(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.
(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.
(c) Two family dwellings and multiple-family dwellings are not allowable uses upon unsewered lots.
(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.
(c) Zero lot line subdivision.
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.