(1) Title. This chapter shall be known, cited and referred to as the “Lino Lakes Zoning Ordinance” except as referred to herein, where it shall be known as “this chapter.”
(2) Intent and purpose. This chapter is adopted for the purpose of:
(a) Protecting the public health, safety, comfort, convenience and general welfare.
(b) Dividing the City of Lino Lakes into zones and districts restricting and regulating therein the location and use of structures and land and lot size.
(c) Promoting orderly development of the residential, business, industrial, recreational and public areas.
(d) Providing adequate light, air, and convenience of access to property.
(e) Limiting congestion in the public right-of-way.
(f) Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings in relation to the land and buildings surrounding.
(g) Providing for the compatibility of different land uses and the most appropriate use of land throughout the City of Lino Lakes.
(h) Protecting and guiding the development of the rural area.
(i) Conserving and developing natural resources.
(j) Fostering agriculture and other industries.
(k) Preventing a wasteful scattering of population.
(l) Securing safety from flood.
(m) Reducing waste and municipal maintenance cost from excessive mileage of roads.
(n) Conserving the natural and scenic beauty and attractiveness of road sides and lakeshores.
(o) Providing for the administration of this chapter and amendments to the chapter.
(p) Defining the powers and duties of the administrative officers and bodies, as provided hereinafter.
(3) Application.
(a) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
(b) Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law ordinance, statute, resolution, or regulation, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail.
(c) Except as in this chapter specifically provided, no structure shall be constructed, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter.
(d) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(4) Relation to Comprehensive Municipal Plan. It is the policy of the City of Lino Lakes that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the City Comprehensive Plan as developed and amended from time to time by the Planning and Zoning Board and City Council. The Council recognizes the Comprehensive Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.
(5) Uses not provided for within zoning districts.
(a) In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use.
(b) In such cases where, in the judgment of the City Council, there is no comparable use listed, the City Council or Planning and Zoning Board, on their own initiative or upon request from the property owner, may conduct a study to determine if the proposed use is acceptable and, if so, what zoning district would be most appropriate and what conditions and standards should apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on receipt of the staff study, may initiate an amendment to the Zoning Ordinance consistent with § 1007.015 of this chapter to provide for the particular use under consideration or shall find that the proposed use is not compatible for development within the city.
(6) Separability. It is hereby declared to be the intention that the several provisions of this chapter are separable in accordance with the following:
(a) If any court or competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in such judgment.
(b) If any court or competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgment shall not affect other property, buildings or structures.
(7) Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. § 462.351 to § 462.363.
(8) Fees. No application for a Zoning Ordinance amendment, rezoning, conditional use permit, interim use permit, variance, administrative permit, or site and building plan review shall be accepted or considered by the City Council or any other body of the city unless such application is complete and accompanied by a deposit. The total fee for processing such application, which shall be paid by the petitioner to the city, shall be paid whether or not such application is approved or denied. The deposit shall be used to cover the total out of pocket expenses incurred by the city in processing such application, for such necessary items as, but not limited to, attorney's, planner's, and/or engineer's fees and costs, and any other costs incident thereto, and shall be in addition to a fee for the city staff services, to be paid to the city, which separate fees and deposits shall be established by City Council ordinance/resolution.
(a) The deposit shall not be considered as the total amount to be paid. The total amount shall be the actual amount expended plus the fee for the city staff services.
(b) Any unused portion of the required deposits will be returned to the petitioner. The fees established herein may be changed by the City Council from time to time, by resolution or ordinance, as appropriate. A copy of said resolution or ordinance shall be on file in the office of the City Clerk and available for inspection during regular city office hours.
Cross-reference:
City fee schedule, see § 218.01