2) Builders shall be liable for their sub -contractors that destroy
or damage significant trees that were indicated to be saved
on the individual lot tree preservation plan.
3) Tree protection measures shall remain in place until all
grading and construction activity is terminated.
Lino Lakes Zoning Ordinance General Provisions
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Site grading for individual lots shall comply with the final
grading plan of the plat and shall not result in the flooding of
tree preservation areas.
5) No soil disturbance shall occur within the lot until the tree
preservation plan is approved and tree protection measures
are in place.
6) Pruning of oak trees shall not take place from April 15
through July 1. If wounding of oak trees occurs, a non -toxic
tree wound dressing must be applied immediately. A non-
toxic tree wound dressing shall be available on the
development site at all times.
7) Builders, contractors, or others working on site shall not fill,
stockpile materials, or store equipment or vehicles against
the trunk of the tree, in the critical root zone, or under the
drip line of a tree to be saved.
8) On mass graded lots with at least one (1) significant tree to
be saved, home builders are required to follow the tree
preservation plan for the plat.
9) For each custom graded lot with at least one (1) significant
tree, the builder shall submit an individual lot tree
preservation plan. The plan shall be consistent with the
original tree preservation plan for the plat. The property
owner and/or builder, applicant's forester, or landscape
architect shall meet with City staff prior to the development
of the individual lot tree preservation plan to determine the
placement of the building where the fewest significant trees
would be destroyed or damaged. The builder shall be
responsible for ensuring the tree preservation plan is
followed during building construction.
10) The tree preservation plan shall be prepared and
incorporated on the certificate of survey required for a
building permit and shall include the following:
a) Size, species, and location of all significant trees,
specimen trees, and significant tree stands including
significant trees with drip lines or critical root zones
extending over the lot line of an adjoining lot.
Lino Lakes Zoning Ordinance General Provisions
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b) Identification of all significant trees proposed to be
saved and significant trees proposed to be removed,
including significant trees with drip lines or critical root
zones extending over the lot line of an adjoining lot.
c) Location of snow fencing or polyethylene laminar
safety netting placed at the drip line or critical root
zones.
d) Installation of signage at all tree protection areas that
instructs workers to stay out.
e) Erosion control methods.
f) Measures proposed to protect significant trees
including but not limited to:
g)
(i)
Tree removal procedures including directional
felling away from existing trees to be saved
and trenching to separate root systems prior to
bulldozing trees or stumps.
(ii) Coordination of utility planning with tree
preservation plan to strategically extend utility
connections from the street to the building in a
manner that protects trees intended to be
saved.
(iii) Measures for preventing changes in soil
chemistry due to concrete wash out and
leakage or spillage of toxic materials such as
fuels or paints.
Creation of a temporary access road when temporary
site access through a significant tree stand or a
critical root zone of a significant tree to be saved is
necessary that meets the following standards:
(i) The temporary access road shall be routed in a
manner that is least disruptive to the significant
tree stand per the approval of the City
Forester.
Lino Lakes Zoning Ordinance General Provisions
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(ii) Temporary access roads shall not exceed
twenty-five (25) feet in width and shall be
delineated by snow fencing or safety fencing.
(iii) An eight (8) inch deep cover of wood chip
mulch shall be placed over the temporary
access road to cushion the critical root zones
from compaction.
11) Building inspectors shall monitor the tree protection
measures at the time of routine inspections.
12) If tree replacement is required on the individual lot because
a tree which was to be saved was destroyed or damaged,
the applicant's forester or landscape architect, in conjunction
with the property owner, shall determine where the
replacement trees shall be installed. Replacement trees
shall not be placed on easements or street rights -of -way.
13) Prior to the issuance of a certificate of occupancy and
release of tree preservation security, the applicant's forester
or landscape architect shall certify to the City in writing the
final disposition of saved trees on the lot and that all the tree
protection measures identified on the tree preservation plan
were installed from the start of construction to the end of
construction and tree replacement is completed, if
necessary.
5. Buffer Yards.
a. Establishment. Space for buffering/screening plantings shall be
established along major highways, arterials, and collector streets in
accordance with the applicable provisions of the City's subdivision
regulations.
b. Screening Plan Required. For applicable subdivisions, a
comprehensive screening plan shall be submitted. The plan shall
identify all proposed buffer screening in both plan and sectional
view.
c. Timing/Responsibility of Installation. Weather permitting, all buffer
yards, berms, and/or plantings shall be constructed or planted prior
to the issuance of an occupancy permit.
d. Maintenance.
Lino Lakes Zoning Ordinance General Provisions
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1) Maintenance of the buffer strip planting and/or fence shall be
the responsibility of the individual property owners or if
applicable, the homeowners association.
2) Color of the screening wall or fence shall be uniform along
its entire length and shall not be modified without City
approval.
3) All repairs to the screening wall or fence shall be consistent
with the original screening wall fence design in regard to
location and appearance.
4) Replacement of landscape materials or plantings in a screen
area shall be consistent with the original screen design.
5) All repair or plant replacement shall be done within forty-five
(45) days of written notification from the City or if applicable,
the homeowners association.
e. Design Standards.
1) Plantings. All plantings within designated buffer yards shall
comply with the following:
a) Plant material centers shall not be located closer than
three (3) feet from the fence line or property line.
b) Landscape screen plant material shall be planted in
two (2) or more rows. Plantings shall be staggered in
rows unless otherwise approved by the City.
c) Where massing of plants or screening is intended,
deciduous shrubs shall not be planted more than four
(4) feet on center, and/or evergreen shrubs shall not
be planted more than three (3) feet on center.
d) Landscape material sizes shall be consistent with
Section 3, Subd. 4.Q.3 of this Ordinance.
e) Plantings suitable for buffering/screening purposes
include, but are not limited to, types listed in Section
3, Subd. 4.Q.2 of this Ordinance:
Lino Lakes Zoning Ordinance General Provisions
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f) In areas with naturalistic plantings, plant mix and
spacing should approximate native plant communities
and/or readily succeed to a naturalistic stand. In
addition, naturalist plantings should be bordered with
a strip of mowed grass or other more "manicured"
edge.
2) Walls and Fences. All walls and fences erected within
designated buffer yards shall comply with the following:
a) At least fifty (50) percent of the street side of a
screening fence shall be landscaped with plant
materials. Plant materials shall be at least equal to
the fence height.
b) Exposed fences shall run a maximum length of fifty
(50) feet between landscaping areas or clusters.
c) Walls, fences and landscaping shall not be located
within the traffic visibility triangle as defined in Section
3, Subd. 3.E.1.c of the Zoning Ordinance.
3) Earth Berms. Earth berms designed to support landscape
plantings existing within designated buffer yards shall:
a) Be designed to support plantings.
b) Not exceed a three to one (3:1) slope unless
approved by the City Engineer.
c) Contain no less than four (4) inches of topsoil.
4) Maintenance.
a) General. The property owner, or if applicable, the
homeowners association, shall be responsible for
maintenance of landscape elements (plants,
structures, pavement, etc.) so as to present a neat
and aesthetically pleasing appearance free of any
unhealthy or potentially unsafe conditions.
b) Disease Control. Plants shall be maintained in a
healthful, disease -free condition. Plants that have
died or become diseased shall be promptly replaced.
Lino Lakes Zoning Ordinance General Provisions
3-45
c) Watering. Automatic irrigation systems should be
operated between the hours of midnight and 6:00 AM
or as otherwise approved by the City. Irrigating
during these hours reduces fungus growth and loss of
water due to evaporation. Irrigation systems shall be
maintained to minimize water waste due to loss of
heads, broken pipes, or misadjusted nozzles.
d) Pruning. All pruning should be accomplished
according to good horticultural practices. Trees shall
be pruned only as necessary to promote healthy
growth.
e) Removal or Replacement. It shall be the
responsibility of the property owner, or if applicable,
the homeowners association, to remove any trees or
shrubs, or parts thereof, that are dead, diseased, or
that overhang or interfere with traffic control devices,
public sidewalks, rights -of -way, or property owned by
someone else.
f) Non -Compliance. If the City finds that the property is
not in compliance with the approved landscaping/
screening plan, it shall inform the applicant regarding
the non-compliance and describe, in writing, the steps
needed to bring the property into compliance within a
reasonable timeframe, not to exceed sixty (60)
calendar days.
g)
Use of Performance Security. If after notification of
non-compliance, the applicant fails to achieve
compliance within sixty (60) calendar days, the City
may exercise its authority to use the performance
security to complete the landscape/screening plan.
R. Fences. Fences shall be permitted in all required yards subject to the following:
1. Permit Required. It is unlawful for any person hereafter to construct or
cause to be constructed or erected within the platted areas of the City,
any fence without first making an application for and securing a fence
permit.
Lino Lakes Zoning Ordinance General Provisions
3-46
2. Certificate of Survey. An application for a fence permit shall be
accompanied by a current certificate of survey providing exact lot
dimensions, the location of existing buildings, structures, and easements
on the lot, and the location of the proposed fence. At the discretion of the
City, a final plat detail of the lot with the required information shown may
suffice if no certificate of survey is available. Applicant shall be required
to physically identify the property corners for City inspection.
3. Location. All fences or walls shall be located entirely within the private
property of the person, firm, or corporation constructing or causing the
construction of such fence.
a. No fence or wall shall be permitted on public rights -of -way.
b. Traffic visibility requirements set forth in Section 3, Subd. 3.D.3.b of
this Ordinance shall be satisfactorily met.
c. No fence or wall shall obstruct natural drainage.
d. Fences may be constructed within public and private utility and
drainage easements provided that:
1) No fence or wall shall be located within a drainage or utility
easement without written permission of the Zoning
Administrator and the filing of an encroachment agreement.
2) Removal of a fence or wall or a portion thereof for the
purpose of utilizing the easement shall be at the property
owner's expense.
4. Construction and Maintenance.
a. Every fence shall be constructed in a professional and substantial
manner and of substantial material reasonably suitable for the
purpose for which the fence is proposed to be used. The materials
and design shall also be compatible with other structures in the
area in which the fence is located and shall not cause blight or a
negative impact. Fences shall be at least ten (10) percent open to
provide space for the passage of air. No used material shall be
used in conjunction of fences.
b. Every fence shall be maintained in a condition of reasonable repair
and shall not be allowed to become and remain in a condition of
disrepair or danger, or constitute a nuisance, public or private. Any
Lino Lakes Zoning Ordinance General Provisions
3-47
such fence which is or has become dangerous to the public safety,
health or welfare is a public nuisance, and the City shall commence
proper proceedings for the abatement thereof.
c. All posts or similar supporting instruments used in the construction
of fences shall be faced inward toward the property being fenced.
That side of the fence considered to be the face shall be oriented
toward abutting property.
d. Fences which are ninety (90) percent open (barb wire, chain Zink,
woven wire, and other similar type fences) which are for the sole
purpose of containing non -domestic animals within a rural zoning
district are not subject to the provisions of this Ordinance and do
not require a building permit. Chain link fences shall have round
steel parts and braces.
e. Solid walls and retaining walls (such as masonry construction) in
excess of forty-two (42) inches in height shall be prohibited. When
utilized, tiered retaining walls shall be separated by a horizontal
landing not Tess than three (3) feet in width.
5. Access. All fences shall be provided with a gate which affords
reasonable and convenient access for public safety.
6. Residential District Fences. All residential district fences shall be placed
within the property being fenced.
a. Fences may be located in any yard up to a height of four (4) feet.
b. Except as prohibited by Subd. T.6.c below, a fence up to six (6)
feet high may be erected from a line extended from the front facade
of the principal building to the side lot lines, and then along the side
lot lines and the rear lot line (see Diagram 6.b).
c. Should the rear lot line of a lot be common with the side lot line of
an abutting lot, that portion of the rear or side lot equal to the
required front yard setback of the abutting lot shall not be fenced to
a height of more than four (4) feet. For the purpose of this section,
the front and side yards of the abutting lot shall be as defined in
this Ordinance rather than as related to the orientation of the house
(see Diagram 6.c).
d. Residential Fences Height Exceptions.
Lino Lakes Zoning Ordinance General Provisions
3-48
1) Fences for sport courts may be up to twelve (12) feet in
height with ten (10) foot setback.
2) Residential boundary line fences may be erected to a height
of eight (8) feet along a property line abutting a commercial,
industrial, or semi-public use or zoning district.
e. Wire fence other than chain link shall not be permitted as boundary
line fences within five (5) feet of the property in residential zoning
districts.
f. Electrical and barb wire fences are prohibited in residential zoning
districts.
Lino Lakes Zoning Ordinance
3-49
General Provisions
7. Commercial and Industrial District Fences. (See Diagram 7 abc)
a. A fence not exceeding four (4) feet in height may be erected in any
yard.
b. A fence not exceeding eight (8) feet in height may be erected
parallel to the front lot line from a front corner of a principal building
to a side lot line that is not adjacent to a street.
c. A fence not exceeding ten (10) feet in height may be erected on a
rear lot line or on a side lot line that is not adjacent to a street from
a point where the front facade of a principal building would intersect
with a side lot line extending to the rear property line.
d. Should the rear lot line be common with the side lot line of an
abutting lot, that portion of the rear lot line equal to the required
front yard setback of the abutting lot shall not be fenced to a height
of more than four (4) feet.
r
1
1
10' fence
allowed —111
street right of way
FENCES IN BUSINESS AND
INDUSTRIAL ZONES
8' fence
allowed
4' fence
allowed
Diagram 7 abc
e. Within commercial and industrial and public/semi-public zoning
districts, barbed wire may be attached to the tops of fences with the
following conditions:
1) Fences must be a minimum of eight (8) feet in height
exclusive of the security arm.
Lino Lakes Zoning Ordinance
3-50
General Provisions
2) The security arm must be angled in such a manner that it
extends only over the property of the permit holder.
3) Wire security fencing shall not be permitted within the
required front yard or along a property line abutting a
residential use.
8. Public and Semi -Public District Fences. Fences in the public and semi-
public districts may be erected in any yard to a height of eight (8) feet.
Barbed wire fences used for security purposes may be permitted in the
public and semi-public zoning district per Section 3, Subd. 4.T.7.e of this
Ordinance.
Lino Lakes Zoning Ordinance General Provisions
3-51
Subd. 5. Off -Street Parking.
A. Purpose. The regulation of off-street parking spaces in these zoning
regulations is to alleviate or prevent congestion of the public right-of-way and to
promote the safety and general welfare of the public, by establishing minimum
requirements for off-street parking of motor vehicles upon various parcels of land
or structures.
B. Application of Off -Street Parking Regulations. The regulations and
requirements set forth herein shall apply to all off-street parking facilities in all of
the zoning districts of the City.
C. General Provisions.
1. Space Reduction. Existing off-street parking spaces upon the effective
date of this Ordinance shall not be reduced in number unless said number
exceeds the requirements set forth herein for a similar new use.
2. Existing Uses. Should a legal, non -conforming building, structure, or use
in existence upon the effective date of this Ordinance be damaged or
destroyed by fire or other cause, it may be re-established in accordance
with Section 3, Subd. 2 of this Ordinance, except that in so doing, any off-
street parking or loading which existed must be retained.
3. Change of Use or Occupancy of Buildings. Any change of use or
occupancy of any building or buildings including additions thereto
requiring more parking area shall not be permitted until there is furnished
such additional parking spaces as required by these zoning regulations.
4. 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.
5. Accessible Parking. All parking associated with any building, structure or
use shall be required to conform to the disability accessible parking
standards pursuant to Minnesota Statutes 168.021, as may be amended .
6. Use of Parking Facilities in a Residential District. Except as allowed
under Section 3, Subd. 5.L, off-street parking facilities accessory to a
residential use shall be utilized solely for the parking of passenger
automobiles, recreational vehicles, and/or one truck not to exceed eleven
thousand seventy-five (11,075) pounds gross weight rating for each
dwelling.
Lino Lakes Zoning Ordinance General Provisions
3-52
7 Calculating Space.
a. The term "floor area" for the purpose of calculating the number of
off-street parking spaces required shall be determined on the basis
of the exterior floor area dimensions of the buildings, structure or
use times the number of floors, minus ten (10) percent, except
when floor plans are submitted that identify net usable floor area of
the building exclusive of ancillary floor areas that do not generate
parking demand (e.g., stair wells, hallways, restrooms, closets,
utility rooms).
b. When determining the number of off-street parking spaces results
in a fraction, each fraction of one-half (1/2) or more shall constitute
another space.
c. In gymnasiums, churches and other places of public assembly in
which patrons or spectators occupy benches, pews or other similar
seating facilities, each twenty-two (22) inches of such seating
facilities shall be counted as one (1) seat for the purpose of
determining requirements.
d. Except as provided for under joint parking and shopping centers,
should a structure contain two (2) or more types of use, each use
shall be calculated separately for determining the total off-street
parking spaces required.
e. In hospitals, bassinets shall not be counted as beds.
8. Stall, Aisle and Driveway Design.
a. Parking Area Standards. Parking areas and the aisles shall be
developed in compliance with the following standards:
Angle of
Parking
Stall
Width
Curb
Length
Per Car
Stall
Length
Stall Depth
Wall to
Aisle
Stall Depth
Interlock to
Aisle
Aisle
One Way
Width
Two Way
90°
9'
0"
9'
0"
18'
0"
18'
0"
18'
0"
24'
0"
24'
0"
750
9'
0"
9'
6"
18'
0"
20'
8"
19'
10"
21'
6"
23'
0"
60°
9'
0"
10'
5"
18'
0"
21'
0"
19'
10"
18'
0"
22'
0"
45°
9'
0"
12'
9"
18'
0"
19'
10"
17'
10"
15'
0"
22'
0"
0°
9'
0"
22'
0"
22'
0"
9'
0"
9'
0"
12'
0"
24'
0"
Lino Lakes Zoning Ordinance
3-53
General Provisions
A - Angle of Parking
E - Stall Width
C - Curb Length
per Car
D - Stall Length
E - Stall Depth
F - Aisle Width
G - Overlap
H - Overhang
b. Within Structures. The off-street parking requirements may be
furnished by providing a space so designed within the principal
building or one (1) structure attached thereto. No building permit
shall be issued to convert said parking structure into a dwelling unit
or living area or other activity until other adequate provisions are
made to comply with the required off-street parking provisions of
this Ordinance.
c. Collector/Minor Arterial Street Access. Access to any street shown
as a collector or arterial roadway on the City's Transportation Plan
shall require review and comment by the affected agency (Anoka
County Highway Engineer or MnDOT) and City. This review shall
be required prior to the issuance of any building permits. The
County or City Engineer shall determine the appropriate location,
size and design of each access drive and may limit the number of
access drives in the interest of public safety and efficient traffic
flow.
d. Street/Alley Access. Except in the case of single, two family,
townhouse and quadraminium dwellings, parking areas shall be
designed so that circulation between parking bays or aisles occurs
within the designated parking lot and does not depend upon a
Lino Lakes Zoning Ordinance General Provisions
3-54
public street or alley. Except in the case of single, two family,
townhouse, and quadraminium dwellings, parking area design
which requires backing into the public street is prohibited. New
residential subdivisions shall be designed to limit direct lot access
onto any street shown as a collector or arterial roadway on the
City's Transportation Plan.
e. Tandem Parking. The required parking spaces serving one and
two family dwellings may be designed for parking not more than
two (2) vehicles in a tandem arrangement for each dwelling unit in
order to comply with the requirements of this Ordinance.
f. Curb Cut/Driveway Access Location.
1) No curb cut/driveway access shall be located less than thirty
(30) feet from the intersection of two (2) or more local or
minor street rights -of -way. This distance shall be measured
from the intersection of lot lines. Curb cut/driveway access
setbacks from the intersection of streets with higher
functional classifications shall be consistent with the
recommendations of the Comprehensive Plan and require
approval by the City Engineer.
a) Street functional classification shall be defined by the
Lino Lakes Comprehensive Plan.
b) The setback measurement shall be measured from
the edge of the street right-of-way to the nearest edge
of the curb cut.
c) Driveways onto arterials and major collectors shall be
prohibited where alternative street access is
available. For existing lots of record, where
alternative access is not available, direct access onto
arterial and major collectors may be permitted,
provided a site plan is submitted for review and
approval of the City Engineer. Approval is also
subject to the conditions of this Ordinance.
2) Curb cut/driveway access on a public street except for
single, two family, and townhouse dwellings shall not be
located less than forty (40) feet from one another.
Lino Lakes Zoning Ordinance General Provisions
3-55
g.
3) Except with special approval from the City Engineer, curb
cut openings and driveways shall be a minimum of five (5)
feet from the side yard property line in all districts. Any
shared driveway shall include a maintenance and access
agreement.
4) A single-family lot in a residential zoning district shall not
have more than one driveway accessing a public street.
Curb Cut/Driveway Width. No curb cut shall exceed twenty-six
(26) feet in width within a residential zoning district, or thirty-six (36)
feet in width if the property is in a commercial, industrial, or
public/semi-public zoning district, as measured at the street right-
of-way line unless approved by the City Engineer. The driveway
associated with such curb cut may increase in width at an angle not
greater than forty-five (45) degrees.
1
Driveway may increase at an
of not exeater than 45 degrees
26'
gle
Curb Cut Width At ROW line:
26 ft. Max. or 36 ft. Max. if
Cnmmerrial
h. Emergency Vehicle Access.
curb
1) 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:
Lino Lakes Zoning Ordinance General Provisions
3-56
DRIVEWAY/ACCESS STANDARDS
Single Family Detached Uses
Commercial Uses
Maximum
Slope
Ten (10) foot vertical rise in one
hundred (100) horizontal feet.
Eight (8) feet rise in one
hundred (100) horizontal.
Minimum
Width
Ten (10) foot wide driveway base.
Vegetation should be cleared to
eight (8) feet on each side of
driveway centerline from the
roadway to the front property line.
Twenty (20) feet driveway
base or as approved by
community engineer.
2) All lots or parcels shall have direct, adequate, physical
access for emergency vehicles along the frontage of the lot
or parcel from either an existing dedicated public roadway or
an approved private roadway.
3) 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.
i. Grade Elevation. Excepting driveways for single family and two
family dwellings, the grade elevation of a parking area shall not
exceed five (5) percent.
Surfacing. All access driveways, approaches, sales lots, and
parking areas shall be surfaced with asphalt or concrete in a
manner approved by the City Engineer. On parcels less than one
(1) acre in size within the rural and residential districts, asphalt,
concrete, cobblestone, or paving brick surfaces are required. The
City may allow up to twenty-five (25) percent of the required
parking stalls be provided as green parking with a turf surface
supported by a City approved parking lot sub -base and a turf guard
fabric. 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 one (1) or more acres. These may be surfaced with:
1) Class 5 gravel.
2) Pea rock.
3) Crushed rock.
4) Agricultural lime in a manner approved by the City Engineer.
Lino Lakes Zoning Ordinance General Provisions
3-57
k. Striping. Except for single, two family, townhouse,
quadraminiums, and green parking lots, all parking stalls shall be
marked with white or yellow painted lines not less than four (4)
inches wide.
Lighting. Any lighting used to illuminate an off-street parking area
shall be arranged as to reflect the light away from the adjoining
property. All exterior lighting shall comply with Section 3, Subd. 4.F
of this Ordinance.
m. Curbing and Landscaping. Except for single, two family,
townhouse and quadraminiums, all open off-street parking shall
have a continuous concrete perimeter curb barrier around the
entire parking lot. Said curb barrier shall not be closer than the
required parking setback of the respective zoning district. Grass,
plantings or screening shall be provided in all areas bordering the
parking area.
n. Screening. When a parking area of six (6) spaces or more is
adjacent to a street or residential area, a berm, wall, or fence not
less than four (4) feet in height shall be erected along the parking
area to screen headlights. Grass or plantings shall occupy the
space between the parking lot curb or fence and the street surface.
(The City Council may recommend screening in lieu of fencing.)
o. Parking Lot Landscaping.
1) All exposed parking areas of six (6) or more required spaces
shall be landscaped on all sides in compliance with Section
3, Subd. 4.Q of this Ordinance.
2) Within off-street parking facilities for commercial uses of fifty
(50) or more stalls, irrigated landscaped islands or
peninsulas or rain gardens shall be provided at a rate of one
hundred (100) square feet per twenty-five (25) surface stalls
or fraction thereof. Such islands or peninsulas shall be
contained within raised, curbed beds consistent with other
applicable parking lot construction requirements of this
Ordinance. It is not the intent of this section to relieve a
project of the installation of islands or peninsulas that are
necessary to promote the safe and efficient flow of traffic,
regardless of parking lot size.
Lino Lakes Zoning Ordinance General Provisions
3-58
P.
3) No landscaping or screening shall interfere with drive or
pedestrian visibility for vehicle entering, circulating or exiting
the premises.
Cart Storage. Retail commercial uses that have customer service
carts shall be required to provide ample space for the storage of
carts within off-street parking areas, subject to the approval of the
Zoning Administrator. The need and specific amount of required
cart storage space shall be determined as part of site plan review.
When required, cart storage areas shall not occupy required off-
street parking space, shall be clearly delineated, and shall include
facilities for cart confinement.
D. Maintenance. It shall be the joint responsibility of the operator and owner of the
principal use, uses and/or buildings to maintain, in a neat and adequate manner,
the parking space, access ways, landscaping and required screening.
E. Location. All accessory off-street parking facilities required by this Ordinance
shall be located and restricted as follows:
1. Required accessory off-street parking shall be on the same lot under the
same ownership as the principal use being served, except under the
provisions of Section 3, Subd. 5.H. and 5.1.
2. Spaces accessory to one and two family dwellings shall be located on the
same lot as the principal use served.
3. Spaces accessory to multiple family dwellings shall be located on the
same lot as the principal use served and within two hundred (200) feet of
the main entrance to the principal building served.
4. Spaces accessory to uses located in a business, industrial or public and
semi-public district shall be located, within eight hundred (800) feet of a
main entrance to the principal building served.
5. No off-street parking space located in a business, industrial or public and
semi-public district shall be permitted within a public right-of-way or within
fifteen (15) feet of any street surface.
6. Off-street parking shall meet the setback standard of the respective
zoning district.
7 In the case of single family dwellings which lie upon lots smaller than one
(1) acre, two family, townhouse and quadraminium dwellings, parking
Lino Lakes Zoning Ordinance General Provisions
3-59
shall be prohibited in any portion of the front yard except designated
driveways leading directly into a garage or one (1) open, surfaced space
located on the side of a driveway, away from the principal use. Said extra
space shall be surfaced in a manner consistent with Section 3, Subd.
5.C.8.i of this Ordinance.
F. Number of Spaces Required. The following minimum number of off-street
parking spaces shall be provided and maintained by ownership, easement
and/or lease for and during the life of the respective uses hereinafter set forth:
1. Single Family and Two Family Dwellings. Two (2) spaces per unit.
2. Boarding House/Accessory Apartment. At least one (1) parking space
for each person for whom accommodations are provided for sleeping.
3. Townhome, Quadraminium, Manor Home, Multiple Family Dwellings, and
Mobile Homes within Mobile Home Parks. At least two and one-fourth
(2-1/4) rent-free spaces per unit. In projects involving eight (8) or more
units, the City may require additional clustered guest parking spaces
based upon calculation of required demand.
4. Elderly (Senior Citizen) Housing. Reservation of area equal to one (1)
parking space per unit. Initial development is, however, required of only
one-half (1/2) space per unit and said number of spaces can continue until
such time as the City Council considers a need for additional parking
spaces has been demonstrated.
5. Rest Home, Nursing Home, Convalescent Center, or Institution. One (1)
space for each six (6) beds based upon maximum design capacity, plus
one (1) space for each two (2) employees.
6. Hospitals. Two (2) spaces for each bed.
7. Schools, Elementary and Junior High. One (1) space for each
classroom plus one (1) additional space for each three hundred (300)
student capacity, plus one (1) space for each employee, plus one (1)
space for each four (4) seats in auditorium.
8. High School and Colleges. One (1) space for each classroom plus one
(1) additional space for each seven (7) students based upon maximum
design capacity.
9. Church, Theater, Auditorium. At least one (1) parking space for each
three (3) seats based on the design capacity of the main assembly hall.
Lino Lakes Zoning Ordinance General Provisions
3-60
Facilities as may be provided in conjunction with such buildings or uses
shall be subject to additional requirements which are imposed by this
Ordinance.
10. Community Centers, Libraries, Private Clubs, Lodges, Museums, Art
Galleries. One (1) space for each three hundred (300) square feet of floor
area in the principal structure.
11. Day Care Facilities.
a. Day care facilities serving fourteen (14) or fewer persons: Two (2)
spaces per unit.
b. All other day care facilities: One (1) space per teacher on the
largest shift, plus one (1) space per five (5) students/children based
on maximum capacity of the facility.
12. Office Buildings, Animal Hospitals and Clinics, Professional Offices and
Medical Clinics. Three (3) spaces plus at least one (1) space for each two
hundred (200) square feet of floor area.
13. Financial Institutions, Banks, Savings and Loan. Four (4) spaces for
every one thousand (1,000) square feet.
14. Health Club. One (1) space per two (2)exercise stations (e.g., strength
machine or cardio vascular) plus one (1) space per employee on the
largest shift plus additional parking for ancillary uses (e.g., gyms,
auditoriums, offices, restaurants).
15. Retail Store and Service Establishment. At least one (1) off-street
parking space for each two hundred (200) square feet of floor area.
16. Shopping Centers. Five and one-half (5-1/2) spaces per each one
thousand (1,000) square feet of gross leasable floor area (exclusive of
common areas)
17. Retail Sales and Service Business with Fifty (50) Percent or More of
Gross Floor area Devoted to Storage, Warehouses and/or Industry. At
least eight (8) spaces or one (1) space for each two hundred (200) square
feet devoted to public sales or service, plus one (1) space for each five
hundred (500) square feet of storage area.
18. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On -
Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square
Lino Lakes Zoning Ordinance General Provisions
3-61
feet of dining room, plus one (1) space for each employee of the
maximum work shift.
19. Fast Food Restaurant. Fifteen (15) spaces per one thousand (1,000)
square feet of gross floor area.
20. Motels, Motor Hotels, Hotels. One (1) space per each rental unit plus
one (1) space for each eight (8) units, and one (1) space for each
employee on any shift.
21. Laundromats. Six (6) spaces per one thousand (1,000) square feet of
floor area.
22. Motor Fuel Station. At least four (4) off-street parking spaces plus one
(1) space for each employee on duty. Those facilities designed for sale of
other items than strictly automotive products, parts or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance. Parking at fuel pumps shall not be allowed to
satisfy the parking requirements.
23. Auto Repair. Two (2) spaces per serving bay; the service bay is not a
parking space.
24. Auto, Boat, Trailer, Farm Equipment Sales Lot. Four (4) spaces per one
thousand (1,000) square feet gross sales and office floor area and of the
building plus one (1) space per each two thousand (2,000) square feet of
gross land area.
25. Auto Wash/Commercial Car Wash. One space per employee plus: Drive
through: Ten (10) stacking spaces. Self-service: One (1) stacking space
per wash bay. Motor Fuel Stations: None in addition to that required for
the principal use.
26. Open Sales Lot. Ten (10) spaces or one (1) per two thousand (2,000)
square feet gross land area devoted to sales lot, whichever is larger.
27. Garden Supply Store, Building Material Sales in Structure. Eight (8) off-
street parking spaces, plus one (1) additional space for eight hundred
(800) square feet of floor area over one thousand (1,000) square feet.
28. Private Racquetball, Handball and Tennis Courts. Not less than six (6)
spaces per each court.
Lino Lakes Zoning Ordinance General Provisions
3-62
29. Indoor Sports Arenas, Private Skating Rink, Dance Hall, or Public Auction
House. Twenty (20) off-street parking spaces, plus one (1) additional off-
street parking space for each two hundred (200) square feet of floor space
over two thousand (2,000) square feet.
30. Golf Driving Range, Miniature Golf, Archery Range. Ten (10) off-street
parking spaces plus one (1) for each one hundred (100) square feet of
floor space of building.
31. Golf Courses. Four (4) spaces per hole, plus fifty (50) percent of the
requirements for any other associated use.
32. Bowling Alley. Five (5) spaces for each alley plus additional spaces for
related uses.
33. Funeral Undertaking Establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each vehicle.
Aisle space shall also be provided off the street for making up a funeral
procession.
34. Electrical and Television Repair. Four (4) spaces per one thousand
(1,000) square feet of floor area.
35. Woodworking Shop. One (1) space for each employee plus one (1)
space for each one thousand (1,000) square feet of gross floor area.
36. Contractors' Offices, Shops and Yards. Two (2) spaces for each
employee.
37. Light Manufacturing. One (1) space for each employee or one (1) space
for each two thousand (2,000) square feet of gross floor area, whichever
is greater.
38. Warehousing, Storage of Handling of Bulk Goods. That space which is
solely used as office shall comply with the office use requirements and
one (1) space for each two thousand (2,000) square feet of floor area, and
one (1) space for each company owned truck (if not stored inside principal
building).
39. Other Uses. Other uses not specifically mentioned herein shall be
determined on an individual basis by the City Council. Factors to be
considered in such determination shall include (without limitation) size of
building, type of use, number of employees, expected volume and
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turnover of customer traffic and expected frequency and number of
delivery or service vehicles.
G. Parking Deferment. The City may allow a reduction in the number of required
parking stalls for commercial, industrial, and institutional uses by administrative
permit provided that:
1. The applicant must demonstrate that the proposed use will have a peak
parking demand less than the required parking under Section 3, Subd. 5.F
of this Ordinance. Factors to be considered when reviewing the proposed
parking demand shall include, but not be limited to:
a. Size of building.
b. Type and use.
c. Number of employees.
d. Projected volume and turnover of customer traffic.
e. Projected frequency and volume of delivery or service vehicles.
f. Number of company -owned vehicles.
g. Storage of vehicles on site.
2. In no case shall the amount of parking provided be less than one-half
(1/2) of the amount of parking required by ordinance.
3. The site has sufficient property under the same ownership to
accommodate the expansion of the parking facilities to meet the minimum
requirements of this Ordinance if the parking demand exceeds on site
supply.
4. On -site parking shall only occur in areas designed and constructed for
parking in accordance with this Ordinance.
5. The applicant and City enter into a development agreement, to be
recorded against the subject property, which includes a clause requiring
the owner to install the additional parking stalls, upon a finding of the
Community Development Director that such additional parking stalls are
necessary to accommodate the use.
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6. A change of use will necessitate compliance with the applicable Zoning
Ordinance standard for parking.
H. Joint Parking Facilities. Off-street parking facilities for a combination of mixed
buildings, structures, or uses may be provided collectively in any non-residential
zoning district in which separate parking facilities for each separate building,
structure or use would be required, provided that the total number of spaces
provided shall equal the sum of the separate requirements of each use during
any peak parking periods. Shared curb cuts and access drives shall be
encouraged for Tots accessing collector and arterial streets. Where shared
access and parking are utilized, easements shall be placed on the shared area
and recorded with the properties and a maintenance agreement required.
Control of Off -Site Parking Facilities. When required, accessory off-street
parking facilities are provided elsewhere than on the lot in which the principal use
served is located, they shall be in the same ownership or control either by deed
or long term lease, as the property occupied by such principal use, and the
owner of the principal use shall file a recordable document with the City requiring
the owner and his or her heirs and assigns to maintain the required number of
off-street spaces during the existence of said principal use.
J. Traffic Control.
1. 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.
c. Excessive traffic through residential areas, particularly truck traffic.
2. Internal traffic shall be regulated as to ensure its safe and orderly flow.
Traffic into and out of business and industrial sites and traffic from
residential lots with direct access to a collector street or arterial street shall
in all cases be forward moving with no backing into streets. Direct
residential lot access to collector and arterial streets shall be prohibited
wherever alternative local street access is available.
3. 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
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and to yard grades that result in elevations that impede vision within
fifteen (15) feet of any intersecting street right-of-way lines.
K. Motor Vehicle Parking in Residential and Rural Zoning Districts.
1. No commercial motor vehicle exceeding a gross weight rating of eleven
thousand seventy-five (11,075) pounds shall be parked or stored, indoors
or outdoors, in a residential zoning district or on a lot of less than two and
one-half (2 '/) acres in a rural zoning district, except when loading,
unloading, or rendering a service unless an administrative permit that
complies with the following requirements is obtained from the Community
Development Department.
a. The vehicle shall not be parked or stored for more than seventy-
two (72) hours within a seven (7) day period excluding legal
holidays.
b. The vehicle shall be parked or stored behind the front of the
dwelling.
c. No more than one permit shall be granted per residence.
d. Neither the truck engine nor any other motorized component shall
be left running while the vehicle is parked or stored.
e. There shall be a minimum of one hundred fifty (150) feet from the
vehicle to the nearest lot line.
f. The vehicle and trailer shall remain connected.
g.
All parking permits shall be reviewed and renewed on 1 July of
each year at a fee established by the City Council.
h. If at any time the conditions or requirements of permit approval are
violated, the permit may be revoked.
2. On lots 2 % acres to 10 acres in rural zoning districts, no more than two
(2) commercial motor vehicle exceeding a gross weight rating of eleven
thousand seventy-five (11,075) pounds shall be parked or stored, indoors
or outdoors. Vehicles parked or stored shall meet the following
requirements:
a. Neither the truck engine nor any other motorized component shall
be left running while the vehicle is parked or stored.
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b. There shall be a minimum of one hundred fifty (150) feet from the
vehicle to the nearest lot line.
c. The vehicle and trailer shall remain connected.
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Subd. 6. Off -Street Loading.
A. Purpose. The regulation of loading spaces in these zoning regulations is to
alleviate or prevent congestion of the public right-of-way and so to promote the
safety and general welfare of the public, by establishing minimum requirements
for off-street loading and unloading from motor vehicles in accordance with the
utilization of various parcels of land or structures.
B. Location. All required loading berths shall be off-street and shall be located on
the same lot as the building or use to be served. A loading berth shall not be
located less than fifty (50) feet from the intersection of two (2) street rights -of -
way nor less than fifty (50) feet from a residential district unless within a building.
Loading berths shall not occupy the required front yard space.
C. Size. Loading berths shall be of a size determined by the City as necessary to
accommodate anticipated truck and service vehicles.
D. Access. Each required loading berth shall be located with appropriate means of
vehicular access to a street or public alley in a manner which will least interfere
with traffic and allow on -site maneuvering.
E. Surfacing. All loading berths and access ways shall be surfaced with a
bituminous or concrete or other material approved by the City Engineer.
F. Accessory Use. Any space allocated as a loading berth or maneuvering areas
so as to comply with the terms of this Ordinance shall not be used for the storage
of goods, inoperable vehicles or to be included as a part of the space
requirements necessary to meet the off-street parking requirements.
G. Loading Berth Required. In connection with any structure which is to be
erected or substantially altered, any which requires the receipt or distribution of
materials or merchandise by trucks or similar vehicles, there shall be provided
off-street loading space.
H. Noise. Where noise from loading or unloading activity is determined to be an
audible nuisance in a residential district per Section 3, Subd. 4.J, the City
Council may limit the hours of operation.
I. Screening. Except in the case of multiple dwellings, all loading areas shall be
screened and landscaped from abutting and surrounding residential uses in
compliance with Section 3, Subd. 4.Q. of this Ordinance.
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Subd. 7. Relocated Structures. Before any house or other structure is moved
onto a vacant lot, an administrative permit must be obtained in accordance with
Section 2, Subd. 5 of this Ordinance. The Community Development Department shall
conduct a site plan review and determine whether the structure will be compatible with
other development in the area, and conform to all City codes and ordinances. The
Community Development Department may withhold issuance of an administrative
permit if it determines that the structure does not meet the performance standards of
this Ordinance.
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Subd. 8. Home Occupations.
A. Purpose. The purpose of this section is to prevent competition with business
districts and to provide a means through the establishment of specific standards
and procedures by which home occupations can be conducted in residential
neighborhoods without jeopardizing the health, safety and general welfare of the
surrounding neighborhood.
B. Application. Subject to the non -conforming use provision of this section, all
occupations conducted in the home shall comply with the provisions of this
section.
C. Violations. After two (2) founded nuisances, or code violation complaints have
been made and verified with written notices to the home occupation, a public
hearing may be called to reconsider the home occupation within sixty (60) days
of the last complaint.
D. Requirement - General Provisions. All home occupations shall comply with
the following general provisions and according to definition, the applicable
requirement provisions.
1. General Provisions.
a. No home occupation shall produce light, glare, noise, odor,
electrical interference, or vibration that will in any way have an
objectionable effect upon adjacent or nearby property.
b. Any home occupation shall be clearly incidental and secondary to
the residential use of the premises, should not change the
residential character thereof, shall comply with all provisions of the
City Nuisance Ordinance and shall result in no incompatibility or
disturbance to the surrounding residential uses.
c. No home occupation shall require internal or external alterations or
involve construction features not customarily found in residential
dwellings except where required to comply with local and state fire
and police recommendations.
d. The home occupation shall be carried out by a member of the
family regularly residing in the dwelling unit with not more than one
(1) employee who is not part of the family.
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e. There shall be no exterior storage of equipment or materials used
in the home occupation, except personal vehicles not exceeding a
gross weight rating of eleven thousand seventy-five (11,075)
pounds used in the home occupation may be parked on the site,
unless an administrative parking permit per Section 3, Subd. 5.K of
this Ordinance is granted.
f The home occupation shall meet all applicable fire and building
codes.
g.
Exterior display of signs except as such are permitted by the sign
regulations for the district shall not be permitted.
h. When applicable, all state licensing requirements are satisfactorily
met.
2. Requirements - Residential Districts.
a. Permitted home occupations shall not be conducted in any
accessory structures on the premises, including attached garages,
and shall be confined to the private dwelling unit.
b. Permitted occupations shall not include any of the following:
1) The operation of any wholesale or retail business unless it is
conducted entirely by mail or delivery and does not include
the sale, shipment, or delivery of merchandise to the
premises.
2) 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.
3) Any activity or function which by its nature and/or effect
causes a disturbance to the neighborhood, such as noise,
parking, traffic, etc.
4) 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.
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5) In no case shall the permitted home occupation cause to
create the need for an additional driveway access to the
property.
6) All off-street parking generated by the home occupation
shall be confined to the driveway.
3. Requirements - Rural Districts.
a. Accessory Buildings.
1) Home occupations carried on in the R, R-X, and R-BR
Districts and on lots which are one (1) acre in size or larger
may be allowed to operate within the principal structure or
permitted accessory structure.
2) All accessory buildings utilized for home occupation
purposes shall comply with applicable provisions of Section
3, Subd. 4.D. of this Ordinance.
b. Permitted agricultural/farm related uses in the R and R-1X Districts
(and when found to be in conformance with all other provisions of
this Ordinance) need not meet the provisions of this subdivision.
c. The applicant shall demonstrate, in a manner found acceptable to
the City Engineer, that such use is within the capabilities of the
property's sewage treatment system.
4. Inspection. The City of Lino Lakes hereby reserves the right, upon
approval of any home occupation, to inspect the premises in which the
occupation is being conducted to insure compliance with the provisions of
this section or any conditions additionally imposed.
5. Penalty. Violation of the home occupation zoning performance standards
shall be subject to the enforcement and penalty provisions of Section 2,
Subd. 9 of this Ordinance.
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Subd. 9. Home Extended Businesses.
A. Prohibition. Following the enactment of this Ordinance, except in the R-BR
Zoning District, no new home extended businesses shall be created or
established and no existing home extended business shall be expanded or
enlarged.
B. Permitted Home Extended Businesses.
1. Interim Use Permit. Home extended business may be allowed within the
R-BR, Rural Business Reserve Zoning District upon approval of an interim
use permit, as regulated by Section 2, Subd. 3. of this Ordinance.
2. Qualifying Property.
a. Site must meet R-BR District lot size and setback performance
standards.
b. There is only one (1) residential dwelling located on the homestead
and no other neighboring residence is located within five hundred
(500) feet of the buildings in which the home extended business is
conducted.
3. Minimum Conditions.
a. Business must be located on the homestead of the business
operator.
b. Up to two (2) employees other than the immediate family occupying
the residence on the homestead may be employed as a part of the
home extended business.
c. There is no outside storage or sales of supplies, equipment, or
maintenance items associated with the home extended business.
d. All activities associated with the home extended business are
operated within buildings which have been approved for such use
as part of the interim use permit.
e. The home extended business shall be conducted only in buildings
existing or constructed as part of traditional farming activities prior
to November 1, 1993.
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f. Any buildings uses as part of the home extended business shall be
brought into full compliance with all State Building Code provisions
which are applicable for the proposed use.
g.
All effluent consisting of any liquid, gaseous, or solid waste
substance resulting from any process of manufacturing (i.e.,
sewage or industrial waste) shall not be discharged into the soil,
water, or air unless it is at a location determined appropriate by the
City.
h. A contract shall be required between a refuse hauler and the owner
for disposal of all waste including, but not limited to, garbage,
decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar,
chemicals, offal, and all other substances not sewage or industrial
waste which may pollute or tend to pollute the waters of the State.
The contract shall be provided to the City prior to issuance of the
interim use permit and shall state the destination of the waste and
shall be renewed annually on or before January 1st of each year.
The City shall be provided with documentation of the contract
recorded.
i. Working hours shall be set by the City.
J.
The use is in full compliance with all applicable performance
standards as specified by this Ordinance.
k. There shall be no public display of retail sales items related to the
home extended business occurring on the site.
There shall be no exterior display or exterior signs or interior
display or interior signs which are visible from outside the dwelling
with the exception of directional and identification/business signs to
the extent authorized by the provisions of the City's Sign
Ordinance.
m. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
4. Additional Limitations and/or Restrictions.
a. So as to maintain compatibility and protect the health, safety and
general welfare of the public, the City Council may impose
additional limitations or requirements as it deems necessary.
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b. The City Council may impose the posting of a security in order to
insure compliance with any condition imposed.
5. Reconsideration of Permit. After two (2) founded nuisances, or code or
permit violation complaints have been made and verified with written
notices to the holder of the interim use permit, a public hearing may be
called to reconsider the interim use permit within sixty (60) days of the
date of the last complaint.
6. Seasonal Sales. The limited seasonal sale of products grown solely on
the site by the residents of the homestead shall be exempt from the
provisions of this subdivision.
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Subd. 10. Accessory Apartments.
A. Purpose. The purpose of this section is to provide standards for the
establishment and use of home accessory apartments in owner occupied single
family homes.
B. Application. Subject to the non -conforming use provisions of this Ordinance,
all home accessory apartments as defined in Section 1.B, Definitions established
after the effective date of this Ordinance shall comply with the provisions of this
section.
C. Procedures and Permits. All home accessory apartments shall require an
accessory apartment permit. Applicants for such a permit shall be made on
forms provided by the City which shall include the following:
1. Legal description of the property location and proof of ownership.
2. Plans, drawn to scale, indicating existing and proposed floor plans and
access to both the principal unit and the accessory unit.
3. Site plan depicting parking availability.
D. Requirements. All home accessory apartments shall comply with the following
requirements:
1. The accessory apartment shall be clearly a subordinate part of the single
family dwelling. In no case shall the accessory apartment be more than
forty (40) percent of the building's total floor area, not to exceed nine
hundred sixty (960) square feet nor have more than two (2) bedrooms.
Common area shared by the principal dwelling and accessory apartment
shall be considered part of the principal dwelling and shall not be included
in the calculation of accessory apartment floor area.
2. The principal unit shall have at least nine hundred sixty (960) square feet
of living space remaining after creation of the accessory apartment
exclusive of garage area. Accessory apartments shall have at least five
hundred (500) square feet of living space. Living space for the accessory
apartment shall include a kitchen or cooking facilities, a bathroom and a
living room.
3. A separate exterior entrance may be permitted. Any exterior alterations or
expansion shall be constructed of similar size, color, and type of materials
as the principal single family unit provided that no unenclosed ramps or
stairways are utilized to access either the primary or accessory unit. Only
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one (1) exterior stairway may be located on the side or
dwelling.
4. The principal unit and accessory apartment shall share
doorway connection between the units.
5. Both the principal unit and accessory apartment shall share a
hookup.
6. All parking standards of Section 3, Subd. 5 shall be met.
rear of the
an internal
single utility
7. The accessory apartment and principal unit shall meet the applicable
standards and requirements of the Lino Lakes Zoning Code, Building
Code, Anoka County Health Codes and Fire Codes.
8. The house shall be owner -occupied at the time of application and the
building and property shall remain in single ownership and title and shall
only have one mailing address.
9. A maximum of one (1) accessory apartment permit shall be issued per
detached single family home.
10. No separate driveway or curb cut shall be permitted for the accessory
apartment unit.
Revocation. The City Council may revoke an accessory apartment permit if
the permittee fails to comply with the conditions attached to the issuance of the
permit or otherwise fails to comply with the provisions of this section. Prior to
revocation, the City Council shall conduct a hearing preceded by ten (10) days
mail notice to the permittee.
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Subd.11. Drainage.
A. No land shall be developed or altered and no use shall be permitted that results
in surface water runoff causing unreasonable flooding, erosion or deposit of
minerals on said land, adjacent properties or water bodies. Such runoff shall be
properly channeled into a storm drain, a natural water course or drainageway, a
ponding area or other public facility.
B. For all construction, erosion control measures must be in place prior to the
beginning of site work, e.g., grading, stripping, or construction.
1. The City may withhold inspections or suspend work on a site that does not
have an approved grading plan or in -place erosion control measures.
2. The City may require financial security to insure placement of erosion
control measures.
C. The owner or contractor of any natural drainage improvement or alteration may
be required by the City Engineer to obtain recommendations from the Minnesota
Department of Natural Resources, the Soil Conservation District, U.S. Army
Corps of Engineers, affected watershed district(s), and/or City Engineer.
D. On any slope in excess of eight (8) percent where, in the opinion of the City
Engineer, the natural drainage pattern may be disturbed or altered, the City
Engineer may require the applicant to submit both a grading plan and soil
conservation plan prior to applying for a building permit.
E. All agricultural, residential, commercial, and industrial developments shall be in
accordance with applicable recommendations of the City's local water
management plan as may be amended.
F. As part of a building permit application in which new structures or building
footprint expansion of existing structures are proposed, a site survey showing
proposed grading, drainage and building pad elevation(s) must be submitted to
the City along with a certification by a registered land surveyor or engineer that
they are consistent with the grading and drainage plan approved with the final
plat or site plan.
G. Prior to issuance of an occupancy permit, the person or entity who developed,
graded and constructed improvements upon the property for which the
occupancy permit is requested, must submit certification by a registered land
surveyor or engineer that the final grading, drainage and building pad elevations
are consistent with the approved grading and drainage plan approved with the
subdivision or site plan, or if no such City approved drainage and grading plan
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for the entire subdivision exists, that such person or entity represents that the
grading, drainage and building pad elevations are consistent with the
requirements of Section 3, Subd. 11.A through 11.E.
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Subd. 12. Earth Moving and Land Reclamation.
A. Exclusions. This article shall not apply to:
1. The excavation, removal, storage, or placement of rock, sand, dirt, gravel,
clay, or other like material for any construction for which a building permit
has been issued, site plan approval or a development contract signed.
2. Such excavation, removal, storage, or placement of rock, sand, dirt,
gravel, clay, or other like material as may be required by the state, county,
or city authorities within their acquired rights -of -way and easements in
connection with the construction or maintenance of roads and highways
and utilities. "Rights -of -way" as used herein shall not include isolated
parcels used exclusively for borrow pits.
B. Permit Required. Earth removal, land reclamation, material storage, or filling,
shall be permitted in all zoning districts, on any lot or parcel except that it shall be
unlawful for any person to remove, store, excavate, or place as fill any rock,
sand, dirt, gravel, clay, or other like material within the City, in excess of one
hundred (100) cubic yards per acre without first having applied for and having
obtained a permit from the City. When five thousand (5,000) or more cubic yards
of material is to be removed or deposited on any lot or parcel, a conditional use
permit shall be required. The inclusion of an earth removal and land reclamation
permit process in this Ordinance does not automatically imply an applicant's
entitlement to issuance of a permit. The City may refuse to issue a permit if in
the opinion of the City, the application is not in the best interests of the City.
C. Application.
1. The application for the permit shall be made in writing to the City Engineer
in such form as the City Engineer may designate, and shall include such
information as may be required by the City Engineer and shall contain
among other things a map or plat of the proposed excavation, or fill area
showing the confines or limits thereof together with the existing elevations
and proposed finished elevations based on sea level readings. The plan
shall also include all wetlands, drainageways, tree inventory and
preservation plan, erosion control measures, final restoration
improvements, and other features as required by the City.
2. Each application shall be filed with the City Engineer.
3. Each application for permit shall be accompanied by a fee, the amount of
which shall be determined by City Council resolution.
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D. Conditions. The City Engineer or City Council, as a prerequisite to the granting
of a permit, may require the applicant or the owner of the premises to incorporate
and attach any conditions or restrictions that it deems necessary for the
preservation of health, welfare, and safety of the citizens:
1. Properly fence any pit or excavation, and barricade entrances to prevent
the general public from depositing garbage or refuse.
2. Slope the banks, and otherwise guard and keep any pit or excavation in
such condition as not to be dangerous because of sliding or caving banks.
3. Properly drain, fill, or level off any pit or excavation so as to make the
same safe and healthful as the permitting authority may determine.
4. Limit the depth of such excavation to an elevation no lower than the
minimum floor elevation for building construction as established by the
City Engineer, so as not to diminish development potential of the parcel.
5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or
other like and similar non -decomposable material. Concrete, asphalt,
metal, wood, and other debris shall be prohibited.
6. Require that all decomposable material, or other unsuitable foundation
material, be removed from an area before deposition of fill begins.
7 Prepare a site plan showing existing and proposed grade elevations and
effect of storm water drainage on adjacent areas.
8. Specify a time when the excavation or land reclamation project shall be
completed.
9. Place a minimum of four (4) inches of top soil over the completed project
and establish appropriate ground cover within sixty (60) days of
completion, or in a time period consistent with the City's stormwater
management and pollution prevention plan.
10. Reimburse the City for the cost of periodic inspections by the City for the
purpose of determining that the terms under which the permit has been
issued are being complied with.
11. Implement the tree preservation plan.
12. In addition to a conditional use permit, the City Engineer may determine
that permits in excess of twenty-five thousand (25,000) cubic yards
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require the applicant to conduct a neighborhood meeting and to notify
affected property owners within one -quarter (1/4) mile.
13. Post a form of security and sum as the permitted authority may require,
running to the City, conditioned to pay the City the cost and expense of
repairing or cleaning any highways, streets, or other public ways within
the City made necessary by the special burden resulting from transporting
thereon by the applicant material to or from the site, the amount of such
cost to be determined by the Council; and conditioned further to comply
with all the requirements of this Ordinance and the particular permit, and
to save the City free and harmless from all suits or claims for damages
resulting from the negligent excavation, removal, storage, or filling of rock,
sand, dirt, gravel, clay, or other like material within the City.
14. Other conditions deemed appropriate to the application by the permitting
authority.
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Subd. 13. 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:
A. 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.
B. The farming operations are so intensive as to constitute an industrial type use
consisting of the compounding, processing, and packaging of products for
wholesale or retail trade and further that such operations may tend to become
permanent industrial type operation that cannot be terminated as can a normal
farming operation.
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Subd. 14. Adult Uses.
A. General. Adult uses as defined in the City Code shall be subject to the following
provisions:
1. Activities classified as obscene as defined by Minnesota Statute 617.241
are not permitted and are prohibited.
2. Adult uses, either principal or accessory, shall be prohibited from locating
in any building which is also utilized for residential purposes.
3. Adult uses, either principal or accessory, shall be prohibited from locating
in any building which is also used to dispense or consume alcoholic
beverages.
4. An adult use which does not qualify as an accessory use shall be
classified as an adult use -principal.
B. Adult Uses - Principal.
1. Adult use -principal shall be located at least three hundred (300) radial
feet, as measured in a straight line from the closest point of the property
line of the building upon which the adult use -principal is located to the
property line of:
a. Residentially zoned property
b. A licensed day care center
c. A public or private educational facility classified as a pre-school,
elementary, junior high or senior high
d. A public library
e. A public park
f. Another adult use -principal
g. An on -sale liquor establishment
2. Adult use -principal activities, as defined by this Ordinance, shall be
classified as one use. No two adult uses -principal shall be located in the
same building or upon the same property and each use shall be subject to
Section 3, Subd. 13.B.1.
3. Adult use -principal shall, in addition to other sign requirements
established by City Code, adhere to the following signing regulations:
a. Sign messages shall be generic in nature and shall only identify the
type of business which is being conduced.
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b. Shall not contain material classified as advertising.
c. Shall comply with the requirements of size and number for the
district in which they are located.
C. Adult Uses - Accessory.
1. Adult use -accessory shall:
a. Comprise no more than ten (10) percent of the floor area of the
establishment in which it is located.
b. Comprise no more than twenty (20) percent of the gross receipts of
the entire business operation.
c. Not involve or include any activity except the sale or rental of
merchandise.
2. Adult use -accessory shall be restricted from and prohibit access to minors
by the physical separation of such items from areas of general public
access:
a. Movie Rentals. Display areas shall be restricted from general view
and shall be located within a separate room, the access of which is
in clear view and under the control of the persons responsible for
the operation or shall be in catalogs under the direct control and
distribution of the operator.
b. Magazines. Publications classified or qualifying as adult uses shall
not be physically accessible to minors and shall be covered with a
wrapper or other means to prevent display of any material other
than the publication title.
c. Other Use. Adult uses -accessory not specifically cited shall comply
with the intent of this section subject to the approval of the Zoning
Administrator.
3. Adult use -accessory shall be prohibited from both internal and external
advertising and signing of adult materials and products.
4. Adult use -accessory activities shall be prohibited at any public show,
movie, caravan, circus, carnival, theatrical or other performance or
exhibition presented to the general public where minors are admitted.
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Subd. 15. Antennas.
A. Purpose and Intent. The purpose of this section is to establish predictable
and balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
communication systems within the City of Lino Lakes while protecting the public
against any adverse impacts on the City's aesthetic resources and the public
welfare. The provisions of the section are intended to maximize the use of
existing towers, structures, and buildings to accommodate new wireless
telecommunication antennas in order to minimize the number of towers needed
to serve the community.
B. General Standards. The following standards shall apply to all personal
wireless service telephone, public utility, microwave, radio and television
broadcast transmitting, radio and television receiving, satellite dish and short-
wave radio transmitting and receiving antenna.
1. All obsolete and unused antennas and towers shall be removed within
twelve (12) months of cessation of operation at the site by the antenna or
tower owner, unless an exemption is granted by the Zoning Administrator.
A copy of the relevant portions of a signed lease which requires the
applicant to remove the tower and associate facilities when they are
abandoned, unused or become hazardous shall be submitted to the City.
2. All antennas and towers shall be in compliance with all State Building and
Electrical Code requirements and as applicable shall require related
permits. Applications to erect new antennas and/or towers shall be
accompanied by any required federal, state, or local agency licenses.
3. Structural design, mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and as may be necessary,
as determined by the City Engineer, shall be verified and approved by a
professional engineer.
4. When applicable, written authorization for antenna and/or tower erection
shall be provided by the property owner.
5. No advertising message shall be affixed to the antenna and/or tower
structure.
6. Antennas and/or towers shall not be artificially illuminated unless required
by law or by a governmental agency to protect the public's health and
safety.
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7. If a new tower of seventy-five (75) feet or greater in height is to be
constructed, it shall be designed structurally, electrically, and in all
respects, to accommodate both the applicant's antennas and antennas for
at least one (1) additional use, including but not limited to other personal
wireless service communication companies, local police, fire and
ambulance companies. Towers shall be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas
mounted at varying heights.
8. Towers shall be painted a non -contrasting color consistent with the
surrounding area such as blue, gray, brown, or silver or have a galvanized
finish to reduce visual impact, unless otherwise required by a
governmental agency.
9. All antennas and towers shall be reasonably posted and secured to
protect against trespass, including appropriate measures to prevent
unauthorized persons from climbing any tower.
10. Towers shall comply with all applicable Federal Aviation Administration
(FAA) regulations.
11. Amateur radio towers shall be installed in accordance with the instructions
furnished by the manufacturer of that tower model. Because of the
experimental nature of the amateur radio service, antennas mounted on
such a tower may be modified or changed at any time so long as the
published allowable Toad on the tower is not exceeded and the structure
of the tower remains in accordance with the manufacturer's specifications.
12. Except as may be applicable in case where a conditional use permit is
required, antennas and support structures for federally licensed amateur
radio stations and used in the amateur radio service shall be exempt from
the following: Section 3, Subd. 14.B.3; Section 3, Subd. 14.B.8; Section
3, Subd. 14.D; and Section 3, Subd. 14.E.
C. Certification, Inspection and Maintenance.
1. All towers, antenna support structures, and related equipment or
structures shall be kept and maintained in good condition, order, and
repair so as not to menace or endanger the life or property of any person.
All towers shall be certified by an engineer to be structurally sound and in
conformance with the requirements of the State Building Code and federal
and state law.
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3. The City shall have authority to enter onto the property upon which a
tower is located to inspect the tower for the purpose of determining
whether it complies with the State Building Code and all other construction
standards provided by the City's Code, federal and state law. The City
reserves the right to conduct such inspections at any time, upon
reasonable notice to the owner. All expenses related to such inspecting
by the City shall be borne by the owner.
D. Tower Design. Where allowed, wireless communication towers shall be of a
monopole design unless the City Council determines that an alternative design
requested by the applicant would better blend into the surrounding environment.
E. Co -Location Requirement. An application for a new tower shall not be
approved unless the applicant demonstrates that the antennas cannot be
accompanied on an existing or approved tower, building, or structure within a two
(2) mile search radius of the proposed tower due to one or more of the following
reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tower, building, or structure as documented by a
qualified and licensed professional engineer, and the existing or approved
tower cannot be reinforced, modified, or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified engineer and interference cannot be prevented
at a reasonable cost.
3. Other unforeseen reasons that make it unfeasible to locate the antennas
upon an existing or approved tower or structure.
4. Existing or approved towers, buildings, or other structures do not exist in
the search area, or do not meet the needs of the user. Documentation
shall be provided at the time of application clearly demonstrating why
existing structures do not meet the needs to the users.
5. The applicant shall demonstrate that a good faith effort to co -locate on
existing towers or structures was made, but an agreement could not be
reached.
F Accessory Antennas. The following standards shall apply to all accessory
antennas including radio and television receiving antennas, satellite dishes,
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TVROs three (3) meters or less in diameter, short -wave radio dispatching
antennas, or those necessary for the operation of electronic equipment including
radio receivers, ham radio transmitters and television receivers.
1. Accessory antennas shall not be erected in any required yard (except a
rear yard) or within public or private utility and drainage easements, and
shall be set back a minimum of five (5) feet from all lot lines.
2. Guy wires or guy wire anchors shall not be erected within public or private
utility and drainage easements, and shall be set back a minimum of one
(1) foot from all lot lines.
3. Accessory antennas and necessary support structures, monopoles or
towers may extend a maximum of fifteen (15) feet above the normal
height restriction for the affected zoning district, except support structures
and antennas used in the amateur radio service may extend a maximum
of two (2) times the normal height restriction for the affected zoning
district.
4. The installation of more than one (1) accessory structure and support
structure per property shall require the approval of a conditional use
permit.
G. Personal Wireless Service Antennas.
1. Rural, Residential and Business District Standards.
a. Antennas Located Upon an Existing Tower or Structure. Personal
wireless service antennas as a permitted secondary use may be
located upon existing towers or structures shall require the
processing of an administrative permit and shall comply with the
following standards:
1) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a
new equipment building or cabinet is necessary for
transmitting, receiving and switching equipment, it shall be
situated in the side or rear yard of the principal use, meet all
applicable accessory building setback requirements, and
shall be screened from view by landscaping where
appropriate.
2) An administrative permit is issued by the Zoning
Administrator, subject to the following conditions:
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a) Antennas mounted on buildings or structures shall not
extend more than fifteen (15) feet above the structural
height of the building or structure to which they are
attached.
b) Wall or facade mounted antennas may not extend
more than five (5) feet above the cornice line and
shall be constructed of a material or color which
matches the exterior of the building.
In no case shall a personal wireless service antenna be
located upon or affixed to a detached single family
residential dwelling.
b. New Towers. The erection of new personal wireless service
antenna towers within Rural, Residential and Business Zoning
Districts of the City is prohibited.
2. Industrial District Standards.
a. Antennas Located Upon an Existing Structure or Existing Tower.
Personal wireless service telephone antennas as a permitted
secondary use may be located upon an existing structure or co -
located on an existing tower shall require the processing of an
administrative permit and shall comply with the following standards:
1) An administrative permit is issued by the Zoning
Administrator.
2) Antennas mounted on buildings or structures shall not
extend more than fifteen (15) feet above the structural height
of the building or structure to which they are attached.
3) Wall or facade mounted antennas may not extend more than
five (5) feet above the cornice line and must be constructed
of a material or color which matches the exterior of the
building.
b. New Towers. New towers as a permitted secondary use shall
require approval of an administrative permit and shall comply with
the following standards:
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1
)
The applicant shall demonstrate to the satisfaction of the
City that location of the antennas as proposed is necessary
to provide adequate portable personal wireless service
telephone coverage and capacity to areas which cannot be
adequately served by locating the antennas on an existing
tower or support structure.
2) If no existing structure which meets the height requirements
for the antennas is available for mounting purposes, the
antennas may be mounted on a monopole tower provided
that:
a) Towers with a maximum capacity to support two (2)
antennas shall not exceed one hundred forty (140)
feet in height. Towers with a minimum capacity to
support three (3) antennas shall not exceed one
hundred sixty (160) feet in height.
b) The setback of the tower from the nearest property
line is not less than the height of the antenna.
Exceptions to such setback may be granted in such
cases when a qualified structural engineer specifies in
writing that any failure of the pole will occur within a
lesser distance under all foreseeable circumstances.
The setback shall not be reduced in cases where the
subject site abuts a residential zoning district. The
setback requirements shall not be reduced below the
minimum accessory building setback requirements of
the base zoning district or the failure area of the
tower, whichever is greater.
3) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a
new equipment building or cabinet is necessary for
transmitting, receiving and switching equipment, it shall be
situated in the side or rear yard of the principal use, meet all
applicable necessary building setback requirements, and
shall be screened from view by landscaping where
appropriate.
4) At the discretion of the City, a security fence not greater than
eight (8) feet in height with a maximum opacity of fifty (50)
percent shall be provided around the support structure, as
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well as no climb security measures shall be provided on the
tower or support structure.
c. Temporary Mobile Towers. Personal wireless service antennas
located upon a temporary mobile tower as a permitted secondary
use may be used on an interim basis until a permanent site is
constructed shall require the approval of an administrative permit
and shall comply with the following standards:
1) Temporary mobile towers are exempt from co -location and
permanent tower structure design standards provided for in
the following sections: Section 3, Subd. 14.B.8; Section 3,
Subd. 14.B.9; Section 3, Subd. 14.D; and Section 3, Subd.
14.E.
2) The termination date of the permit shall not exceed one
hundred twenty (120) days. Temporary mobile towers
located on a site longer than one hundred twenty (120) days
shall require the processing of an interim use permit subject
to the standards contained in Section 2, Subd. 3 of this
Ordinance.
3) Guyed towers are prohibited.
4) Mobile units shall have a minimum tower design wind load of
eighty (80) miles per hour, or be set back from all structures
a distance equal to the height of the tower.
5) All towers shall be protected against unauthorized climbing.
6) The height of the tower shall not exceed one hundred (100)
feet.
3. Public/Semi-Public District Standards.
a. Antennas Located Upon an Existing Tower or Structure. Personal
wireless service antennas as a permitted accessory use may be
located upon public structures or existing towers shall require the
processing of an administrative permit and shall comply with the
following standards:
1) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a
new equipment building or cabinet is necessary for
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transmitting, receiving and switching equipment, it shall be
situated in the side or rear yard of the principal use, meet all
applicable accessory building setback requirements, and
shall be screened from view by landscaping where
appropriate.
2) An administrative permit is issued by the Zoning
Administrator, subject to the following conditions:
a) Antennas mounted on buildings or structures shall not
extend more than fifteen (15) feet above the structural
height of the building or structure to which they are
attached.
b) Wall or facade mounted antennas may not extend
more than five (5) feet above the cornice line and
shall be constructed of a material or color which
matches the exterior of the building.
b. New Towers. New towers as a permitted secondary use shall
require approval of an administrative permit and shall comply with
the following standards:
1) The applicant shall demonstrate to the satisfaction of the
City that location of the antennas as proposed is necessary
to provide adequate portable personal wireless service
telephone coverage and capacity to areas which cannot be
adequately served by locating the antennas on an existing
tower or support structure.
2) If no existing structure which meets the height requirements
for the antennas is available for mounting purposes, the
antennas may be mounted on a monopole tower provided
that:
a) Towers with a maximum capacity to support two (2)
antennas shall not exceed one hundred forty (140)
feet in height. Towers with a minimum capacity to
support three (3) antennas shall not exceed one
hundred sixty (160) feet in height.
b) The setback of the tower from the nearest property
line is not less than the height of the antenna.
Exceptions to such setback may be granted in such
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cases when a qualified structural engineer specifies in
writing that any failure of the pole will occur within a
lesser distance under all foreseeable circumstances.
The setback shall not be reduced in cases where the
subject site abuts a residential zoning district. The
setback requirements shall not be reduced below the
minimum accessory building setback requirements of
the base zoning district or the failure area of the
tower, whichever is greater.
3) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a
new equipment building or cabinet is necessary for
transmitting, receiving and switching equipment, it shall be
situated in the side or rear yard of the principal use, meet all
applicable necessary building setback requirements, and
shall be screened from view by landscaping where
appropriate.
4) At the discretion of the City, a security fence not greater than
eight (8) feet in height with a maximum opacity of fifty (50)
percent shall be provided around the support structure, as
well as no climb security measures shall be provided on the
tower or support structure.
H. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas. Commercial and public radio and
television transmitting and public utility microwave antennas shall comply with
the following standards:
1. Such antenna shall be considered an allowed conditional use within all
rural and industrial districts of the City and shall be subject to the
regulations and requirements of Section 2, Subd. 2 of this Ordinance.
2. The antennas, transmitting towers, or array of towers shall be located on a
continuous parcel having a dimension equal to the height of the antenna,
transmitting tower, or array of towers measured between the base of the
antenna or tower located nearest a property line and said property line,
unless a qualified structural engineer specifies in writing that the collapse
of any antenna or tower will occur within a lesser distance under all
foreseeable circumstances.
3. Unless the antenna is mounted on an existing structure, at the discretion
of the City, a fence not greater than eight (8) feet in height with a
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maximum opacity of fifty (50) percent shall be provided around the
support structure and other equipment, as well as no climb security
measures shall be provided on the tower or structure.
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SECTION 4. DISTRICT PROVISIONS
Subd. 1. General Zoning District Provisions.
A. District Establishment. The zoning districts are so designed as to assist in
carrying out the intents and purposes of the Comprehensive Plan and to control
residential densities in such a manner as to adequately provide public services
and utilities. The zoning districts are based upon the Comprehensive Plan,
which has the purpose of protecting the public health, safety, convenience, and
general welfare by controlling the needs for public utilities, protecting against
traffic congestion and accident hazards, protecting the public health from adverse
influences generated by non-residential uses, protecting against the danger of
fire conflagration, and other purposes of a similar nature. For purposes of this
Ordinance, the City of Lino Lakes is hereby divided into the following zoning
districts:
1. Rural Districts.
a. R, Rural.
b. R-X, Rural Executive.
2. Residential Districts.
a. R-1, Single Family Residential.
b. R-1X, Single Family Executive Residential.
c. R-EC, Single Family Estate Conservation District.
d. R-2, Two Family Residential.
e. R-3, Medium Density Residential.
f. R-4, High Density Residential.
g. R-6, Manufactured Home Park.
h. R-7, Manufactured Home Subdivision.
3. Business Districts.
a. NB, Neighborhood Business.
b. LB, Limited Business.
c. GB, General Business.
4. Industrial Districts.
a. LI, Light Industrial.
b. GI, General Industrial.
5. Special Districts.
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a. PSP, Public and Semi -Public.
b. R-BR, Rural Business Reserve.
c. PUD, Planned Unit Development.
d. AZO, Airport Zoning Overlay.
e. Shoreland Overlay.
f. Floodplain Overlay.
B. Zoning District Boundaries. Zoning district boundary lines established by this
Ordinance generally follow lot lines, the centerlines of railroad right-of-way lines,
street rights -of -way, water courses or the corporate limit lines, all as they exist
upon the effective date of this Ordinance.
1. Appeals concerning the exact location of a zoning district boundary line
shall be heard by the Council, serving as the Board of Adjustment and
Appeals, pursuant to Section 2, Subd. 4. of this Ordinance.
2. Whenever any street, alley or other public way is vacated by official action
of the City, the zoning district adjoining each side of such street, alley or
public way shall be automatically extended to the center of such vacation,
and all area included in the vacation shall then and henceforth be subject
to all appropriate regulations of the extended districts.
3. All streets, alleys, public ways and railroad rights -of -way, if not otherwise
specifically designated, shall be deemed to be in the same zone as the
property in the most restrictive classification immediately abutting upon
such alleys, streets, public ways or railroad rights -of -way. Where the
centerline of a street, alley, public way or railroad right-of-way serves as a
district boundary, the zoning of such areas, unless otherwise specifically
designated, shall be deemed to be the same as that of the abutting
property up to such centerline.
4. All areas within the corporate limits of the City which are under water and
which are not shown as included within any zone shall be subject to all
regulations of the zone which immediately adjoins such water area. If
such water area adjoins two or more zones, the boundaries of each zone
shall be construed to be extended into the water area in a straight line until
they meet the other district at the half -way point and/or to the corporation
limits.
C. Zoning Map. The location and boundaries of the districts established by this
text are hereby set forth on the Zoning Map, entitled "Zoning Map of Lino Lakes".
Said map shall be on file with the Zoning Administrator, and hereinafter referred
to as the "Zoning Map". Said map and all the notations, references and other
information shown thereon shall have the same force and effect as if fully set
forth herein and thereby made a part of this Ordinance by reference.
Lino Lakes Zoning Ordinance District Provisions
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D. Annexations. In the event of annexation proceedings becoming final before
the permanent zoning is determined, the annexed area shall be placed in the
most restrictive district and such classification shall be considered an interim step
pending permanent classification.
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SECTION 5. RURAL DISTRICTS
Subd. 1. R, Rural District.
A. Purpose. This district is designed and intended to aid in guiding development
toward fulfillment of the Comprehensive Plan and to serve the following functions:
1. To preserve productive land for agricultural use and maintain "open space"
within and near to urban areas.
2. To help guide development of urban and rural areas along an orderly design
to preserve continuity and efficiency of service.
3. 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.
4. To reduce the possibilities of rural -urban conflicts in establishing types and
levels of service, methods of financing the services and needs. To maintain
an acceptable per capita cost for such services as sanitary sewer, water,
police, fire, road maintenance, school transportation, and other necessary
services.
B. Lot and Yard Requirements.
Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable, except
as provided for in Section 3, Subd. 3.B.2..
2. Minimum Lot Width. Three hundred thirty (330) feet, except as provided for
in Section 3, Subd. 3.B.2., which shall require a minimum lot width of two
hundred (200) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
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b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Thirty (30) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
4. Rural Lot Resubdivision. Principal and accessory buildings shall be located
on a rural lot so as to allow for future resubdivision per Section 3, Subd.
A.2.b.5 of this Ordinance.
C. Building Requirements.
1. The minimum floor area for single family dwellings measured using the
outside building dimensions shall be as follows:
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level-3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage.
D. Height Regulations. No building shall be erected or structurally altered to exceed
thirty-five (35) feet in height. These regulations shall not apply to barns, silos, or
other farm buildings.
E. Permitted Uses. In the R District, no building or land shall be used and no building
shall be erected, converted, or structurally altered, unless otherwise provided
herein, except for one or more of the following uses:
1. Agriculture, gardening and sod farming.
2. Commercial greenhouses and nurseries.
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3. Day care facilities (fourteen (14) or fewer persons).
4. Golf courses and driving ranges.
5. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
6. Limited livestock raising of up to three hundred (300) animal units in
accordance with Section 503 of the City Code. No more than one (1) animal
unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non-commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
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ham radio transmitters and television receivers as regulated by Section 3,
Subd15 of this Ordinance.
7 Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended,
of the City Code.
9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R District. These uses
require a conditional use permit based on the standards and procedure outlined in
Section 2, Subd. 2 of this Ordinance.
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity of
the arena.
b. Side yard setbacks shall not be less than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off-street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
e. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
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this Ordinance.
3. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas Tess than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care and similar uses provided that:
a. The applicable provisions of Section 503 of the City Code relating to
the keeping of animals are determined to be satisfied.
5. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
6. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
7. Public and private airports provided that:
a. The applicable provisions of Section 9, Subd. 4 of this Ordinance
relating to airport zoning are satisfactorily met.
b. All applicable requirements of the Federal Aviation Administration
(FAA), Minnesota Department of Transportation (MnDOT), and
Metropolitan Airports Commission (MAC) are satisfactorily met.
8. Public, Educational and Religious Buildings. Public or semi-public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be Tess than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
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c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
9. Wild game farms and gun clubs provided that:
a. The principal use, function or activity is open, outdoor in character,
and the site shall contain a minimum of one hundred (100) acres.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. Any operation involving the discharge of firearms shall comply with
Section 504 of the City Code.
d. When abutting a residential use and a residential district, the property
is screened and landscaped in compliance with Section 3, Subd. 4.Q.
of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
I. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R District and governed by Section 2, Subd. 3. of this Ordinance.
1. None.
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Subd. 2. R-X, Rural Executive District.
A. Purpose. This district is designed and intended to aid in guiding development
toward fulfillment of the Comprehensive Plan and to serve the following functions:
1. To preserve productive land for agricultural use.
2. To maintain "open space" within and near urban areas.
3. To help guide development of urban and rural areas along an orderly design
to preserve continuity and efficiency of service.
4. 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.
5. To reduce the possibilities of rural -urban conflicts in establishing types and
levels of service, methods of financing the services and needs. To maintain
an acceptable per capita cost for such services as sanitary sewer, water,
police, fire, road maintenance, school transportation, and other necessary
services.
6. To provide areas for high value, rural residences.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Ten (10) gross acres. Two (2) acres buildable, except
as provided for in Section 3, Subd. 3.B.2..
2. Minimum Lot Width. Three hundred thirty (330) feet, except as provided for
in Section 3, Subd. 3.B.2., which shall require a minimum lot width of two
hundred (200) feet.
3. Setbacks. (The greater of the following:)
a. From Street.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
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b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Thirty (30) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
4. Rural Lot Resubdivision. Principal and accessory buildings shall be located
on a rural lot so as to allow for future resubdivision per Section 3, Subd.
A.2.b.5 of this Ordinance.
C. Building Requirements.
1. The minimum floor area for single family dwellings measured using the
outside building dimensions shall be as follows:
Rambler 1,260 square feet
1-1/2 Story 1,092 square feet
Split Foyer/Entry 1,248 square feet
Split Level-3 level minimum 1,248 square feet
Two Story 1,040 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage.
D. Height Regulations. No building shall be erected or structurally altered to exceed
thirty-five (35) feet in height. These regulations shall not apply to barns, silos, or
other farm buildings.
E. Permitted Uses. In the R-X District, no building or land shall be used and no
building shall be erected, converted, or structurally altered, unless otherwise
provided herein, except for one or more of the following uses:
1. Agriculture, gardening and sod farming.
2. Commercial greenhouses and nurseries.
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3. Day care facilities (fourteen (14) or fewer persons).
4. Golf courses and driving ranges.
5. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
6. Limited livestock raising of up to three hundred (300) animal units in
accordance with Section 503 of the City Code. No more than one (1) animal
unit per two (2) acres.
7. Public parks.
8. Single family detached dwellings.
9. State licensed residential care facility serving six (6) or fewer persons.
10. Temporary stands for the sale of agricultural products produced on the
premises in accordance with Section 3, Subd. 4.D.7 of this Ordinance.
F Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-X District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies, and non-commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses allowed
in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
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7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as amended,
of the City Code.
9. Swimming pools, sport courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance.
G. Conditional Uses. The following are conditional uses in the R-X District. These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a "collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas less than two hundred (200) feet in height as
regulated by Section 3, Subd. 15 of this Ordinance.
3. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care and similar uses provided that:
a. The applicable provisions of Section 503 of the City Code relating to
the keeping of animals are determined to be satisfied.
4. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
b. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
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5. Planned unit development rural cluster subdivision as per Section 2, Subd.
10 of this Ordinance.
6. Public, Educational and Religious Buildings. Public or semi-public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosques and synagogues provided that:
a. Side yard setbacks shall not be Tess than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q. of this
Ordinance.
c. Adequate off-street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
H. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15. of this Ordinance.
1. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-X District and governed by Section 2, Subd. 3. of this
Ordinance.
1. None.
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SECTION 6. RESIDENTIAL DISTRICTS
Subd. 1. R-1, Single Family Residential District.
A. 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.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Ten thousand eight hundred (10,800) square feet
buildable land as defined by Section 1, Subd. 2.B.
2. Minimum Lot Width.
a. Interior Lots. Eighty (80) feet.
b. Corner Lots. One hundred (100) feet.
c. Lots of one and one-half (1.5) acres recorded prior to 22 February
1988 may be resubdivided in accordance with the following:
1) Interior Lots. Seventy-five (75) feet.
2) Corner Lots. Ninety-five (95) feet.
3. Minimum Lot Depth. One hundred thirty-five (135) feet.
a. Double Frontage Lots. One hundred forty-five (145) feet.
4. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
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1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
C. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in Tess than thirty-five (35) percent pervious
landscaped area.
D. Building Requirements.
1. The minimum floor area for single family dwellings measured using the
outside building dimensions shall be as follows:
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level - 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage.
E. Height Regulations. No building shall be erected or structurally altered to exceed
thirty-five (35) feet in height.
F. Sanitary Sewer. No R-1 subdivision creating a lot less than ten (10) acres shall
be permitted in this district without public sanitary sewer and water.
G. 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:
1. Day care facilities (fourteen (14) or fewer persons).
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2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility serving six (6) or fewer persons.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-1 District:
1. Accessory apartments as regulated by Section 3, Subd. 10. of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D of this Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking spaces and car ports for licensed and operable passenger cars and
trucks.
7 Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
9. Signs, as regulated by Appendix C of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests.
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I. Conditional Uses. The following are conditional uses in the R-1 District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a collector street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site must be accessed via a collector street or arterial street.
3. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. Public, Educational, and Religious Buildings. Public or semi-public
recreational buildings and neighborhood or community centers; limited to
nursery, elementary, junior high and senior high schools; and religious
institutions such as churches, chapels, temples, mosque, and synagogues
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provided that:
a. Side yards shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-1 District and governed by Section 2, Subd. 2. of this
Ordinance.
1. None.
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Subd. 2. R-1X, Single Family Executive Residential District.
A. 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.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Twelve thousand eight hundred twenty-five (12,825)
square feet buildable land as defined by Section 1, Subd. 2.B of this
Ordinance.
2. Minimum Lot Width.
a. Interior Lot. Ninety (90) feet.
b. Corner Lot. One hundred fifteen (115) feet.
3. Minimum Lot Depth. One hundred thirty-five (135) feet.
a. Double Frontage Lots. One hundred forty-five (145) feet.
4. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
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C. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent previous
landscaped area.
D. Building Requirements.
1. The minimum floor area for single family dwellings measured using the
outside building dimensions shall be as follows:
Rambler 1,260 square feet
1-1/2 Story 1,092 square feet
Split Foyer/Entry 1,248 square feet
Split Level - 3 level minimum 1,248 square feet
Two Story 1,040 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage of a minimum six hundred (600)
square feet.
E. Height Regulations. No building shall be erected or structurally altered to exceed
thirty-five (35) feet in height.
F. Sanitary Sewer. No R-1X subdivision creating a lot of less than ten (10) acres
shall be permitted in this district without public sanitary sewer and water.
G. 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:
1. Day care facilities (fourteen (14) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility serving six (6) or fewer persons.
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H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-1X District:
1. Accessory apartments as regulated by Section 3, Subd. 10. of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D of this Ordinance.
3. Fences, as regulated by Section 3, Subds. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking spaces and car ports for licensed and operable passenger cars and
trucks.
7. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd15 of this Ordinance.
8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
9. Signs, as regulated by Appendix C of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests.
I. Conditional Uses. The following are conditional uses in the R-1X District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a collector street.
b. Where abutting a rural or residential zoning district, the periphery of
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the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site must be accessed via a collector street or arterial street.
3. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. Public, Educational and Religious Buildings. Public or semi-public
recreational buildings and neighborhood or community centers; limited to
nursery, elementary, junior high and senior high schools; and religious
institutions such as churches, chapels, temples, mosque, and synagogues
provided that:
a. Side yards shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
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surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-1X District and governed by Section 2, Subd. 2. of this
Ordinance.
1. None.
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Subd. 3. R-EC, Single Family Estate Conservation District.
A. Purpose. This district is intended to provide a residential atmosphere for those
persons desiring a single family neighborhood with a suburban density. The R-EC
District is distinguished from the R-1X District in that its primary purpose is to
preserve natural amenities such as woodlands, wetlands, and significant views.
The R-EC Districtis intended for development of single family detached homes on
Tots served with public sewer and water.
B. Information Requirement. As a means of fulfilling the purpose of the R-EC
District, the following information shall be submitted:
1. Resource Inventory. An inventory of existing property resources (i.e.,
topography, soil characteristics, vegetation, etc.) as required by Section
1003-1-2 of the Subdivision Ordinance.
2. Yield Plan. A plan showing the maximum number of dwelling units that
would be permitted upon the property under conventional R-EC zoning
requirements with lots having fifteen thousand (15,000) square feet of
buildable land and a one hundred (100) foot lot width, as required by Section
1003-1-3 of the Subdivision Ordinance.
3. Conservation Preliminary Plat. A plat that reflects the densities of the yield
plan while preserving natural resources and open space. The plat shall
demonstrate that when smaller Tots are created through the flexibility allowed
below, the result is a gain in the preservation of open space.
C. Lot and Yard Requirements. To maintain the densities of the yield plan while
incorporating natural resources and open space, the following lot area and width
requirements shall apply:
1. Minimum Lot Area. Fifteen thousand (15,000) square feet average
buildable land*. For any subdivision in an R-EC District, no lot shall be less
than ten thousand eight hundred (10,800) square feet in area, and no fewer
than thirty (30) percent of all individual lots in the subdivision shall be equal
to or greater than fifteen thousand (15,000) square feet in area.
2. Minimum Lot Width. Ninety (90) feet average*. For any subdivision in an
R-EC District, no lot shall be less than eighty (80) feet in width, and no fewer
than thirty (30) percent of all individual Tots in the subdivision shall be ninety
(90) feet or more in width, as measured according to this Ordinance.
* Averaging of lot area, lot width, or setback dimensions shall be considered to be the arithmetic mean, not
the median. For example, lot widths in a five lot subdivision could be 80 feet, 80 feet, 85 feet, 90 feet, and 115
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feet: (80+80+85+90+115=450 feet, divided by 5=90 feet average lot width, with 30 percent of the lots (2 of
5) 90 feet or more in width).
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Twenty-five (25) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent previous
landscaped area.
E. Building Standards.
1. Building Materials. No less than twenty (20) percent of the front building
facade of any structure in the R-EC District shall be covered with brick or
stone. Any accessory building that can be seen from the street shall meet
this same standard. Structures with front facades covered by at least
seventy (70) percent stucco may reduce the brick or stone coverage to ten
(10) percent.
2. Garage Size. A double shall be constructed as a part of any single family
home.
3. Garage Frontage. From side building line to side building line of any single
family structure, no more than forty (40) percent of such building width shall
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consist of garage doors that face the street. Side or rear loaded garages are
not subject to this regulation. An exception shall be made for garage doors
that face the street, but are set back at least ten (10) feet in back of the front
building line of the principal use.
4. Garage Location. No portion of any garage space may be more than five
(5) feet closer to the street than the front building line of the principal single
family use.
5. Building Size.
a. The minimum floor area for single family dwellings measured using
the outside building dimensions shall be as follows:
Rambler 1,260 square feet
1-1/2 Story 1,092 square feet
Split Foyer/Entry 1,248 square feet
Split Level — 3 level minimum 1,248 square feet
Two Story 1,040 square feet
b. All dwellings without basements in this district shall be required to
provide an additional one hundred (100) square feet of floor area to
house utilities.
F. Height Regulations. No building shall be erected or structurally altered to exceed
thirty-five (35) feet in height.
G. Local Street Requirements. In the R-EC District, local street rights -of -way shall
not be less than fifty (50) feet in width.
H. Permitted Uses. In the R-EC 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:
1. Common open space.
2. Day care facilities (fourteen (14) or fewer persons).
3. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
4. Public/private parks.
5. Single family detached dwellings.
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6. State licensed residential care facility serving six (6) or fewer persons.
I. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-EC District:
1. Accessory apartments as regulated by Section 3, Subd. 10. of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D of this Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking spaces and car ports for licensed and operable passenger cars and
trucks.
7 Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
9. Signs, as regulated by Appendix C of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal
use and their guests.
J. Conditional Uses. The following are conditional uses in the R-EC District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
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a. At minimum, the site accesses on a collector street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site must be accessed via a collector street or arterial street.
3. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. Public, Educational or Religious Buildings. Public or semi-public recreational
buildings and neighborhood or community centers; public and private
educational institutions limited to nursery, elementary, junior high and senior
high schools; and religious institutions such as churches, chapels, temples,
mosque, and synagogues provided that:
a. Side yards shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
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c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
K. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
L. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-EC District and governed by Section 2, Subd. 2. of this
Ordinance.
1. None.
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Subd. 4. R-2, Two Family Residential District.
A. Purpose. This district is intended to provide a residential atmosphere for those
persons desiring a single family neighborhood with a suburban density. This district
is intended for development of single and two family detached homes on lots served
with public sewer and water: no land shall be zoned R-2 unless the site is within the
MUSA and city sanitary sewer and city water are available. Land to be zoned R-2
must be in a Medium Density land use category according to the comprehensive
plan, and development density must fall within 3-6 units per acre, based on
buildable area.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of buildable land as defined by
Section 1, Subd. 2.B.
a. Two Family.
1) Base Lot. Fifteen thousand (15,000) square feet.
2) Unit Lot. Seven thousand five hundred (7,500) square feet.
b. Single Family. Ten thousand eight hundred (10,800) square feet.
2. Minimum Lot Width.
a. Two Family.
1) Base Lot. One hundred (100) feet.
2) Unit Lot. Fifty (50) feet.
b. Single Family.
1) Interior Lot. Eighty (80) feet.
2) Corner Lot. One hundred (100) feet.
3. Minimum Lot Depth. One hundred thirty-five (135) feet.
a. Double Frontage Lots. One hundred forty-five (145) feet.
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4. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied
to a common wall of a two family dwelling unit.
C. Impervious Surface Coverage Area. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent pervious
landscaped area.
Building Design Standards.
1. Floor Area. The minimum floor area for single and two family dwellings
measured using the outside building dimensions shall be as follows:
a. Single Family Dwellings.
3 Bedroom Rambler
2 Bedroom Rambler
1-1/2 Story
Split Foyer/Entry
Split Level — 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square feet
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b. Two Family Dwellings. Eight hundred (800) square feet first floor
above grade, plus one hundred (100) additional square feet for each
bedroom.
c. All dwellings without basements in this district shall be required to
provide an additional one hundred (100) square feet of floor area to
house utilities.
2. All two family dwellings shall comply with the standards of Section 3, Subd.
4.B.2
E. Height Regulations. No two family dwelling shall hereafter be erected or
structurally altered to exceed thirty-five (35) feet in height.
F Sanitary Sewer. No R-2 subdivision creating a lot of less than ten (10) acres shall
be permitted in this district without public sanitary sewer and water.
G. 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:
1. Day care facilities (fourteen (14) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety, and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility service six (6) or fewer persons.
6. Two family dwellings.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-2 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Accessory apartments within single family homes as regulated by Section 3,
Subd. 10 of this Ordinance.
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3. Fences per Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking and car ports for licensed and operable passenger cars and trucks.
7. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
8. Recreational vehicles and equipment per Section 3, Subd. 4.P. of this
Ordinance.
9. Signs as regulated by Appendix C of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests.
1. Conditional Uses. The following are conditional uses in the R-2 District: These
uses require a conditional use permit based on the criteria and procedures outlines
in Section 2, Subd. 2 of this Ordinance.
1. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
2. Day care facilities (exceeding fourteen (14) persons) provided that:
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a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
3. Planned unit development residential regulated by Section 2, Subd. 10 of this
Ordinance.
4. Public, educational, and religious buildings, public or semi-public recreational
buildings and neighborhood or community centers limited to nursery,
elementary, junior high and senior high schools; and religious institutions
such as churches, chapels, temples, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on
lots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
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K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-2 District and governed by Section 2, Subd. 3 of this
Ordinance:
1. None.
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Subd. 5. R-3, Medium Density Residential District.
A. Purpose. This district is intended to provide setting for multiple family structures
of up to eight (8) dwelling units per building in areas that have good thoroughfare
access, have proper relationship to other uses, and are accessible to major activity
centers, recreation areas and shopping areas. No land shall be zoned R-3 unless
the site is within the MUSA and city sanitary sewer and city water are available.
B. Processing. Full compliance with this section, other applicable provisions of this
Ordinance, and the City's Subdivision Ordinance provides an alternative to the
processing of a planned development overlay for lots with more than one (1)
principal structure and/or use. Subdivision and administrative review requirements,
as applicable, shall however remain in full force and effect.
C. Development Density. Land to be zoned R-3 must be in a Medium Density land
use category according to the comprehensive plan, and development density within
an R-3 District shall be within a range of three (3) to six (6) units per net acre and
shall be based on the buildable area.
D. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of buildable land as defined by
Section 1, Subd. 2.B.
a. Base Lot.
1) Two Family. Fourteen thousand (14,000) square feet.
2) Townhome/Quadraminium and Other Multiple Family
Dwellings. Twenty four thousand (24,000) square feet.
b. Unit Lot. The minimum unit lot requirements for two family dwellings,
townhomes, and quadraminiums shall be the minimum area
necessary to include the living area, garages, decks, patios, or
porches of the individual dwelling units.
2. Minimum Lot Width.
a. Base Lot. One hundred (100) feet.
b. Unit Lot. Twenty-four (24) feet.
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3. Setbacks. (The greater of the following:)
a. From Streets.
1) Residential Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied
to a common wall of a two family dwelling unit.
E. Impervious Surface Coverage Area. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in Tess than thirty-five (35) percent pervious
landscaped area.
F. Height Regulations. No multiple family dwelling in the R-3 District shall exceed
the height of thirty-six (36) feet in height .
G. Building Design Standards.
1. Floor Area. The minimum livable floor area for each multiple family
dwelling shall be seven hundred (700) square feet plus one hundred (100)
additional square feet for each bedroom.
Efficiency Unit
One Bedroom Unit
Two Bedroom Unit
690 square feet
800 square feet
920 square feet
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Three Bedroom Unit 1,040 square feet
Four Bedroom Unit 1,160 square feet
For each additional bedroom, the floor space shall be increased by one
hundred fifty (150) square feet per unit.
2. All two family dwellings, townhomes, and multiple family dwellings shall
comply with the requirements of Section 3, Subd. 4.B.2 and 4.B.3.
3. Buffer. Where a side or rear lot line in an R-3 District abuts an R, R-X, R-1,
R-1X, R-EC, or R-2 District, or public road right-of-way, a landscape buffer
area not less than twenty (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.
H. Permitted Uses. In the R-3 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities (sixteen (16) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Multiple dwellings containing eight (8) units or Tess.
4. Public parks.
5. State licensed residential care facility serving sixteen (16) or fewer persons.
6. Townhomes and quadraminiums.
7. Two family dwellings.
Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-3 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Fences per Section 3, Subd. 4.R of this Ordinance.
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3. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
4. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
5. Parking and car ports for licensed and operable passenger cars and trucks.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by Appendix C of the City Code.
9. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests.
J. Conditional Uses. The following are conditional uses in the R-3 District: These
uses require a conditional use permit based upon the criteria and procedures
outlined in Section 2, Subd. 2. of this Ordinance.
1. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
2. Day care facilities (exceeding sixteen (16) persons) provided that:
a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
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b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
3. Planned unit development -residential regulated by Section 2, Subd. 10 of this
Ordinance.
4. Public, educational and religious buildings, public or semi-public recreational
buildings and neighborhood or community centers limited to nursery,
elementary, junior high and senior high schools; and religious institutions
such as churches, chapels, temples, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3. Subd. 4.Q of this Ordinance.
K. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance,
the following uses are allowed by administrative permit, as may be approved by the
Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
L. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-3 District and governed by Section 2, Subd. 3 of this
Ordinance.
1. None.
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Subd. 6. R-4, High Density Residential District.
A. Purpose. This district is intended to provide setting for multiple family housing in
areas that have good thoroughfare access, have proper relationship to other uses,
and are accessible to major activity centers, recreation areas and shopping areas.
No land shall be zoned R-4 unless the site is within the MUSA and city sanitary
sewer and city water are available.
B. Processing. Full compliance with this section, other applicable provisions of this
Ordinance, and the City's Subdivision Ordinance provides an alternative to the
processing of a planned development overlay for lots with more than one (1)
principal structure and/or use. Subdivision and administrative review requirements,
as applicable, shall however remain in full force and effect.
C. Development Density. Land to be zoned R-4 must be in a High Density land use
category according to the comprehensive plan, and development density within an
R-4 District shall be within a range of six (6) to twelve (12) units per acre and shall
be based on the buildable area.
D. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of buildable land as defined by
Section 1, Subd. 2.B.
a. Base Lot.
1) Two Family. Twelve thousand (12,000) square feet.
2) Townhome/Quadraminium and Other Multiple Family
Dwellings. Twenty thousand (20,000) square feet.
b. Unit Lot. The minimum unit lot requirements for two family dwellings,
townhomes, and quadraminiums shall be the minimum area
necessary to include the living area, garages, decks, patios, or
porches of the individual dwelling units.
2. Minimum Lot Width.
a. Base Lot. One hundred (100) feet.
b. Unit Lot. Twenty-four (24) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
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1) Residential Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Twenty (20) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied
to a common wall of a two family dwelling unit.
E. Impervious Surface Coverage Area. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent pervious
landscaped area.
F. Height Regulation. No R-4 multiple family dwelling building shall exceed four (4)
stories or forty-five (45) feet in height, whichever is greater except by conditional
use permit.
G. Building Design Standards.
1. Floor Area. The minimum livable floor area for each multiple family dwelling
shall be seven hundred (700) square feet plus one hundred (100) additional
square feet for each bedroom.
2. All two family dwellings, townhomes and multiple family dwellings shall
comply with the requirements of Section 3, Subd. 4.B.2 and 4.B.3.
3. Buffer. Where a side or rear lot line in an R-4 District abuts an R, R-X, R-1,
R-1X, R-EC, or R-2 District, or public road right-of-way, a landscape buffer
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area not Tess than twenty (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.
H. Permitted Uses. In the R-4 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities (sixteen (16) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Multiple family dwellings.
4. Public parks.
5. State licensed residential care facility serving sixteen (16) or fewer persons.
6. Townhomes and quadraminiums.
7. Two family dwellings.
Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-4 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Fences per Section 3, Subd. 4.R of this Ordinance.
3. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
4. Non-commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
Parking and car ports for licensed and operable passenger cars and trucks.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
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7 Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by Appendix C of the City Code.
9. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests.
J. Conditional Uses. The following are conditional uses in the R-4 District: These
uses require a conditional use permit based upon the criteria and procedures
outlined in Section 2, Subd. 2. of this Ordinance.
1. Clinics, hospitals and nursing homes provided that:
a. Side yards are double the minimum requirements established for this
district and are screened in compliance with Section 3, Subd. 4.Q of
this Ordinance.
b. Only the rear yard shall be used for play or recreational areas. Said
area shall be fenced and controlled and screened in compliance with
Section 3, Subd. 4.Q of this Ordinance.
c. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d. All signing and informational or visual communication devices shall be
in compliance with Appendix C of the City Code.
e. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
f. Adequate off-street parking is provided in compliance with Section 3,
Subd. 5. of this Ordinance.
g.
Adequate off-street loading space is provided in compliance with
Section 3, Subd. 6. of this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
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by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
3. Day care facilities (exceeding sixteen (16) persons) provided that:
a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. Funeral homes and mortuaries provided that:
a. The site and related parking and service entrances are served by an
arterial or collector street or sufficient capacity to accommodate the
traffic which will be generated.
b. Adequate off-street parking is provided in compliance with Section 3,
Subd. 5. of this Ordinance.
c. Adequate off-street loading is provided in compliance with Section 3,
Subd. 6. of this Ordinance.
d. Vehicular entrances to parking or service areas shall create a
minimum of conflict with through traffic movement.
e. When abutting residential zoning districts, a buffer area with screening
and landscaping in compliance with Section 3, Subd. 4.Q of this
Ordinance shall be provided.
f. All signing and information or visual communications devices shall be
in compliance with Appendix C of the City Code.
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5. Multiple family dwellings greater than four (4) stories or forty-five (45) feet in
height provided that:
a. The architectural appearance of the building shall not be so dissimilar
to the existing neighboring buildings as to cause impairments in
property values or constitute a blighting influence within a reasonable
distance of the lot.
b. For each additional five (5) feet in allowable, actual, roof height as
calculated by the Building Code, which is above the maximum
building height allowed by the respective zoning district; front and side
yard setback requirements shall be increased by one (1) foot.
c. The construction does not limit solar access to abutting and/or
neighboring properties.
6. Planned unit development -residential regulated by Section 2, Subd. 10 of this
Ordinance.
7. Public, educational and religious buildings, public or semi-public recreational
buildings and neighborhood or community centers limited to nursery,
elementary, junior high and senior high schools; and religious institutions
such as churches, chapels, temples, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3. Subd. 4.Q of this Ordinance.
K. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed in the R-4 District by administrative
permit, as may be approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
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L. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-4 District and governed by Section 2, Subd. 3 of this
Ordinance.
1. None.
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Subd. 7. R-6, Manufactured Home Park District.
A. Purpose. This district is intended to provide opportunities whereby manufactured
housing may be located on a leased or rented site in a planned community. This
district is intended to provide opportunities for almost all types of manufactured
homes including those which may not be able to meet the design standards
established in other residential districts. All manufactured home parks are required
to conform to the provisions of this section and other appropriate sections of this
Ordinance. No new land shall be zoned R-6, Manufactured Home Park District
unless the site or area lies within the City's MUSA and sanitary sewer and municipal
water is available.
B. Lot and Yard Requirements.
1. Minimum Park Size. Five (5) acres.
2. Minimum Lot or Site Size. Six thousand (6,000) square feet per unit
exclusive of roadways, walkways or other property used for park purposes.
3. Minimum Lot or Site Width. Sixty (60) feet measured at right angles to its
side lines.
4. Setbacks. (The greater of the following:)
a. From Public Streets.
1) Local Street. Thirty (30) feet.
2) Collector Street. Forty (40) feet.
b. Front Yard.
1) Private Park Street. Twenty (20) feet.
2) Common Park Walk. Ten (10) feet.
c. Rear Yard. Ten (10) feet.
d. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may
be reduced to zero, if it is part of an overall park plan to maximize
private yard space for each unit. This zero side yard setback
allowance will only be permitted if the distance to the manufactured
home that shares that side lot line is at least thirty (30) feet in
distance.
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e. There shall not be less than twenty (20) feet of space between
manufactured homes in all directions.
f. From R, R-X, R-1, R-1X, R-EC, R-2, R-3, R-4 Zoning Districts. Thirty
(30) feet.
C. Park Requirements.
1. 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.
2. Parking. The parking of more than one (1) manufactured home on any
single lot shall not be permitted.
3. Fire Protection. Fire protection shall be in accordance with Minnesota
Health Department Rule 187 Fire Protection Regulations. Each occupied
manufactured home shall be equipped with a Fire Marshal approved type
extinguisher in usable condition. The occupant of a manufactured home
shall be responsible for providing such extinguisher.
4. 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.
5. Construction Material Storage. All construction materials not currently in use
for construction shall be stored indoors, or totally screened from the eye level
view from public streets and adjacent properties.
6. Drainage. Every manufactured home park shall be located on a well drained
area and the premises shall be properly graded so as to prevent the
accumulation of storm or other waters.
7 Common Walks. Where deemed necessary, common walks shall be
provided. Such walks shall be a minimum width of three (3) feet.
8. Individual Walks. All manufactured homes shall be connected to common
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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.
9. Patio. A patio may be constructed on the ground beside each manufactured
home parking space; this patio shall be not greater than one hundred fifty
(150) square feet in area and constructed of concrete with a minimum
thickness of four (4) inches or approved equal.
10. 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.
11. 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.
12. Screening. Where a manufactured home park site abuts upon a R, R-X, R-
1, R-1X, R-2, R-3, R-4 Zoning District, the setback area shall be landscaped
and screened with trees and bushes. Screening shall meet the requirements
established in Section 3, Subd. 4.Q.
13. Street Access. Each unit shall abut on and have access to a street. This
street shall be constructed according to standards approved by the City.
14. Curbing. A concrete curb and gutter shall be constructed on each side of
the street and the face of its curb shall be at least fifteen (15) feet from the
centerline of said street; the design shall be of a type approved by the City.
15. 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.
16. Parking.
a. Each manufactured home site shall have off-street parking space
paved with concrete and/or bituminous for two (2) automobiles.
b. 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.
c. 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.
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d. There shall be a separate area of storage provided for boats, boat
trailers, travel trailers, etc. The area shall be located away from any
public road and shall be fenced and screened from view of public road
and adjacent properties.
17. Utilities.
a. All manufactured homes shall be served by a central water and
sanitary sewer system.
b. All utilities shall be underground. There shall be no overhead wires
or supporting poles except those essential for street or other lighting
purposes.
c. Access in the skirting shall be provided to allow the inspection of
plumbing, electrical facilities and related manufactured home
equipment.
d. 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.
18. Street Lighting. The park shall have a street lighting plan approved by the
City.
19. Accessory Buildings. Any accessory building for outside storage of
equipment or refuse shall be constructed of weather resistant material and
be finished in a manner conforming with the appearance of the principal
dwelling and shall be consistent in appearance with the other accessory
buildings in the manufactured home park.
20. Community Building. All manufactured home parks may have a central
community building with laundry drying areas and washing machines.
21. Emergency Storm Protections. Manufactured home parks established prior
to 1 July 1993 shall comply with emergency room protections as required by
Minnesota Statutes. A new manufactured home park established after 1 July
1993 shall have storm shelters in compliance with Minnesota Statutes.
Additionally, all emergency storm protection measures shall be subject to the
approval of the City Council.
22. Recreational Space. All manufactured home parks shall have at least ten
(10) percent of the land area developed for recreational use (sport courts,
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children's play equipment, swimming pool, golf green, etc.) developed and
maintained at the owner's expense.
23. Refuse Handling. The handling of refuse shall be in compliance with the
applicable provisions of Section 3, Subd. 4.G of this Ordinance. The refuse
handling shall be allowed provided such equipment is screened from
adjacent uses, and all public and private street rights -of -way.
D. Permitted Uses. In the R-6 District, unless otherwise provided in this Ordinance,
no building or land shall be used and no building shall be erected or structurally
altered except for one or more of the following uses:
1. Community/recreation buildings.
2. Manufactured homes.
3. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15. of this Ordinance.
E. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R-6 District:
1. Accessory buildings, including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Civil defense buildings/storm shelters.
3. Community laundry facilities, park office, recreational building(s) provided
such structures are of a permanent nature and comply with the provisions of
the State Building Code.
4. Fences per Section 3, Subd. 4.R of this Ordinance.
5. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
6. Signs as regulated by Appendix C of the City Code.
7 Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests.
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F Conditional Uses. The following are conditional uses in the R-6 District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2. of this Ordinance.
1. None.
G. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed in the R-6 District by administrative
permit, as may be approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-6 District and governed by Section 2, Subd. 3. of this
Ordinance.
1. None.
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 Planning and
Zoning Board. Approval shall be granted only upon compliance with all of the
following:
1. Planning and Zoning Board Review. The Planning and Zoning Board shall
review all applications for manufactured home parks and may hold hearings
as deemed necessary or proper. The findings and recommendations of the
Planning and Zoning Board shall be forwarded to the City Council for action.
2. 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.
3. Submission Requirements. Submission for manufactured home park
approval shall include the following:
a. Twenty (20) copies of the manufactured home park plan showing the
following:
1) The extent and area proposed for manufactured home park
purposes.
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2) Locations for roads and driveways.
3) Location of sites or lots for manufactured homes.
4) Proposed disposition of surface drainage.
5) Proposed street surfacing and lighting.
6) Off-street parking.
7) Patios.
8) Location of community building.
9) Location of recreation facilities.
10) Location of sidewalks.
11) Location of setback lines.
12) Location of screening, planting, green areas, etc.
13) Any other information requested by the City Council.
b. 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.
c. 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.
4. 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.
5. Access. It shall be the duty of the park owner to give the Building Inspector
free access to all lots at reasonable times for the purposes of inspection.
J. Manufactured Home Inspection - Permits. No manufactured home shall be
occupied as a dwelling unless a certificate of occupancy has been issued by the
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Building Official.
1. Installation Permit. No manufactured home shall be installed without having
first applied for, acquired and received an installation permit from the
Building Official.
2. 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 Building Code and all other
appropriate requirements.
3. 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.
4. Fees. Fees for inspection shall be set by the City Council.
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SECTION 7. BUSINESS DISTRICTS
Subd. 1. NB, Neighborhood Business District.
A. Purpose. The purpose of the NB, Neighborhood Business District is to provide
for the establishment of local businesses for convenience, limited office, retail or
service outlets which deal directly with the daily requirements of the immediate
neighborhood and which are located along a collector or arterial roadway. These
businesses are not intended to draw customers from the entire community. No
new land shall be zoned NB, Neighborhood Business unless the site or area lies
within the City's MUSA and sanitary sewer and municipal water are available.
B. Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lot. Eleven thousand two hundred fifty (11,250) square
feet.
b. Unsewered Lot. Ten (10) acres, in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2. Minimum Lot Width.
a. Sewered Lot -Interior. Seventy-five (75) feet.
b. Sewered Lot -Corner. One hundred (100) feet.
c. Unsewered Lot. One hundred fifty (150) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Principal Building - Local Street. Thirty (30) feet.
2) Principal Building - Collector or Arterial Street. Forty (40)
feet.
3) Parking Lot. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
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2) Accessory Building. Ten (10) feet.
3) Parking Lot/Driveway: Ten (10) feet.
c. Side Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot Driveway: Ten (10) feet.
d. From Residential District. Thirty-five (35) feet.
e. Between Principal Buildings. Not less than one-half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the NB District shall be erected or
structurally altered to exceed thirty-five (35) feet in height.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent pervious
landscaped area.
E. Building Requirements. All newly constructed commercial buildings shall
meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
F Permitted Uses. In the NB District, unless otherwise provided in this
Ordinance, no building or land shall hereafter be erected, or structurally altered
except for one or more of the following uses.
1. Adult use — accessory.
2. Governmental or public regulated utilities, buildings, or structures
necessary for the health, safety, and general welfare of the City.
3. Office business — clinic.
4. Office business — general.
5. Personal services (subject to any licensing requirements of City Code,
County or State).
6. Restaurant without drive -through service facilities or outdoor dining.
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7. Retail business without drive -through service facilities.
8. Service business — on -site without drive -through service facilities.
G. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the NB District:
1. Accessory buildings and structures as regulated by Section 3, Subd.
4.D.9. of this Ordinance.
2. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance.
4. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance.
5. Outside services, sales, and equipment rental accessory to the principal
use and limited in area to twenty-five (25) percent of the gross floor area
of the principal building.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 14 of this Ordinance.
7. Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
H. Conditional Uses. Subject to applicable provisions of this Ordinance, the
following are conditional uses in the NB District: These uses require a
conditional use permit based on the criteria and procedures outlined in Section 2,
Subd. 2 of this Ordinance.
1. Commercial day care facilities provided that:
a. All requirements of the Minnesota Department of Health and
Human Services, as may be amended, are satisfactorily met and
the structure and operation is licensed accordingly.
b. Screening is provided along all shared property lines. Such
required fencing and screening shall be in compliance with the
applicable provisions of Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking is provided in a location separated from
any outdoor play area(s).
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2. Planned unit development — commercial including shopping centers as
regulated by Section 2, Subd. 10 of this Ordinance.
3. Small engine repair provided that:
a. The lighting shall be in compliance with Section 3, Subd. 4.F. of this
Ordinance.
b. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 3, Subd. 4.Q of this Ordinance.
c. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 3, Subd. 5.
of this Ordinance and shall be subject to the approval of the City
Engineer.
d. Provisions are made to control and reduce noise.
e. No outside storage, service or sales except as allowed in
compliance with Section 3, Subd. 4.P and Section 7, Subd. 1.G.5 of
this Ordinance.
Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 14 of this Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the NB District and are governed by Section 2, Subd. 3 of this
Ordinance:
1. None.
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Subd. 2. LB, Limited Business District.
A. Purpose. There may be some areas which are suitable only for commercial
uses of a limited (less intense) nature. This may be due to the close proximity of
residential uses. This may include high quality commercial areas such as an
"office park" development. Also, the LB District can be used as a transitional
district or buffer between non -compatible uses such as intense commercial (GB)
and residential uses. No new land shall be zoned LB, Limited Business unless
the site or area lies within the City's MUSA and sanitary sewer and municipal
water is available.
B. Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lots. Fifteen thousand (15,000) square feet.
b. Unsewered Lots. Ten (10) acres in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2. Minimum Lot Width.
a. Sewered Lots. One hundred (100) feet.
b. Unsewered Lots. One hundred fifty (150) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Principal Building - Local Street. Thirty (30) feet.
2) Principal Building - Collector or Arterial Street. Forty (40)
feet.
3) Parking Lot. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot. Ten (10) feet.
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c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot/Driveway. Ten (10) feet.
d. From Residential District. Thirty-five (35) feet.
e. Between Principal Buildings. Not less than one-half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the LB District shall exceed a height of
three (3) stories or thirty-six (36) feet, whichever is higher.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent pervious
landscaped area.
E. Building Requirements. All newly constructed commercial buildings shall
meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
F. Permitted Uses. In the LB District, no building or land shall be used, and no
building shall be erected, converted or structurally altered unless otherwise
provided herein, except for one or more of the following uses.
1. Adult use — accessory.
2. Governmental or public regulated utilities, buildings, or structures
necessary for the health, safety, and general welfare of the City.
3. Liquor sales — on and off sale.
4. Office business — clinic.
5. Office business — general.
6. Personal services (subject to any licensing requirements of City Code,
County or State).
7. Residential extended care facilities such as nursing homes.
8. Restaurant without drive -through service facilities or outdoor dining.
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9. Retail business.
10. Service business — off -site.
11. Service business — on -site, without drive -through facilities.
G. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the LB District:
1. Accessory buildings and structures as regulated by Section 3, Subd.
4.D.9. of this Ordinance.
2. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
3. Off-street loading as regulated by Section 3, Subd. 6 of this Ordinance.
4. Off-street parking as regulated by Section 3, Subd. 5 of this Ordinance.
5. Outside services, sales, and equipment rental accessory to the principal
use and limited in area to twenty-five (25) percent of the gross floor area
of the principal building.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 14 of this Ordinance.
7 Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
H. Conditional Uses. Subject to applicable provisions of this Ordinance, the
following are conditional uses in the LB District: These uses require a conditional
use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of
this Ordinance.
1. Accessory drive -through facilities provided that:
a. Not less than one hundred twenty (120) feet of segregated
automobile stacking must be provided for the single service lane.
Where multiple service lanes are provided, the minimum automobile
stacking may be reduced to sixty (60) feet per lane.
b. The stacking lane and its access must be designed to control traffic
in a manner to protect the buildings and will not interfere with on -
site traffic circulation or access to the required parking space.
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c. No part of the public street or boulevard may be used for stacking of
automobiles.
d. The stacking lane, order board intercom, and window placement
shall be designed and located in such a manner as to minimize
glare to adjacent premises, particularly residential premises, and to
maximize maneuverability of vehicles on the site.
e. The drive -through window and its stacking lanes shall be screened
from view of adjoining residential zoning districts and public street
rights -of -way.
f. A lighting and photometric plan will be required that illustrates the
drive -through service lane lighting and shall comply with Section 3,
Subd. 4.F of this Ordinance.
2. Commercial day care facilities provided that:
a. All requirements of the Minnesota Department of Health and
Human Services, as may be amended, are satisfactorily met and
the structure and operation is licensed accordingly.
b. Screening is provided along all shared property lines. Such
required fencing and screening shall be in compliance with the
applicable provisions of Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off-street parking is provided in a location separated from
any outdoor play area(s).
d. Adequate off-street loading spaces in compliance with Section 3,
Subd. 6 of this Ordinance.
3. Motor fuel stations provided that:
a. Motor Fuel Facilities. Motor fuel facilities shall be installed in
accordance with State and City standards. Additionally, adequate
space shall be provided to access fuel pumps and allow
maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations which do not conflict with
circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
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b. Architectural Standards.
1) As a part of the conditional use permit application, a color
illustration of all building elevations shall be submitted.
2) The architectural appearance, scale, and functional plan of
the building(s) and canopy shall be complementary and
compatible with each other and the existing buildings in the
neighborhood setting.
3) All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to Section 3, Subd. 4.B of this
Ordinance.
4) Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
5) Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, gray, tan, beige, brick red, soft green, soft blue, or
white.
6) Ten (10) percent of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four (4) inches. The color bands shall
not be illuminated.
c. Canopy. A protective canopy structure may be located over the
pump island(s), as an accessory structure. The canopy shall meet
the following performance standards:
1) The edge of the canopy shall be thirty (30) feet or more from
the front and/or side lot line, provided that adequate visibility
both on -site and off -site is maintained.
2) The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance to accommodate
a semi -trailer truck passing underneath.
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3) The canopy fascia shall not exceed three (3) feet in vertical
height.
4) Canopy lighting shall consist of canister spotlights recessed
into the canopy. No portion of the light source of fixture may
extend below the ceiling of the canopy. Total canopy
illumination may not exceed one hundred fifteen (115) foot
candles below the canopy at ground level.
5) The architectural design, colors, and character of the canopy
shall be consistent with the principal building on the site.
6) Signage may be allowed on a detached canopy in lieu of wall
signage on the principal structure, provided that:
a) The individual canopy sign does not exceed more
than twenty (20) percent of the canopy facade facing
a public right-of-way.
7) Canopy posts/sign posts shall not obstruct traffic or the safe
operation of the gas pumps.
d. Pump Islands. Pump islands shall comply with the following
performance standards:
1) Pump islands shall be elevated six (6) inches above the
traveled surface of the site.
2) All pump islands shall be set at least thirty (30) feet back
from any property line. Additionally, the setback between the
pump islands curb face must be at least twenty-four (24) feet.
e. Dust Control and Drainage. The entire site other than taken up by
a building, structure, or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick. Plans for surfacing and
drainage shall be subject to approval of the City Engineer.
Drainage from all fueling areas shall be directed to an oil/grit
separator. Minimum design standards for the oil/grit separator shall
include the following:
1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
2) A minimum pool depth of four (4) feet.
Lino Lakes Zoning Ordinance Business Districts
7-10
3) A minimum oil containment capacity of eight hundred (800)
gallons.
4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events. A measurable spill
shall be defined by the Minnesota Pollution Control Agency
(MPCA). Any measurable spill event must be reported to the
MPCA.
f. Landscaping.
g.
1) At least thirty-five (35) percent of the lot, parcel or tract of
land used exclusively for the gas sales facility shall remain as
a grass plot, including trees, shrubbery, plantings or fencing
and shall be landscaped. Required minimum green area
should be emphasized in the front and side yards abutting
streets or residential property.
2) At the boundaries of the lot, the following landscape area
shall be required:
a) From side and rear property lines, an area of not less
than ten (10) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
b) From all road rights -of -way, an area of not less than
fifteen (15) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
c) Where lots abut residentially zoned property, a buffer
yard of not less than twenty (20) feet wide shall be
landscaped and screened in accordance with Section
3, Subd. 4.Q of this Ordinance.
d) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
Exterior Lighting. The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right-of-way and shall be in
compliance with Section 3, Subd. 4.F of this Ordinance. A
comprehensive lighting plan shall be submitted as part of the
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7-11
conditional use permit application, and shall be subject to the
following performance standards:
1) Canopy Lighting. Canopy lighting under the canopy
structure shall consist of canister spotlights recessed into the
canopy. No portion of the Tight source or fixture may extend
below the ceiling of the canopy. Total canopy illumination
below the canopy may not exceed one hundred fifteen (115)
foot candles at ground level.
2) Perimeter Lighting. Lighting at the periphery of the site and
building shall be directed downward, and individual lights
shall not exceed fifteen (15) foot candles at ground level.
3) Illumination. Maximum site illumination shall not exceed
four -tenths (0.4) foot candle at ground level when measured
at any boundary line with an adjoining residential property or
any public property.
4) Access. Vehicular access points shall create a minimum of
conflict with through traffic movement and shall comply with
Section 3, Subd. 5 of this Ordinance.
h. Circulation and Loading. The site design must accommodate
adequate turning radius and vertical clearance for a semi -trailer
truck. Designated loading areas must be exclusive of off-street
parking stalls and drive aisles. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering
templates.
i. Parking.
j.
1) Parking spaces shall be calculated solely based upon the
use(s) and the square footage of the principal building(s).
2) Parking spaces shall be screened from abutting residential
properties in compliance with Section 3, Subd. 4.S of this
Ordinance.
Noise. Public address system shall not be audible at any property
line. Play of music or advertisement from the public address
system is prohibited. Noise control shall be required as regulated in
Section 3, Subd. 4.J of this Ordinance.
k. Outside Storage, Sales and Service. No outside storage or sales
shall be allowed, except as follows:
Lino Lakes Zoning Ordinance Business Districts
7-12
1) Public phones may be located on site as long as they do not
interrupt on -site traffic circulation, and are not located in a
yard abutting residentially zoned property.
2) Propane sales of twenty (20) pound capacity tanks may be
located outside provided the propane tanks are secured in a
locker and meets all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable
building and fire code requirements.
3) A compressed air service area may be located on site as
long as it does not interrupt on -site traffic circulation.
4) Accessory outdoor services, sales, or rental as regulated by
Section 7, Subd. 2.G.5 of this Ordinance.
I. Litter Control. The operation shall be responsible for litter control
on the subject property, which is to occur on a daily basis. Trash
receptacles shall be provided at a convenient location on site to
facilitate litter control.
m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request finds that the general welfare and public
betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
4. Planned unit development — commercial including shopping centers as
regulated by Section 2, Subd. 10 of this Ordinance.
5. Private lodges and clubs provided that:
a. Adequate screening from abutting and adjoining residential uses
and landscaping is provided.
b. Adequate off-street parking and access is provided and that such
parking is adequately screened and landscaped from adjoining and
residential uses.
c. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6. of this
Ordinance.
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7-13
6. Private specialty schools such as music, dance or business schools
provided that:
a. Provisions are made to buffer and screen any adjoining residential
uses.
b. The site is served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
7 Residential apartments accessory to permitted or conditional uses in the
LB District provided that:
a. The apartment is located in the same building as the principal use.
b. Residential and non-residential use are not contained on the same
floor.
c. The residential and non-residential uses do not conflict in any
manner.
8. Restaurants with accessory outdoor dining facilities provided that:
a. The applicant submit a site plan and other pertinent information
demonstrating the location and type of all tables, refuse
receptacles, and wait stations.
b. Access to the dining area be provided only via the principal building
if the dining area is full service restaurant, including table waiting
service.
c. The size of the dining area is restricted to thirty (30) percent of the
total customer floor area within the principal structure.
d. The dining area is screened from view from adjacent residential
uses in accordance with Section 3, Subd. 4.Q of this Ordinance.
e. All lighting be hooded and directed away from adjacent residential
uses in accordance with Section 3, Subd. 4.F of this Ordinance.
The applicant demonstrates that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
following:
1) Outdoor dining area shall be segregated from through
pedestrian circulation by means of fencing, bollards, ropes,
Lino Lakes Zoning Ordinance Business Districts
7-14
g.
plantings, or other methods, and shall be subject to review
and approval by the City Council.
2) Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five (5) feet
without interference from parked motor vehicles, bollards,
trees, tree gates, curbs, stairways, trash receptacles, street
lights, parking meters, or the like.
3) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or
pedestrian aisle shall have a minimum clearance of seven
(7) feet above sidewalk.
The dining area is surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other flooring material
that provides a clean, attractive, and functional surface.
h. A minimum width of thirty-six (36) inches shall be provided within
aisles of the outdoor dining area.
j.
Storage of furniture shall not be permitted outdoors between
November 1 and March 31. Outdoor furniture that is immovable or
permanently fixed or attached to the sidewalk shall not be subject to
the storage prohibition of this section. However, any immovable or
permanently fixed or attached furniture must be approved as part of
the administrative permit application.
Additional off-street parking shall be required pursuant to the
requirements set forth in Section 3, Subd. 5 of this Ordinance based
on the additional seating area provided by the outdoor dining area.
k. Refuse containers are provided for self-service outdoor dining
areas. Such containers shall be placed in a manner which does not
disrupt pedestrian circulation, and must be designed to prevent
spillage and blowing litter.
I. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 14 of this Ordinance.
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7-15
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the LB District and are governed by Section 2, Subd. 3. of this
Ordinance:
1. None.
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7-16
Subd. 3. GB, General Business District.
A. Purpose. There are areas containing a wide variety of business uses including
retail, service, and semi -industrial uses. As such, they may contain businesses
which tend to serve other business and industry as well as those catering to
shoppers' needs. No new land shall be zoned GB, General Business unless the
site or area lies within the City's MUSA and sanitary sewer and municipal water
is available.
Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lot. Twenty thousand (20,000) square feet.
b Unsewered Lot. Ten (10) acres in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2 Minimum Lot Width. One hundred (100) feet.
3 Setbacks. (The greater of the following:)
a. From Streets.
1) Principal Building - Local Street. Thirty (30) feet.
2) Principal Building - Collector or Arterial Street. Forty (40)
feet.
Parking Lot/Driveway. Fifteen (15) feet.
Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Ten (10) feet.
Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Ten (10) feet.
Amended per Ord. 21-03
Lino Lakes Zoning Ordinance Business Districts
7-17
Parking Lot . Ten (10) feet.
From Residential District. Thirty-five (35) feet.
Between Principal Buildings. Not less than one-half (1/2) the sum
of the building heights of the two (2) buildings.
Height Regulations. No building in the GB District shall be erected or
structurally altered to exceed forty-five (45) feet in height.
Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than seventy-five
(75) percent of the lot area resulting in less than twenty-five (25) percent pervious
landscaped area.
Building Requirements. All newly constructed commercial buildings shall
meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
Permitted Uses. In the GB District, no building or land shall be used, and no
building shall be erected, converted or structurally altered unless otherwise
provided herein, except for one or more of the following uses.
1. Adult use - principal and accessory.
2. Governmental and public regulated utilities, buildings, and structures
necessary for the health, safety, and general welfare of the City.
3. Greenhouses and landscape nurseries.
Hospitality business.
Liquor sales, on and off sale.
6. Office business — clinical.
7. Office business general.
8. Personal Services. (Added per Ord 21-03)
9 Recreational business contained entirely within the principal building.
10. Restaurant with or without drive -through facilities, without outdoor dining.
11. Retail business.
12. Service business — off -site.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 21-03 7-18
13. Service business — on -site.
14. Specialty schools such as music, dance, gymnastics, or business/trade
schools.
15. Theaters.
Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the GB District:
1. Accessory buildings and structures as regulated by Section 3, Subd.
4.D.9. of this Ordinance.
3.
Drive -through service facilities:
a Not less than one hundred twenty (120) feet of segregated
automobile stacking must be provided for the single service lane.
Where multiple service lanes are provided, the minimum automobile
stacking may be reduced to sixty (60) feet per lane.
b The stacking lane and its access must be designed to control traffic
in a manner to protect the buildings and will not interfere with on
site traffic circulation or access to the required parking space.
c. No part of the public street or boulevard may be used for stacking of
automobiles.
d The stacking lane, order board intercom, and window placement
shall be designed and located in such a manner as to minimize
glare to adjacent premises, particularly residential premises, and to
maximize maneuverability of vehicles on the site.
e. The drive -through window and its stacking lanes shall be screened
from view of adjoining residential zoning districts and public street
rights -of -way.
A lighting and photometric plan will be required that illustrates the
drive -through service lane lighting and shall comply with Section 3,
Subd. 4.F of this Ordinance.
Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
Off-street loading as regulated by Section 3, Subd. 6 of this Ordinance.
Off-street parking as regulated by Section 3, Subd. 5 of this Ordinance.
Amended per Ord. 21-03
Lino Lakes Zoning Ordinance Business Districts
7-19
Outside services, sales, and equipment rental accessory to the principal
use and limited in area to twenty-five (25) percent of the gross floor area
of the principal building.
7. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 14 of this Ordinance.
8. Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
Conditional Uses. Subject to applicable provisions of the Ordinance, the
following are conditional uses in the GB District: These uses require a
conditional use permit based upon the criteria and procedures outlined in
Section 2, Subd. 2. of this Ordinance.
1. Automobile and truck repair (including body shops) provided that:
The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence.
The entire area other than occupied by buildings or structures or
planting shall be surfaced with bituminous or concrete which will
control dust and drainage. The entire area shall have a perimeter
curb barrier, a storm water drainage system and is subject to the
approval of the City Engineer.
c. All buildings shall provide an interior location for trash handling or
an enclosed trash receptacle area in conformance with the
following:
1) Exterior wall treatment shall be similar and/or complement
the principal building.
The enclosed trash receptacle area shall be located in the
rear or in a side yard which is not abutting a street.
The trash enclosure must be in an accessible location for
pick up hauling vehicles.
Lino Lakes Zoning Ordinance Business Districts
Amended per Ord. 21-03 7-20
d. All painting must be conducted in an approved paint booth. All
paint booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulated matter so
that the use shall be in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulation APC 1-15, as
amended.
e. The emission of odor by a use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota regulations APC, as amended.
f. All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota Uniform Fire Code.
g.
All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
h. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare and public betterment can be served
by modifying the conditions.
2. Bus garage provided that:
a. When abutting a residential use or residential district, the property
shall be screened and landscaped in accordance with Section 3,
Subd. 4.Q of this Ordinance.
b. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence.
c. The entire area other than occupied by the building or planting shall
be surfaced with blacktop or concrete which will control dust and
drainage which is subject to the approval of the City Engineer.
d. The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
e. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
f. Provisions are made to control and reduce noise.
Lino Lakes Zoning Ordinance Business Districts
7-21
g.
An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles.
h. Motor fuel activities associated with the bus service shall be
installed in accordance with State and City standards. Additionally,
adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations do not conflict with circulation,
access and other activities on the site. Fuel pumps shall be
installed on pump islands.
3. Commercial car washes (drive -through, mechanical and self-service)
provided that:
a. The site is serviced by municipal sanitary sewer.
b. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence.
c. Magazining or stacking space is constructed to accommodate that
number of vehicles which can be washed during a maximum thirty
(30) minute period and shall be subject to the approval of the City
Engineer.
d. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 3, Subd. 4.Q of this Ordinance.
e. Parking or car magazine storage space shall be screened from
view of abutting residential districts in compliance with Section 3,
Subd. 4.Q of this Ordinance.
f. The entire area other than occupied by the building or plantings
shall be surfaced with material which will control dust and drainage
which is subject to the approval of the City Engineer.
g.
The entire area shall have a drainage system which is subject to
the approval of the City.
h. All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
Lino Lakes Zoning Ordinance Business Districts
7-22
residence and shall be in compliance with Section 3, Subd. 4.F of
this Ordinance.
i. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
j.
Provisions are made to control and reduce noise.
4. Commercial day care facilities provided that:
a. All requirements of the Minnesota Department of Health and
Human Services, as may be amended, are satisfactorily met and
the structure and operation is licensed accordingly.
b. Screening is provided along all shared property lines. Such
required fencing and screening shall be in compliance with the
applicable provisions of Section 3, Subd. 4.S. of this Ordinance.
c. Adequate off-street parking is provided in a location separated from
any outdoor play area(s).
d. Adequate off-street loading spaces in compliance with Section 3,
Subd. 6 of this Ordinance.
5. Contractor shops and offices provided that:
a. All outside storage is prohibited. The storage of contractor
equipment and materials must be completely inside.
b. When abutting a residential land use, a buffer area with screening
and landscaping in compliance with Section 3, Subd. 4.Q of this
Ordinance is provided.
6. Hospitals provided that:
a. Side yards are double the minimum requirements established for
this district and are screened in compliance with Section 3, Subd.
4.Q of this Ordinance.
b. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
c. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
Lino Lakes Zoning Ordinance Business Districts
7-23
d. Adequate off-street loading space is provided in compliance with
Section 3, Subd. 6 of this Ordinance.
7 Motor fuel stations provided that:
a. Motor Fuel Facilities. Motor fuel facilities shall be installed in
accordance with State and City standards. Additionally, adequate
space shall be provided to access fuel pumps and allow
maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations which do not conflict with
circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
b. Architectural Standards.
1) As a part of the conditional use permit application, a color
illustration of all building elevations shall be submitted.
The architectural appearance, scale, and functional plan of
the building(s) and canopy shall be complementary and
compatible with each other and the existing buildings in the
neighborhood setting.
3) All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to Section 3, Subd. 4.B of this
Ordinance.
4) Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
5) Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, gray, tan, beige, brick red, soft green, soft blue, or
white.
6) Ten (10) percent of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four (4) inches. The color bands shall
not be illuminated.
Lino Lakes Zoning Ordinance Business Districts
7-24
c. Canopy. A protective canopy structure may be located over the
pump island(s), as an accessory structure. The canopy shall meet
the following performance standards:
1) The edge of the canopy shall be thirty (30) feet or more from
the front and/or side lot line, provided that adequate visibility
both on -site and off -site is maintained.
2) The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance to accommodate
a semi -trailer truck passing underneath.
3) The canopy fascia shall not exceed three (3) feet in vertical
height.
4) Canopy lighting shall consist of canister spotlights recessed
into the canopy. No portion of the light source or fixture may
extend below the ceiling of the canopy. Total canopy
illumination may not exceed one hundred fifteen (115) foot
candles below the canopy at ground level.
5) The architectural design, colors, and character of the canopy
shall be consistent with the principal building on the site.
6) Signage may be allowed on a detached canopy in lieu of wall
signage on the principal structure, provided that:
a) The individual canopy sign does not exceed more
than twenty (20) percent of the canopy facade facing
a public right-of-way.
7) Canopy posts/sign posts shall not obstruct traffic or the safe
operation of the gas pumps.
d. Pump Islands. Pump islands shall comply with the following
performance standards:
1) Pump islands shall be elevated six (6) inches above the
traveled surface of the site.
2) All pump islands shall be set at least thirty (30) feet back
from any property line. Additionally, the setback between the
pump islands curb face must be at least twenty-four (24) feet.
e. Dust Control and Drainage. The entire site other than taken up by
a building, structure, or plantings shall be surfaced with asphalt,
Lino Lakes Zoning Ordinance Business Districts
7-25
concrete, cobblestone, or paving brick. Plans for surfacing and
drainage shall be subject to approval of the City Engineer.
Drainage from all fueling areas shall be directed to an oil/grit
separator. Minimum design standards for the oil/grit separator shall
include the following:
1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
2) A minimum pool depth of four (4) feet.
3) A minimum oil containment capacity of eight hundred (800)
gallons.
4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events. A measurable spill
shall be defined by the Minnesota Pollution Control Agency
(MPCA). Any measurable spill event must be reported to the
MPCA.
f. Landscaping.
1) At least twenty-five (25) percent of the lot, parcel or tract of
land used exclusively for the gas sales facility shall remain as
a grass plot, including trees, shrubbery, plantings or fencing
and shall be landscaped. Required minimum green area
should be emphasized in the front and side yards abutting
streets or residential property.
2) At the boundaries of the lot, the following landscape area
shall be required:
a) From side and rear property lines, an area of not less
than ten (10) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
b) From all road rights -of -way, an area of not less than
fifteen (15) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
c) Where lots abut residentially zoned property, a buffer
yard of not less than twenty (20) feet wide shall be
landscaped and screened in accordance with Section
3, Subd. 4.Q of this Ordinance.
Lino Lakes Zoning Ordinance Business Districts
7-26
g.
d) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
Exterior Lighting. The lighting shall be accomplished in such a way
as to have no direct source of Tight visible from adjacent land in
residential use or from the public right-of-way and shall be in
compliance with Section 3, Subd. 4.F of this Ordinance. A
comprehensive lighting plan shall be submitted as part of the
conditional use permit application, and shall be subject to the
following performance standards:
1) Canopy Lighting. Canopy lighting shall only be permitted
under the canopy structure, and shall consist of canister
spotlights recessed into the canopy. No portion of the light
source or fixture may extend below the ceiling of the canopy.
Total canopy illumination below the canopy may not exceed
one hundred fifteen (115) foot candles at ground level.
2) Perimeter Lighting. Lighting at the periphery of the site and
building shall be directed downward, and individual lights
shall not exceed fifteen (15) foot candles at ground level.
3) Illumination. Maximum site illumination shall not exceed
four -tenths (.4) foot candle at ground level when measured at
any boundary line with an adjoining residential property or
any public property.
4) Access. Vehicular access points shall create a minimum of
conflict with through traffic movement and shall comply with
Section 3, Subd. 5 of this Ordinance.
h. Circulation and Loading. The site design must accommodate
adequate turning radius and vertical clearance for a semi -trailer
truck. Designated loading areas must be exclusive of off-street
parking stalls and drive aisles. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering
templates.
i. Parking.
1) Parking spaces shall be calculated solely based upon the
use(s) and the square footage of the principal building(s).
Lino Lakes Zoning Ordinance Business Districts
7-27
2) Parking spaces shall be screened from abutting residential
properties in compliance with Section 3, Subd. 4.Q of this
Ordinance.
Noise. Public address system shall not be audible at any property
line. Play of music or advertisement from the public address
system is prohibited. Noise control shall be required as regulated in
Section 3, Subd. 4.J of this Ordinance.
k. Outside Storage, Sales and Service. No outside storage or sales
shall be allowed, except as follows:
1) Public phones may be located on site as long as they do not
interrupt on -site traffic circulation, and are not located in a
yard abutting residentially zoned property.
2) Propane sales of twenty (20) pound capacity tanks may be
located outside provided the propane tanks are secured in a
locker and meets all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable
building and fire code requirements.
3) A compressed air service area may be located on site as
long as it does not interrupt on -site traffic circulation.
4) Accessory outdoor services, sales, or rental as regulated by
Section 7, Subd. 3.G.6 of this Ordinance.
I. Litter Control. The operation shall be responsible for litter control
on the subject property, which is to occur on a daily basis. Trash
receptacles shall be provided at a convenient location on site to
facilitate litter control.
m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request finds that the general welfare and public
betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
8. Outdoor recreation facilities provided that:
a. The facilities are an accessory use to a principal use allowed within
the GB District.
b. The facilities meet the principal building setbacks.
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c. The facilities shall maintain a fifty (50) foot setback from residential
districts.
d. The facilities shall be screened from adjoining properties or public
rig hts-of-way.
e. The City may set limits on the hours of operation to avoid nuisance
issues.
9. Outdoor sales lots (not outdoor storage) provided that:
a. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with Section 3, Subd. 4.Q of this Ordinance.
b. Outside services and sales are associated with a principal building
of at least one thousand (1,000) square feet of floor area.
c. The entire sales lot and off-street parking area is paved.
d. For motor vehicle sales activities, a minimum of three hundred
eighty (380) square feet of sales area per vehicle is provided.
e. A perimeter curb is provided around the sales/parking lot.
f. All lighting shall be hooded and so directed that the Tight source is
not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Section 3, Subd. 4.F of
this Ordinance.
g.
Materials for sale shall be displayed in an orderly manner and shall
not constitute junk as defined by this Ordinance.
10. Planned unit development — commercial including shopping centers
regulated by Section 2, Subd. 10 of this Ordinance.
11. Private lodges and clubs provided that:
a. Adequate screening from abutting and adjoining residential uses
and landscaping is provided.
b. Adequate off-street parking and access is provided and that such
parking is adequately screened and landscaped from adjoining and
residential uses.
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c. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6. of this
Ordinance.
12. Restaurants with accessory outdoor dining facilities provided that:
a. The applicant submit a site plan and other pertinent information
demonstrating the location and type of all tables, refuse
receptacles, and wait stations.
b. Access to the dining area be provided only via the principal building
if the dining area is full service restaurant, including table waiting
service.
c. The size of the dining area is restricted to thirty (30) percent of the
total customer floor area within the principal structure.
d. The dining area is screened from view from adjacent residential
uses in accordance with Section 3, Subd. 4.Q of this Ordinance.
e. All lighting be hooded and directed away from adjacent residential
uses in accordance with Section 3, Subd. 4.F of this Ordinance.
f. The applicant demonstrates that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
following:
g.
1) Outdoor dining area shall be segregated from through
pedestrian circulation by means of temporary fencing,
bollards, ropes, plantings, or other methods, and shall be
subject to review and approval by the City Council.
2) Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five (5) feet
without interference from parked motor vehicles, bollards,
trees, tree gates, curbs, stairways, trash receptacles, street
lights, parking meters, or the like.
3) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or
pedestrian aisle shall have a minimum clearance of seven
(7) feet above sidewalk.
The dining area is surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other flooring material
that provides a clean, attractive, and functional surface.
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h. A minimum width of thirty-six (36) inches shall be provided within
aisles of the outdoor dining area.
i. Storage of furniture shall not be permitted outdoors between
November 1 and March 31. Outdoor furniture that is immovable or
permanently fixed or attached to the sidewalk shall not be subject to
the storage prohibition of this section. However, any immovable or
permanently fixed or attached furniture must be approved as part of
the administrative permit application.
Additional off-street parking shall be required pursuant to the
requirements set forth in Section 3, Subd. 5 of this Ordinance based
on the additional seating area provided by the outdoor dining area.
k. Refuse containers are provided for self-service outdoor dining
areas. Such containers shall be placed in a manner which does not
disrupt pedestrian circulation, and must be designed to prevent
spillage and blowing litter.
13. Small engine and boat repair provided that:
a. The lighting shall be accomplished in such a way as to have no
direct source of light visible from adjacent land in residential use or
from the public right-of-way and shall be in compliance with Section
3, Subd. 4.F of this Ordinance.
b. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 3, Subd. 4.Q of this Ordinance.
c. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 3, Subd. 5.
of this Ordinance and shall be subject to the approval of the City
Engineer.
d. Provisions are made to control and reduce noise.
e. No outside storage, repair or sales except in compliance with
Section 7, Subd. 3.G.6 or Section 7, Subd. 3.H.9 of this Ordinance
shall be allowed.
f. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare and public betterment can be served
as well or better by modifying the conditions.
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14. Veterinary clinics (with kennels) provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An animal kennel is permitted as a use accessory to the veterinary
clinic provided that:
1) The number of animals boarded shall not exceed twenty
(20).
2) An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non -porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of Section 500 of the City Code relating to the keeping of
animals are satisfactorily met.
e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
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I. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 14 of this Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the GB District and are governed by Section 2, Subd. 3. of
this Ordinance:
1. None.
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Subd. 4 Land formerly within a CB Central Business District is hereby zoned
GB General Business.
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SECTION 8. INDUSTRIAL DISTRICTS
Subd. 1. LI, Light Industrial District.
A. 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. No new land shall be zoned
LI, Light Industrial unless the site or area lies within the City's MUSA and sanitary
sewer and municipal water is available.
B. Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lot. One (1) acre.
b. Unsewered Lot. Ten (10) acres in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2. Minimum Lot Width. One hundred (100) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Principal Building - Local Street. Thirty (30) feet.
2) Principal Building - Collector or Arterial Street. Fifty (50)
feet.
3) Parking Lot. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Fifteen (15) feet.
2) Accessory Building. Ten (10) feet.
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3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot. Five (5) feet.
d. From Residential District. Seventy-five (75) feet.
e. Between Principal Buildings. Not less than one-half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the LI District shall be erected or
structurally altered to exceed forty-five (45) feet in height.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than eighty-five
(85) percent of the lot area resulting in less than fifteen (15) percent pervious
landscaped area.
E. Building Requirements. All newly constructed industrial buildings shall meet
the exterior building standards of Section 4, Subd. B.4 of this Ordinance.
F. Buffer. Where a side or rear lot line in an LI 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 forty (40) feet
in depth and shall contain landscaping, planting, berming or other effective
screening suitable to provide an effective screen.
G. Permitted Uses. In the LI District, no building or land shall hereafter be erected,
or structurally altered except for one or more of the following uses.
1. Bottling establishments to include beverages such as soft drinks, milk,
etc., but not including hazardous or toxic materials.
2. Building material sales.
3. Carpet and rug cleaning.
4. Shops and offices for contractors including plumbing, heating, glazing,
painting, paper hanging, roofing, ventilating, electrical, carpentry, welding,
landscaping, excavating, and general contracting, including contractor
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storage of equipment and building materials if enclosed within a building,
but not storage yards.
5. Feed and seed sales.
6. Greenhouses, nurseries.
7. Laundry, dry cleaning or dying plant.
8. Machine shops and metal products manufacturing when not equipped with
heavy (exceeding fifty (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.
9. Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious products, by-products, or wastes,
or creates other objectionable impact on the environment, including the
generation of large volumes of traffic. Examples of such uses are:
a. Fabrication or assembly of small products such as optical,
electronic, pharmaceutical, medical supplies, and equipment.
b. Printing and publishing.
10. Professional offices.
11. Radio and television stations.
12. Recreational business contained entirely within the principal building.
13. Mass transit terminals.
14. Warehousing and distribution facilities but not including truck freight
trucking terminal or mini self -storage facilities per Section 1, Subd. 2.B of
this Ordinance.
15. Wholesale businesses and offices.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the LI District:
1. Accessory buildings and structures as regulated by Section 3, Subd. 4.D.9
of this Ordinance.
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2. Fences as regulated by Section 3, Subd. 4.R of this Ordinance.
3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance.
4. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance.
5. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
6. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
Conditional Uses. Subject to applicable provisions of this Ordinance, the
following are conditional uses in the LI District: These uses require a conditional
use permit based on criteria and procedures outlined in Section 2, Subd. 2. of
this Ordinance.
1. Accessory, indoor retail, rental, or service activity other than that allowed
as a permitted use or conditional use within this section, provided that:
a. Such use is accessory and related to the permitted industrial use
allowed within the LI District.
b. Such use does not constitute more than thirty (30) percent of the
gross floor area of the principal building.
2. Automobile and truck repair provided that:
a. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot.
b. All building materials and construction including those of accessory
structures must be in conformance with Section 3, Subd. 4.D. of
this Ordinance.
c. Not less than twenty-five (25) percent of the lot, parcel or tract of
land shall remain as landscaped green area according to the
approved landscape plan.
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d. The entire area other than occupied by buildings or structures or
planting shall be surfaced with bituminous or concrete which will
control dust and drainage. The entire area shall have a perimeter
curb barrier, a storm water drainage system and is subject to the
approval of the City Engineer.
e. All buildings shall provide an interior location for trash handling or
an enclosed trash receptacle area in conformance with the
following:
1) Exterior wall treatment shall be similar and/or complement
the principal building.
2) The enclosed trash receptacle area shall be located in the
rear or in a side yard which is not abutting a street.
3) The trash enclosure must be in an accessible location for
pick up hauling vehicles.
4) The trash enclosure must be fully screened from view of
adjacent properties.
f. All painting must be conducted in an approved paint booth. All
paint booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulated matter so
that the use shall be in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulation APC 1-15, as
amended.
g.
The emission of odor by a use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulations APC, as amended.
h. All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota Uniform Fire Code.
i. All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
j. Off-street parking shall be in conformance with Section 3, Subd. 5.
of this Ordinance and a loading area or berth shall be provided in
conformance with Section 3, Subd. 6. of this Ordinance.
k. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a form request,
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finds that the general welfare and public betterment can be served
by modifying the conditions.
3. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas greater than forty-five (45) feet in height
and less than two hundred (200) feet in height as regulated by Section 3,
Subd. 15 of this Ordinance.
4. Motor fuel stations provided that:
a. Motor Fuel Facilities. Motor fuel facilities shall be installed in
accordance with State and City standards. Additionally, adequate
space shall be provided to access fuel pumps and allow
maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations which do not conflict with
circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
b. Architectural Standards.
1) As a part of the conditional use permit application, a color
illustration of all building elevations shall be submitted.
2) The architectural appearance, scale, and functional plan of
the building(s) and canopy shall be complementary and
compatible with each other and the existing buildings in the
neighborhood setting.
3) All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to Section 3, Subd. 4.B of this
Ordinance.
4) Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
5) Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, gray, tan, beige, brick red, soft green, soft blue, or
white.
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6) Ten (10) percent of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four (4) inches. The color bands shall
not be illuminated.
c. Canopy. A protective canopy structure may be located over the
pump island(s), as an accessory structure. The canopy shall meet
the following performance standards:
1) The edge of the canopy shall be thirty (30) feet or more from
the front and/or side lot line, provided that adequate visibility
both on -site and off -site is maintained.
2) The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance to accommodate
a semi -trailer truck passing underneath.
3) The canopy fascia shall not exceed three (3) feet in vertical
height.
4) Canopy lighting shall consist of canister spotlights recessed
into the canopy. No portion of the Tight source or fixture may
extend below the ceiling of the canopy. Total canopy
illumination may not exceed one hundred fifteen (115) foot
candles below the canopy at ground level
5) The architectural design, colors, and character of the canopy
shall be consistent with the principal building on the site.
6) Signage may be allowed on a detached canopy in lieu of wall
signage on the principal structure, provided that:
a) The individual canopy sign does not exceed more
than twenty (20) percent of the canopy facade facing
a public right-of-way.
7) Canopy posts/sign posts shall not obstruct traffic or the safe
operation of the gas pumps.
d. Pump Islands. Pump islands shall comply with the following
performance standards:
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1) Pump islands shall be elevated six (6) inches above the
traveled surface of the site.
2) All pump islands shall be set at least thirty (30) feet back
from any property line. Additionally, the setback between the
pump islands curb face must be at least twenty-four (24) feet.
e. Dust Control and Drainage. The entire site other than taken up by
a building, structure, or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick. Plans for surfacing and
drainage shall be subject to approval of the City Engineer.
Drainage from all fueling areas shall be directed to an oil/grit
separator. Minimum design standards for the oil/grit separator shall
include the following:
1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
2) A minimum pool depth of four (4) feet.
3) A minimum oil containment capacity of eight hundred (800)
gallons.
4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events. A measurable spill
shall be defined by the Minnesota Pollution Control Agency
(MPCA). Any measurable spill event must be reported to the
MPCA.
f. Landscaping.
1) At least twenty-five (25) percent of the lot, parcel or tract of
land used exclusively for the gas sales facility shall remain as
a grass plot, including trees, shrubbery, plantings or fencing
and shall be landscaped. Required minimum green area
should be emphasized in the front and side yards abutting
streets or residential property.
2) At the boundaries of the lot, the following landscape area
shall be required:
a) From side and rear property lines, an area of not less
than five (5) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
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g.
b) From all road rights -of -way, an area of not less than
fifteen (15) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
c) Where lots abut residentially zoned property, a buffer
yard of not less than twenty (20) feet wide shall be
landscaped and screened in accordance with Section
3, Subd. 4.Q of this Ordinance.
d) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
Exterior Lighting. The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right-of-way and shall be in
compliance with Section 3, Subd. 4.F of this Ordinance. A
comprehensive lighting plan shall be submitted as part of the
conditional use permit application, and shall be subject to the
following performance standards:
1) Canopy Lighting. Canopy lighting shall only be permitted
under the canopy structure, and consist of canister spotlights
recessed into the canopy. No portion of the Tight source or
fixture may extend below the ceiling of the canopy. Total
canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot candles at ground level.
2) Perimeter Lighting. Lighting at the periphery of the site and
building shall be directed downward, and individual lights
shall not exceed fifteen (15) foot candles at ground level.
3) Illumination. Maximum site illumination shall not exceed
four -tenths (.4) foot candle at ground level when measured at
any boundary line with an adjoining residential property or
any public property.
4) Access. Vehicular access points shall create a minimum of
conflict with through traffic movement and shall comply with
Section 3, Subd. 5 of this Ordinance.
h. Circulation and Loading. The site design must accommodate
adequate turning radius and vertical clearance for a semi -trailer
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truck. Designated loading areas must be exclusive of off-street
parking stalls and drive aisles. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering
templates.
i. Parking.
1) Parking spaces shall be calculated solely based upon the
use(s) and the square footage of the principal building(s).
2) Parking spaces shall be screened from abutting residential
properties in compliance with Section 3, Subd. 4.Q of this
Ordinance.
Noise. Public address system shall not be audible at any property
line. Play of music or advertisement from the public address
system is prohibited. Noise control shall be required as regulated in
Section 3, Subd. 4.J of this Ordinance.
k. Outside Storage, Sales and Service. No outside storage or sales
shall be allowed, except as follows:
1) Public phones may be located on site as long as they do not
interrupt on -site traffic circulation, and are not located in a
yard abutting residentially zoned property.
2) Propane sales of twenty (20) pound capacity tanks may be
located outside provided the propane tanks are secured in a
locker and meets all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable
building and fire code requirements.
3) A compressed air service area may be located on site as
long as it does not interrupt on -site traffic circulation.
4) Outside services, sales, and equipment rental accessory to
the principal use and limited in area to twenty-five (25)
percent of the gross floor area of the principal building.
I. Litter Control. The operation shall be responsible for litter control
on the subject property, which is to occur on a daily basis. Trash
receptacles shall be provided at a convenient location on site to
facilitate litter control.
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m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request finds that the general welfare and public
betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
5. Open and outdoor storage (not outdoor sales lots) as an accessory use
provided that:
a. The storage area is landscaped and screened from view of
neighboring uses, residential zoning districts, and public rights -of -
way per Section 3, Subd. 4.Q of this Ordinance.
Storage area is fenced in a manner approved by the City.
c. Storage area is blacktopped or concrete surfaced unless
specifically approved by the City Council.
d. All lighting shall be in compliance with Section 3, Subd. 4.F of this
Ordinance or other lighting standards in place at the time of project
approval.
e. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance and not in front yards.
f. The property shall not abut property zoned for residential, rural, or
business use, including land in a neighboring city. "Abutting"
includes across a street. "Abutting" does not include properties that
touch only corner to corner.
g. The property shall not abut I-35W or I-35E.
h. The storage area shall not abut a school or a public park.
i. The ratio of storage area to building footprint shall not exceed 3.5:1.
j. Storage shall not include material considered hazardous under
Federal or State Environmental Law.
6. Veterinary clinics (with kennels) provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
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b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
c. An animal kennel is permitted as a use accessory to the veterinary
clinic provided that:
1) The number of animals boarded shall be determined by the
City.
2) An enclosed exercise area shall be provided to
accommodate the periodic exercising of animals boarded at
the kennel.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of non-
porous materials or sealed concrete to make it non -porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The appropriate license is obtained from the City Clerk and the
conditions of Section 200 of the City Code relating to the keeping of
animals are satisfactorily met.
e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
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2. Telecommunication towers as regulated by Section 3, Subd. 15 of this
Ordinance.
3. Temporary mobile towers as regulated by Section 3, Subd. 15 of this
Ordinance.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the LI District and are governed by Section 2, Subd. 3 of this
Ordinance:
1. Open and outdoor storage as a principal use provided that:
a. A minimum setback of seventy-five (75) feet is provided along
abutting residentially zoned properties.
b. The setback shall include a buffer yard not less than twenty (20)
feet in width provided along residentially zoned properties in
compliance with Section 3, Subd. 4.Q of this Ordinance.
c. All storage is screened from view of neighboring uses and public
rights -of -way via a fence or green belt planting strip or combination
thereof in compliance with Section 3, Subd. 4.Q of this Ordinance.
d. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance.
e. All lighting be in compliance with Section 3, Subd. 4.F of this
Ordinance.
f. The storage area is fenced and secured in an appropriate manner.
g.
The storage area is surfaced in a wear -resistant material
determined by the City Engineer to be suitable to control dust and
drainage.
h. All parking, loading and truck staging activities shall occur on site.
On -street parking and loading associated with the use is prohibited.
i. Noises, emanating from the use are in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulations MPC 7030, as amended and City Code.
The use is terminated upon a specified date or the happening of an
event as determined by the City.
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Subd. 2. GI, General Industrial District.
A. Purpose. These are areas which, because of availability to thoroughfares,
suitable topography, and isolation, are appropriate for industrial uses of a more
intense nature and ones which may have certain nuisance characteristics. No
new land shall be zoned GI, General Industrial unless the site or area lies within
the City's MUSA and sanitary sewer and municipal water is available.
B. District, Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lot. One (1) acre.
b. Unsewered Lot. Ten (10) acres in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2. Minimum Lot Width. One hundred (100) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Principal Building - Local Street. Fifty (50) feet.
2) Principal Building - Collector or Arterial Street. Fifty (50)
feet.
Parking Lot. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Fifteen (15) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
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2) Accessory Building. Ten (10) feet.
3) Parking Lot. Ten (10) feet.
d. From Residential District. One hundred (100) feet.
e. Between Principal Buildings. Not Tess than one-half (1/2) the sum
of the building heights of the two (2) buildings.
C. Height Regulations. No building in the GI District shall be erected or
structurally altered to exceed forty-five (45) feet in height.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than eighty-five
(85) percent of the lot area resulting in less than fifteen (15) percent pervious
landscaped area.
E. Buffer. Where a side or rear lot line in a GI 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 forty (40) feet
in depth and shall contain landscaping, planting, berming or other effective
screening suitable to provide an effective visual screen.
F. Building Requirements. All newly constructed industrial buildings shall meet
the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance.
G. Permitted Uses. In the GI 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.
1. Bottling establishments to include beverages such as soft drinks, milk,
etc., but not including hazardous or toxic materials.
2. Building material sales.
3. Shops and offices for contractors including plumbing, heating, glazing,
painting, paper hanging, roofing, ventilating, electrical, carpentry, welding,
landscaping, excavating, and general contracting, including contractor
storage of equipment and building materials if enclosed within a building,
but not storage yards.
4. Feed and seed sales.
5. Greenhouses, nurseries.
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6. Laundry, dry cleaning or dying plant.
7. Machine shops and metal products manufacturing when not equipped with
heavy (exceeding fifty (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.
8. Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious products, by-products, or wastes,
or creates other objectionable impact on the environment, including the
generation of large volumes of traffic. Examples of such uses are:
a. Fabrication or assembly of small products such as optical,
electronic, pharmaceutical, medical supplies, and equipment.
b. Printing and publishing.
9. Professional offices.
10. Radio and television stations.
11. Mass transit terminals.
12. Warehousing and distribution facilities but not including truck freight
transfer stations or mini self -storage facilities per Section 1, Subd. 2.B of
this Ordinance.
13. Wholesale businesses and offices.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the GI District:
1. Accessory buildings and structures as regulated by Section 3, Subd. 4.D.9
of this Ordinance.
2. Fences as regulated by Section 3, Subd. 4.R of this Ordinance.
3. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance.
4. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance.
5. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
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receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
6. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
Conditional Uses. Subject to applicable provisions of this Ordinance, the
following are conditional uses in the GI District: These uses require a conditional
use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of
this Ordinance.
1. Accessory, indoor retail, rental, or service activity other than that allowed
as a permitted use or conditional use within this section, provided that:
a. Such use is accessory and related to the permitted industrial use
allowed within the LI District.
b. Such use does not constitute more than thirty (30) percent of the
gross floor area of the principal building.
2. Automobile and truck repair provided that:
a. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot.
b. All building materials and construction including those of accessory
structures must be in conformance with Section 3, Subd. 4.D. of
this Ordinance.
c. Not less than twenty-five (25) percent of the lot, parcel or tract of
land shall remain as landscaped green area according to the
approved landscape plan.
d. The entire area other than occupied by buildings or structures or
planting shall be surfaced with bituminous or concrete which will
control dust and drainage. The entire area shall have a perimeter
curb barrier, a storm water drainage system and is subject to the
approval of the City Engineer.
e. All buildings shall provide an interior location for trash handling or
an enclosed trash receptacle area in conformance with the
following:
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1) Exterior wall treatment shall be similar and/or complement
the principal building.
2) The enclosed trash receptacle area shall be located in the
rear or in a side yard which is not abutting a street.
3) The trash enclosure must be in an accessible location for
pick up hauling vehicles.
4) The trash enclosure must be fully screened from view of
adjacent properties.
f. All painting must be conducted in an approved paint booth. All
paint booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulated matter so
that the use shall be in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulation APC 1-15, as
amended.
g.
The emission of odor by a use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulations APC, as amended.
h. All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota Uniform Fire Code.
j.
All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair. The storage of damaged
vehicles, vehicles being repaired and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building.
Off-street parking shall be in conformance with Section 3, Subd. 5.
of this Ordinance and a loading area or berth shall be provided in
conformance with Section 3, Subd. 6. of this Ordinance.
k. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a form request,
finds that the general welfare and public betterment can be served
by modifying the conditions.
3. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas greater than forty-five (45) feet in height
and less than two hundred (200) feet in height as regulated by Section 3,
Subd. 15 of this Ordinance.
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4. Concrete product plants, building materials production and similar uses
provided that:
a. All applicable Minnesota Pollution Control Agency requirements are
satisfactorily met.
b. A drainage system subject to the approval of the City Engineer shall
be installed.
c. Storage areas are landscaped, fenced and screened from view of
neighboring uses, abutting residential zoning districts and public
rights -of -way in compliance with Section 3, Subd. 4.S of this
Ordinance.
d. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall be subject to approval of the
City Engineer.
e. Provisions shall be made to control and minimize noise, air and
water pollution.
f. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare or public betterment can be served as
well or better by modifying the conditions.
5. Crude oil, gasoline or other liquid storage tanks as an accessory use (not
including bulk propane at motor fuel stations for providing service to the
general public) provided that:
a. All applicable Minnesota Pollution Control Agency requirements are
satisfactorily met.
b. A drainage system subject to the approval of the City Engineer
shall be installed.
c. Storage areas are landscaped, fenced and screened from view of
neighboring uses, abutting residential zoning districts and public
rights -of -way in compliance with Section 3, Subd. 4.Q.
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d. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall be subject to approval of the
City Engineer.
e. All crude oil, gasoline or other liquid storage tanks shall be located
in the rear yard not less than twenty-five (25) feet from any property
boundary lines and setback one hundred fifty (150) feet from any
adjoining residential zoning district. No tanks shall be permitted in
the front yard or side yard abutting public rights -of -way.
f. Storage tanks shall be surrounded by twenty-five (25) feet of open
area. Storage of any kind is prohibited in said open area, except
equipment incidental to the storage tank. Approved parking must
be set back ten (10) feet from any storage tank.
g.
Storage tanks shall be set back from existing structures, as outlined
in the Fire Code, based on tank size.
h. Storage tanks shall not interfere with site circulation, including but
not limited to, parking, driveway, curb cuts and loading area.
i. A wire weave/chain link security fence shall be required around all
storage tanks. The location of said fence shall be as per the
Uniform Fire Code.
j. Storage sites shall be accessible by service and emergency
vehicles.
k. All filling values of the storage tanks shall be enclosed and have
locking devices.
A warning sign shall be required for every tank and shall be placed
in a conspicuous location, directly on the tank indicating a supplier's
name, address, phone number, that highly flammable and
dangerous material is stored therein, and that no smoking
requirements must be observed or a sufficient warning to that
effect. Said signage may not exceed four (4) square feet nor may it
be used for advertising purposes.
m. Provisions are made to control and minimize noise, air and water
pollution.
n. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
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finds that the general welfare or public betterment can be served as
well or better by modifying the conditions.
6. Manufacture of materials, including but not limited to, rubber, corrosive
acids, petroleum and chemical products, which pose potential health and
safety risks and which when produced give off potentially noxious odors
provided that:
a. All applicable Minnesota Pollution Control Agency requirements are
satisfactorily met.
b. A drainage system subject to the approval of the City Engineer
shall be installed.
c. Storage areas are landscaped, fenced and screened from view of
neighboring uses, abutting residential zoning districts and public
rights -of -way in compliance with Section 3, Subd. 4.Q.
d. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall be subject to approval of the
City Engineer.
e. Provisions are made to control and minimize noise, air and water
pollution.
f. Exterior liquid storage tanks shall comply with the standards of
Section 8, Subd. 2.1.5 of this Ordinance:
g.
All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare or public betterment can be served as
well or better by modifying the conditions.
7. Mini self -storage facilities provided that:
a. At least twenty-five (25) percent of the site is open green space
which is sodded and intensely landscaped in accordance with a
plan approved by the City Council.
b. No buildings shall be located closer than twenty-five (25) feet to
each other to allow for parking, loading, driveway and fire lanes.
c. No single building shall be greater than one hundred fifty (150) feet
in length.
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d. Adequate space is provided for snow storage.
e. All structures are to be within two hundred (200) feet of a fire
hydrant.
f. All storage buildings are to be equipped with an approved fire
suppression system which will be subject to review and approval of
the City Building Official and the Fire Department.
g.
Every two thousand (2,000) square feet of the storage structure is
to be separated by a fire wall and a complete and comprehensive
fire alarm system with smoke detectors shall be initiated in each
structure subject to the review and approval of the Fire Department.
h. All driveways and parking areas are to be hard (blacktop or
concrete) surfaced and adequate turning radius for fire truck
maneuverability is to be maintained throughout the site.
Designated snow storage space is to be provided to insure
adequate and safe access during winter months.
j•
If an "on -premises" caretaker dwelling unit is provided on site,
construction of said dwelling unit shall conform to all design
standard regulations for multiple family dwelling units of the
Minnesota State Building Code.
Any structures having exposure to an adjacent residential use or
public right-of-way, park, or similar public use areas shall be of
brick, natural stone, wood, or stucco facing material.
k. No retailing, wholesaling, manufacturing, repair, or other such
activity other than storage is to occur within the self storage, mini
warehousing facility.
8. Motor fuel stations provided that:
a. Motor Fuel Facilities. Motor fuel facilities shall be installed in
accordance with State and City standards. Additionally, adequate
space shall be provided to access fuel pumps and allow
maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations which do not conflict with
circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
b. Architectural Standards.
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1) As a part of the conditional use permit application, a color
illustration of all building elevations shall be submitted.
2) The architectural appearance, scale, and functional plan of
the building(s) and canopy shall be complementary and
compatible with each other and the existing buildings in the
neighborhood setting.
3) All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to Section 3, Subd. 4.B of this
Ordinance.
4) Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
5) Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, gray, tan, beige, brick red, soft green, soft blue, or
white.
6) Ten (10) percent of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four (4) inches. The color bands shall
not be illuminated.
c. Canopy. A protective canopy structure may be located over the
pump island(s), as an accessory structure. The canopy shall meet
the following performance standards:
1) The edge of the canopy shall be thirty (30) feet or more from
the front and/or side lot line, provided that adequate visibility
both on -site and off -site is maintained.
2) The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance to accommodate
a semi -trailer truck passing underneath.
3) The canopy fascia shall not exceed three (3) feet in vertical
height.
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4) Canopy lighting shall consist of canister spotlights recessed
into the canopy. No portion of the Tight source or fixture may
extend below the ceiling of the canopy. Total canopy
illumination may not exceed one hundred fifteen (115) foot
candles below the canopy at ground level.
5) The architectural design, colors, and character of the canopy
shall be consistent with the principal building on the site.
6) Signage may be allowed on a detached canopy in lieu of wall
signage on the principal structure, provided that:
a) The individual canopy sign does not exceed more
than twenty (20) percent of the canopy facade facing
a public right-of-way.
7) Canopy posts/sign posts shall not obstruct traffic or the safe
operation of the gas pumps.
d. Pump Islands. Pump islands shall comply with the following
performance standards:
1) Pump islands shall be elevated six (6) inches above the
traveled surface of the site.
2) All pump islands shall be set at least thirty (30) feet back
from any property line. Additionally, the setback between the
pump islands curb face must be at least twenty-four (24) feet.
e. Dust Control and Drainage. The entire site other than taken up by
a building, structure, or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick. Plans for surfacing and
drainage shall be subject to approval of the City Engineer.
Drainage from all fueling areas shall be directed to an oil/grit
separator. Minimum design standards for the oil/grit separator shall
include the following:
1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
2) A minimum pool depth of four (4) feet.
3) A minimum oil containment capacity of eight hundred (800)
gallons.
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4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events. A measurable spill
shall be defined by the Minnesota Pollution Control Agency
(MPCA). Any measurable spill event must be reported to the
MPCA.
f. Landscaping.
g.
1) At least twenty-five (25) percent of the lot, parcel or tract of
land used exclusively for the gas sales facility shall remain as
a grass plot, including trees, shrubbery, plantings or fencing
and shall be landscaped. Required minimum green area
should be emphasized in the front and side yards abutting
streets or residential property.
2) At the boundaries of the lot, the following landscape area
shall be required:
a) From side and rear property lines, an area of not less
than five (5) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
b) From all road rights -of -way, an area of not less than
fifteen (15) feet wide shall be landscaped in
compliance with Section 3, Subd. 4.Q of this
Ordinance.
c) Where Tots abut residentially zoned property, a buffer
yard of not less than twenty (20) feet wide shall be
landscaped and screened in accordance with Section
3, Subd. 4.Q of this Ordinance.
d) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
Exterior Lighting. The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right-of-way and shall be in
compliance with Section 3, Subd. 4.F of this Ordinance. A
comprehensive lighting plan shall be submitted as part of the
conditional use permit application, and shall be subject to the
following performance standards:
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1) Canopy Lighting. Canopy lighting shall only be permitted
under the canopy structure, and consist of canister spotlights
recessed into the canopy. No portion of the Tight source or
fixture may extend below the bottom face of the canopy.
Total canopy illumination below the canopy may not exceed
one hundred fifteen (115) foot candles at ground level.
2) Perimeter Lighting. Lighting at the periphery of the site and
building shall be directed downward, and individual lights
shall not exceed fifteen (15) foot candles at ground level.
3) Illumination. Maximum site illumination shall not exceed
four -tenths (.4) foot candle at ground level when measured at
any boundary line with an adjoining residential property or
any public property.
4) Access. Vehicular access points shall create a minimum of
conflict with through traffic movement and shall comply with
Section 3, Subd. 5 of this Ordinance.
h. Circulation and Loading. The site design must accommodate
adequate turning radius and vertical clearance for a semi -trailer
truck. Designated loading areas must be exclusive of off-street
parking stalls and drive aisles. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering
templates.
i. Parking.
1) Parking spaces shall be calculated solely based upon the
use(s) and the square footage of the principal building(s).
2) Parking spaces shall be screened from abutting residential
properties in compliance with Section 3, Subd. 4.Q of this
Ordinance.
Noise. Public address system shall not be audible at any property
line. Play of music or advertisement from the public address
system is prohibited. Noise control shall be required as regulated in
Section 3, Subd. 4.J of this Ordinance.
k. Outside Storage, Sales and Service. No outside storage or sales
shall be allowed, except as follows:
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1) Public phones may be located on site as long as they do not
interrupt on -site traffic circulation, and are not located in a
yard abutting residentially zoned property.
2) Propane sales of twenty (20) pound capacity tanks may be
located outside provided the propane tanks are secured in a
locker and meet all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable
building and fire code requirements.
3) A compressed air service area may be located on site as
long as it does not interrupt on -site traffic circulation.
4) Outside services, sales, and equipment rental accessory to
the principal use and limited in area to twenty-five (25)
percent of the gross floor area of the principal building.
Litter Control. The operation shall be responsible for litter control
on the subject property, which is to occur on a daily basis. Trash
receptacles shall be provided at a convenient location on site to
facilitate litter control.
m. Additional Stipulations. All conditions pertaining to a specific site
are subject to change when the Council, upon investigation in
relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
9. Open and outdoor storage (not outdoor sales lots) as an accessory use
provided that:
a. The storage area is landscaped and screened from view of
neighboring uses, residential zoning districts, and public rights -of -
way per Section 3, Subd. 4.Q of this Ordinance. The storage area
shall be screened one hundred (100) percent from residential
properties.
b. Storage area is fenced in a manner approved by the City.
c. Storage area is blacktopped or concrete surfaced unless
specifically approved by the City Council.
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d. All lighting shall be in compliance with Section 3, Subd. 4.F of this
Ordinance or other lighting standards in place at the time of project
approval.
e. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance and not in front yards.
f The property shall not abut property zoned for residential, rural, or
business use, including land in a neighboring city. "Abutting"
includes across a street. "Abutting" does not include properties that
touch only corner to corner.
g. The property shall not abut I-35W or I-35E.
h. The storage area shall not abut a school or a public park.
The ratio of storage area to building footprint shall not exceed 3.5:1.
j. Storage shall not include material considered hazardous under
Federal or State Environmental Law.
10. Refuse/garbage collection provided that:
a. No refuse or garbage shall be stored or in any way disposed of on
the site.
b. The storage of refuse or garbage in the front yard shall be
prohibited.
c. Vehicle parking and storage areas are screened from view of
neighboring uses, abutting residential zoning districts and public
rights -of -way in compliance with Section 3, Subd. 4.Q of this
Ordinance.
d. Vehicle parking/storage areas shall be hard surfaced with a
bituminous material with curb and gutter to control dust and shall be
screened from view of neighboring uses and public rights -of -way.
e. The site shall be maintained free of litter and any other undesirable
materials and will be cleaned of loose debris on a daily basis.
f. One (1) off-street parking space shall be provided for each
commercial vehicle operated by the business. Parking
requirements will otherwise be as mandated by the provisions of
Section 3, Subd. 5. of this Ordinance.
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g.
All in bound and out bound trucks and equipment, excluding
employees personal vehicles, shall be restricted to designated
routes established by the City, except for times when providing
collection service to customers within the City limits.
h. The hours of operation shall be limited as necessary to minimize
the effects of nuisance factors such as traffic, noise, and glare upon
any existing neighboring residential uses, or residential zoning
districts.
i. Provisions are made to control and minimize noise, air and water
pollution.
All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare or public betterment can be served as
well or better by modifying the conditions.
11. Trucking terminals provided that:
a. Vehicular access points shall be located along arterial streets and
shall be limited and designed and constructed to create a minimum
of conflict with through traffic movement.
b. A drainage system subject to the approval of the City Engineer
shall be installed.
c. Storage areas are landscaped, fenced and screened from view of
neighboring uses, abutting residential zoning districts and public
rights -of -way in compliance with Section 3, Subd. 4.Q.
d. Vehicular access points shall create a minimum of conflict with
through traffic movement and shall be subject to approval of the
City Engineer.
e. Provisions are made to control and minimize noise, air and water
pollution.
f. All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a formal request,
finds that the general welfare or public betterment can be served as
well or better by modifying the conditions.
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J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Telecommunication towers as regulated by Section 3, Subd. 15 of this
Ordinance.
3. Temporary mobile towers as regulated by Section 3, Subd. 15 of this
Ordinance.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the GI District:
1. None.
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SECTION 9. SPECIAL DISTRICTS
Subd. 1. PSP, Public and Semi -Public District.
A. Purpose. This district is designed and intended to aid in guiding development
towards fulfillment of the Comprehensive Plan and to serve the following
functions:
1. To provide the community with properly located schools, colleges, and
health institutions.
2. To provide the community with properly located public services, public
utilities, and public or private communication antennas.
3. To provide the community with properly located open green space, parks,
playgrounds and recreational facilities.
4. To relate public and semi-public locations with thoroughfare system.
Lot and Yard Requirements.
1. Minimum Lot Size.
a. Sewered Lot. One (1) acre.
b. Unsewered Lot. Ten (10) acres in accordance with applicable
provisions of Section 3, Subd. 2. of this Ordinance.
2. Minimum Lot Width. One hundred fifty (150) feet.
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Fifty (50) feet.
2) Collector or Arterial Street. Fifty (50) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot/Driveway. Ten (10) feet.
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c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Ten (10) feet.
3) Parking Lot/Driveway. Five (5) feet.
C. Height Regulations. No building in the PSP District shall be erected or
structurally altered to exceed forty-five (45) feet in height.
D. Impervious Surface Coverage. In no event shall off-street parking space,
structures of any type, buildings, or other features cover more than sixty-five (65)
percent of the lot area resulting in less than thirty-five (35) percent pervious
landscaped area.
E. Building Requirements. All newly constructed buildings in the PSP District
shall meet the applicable exterior building standards of Section 3, Subd. 4.B.4 of
this Ordinance.
F. Permitted Uses. In the PSP District, no building or land shall be used, and no
building shall be erected, converted or structurally altered unless otherwise
provided herein, except for one or more of the following uses.
1. All public buildings for county and state government.
2. All public buildings for municipal government, such as City Hall, water
works, sewage plant, police, fire, etc.
3. Cemeteries.
4. Clinics, rest homes, nursing homes.
5. Public parks and recreation facilities, golf courses.
G. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are permitted accessory uses in the PSP District:
1. Accessory buildings and structures as regulated by Section 3, Subd.
4.D.9. of this Ordinance.
2. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
3. Off-street parking as regulated by Section 3, Subd. 5. of this Ordinance.
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4. Off-street loading as regulated by Section 3, Subd. 6. of this Ordinance.
5. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave dispatching antennas, or those
necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
6. Signs, as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
7 Parks, playgrounds, or athletic fields accessory to an allowed principal
use.
H. Conditional Uses. The following conditional uses may be allowed in the PSP
District, subject to the provisions of Section 2, Subd. 2. of this Ordinance.
1.
All schools (public and private) provided that:
a. Side yards shall be double that
greater than thirty (30) feet.
b. Adequate screening from abutting
is provided in compliance with
Ordinance.
required for the district, but no
residential uses and landscaping
Section 3, Subd. 4.Q of this
c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6. of this
Ordinance.
e. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
2. Hospitals provided that:
a.
Side yards are double the minimum requirements established for
this district and are screened in compliance with Section 3, Subd.
4.Q of this Ordinance.
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b. Only the rear yard shall be used for play or recreational areas.
Said area shall be fenced and controlled in compliance with Section
3, Subd. 4.Q of this Ordinance.
c. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
e. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
I. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Telecommunication towers as regulated by Section 3, Subd. 15 of this
Ordinance.
3. Temporary mobile towers as regulated by Section 3, Subd. 15 of this
Ordinance.
J. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of
this Ordinance:
1. Farms, farmsteads and farming.
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Subd. 2. R-BR, Rural -Business Reserve District.
A. Purpose.
1. 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
snowplowing, 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. The R-BR District shall only be specifically applied to the following areas:
a. Rural residential properties located along 77th Street West.
b. Properties along I-35E north of the existing MUSA.
B. Rezoning (Trigger Mechanism). Land in the R-BR District shall be rezoned by
the City upon demonstration that all of the following applicable to a specific site
are true:
1. The land is within the City's MUSA and sanitary sewer service or municipal
water is available or MUSA reserve is available and utilities can be
extended to the site.
2. The proposed use is not premature according to the requirements of the
subdivision ordinance and/or site and building plan review.
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3. Rural residential properties along 77th Street West can be phased out
through redevelopment and land assembly efforts in cooperation with
property owners.
4. Along I-35E, rezoned land shall be adjacent to the existing business
district and shall extend from south to north in quarter mile increments.
From that point on, rezoning may be initiated whenever the corridor has an
inventory of land that is zoned business or industrial of no more than two
hundred (200) acres.
C. Impact on Adjoining Property. To protect the rural nature of the R-BR District,
no activity in the adjacent business zoning district shall result in the following:
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. Any other condition inconsistent with the reasonable use and enjoyment of
adjoining property and inconsistent with the health, safety, and general
welfare of the adjoining community.
D. Lot and Yard Requirements.
1. Minimum Lot Size. Ten (10) acres.
2. Minimum Lot Width. Three hundred thirty (330) feet.
3. Setbacks.
a. From Streets.
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard. Thirty (30) feet.
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c. Side Yard.
1) Interior. Ten (10) feet.
2) Corner. Thirty (30) feet.
E. Minimum Floor Area Requirements. The minimum outside dimension and
floor area for single family dwellings shall be as follows:
1. Rambler.
a. Three Bedroom. One thousand fifty (1,050) square feet.
b. Two Bedroom. Nine hundred eighty (980) square feet.
2. One and one-half Story. Nine hundred eighty (980) square feet.
3. Split Foyer (Foyer, Stairs). Nine hundred eighty (980) square feet.
4. Two Story. Eight hundred fifty (850) square feet.
F Height Regulations. No building in the R-BR District shall be erected or
structurally altered to exceed thirty (30) feet in height. These regulations shall
not apply to barns, silos, or other farm buildings.
G. Permitted Uses. In the R-BR District, no building or land shall be used or
divided, and no building shall be erected, converted or structurally altered unless
otherwise provided herein, except for one or more of the following uses.
1. Agriculture, gardening and sod farming.
2. Commercial greenhouses and nurseries.
3. Day care nurseries (fourteen (14) or fewer persons).
4. Golf courses and driving ranges.
5. Governmental and public regulated utility buildings and structures
necessary for the health, safety, and general welfare of the City.
6. Home occupations as provided for in Section 3, Subd. 10 of this
Ordinance.
7. Public parks.
8. Single family detached dwellings.
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9. State licensed residential care facility serving six (6) or fewer persons.
10. Stock raising, dairying, and stables in accordance with Section 503 of the
City Code.
11. Temporary stands for the sale of agricultural products produced on the
premises.
12. Transmission towers/radio, television and other similar towers up to forty-
five (45) feet in height.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are accessory uses in the R-BR District:
1. Accessory apartments as regulated by Section 3, Subdivision 10 of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic and farm supplies and non-commercial
recreational equipment, as regulated by Section 3, Subd. 4.D of this
Ordinance.
3. Fences as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance.
5. Operation, parking, or storage of such vehicles, equipment and machinery
which are incidental and customary to permitted or conditional uses
allowed in this district.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short -wave radio dispatching antennas, or
those necessary for the operation of electronic equipment including radio
receivers, ham radio transmitters and television receivers as regulated by
Section 3, Subd. 15 of this Ordinance.
7. Recreational vehicles and equipment per Section 3, Subd. 4.P of this
Ordinance.
8. Signs as regulated by the city sign ordinance, Ord. No. 12-97, as
amended, of the City Code.
9. Swimming pools, tennis courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the
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principal use and their guests, as regulated by Section 3, Subd. 4.D of this
Ordinance.
I. Conditional Uses. The following are conditional uses in the R-BR District:
1. Bicycle racing arenas, provided that:
a. The facility is provided adequate private on -site sewer and water
facilities of sufficient size to accommodate the occupancy capacity
of the arena.
b. Side yard setbacks shall not be less than fifty (50) feet.
c. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
d. Adequate off-street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
e. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 3, Subd. 6 of this Ordinance.
2. Cemeteries provided that:
a. At minimum, the site accesses on a "major collector" street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q
of this Ordinance.
3. Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas greater than forty-five (45) feet in height
and Tess than two hundred (200) feet in height as regulated by Section 3,
Subd. 15 of this Ordinance.
4. Commercial riding stables, horse boarding stables, horse arenas, dog
kennels, animal hospitals with overnight care and similar uses provided
that:
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a. The applicable provisions of Section 503 of the City Code relating to
the keeping of animals are determined to be satisfied.
5. Day care facilities (exceeding fourteen (14) persons) provided that:
a. Such day care facility has access to adequate private sewer and
water to protect the health and safety of all persons who occupy the
facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum
requirements of the Minnesota Department of Health and Human
Services regulations, as may be amended.
6. Public, Educational and Religious Buildings. Public or semi-public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and
senior high schools; and religious institutions such as churches, chapels,
temples, mosques and synagogues provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 3, Subd. 4.Q of this
Ordinance.
c. Adequate off-street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5 of this
Ordinance and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
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K. Interim Uses. Subject to applicable provisions of this Ordinance, the following
are interim uses in the R-BR District and are governed by Section 2, Subd. 3. of
this Ordinance:
1. Home extended businesses.
Lino Lakes Zoning Ordinance Special Districts
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Subd. 3. PUD, Planned Unit Development District.
A. Purpose. The purpose of the PUD, Planned Unit Development District is to
provide for the integration and coordination of land parcels, as well as the
combination or mixture of varying types of residential, commercial, and/or
industrial land uses.
B. Application. All permitted, permitted accessory or conditional uses contained
in all zoning districts identified in Sections 5 through 9 of this Ordinance shall be
directed as potentially permitted uses within the PUD District.
C. Procedure. Whether requested as a rezoning or initially established by City
action alone, a PUD, Planned Unit Development District shall be established and
governed subject to the amendment and procedure requirements as outlined in
Section 2, Subd. 1 of this Ordinance, plus the procedures, conditions, and
standards imposed by Section 2, Subd. 10 of this Ordinance.
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SECTION 10. ADOPTION
Passed by the Lino Lakes City Council this day of
2003.
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk