Lino Lakes City Zoning Code

GENERAL PROVISIONS

§ 1007.040 PURPOSE.

The purpose of this subchapter 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.

§ 1007.041 NON-CONFORMING USES AND STRUCTURES.

(1) 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.

(2) Provisions.

(a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

1. The nonconformity or occupancy is discontinued for a period of more than one year;

2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

(b) Nonconforming principal structures shall not be expanded, enlarged or altered in a way which increases their nonconformity, but may be expanded, enlarged or altered, if the expansion, enlargement or alteration fully conforms to existing dimension requirements of the zoning and other city ordinances and regulations. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, such reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety and welfare.

(c) All districts exception. Where a pre-existing principal or accessory structure, including expansion thereof, for which a lot line setback dimension has been made substandard by eminent domain or other formal public agency action, such structure shall be considered a legally conforming structure. All future additions to the structure or use shall meet the current required setback from the revised property or easement line.

(d) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the city from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by this chapter.

(e) A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.

(f) Notwithstanding division (a) above, the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas in compliance with Chapter 1103 of this title.

(g) Notwithstanding division (a), a nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements in compliance with Chapter 1102 of this title.

§ 1007.042 GENERAL PARCEL, LOT AND YARD PROVISIONS.

(1) Lot of record. Any lot of record existing at the effective date of this ordinance may be used for the construction of a structure if it conforms with the use regulations of the district in which it is located subject to the following conditions:

(a) The lot satisfies all other appropriate provisions of this chapter.

(b) The lot 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.

(c) Any substandard sewered lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be used for the construction of a structure conforming to the use regulations of this chapter, provided its area, width, and depth meet 70% of the minimum requirements of the zoning district and all required setbacks can be adhered to.

(d) Any substandard unsewered lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be used for the construction of a structure conforming to the use regulations of this chapter subject to the following conditions:

1. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this chapter.

2. 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 compliance with Minn. Rules 7080 and other applicable requirements.

3. All building and site improvements adhere to all required setbacks.

(2) Unsewered lots.

(a) Except as provided for in division (1)(d) above, division (2)(b) below, and § 1007.073, the minimum unsewered lot size within any zoning district is ten acres.

(b) A lot with a minimum area of one acre may be created subject to the following conditions:

1. A habitable single family home has been constructed prior to July 13, 1992.

2. The new lot that has a minimum area of one acre contains an existing habitable home;

3. The balance of the property meets the minimum lot size requirement of the zoning district in which the property lies;

4. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land, not including street right-of-way, electrical transmission line easements, or pipeline easements;

5. Both the one-acre-minimum lot and lots made from the remaining land shall meet all minimum lot, building, and setback requirements; and

6. It can be demonstrated that all unsewered lots 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 compliance with Minn. Rules 7080 and other applicable requirements.

(d) All development in areas without public sanitary sewer shall be designed such that the larger non-sewered lots can be subdivided 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 subdivisions.

(3) Buildable area.

(a) Within zoning districts with a minimum lot size requirement of less than ten acres, the required minimum lot area shall be contiguous buildable land, as defined by this chapter, and exclusive of utility transmission easements.

(b) Within zoning districts with a minimum lot size requirement of ten acres or more, a minimum of 20% of the minimum lot area must be contiguous buildable land, as defined by this chapter.

(4) Building placement and multiple structures.

(a) Street obstructions. All buildings shall be so located 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.

(b) Principal buildings. No more than one principal building shall be located on a lot except where approved by conditional use permit or planned unit development.

(c) Outlots. Outlots are deemed unbuildable and no building permit shall be issued for such properties, except that permits for fences may be issued.

(5) Yards and setbacks.

(a) Setbacks.

1. 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 chapter. If the existing setback, yard or other open space as existing is less than the minimum required, it shall not be further reduced.

2. Front lot line setbacks. Where principal buildings on adjoining lots existed at the time of adoption of this chapter have a lesser front lot line setback from that required, the required front lot line setback of a new structure shall not be less than the average front lot line setback of the adjoining buildings on each side lot and in no case shall be less than 20 feet.

3. Corner lots.

a. On corner lots, the narrowest lot line abutting a public street or street easement that meets minimum lot width requirements shall be the front lot line. If none of the boundaries abutting a public street or street easement meet minimum lot width requirements, the widest boundary abutting a street shall be the front lot line. The lot line opposite and most distant from the front lot line shall be the rear lot line. The lot line opposite the other public street or street easement shall be the side lot line. Setbacks from street right-of-way, rear lot line and side lot line shall then apply. These setbacks shall apply regardless of which street the building faces.

b. On corner lots, nothing shall be located or allowed to grow to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within 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 15 feet of any intersecting street right-of-way lines.

(b) Permitted yard encroachments. The following shall not be considered as encroachments on setback requirements subject to other conditions provided herein:

1. All yards.

a. Flag poles, sidewalks, wheelchair ramps, name plate signs, trees, shrubs, plants, yard lights, mailboxes, floodlights, or other sources of light illuminating authorized illuminated signs, or light standards for illuminating yards for safety and security reasons, provided the direct source of light complies with § 1007.046.

b. Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, and open fire escapes extending from the principal structure provided:

i. They do not encroach more than three feet into a required setback.

ii. They do not encroach into a public easement.

c. Uncovered porches, decks, balconies, stoops, patios, or similar features provided:

i. 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

ii. The setback shall be five feet from any side or rear lot line, and

iii. The setback shall be 20 feet from any lot line abutting a street, and

iv. The setback shall be one foot from any existing or proposed driveway, and

v. They do not encroach into a public easement.

d. In rear yards, the setback for laundry drying equipment, recreational equipment (non-vehicular), trellises, open arbors, and detached outdoor living rooms not exceeding 500 square feet shall be five feet from any side or rear lot line.

e. Air conditioning or heating equipment setbacks shall be five feet from any rear lot line and ten feet from any side lot line.

1. 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 § 1007.024.

2. Subdivision of two family or townhouse lots. The subdivision of base lots containing two family dwellings or townhouses 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:

a. Prior to a two family dwelling or a townhouse subdivision, the base lot must meet all the requirements of the zoning district.

b. There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on a unit lot created in a two family or townhouse subdivision will be the portion of the attached dwelling existing or constructed on the platted base lots.

c. Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements.

d. A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for their review and 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 shall be recorded with Anoka County as a deed restriction against the title of each unit lot.

e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer.

f. The subdivision is to be platted and recorded in compliance to requirements of Chapter 1001 of this title.

3. Subdivision of commercial and industrial lots. The subdivision of base lots into two 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 the city. A property management and maintenance agreement shall be required in compliance with § 1007.024 of this chapter.

(Am. Ord. 13-23, passed 9-11-2023)

§ 1007.043 GENERAL BUILDING AND USE PROVISIONS.

(1) 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 living quarter, temporarily or permanently, except as approved by the city in emergency cases.

(2) Building type and construction.

(a) Single family detached dwellings. All single family detached dwellings shall meet the following design criteria:

1. All dwellings, including an attached garage, shall have permanent concrete, treated wood foundation, or other foundation anchoring system approved by the Building Official.

2. All dwellings, including an attached garage, shall have a minimum width of 24 feet at its narrowest point. Width measurement shall not take into account overhangs or other projections beyond the principal exterior walls.

3. All dwellings shall have a garage that is a minimum of 20 feet in width and has a minimum footprint of 520 square feet.

4. All dwellings, including an attached garage, with a sloped roof shall have a minimum 12-inch roof overhang and enclosed soffit.

5. All dwellings, including an attached garage, with a sloped roof shall be covered with shingles or tiles or a standing seam metal roof.

6. All dwellings, including an attached garage, shall be built in compliance with the Minnesota State Building Code.

7. The exterior walls of all dwellings, including an attached garage, shall be similar in appearance to standard wood or masonry residential construction. Any metal siding on a dwelling, including an attached garage, shall have a vertical dimension no greater than 12 inches. Sheet metal siding shall not be permitted.

(b) Two family dwellings and townhouse design and construction standards.

1. Unit width. The minimum width of a two-family or townhouse dwelling unit shall be 24 feet. The minimum footprint per unit shall be established within the zoning district.

2. Unit construction.

a. Building elevations and floor plans shall be furnished illustrating exterior building materials and colors to demonstrate compliance with division (2)(b)2.d. below. Building floor plans shall identify the interior storage space within each unit.

b. Decks or porches. Provisions shall be made for possible decks, porches, or additions as part of the initial dwelling unit building plans.

c. Minimum overhang. All dwellings, including an attached garage, with a sloped roof shall have a minimum 12 inch roof overhang and enclosed soffit.

d. Exterior building finish. The exterior of townhouse dwelling units shall include a variation in building materials which are to be distributed throughout the building facades on all sides and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhouse dwelling structures shall comply with the following requirements:

i. A minimum of 25% of the combined area of all building walls shall have an exterior finish of brick, natural stone, or artificial stone.

ii. Except for brick, natural stone, or artificial stone, no single building wall shall have more than 75% of one type of exterior finish.

iii. For the purpose of this section, the area of the building walls shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

e. All dwellings, including an attached garage, with a sloped roof shall be covered with shingles or tiles or a standing seam metal roof.

3. 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.

4. Garages. Each dwelling unit shall have a garage that is a minimum of 20 feet in width and has a minimum footprint of 520 square feet.

5. Utilities.

a. Public utility service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.

b. Sewer connection. Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owners' association or owners.

6. Homeowners association. A homeowners association shall be established for all townhouses, multiple-family and townhouse 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 streets and other areas owned in common when there is more than one individual property owner having interest within the development.

(c) Multiple-family dwelling construction standards. All multiple-family dwellings shall comply with the following requirements:

1. The exterior walls shall include a variation in building materials distributed throughout the building and coordinated into the design of the structure to create an architecturally balanced appearance.

2. At least 33% of each exterior wall shall be composed of brick, natural stone, or artificial stone.

3. For the purposes of this section, the area of each exterior wall shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

4. Each exterior wall shall be articulated to add visual interest. Large blank exterior walls shall be prohibited. Variation in exterior walls can be accomplished with projections or recesses, material changes, or other methods of building articulation.

5. Distinct ground level(s). The ground level of any 3-story building and the first two stories of a building four stories or taller shall be visually distinct from the upper stories. This distinction shall be articulated by at least one of the following: an intermediate cornice line; an awning arcade or portico; a change in building materials, texture, or detailing; a change in window shape or treatment; or other elements which meet the objective.

6. Minimum overhang. All dwellings with a sloped roof shall have a minimum 12-inch roof overhang and enclosed soffit.

7. All sloped roofs shall be covered with shingles, tiles or a standing seam metal roof.

8. A minimum of one-half of the required parking spaces shall be in an underground parking area or in a parking area below the building.

(d) Commercial, industrial, and institutional. All buildings constructed on land within commercial, industrial, public and semi-public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following:

1. Definitions. For purpose of this section, the following definitions shall apply:

ARCHITECTURAL METAL CLADDING. Refers to decorative, metal cladding systems such as copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the primary wall system.

ARCHITECTURAL REVEALS. A groove or a step in a panel face generally used to create a desired architectural effect.

2. All exterior walls of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment.

3. Classes of primary materials. For the purpose of this section, primary materials shall be divided into class 1, class 2, and class 3 categories as follows:

Classes of Primary Materials
Class 1	Class 2	Class 3
Brick	Precast concrete panels with at least two architectural reveals per panel	Exterior Insulation and Finish Systems (EIFS)
Glass, or other glazing materials	Specialty concrete block including textured, burnished block or rock faced block	Fiber Cement Exterior Siding
Natural or cultured stone	Ceramic Tile (masonry, stone or clay),	Glass Block
Architecturally textured concrete precast or poured in place panels		Masonry Stucco
	Architectural metal cladding	Wood
Other materials not listed that are of equal quality to materials in a specific class may be approved for use by the Community Development Director.

4. Buildings shall incorporate classes of primary material in the following manner:

a. Commercial, public, educational and religious buildings. At least 50% of each exterior wall shall be composed of at least three class 1 materials. Class 3 materials shall not comprise more than 25% of each exterior wall.

b. Industrial and warehouse buildings, multi-tenant office/industrial/warehouse or showroom/warehouse or other combinations. At least 75% of each exterior wall shall be composed of at least two different class 1 or 2 materials. Class 3 materials shall not comprise more than 25% of each exterior wall.

c. To be counted as a primary material, the product must comprise at least 5% of the exterior wall.

5. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system, or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited.

6. Commercial, public, educational and religious buildings shall have a well-defined base, middle and top. The base should appear visually distinct from the middle and top part (cornice) of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band, an awning, or similar techniques. A cap shall include the area from the top floor to the roof of the building and shall include a cornice, roof overhang, and change of color or material to differentiate it from the middle section of the building. Flashing shall not be considered a cap.

7. Any wall facing a public right-of-way shall not have an uninterrupted length exceeding 100 feet without including at least two of the following: change in plane, change in texture or masonry pattern, two class 1 materials, windows in a manner that is impactful to the design, or an equivalent element that subdivides the wall into human scale proportions.

8. Buildings may be constructed of primarily one class 1 material if the design meets or exceeds the intent of this section.

9. A distinctively different color of brick may be considered as a second class 1 material. However, minor blended color variations shall not be considered as a separate material.

10. 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 various shades or tints of brown, black, gray, tan, beige, brick red, green, blue, or white.

11. The building walls may contain up to 10% contrasting colors. Contrasting colors shall be those colors not defined as earth tones.

12. All buildings with a sloped roof shall have a minimum 12-inch roof overhang and enclosed soffit.

13. All buildings with sloped roofs shall be covered with shingles or tiles or a standing seam metal roof.

14. All mechanical equipment, such as air handling units located anywhere on the property, including rooftop equipment, shall be screened from ground level view from adjacent streets, public rights of way, and adjacent properties.

15. Where a site abuts a residential property, the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property.

16. Building foundations not exceeding two feet need not comply with the requirements for the primary wall treatments or materials.

17. For the purposes of this section, the area of each exterior wall shall not include area devoted to garage doors, window trim, and flashing.

18. Replacement of non-conforming materials on existing buildings, or expansions of less than 50% of the floor area of an existing building may use the same or superior materials as existing.

(e) Quasi-public structures.

1. 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.

2. Public and quasi-public utility poles and underground services may be permitted within public right-of-way provided that:

a. A permanent identification tag or marking is affixed to each structure.

b. The city is notified as to the location and date of placement of the structure.

c. The city is notified of any change of structure ownership, removal or modification.

d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed.

(f) Completion of exterior improvements.

1. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of 12 units or less, or any structure accessory to a residential use shall be completed in accordance with city-approved construction plans within 180 days after the date the city issued the building permit.

2. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than 12 units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with city-approved construction plans within one year after the date the city issued the building permit.

3. In all cases, the compliance deadline shall be upheld unless:

a. The process for a temporary certificate of occupancy is completed as described in the city fee schedule, as amended, which would extend the completion date beyond those listed in divisions (2)(f)1. and 2. above; or

b. A written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project.

4. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in divisions (2)(f)1. and 2. above, the time period for the limits begins with the effective date of the amendment establishing the time limits.

(3) Height.

(a) Exceptions. The building height limits established herein for districts shall not apply to the following:

1. Farm structures.

2. Church spires not exceeding 60 feet in height.

3. Belfries not exceeding 60 feet in height.

4. Cupolas not exceeding 60 feet in height.

5. Chimneys and smokestacks.

6. Flag poles mounted on a building.

7. Non-commercial television and radio antennae, and satellite dishes.

8. Parapet walls extending not more than four feet above the limiting height of the building.

9. Elevator penthouses.

10. Cooling towers/water towers.

11. Lighting structures for public outdoor recreational fields not exceeding 80 feet in height.

12. Lighting structures for public hockey rinks not exceeding 60 feet in height.

(b) 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 by conditional use permit if the following conditions are met:

1. 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.

2. The site is capable of accommodating the increased structure size.

3. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

4. Public utilities and services are adequate.

5. For each additional story over the district limitation or for each additional ten feet above the maximum allowed per district, front and side yard setback requirements shall be increased by 10%.

6. 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.

7. The provisions of § 1007.016 are considered and satisfactorily met.

(c) Obstructions. In the case of any proposal to construct or alter a structure which will exceed a height of 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 100:1 from the nearest point of the nearest runway of a public airport, the applicant shall notify the Commissioner of the Minnesota Department of Transportation in writing of the plans at least 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.

(Am. Ord. 13-23, passed 9-11-2023; Am. Ord. 05-24, passed 5-28-2024)

Cross-reference:

City fee schedule, see § 218.01

§ 1007.044 ACCESSORY BUILDINGS, STRUCTURES AND USES.

(1) General provisions.

(a) No accessory building, structure, or use shall be constructed or located on a lot prior to the time of construction of the principal building to which it is accessory, except in the case of agricultural buildings on agriculture land as defined by M.S. § 273.13 and § 273.23, as amended.

(b) A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building.

(c) Unless otherwise allowed by this chapter, no detached accessory building, structure, or use shall be closer to the front lot line than the principal building or its attached garage except within the R and R-X zoning districts. The accessory building, use, or structure setback shall be at least 100 feet from the front lot line.

(d) Setbacks for accessory buildings, structures, and uses in all zoning districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings, structures and uses shall not interfere with the future subdivision of the property.

(e) Accessory buildings may, by permit, be located within public easements if the following conditions are met:

1. No permanent footings or foundation shall be located within the public easement.

2. The building, including any base material, must be designed to be easily moved.

3. The building shall not be located within the 100-year high water level of a waterbody or watercourse.

4. The drainage shall not be adversely affected by the building.

5. The building footprint shall not exceed 120 square feet.

6. The building shall not interfere in any way with any existing underground or over ground utility.

7. The city or any utility company having authority to use such public easements, shall not be liable for repair or replacement of such buildings or appurtenance in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement.

(f) In rural and residential districts, gazebos that are attached to the dwelling by a raised deck, porch, or patio shall not be counted towards the maximum area or number of accessory buildings allowed on a site, as long as the sides of the gazebo remain at least 50% open, though the open areas may be covered with screens.

(g) In rural and residential districts, accessory buildings and structures constructed primarily of canvas, plastic, fabric, vinyl or other similar non-permanent construction materials are prohibited unless otherwise permitted in this chapter.

(h) A building permit is not required for detached accessory buildings that do not exceed a footprint of 200 square feet. A zoning permit is required for such buildings and the buildings shall comply with all applicable regulations set forth in this chapter.

(2) Sport courts. In all rural and residential districts, the following standards shall apply to outdoor sport courts, whether temporary or permanent:

(a) A building permit shall be required for all private residential sport courts.

(b) An application for a building permit shall include a site plan showing the following along with all required information:

1. The size, shape, pavement and sub-pavement materials.

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.

(c) The sport court setback shall be tten feet from any side or rear lot line. Sport courts shall not be located in the front yard or the required side setback abutting a street.

(d) Sport courts shall not be located in a public easement.

(e) Solid sport court practice walls shall not exceed ten feet in height. A building permit shall be required. The practice wall setback shall be 30 feet from any lot line.

(f) Chain link fencing surrounding the sport court may extend up to 12 feet in height above the sport court surface elevation. The fence setback shall be ten feet from any side or rear lot line.

(g) Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. Lighting shall meet the requirements of § 1007.046.

(3) Carports.

(a) Carports shall comply with all regulations for accessory structures as set forth in this chapter and with the regulations set forth in this division (3).

(b) Carports shall be used for the parking of motor vehicles and shall not be used for the storage of household or personal items, lawn equipment, furniture, parts, and the like. The exception is that refuse containers and stacked firewood may also be kept under a carport (attached or detached) that is located in a side, rear, or equivalent yard.

(d) The eave line (or lowest sloped roof section if there is no eave) for a carport shall be at least seven feet in height, but shall not exceed ten feet in height. Carports with flat roofs shall be at least seven feet in height, but shall not exceed ten feet in height.

(4) 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 5,000 gallons and with a depth potential of 24 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 pool unit, 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 feet of any septic tank and 20 feet from drain field nor within six feet of any principal structure or frost footing. Pools shall not be located in the front yard, or within any accessory structure setback.

4. The filter unit, pump heating unit, and any noise-making mechanical equipment setback shall be 20 feet from any lot line.

5. Pools shall not be located in a public easement.

6. The necessary precautions shall be taken during the construction to:

a. Avoid damage, hazards or inconvenience to adjacent or nearby property.

b. Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property.

c. 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 property.

7. Lighting for the pool shall be directed toward the pool and not toward adjacent property.

8. A structure at least four 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 feet in height above finished grade fulfill this requirement.

9. 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.

10. All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections.

11. All swimming pools that require a building permit shall provide safeguards to prevent uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof. These safeguards shall be of sufficient density as to be impenetrable.

a. If fences are used, they shall be at least four feet in height. The bottoms of the fences shall not be more than four 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. Prior to filling the pool, the approved fence must be completely in place and inspected and approved by the City Building Official.

b. When an above-ground pool has vertical or outward inclined side walls that are at least four 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.

12. Required structure or safety fencing shall be completely installed within three weeks following the installation of the pool and before any water is allowed in the pool.

13. 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.

14. Drainage of pools directly into public streets or other public drainageways shall require written permission of the City Engineer.

(b) Multiple-family, commercial and public developments. For private swimming pools which are intended for use by the occupants and guests of a multiple-family dwelling, 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 division (4)(a) above of this section:

1. No part of the water surface of the swimming pool shall be less than 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 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 located between the pool area and adjacent lot lines.

4. All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least 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.

(5) Houseboats. Houseboats are considered accessory structures for purpose of applying this chapter and shall comply with the following standards:

(a) All houseboats which are to be docked or moored within the city limits for a period of six 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 street.

(b) Each houseboat shall have one off-street parking space within 400 feet of the access to the docking of such houseboat.

(c) No houseboat shall be used as a permanent residence and no utilities including sanitary sewer, water, electricity, and phone shall be extended to the houseboat.

(6) Ice fishing houses. Ice fishing houses stored on property during summer months shall be considered an accessory building. All ice fishing houses shall be licensed in compliance with State law.

(7) Docks and boat launches. Private docks and boat launches may be stored on riparian lots provided such structures lie upon the same lot as the principal building to which they serve.

(8) Roadside stands. Seasonal, temporary roadside stands for the sale of agricultural products shall be permitted if:

(a) They are located in a zoning district that allows for such use; and

(b) They are located on the lot the produce is grown; and

(d) Adequate parking space is provided off the street right-of-way and safe vehicular access and movements are assured.

(9) Animal shelters. Structures dedicated to the housing of animals are considered accessory structures for the purpose of applying this section and shall comply with the following standards:

(a) The keeping of animals is allowed in compliance with the provisions of Chapter 503 of this code.

(b) The animal shelters shall not count towards the maximum number and size of accessory buildings subject to the following conditions:

1. The total combined footprint of all animal shelters shall not exceed 64 square feet.

2. The maximum height shall not exceed 60 inches.

(10) Rural, residential and special zoning district accessory buildings. The following establishes accessory buildings requirements allowed on a property according to lot size and zoning district. For the purposes of this section, lot size for metes and bounds properties shall include roadway easements.

(a) One tool shed not to exceed a footprint of 120 square feet is allowed. The tool shed shall not count towards the total number of allowed accessory buildings, or the total allowed building footprint as regulated below. Tool sheds are not subject to material or roof requirements as regulated below.

(b) 20 acres or greater.

1. No maximum combination of accessory building(s) and garage(s) size requirement.

2. Metal buildings and pole barns are allowed.

3. Canopy structures made of fabric or vinyl are allowed.

4. Building height shall not exceed base district requirement.

5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.

1. The combination of accessory building(s) and garage(s) shall not exceed the greater of:

a. Ten thousand square feet, or

b. One point eighty five percent of the lot area, not to exceed 15,000 square feet.

2. Total allowable accessory building footprint shall be limited to the following:

a. One attached garage and

b. Three detached accessory buildings.

3. Metal buildings and pole barns are allowed.

4. Canopy structures made of fabric or vinyl are allowed.

5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.

6. Building height shall not exceed base district requirement.

(d) Five to less than ten acres.

1. The combination of accessory buildings and garages shall not exceed the greater of:

a. Five thousand square feet, or

b. Two point twenty-one percent of the lot area, not to exceed 10,000 square feet.

2. Total allowable accessory building footprint shall be limited to the following:

a. One attached garage and

b. Three detached accessory buildings.

3. Metal buildings and pole barns are allowed.

4. Canopy structures made of fabric or vinyl are allowed.

5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.

6. Building height shall not exceed base district requirement.

(e) Less than five acres.

1. The combination of accessory buildings and garages shall not exceed the greater of:

a. Twelve hundred square feet, or

b. Three and three quarters percent of the lot area, not to exceed 5,000 square feet.

2. Total allowable accessory building footprint shall be limited to the following:

a. One attached garage and one detached building, or

b. Two detached accessory buildings.

3. One attached garage not to exceed a footprint of 1,200 square feet or equal to 90% of

the size of the house foundation, whichever is greater.

4. Building height shall not exceed 20 feet.

5. Metal sheet or metal panel siding with vertical orientation is prohibited. Metal horizontal lap siding is allowed.

6. Exterior walls shall be similar in appearance to standard wood or masonry residential construction. The accessory building shall be covered with shingles, tiles, or a standing seam metal roof.

7. Canopy structures made of fabric or vinyl are allowed.

(11) Business and industrial zoning districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the business and industrial zoning districts:

(a) Except where approved by conditional use permit or planned unit development, one accessory building not exceeding a footprint of 400 square feet shall be allowed except when intended for storage of buses.

(b) Building height shall be limited to 12 feet maximum except when intended for storage of buses per § 1007.043(2)(b)2.

(d) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment in compliance with § 1007.043(2).

(e) Accessory buildings on commercial or industrial sites shall be limited to typical accessory storage uses. No additional commercial or industrial use shall be allowed within an accessory storage building.

(f)) Accessory buildings in compliance with this section shall not be subject to the site and building plan review requirements of § 1007.019(2).

(g) Accessory buildings shall not be located within a public easement.

(h) Building permits shall be required in compliance with the State Building Code.

§ 1007.045 REFUSE AND RECYCLING.

(1) Removal.

(a) Motor vehicles not currently licensed by the state, or that because of mechanical deficiency are incapable of movement under their own power, parked or stored outside for a period in excess of 30 days, shall be disposed of within 30 days of notification by the city.

(b) All materials stored outside in violation of city code provisions are considered refuse or junk and shall be disposed of within 30 days of notification by the city.

(2) Location and screening.

(a) Single family detached dwellings, two family dwellings, and all other residential buildings with four or less units. Garbage cans, waste containers and recycling bins shall be kept in a garage, an accessory building, or rear or side yards.

(b) Commercial, industrial, institutional, and residential buildings with more than four 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 building, within an accessory building, or within an enclosure. This section shall not apply to public parks.

2. Enclosures. Outdoor 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 enclosure shall be located in the rear or side yard and shall comply with all applicable accessory structure setback requirements and easements.

c. The enclosure shall be in an accessible location for pick up hauling vehicles.

d. The enclosure shall be fully screened by a fence or wall of at least six feet in height and has a minimum opaqueness of at least 80%.

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.

§ 1007.046 OUTDOOR LIGHTING.

(1) Purpose. It is the purpose of this section to encourage the use of lighting systems that will reduce light 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) Temporary outdoor lighting used during customary holiday seasons.

(b) 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 March 10, 2003 are exempt from regulations of this section but shall comply with the following requirements for glare: Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light 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 light 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 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 foot candles (meter reading) as measured from said property.

(b) New fixtures. Whenever a light fixture that was existing prior to March 10, 2003 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 light on a public street shall exceed one 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 property exceed four-tenths foot candles (meter reading) as measured at the lot line per the method outlined in division (5) below.

(5) Method of measuring light intensity. The foot candle level of a light source shall be taken after dark with the light meter held six 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 difference between the two readings will be identified as the light intensity.

(6) Performance standards.

(a) Rural, residential, public, and semi-public district standards. In all residential, rural 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 compliance with the following provisions:

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 chapter.

2. Bare light 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 and 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 property or from any public right-of-way. All lighting shall be installed in compliance with the following provisions:

1. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of 90 degrees or less.

2. 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 Zoning Administrator. In no case shall the light affect adjacent property in excess of the maximum intensity defined in division (4) above of this section.

3. The maximum height of the fixture and pole above the ground grade permitted for light sources is 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.

4. Location.

a. The outdoor light fixture setback shall be ten feet from a street right-of-way and five feet from an interior side or rear lot line.

b. No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by Zoning Administrator.

5. Hours.

a. The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one hour after closing, except for approved security lighting.

b. All illuminated on-premise signs for advertising purposes shall be turned off between 12:00 a.m. and sunrise except that said signs may be illuminated while the business facility on the premise is open for service.

6. 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 p.m., 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 division (6)(b) above of this section.

3. The provisions for an administrative use permit per § 1007.019 of this chapter 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 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).

§ 1007.047 ENVIRONMENTAL PROVISIONS.

(1) 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 7009, as amended.

(2) Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7009, as amended.

(3) 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 7009, as amended.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

(9) Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

§ 1007.048 OUTDOOR STORAGE.

(1) Rural and residential zoning districts.

(a) All personal property in a rural or residential zoning district shall be stored within a building except for the following items which are in use or useable and are in good condition:

1. Clothesline in side and rear yards only.

2. Non-vehicular recreational equipment in side and rear yards only.

3. Home heating fuel tanks.

4. Stacked firewood in side and rear yards only.

5. Construction and landscaping materials or equipment currently (within a period of 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 and storage of licensed passenger motor vehicles and motorcycles shall be limited to operable vehicles registered and licensed to the occupants of the dwelling unit and their guests only.

8. Off-street parking of licensed passenger motor vehicles in designated driveway or parking area, surfaced in compliance with § 1007.052(3)(h)16.

9. Licensed motor vehicles per § 1007.052(11).

10. Refuse and recyclable materials per § 1007.045.

11. Storage pods or roll-off dumpsters in compliance with the following:

a. No permit is required.

b. They shall be located in a driveway.

c. They shall not block a sidewalk or trail.

d. They shall be removed after 30 days.

12. Lawn, garden, and holiday ornamentation.

13. Outdoor furniture including grills and similar items.

(2) Business, industrial and special zoning districts.

(a) Outdoor storage. Outdoor storage shall be governed by the respective zoning district in which such use is located.

(b) Screening. All outdoor 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 compliance with zoning district requirements.

2. Materials and equipment currently being used for construction on the premises.

1. Semi-trailers backed up to a loading space or dock door shall be exempt from these requirements.

2. Semi-trailers connected to semi-tractors waiting to be loaded or unloaded shall be considered truck parking and shall be exempt from these requirements.

3. Within an industrial zoning district, the outdoor storage of semi-trailers accessory to the principal use may be allowed by conditional use permit according to §§ 1007.140 and 1007.141.

(3) All zoning districts.

(a) Except temporary construction trailers and facilities operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the city, no recreational vehicle may be used for habitation, 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 outdoor storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare.

§ 1007.049 SCREENING, LANDSCAPING, BUFFER YARDS AND TREE PRESERVATION.

(1) Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community.

(a) Definitions. For the purpose of the landscaping, screening and tree preservation standards, the following definitions shall apply:

BASIC USE AREA. The area necessary for construction of the site's allowed use in accordance with the following:

1. Commercial, industrial, and institutional uses include the area within the footprints of buildings and vehicular hardscape and within 20 feet around those improvements

2. Residential subdivisions include the area within the street right-of-way and that portion of a residential lot between the right-of-way and within 100 feet beyond and parallel to the street right-of-way.

3. Surface water management ponds are not part of the basic use area.

BIODIVERSITY. The variety, distribution and abundance of living organisms in an ecosystem.

DAMAGE. Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay.

DBH. Diameter at breast height, typically measured at four and one-half feet to six feet above the ground.

DETENTION AREA. Area of a detention pond from the normal water level and up the side slopes to ten feet offset from the high water level.

DISTURBANCE. Any construction, development, removals, earth movement, clearing or other similar activity.

DRIP LINE. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy.

ENVIRONMENTALLY SENSITIVE AREA (ESA). An area that contains native vegetation, natural features and/or natural resources. These include surface water (rivers, lakes, streams and ditches); shoreland and floodplain areas, especially riparian and wildlife corridors; wetlands, sensitive groundwater (wellhead) protection areas and sensitive geological features; state or federally listed (endangered, threatened or special concern) plant and animal species and their habitat; natural plant communities, including forests, woodlands and prairies, particularly those of high species diversity and other unique and sensitive features. ESA's are categorized as Natural Resource Conservation Areas and Natural Resource Enhancement Area.

FOUNDATION LANDSCAPE ZONE. An area located within fifteen feet of the building.

LARGE SHRUB. Large shrubs have a mature height over six feet.

LARGE TREE. Over story deciduous trees with a mature height of at least 40 feet.

MEDIUM SHRUB. Medium shrubs have a mature height of three to six feet.

MEDIUM TREE. Deciduous trees with a mature height over 18 feet and up to 39 feet.

NATURAL RESOURCE CONSERVATION AREA. An area within the Shoreland District of DNR Public Waters (lakes and creeks), 50 feet of a creek or public ditches, and areas within the Rice Creek Watershed District (RCWD) Wetland Management Corridor (WMC).

NATURAL RESOURCE ENHANCEMENT AREA. Includes wetland areas non-contiguous to the RCWD WMC extending outward from wetland boundary 75 feet for management class A (Preserve), 50 feet for management class B (Manage 1), 30 feet for management class C (Manage 2) and class D (Manage 3); areas located within the 100-year (1% chance) floodplain; and Woodland Preservations Areas.

REMOVAL. Actual removal or effective removal through actions resulting in the death of a tree.

ROOT PROTECTION ZONE. An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree DBH (e.g., a 20 inch diameter tree has a Root Protection Zone with a radius of 20 feet).

SCREEN. A barrier that hinders sight and, potentially, access.

SMALL SHRUB. Small shrubs have a mature height of less than three feet. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape standards.

SMALL TREE. Understory deciduous trees with a mature height of 18 feet and under.

UNDESIRABLE TREE. Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings.

VEHICULAR HARDSCAPE. Areas covered with hard surface intended for motor vehicles, including but not limited to off-street loading spaces, parking lots, driveway, drop-offs, and drive through facilities.

WETLAND MANAGEMENT CORRIDOR. A contiguous corridor encompassing high priority wetland resources established by the Rice Creek Watershed District.

WOODLAND PRESERVATION AREA. A remnant woodland ecosystem that is generally mapped in the City's Minnesota Land Cover Classification System, and although it may be degraded it generally meets the criteria for one of the following types of ecosystems as reasonably determined by the city: alder, aspen, black ash swamp, deciduous forest, floodplain forest, lowland forest, maple-basswood, mixed hardwood swamp, northern hardwood, oak forest, paper birch, saturated or seasonally flooded deciduous forest, seasonally flooded deciduous forest, tamarack swamp, upland deciduous forest or woodland and willow swamp.

(2) Landscaping standards. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping standards unless specifically excepted. The landscape standards have been divided into five categories: canopy cover, foundation landscape, open areas landscape, buffer and screen, and boulevard trees. Projects shall comply with the applicable requirements of all five categories.

(3) Canopy cover standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Canopy cover requirements do not apply to single-family residential development, multi-family residential development without surface parking other than individual unit driveways and permitted outdoor storage areas in Industrial Districts.

(a) The required minimum canopy coverage for all uses is 40%.

(b) The following equation shall be used to calculate required canopy coverage:

Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet)

The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape.

(c) The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations:

Table 1

Assigned Canopy Cover Value
Planting Location (for new trees)		Interior parking lot islands	Within less than 7 feet of vehicular hardscape edge	7 to 12 feet from vehicular hardscape edge
Assigned Canopy Coverage Value		100 percent of the canopy square footage	50% of the canopy square footage	25% of the canopy square footage
Square feet (SF) of canopy coverage assigned to each deciduous tree	Large Tree	950 SF (or 1200 SF in islands of 3 or more trees)	600 SF	300 SF
	Medium Tree	500 SF	250 SF	125 SF
	Small Tree	250 SF	125 SF	NA
	Existing Tree: 6 - 12" DBH	1900 SF	950 SF	NA
	Existing Tree: 12+” DBH	2850 SF	1425 SF	NA

(d) Existing trees may be used to fulfill canopy coverage, as described in division (9) below of this section, when the drip line has proximity to the edge of the hardscape; therefore, existing trees do not need to be within less than seven feet of the vehicular hardscape edge.

(4) Foundation landscape standards. The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. Foundation landscaping standards do not apply to single family residential development.

(a) The foundation landscape planting standards are described in the following table:

Table 2

Foundation Landscape Standards
	Per 100 linear feet (LF) of Building*
Location	Trees and Shrubs
Front and Public/Private Street	2 large	6 large

(b) Rounded to the nearest tenth, with a minimum factor of one.

(d) The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The city may allow flexible planting locations where service areas or other constraints make the standards difficult to meet.

(e) Existing trees may be used to fulfill the foundation landscape standards as described in division (9) below of this section.

(f) Smaller landscape materials may be substituted at the following rates:

1 Large Tree = 1.5 Medium or 2 Small Trees

1 Large Shrub = 1.5 Medium or 3 Small Shrubs

(g) One large tree may be substituted for every two large shrubs in lieu of the shrub requirement at the discretion of the city.

(h) The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge.

(i) Trees planted within 30 feet of the building shall be considered within the foundation landscape zone.

(5) Open areas landscape standards. The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint and include cul-de-sac islands, boulevard medians, storm water management areas, and common areas in multifamily sites that are not for recreation facilities. Open area landscaping standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards.

(a) The open areas planting standards are described in the following table:

Table 3

Open Areas Landscape Standards
Per 2500 SF*	Trees and Shrubs
	1 large	2 large
*Rounded to the nearest tenth, with a minimum factor of one.

(b) Round all calculations to the nearest whole number of plants.

(c) Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The city may require specific tree species in locations where water levels vary.

(d) Existing trees may be used to fulfill open areas landscape standards as described in division (9) below of this section.

(e) Smaller landscape materials may be substituted at the following rates:

1 Large Tree = 1.5 Medium or 2 Small Trees

2 Large Shrub = 1.5 Medium or 3 Small Shrubs

(f) One large tree may be substituted for every two large shrubs in lieu of the shrub requirement at the discretion of the city.

(g) Areas that are included in a project-specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards.

(6) Buffer and screen standards. The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. The location of buffers and screens are listed below, while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards:

(a) Required screen location, height, and materials are described in the following table:

Table 4

Landscape Screen Location, Height and Materials
Location	Required Screen Height	Required Screen Materials
Between a parking lot and public right of way or sidewalk where parking projects toward the public right-of-way or sidewalk	30 inches	• Planting screen in compliance with paragraph (f)2. Or • A combination of berm and screen in compliance with division (6)(b) below.
Between residential uses and arterial or collector street	6 feet	• Planting screen in compliance with (6)(b). Or • Wall or fence and plantings shall provide shrub cover for 50% of the wall or fence on the exterior side. Or • A combination of berm and screen in compliance with division (6)(b).
Between any development and adjacent, less intense, residential land uses (this includes across a street from residential), but not on the side of a use considered to be the front (as determined by the Zoning Administrator)
Between loading/service area and public view
Outdoor Storage Yards	10 feet	• A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected lot line adjoins another industrial property.

(b) All planting screens shall require at a minimum a double row of plants with triangulated spacing (See illustration). Planting plans shall include species which are sized to appropriately screen visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of three feet on center; medium shrubs shall be planted at a maximum interval of four feet on center; and large shrubs shall be planted at a maximum interval of six feet on center unless; otherwise authorized by the city.

(d) In addition to the shrub cover required in the table above, all screens shall be planted with large trees every 50 LF, medium trees every 35 LF, small trees every 25 LF, or some combination thereof, along the length of the screen.

(e) Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the city. Existing screens may be enhanced with new plantings to comply with the requirements.

(f) Berms shall be irrigated, have maximum side slopes of 3:1, and have no less than four inches of topsoil.

(g) Permanent walls and fences shall be offset by a minimum of two feet at intervals of 75 feet maximum length for stability and visual relief (See illustration).

(h) Approved permanent wall/fence materials shall include wood, metal, masonry, concrete stone, or other prefabricated and/or sustainable materials. Non-decorative concrete block is prohibited for screening walls. Rock face block or other decorative material is required for masonry walls. Chain link fences with slats are prohibited for screening walls.

(i) Maintenance of the required buffer strip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners association.

(7) Boulevard tree standards.

(a) Boulevard trees shall be required in all new residential subdivisions.

(b) Boulevard trees are required at the rate of one tree per lot frontage for single family and two-family lots. Townhome and multi-family properties shall provide boulevard trees at a rate of one tree per 70 linear feet of street frontage where property fronts any public street.

(d) Existing trees may be used to fulfill boulevard tree standards at the city's discretion.

(e) The city may, at its discretion, purchase and install the required boulevard trees. In such case, the city shall collect a standard fee per tree. Said fee shall be established by the City Council and based on the estimated market rate cost to purchase and install trees within the development site.

(8) Sod and ground cover. All areas not otherwise improved in compliance with the approved site plans shall have a minimum depth of four inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows:

(a) Seed may be provided in lieu of sod in any of the following cases:

1. Where the seed is applied to future expansion areas as shown on the approved plans, or

2. Where the seed is applied adjacent to natural areas or wetlands. Seed mixture shall be approved by the city, or

3. For single family and two family residential properties, proper erosion control measures shall be implemented and maintained until vegetation is established. Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer.

(b) Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.

(c) Areas designated as open space or future expansion areas properly planted and maintained with native grasses or wild flowers indigenous to Minnesota. Seed mixture shall be approved by the city.

(d) Use of mulch materials such as bark, wood chips, and decorative rock in support of shrubs and foundation plantings.

(e) Native landscapes in compliance with M.S. § 412.925.

(9) General landscaping standards.

(a) All lot areas not used for off-street parking, off-street loading, sidewalks, driveways, building sites, or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation, or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in division (15) below of this section.

(b) Commercial, industrial, public/semi-public, institutional, and multi-family residential uses shall be required to submit a site landscape plan, in compliance with § 1007.020, Site and Building Plan Review, of this chapter, for approval by the city prior to issuance of a building permit.

(c) Desirable existing trees may be used to fulfill canopy cover, foundation landscape, and open areas landscape standards if applicable by placement. Desirable existing trees are valued according to the following table:

Table 5

Existing Tree Value
Tree Size	deciduous trees under 6 inches DBH or evergreen trees under 12 feet tall	deciduous trees between 6 to 12 inches DBH or evergreen trees between 12 to 20 feet tall	deciduous trees over 12 inches DBH or evergreen trees over 20 feet tall.
Tree Value	1 large tree	2 large trees	large trees

(d) Plantings may be grouped if part of an approved landscape plan.

(e) Standards may be met with different sizes of trees and shrubs.

(f) New trees may fulfill canopy coverage, foundation landscape, landscape screen, and open space standards simultaneously if applicable by location.

(g) An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the root protection zone area is disturbed during the construction process.

(h) The city may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production, or other innovative measures proposed for the site.

(i) The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the Police Department.

(j) Trees and shrubs shall not be planted in the right-of-way without city authorization and shall not be planted in easements without authorization from the holder of the easement.

(k) Turf slopes in excess of three to one (3:1) are prohibited.

(l) Commercial, industrial, multi-family, public/semi-public, and institutional uses shall install irrigation systems to ensure survivability of landscape materials.

(10) Tree preservation and mitigation standards. The purpose of these standards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources, and to replace removed trees in areas where tree cover is most critical. Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval.

(a) Tree preservation and mitigation standards are described in the following table:

Table 6

Tree Preservation and Mitigation Standards
Environmentally Sensitive Area (ESA) Category	Tree Location: within Basic Use Area	Tree Location: not within Basic Use Area
Environmentally Sensitive Area (ESA) Category	deciduous trees 6 inches DBH and over or evergreen trees between 12 to 20 feet tall	deciduous trees 6-12 inches DBH or evergreen trees between 12 and 20 feet tall	deciduous trees over 12 inches DBH or evergreen trees over 20 feet tall
Non-ESA	no mitigation required	provide one tree per tree removed	provide two trees per tree removed
Natural Resource Enhancement Area	provide one tree per four trees removed	provide two trees per tree removed	provide three trees per tree removed
Natural Resource Conservation Area	provide one tree per two trees removed	provide two trees per tree removed	provide three trees per tree removed

(b) Trees used for mitigation may also fulfill the open areas landscape standards at the discretion of the city.

(d) Undesirable trees are not subject to the tree preservation and mitigation standards.

(e) Areas where trees are being removed for ecological restoration in accordance with a city approved restoration plan are not subject to the tree preservation and mitigation.

(f) On existing lots with existing buildings where no building or development activity that requires a permit or approval from the city is occurring, the removal of trees is not subject to tree preservation and mitigation standards.

(g) Replacement trees shall be planted on site.

(h) The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the city's discretion, the city may accept the fee for planting trees within the general area of the development project. The city shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees.

(11) Landscaping guidelines and technical specifications. The selection, installation, and maintenance of all planting materials shall be in compliance with the City's Landscaping Guidelines and Technical Specifications Manual.

(12) Tree survey.

(a) A tree survey is required for all property that contains a significant tree.

(b) The tree survey shall be the basis for the tree preservation plan, tree mitigation standards, and the use of existing trees to fulfill landscape standards.

1. In the basic use area and other areas where tree removal is proposed, for all significant trees:

a. Tree species

b. Size

c. Location

d. Root protection zone

e. Tree condition

2. The location of the combined root protection zones of all tree stands designated for preservation on the development property.

3. On adjacent properties, the root protection zone of significant tree where the root protection zone is within five feet of the development property.

(d) For a new plat or new planned unit development, the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet.

(e) For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information.

(f) At the city's discretion, the tree survey requirement may be waived under the following circumstances:

1. Significant trees will not be removed and are not likely to be impacted by construction.

2. Significant trees will only be removed within the basic use area and the basic use area is not an ESA.

(13) Tree preservation plan.

(a) A tree preservation plan shall be required for all soil disturbance activities where tree preservation and mitigation standards apply. A tree preservation plan shows how the tree preservation and mitigation standards will be met and how preserved trees will be protected during construction and other potentially harmful activities.

(b) The tree preservation plan shall be based on the tree survey.

(c) If a tree survey shows that no significant trees are on the development property or adjacent properties are near the construction area, the city may waive the tree preservation plan requirement.

(d) A tree preservation plan shall identify:

1. The basic use area and environmentally sensitive areas.

2. The disturbance area.

3. Tree size (DBH), species, condition, location, and root protection zone for all significant trees to be preserved, or;

4. The combined root protection zone of all stands of trees designated for preservation, whichever is applicable.

5. Location and type of tree protection fence.

6. Staging areas.

7. Temporary construction access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation.

a. Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester.

b. Temporary access roads shall not exceed 25 feet in width and shall be delineated by snow fencing or safety fencing.

c. An eight-inch deep cover of wood chip mulch shall be placed over the temporary access route to cushion the root protection zones from compaction.

9. Existing and proposed grading.

10. The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees.

11. The plan shall be coordinated with utility planning so that utilities are installed in a manner that protects trees intended to be saved.

(e) Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The city may inspect the trees to verify compliance with the preservation plan at any time during construction.

(f) If a natural resource management plan has been approved for the site, the tree preservation plan shall be in compliance with said plan.

(g) The following shall occur prior to soil disturbance:

1. The tree preservation plan shall be approved by the city.

2. Fencing and all tree protection measures shall be installed and inspected by the city.

3. Erosion control measures shall be installed and inspected by the city.

4. All required financial securities have been submitted.

5. Any required development agreement has been approved.

(14) Tree preservation during construction. Trees that are to be preserved must be protected by the following methods unless otherwise approved by the city.

(a) Before land clearing, grading, or construction begins, the city approved tree protection fencing or other method shall be installed and maintained around the root protection zone of the trees to be protected. Fencing shall be a minimum of four feet high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the root protection zone.

(b) Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge.

(c) No actions that may harm the health of the tree; including but not limited to construction, traffic, compaction, storage of equipment or materials including soil, grading, or concrete washout areas; may occur in the root protection zone.

(d) Trees damaged by construction, or with more than 30% of the roots disturbed, shall be counted as removed and mitigated at applicable rates.

(e) Tree protection measures shall remain in place until all grading and construction activity is terminated.

(15) Final inspection. Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the city that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the city. However, the city may issue a certificate of occupancy prior to completion of landscaping in the following situations:

(a) If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by June 15 the following spring.

(b) A certificate of occupancy may be issued by the city on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified.

(16) Non-compliance. If the city finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non-compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed 60 calendar days.

(17) Performance security. The city may require performance security to ensure compliance with the requirements of this chapter.

(a) The performance security shall extend for two years from the date of planting. The form of the security (cash, letter of credit, or other form) shall be determined by the city.

(b) If after notification of non-compliance the property owner or, if applicable, the homeowners association, fails to achieve the compliance within 60 calendar days, the city may exercise its authority to use the performance security to address compliance.

(Am. Ord. 13-23, passed 9-11-2023)

Cross-reference:

City fee schedule, see § 218.01

§ 1007.050 FENCES AND RETAINING WALLS.

Fences and retaining walls shall be permitted in all required yards subject to the following conditions:

(1) Permit required. It is unlawful for any person to construct a fence or retaining wall without first making an application for and securing a permit.

(2) Certificate of survey. An application for a fence or retaining wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions; the location of existing buildings, structures, and easements on the lot; and the location of the proposed fence or retaining wall. At the discretion of the city, a final plat detail or aerial map 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 retaining walls shall be located on the property being fenced or walled.

(a) No fence or retaining wall shall be located on public right-of-way.

(b) Traffic visibility requirements set forth in City Code Section 1007.042(5)(a)3. shall be satisfactorily met.

(d) Fences or retaining walls may, by permit, be located within public easements if the following conditions are met:

1 The fence or retaining wall shall not be located within the 100-year high water level of a waterbody or watercourse, and

2. The drainage shall not be adversely affected by the fence or retaining wall, and

3. The fence or retaining wall shall not interfere in any way with any existing underground or over ground utility.

4. The city or any utility company having authority to use such public easements, shall not be liable for repair or replacement of such fence, retaining wall or appurtenance in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement.

(4) Construction and maintenance.

(a) Every fence or retaining wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence or retaining wall is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or retaining wall is located and shall not cause blight or a negative impact. Chain link fences shall not include slats or fabric except for use on public recreational facilities or private sport courts.

(b) Every fence or retaining wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence or retaining wall which is or has become dangerous to the public safety, health, or welfare is a public nuisance, and the cty shall commence proper proceedings for the abatement thereof.

(c) All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or retaining wall considered to be the face shall be oriented toward abutting property.

(d) Fences which are 90% open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of agriculture or containing farm animals within a rural zoning district are not subject to the provisions of this chapter but require a zoning permit prior to construction. Chain link fences shall have round steel parts and braces.

(e) Retaining walls (such as masonry construction) greater than 48 inches in height, including buried portions, shall require a building permit. When utilized, tiered retaining walls shall be separated by a horizontal landing at least three feet in width.

(5) Access. All fences shall have a gate which allows reasonable and convenient access for public safety.

(6) Rural and residential district fences.

(a) A fence not exceeding four feet in height may be located in any yard.

(b) Except as prohibited by division (c) below, a fence not exceeding six feet in height may be located from a line extended from the front wall of the principal building to the side lot lines, and then along the side lot lines and the rear lot line (see Diagram 1).

Diagram 1

(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 lot line setback of the abutting lot shall not be fenced or walled to a height of more than four feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this chapter rather than as related to the orientation of the house (see Diagram 2).

Diagram 2

(d) Rural and residential fences height exceptions.

1. A fence for a sport court not exceeding 12 feet in height may be located at least ten feet from side and rear lot lines.

2. Residential and rural boundary line fences not exceeding eight feet in height may be located along a lot line abutting a commercial, industrial, or semi-public use zoning district.

(e) Wire fence other than chain link shall not be permitted as boundary line fences within five feet of the lot line in residential zoning districts.

(f) Electrical and barb wire fences shall not be permitted in residential zoning districts.

(7) Business and Industrial District Fences. (See Diagram 3)

Diagram 3

(a) A fence not exceeding four feet in height may be located in any yard.

(b) A fence not exceeding eight feet in height may be located 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 feet in height may be located on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front wall of a principal building would intersect with a side lot line extending to the rear lot 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 lot line setback of the abutting lot shall not be fenced to a height of more than four feet.

(e) Within commercial and industrial zoning districts, barbed wire may be attached to the tops of fences subject to the following conditions:

1. Fences shall be a minimum of eight feet in height exclusive of the security arm.

2. The security arm shall be angled in such a manner that it extends only over the property of the permit holder.

3. Wire security fencing shall not be located within the front yard or along a lot line abutting a residential use.

(8) Public and semi-public district fences.

(a) A fence not exceeding eight feet in height may be located in any yard.

(b) Barbed wire fences used for security purposes may be permitted per division (7)(e) above.

(Am. Ord. 13-23, passed 9-11-2023)

§ 1007.051 SUBMISSION OF PERMIT AND SITE PLAN.

Any person desiring to develop or improve property shall submit to the Community Development Department a permit and site plan, or certificate of survey in compliance with § 1007.020(2)(b) as determined by the Zoning Administrator, and any other information which may be necessary to ensure compliance with city ordinances.

§ 1007.052 OFF-STREET PARKING.

(1) Purpose. The purpose of this section is to establish minimum requirements for off-street parking of motor vehicles in order to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public.

(2) Application of off-street parking regulations. These regulations and requirements shall apply to all off-street parking areas in all of the zoning districts of the city.

(3) General provisions.

(a) Space reduction. Existing off-street parking spaces upon the effective date of this chapter shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use.

(b) 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 compliance with § 1007.041 of this chapter, except that in so doing, any off-street parking or loading which existed must be retained.

(c) Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings including additions requiring more off-street parking areas shall not be permitted until there is furnished such additional off-street parking spaces as required by these zoning regulations.

(d) Use of off-street parking area. Required off-street parking areas in any district shall not be utilized for outdoor storage of goods or for the storage of motor vehicles which are inoperable or for sale or for rent.

(e) Accessible off-street parking. All off-street parking associated with any building, structure or use shall be required to conform to the disability accessible parking standards pursuant to M.S. § 169.346, as may be amended.

(f) Use of off-street parking areas in a residential district. Except as allowed under division (11) below of this section, off-street parking areas accessory to a residential use shall be utilized solely for the parking of passenger motor vehicles, recreational vehicles, and/or one truck not to exceed 12,000 pounds gross weight rating for each dwelling.

(g) Calculating space.

1. 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 10%, 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).

2. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

3. In gymnasiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

4. Except as provided for under joint parking and shopping centers, should a building or structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.

5. In hospitals, bassinets shall not be counted as beds.

(h) Parking space, aisle and driveway design.

1. Off-street parking area standards. Off-street parking areas and the aisles shall be developed in compliance with the following standards:

Table 1

Angle of Parking	Space Width	Space Length	Aisle Width One Way	Aisle Width Two Way
90	9 feet	18 feet	24 feet	24 feet
75	9 feet	18 feet	22 feet	23 feet
60	9 feet	18 feet	18 feet	22 feet
45	9 feet	18 feet	15 feet	22 feet
0	9 feet	22 feet	12 feet	24 feet

2. Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one 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 chapter.

3. 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.

4. Street/alley access. Except in the case of single, two family and townhouse dwellings, off-street parking areas shall be designed so that circulation between parking spaces or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two family and townhouse dwellings, off-street 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.

5. Tandem parking. The required off-street parking spaces serving single family and two-family dwellings may be designed for parking two motor vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this chapter.

6. Curb cut/driveway access location.

a. No curb cut/driveway access shall be located less than 30 feet from the intersection of two 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.

i. Street functional classification shall be defined by the Lino Lakes Comprehensive Plan.

ii. The setback measurement shall be measured from the edge of the street right-of-way to the nearest edge of the curb cut.

iii. 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 chapter.

b. Curb cut/driveway access on a public street shall be located at least 40 feet from one another except for single family, two-family, and townhouse dwellings.

c. Curb cut/driveway access shall be a minimum of five (5) feet from the side lot line in all districts, except shared driveways approved by the City Engineer. Any shared driveway shall include a maintenance and access agreement.

d. A single family detached dwelling in a residential zoning district shall not have more than one driveway.

e. A single-family detached dwelling in a rural zoning district may have one or more driveways provided they are at least 40 feet from one another. No second driveway shall be allowed onto a major collector or arterial street as defined by the city's Transportation Plan.

7. Curb cut/driveway width. No curb cut shall exceed 28 feet in width within a rural or residential zoning district, or 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 45 degrees. (See Diagram 4)

Diagram 4

8. Emergency vehicle access.

a. Access drives to principal buildings or 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 requirements:

Table 2

DRIVEWAY/ACCESS STANDARDS
	Rural and Residential Districts	Business, Industrial, PSP Districts
Maximum Slope	10 foot vertical rise in 100 horizontal feet	8 feet vertical rise in 100 horizontal feet
Minimum Width	10 foot wide driveway base. Vegetation should be cleared to 8 feet on each side of driveway centerline from the roadway to the front lot line.	20 feet driveway base or as approved by Community Engineer

b. All property shall have direct, adequate, physical access for emergency vehicles along the frontage of the lot from either an existing dedicated public roadway or an approved private roadway.

c. In addition to the required direct physical access along the frontage of the property to the approved public or private street, a property may have existing private easement access drives over adjacent properties.

9. Grade elevation. The grade elevation of a parking lot shall not exceed 5%.

10. Striping. All parking spaces shall be marked with white or yellow painted lines at least four inches wide except for single, two-family, townhouses, and green parking lots.

11. 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 § 1007.046.

12. Curbing and landscaping. All open off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot except for single, two-family, and townhouses. 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. Curbed islands or peninsulas shall be installed to promote the safe and efficient flow of traffic, regardless of parking lot size.

13. Off-street parking area landscaping.

a. All open off-street parking areas of six or more required spaces shall be landscaped on all sides in compliance with § 1007.049.

b. Within off-street parking areas of 50 or more spaces, irrigated landscaped islands or peninsulas or rain gardens shall be provided at a rate of 100 square feet per 25 surface spaces 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.

c. No landscaping or screening shall interfere with drive or pedestrian visibility for vehicle entering, circulating or exiting the premises.

14. 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.

15. Surfacing. All driveways, approaches, sales lots, and off-street parking areas shall be hard surfaced using concrete, asphalt or equivalent materials as approved by the City Engineer except as follows:

a. In business, industrial, and public and semi-public zoning districts the city may allow up to 25% of the required off-street parking spaces be provided as green parking with a turf surface supported by a city approved parking lot sub-base and a turf-guard fabric.

b. In rural and residential zoning districts on lots one acre in size or greater, class 5 gravel or other surfacing material may be allowed as approved by the City Engineer. Any driveways on a paved street shall be hard surfaced from the edge of the paved street to the lot line.

c. A permit is required for the installation of a new driveway or the replacement of an existing driveway.

(4) 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 off-street parking space, access ways, landscaping and required screening.

(5) Location. All off-street parking areas required by this chapter shall be located and restricted as follows:

(a) Required off-street parking areas shall be located on the same lot under the same ownership as the principal use being served, except under the provisions of divisions (8) and (9) below of this section.

(b) Off-street parking spaces for one- and two-family dwellings shall be located on the same lot as the principal use served.

(c) Off-street parking spaces for multiple-family dwellings shall be located on the same lot as the principal use served and within 200 feet of the main entrance to the principal building served.

(d) Off-street parking spaces for uses in a business, industrial, or public and semipublic district shall be located within 800 feet of a main entrance to the principal building served.

(e) Off-street parking spaces shall not be located within a public right-of-way.

(f) Off-street parking areas shall meet the setback standard of the respective zoning district.

(g) Off-street parking spaces for single family dwellings, two-family dwellings, and townhouse dwellings shall not be located in the front yard except designated driveways leading directly into a garage. One off-street parking space may be located on the side of a driveway, away from the principal use. This parking space shall be surfaced in a manner consistent with division (3)(h)15. above of this section.

(6) 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:

Table 3

Use	Number of Parking Spaces Required
Single Family and Two family Dwellings	2 spaces per unit.
Boarding House/Accessory Apartment	At least 1 space for each person for whom sleeping accommodations are provided.
Townhouses and Manufactured Home Parks	2 rent-free spaces per unit. In projects involving 8 or more units, guest parking at a rate of 1 space per 3 units shall be provided.
Multiple-Family Dwellings	2 rent-free spaces per unit. A minimum of one-half of the required parking spaces shall be within the building.
Senior Housing	1.5 spaces per independent living apartment unit other than studio apartments. Studio apartments require 1 space per unit. Half of the parking spaces for independent living shall be underground.
Rest Home, Nursing Home, Convalescent Center, or Assisted-Living	1 space for each 6 beds based upon maximum design capacity plus 1 space for each 2 employees.
Hospitals	2 spaces for each bed.
Schools, Elementary and Junior High	At least 3 parking spaces per classroom, plus necessary spaces for student drop off. Auditoriums and special events space shall be calculated separately.
High School and Colleges	1 space for each classroom plus 1 additional space for each 7 students based upon maximum design capacity.
Church, Theater, Auditorium	At least 1 parking space for each 3 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance.
Community Centers, Libraries, Private Clubs, Lodges, Museums, Art Galleries	1 space for each 300 square feet of floor area in the principal structure.
Day Care Facilities	1 space for each 300 square feet of floor area.
Office Buildings, Veterinary Hospitals, Professional Offices, and Medical Clinics	1 space for each 200 square feet of floor area.
Financial Institutions, Banks, Savings and Loan	1 space for each 250 square feet of floor area.
Health Club	1 space for each 300 square feet of floor area.
Retail Store and Service Establishment	1 space for each 200 square feet of floor area.
Shopping Centers	1 space for each 200 square feet of floor area (exclusive of common areas).
Retail Sales and Service Business with 50% or More of Gross Floor area Devoted to Storage, Warehouses and/or Industry	At least 8 spaces or 1 space for each 200 square feet devoted to public sales or service, plus 1 space for each 500 square feet of storage area.
Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On-Sale Nightclubs	1 space for each 100 square feet of dining room, plus 1 space for each employee of the maximum work shift.
Fast Food Restaurant	1 space for each 67 square feet of gross floor area.
Motels, Motor Hotels, Hotels	1 space per each rental unit plus 1 space for each 8 units, and 1 space for each employee on any shift.
Motor Fuel Station	1 space for each 250 square feet of gross floor area.
Auto Repair	4 spaces plus 2 spaces per service bay.
Motor Vehicle Sales Lot	1 space for each 250 square feet of floor area of the building plus 1 space per each 2,000 square feet of gross land area.
Commercial Car Wash	1 space per employee plus: Drive-through: 10 stacking spaces. Self-service: 1 stacking space per wash bay. Motor fuel stations: None in addition to that required for the principal use.
Garden Supply Store, Building Material Sales in Structure	8 spaces, plus 1 space for 800 square feet of floor area over 1,000 square feet.
Private Racquetball, Handball and Tennis Courts	6 spaces per court.
Indoor Sports Arenas, Private Skating Rink, Dance Hall, or Public Auction House	20 spaces, plus 1 space for each 200 square feet of floor space over 2,000 square feet.
Golf Driving Range, Miniature Golf, Archery Range	10 spaces plus 1 space for each 100 square feet of floor space of building.
Golf Courses	4 spaces per hole, plus 50% of the requirements for any other associated use.
Bowling Alley	5 spaces for each alley, plus additional spaces for related uses.
Funeral Homes and Mortuaries	20 spaces for each chapel or parlor, plus 1 space for each funeral vehicle.
Contractors' Offices, Shops and Yards	2 spaces for each employee.
Light Manufacturing	1 space for each 500 square feet of gross floor area.
Warehousing, Storage of Handling of Bulk Goods	1 space for each 2,000 square feet of gross floor area.
Other Uses	Any use not in the parking requirements in this section shall be assigned a parking requirement by the Community Development Director or designee.

(7) Parking deferment. The city may reduce the number of required off-street parking spaces for business, industrial, and institutional uses by administrative permit provided that:

(a) The applicant must demonstrate that the proposed use will have a peak parking demand less than the required off-street parking under division (6) above of this section. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to:

1. Size of building.

2. Type and use.

3. Number of employees.

4. Projected volume and turnover of customer traffic.

5. Projected frequency and volume of delivery or service vehicles.

6. Number of company-owned vehicles.

7. Storage of vehicles on site.

(b) In no case shall the amount of off-street parking provided be less than one-half of the amount of parking required by ordinance.

(c) The site has sufficient property under the same ownership to accommodate the expansion of the parking area to meet the minimum requirements of this ordinance if the parking demand exceeds on site supply.

(d) Off-street parking shall only occur in areas designed and constructed for parking in compliance with this chapter.

(e) The applicant and city enter into an agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional off-street parking spaces, upon a finding of the Community Development Director that such additional parking spaces are necessary to accommodate the use.

(f) A change of use will necessitate compliance with the applicable Zoning Ordinance standard for off-street parking.

(8) Joint off-street parking areas. Off-street parking areas for a combination of mixed buildings, structures, or uses may be provided collectively in any non-residential zoning district in which separate parking areas 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 lots accessing collector and arterial streets. Where shared access and parking are utilized, easements shall be located on the shared area and recorded with the properties and a maintenance agreement required.

(9) Control of off-site parking areas. When required off-street parking areas are provided on a different property in which the principal use is located, the parking area shall be in the same ownership, or controlled either by deed or long term lease as the property occupied by such principal use. The owner of the principal use shall file a recordable document with the city requiring the owner and their heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.

(10) Traffic control.

(a) The traffic generated by any use shall be channelized and controlled in a manner that it will minimize:

1. Congestion on the public streets.

2. Traffic hazards.

3. Excessive traffic through residential areas, particularly truck traffic.

(b) Internal traffic shall be regulated as to ensure its safe and orderly flow. Traffic 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.

(11) Motor vehicle off-street parking in residential and rural zoning districts.

(a) Passenger motor vehicles and motorcycles may be parked or driven on a residential or rural property provided that:

1. They are parked or driven on an appropriate surface leading to the parking area in compliance with division (3)(h)15 of this section.

2. They are operable and appropriately licensed at all times they are parked outside of an accessory building.

3. They are set back a minimum of five feet from side and rear lot lines, except in cases where a shared driveway has been approved by the City Engineer.

4. When parked in the front yard or corner side yard of a property, they are parked on a designated driveway or parking area.

(b) Recreational vehicles and trailers, as defined by § 1007.001, may be parked or stored on a residential or rural property provided that:

1. The vehicles are registered to or rented by a resident of the dwelling on such property, provided that:

a. The vehicles have affixed thereto current registration or license plates as required by law.

b. The vehicles are stored no closer than five 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 division (3)(h)15.

2. All front yard storage shall comply with the following setbacks from street curb and pavement lines:

Table 4

Street Classification	Minimum setback from curb/pavement line
Arterial	30 feet
Major Collector	20 feet
Minor Collector and Local	15 feet

3. No vehicle shall be parked in a manner that blocks a city or county sidewalk, park, or trail.

4. The vehicles are not connected to any water or sewage disposal system on the residential or rural property where the same is so parked or stored.

5. A recreational vehicle or trailer shall not be utilized for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

6. No recreational vehicle may be used as a living quarter while stored/parked on a residential or rural property.

1. No motor vehicle, except recreational vehicle, exceeding a gross weight rating of 12,000 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 acres in a rural zoning district, except when loading, unloading, or rendering a service.

a. An administrative permit may be obtained from the Community Development Department for the temporary parking or storage of motor vehicles that comply with the following requirements:

i. The motor vehicle is operable and appropriately licensed at all times.

ii. The vehicle shall not be parked or stored for more than 72 hours within a seven-day period excluding legal holidays.

iii. The vehicle shall be parked or stored behind the front of the dwelling.

iv. No more than one permit shall be granted per residence.

v. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored.

vi. There shall be a minimum of 150 feet from the vehicle to the nearest lot line.

vii. The vehicle and trailer shall remain connected.

viii. All parking permits shall be reviewed and renewed on July 1 of each year at a fee established by the City Council. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked.

2. On lots two and one-half acres or greater in rural zoning districts, no more than two motor vehicles exceeding a gross weight rating of 12,000 pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements:

a. The motor vehicles are operable and appropriately licensed at all times.

b. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored.

c. There shall be a minimum of 150 feet from the vehicle to the nearest lot line.

d. The vehicle and trailer shall remain connected.

(Am. Ord. 13-23, passed 9-11-2023)

Cross-reference:

City fee schedule, see § 218.01

§ 1007.053 OFF-STREET LOADING SPACES.

(1) Purpose. The purpose of this section is to establish the minimum requirements for off-street loading spaces in order to alleviate or prevent congestion of the public right-of-way related to the loading and unloading of motor vehicles.

(2) Location. Off-street loading spaces are subject to the following conditions:

(a) Loading spaces shall be off-street.

(b) Loading spaces shall be located on the same lot as the building or use being served.

(d) Loading spaces may be located in the front yard if the lot has more than one frontage on a public right-of-way.

1. The loading space shall be located on the frontage that has the least significant impact as determined by the Zoning Administrator.

2. Additional landscaping and earth berming shall be required to reduce the visual impact of the loading space as determined by the Zoning Administrator.

(3) Size. Loading spaces shall be of a size determined by the city as necessary to accommodate anticipated truck and service vehicles.

(4) Access. Loading spaces 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.

(5) Surfacing. Loading spaces and access ways shall be surfaced with a bituminous, concrete, or other material approved by the City Engineer.

(6) Accessory use. Any space allocated as a loading space or maneuvering areas 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.

(7) Off-Street Loading Space Required. In connection with any structure which is to be constructed 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.

(8) Noise. Where noise from loading or unloading activity is determined to be an audible nuisance in a residential district per § 1007.047(4) of this chapter, the City Council may limit the hours of operation.

(9) Screening. Except in the case of multiple dwellings, all loading spaces shall be screened and landscaped from abutting and surrounding residential uses in compliance with § 1007.049 of this chapter.

§ 1007.054 PRIVATE STREETS.

(1) Purpose. The purpose of this section is to establish minimum requirements for private streets in order to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public.

(2) Requirements. In conjunction with the review of two-family, townhouse, or multiple-family residential plats, the City Council may approve private streets that serve more than one dwelling unit if the following conditions are met. Private streets serving business, industrial, or special district developments shall require a Planned Unit Development (PUD) in compliance with § 1007.024 of this chapter.

(a) The City Council finds that the private street is deemed necessary to allow reasonable development of a particular site, and that such private street is not allowed or intended to be a substitute for the public street system.

(b) The private street shall not exceed 300 feet in length unless it forms a continuous connection or loops back to a public street. A private street over 150 feet in length that does not form a continuous connection or loop back to a public street shall provide a turn-around at or near its terminus, in compliance with City General Specifications and Standard Detail Plates.

(c) The private street shall gain access only from streets classified as “local” or “minor collector” by the City's Comprehensive Plan.

(d) The private street shall gain access from the public street and shall maintain the street drainage with concrete curb and gutter per City Standard Specifications for Construction. Private street access on urban and rural streets shall have at a minimum a five-foot bituminous or concrete apron. The remainder of the private street shall be designed, constructed and surfaced as approved by the City Engineer.

(e) The private street shall be a minimum of 26 feet wide. No parking shall be allowed on the private street, however, guest parking spaces may be required to be installed adjacent to the private street, as determined by the City Council.

(f) Individual unit driveways that gain access from the private street shall be a minimum of 25 feet in length.

(g) Approval of the private street shall not be granted if the private street is to be located within a separate lot.

(h) Street signs shall be designed and installed in compliance with City General Specifications and Standard Detail Plates.

(i) Signage stating “No Parking - Fire Lane” shall be located along the private street in locations as approved by the City Fire Inspector.

(j) A homeowners association agreement or other instrument acceptable to the city shall be required to ensure that the private street remains “private” in perpetuity. Such instrument shall require mandatory participation of all homeowners that have access via the private street and shall include the requirement for creation of a fund to address maintenance, snow removal, and future reconstruction of the private street in accord with City General Specifications and Standard Detail Plates. A copy of such instrument shall be filed with the city as a matter of public record.

§ 1007.055 RELOCATED STRUCTURES.

Before any house or other structure is moved onto a lot, a building permit must be obtained in compliance with § 1007.019 of this chapter. 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 a building permit if it determines that the structure does not meet the performance standards of this chapter.

§ 1007.056 HOME OCCUPATION PERMITS.

(1) Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation property, and without jeopardizing the residential character of the neighborhood.

(2) Application. All occupations conducted in the home shall comply with the provisions of this section except as follows:

(a) Permitted agricultural/farm related uses in the R and R-X Districts.

(b) The limited seasonal sale of products grown solely on the site by the residents of the homestead.

(d) Any other use listed as a permitted, conditional, or interim use within the corresponding zoning district.

(e) Any use allowed by an existing conditional or interim use permit.

(f) Garage sales in compliance with the following:

1. Each property is limited to four garage sales per year.

2. Each sale is limited to three days.

3. Signs must be in conformance with Chapter 1010 of this title.

(3) Procedure.

(a) Home Occupation Level A does not require an application, review, or permit as long as the business complies with the general provisions listed in division (6) below, and the requirements of the Home Occupation Level A listed in division (7) below.

(b) Home Occupation Level B requires the following:

1. Application for a Home Occupation Level B shall be filed by the property owner or designated agent on forms to be provided by the city, and shall be accompanied by:

a. A non-refundable fee as established by City Council ordinance; and

b. Site and building plans as necessary to prove compliance with the general provisions of division (6) below, and the requirements of the Home Occupation Level B listed in division (8) below.

2. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, ordinances, and applicable performance standards set forth in the ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within 15 business days of the date of submission.

(c) Home Occupation Level C requires an interim use permit. the procedure for an interim use permit is described in § 1007.017.

(4) Violations. After two 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 consider additional conditions, limitations, or revocation of the home occupation within 60 days of the last complaint. Home Occupation Level C, which requires an interim use permit, shall be subject to the revocation clause included in § 1007.017.

(5) Expiration.

(a) Upon issuance, a Home Occupation Level B permit shall continue to be valid unless one or all of the following occur:

1. The business owner relocates to another residential address; permits are not transferable to another person or property.

2. The type of businesses occurring on the site changes significantly.

3. The permit is revoked by the city per division (4) above.

(b) A Home Occupation Level C, approved as part of an interim use permit application, shall comply with § 1007.017.

(6) Requirements - general provisions. All home occupations shall comply with the following requirements:

(a) General provisions.

1. The home occupation shall be operated by an occupant of the dwelling.

2. The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof.

3. The home occupation shall comply with all requirements of Chapter 901 of this code and shall not be incompatible or disturbing to the surrounding residential uses.

4. 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.

5. The home occupation shall meet all applicable fire and building codes, and applicable permits must be obtained prior to any construction activities.

6. No exterior evidence of the presence of the home occupation on the property, except any signage allowed by the sign code and any vehicles allowed by § 1007.044(11).

7. Personal motor vehicles not exceeding a gross weight rating of 12,000 pounds used in the home occupation may be parked on the property.

8. Any motor vehicle with a gross weight rating in excess of 12,000 pounds is subject to § 1007.044(11)(c).

9. The number of on-site parking spaces shall not be reduced to less than two.

10. In no case shall the permitted home occupation cause the need for an additional driveway access to the property.

11. When applicable, all state licensing requirements shall be met.

12. The applicant shall demonstrate the home occupation use is within the capabilities of the property's sewage treatment system or the city's utility system.

13. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure.

14. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a home occupation.

(7) Requirements - Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level A.

(a) Requirements.

1. Permitted home occupation shall be confined to the dwelling unit, and shall not be conducted in any accessory structure on the property, including an attached garage.

2. No customers or employees who do not reside at the dwelling may be permitted on the property.

3. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted.

4. The home occupation may not occupy more than 10% of the dwelling.

5. All off-street parking generated by the home occupation shall be confined to the driveway.

6. The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail or by occasional home invitation.

(8) Requirements - Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level B.

(a) Requirements.

1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements.

2. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time.

3. Areas accessible to customers or employees shall comply with all applicable life safety codes.

4. Vehicle trips generated by the business shall not exceed 20 in any 24-hour period.

5. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted.

6. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed.

7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway.

8. Personal Service Businesses shall be limited to allow the servicing a single customer at a time.

9. Between the hours of 7:00 p.m. and 7:00 a.m. no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the dwelling.

10. The operation of any wholesale or retail business is prohibited, unless:

a. It is conducted entirely by mail or occasional home invitation;

b. It is exclusively the sale of products produced on-site; or

c. It is clearly incidental to a service provided on the site.

(9) Requirements - Home Occupation Level C. All properties with a dwelling, zoned Rural, Rural Executive, or Future Urban Development, and fronting on an arterial or major collector roadway are eligible to apply for an interim use permit to allow a Home Occupation Level C. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level C.

(a) Requirements.

1. The property shall be a minimum of ten acres in size.

2. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements.

3. A limit of five customers or employees who do not reside at the dwelling may be permitted on the property at one time.

4. Areas accessible to customers or employees shall comply with all applicable life safety codes.

5. Vehicle trips generated by the business shall not exceed 40 in any 24-hour period.

6. If the home occupation will require a delivery service, such as UPS, no more than 15 delivery/pickup trips per week shall be permitted.

7. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed.

8. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway.

9. Personal service businesses shall be limited to allow the servicing of only two customers at a time.

10. Between the hours of 9:00 p.m. and 7:00 a.m. no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling.

11. The limited operation of any wholesale or retail business is allowed.

(10) Additional limitations and/or restrictions.

(a) So as to maintain compatibility with the rural and residential character of the neighborhood and to protect the health, safety and general welfare of the public, the city may impose additional limitations or requirements as it deems necessary.

(b) The city may impose the posting of a security in order to ensure compliance with any condition imposed.

(11) Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit or interim use permit for a Home Occupation Level C, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(12) Penalty. Violation of the home occupation performance standards shall be subject to the enforcement and penalty provisions of § 1007.023 of this chapter.

Cross-reference:

City fee schedule, see § 218.01

§ 1007.057 ACCESSORY APARTMENTS.

(1) Purpose. The purpose of this section is to provide standards for the establishment and use of accessory apartments in owner-occupied single family detached dwellings.

(2) Application. All accessory apartments as defined in § 1007.001(2) of this chapter, established after the effective date of this chapter shall comply with the requirements of this section.

(3) Procedures and permits. All 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:

(a) Legal description of the property location and proof of ownership.

(b) Plans, drawn to scale, indicating existing and proposed floor plans and access to both the principal unit and the accessory unit.

(4) Requirements. All accessory apartments shall comply with the following requirements:

(a) The accessory apartment shall be clearly a subordinate part of the principal dwelling. The accessory apartment shall not exceed 40% of the building's total floor area or 960 square feet, whichever is less. 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.

(b) The principal dwelling shall have at least 960 square feet of living space remaining after creation of the accessory apartment exclusive of garage area. Accessory apartments shall have at least 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.

(d) 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 dwelling provided that no unenclosed ramps or enclosed stairways are utilized to access either the primary or accessory unit. Only one exterior stairway may be located on the side or rear of the dwelling.

(e) The principal dwelling and accessory apartment shall share an internal doorway connection between the dwellings.

(f) Both the principal dwelling and accessory apartment shall share a single utility hookup.

(g) All parking standards of § 1007.052 shall be met.

(h) The principal dwelling and accessory apartment shall meet the applicable standards and requirements of the Lino Lakes Zoning Code, Building Code, Anoka County Health Codes and Fire Codes.

(i) Either the principal dwelling or accessory apartment shall be occupied by the owner of the property.

(j) The property shall only have one mailing address.

(k) A maximum of one accessory apartment permit shall be issued per detached single family home.

(l) No separate driveway or curb cut shall be permitted for the accessory apartment unit.

(5) 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 requirements of this section. Prior to revocation, the City Council shall conduct a hearing preceded by ten days mail notice to the permittee.

§ 1007.058 DRAINAGE.

(1) No land shall be developed or altered, and no use shall be permitted that results in increasing surface water runoff rates; causes unreasonable flooding; degrades water quality; or creates erosion or deposit of minerals on said land, adjacent properties, or water bodies in compliance with Chapter 1011 and as required below.

(2) For land disturbance and all construction, erosion control measures must be in place prior to the beginning of site work, e.g., grading, topsoil stripping, or construction.

(a) 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.

(b) The city may require financial security in the amount equal to the value of the project to ensure placement of erosion control measures.

(3) 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.

(4) On any slope in excess of 8%, where, in the opinion of the City Engineer, the natural drainage pattern may be disturbed or altered, the City Engineer may require the applicant submit a grading plan and an erosion and sediment control plan prior to permit issuance.

(5) Agricultural, residential, commercial, and industrial developments shall be in compliance with applicable recommendations of the city's local water management plan as may be amended.

(6) 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, erosion control, 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.

(7) 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. If no such city approved drainage and grading plan for the entire subdivision exists, that such person or entity must represent that the grading, drainage and building pad elevations are consistent with the requirements of divisions (1) through (5) above.

§ 1007.059 EARTH MOVING AND LAND RECLAMATION.

(1) Exclusions. This article shall not apply to:

(a) 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.

(b) 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.

(2) 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 50 cubic yards per acre without first having applied for and having obtained a permit from the city. When 5,000 or more cubic yards of material is to be removed or deposited on any lot or parcel, an interim use permit shall be required. The inclusion of an earth removal and land reclamation permit process in this chapter 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.

(3) Application.

(a) 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. The plan shall contain among other things a to scale 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. The plan shall also be in compliance with the City Standard Specifications for Construction.

(b) Each application shall be filed with the City Engineer.

(c) Each application for permit shall be accompanied by a fee, the amount of which shall be determined by City Council resolution.

(4) 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:

(a) Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse.

(b) 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.

(c) Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the city may determine.

(d) 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.

(e) 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.

(f) Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins.

(g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas.

(h) Specify a time when the excavation or land reclamation project shall be completed.

(i) Place a minimum of four inches of top soil over the completed project and establish ground cover in a time period consistent with the city's stormwater management and pollution prevention plan.

(j) 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.

(k) Implement the tree preservation plan.

(l) Post a form of security as determined by the City Engineer to cover potential city cost 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.

(m) Other conditions deemed appropriate to the application by the City Engineer.

Cross-reference:

City fee schedule, see § 218.01

§ 1007.060 FARMING OPERATIONS.

All farms in existence upon the effective date of this chapter 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 zoning permit and conform to all requirements of the City Code. The City Council may require any new farm operation to secure a conditional use permit in the event of the following:

(1) The farm is adjacent to or within 400 feet of any dwelling unit and may be detrimental to living conditions by emitting noise, odors, vibrations, hazards to safety, and the like.

(2) The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become permanent industrial type operation that cannot be terminated as can a normal farming operation.

§ 1007.061 ADULT USES.

(1) General. Adult uses as defined in this city code shall be subject to the following conditions:

(a) Activities classified as obscene as defined by M.S. § 617.241 are not permitted and are prohibited.

(b) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

(c) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages.

(d) An adult use which does not qualify as an accessory use shall be classified as an adult use-principal.

(2) Adult uses - principal.

(a) Adult use-principal shall be located at least 300 radial feet, as measured in a straight line from the closest point of the lot line of the building upon which the adult use-principal is located to the lot line of:

1. Residentially zoned property.

2. A licensed day care center.

3. A public or private educational facility classified as a pre-school, elementary, junior high or senior high.

4. A public library.

5. A public park.

6. Another adult use-principal.

7. An on-sale liquor establishment.

(b) Adult use-principal activities, as defined by this chapter, 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 division (2)(a).

(c) Adult use-principal shall, in addition to other sign requirements established by this code, adhere to the following signing regulations:

1. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.

2. Shall not contain material classified as advertising.

3. Shall comply with the requirements of size and number for the district in which they are located.

(3) Adult Uses - Accessory.

(a) Adult use-accessory shall:

1. Comprise no more than 10% of the floor area of the establishment in which it is located.

2. Comprise no more than 20% of the gross receipts of the entire business operation.

3. Not involve or include any activity except the sale or rental of merchandise.

(b) 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:

1. 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.

2. 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.

3. Other use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.

(c) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

(d) 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.

§ 1007.062 ANTENNAS.

(1) 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. Small wireless facilities are regulated under Chapter 305 of this code.

(2) 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.

(a) All obsolete and unused antennas and towers shall be removed within 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.

(b) All antennas and towers shall be in compliance with all State Building and Electrical Code requirements and shall require related permits as applicable. Applications to construct new antennas and/or towers shall be accompanied by any required federal, state, or local agency licenses.

(c) 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.

(d) When applicable, written authorization for antenna and/or tower construction shall be provided by the property owner.

(e) No advertising message shall be affixed to the antenna and/or tower structure.

(f) 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.

(g) If a new tower of 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 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.

(h) 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.

(i) 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.

(j) Towers shall comply with all applicable Federal Aviation Administration (FAA) regulations.

(k) Amateur radio towers shall be installed in compliance 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 load on the tower is not exceeded and the structure of the tower remains in compliance with the manufacturer's specifications.

(l) 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: divisions (2)(c), (2)(h), (4) and (5).

(3) Certification, inspection and maintenance.

(a) 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.

(b) All towers shall be certified by an engineer to be structurally sound and in compliance with the requirements of the State Building Code and federal and state law.

(c) 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.

(4) 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.

(5) 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-mile search radius of the proposed tower due to one or more of the following reasons:

(a) 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.

(b) 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.

(c) Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure.

(d) 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.

(e) 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.

(6) Accessory antennas. The following standards shall apply to all accessory antennas including radio and television receiving antennas, satellite dishes, TVROs three 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.

(a) Accessory antennas shall not be constructed in any required yard (except a rear yard) or within public easements. The setback shall be five feet from all lot lines.

(b) Guy wires or guy wire anchors shall not be constructed within public easements. The setback shall be one foot from all lot lines.

(c) Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of 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 times the normal height restriction for the affected zoning district.

(d) The installation of more than one accessory structure and support structure per property shall require the approval of a conditional use permit.

(7) Personal wireless service antennas.

(a) Rural, residential, and business district standards.

1. 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 if the following condition are met:

a. 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.

b. An administrative permit is issued by the Zoning Administrator subject to the following conditions:

i. Antennas mounted on buildings or structures shall not extend more than 15 feet above the structural height of the building or structure to which they are attached.

ii. Wall or facade mounted antennas may not extend more than five feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

c. In no case shall a personal wireless service antenna be located upon or affixed to a detached single family residential dwelling.

2. New towers. The construction of new personal wireless service antenna towers within Rural, Residential and Business Zoning Districts of the city is prohibited.

(b) Industrial District standards.

1. Antennas located upon an existing structure or existing tower. Personal wireless service antennas as a permitted secondary use may be located upon an existing structure or co-located on an existing tower subject to the following conditions:

a. An administrative permit is issued by the Zoning Administrator.

b. Antennas mounted on buildings or structures shall not extend more than 15 feet above the structural height of the building or structure to which they are attached.

c. Wall or facade mounted antennas may not extend more than five feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

2. New towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following requirements:

a. 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.

b. 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:

i. Towers with a maximum capacity to support two antennas shall not exceed 140 feet in height. Towers with a minimum capacity to support three antennas shall not exceed 160 feet in height.

ii. The setback of the tower from the nearest lot line is at least 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.

c. 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.

d. At the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure.

3. 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 requirements:

a. Temporary mobile towers are exempt from co-location and permanent tower structure design standards provided for in the following divisions of this section: (2)(h); (2)(i); (4) and (5).

b. The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require the processing of an interim use permit subject to the standards contained in § 1007.017.

c. Guyed towers are prohibited.

d. Mobile units shall have a minimum tower design wind load of 80 miles per hour, or be set back from all structures a distance equal to the height of the tower.

e. All towers shall be protected against unauthorized climbing.

f. The height of the tower shall not exceed 100 feet.

1. 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 subject to the following conditions:

b. An administrative permit is issued by the Zoning Administrator subject to the following conditions:

i. Antennas mounted on buildings or structures shall not extend more than 15 feet above the structural height of the building or structure to which they are attached.

ii. Wall or facade mounted antennas may not extend more than five feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

2. New towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following requirements:

a. The applicant shall demonstrate to the satisfaction of the city that the 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.

b. 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:

i. Towers with a maximum capacity to support two antennas shall not exceed 140 feet in height. Towers with a minimum capacity to support three antennas shall not exceed 160 feet in height.

d. At the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure and no-climb security measures shall be provided on the tower or support structure.

(8) Commercial, 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 requirements:

(a) 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 § 1007.016.

(b) 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 lot line and said lot 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.

(c) Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than eight feet in height with a maximum opacity of 50% 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.

§ 1007.063 ACCESSORY OUTDOOR DINING AREAS.

(1) Purpose and intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining areas that are intended for consumption of food or beverages purchased at the principal use on the property. This section is not intended to apply to outdoor seating areas such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for an outdoor dining area is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit.

(2) Requirements.

(a) The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing, planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval.

(b) If alcoholic beverages are served or consumed in the outdoor dining area, the proper license required by Chapter 700 of this code must be current.

(d) The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

1. The outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor dining area consists of four (4) or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation.

2. The minimum clear passage zone for pedestrians at the perimeter of the outdoor dining area shall be at least five feet without interference from tables, chairs, planters, parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.

3. Umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above the sidewalk.

(e) The outdoor dining area shall be 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.

(f) A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.

(g) 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 reviewed as part of the administrative permit application.

(h) Additional off-street parking spaces.

1. For outdoor dining areas that are 500 square feet or less in size, no additional off-street parking spaces shall be required.

2. For outdoor dining areas that are greater than 500 square feet in size, one additional off-street parking space for every 100 square feet of outdoor dining area in excess of the first 500 square feet shall be required.

(i) The outdoor dining area shall be designed to avoid potential conflict with motor vehicle parking or circulation.

(j) Refuse containers shall be 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.

(k) The outdoor dining area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive condition.

§ 1007.064 BATCH PLANTS.

(1) Purpose. The purpose of this section is to provide standards for the establishment and use of batch plants intended to provide construction materials for a defined project within a limited timeframe.

(2) Application. In order to operate within the city a batch plant shall be located within the Light Industrial, General Industrial, Rural, Rural Executive, or Future Urban Development zoning districts, and must obtain an interim use permit per § 1007.017.

(3) Requirements. Batch plants are allowed subject to the following conditions:

(a) The batch plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses.

(b) The batch plant setback shall be 50 feet from any wetland.

(d) The hours of operation shall be clearly defined.

(e) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance.

(f) A grading, erosion and sediment control plan shall be submitted and approved by the city prior to any site disturbance.

(g) A storm water pollution prevention plan shall be submitted and approved by the city prior to any site disturbance.

(h) A restoration plan shall be submitted and approved by the city prior to any site disturbance.

(i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met.

(j) All applicable watershed district requirements are satisfactorily met.

(k) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary.

(l) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance.

§ 1007.065 OPT OUT OF MINN. STAT. 462.3593.

Pursuant to authority granted by M.S. § 462.3593, subd. 9, the City of Lino Lakes opts-out of the requirements of M.S. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

§ 1007.066 COMMERCIAL STABLES.

(1) Purpose. The purpose of this section is to provide performance standards for the operation of commercial stables.

(2) Definitions. The following definitions apply to this section:

COMMERCIAL STABLE. 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.

(3) General standards. The following standards shall apply to all commercial stables:

(a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten or more horses, shall have their principal entrance located on an arterial or collector street.

(b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in compliance with the state building code, and connected to an individual sewage treatment system or the public sanitary sewer system.

(c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise.

1. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded to the nearest whole number to determine the number of animal units allowed.

2. Adjacent parcels of land shall not be separated by public right-of-way.

(d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan.

(e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling.

§ 1007.067 AGRITOURISM.

(1) The purpose of this section is to provide standards for agritourism, which consists of uses of a commercial/tourism nature that are complementary and accessory to the primary agricultural land use. It is also intended to promote and maintain local farming and encourage new agriculturally based businesses that contribute to the general economic conditions of the city and surrounding region.

(2) The purpose of this designation is to provide a clear understanding of the expectations for agricultural commercial/tourism businesses for operators, local residents, other businesses, and local officials.

(a) A property's size must be adequate to accommodate any agritourism use so as not to create a nuisance or hazard. Issues affected by farm size include, but are not limited to, setbacks for noise abatement, adequate off street space for a farm stand, and adequate parking for all farm activities including, but not limited to, daily operation.

(b) Agritourism uses must meet all city zoning ordinances as well as all health, building, street, safety and other applicable local, state and federal regulations and codes.

(c) Agricultural operations whose gross revenues are solely or primarily derived from alcoholic products are not included under these provisions. Applicable state or local laws will apply.

(d) Documentation that an agritourism use as defined in the city ordinance is operating within these limits must be made available to the city upon request.

(3) The following agricultural commercial/tourism businesses may be permitted after a conditional use review, pursuant to § 1007.016 provided that the agricultural heritage and rural character of the site are respected and maintained:

(a) Cider mills or wineries selling product, in a tasting room, if at least 50% of the cider or wine offered for sale contains crops or produce grown on-site or in Minnesota, Wisconsin, Iowa, North Dakota or South Dakota.

(b) Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

(c) The processing, storage, and retail or wholesale marketing of agricultural products into value-added agricultural products containing agricultural products grown on site or in Minnesota, Wisconsin, Iowa, North Dakota or South Dakota.

(d) Kitchen facilities, for the processing, cooking, and/or baking of goods featuring agricultural products grown on site or in Minnesota.

(e) The retail sale of agricultural products and agriculturally related products. The retail sale of non-agriculturally related products is limited to 25% of items offered for sale.

(f) Uses (a) through (e) listed above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained, and the non-agriculturally related uses comprise less than 50% of the gross receipts from the farm.

1. Value-added agricultural products or activities such as educational tours of the site or processing facilities, educational classes, lectures, seminars, etc.

2. Playgrounds or equipment such as slides, swings, or similar structures (not including motorized vehicles or rides).

3. Petting farms, animal display, and pony rides.

4. Wagon, sleigh, and hayrides.

5. Nature trails.

6. Open air or covered picnic area with restrooms.

7. Historical agricultural exhibits.

8. Food trucks, concession stands, or temporary food services to host visitors once attracted to the agricultural business for the purposes of entertaining and/or educating.

(4) The site shall comply with the following requirements:

(a) Minimum lot area of ten acres.

(b) All uses permitted by this section shall have at least one primary access onto a collector street as identified on the functional classification map with the condition that the increase in traffic shall not create a nuisance, to nearby residents by way of traffic or noise or increase the public cost in maintaining the street.

(c) All structure, parking area, and agritourism related activity setbacks shall be 50 feet from any side or rear lot line. Drive aisle setbacks shall be 20 feet to any side or rear lot line.

§ 1007.068 WIND ENERGY CONVERSION SYSTEM (WECS).

(1) Purpose. The purpose of this section is to establish regulations for the installation of WECS in locations that are not detrimental to the public health safety and welfare of neighboring property owners or occupants.

(2) Applicability. WECS that have a combined nameplate capacity of 5,000 kilowatts or more are regulated by the state, and are preempted from the regulations of this section. This section applies only to WECS that have a combined nameplate capacity of less than 5,000 kilowatts.

(3) General requirements. The following requirements shall apply to all WECS:

(a) WECS shall be allowed as an accessory structure in all zoning districts.

(b) WECS shall be mounted to a monopole or building that has the structural integrity to carry the weight and wind loads of the WECS and can accommodate its vibration impacts, as documented in writing by a licensed structural engineer.

(d) WECS shall be equipped with an overspeed control device.

(e) WECS, including the blades or rotors, shall be grounded and shielded in compliance with the National Electrical Code.

(f) The compatibility of the blades or rotors with the generator shall be certified by a licensed engineer.

(g) WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television, or other communication signal interference.

(h) WECS and their related support and equipment shall be a non-contrasting color such as pale grey or white or shall have a galvanized finish to reduce visual impact, unless otherwise required by the Federal Aviation Administration.

(i) Except those devices required by the Federal Aviation Administration, no lights, reflectors, flashers or any other type of illumination shall be attached to a WECS or related support or equipment.

(j) Except for required safety signage, no other signage, writing, pictures, flags, streamers, or decorative items shall be attached to a WECS or related support or equipment,

(k) WECS shall be self-supporting without the use of guy wires or similar features.

(l) Obsolete WECS and any related support or equipment shall be removed within 12 months of cessation of operating, unless an exemption is granted by the Zoning Administrator.

(4) Freestanding WECS. In addition to the general requirements specified in this section, freestanding WECS shall comply with the following requirements:

(a) Freestanding WECS shall be constructed using a monopole design of tubular steel.

(b) Not more than one freestanding WECS shall be permitted per lot.

(c) Freestanding WECS shall not exceed 50 feet in height, as measured from the grade level at the base of the tower to the highest possible extension of the blades, rotors, or similar feature of the WECS.

(d) Freestanding WECS shall not be located within a front yard of a residential zoning district.

(e) Freestanding WECS setbacks from all lot lines, from any principal building, from any recreational facility (e.g., playfield, rink), and from lakes, wetlands, and ponds shall be a distance at least equal to the height of the WECS.

(f) Lot line setbacks may be reduced for projects with joint ownership of a freestanding WECS between two or more abutting landowners. Prior to issuance of a building permit, the applicant shall submit recorded copies of covenants or easements prohibiting the construction of habitable buildings within a distance equal to the height of the WECS on all affected properties.

(g) Freestanding WECS shall not be located within a required wetland buffer, within a bluff or shore impact zone, or on slopes within the shoreland management overlay district that are over 12% as measured over horizontal distances of 50 feet or more.

(h) No portion of a freestanding WECS including the full arc area created by any blade, rotor or other portion of the WECS shall extend over a public easement, over a parking lot, over an accessory building, or over or under an overhead utility line.

(i) The lowest extent of any blade or rotor on a freestanding WECS shall be at least 30 feet above the ground.

(j) Freestanding WECS shall not include tower climbing apparatus within 12 feet of the ground.

(k) Freestanding WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area, containing the following information.

1. A warning of danger to unauthorized persons.

2. The WECS manufacturer's name.

3. Emergency shutdown procedures.

(5) Rooftop WECS. In addition to the general requirements specified in this section, rooftop WECS shall comply with the following requirements:

(a) Not more than one rooftop WECS shall be permitted per single family detached dwelling. The number of rooftop WECS shall not be limited for other principal buildings.

(b) Rooftop WECS shall not exceed 15 feet in height, as measured from the highest element of the roof segment to which the WECS is attached (e.g., peak for pitched roofs, parapet for flat roofs) to the highest possible extension of the blades, rotors or similar feature of the WECS.

(6) Submittal requirements. An applicant for a WECS shall provide the following:

(a) Information that demonstrates compliance with the requirements specified in this section, as applicable.

(b) Application materials required for a building permit of this chapter.

(c) Technical specifications for the WECS including, but not limited to, height, blade or rotor length, operating parameters, lightning protection, anticipated noise levels at the lot lines, and other information deemed necessary to review the application.

(d) For freestanding WECS, a certified survey showing lot lines, existing structures, easements, above-ground utilities, elevations, wetlands, ponds, lakes, streams, and the proposed location for the WECS, including the dimensions between lot lines and the nearest projection of WECS blades or rotors.

(e) For freestanding WECS, an inventory of significant trees proposed to be removed within the construction area for the WECS shall be provided for all uses except single family detached dwellings.

§ 1007.069 SOLAR ENERGY SYSTEMS.

(1) Purpose. The purpose of this section is to establish regulations for the installation of solar energy systems in locations that are not detrimental to the public health safety and welfare of neighboring property owners or occupants.

(2) Zoning district. Solar energy systems in compliance with the standards in this section are allowed as a permitted accessory use in all zoning districts. This does not include solar farms.

(3) Standards.

(a) Exemption. Passive or building integrated solar energy systems are exempt from the requirements of this chapter and shall be regulated as any other building element.

(b) Height.

1. Rural and residential roof mounted solar energy systems are allowed subject to the following conditions:

a. The system is permitted to exceed the maximum height requirements in the applicable zoning district up to 18 inches above the rooftop to which it is attached.

b. The system shall be installed parallel to the rooftop to which it is attached.

2. Rural and residential ground mounted solar energy systems shall not exceed ten feet in height.

3. Business, Industrial, and Special District roof mounted solar energy systems are allowed subject to the following conditions:

a. The system is permitted to project a maximum of four feet from the roof to which is it attached.

b. The pitch shall not exceed 40% at maximum tilt.

c. The system shall not exceed 15 feet in height at maximum tilt.

4. Ground mounted solar energy systems must be engineered to include three feet of clearance from grade to bottom of the solar energy system.

(c) Location. Ground mounted solar energy systems shall not be located in any front yard in any zoning district except within rural zoning districts, they shall be located at least 100 feet from the front lot line.

(d) Setbacks. Ground mounted solar energy systems shall comply with all accessory structure setbacks in the applicable zoning district. Roof mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

(e) Roof mounting. Roof mounted solar collectors may be flush mounted or bracket mounted. Bracket mounted collectors shall be permitted only when a determination is made by the City Building Official that the underlying roof structure will support apparatus, wind, and snow loads and all applicable building standards are satisfied.

(f) Easements. Solar energy systems shall not be located in any public easement.

(g) Screening. Ground mounted systems shall be screened from view and the public right-of-way to the extent practicable without impacting their function. Solar energy systems are exempt from screening requirements for rooftop mechanical equipment.

(h) Maximum area.

1. Rural and residential ground mounted solar energy systems shall be limited to 5% of the lot area.

2. Business, industrial, and special district ground mounted solar energy systems shall not exceed more than 25% of the yard in which the solar energy system is located.

3. Ground mounted solar energy systems are exempt from maximum impervious surface limitations in each zoning district.

4. All solar energy systems shall minimize glare toward vehicular traffic and adjacent properties.

(i) Feeder lines. The electrical collection system shall be located underground within the interior of each parcel. The collection system may be located overhead near substations or points of interconnection to the electric grid.

(j) Safety.

1. Standards. Solar energy systems shall meet the minimum standards of all applicable federal, state, local, or other standards as determined by the City Building Official.

2. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the City Building Official. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

3. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility.

(k) Abandonment. If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.

(l) Permit. A building permit shall be obtained for any solar energy system prior to installation. A building permit submittal shall include the following: to scale site plan, manufacturers and installation specifications, a complete structural review worksheet for residential roof mounted solar arrays and any additional information requested by city staff and/or the Building Official.

§ 1007.070 MODEL HOMES WITH TEMPORARY REAL ESTATE OFFICES.

(1) Purpose. The purpose of this section is to provide for the construction of model homes with temporary real estate offices in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a temporary commercial use, special consideration must be given to the unique characteristics associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment.

(2) Procedure. The construction of a model home(s) with temporary real estate office(s) shall require a building permit issued by the Building Official.

(3) Special requirements.

(a) Model homes with temporary real estate offices may be allowed as accessory uses in the applicable zoning district in which they are located. The model home with a temporary real estate office shall comply with the Minnesota State Building Code.

(b) Temporary parking areas shall be provided on the site and shall include at least two off-street parking spaces per model home unit with temporary real estate office. Such temporary parking areas shall provide handicap accessible parking and accessible routes as required by the Minnesota State Building Code. The overall design, drainage, and surfacing of the temporary parking area shall be subject to the approval of the City Engineer.

(c) Access from a temporary parking area onto a local street shall be minimized. Where this requirement is physically impractical, access shall be directed away from residential neighborhoods to the greatest extent possible.

(d) No model home with temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity.

(e) All signage shall be in compliance with City Code Chapter 1010.

(f) The model home with temporary real estate office shall terminate three years from its date of issuance or until 85% of the development is completed, whichever occurs first.

(g) No residential occupancy permit shall be issued for a model home until such time as the structure has been fully converted to a residence. Such conversion shall include but not be limited to parking lot restoration and the removal of signage and lighting.

(h) The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the next growing season.

§ 1007.071 TEMPORARY STRUCTURES.

(1) Purpose. The purpose of this section is to provide for temporary structures including but not limited to construction trailers and temporary classroom structures for use by a public or private school.

(2) Procedure. The temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this chapter.

(3) Special requirements.

(a) Temporary structures shall be allowed as provided for in the applicable zoning district in which they are located.

(b) No administrative permit shall be issued for a temporary structure unless a site plan has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property.

(c) The administrative permit shall terminate 12 months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official for the permanent structure. The permit may be extended for an additional 180 days at the discretion of the Zoning Administrator.

(d) Temporary structures may be located in a required yard area, provided that no such structure may be located within 15 feet of a public right-of-way or obstruct visibility at any intersection or driveway.

(e) All applicable requirements of the State Building Code shall be met.

(f) Whenever an administrative permit for construction of a temporary structure has been issued, a similar application for an administrative permit for construction of a temporary structure shall not be considered again by the Zoning Administrator for at least one year from the date of approval.

§ 1007.072 MOTOR FUEL STATIONS.

(1) Purpose. The purpose of this section is to establish standards and procedures under which motor fuel stations can be conducted within the city without jeopardizing the health, safety and general welfare of the surrounding neighborhood. This section establishes the city's minimum requirements for the establishment and operation of a motor fuel station.

(2) Motor fuel stations. Motor fuel stations shall be constructed in compliance 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.

(3) Architectural standards. 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.

(4) 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:

(a) The edge of the canopy shall be at least 30 feet from any lot line, provided that adequate visibility both on-site and off-site is maintained.

(b) The canopy shall not exceed 18 feet in height and must provide 14 feet of clearance to accommodate a semi-trailer truck passing underneath.

(d) The 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 115 foot candles below the canopy at ground level.

(e) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.

(f) The canopies support columns shall be constructed of masonry materials consistent with the principal building.

(g) Signage may be allowed on a detached canopy provided that the individual canopy sign does not exceed more than 20% of the canopy facade facing a public right-of-way.

(h) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps.

(5) Pump islands. Pump islands shall comply with the following requirements:

(a) Pump islands shall be elevated six inches above the traveled surface of the site.

(b) Pump island setbacks shall be 30 feet from any lot line. Additionally, the setback

between the pump islands curb face must be at least 24 feet.

(6) Drainage. 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:

(a) A minimum of 400 cubic feet of permanent pool storage capacity per acre of drainage area.

(b) A minimum pool depth of four feet.

(d) Minimum maintenance/inspection of two 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.

(7) Buffer. Where lots abut residentially zoned property, a buffer yard of at least 20 feet wide shall be landscaped and screened in compliance with City Code § 1007.049.

(8) Circulation and loading. The site design must accommodate adequate turning radius and vertical clearance for a semi-trailer truck. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.

(9) Noise. Public address systems and gas pump displays shall not be audible at any lot line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 1007.047(4).

(10) Outdoor storage, sales and service. No outdoor storage or sales shall be allowed, except as follows:

(a) Propane sales of 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.

(b) Large, bulk sale propane tanks must meet all applicable building and fire code requirements.

(d) Accessory outdoor services, sales, or rental accessory to the principal use and limited in area to 25% of the gross floor area of the principal building.

(11) 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.

(12) Motor vehicle parking. Except for employee passenger motor vehicles and motorcycles, no motor vehicle shall be parked on the property for more than two hours.

(13) 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.

§ 1007.073 AIR PARK HANGAR AND ACCESS PERFORMANCE STANDARDS.

(1) Purpose. The purpose of this section is to provide standards for the size of airplane hangars and access to airplane hangars constructed on single family lots that have taxiway access to an approved private use airport.

(2) Definitions. The following definitions apply to this section:

AIR PARK. A residential subdivision with permitted access to a private use airport.

AIRPLANE HANGAR. An accessory building constructed on a single family lot where aircraft are stored. Such use is considered a residential accessory use incidental to the dwelling.

(3) General standards. The following standards shall apply to all air park single family lots:

(a) Airplane hangar. Air park lots may have one airplane hangar not exceeding 3,200 square feet, provided that:

1. The airplane hangar location has direct taxiway access to the runway.

2. The airplane hangar be earth tone in color.

(b) Driveways shall not be constructed closer than three feet to the lot line.

1. Exception. Encroachment into the three-foot setback may be allowed for purposes of constructing a shared driveway with the abutting property owner provided that any shared driveway shall include a maintenance and access agreement executed by each property owner and recorded against each property with Anoka County.

(c) The plans for driveways proposed to be placed within a drainage and utility easement must meet drainage requirements and be approved by the City Engineer prior to construction. Driveways placed within a drainage and utility easement are placed, by the owner, at the owner's risk of removal by the city or other agencies that may have legal use of the easement. Replacement of driveways removed for drainage or utility work shall be at the owner's expense.

(d) All driveways and approaches shall be hard surfaced in accordance with § 1007.052(3)(h)15.

(e) An air park single-family lot may have one secondary public street driveway access subject to approval of the City Engineer and the following conditions:

1. The property owner demonstrates that the principal driveway access serving the single family dwelling cannot be extended or expanded to serve an airplane hangar without encroaching into required setbacks or abutting property or without violating § 1007.052(5)(g).

2. Secondary driveway width shall not exceed 12 feet.

3. No secondary driveway shall be within three feet of the lot line unless a shared driveway access and maintenance agreement is executed by each property owner and recorded against each property with Anoka County.

(f) Impervious surface coverage area. The impervious surface of the property shall not exceed 65%.

(g) All other provisions of Chapter 1007 and the City Code shall be applicable to the extent not in conflict with this section

§ 1007.074 RURAL CLUSTER DEVELOPMENT.

(1) Purpose. The purpose of this section is to establish special requirements for a rural cluster development (without city water or sanitary sewer) project to allow limited rural residential development while promoting:

(a) Preservation of productive land for agricultural use.

(b) Preservation of wildlife habitat and unique natural resources.

(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.

(f) Orderly and economically viable transition to eventual development with urban services.

(2) Application. A rural cluster development shall only be applied in areas zoned R, Rural or R-X, Rural-Executive that are guided Low Density Residential on the Comprehensive Plan Full Build Out Land Use Map.

(3) Open space. A minimum of 50% of the gross acreage of the subject property shall be preserved as common open space, recreational space or agricultural use. Of that open space, a minimum of 25% shall be upland area.

(a) All designated open space shall be platted as outlot parcels. Public trail corridors shall be dedicated as park land.

(b) Habitable structures. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces.

(c) Public open space accessibility. Open spaces dedicated to the public shall be accessible to pedestrians at no less than 1,200-foot intervals along public roadways. Where necessary, pedestrian access corridor outlots between private lots shall be at least 20 feet in width.

(4) Ownership and management. Each designated open space shall be owned and managed according to the following means, subject to city approval:

(a) Common ownership. 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 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:

1. The legal description of the common lands or facilities;

2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions;

3. A mechanism for resolving disputes among the owners or association members;

4. 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;

5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership.

(b) Natural habitat. Management shall be the responsibility of the homeowners association.

1. Open space may be protected by establishing conservation easements as provided in M.S. §§ 84.64 through 84.65, as they may be amended from time to time. 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 conservation easement or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof.

2. 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.

(c) 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.

(5) Neighborhood configuration.

(a) 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 lots or 50% 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 chapter.

(b) 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:

1. View shed. The lots of a neighborhood may be arranged such that a majority of the principal 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 principal structures 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 principal 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.

(6) Densities.

(a) Subdivisions served by independent sewage treatment systems shall not exceed eight units per 40 acres.

(b) Subdivisions served by a MPCA approved community sewer system shall not exceed 12 units per 40 acres.

(7) The applicant must provide a management (maintenance, replacement and repair) plan for centralized wastewater treatment system as approved by the city. The management plan must be reviewed and approved by the City Council and recorded with the final plat. The plan should clearly identify the following:

(a) The ownership of the centralized wastewater treatment system.

(b) An annual schedule for maintenance, inspection and monitoring of the centralized wastewater treatment system.

(d) Contingency plan in the event of failure of the centralized wastewater treatment.

(e) Financial guarantees, covering the estimated cost of maintaining and replacing a centralized system.

(f) Provisions describing how the sewage treatment portion of the system will be protected from vehicles, animals, humans and other sources of risk.

(g) The name and license number of the system's designer.

(h) Provision for cost effective future connection of the wastewater treatment system(s) to urban services within one year after such services are provided at the boundary of the development, with sufficient financial guarantees to ensure no added cost to the city.

(i) If financial guarantees for any of the above provisions are part of an association assessment or treasury fund, the city shall be given access to annual audit records, at the expense of the association, to ensure proper funding. If such guarantees are the private responsibility of the developer, the city shall require guarantees from the responsible individual(s).

(8) Residential lots.

(a) Lots served by individual sewage treatment systems (ISTS) shall have a minimum of one acre of buildable land area capable of accommodating the principal dwelling, accessory buildings, and two individual soil treatment systems (drainfields).

(b) Lots served by a MPCA approved community sewage treatment system shall have a minimum lot area of 20,000 square feet of buildable land.

(d) Minimum lot width.

1. ISTS lots. 200 feet.

2. Lots served by a MPCA approved community sewage system.

a. Interior lot. 100 feet.

b. Corner lot. 125 feet.

(e) Setbacks. Setbacks shall be the same as those imposed in the applicable base zoning district.

(f) Residential lots shall be sited in a manner that preserves existing significant tree cover on the site.

(g) The lots of a neighborhood may be arranged so that a majority of the principal structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream or other open space which could be described as a view shed.

(h) The lots may be arranged that the principal structures face a local street enhanced with landscaping, street trees, boulevards, medians or other landscaping techniques appropriate to the city's street design standards.