TITLE XV:  LAND USAGE
Chapter
	150.	GENERAL PROVISIONS
	151.	BUILDING REGULATIONS
	152.	FLOOD PLAIN MANAGEMENT
	153.	SUBDIVISION REGULATIONS
	154.	ZONING CODE
		APPENDIX A:  FEE SCHEDULE
CHAPTER 150:  GENERAL PROVISIONS
Section
Exterior Storage
	150.001	Prohibited without screening
	150.002	All districts
	150.003	Unlicensed passenger vehicles and trucks
Screening
	150.020	Required screening
Lighting, Glare Control, and Exterior Lighting Standards
	150.035	Purpose
	150.036	Exterior lighting plan
	150.037	Prohibited lighting
	150.038	Minimum standards
Landscaping
	150.070	Landscaping requirements
	150.071	Boundary landscape requirements
	150.072	Front and side yards
	150.073	Open and unimproved areas
	150.074	Owner responsibility
	150.075	Keeping natural or existing character
	150.076	Turf established
	150.077	Commercial and industrial property maintenance
	150.078	Conservation of vegetation
Wind Generators
	150.090	Intent
	150.091	Location
	150.092	Application
	150.093	Application review
	150.094	Duration and review
Wireless Communications Facilities
	150.110	Purpose and intent
	150.111	Permit requirements
	150.112	Proof of need
	150.113	Location requirements and site ranking analysis
	150.114	Co-location requirements
	150.115	Prohibited areas
	150.116	Zoning requirements
	150.117	Application and review procedures
	150.118	Expert review
	150.119	Construction permits
	150.120	Tower standards
	150.121	Wireless communications tower agreement
	150.122	Abandonment and removal
	150.123	Minimum conditions
Alarm Systems
	150.140	Purpose and intent
	150.141	Alarm systems
Amateur Radio Tower Antenna
	150.155	Purpose and intent
	150.156	Permit required
	150.157	Amateur radio tower antenna permit
	150.158	Planning Commission review
	150.159	City Council review
	150.160	Review and revocation
Open Space Preservation
	150.175	Purpose
	150.176	Intent
	150.177	Definitions
	150.178	Use regulations
	150.179	OP conditional use permit required
	150.180	Development standards
	150.181	Historic preservation
	150.182	OP development/concept plan
	150.183	OP development preliminary plan, preliminary plat, and conditional use permit
	150.184	OP development final plan
	150.185	Recording of final plat
	150.186	Building and other permits
	150.187	Limitation on final plat approval
	150.188	Method of amending an OP conditional use permit
	150.189	Information requirements; additions; exceptions
	150.190	Buffer setbacks in OP developments
Restrictive Soil Overlay District
	150.200	Legislative findings and purposes
	150.201	District boundaries
	150.202	Restrictive soils and development permit provisions
	150.203	Responsibility; effect
Wetland Protection and Preservation Overlay District (WPP)
	150.215	Legislative findings and purposes
	150.216	District boundaries
	150.217	Definitions
	150.218	Wetland permit provisions
	150.219	Responsibility; effect
Interstate Corridor Overlay District
	150.230	Purpose
	150.231	Permitted uses and structures
	150.232	Accessory uses and structures
	150.233	Conditional uses
	150.234	Minimum district requirements; interim uses
	150.235	Minimum district requirements; long-term uses
	150.236	Minimum district requirements; all uses
	150.237	Building type and construction
	150.238	S.A.C. unit determination
Shoreland District
	150.250	Purpose
	150.251	Intent
	150.252	Definitions
	150.253	Administration
	150.254	Shoreland classification
	150.255	Shoreland standards
	150.256	Non-conformities
	150.257	Subdivision/platting provisions
Storm Water and Erosion and Sediment Control
	150.270	Statutory authorization
	150.271	Findings
	150.272	Purpose
	150.273	Applicability
	150.274	Definitions
	150.275	Incorporations by reference
	150.276	Plan review procedure
	150.277	Performance and design standards
	150.278	Storm water facility maintenance
	150.279	Monitoring and inspections
	150.280	Enforcement
	150.281	Financial securities
	150.282	Storm water utility
	150.283	Lawn fertilizer regulations
	150.284	Other controls
Illicit Discharge and Connection
	150.300	Purpose
	150.301	Applicability
	150.302	Definitions
	150.303	Responsibility for administration
	150.304	Compatibility with other regulations
	150.305	Ultimate responsibility
	150.306	Discharge prohibitions
	150.307	Watercourse protection
	150.308	Industrial or construction activity discharges
	150.309	Requirement to prevent, control, and reduce storm water pollutants by the use of Best Management Practices
	150.310	Notification of spills
	150.311	Right of entry
	150.312	Enforcement
	150.313	Severability
	150.314	Authority
International Property Maintenance Code
	150.325	Adoption by reference
	150.326	Amendments
EXTERIOR STORAGE
§ 150.001  PROHIBITED WITHOUT SCREENING.
	(A)	Storage of property in Agricultural and Residential districts.  All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following:
		(1)	Laundry, drying;
		(2)	Recreational equipment commonly used in residential yards;
		(3)	Construction and landscaping materials, and equipment currently (within a period of 6 months) being used on the premises;
		(4)	Off-street parking of licensed operable passenger automobiles and pick-up trucks;
		(5)	Boats and trailers less than 25 feet in length, if stored in the rear yard more than 10 feet distant from any property line;
		(6)	Merchandise being displayed for sale in accordance with the provisions of the zoning code;
		(7)	Farm implements in the AG Zoning District; and/or
		(8)	Firewood storage for personal use.
	(B)	In non-residential districts, exterior storage of personal property may be permitted by conditional use permit provided the property is so stored for purposes relating to a use of the property permitted by the zoning code and will not be contrary to the intent and purpose of the zoning code.
(1997 Code, § 1340.03)
	(C)	Existing uses.  Existing uses shall comply with the provisions of §§ 150.001 et seq. within a reasonable time, not to exceed 6 months following the enactment of this code.
(1997 Code, § 1340.02)  Penalty, see § 10.99
§ 150.002  ALL DISTRICTS.
	(A)	In all districts, all refuse, rubbish, or garbage (as defined in § 11.01) shall be kept in an enclosed building or properly contained in a closed container designed for the purposes.
	(B)	The owner of vacant land shall be responsible for keeping the land free of refuse, rubbish, or garbage.
(1997 Code, § 1340.04)  Penalty, see § 10.99
§ 150.003  UNLICENSED PASSENGER VEHICLES AND TRUCKS.
	Unlicensed passenger vehicles and trucks shall not be parked in residential districts for a period exceeding 7 days.
(1997 Code, § 1340.05)  Penalty, see § 10.99
SCREENING
§ 150.020  REQUIRED SCREENING.
	(A)	Screening.  Screening shall be required in residential districts for any off-street parking area which contains more than 4 parking spaces and is within 30 feet of an adjoining residential lot.
	(B)	Business, industrial screening.  Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall be screened along the boundary of the residential property.  Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front.
	(C)	Exterior storage.  All exterior storage shall be screened as required by § 150.001.
	(D)	Mechanical apparatus on roofs.  All mechanical apparatus on roofs shall be screened.
	(E)	Loading docks.  Loading docks shall be screened from all streets and adjacent property unless they are at the rear of the building which abuts another commercial use.  The property owner may provide a 30 foot landscaped area between the dock and the property line where screening is not possible.
(1997 Code, § 1345.01)  Penalty, see § 10.99
LIGHTING, GLARE CONTROL, AND EXTERIOR LIGHTING STANDARDS
§ 150.035  PURPOSE.
	The purpose of §§ 150.035 et seq. is to regulate the spillover of light and glare on rural areas of the community, pedestrians, and land uses in the proximity of the light source to evaluate the impact of light source on the safety of adjacent traffic.
(1997 Code, § 1350.01)  (Am. Ord. 97-17, passed 9-16-1997)
§ 150.036  EXTERIOR LIGHTING PLAN.
	(A)	(1)	At the time any exterior light is installed or modified for projects, an exterior lighting plan shall be submitted to the city in order to determine whether the purpose and requirements of §§ 150.035 et seq. have been met.
		(2)	This plan will be prepared by a certified architect, landscape architect, or lighting designer.
	(B)	(1)	The applicant must provide a plan that identifies the location, size, and type of luminaire, and show how the applicant intends to comply with §§ 150.035 et seq.
		(2)	A photometric plan of the site and fixture data sheet must be submitted with a site plan for office, commercial, or any type of industrial project in order to determine the effect of the luminaire on surrounding properties.
		(3)	The applicant shall provide the fixture data sheet for residential lighting proposals.
(1997 Code, § 1350.03)  (Am. Ord. 97-17, passed 9-16-1997)  Penalty, see § 10.99
§ 150.037  PROHIBITED LIGHTING.
	(A)	Public roadway or street.  No lights shall be placed in view of any public roadway or street so that its beams or rays are directed at any portion of the roadway when light is of the brilliance and so positioned as to impair the vision of the driver of any motor vehicle.
	(B)	Luminaires.
		(1)	Except for "full cutoff luminaries" as defined in §§ 150.035 et seq., no luminaires are allowed which do not meet the standards outlined in §§ 150.035 et seq.
		(2)	See illustration below.
	(C)	Lighting in all zoning districts.  No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall be directed into any adjoining property.
	(D)	Bare light bulbs.  Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way.
	(E)	Light cast.  No light or combination of lights, which cast light on a public street, shall exceed 1 foot-candle.  Meter reading as measured from the centerline of the street, nor shall any light or combination of lights, which cast light on residential property, exceed 4/10 foot-candles.
(1997 Code, § 1350.04)  (Am. Ord. 97-17, passed 9-16-1997)  Penalty, see § 10.99
§ 150.038  MINIMUM STANDARDS.
	(A)	Minimum standards for lighting with a total cutoff angle of greater than 90 degrees.
		(1)	When a luminaire has a total cutoff of an angle greater than 90 degrees (see illustration below), the maximum illumination and the maximum permitted luminaire height is designated below.  This standard is designed to ensure that no light is emitted above a horizontal plane parallel to the ground.  In order to achieve a total cutoff at 90 degrees, the luminaire will emit maximum (peak) candle power at an angle not exceeding 75 degrees.  This angel is formed by the line at which maximum candlepower is emitted for the light source and a line perpendicular to the ground from the light source.
		(2)	Illumination may exceed the stated maximums for a radius of 20 feet measured from the center point of the light fixture, but shall not exceed those maximums beyond the exterior property line of the site upon which the fixture is located.
(Am. Ord. 97-104, passed 3-19-2002)
Use and District	Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles)	Maximum Permitted Height	
All Residential Districts	0.30	15 feet	
All Non-Residential Districts	1.50	20 feet	

	(B)	Minimum standards for lighting with a total cutoff angle of less than 90 degrees.
		(1)	When a luminaire has a total cutoff of light at an angle less than 90 degrees and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer 5 feet above the ground at the point where the cutoff angle intersects the ground, the maximum permitted illumination and the maximum permitted height is illustrated below.  This type of light fixture may be taller and provide greater illumination at the property line than the 1 specified above, because the design of this fixture ensures that its light source will not be directly visible off-site.
		(2)	Illumination may exceed the stated maximums for a radius of 20 feet measured from the center point of the light fixture, but shall not exceed those maximums beyond the exterior property line of the site upon which the fixture is located.
(Am. Ord. 97-104, passed 3-19-2002)
Use and District	Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles)	Maximum Permitted Height	
All Residential Districts	1.00	15 feet	
All Non-Residential Districts	3.00	30 feet	

	(C)	Minimum standards for lighting on agricultural lands.  When a permanent outdoor luminaire is placed on agricultural land, only Mercury lamps shall be permitted.
	(D)	Attachments.  Attachment entitled "Good Neighbor Outdoor Lighting" is on file in the Building Official's office, and can be found in Appendix A of this code.  This is the guide to be used for residential lighting.
(1997 Code, § 1350.05)  (Am. Ord. 97-17, passed 9-16-1997)  Penalty, see § 10.99
LANDSCAPING
§ 150.070  LANDSCAPING REQUIREMENTS.
	The landscaping required on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and mulch, plantings, or as may be reasonably necessary to protect the soil and aesthetic values on the lot and adjacent property.
(1997 Code, § 1365.01)  Penalty, see § 10.99
§ 150.071  BOUNDARY LANDSCAPE REQUIREMENTS.
	(A)	In all districts, all developed land shall have landscaping from the curb and gutter to the road right-of-way lines.
	(B)	This landscaped yard shall be kept clear of all structures, exterior storage, and off-street parking.  See also §§ 93.40 et seq.
(1997 Code, § 1365.02)  Penalty, see § 10.99
§ 150.072  FRONT AND SIDE YARDS.
	Landscaping shall be provided and maintained on all required front and side yards in all developed districts except where pavement or crushed stone is used for walkways, driveways, or parking areas.
(1997 Code, § 1365.03)  Penalty, see § 10.99
§ 150.073  OPEN AND UNIMPROVED AREAS.
	All open areas or any site, lot, tract, or parcel not otherwise improved shall be graded to provide adequate drainage and shall be landscaped.
(1997 Code, § 1365.04)  Penalty, see § 10.99
§ 150.074  OWNER RESPONSIBILITY.
	It shall be the responsibility of the owner to see that the landscaping is maintained in an attractive and well kept condition.
(1997 Code, § 1365.05)  Penalty, see § 10.99
§ 150.075  KEEPING NATURAL OR EXISTING CHARACTER.
	All lots, tracts, or parcels shall be properly maintained in accordance with their natural or existing character.
(1997 Code, § 1365.06)  Penalty, see § 10.99
§ 150.076  TURF ESTABLISHED.
	Turf must be established by the use of grass seed or sod on all lots, within 60 days of the issuance of a certificate of occupancy, excluding the time between October 1 and May 1. Turf must be established on all new developed lots by July 1, 2013. Alternate plans, other than turf, shall be approved by city staff prior to installation.
(Ord. 08-66, passed 1-15-2013)  Penalty, see § 10.99
§ 150.077  COMMERCIAL AND INDUSTRIAL PROPERTY MAINTENANCE.
	All commercial/industrial properties shall maintain trees, shrubs, landscaping, parking lots, and exterior signage. Dead trees and shrubs are to be replaced within four months of notice.
(Ord. 08-66, passed 1-15-2013)  Penalty, see § 10.99
§ 150.078  CONSERVATION OF VEGETATION.
	No person shall make any unauthorized use of any public site or open space which is detrimental to the turf and or soil conditions.
(Ord. 08-66, passed 1-15-2013)  Penalty, see § 10.99
WIND GENERATORS
§ 150.090  INTENT.
	(A)	Wind generators offer an alternative method of providing electrical power.
	(B)	It is the intent of the city to regulate the facilities in order to protect the safety and welfare of residents of the city and in order to prevent wind generators from becoming a nuisance.
(1997 Code, § 1385.01)
§ 150.091  LOCATION.
	Wind generators are permitted in the Rural Residential (RR) and Agricultural (AG) Zoning District upon issuance of a wind generator permit.
(1997 Code, § 1385.03)
§ 150.092  APPLICATION.
	(A)	Applicants for a wind generator permit shall complete application forms as provided by the City Administrator.
	(B)	The application shall include the following:
		(1)	A report from a professional engineer describing the proposed wind generator and certifying the safety of the device;
		(2)	A site plan of the applicant's property drawn to a scale of 1 inch equals 100 feet and illustrating the location of the wind generator and all other buildings or structures located within 300 feet of the base of the wind generator; and
		(3)	A statement indicating that the proposed wind generator is in compliance with all applicable regulations of the Federal Aviation Agency where appropriate.
(1997 Code, § 1385.04)  Penalty, see § 10.99
§ 150.093  APPLICATION REVIEW.
	(A)	The completed application shall be forwarded to the Building Inspector for review and recommendation.  Within 30 days of the receipt of the completed application, the City Administrator shall schedule a public hearing before the City Council to review the application.  The public hearing shall be preceded by 10-days mailed notice to all residents within 350 feet of the perimeter of the applicant's property.
	(B)	Wind generator permits shall be issued subject to the following conditions.
		(1)	The minimum lot size requirement shall be 40 acres.  The site must also be large enough to contain within it boundaries any debris resulting from tower failure and/or falling ice.
		(2)	The wind generator structure shall not exceed 125 feet in height.
		(3)	The wind generator and guy wires shall have a minimum setback of 150 feet from any property line.
		(4)	Fencing may be required if the structure poses a safety hazard to residents.
		(5)	Accessory buildings and guy wires must meet the setback requirements for the underlying zoning district.
		(6)	No lighting is allowed on the wind generator.
		(7)	Wind generators are prohibited in the Lake Elmo Airport Safety Zones.
		(8)	There shall be at least 1,000 feet between wind generators.
		(9)	If the applicant's property is subdivided into parcels of less than 40 acres, the wind generator shall be removed as a condition of the subdivision approval.
		(10)	Wind generator permits are not transferable.  Upon sale of the property, purchaser must apply for a new wind generator permit or remove the wind generator from the property.
(1997 Code, § 1385.05)  Penalty, see § 10.99
§ 150.094  DURATION AND REVIEW.
	(A)	Wind generator permits shall expire upon sale or subdivision of the property as provided above, but shall be reviewed annually.
	(B)	Wind generator permits may be revoked by an affirmative vote of 3 Council members for noncompliance with the conditions of the permit.
(1997 Code, § 1385.06)
WIRELESS COMMUNICATIONS FACILITIES
§ 150.110  PURPOSE AND INTENT.
	The purpose of this subchapter is to allow for and regulate the design, location, placement, construction, maintenance, and removal of wireless communications towers and antennae and to:
	(A)	Reasonably accommodate the provision of wireless telecommunication services to the general public;
	(B)	Provide safety/emergency service through the use of wireless communications facilities;
	(C)	Minimize adverse visual effects of wireless telecommunication towers, antennae, or accessory equipment through careful design and siting standards;
	(D)	Strictly control the location and design of wireless communications facilities so that allowed facilities will not be obtrusive or visually unpleasant and in particular, to protect residential property and neighborhoods from visually intrusive tower installations where reasonably possible;
	(E)	Provide clear standards governing all aspects of such facilities;
	(F)	Avoid potential damage to adjacent properties from tower failures through structural standards and setback requirements; 
	(G)	 Maximize the use of existing and approved towers, structures, and/or buildings for the location of new wireless telecommunication towers in order to reduce the number of the structures needed to accommodate wireless telecommunication services; and
	(H)	Allow new facilities only when a documented proof of need satisfactory to the city can be shown.
(Ord. 08-019, passed 11-4-2009)
§ 150.111  PERMIT REQUIREMENTS.
	(A)	All new wireless communications facilities shall require a conditional use permit in accordance with the zoning district requirements specified in § 150.115 with the exception of those facilities that are exempt from review under this chapter or that may be approved administratively with a wireless communications permit.
		(1)	A public hearing for a new wireless communications facility that requires a conditional use permit shall be preceded by 10 days mailed notice to record owners of property located within 1,000 feet of the parcel on which the tower will be located.
	(B)	Exemptions.  The following are exempt from review under this chapter:
		(1)	Television antennas, satellite dishes 1 meter (39 inches) in diameter or less;
		(2)	Satellite dishes used commercially and 3 meters in diameter or less;
		(3)	Receive only antennas;
		(4)	Amateur radio facilities, subject to other City Code requirements;
		(5)	Mobile services providing public information coverage of news events or of a temporary or emergency nature.
	(C)	Administrative review.  The following shall be allowed as a permitted use subject to the issuance of a wireless communications permit in accordance with § 150.115:
		(1)	Satellite dishes more than 1 meter (39 inches) in diameter;
		(2)	Ground mounted antennas not exceeding the maximum height allowed for structures in the underlying zoning district;
		(3)	Building mounted antennas not exceeding 25 feet above the highest part of the building to which they are attached;
		(4)	Utility pole mounted antennas not exceeding 25 feet above the highest part of the utility pole to which they are attached;
		(5)	Antennas co-located on an existing wireless communications facility structure.
(Ord. 08-019, passed 11-4-2009)
§ 150.112  PROOF OF NEED.
	(A)	As part of an application for a conditional use permit or wireless communications permit an applicant shall demonstrate proof of need by providing a coverage/interference analysis and capacity analysis, which indicates that the location and height of the tower or antennas as proposed is necessary to meet the frequency plus other spacing needs of the cellular communication system and/or to provide adequate portable radio coverage and capacity to areas which cannot be adequately served by locating the tower or antenna at another site.  The proof of need for the tower or antennae must be demonstrated to the satisfaction of the city by providing the city an analysis from a qualified professional RF engineer with experience in radio frequency analysis work, which is subject to acceptance by the city prior to commencing the work.
	(B)	The cost of the city's review, including an analysis of the proof of need, is the applicant's responsibility.  An escrow shall be established in an amount required by Council resolution for this purpose.
	(C)	The analysis and the material provided by the engineer shall include at least the following:
		(1)	Structural capacity analysis.  Provide an analysis of the impact of the proposed facility on the tower's carrying capacity of at least 3 antenna arrays required (using a typical maximum facility) under the co-location provision of this subchapter.
		(2)	Coverage/interference.  Provide an analysis for:
			(a)	City property and other public property with signal strength values (expressed in dBuy) for on street level, in vehicle, and in building level with said interference analysis indicating the protection afforded for all the frequencies in use or which could be in use by the city or other public safety agencies.
			(b)	Private property with signal strength values (expressed in dBuy) for on street level and in building level with said analysis indicating the protection afforded property within 1/2 mile of the proposed facility and site.
		(3)	System capacity analysis.  If the system coverage analysis does not show a coverage need, provide a system capacity analysis.
		(4)	Radio frequency radiation hazard analysis.  The analysis must address compliance with the most current FCC Bulletin OET 65 radiation standard.
		(5)	Map of existing and proposed facilities.  A map showing the location of all existing and any proposed towers within 2 miles of the site being considered.  Communications equipment and towers within this area shall be identified by type, function, ownership/users and height.  The capacity of existing towers located within 2 miles (the study area) to carry additional facilities must be provided.
		(6)	Map of existing buildings and structures.  A map showing the location of all existing buildings, water towers and structures 75 feet or more in height above the ground and within 2 miles of the site being considered.  The potential and efforts undertaken to use these buildings and structures as a supporting base for an antenna or communications facility purpose must be described and analyzed.
		(7)	Other information.  Any other information deemed necessary by the city in order to demonstrate the need for a new wireless communications facility.
		(8)	Exception.  If the request is limited to adding an antenna array on an existing tower without increasing the height of the tower support structure or otherwise permitted after an administration review under § 150.111, the city may waive some or all of the proof of need requirements listed above.
(Ord. 08-019, passed 11-4-2009)
§ 150.113  LOCATION REQUIREMENTS AND SITE RANKING ANALYSIS.
	(A)	Location requirements for new facilities.  If a new wireless communications facility is needed based on the materials and studies submitted and reviewed by the city, the following preferences, listed in ranked order, shall be followed and each preference shall be analyzed to determine the most appropriate location:
		(1)	Use of existing towers.  An existing tower may be used to support the proposed facility.  If no existing tower has additional capacity, a determination must be made to show if and how towers in the study area can be modified to accommodate the proposed facility.  The co-location requirements specified in § 150.114 shall be used to help determine whether or not an existing tower can be used to support a proposed facility.
		(2)	Use of existing structures.  An existing structure over 35 feet high may be used.  Preference shall be given to existing light poles, high voltage utility towers and water towers.
		(3)	Use of existing building 4 or more stories in height.  Public and commercial buildings or structures 4 or more stories high which can more likely accommodate facilities without obstructing views or being obtrusive to scenic views shall be given preference over shorter buildings.
		(4)	Within an existing easement that contains utility poles over 75 feet in height or within 100 feet of said right-of-way.
		(5)	Public land and facilities.  In situations in which one of the 4 options listed above is not feasible, land owned by the city or other public property shall have preference to private property.
		(6)	Private property within the City of Lake Elmo subject to the location and zoning requirements of this chapter and the following criteria:
			(a)	Less restrictive zoning districts shall be given preference over more restrictive zoning districts.  For example, proposed sites in commercial or industrial districts will be given preference over sites in residential, rural residential or agricultural zoning districts.
			(b)	Sites with the least visual impact on residential areas and which are the most consistent with the community's rural character shall be given preference.
	(B)	In cases where a lower ranked alternative is proposed, the applicant shall file a written analysis demonstrating that despite diligent efforts to adhere to the established hierarchy within the potential service area, as determined by a qualified radio frequency engineer, higher ranked options are not technologically feasible.  An application for a lower-ranked site shall be considered incomplete without this written documentation.
(Ord. 08-019, passed 10-4-2009)
§ 150.114  CO-LOCATION REQUIREMENTS.
	(A)	In accordance with the location requirements and site preferential ranking found in this chapter, wireless communication services shall be located on existing towers or structures which exceed 35 feet in height and which are located within the potential service area for the site being proposed by the applicant.  In the event that co-location is not possible, the applicant must demonstrate that a good faith effort to co- locate on existing towers and structures was made but an agreement could not be reached.
	(B)	Exceptions to co-location requirements.  The City Council shall waive any or all of the co-location requirements if it is determined that:
		(1)	The antennae and/or tower accessory equipment would cause the structural capacity of an existing or approved tower or building to be exceeded, as documented by a qualified and licensed professional engineer, and the existing or approved tower or building cannot be reinforced, modified, or replaced to accommodate the antennae or tower accessory equipment at a reasonable cost;
		(2)	The antennae and/or tower accessory equipment would cause interference materially impacting the usability of existing antennae or tower accessory equipment as documented by a qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost, or would otherwise prevent the use of existing antennae or related accessory equipment and structures;
		(3)	Existing or approved towers and buildings within the applicant’s search radius cannot or will not accommodate the antennae and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or
		(4)	Other unforeseen reasons make it infeasible to locate the antennae and/or tower accessory equipment upon an existing or approved tower or building.
(Ord. 08-019, passed 11-4-2009)
§ 150.115  PROHIBITED AREAS.
	Wireless telecommunication towers shall not be allowed in the following areas:
	(A)	Residentially zoned parcels (R-1, R-2, R-3, R-4, and RE zoning districts) of less than 2.5 acres or rural residential parcels of less than 5 acres unless the wireless telecommunication tower and ground facilities accessory thereto are located within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way;
	(B)	Open space easements or conservation easements; 
	(C)	Airport impact zones without consent of the F.A.A,; and/or
	(D)	Open space preservation zoning districts.
(Ord. 08-019, passed 11-4-2009)
§ 150.116  ZONING REQUIREMENTS.
	(A)	Wireless communications facilities that require a conditional use permit, including the installation of a new tower, shall be permitted in the following districts and subject to the following height restrictions provided they meet all other requirements of this subchapter.
Zoning District	Maximum Height  (in feet)	Minimum Parcel Area	
A- Agriculture	125	10	
RR - Rural Residential Zoning	125	5	
R-1, R-2, R-3 and R-4 Residential	125	2.5	
OP - Open Space	125	2.5	
RE - Residential Estates	125	2.5	
GB, LB, CB, HB - Business	125	5	
BP - Business Park	125	5	
PF - Public Facility	125	None	

	(B)	The City Council may increase the maximum height of a wireless communications facility by 25 feet in all residential and open space districts and 50 feet in agriculture, business and public facility districts provided that an applicant is able to demonstrate a need for a higher facility and/or that the additional height will serve a public interest in allowing fewer towers to serve a given area.
	(C)	Regardless of zoning district, new facilities may be allowed within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way.
	(D)	Public land exemption.  A wireless communication facility may be located on any parcel that is owned by the city or another public entity regardless of the zoning district or size of the property.
(Ord. 08-019, passed 11-4-2009)
§ 150.117  APPLICATION AND REVIEW PROCEDURES.
	(A)	Wireless communications permit (administrative approval).   An applicant seeking approval of a facility that can be approved administratively with a wireless communications permit shall follow all of the application requirements listed below for a conditional use permit but shall be exempt from those requirements found in the zoning code including the public hearing requirements.  An application found to comply with the provisions of this chapter may be approved by the Planning Director.  Approval shall be in writing , identifying the specific facility approved, the location, mounting height, and other pertinent information and any conditions of approval.  If the requested facility is to be located on public property, the agreement allowing the facility shall be approved by the City Council and executed prior to issuing the permit.
	(B)	Conditional use permit.  Wireless communications facilities that require a conditional use permit are subject to the requirements specified in the zoning code in addition to all requirements of § 150.110.  Applications shall be submitted on forms provided by the city and shall include the following information.
	(C)	A site plan drawn to scale acceptable to the Planning Director which illustrates:
		(1)	The parcel on which the tower and accessory ground facilities will be located;
		(2)	The existing and proposed buildings and structures on the tower parcel;
		(3)	The buildings located within 200 feet of the perimeter of the tower parcel; and
		(4)	Access easements as necessary to the tower parcel.
	(D)	A scaled drawing of the exterior of the proposed wireless communications facility, clearly showing the method of fencing, coloration, materials, and camouflage techniques being used.
	(E)	Photo-simulated post construction renderings of the proposed wireless communications facilities, equipment enclosures, and ancillary structures as they would look after construction from locations at the periphery of the proposed site, which shall, at a minimum, include renderings from the vantage point of any adjacent roadways and residential neighborhoods.  The renderings shall also include photo- simulations of the antenna supporting structure after it has been fully developed with antenna structures (the applicant may assume for the purpose of  the simulation that other antenna structures on the facility will resemble their proposed structure size and design).  A minimum of 2 such renderings shall be provided; additional renderings may be required if the city determines that additional views should be considered.
	(F)	Exterior paint or finish samples of the colors to be used in the construction of the wireless communication facility.
	(G)	A report from a qualified and licensed professional engineer which:
		(1)	Describes the wireless communication tower height and design including a cross-section and elevation;
		(2)	Certifies the wireless communication tower’s compliance with structural and electrical standards;
		(3)	Documents the height above grade for the mounting positions, which can be used for co- location and the minimum separation distances between the co-location positions; and
		(4)	Describes the wireless communication tower’s capacity to support antennae, including an example of the number and type of antennas that can be accommodated on the wireless communication tower.
	(H)	In conjunction with the information required to demonstrate the proof of need for a new facility under this subchapter, the applicant shall submit a 5-year plan for wireless telecommunication facilities to be located within the city.  The city acknowledges that the plans are fluid and in all likelihood will change depending upon market demands for the service.  The city will maintain an inventory of all existing and reasonably anticipated cell site installations.  The applicant shall provide the following written information in each 5-year plan and the plan must be updated with each submittal for a new wireless communication tower permit as necessary:
		(1)	A description of the radio frequencies to be used for each technology;
		(2)	A list of all existing sites to be upgraded or replaced, and proposed cell sites within the city for these services by the applicant; and
		(3)	A presentation size map of the city, which shows the 5-year plan for cell sites, or if individual properties are not known, the geographic service areas of the cell sites.
	(I)	An application fee in an amount prescribed from time to time by City Council resolution as necessary to reimburse the city for costs incurred to process the wireless communication tower permit application along with an escrow payment as prescribed by the City Council to cover the costs associated with the city's review of the permit.
	(J)	Confirmation that the applicant is properly licensed by the F.C.C., or is the authorized representative of a wireless communication provider properly licensed by the F.C.C.
	(K)	Written authorization from the property owner describing the area which will be subject to the tower lease.
	(L)	Documentation of the steps to be taken by applicant to avoid causing destructive interference to co-located previously established public safety communications facilities; and
	(M)	A detailed landscape plan, which indicates how tower accessory equipment will be screened.
(Ord. 08-019, passed 11-4-2009)
§ 150.118  EXPERT REVIEW.
	(A)	Where due to the complexity of the methodology or analysis required to review an application for a wireless communications facility, the Planning Director may require a technical review by a third party expert. The costs of this review shall be borne by the applicant, and shall be in addition to applicable conditional use or wireless communications permit, and building permit fees. The applicant shall submit an escrow deposit that may be applied towards the cost of such technical review upon notification from the Director that a technical review is required, and shall remit any outstanding balance to the city for such review prior to issuance of a building permit.  The maximum fee for such review and the required escrow deposit shall be in accordance with the fee schedule adopted by the City Council.
	(B)	The expert review may address any or all of the following:
		(1)	The accuracy and completeness of submissions;
		(2)	The applicability of analysis techniques and methodologies;
		(3)	The validity of conclusions reached;
		(4)	Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in these regulations;
		(5)	Other matters deemed by the city to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these regulations.
	(C)	Based on the results of the expert review, the city may require changes to the applicant's application and submittals.
	(D)	The applicant shall reimburse the city within 15 working days of the date of receipt of an invoice for expenses associated with the third party expert's review of the application.  Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full.
(Ord. 08-019, passed 11-4-2009)
§ 150.119  CONSTRUCTION  PERMITS.
	All wireless communication towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the requirements set forth in the Uniform Building Code.
(Ord. 08-019, passed 11-4-2009)
§ 150.120  TOWER STANDARDS.
	(A)	Wireless communication towers shall comply with the following standards unless the City Council grants a variance as necessary to reasonably accommodate the wireless communication tower.  Variance procedures shall be processed according to the zoning code.
	(B)	Design.
		(1)	To blend into the surrounding environment through the use of color; and architectural treatment and techniques that softens the visual impact of the wireless communication tower on the surrounding environment;
		(2)	To be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment;
		(3)	All proposed wireless communication tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least 2 additional users if the tower is over 100 feet in height or for at least 1 additional user if the tower is less than 100 feet in height; provided that this standard may be waived or otherwise modified by the City Council as necessary to allow the applicant to construct a wireless communication tower that better blends into the surrounding environment; and
		(4)	Where possible, all proposed wireless communication towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at various heights.
		(5)	All facilities shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, landscaping with native species, whenever feasible, and camouflage, and be compatible with existing architectural element, building materials, and other site characteristics.  The applicant shall use the least visible antennas possible to accomplish the coverage objectives.
	(C)	Adverse effects on properties.  
		(1)	New wireless communications facilities shall be configured and located in a manner that shall minimize adverse effects, including visual impacts on adjacent properties.  The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative and graphic form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration and location proposed.
		(2)	The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures: height and location, mass and scale, materials and color,existing and proposed vegetation and intervening structures.
		(3)	An applicant shall demonstrate through the photo-simulation requirements under § 150.114 that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent possible.
		(4)	All facilities that have the potential for high visibility shall be sited in such a manner as to cause the least detriment to the view shed of adjoining properties.
	(D)	Setbacks. 
		(1)	No communications tower shall be located in the required front, side or rear yard setback of any parcel.
		(2)	No freestanding communications tower shall be located closer than 125% of the tower height from any lot lines with the following exceptions:
			(a)	Towers in a side or rear yard that are adjacent to parcels zoned commercial, industrial or public facility.
		(3)	Setbacks from buildings:
			(a)	In residential zoning districts, wireless communications towers shall be set back a minimum of 100% of the tower height from a residential dwelling except for dwellings on the subject property.
			(b)	In all other zoning districts, the minimum setback between structures as required by the Building Code shall be observed.
		(4)	Use of existing light poles, high voltage poles or towers and other existing structures are exempt from the setback requirements provided that such pole, tower or structure is not increased in height.
		(5)	Wireless communications towers located within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way shall be exempt from the setbacks as herein required.
		(6)	A required setback may be reduced or its location in relation to a public street varied upon providing the city with a licensed professional engineer’s certification that the wireless communication tower is designed to collapse or fail within a distance or zone shorter than the required setback distance.
	(E)	Height.
		(1)	The maximum height of a wireless communications tower shall be determined based on the underlying zoning district and will be the amount specified in § 150.117.
	(F)	Lighting.  At night, wireless communication towers shall not be illuminated by artificial means, unless otherwise required by the Federal Aviation Administration (F.A.A.).
		(1)	White strobe lighting is prohibited.
		(2)	The applicant shall document the need for lighting as part of a new wireless communications facility application.
		(3)	A site that requires lighting shall only be accepted when no other suitable alternative exists.  A new tower may be rejected on the grounds that lighting will be a visual nuisance to surrounding properties.
	(G)	Landscaping and screening.  All wireless communications towers and related building facilities shall be landscaped and screened with natural vegetation to lessen the visual impact.  The natural vegetation on the site shall be documented on the site plans.  Suitable existing vegetation shall be retained to the maximum extent possible based on an analysis of the site.  New landscaping shall be selected that includes coniferous and deciduous plants and trees that are hardy for conditions on the site without the use of augmented water.
		(1)	Landscaping shall include ground cover, lower story, mid-story and upper story plants.  Plant density shall be sufficient to provide 80% opacity year round from the ground up to a distance of 5 feet high for 60% or more of the site with the planting to be located based on an analysis of the site in relation to the surrounding area.  Greater or lesser amounts and percentages may be required or allowed based on the city's review.
	(H)	Signs and advertising.  The use of any portion of a wireless communications tower for signs other than warning or equipment information is prohibited.
	(I)	Interference with public safety communication.  No wireless communication facility shall interfere with public safety communications.  All wireless communication towers/antennas shall comply with F.C.C. regulations and licensing requirements.
	(J)	Accessory utility buildings.  All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and compatible with adjacent buildings, and shall be permitted in addition to the number of accessory buildings otherwise allowed in each zoning district.
		(1)	Ground mounted equipment shall not be visible from beyond the boundaries of the site and shall be screened by a solid wall or fence and dense landscaping materials described in division (G) above.
		(2)	Accessory utility buildings shall observe the minimum setback requirements for accessory buildings in the underlying zoning district as well as all other applicable zoning and building requirements for accessory buildings.
	(K)	Maintenance.  All buildings and structures on the premises of the wireless communications facility shall observe the city's property maintenance standards of the city code.
(Ord. 08-019, passed 11-4-2009)
§ 150.121  WIRELESS COMMUNICATIONS TOWER AGREEMENT.
	(A)	If the application is approved by the city, a wireless communications tower permit and a building permit shall be issued upon the execution of a wireless communication tower agreement.
	(B)	The agreement shall be signed by the applicant and property owner and the terms of the agreement shall include the following:
		(1)	A list of the conditions of approval to the wireless communication tower permit;
		(2)	A statement indicating that failure to comply with the conditions of approval shall result in the removal of the wireless communication tower, antennae, or tower accessory equipment;
		(3)	A statement indicating that the expenses incurred by the city to enforce the provisions of the wireless communication tower agreement shall be reimbursed by the applicant;
		(4)	A statement, which requires the applicant to utilize the procedures established by the F.C.C. to resolve any complaints received relating to interference allegedly caused by the wireless communication tower; and
		(5)	A statement indicating that a wireless communication tower which has not been used for 6 consecutive months shall be deemed abandoned and may be required to be removed in accordance with § 150.123.  To ensure compliance with this provision, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover the removal or reduction costs.
(Ord. 08-019, passed 11-4-2009)
§ 150.122  ABANDONMENT AND REMOVAL.
	(A)	Towers and antennae shall be removed within 6 months of cessation of use.
	(B)	An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension.  The Planning Director may extend the time for removal or reactivation up to 60 days upon showing of a good cause.  If the tower or antennae is not removed in a timely fashion, the city may give notice that it will contract for removal within 30 days following written notice to the owner.  Thereafter, the city may cause removal and be reimbursed for all costs associated with said removal by drawing on the funds provided with the financial guarantee.
	(C)	Upon removal of the wireless communication facility, the site shall be returned to its natural state and topography and vegetated consistent with natural surroundings.
(Ord. 08-019, passed 11-4-2009)
§ 150.123  MINIMUM CONDITIONS.
	General conditions on a wireless communications permit may include, but not be limited to the following:
	(A)	An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit.
	(B)	The tower shall be set back a distance equal to the tower height from all property lines.  All accessory structures shall be set back a minimum of 20 feet from all side yard and rear yard property lines.
	(C)	Zoning permits shall be applied for and issued before any construction is started.
	(D)	Prior to application for a conditional use permit, applicant must obtain F.A.A. approval and/or provide documentation that F.A.A. approval is not needed.
	(E)	Applicant must obtain F.C.C. licensure and approval as required for various communications applications.
	(F)	Applicant must submit proof of liability and worker's compensation insurance.
	(G)	Proof that towers and their antennas have been designed by, and following completion of construction were inspected by a qualified and licensed professional engineer (at the applicant's expense) to conform to applicable state structural building standards and all other applicable reviewing agencies and to conform with accepted electrical engineering methods and practices as specified in applicable provisions of the National Electrical Code.
	(H)	Metal towers shall be constructed of, or treated with, corrosive resistant material.
	(I)	The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval.  An amendment to a conditional use permit shall typically not be required.
	(J)	All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate.
	(K)	All towers and their antennas shall utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environmentally to the greatest extent possible.
	(L)	No part of any antenna or tower, nor any lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right-of-way, public street, highway or sidewalk without approval by the city through the zoning permit approval process.
	(M)	All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the city.  After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading.  Electronic equipment shall not be removed in advance of removal of obsolete or unused towers.  To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility.  Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument.
	(N)	The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility.
	(O)	For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site.  A registered professional engineer hired by the provider must sign these measurements and report.  At a minimum, the report must document any changes to the site over the course of the previous year.
	(P)	All towers must be approved by the F.A.A. and registered with the F.C.C. prior to the issuance of a building permit for a new facility.
(Ord. 08-019, passed 11-4-2009)
ALARM SYSTEMS
§ 150.140  PURPOSE AND INTENT.
	(A)	The purpose of §§ 150.140 et seq. is to encourage security, fire, or medical alarm users and alarm businesses (including, but not limited to, sales, installation, and/or monitoring) to maintain the operation reliability and the proper use of alarm systems so as to limit unnecessary police, fire, and emergency medical responses to false alarms and alarm malfunctions.
	(B)	Sections 150.140 et seq. governs burglary, robbery, intrusion, fire, and medical emergency false alarms, provides for service fees for excessive false alarms, and provides for issuance of citations or assessment of service fees.
(1997 Code, § 1395.01)  (Ord. passed 2-15-2000)
§ 150.141  ALARM SYSTEMS.
	(A)	False alarm warning notice.  Each time the Washington County Sheriffs Office and/or the Lake Elmo Fire Department responds to a false alarm due to system malfunction or when no reason can be determined for the false alarm, the Washington County Sheriffs Office shall issue a false alarm warning notice.
	(B)	Service fee.  A service fee for excessive false alarms shall be charged as follows.
		(1)	No service fee shall be charged for the first 3 false alarms that occur within a 12-month period calculated from the date of the first alarm.
		(2)	More than 3 false alarms and up to and including 6 false alarms within a 12-month period shall result in a service fee.  The fee shall be set from time to time by ordinance of the City Council.
		(3)	More than 6 false alarms within a 12-month period shall result in a service fee.  The fee shall be set from time to time by resolution of the City Council.
		(4)	The City of Lake Elmo based on false alarm response records provided by the Washington County Sheriff's Office will bill the service fee.
	(C)	Service fee exceptions.  No service fee shall be assessed if the false alarm is:
		(1)	Caused by an electrical storm, tornado, or other act of God where there is clear evidence of physical damage to the alarm system;
		(2)	Caused by intermittent disruption of telephone circuits beyond the control of the alarm site owner;
		(3)	Caused by electrical power disruption or failure more than 2 hours beyond the control of the alarm owner; and/or
		(4)	At a location where the Washington County Sheriffs Department has installed the Varda or other similar alarms.
	(D)	Requirement of payment of service fee.  All false alarm service fees are due and payable within 30 days from date of invoice.  In the event that false alarm service fees are not paid as required by §§ 150.140 et seq., all delinquent accounts may be certified to the City Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served.  The assessment roll shall be delivered to the Council for adoption on or before October 1 of each year.  Upon approval of the assessment roll, the City Administrator shall certify to the County Auditor the amount due.  The County Auditor shall then enter the amount as part of the tax levy on the premises to be collected during the coming year.  The action may be optional or subsequent to taking legal action to collect delinquent accounts.
	(E)	Violations.  A person commits an offense in violation of §§ 150.140 et seq. if the person suffers or permits 3 or more false alarms within a 12-month period.
(1997 Code, § 1395.03)  (Ord. passed 2-15-2000)  Penalty, see § 10.99
AMATEUR RADIO TOWER ANTENNA
§ 150.155  PURPOSE AND INTENT.
	The city's amateur radio tower antenna regulations are adopted in order to:
	(A)	Facilitate the provision of amateur radio tower antenna services to the residents and businesses of the city;
	(B)	Minimize adverse visual effects amateur radio tower antennas through careful design and siting standards;
	(C)	Minimize adverse visual effects of amateur radio tower antennas; and
	(D)	Avoid potential damage to adjacent properties from amateur radio tower antenna failures through structural standards and setback requirements.
(Ord. 97-84, passed - -)
§ 150.156  PERMIT REQUIRED.
	No person shall install an amateur radio tower antenna higher that what is permitted in the zone in which it is located without first receiving the appropriate permit.
(Ord. 97-84, passed - -)  Penalty, see § 10.99
§ 150.157  AMATEUR RADIO TOWER ANTENNA PERMIT.
	(A)	Applications for a amateur radio tower antenna permit shall be submitted to the City Planner, and shall include the following:
	(B)	(1)	A survey drawn to scale, which illustrates the parcel on which the antenna will be located, buildings located on the parcel, buildings located with 100 feet of the parcel, and the location of the proposed amateur radio tower antenna;
		(2)	A drawing to scale, which illustrates the antenna's relative size and visibility from adjoining property.  Amateur radio tower antenna structures shall not exceed 120 feet in height.  The amateur radio tower antenna must be set back from all adjoining property lines a distance no less than the height of the amateur radio tower antenna plus 15 feet;
		(3)	Documentation from the amateur radio tower antenna manufacturer showing construction details and construction materials;
		(4)	Mailing addresses for all property owners of record located within 350 feet of the subject property; and
		(5)	A copy of the applicant's F.C.C. amateur radio license.
(Ord. 97-84, passed - -)
§ 150.158  PLANNING COMMISSION REVIEW.
	(A)	Upon receipt of a completed application, the City Planner shall schedule a hearing before the Planning Commission, which shall be preceded by 10-days mailed notice to the record owners of property located within 350 feet of the parcel on which the amateur radio tower antenna will be located.
	(B)	The Planning Commission shall make recommendations to the City Council regarding the issuance of amateur radio tower antenna permit and, in particular, concerning the following:
		(1)	The reasonable necessity for the amateur radio tower antenna;
		(2)	The appropriateness of the amateur radio tower antenna design;
		(3)	The appropriateness of the amateur radio tower antenna's construction materials and assembly;
		(4)	Maintenance requirements; and/or
		(5)	The distance of the amateur radio tower antenna from adjoining property lines.
(Ord. 97-84, passed - -)
§ 150.159  CITY COUNCIL REVIEW.
	(A)	Upon receipt of Planning Commission recommendations, the City Council shall review the application.  The City Council may approve the application subject to conditions, table its review until a date certain, or deny the application for an amateur radio tower antenna permit.  If the application is approved by the City Council, an amateur radio tower antenna and a building permit shall be issued upon the execution of an amateur radio tower antenna agreement.
	(B)	The terms of the amateur radio tower antenna agreement shall include the following:
		(1)	A list of the conditions of approval to the amateur radio tower antenna permit;
		(2)	A statement indicating that failure to comply with the conditions of approval shall result in the removal of the amateur radio tower antenna structure;
		(3)	A statement indicating that the expenses incurred by the city to enforce the provisions of the amateur radio tower antenna agreement shall be reimbursed by the applicant;
		(4)	A statement, which requires the applicant to use the procedures established by the F.C.C. to resolve any complaints received relating to interference allegedly caused by the amateur radio tower antenna; and
		(5)	A statement indicating that the amateur radio tower antenna permit shall be valid during the term of the amateur radio tower antenna agreement and only while the applicant resides on the property.
(Ord. 97-84, passed - -)
§ 150.160  REVIEW AND REVOCATION.
	The City Planner shall inspect the property at least annually for compliance with the provisions of the amateur radio tower antenna agreement.  If the permittee does not comply with the terms of the agreement, a hearing shall be scheduled before the City Council for determining whether to terminate the agreement.  The hearing shall be preceded by 10-days mailed notice to occupants of property within 350 feet of the lot on which the amateur radio tower antenna is located.
(Ord. 97-84, passed - -)
OPEN SPACE PRESERVATION
§ 150.175  PURPOSE.
	(A)	The purpose of open space preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan.  This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure.
	(B	Protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods.
(Ord. 97-79, passed 5-1-2001)
§ 150.176  INTENT.
	(A)	It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a conditional use permit for portions of property currently zoned Agricultural, Rural Residential, and Rural Estate; and by adopting the comprehensive development regulations contained herein.
	(B)	In return for requiring preserved open space as contained herein; it is the intent of the City of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential, and RE Residential Estate.
(Ord. 97-79, passed 5-1-2001)
§ 150.177  DEFINITIONS.
	Unless specifically defined in §§ 150.175 et seq., common definitions, words, and phrases used in §§ 150.175 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01.
(Ord. 97-79, passed 5-1-2001)
§ 150.178  USE REGULATIONS.
	Within OP, the following uses are allowed.
	(A)	Permitted uses.
		(1)	Single-family, detached;
		(2)	Preserved open space;
		(3)	Conservation easements;
		(4)	Agriculture;
		(5)	Suburban farms;
		(6)	Private stables;
		(7)	Single-family, attached;
		(8)	Townhouses (no more than 25% in any development); 
		(9)	Wayside stand.
	(B)	Accessory uses.  Uses that are typically found accessory to a permitted use.
	(C)	Prohibited uses.  All other uses are hereby prohibited.
(Ord. 97-79, passed 5-1-2001; Am. Ord. 08-006, passed 6-17-2008; Am. Ord. 08-31-A, passed 10-5-2010)  Penalty, see § 10.99
§ 150.179  OP CONDITIONAL USE PERMIT REQUIRED.
	No property may be developed responsive to §§ 150.175 et seq. unless approval is obtained from the City Council following its approval of the concept plan, development stage plan, conditional use permit, and final plan described herein.  Applications for Council approval shall be submitted on forms provided by the City Administrator together with all required fees, maps, surveys, and planning data.  Only completed applications shall be referred to the Planning Commission for review.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.180  DEVELOPMENT STANDARDS.
	(A)	OP developments shall comply with the following minimum standards unless modified by 4/5 affirmative votes of the City Council.
	(B)	(1)	Land area.  Applications for a residential development in the OP District shall meet all the following criteria.
			(a)	The minimum land area for an OP conditional use permit is a nominal contiguous 40 acres.  The ratio of parcel length to width shall not exceed 3 to 1.  The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan.  The total number of dwelling units within an OP development shall not exceed the density limitations contained in the Comprehensive Plan for OP Districts.
			(b)	The total preserved open space area within the OP development shall be at least 50% of the total buildable land area, as defined by § 11.01.  Areas not meeting the definition of buildable land area shall not be not be considered to be preserved open space in determining the amount of preserved open space proposed.
			(c)	Dwelling units shall be grouped so that at least 50% of the buildable land area of the proposed development remains preserved open space.  The preserved open space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas.
		(2)	Open space easement required.
			(a)	Preserved open space standards.
				1.	All preserved open space shall be subject to a conservation easement and used for the purposes as defined by §§ 150.175 et seq.  The land shall be controlled in 1 or more following manners as determined in the city's sole discretion:
					a.	Owned by an individual or legal entity who will use the land for preserved open space purposes as provided by permanent conservation restrictions (in accordance with M.S. Ch. 84C.01-.05, as it may be amended from time to time), to an acceptable land trust as approved by the city; and/or
					b.	Conveyed by conservation easement to the city.
				2.	Not less than 60% of the preserved open space shall be in contiguous parcels of not less than 10 acres.
				3.	Parks and recreational facilities shall be provided in addition to preserved open space as specified in the Lake Elmo Parks Plan; and, consistent with the park dedication and fees-in-lieu standards as specified by Chapter 153.
				4.	The preserved open space land shall be maintained for the purposes for which it was set aside.  If preserved open space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation.  Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the city, describing land management practices to be followed by the party or parties responsible for maintaining the preserved open space.
				5.	Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities.  The homeowner's association agreements, guaranteeing continuing maintenance, and giving lien right to the city if there is lack of the maintenance shall be submitted to the city as part of the documentation requirements of §§ 150.175 et seq. for a final plan.
				6.	Preserved open space parcels uses shall be contiguous with preserved open space or public park, on adjacent parcels.
			(b)	Lot design.  Lots shall be designed to achieve the following objectives (listed in order of priority):
				1.	On the most suitable soils for sub-surface septic disposal;
				2.	On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for the agricultural use;
				3.	Within any woodland contained in the parcel, or along the far edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features);
				4.	In locations least likely to block or interrupt scenic vistas, as viewed from Highway 36 and Highway 5 corridors, and other local roads as designated in the Comprehensive Plan; and
				5.	Away from woodlands in open fields.
			(c)	Structures.  Homes shall be oriented on the site that meets the criteria of rural hamlet.  It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches.
			(d)	Buffer zones.  Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP ordinance due to insufficient parcel area, a 200 foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development.  Driving surfaces that cross the setback area at a 90 degree angle shall be the only exception.  Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted.  The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development.  The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council.
			(e)	Boulevard landscaping.  Boulevard landscaping is required along all streets to consist of at least 1 tree per every 30 feet or placed in dusters at the same ratio.  A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level.
			(f)	Pathway.  A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road.  Pathways shall be linked to the "Old Village" to emphasize the connection between existing and new development.  Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development.  Pathways shall be constructed of asphalt or concrete in compliance with the standard city design plate for OP trails.
			(g)	Densities.  The maximum dwelling unit density shall be 18 units per 40 gross acres of buildable land.
			(h)	Minimum district requirements.
Open Space Preservation District (OP)	
	Single-Family	Townhouse	
Maximum Building Height:			
    Primary Structure	2 and ½ stories or 35 feet	2 and ½ stories or 35 feet	
    Accessory Structure	25 feet	1 story or 20 feet, whichever is less	
Minimum Lot Width:
    ½ acre lot; 1 acre lot	NA	NA	
Maximum Impervious Surface Coverage:
Gross Lot Area	20%.  This percentage may be increased to 25% provided a pervious paver or comparable system is installed consistent with the City of Lake Elmo Engineering Standards Manual or storm water mitigation measures are installed to mitigate the runoff created by the additional coverage above the base district amount.  All mitigation measures must be approved by the City Engineer.	NA	
Minimum Setback Requirements:			
    Front Yard	30 feet	20 feet	

Open Space Preservation District (OP)	
	Single-Family	Townhouse	
    Side Yard	15 feet or 10% of lot width, whichever is greater	15 feet or 10% of lot width, whichever is greater	
    Corner Lot Front	30 feet	30 feet	
    Corner Lot Side Yard	30 feet	30 feet	
    Rear Yard	20 feet	20 feet	
 Buffer Setback	See (d) Buffer zone above

See city staff or website for individual requirements	See (d) Buffer zone above

See city staff or website for individual requirements	
    Well From Septic Tank	50 feet	50 feet	
Minimum Lot Size:			
    Individual Well and Septic System	1 acre	NA	
    Individual Well and Communal Drainfield	½ acre	8,000 square feet per unit	

			(i)	Utilities.
				1.	OP developments may be platted to accommodate home site lots with either individual septic tanks and drainfields; or, with individual septic tanks and communal drainfields.  Single-family or multiple-family lots under 1 acre shall be constructed with an individual septic tank and a communal drainfield.
				2.	All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its appendices, or the M.P.C.A. standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code.
				3.	Communal drainfields may be partially or completely located in an area designated as preserved open space provided:
					a.	The ground cover is restored to its natural condition after installation; and
					b.	Recreational uses are prohibited above or within 50 feet of communal drainfields, or as approved by the City Engineer.
				4.	No wetland treatment system shall be allowed within the village green.
			(j)	Streets.  Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation.
				1.	Streets shall be designed according to the following standards; pavement shall be 14 to 16 feet wide for 1-way streets; pavement shall be 22 to 24 feet wide for 2-way streets; and the pavement width shall be 22 to 24 feet for streets where homes are located on 1 side of the street.
				2.	The minimum street right-of-way for 1-way streets shall be 40 feet and the minimum right-of-way for 2-way street shall be 50 feet.
				3.	Streets shall not be constructed with a rural cross-section.
(Ord. 97-79, passed 5-1-2001; Am. Ord. 97-184, passed 10-3-2006; Am. Ord. 97-199, passed 11-5-2007; Am. Ord. 08-008, passed 8-19-2008; Am. Ord. 08-035, passed 11-16-2010)  Penalty, see § 10.99
§ 150.181  HISTORIC PRESERVATION.
	Historic structures on the site shall be identified.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.182  OP DEVELOPMENT/CONCEPT PLAN.
	(A)	Required submittals; OP development/concept plan.  The applicant shall submit 20 copies of a concept plan for a development of an OP that shall include the following information.
		(1)	An existing conditions plan which identifies the following (drawn to a scale of 1 inch equal to 100 feet):
			(a)	Primary conservation areas;
			(b)	Secondary conservation areas;
			(c)	Site topography at 2 foot contour interval; and
			(d)	Location and description of existing vegetative cover.
		(2)	A general site plan to include the general location of all platted lots, streets, and open space areas, structures, trails, common open spaces, and parks (drawn to scale of 1 inch equal to 100 feet).
		(3)	The applicant shall submit a schedule of site characteristics, calculated in acres, which shall include the following.
			(a)	Environmental resources.  Include map and calculated acreage of the following:
				1.	Total site;
				2.	Protected wetlands;
				3.	Wetland buffer/setback area;
				4.	12% - 24% sloped area;
				5.	25% + sloped area; and
				6.	Woodlands.
			(b)	Public improvements.  Include map and calculated acreage of the following:
				1.	Public road right-of-way;
				2.	Drainage way and ponding areas;
				3.	Trails/bikeways and sidewalks (outside of road right-of-way);
				4.	Utility easements; and
				5.	Public parks.
			(c)	Proposed development.  Include map and calculated acreage of the following:
				1.	Total residential area;
				2.	Total commercial land area; and
				3.	Total preserved open space.
			(d)	A general landscape plan.
			(e)	Statement of intent.  If applicable, provide a statement of intent establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following:
				1.	Ownership, management, and maintenance of defined preserved open space;
				2.	Maintenance of public and private utilities; and
				3.	General architectural guidelines for principal and accessory structures.
			(f)	Proposed staging plan.
			(g)	Historic preservation plan.  Where applicable, an historic preservation plan for any historic structures on the site.
	(B)	Planning Commission review.
		(1)	Upon receipt of a completed application for an OP development/concept plan as certified to by the City Planner, the Planning Commission shall review OP development concept plan application at a public hearing preceded by 10-days published notice and 2-weeks mailed notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development.
		(2)	The Planning Commission shall make its recommendations to the City Council within 30 days of receipt of a complete application, and shall include its findings on the following.
			(a)	The concept plan is consistent with the goals, objectives, and policies of the Comprehensive Plan.
			(b)	The concept plan is consistent with the purpose of §§ 150.175 et seq.
			(c)	The concept plan complies with the development standards of §§ 150.175 et seq.
	(C)	City Council review.  The City Council shall review and approve or deny OP development concept plan within thirty days of the receipt of a completed application.  The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is consented to the by the applicant on the record. OP development concept plan approval shall require 3 affirmative votes of the City Council.
	(D)	Limitation of approval.  Unless an OP development preliminary plan is submitted within 12 months from the date on which the City Council approved the OP development concept plan, the concept plan approval shall expire.  The City Council, in its sole discretion, may extend the filing deadline for an OP development preliminary plan and conditional use permit if an application for extension is filed and approved by the City Council before the OP development concept plan approval expires.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.183  OP DEVELOPMENT PRELIMINARY PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT.
	(A)	Submittals.  The OP development preliminary plan shall include the following:
		(1)	A statement of city action necessary for implementation of the proposed plan;
		(2)	Twenty sets of site plans, drawn to scale of not less than 1 inch equals 100 feet containing at least the following information:
			(a)	Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in Washington County);
			(b)	Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development;
			(c)	Location, dimensions, and number of all driveways, entrances, curb cuts, par stalls, loading spaces, and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage of all circulation elements;
			(d)	Location, designation, and total area of all preserved open space;
			(e)	Location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities;
			(f)	Proposed lots and blocks, if any, and numbering system;
			(g)	The location, use, and size of structures and other land use on adjacent properties;
			(h)	Preliminary sketches of proposed landscaping;
			(i)	General grading and drainage plans for the developed OP development in conjunction with a Storm Water Management Plan as identified in § 150.277;
			(j)	The development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than 2 successful test results for each proposed septic disposal area; and
			(k)	Any other information that may have been required by the City Council in conjunction with the approval of the OP development concept plan.
		(3)	An accurate legal description of the entire area within the OP development for which development plans approval is sought;
		(4)	Architectural and performance standards for the development;
		(5)	Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation.  The plan should clearly reflect the site treatment and its conformance with the approved concept plan;
		(6)	A preliminary plat prepared in accordance with M.S. Ch. 505, as it may be amended from time to time, Chapter 153 of the Lake Elmo Municipal Code, and other applicable laws;
		(7)	A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures.  See also § 150.277 regarding Erosion and Sediment Control Plan requirements; and
		(8)	Homeowner's Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements.
	(B)	Planning Commission review.  Upon receipt of a complete OP development preliminary plan by the city, as certified as complete by the City Planner, the City Planner shall refer the preliminary plan to the appropriate city staff, consultants, and other review agencies.  The Planning Commission shall review the OP development preliminary plan and shall schedule public hearings as required for preliminary plat and conditional use permit review within 30 days of the City Planner's receipt of a completed application and shall make its recommendations to the City Council regarding the preliminary plan, conditional use permit, and preliminary plat.
	(C)	City Council review.
		(1)	Within 60 days of the city receipt of a complete application, the City Council shall review the OP development preliminary plan, conditional use permit, and the preliminary plat.  The OP development plan, conditional use permit, and preliminary plat shall require 3 affirmative council votes for approval.
		(2)	Upon approval, the City Council shall instruct the City Attorney to draw up an OP development agreement that stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant.  This agreement shall be signed by the Mayor, City Administrator, and applicant within 30 days of Council approval of the OP development preliminary plan and conditional use permit.
	(D)	Limitation on preliminary plan approval.  Unless a final plan covering the area designated in the preliminary development plan as the first stage of the OP development has been filed within 6 months from the date Council grants approval, or in any case where the applicant fails to file final plans and to proceed with the development according to the provisions of §§ 150.175 et seq., the preliminary development plan and conditional use permit shall expire.  The Council may, at its discretion, extend the filing deadline for any final plan when, for good cause shown, the extension is reasonable.  In any case where preliminary development plan and conditional use permit approval expires, the concept plan approval and preliminary development plan approval for that portion of the OP development that has not received final plan approval is void.
(Ord. 97-79, passed 5-1-2001; Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 150.184  OP DEVELOPMENT FINAL PLAN.
	(A)	The purpose of the final plans is to provide a complete, thorough, and permanent public record of the OP development and the manner in which it is to be developed.  It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP development process.  It shall serve in conjunction with other city ordinances as the land use regulation applicable to the OP development.
	(B)	(1)	Submittals required.  After approval of the concept plan and preliminary plan for an OP development, the applicant shall submit the following material for review by the city staff prior to the issuance of any building related permits:
			(a)	A detailed landscaping plan;
			(b)	All easements and restrictive covenants;
			(c)	All certificates, seals, and signatures required for the dedication of land and recording of documents;
			(d)	General architectural working drawings of all historic structures to be rehabilitated;
			(e)	Final engineering plans and specifications for streets, utilities, and other public improvements, together with all required development agreements for the installation of the improvements;
			(f)	Any other plans, agreements, or specifications reasonably necessary for the city staff to review the proposed construction; and
			(g)	Final plat.
		(2)	City Council review.  The final plan is intended only to add administration detail to, and to put in final form, the information contained in the concept plan and the preliminary development plan, and shall conform to the concept plan and preliminary development plan.  The city shall review and approve the final plan and final plat within 60 days of receipt of a complete final OP development plan and final plat, as certified as complete by the City Planner.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.185  RECORDING OF FINAL PLAT.
	The applicant shall submit to the city the recordable final plat drawings; all easements, deeds, plans, fees, financial security, and the other documentation as may be required by the development agreement within 30 days of final plan and final plat approval by the City Council.  The recordable Final Plat, approval resolution, and the other documents that require recording shall be released by the city to the applicant for the recording only upon review and approval by appropriate city staff; and, execution by the applicant and required city officials.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.186  BUILDING AND OTHER PERMITS.
	Except as otherwise expressly provided herein, upon receiving written notice from the City Planner that the approved final plan has been recorded and all conditions of approval satisfied, the City Building official may issue building and other permits to the applicant for development, construction, and other work in the area encompassed by the approved final plan; provided, however, that no permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied.
(Ord. 97-79, passed 5-1-2001)
§ 150.187  LIMITATION ON FINAL PLAT APPROVAL.
	Within 18 months after approval of a final plan for OP development, or the shorter time as may be established by the approved development schedule, construction shall commence according to the approved plan.  Failure to commence construction within the period shall automatically render void the OP conditional use permit and all approvals for the final OP development plan.  The City Council may at is discretion extend the construction time as necessary when good cause is shown.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.188  METHOD OF AMENDING AN OP CONDITIONAL USE PERMIT.
	Any desired change involving structural alteration, enlargement, or intensification of the use, not specifically allowed by the specific terms of a previously passed OP conditional use permit, shall require that an application be filed for an amended permit and all procedures shall then apply as if a new permit was applied for.
(Ord. 97-79, passed 5-1-2001)  Penalty, see § 10.99
§ 150.189  INFORMATION REQUIREMENTS; ADDITIONS; EXCEPTIONS.
	The City Administrator shall maintain a record of all permits issued, including information on the use, locations, conditions imposed, time limits, review dates, and the other information as may be appropriate.
(Ord. 97-79, passed 5-1-2001)
§ 150.190  BUFFER SETBACKS IN OP DEVELOPMENTS.
	Buffer setbacks shall be applied from the edge of the ope space preservation zoning districts as follows.
Recommended Buffer Setbacks in OP Developments (in feet)	
	North Edge	South Edge	West Edge	East Edge	Exception Parcel(s)	
St. Croix’s Sanctuary	200	50	50	100		
Discover Crossing	200	100	50	100		
Whistling Valley I	25	200	N/A	N/A		
Whistling Valley 1I	25	100	85	N/A		
Whistling Valley III	50	100	100	N/A		
Farms of Lake Elmo	100	50	100	25		
Prairie Hamlet	200	50	50	100		
Fields of St. Croix I	50	N/A	200	100		
Fields of St. Croix 1I	N/A	200	200	N/A	N/A	
The Homestead	50	50	200	50		
Tapestry at Charlotte’s Grove	50	50	200	50	100	
Tamarack Farm Estates	100	100	100	100		
Sunfish Ponds	100	100	100	200		
Hamlet on Sunfish Lake	50	100	50	50		
Cardinal Ridge	100	200	50	50		
Wildflower Shoves	100	200	100	200		

Recommended Buffer Setbacks in OP Developments (in feet)	
	North Edge	South Edge	West Edge	East Edge	Exception Parcel(s)	
Heritage Farms	50	N/A	N/A	50	N/A	
Tana Ridge (Res. 2009-033)	N/A	N/A	50	50		
Parkview Estates (Res. 2009-033)	50; except Lot 9, Block 5 use 20 ft	N/A	N/A	50		
Meyers Pineridge	50	50	100	200		
5010 Keats Ave. (Meyers Pineridge)	0	0	0	0		

(Ord. 08-021, passed 12-15-2009; Am. Ord. 08-034, passed 11-16-2010)
RESTRICTIVE SOIL OVERLAY DISTRICT
§ 150.200  LEGISLATIVE FINDINGS AND PURPOSES.
	(A)	Findings.  The city finds that certain areas within the municipality are characterized by certain soil types, slopes, and water levels which, without proper corrective action, are unsuitable for development of any type; inappropriate development in these areas increases soil erosion and sedimentation, the introduction of toxic materials into ground water, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies, contributing to the detriment of the health, safety, and welfare of the citizens of the city.
	(B)	Purpose.  The purpose of §§ 150.200 et seq. is to provide for the regulation of development on restrictive soils in a way as to minimize the risk of environmental damage and to protect private homeowners and governmental units from incurring high maintenance and capital costs resulting from the necessity to correct deficiencies encountered as a result of development on poorly suited soils.
(1997 Code, § 310.01)
§ 150.201  DISTRICT BOUNDARIES.
	Sections 150.200 et seq. shall apply to areas within the city which are delineated on the official soils maps of the city and have soil types set forth in Table A in § 150.203(D)(2).  For purposes of determining the application of §§ 150.200 et seq. to any particular parcel of land, the above-referenced map shall be on file in the office of the Zoning Administrator and shall be available for inspection and copying.
(1997 Code, § 310.02)
§ 150.202  RESTRICTIVE SOILS AND DEVELOPMENT PERMIT PROVISIONS.
	(A)	Permit.  Except as provided in §§ 150.200 et seq., no person shall erect any structure within the restrictive soils overlay district without having first obtained a written permit from the Zoning Administrator authorizing erection of the structure.
	(B)	Exceptions.  The permit requirements established by §§ 150.200 et seq. shall not apply to:
		(1)	Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by the public agency;
		(2)	Emergency work necessary to preserve life or property.  When emergency work is performed under §§ 150.200 et seq., the person performing it shall report the pertinent facts relating to the work to the Zoning Administrator prior to the commencement of the work.  The Zoning Administrator shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception.  The person commencing emergency work shall, within 10 days following the commencement of that activity, apply for the issuance of a restrictive soils development permit and on the issuance of the permit may be required to perform the work as is determined to be reasonably necessary to fulfill the purposes of §§ 150.200 et seq.; and/or
		(3)	Development consisting of the corrective alteration, repair, or maintenance of any lost full use of land existing on the date of adoption of §§ 150.200 et seq.
	(C)	Application for and processing of permit.
		(1)	A separate application for a permit shall be made to the Zoning Administrator for each development for which a permit is required except that only 1 application need be made for 2 or more acts which are to be done on the same parcel.
		(2)	The application shall include a map of the site and a delineation of the soils found in the site along with a plan and cost estimate of the proposed development and the other engineering data, surveys, and other information and material as may be required in order to determine the effects of the development on the affected land and the suitability of the soils for the development.  See § 150.273 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required.
		(3)	When proposed work includes construction or alterations of structures, the work shall be submitted with the application, along with detailed drawings of any special foundation structures and/or special provisions for on-site sewage disposal.
	(D)	Issuance of permit.  The following standards shall govern the issuance of permits for development within restrictive soils overlay district.
		(1)	Development on restrictive soils shall not be permitted until an investigation and subsequent report has been completed and presented to the Zoning Administrator by a professional engineer or soil scientist experienced and knowledgeable in the practice of soils and soils mechanics, and until the recommendations of the investigation have been incorporated into the design plan and specification.  No permit shall be issued for development on soils deemed by §§ 150.200 et seq. to be unsuitable.
		(2)	Table A, below, is a grouping of restrictive soils which are incorporated and made a part of §§ 150.200 et seq.  The following soils groupings set forth in Table A are highly restrictive for residential, commercial, industrial, or other development due to high water table (3 feet or less), steep slope conditions, high shrink swell potential, or high frost action potential.  No development permit shall be issued unless it has first been demonstrated by the developer that buildings shall be constructed in accordance with the standards found in the Minnesota State Building Code for appropriate soil conditions, and that a soil absorption disposal system can satisfactorily function in accordance with municipal regulations. The standards are incorporated by reference into §§ 150.200 et seq.
Table A	
Soil Group/Slope	Soil Group/Slope	Soil Group/Slope	
2 D, E, F	298	859 D, E, F	
7 D, E, F	301	860	
8 D, E, F	302 D, E, F	861	
12 D, E, F	340	896	
49 D, E, F	342 D, E, F	1013	
100	367	1027 D, E, F	
132 D, E, F	453 D, E, F	1029 D, E, F	
151 D, E, F	454 D, E, F	1039 D, E, F	
153 D, E, F	460	1040	
155 D, E, F	472	1813	
158 D, E, F	488	1819 D, E, F	
169 D, E, F	504 D, E, F	1820	
174	529	1827 D, E, F	
177 D, E, F	857	1848 D, E, F	
259	858		
NOTES TO TABLE:
  Letter references (A, B, C, D, E, or F) indicate a slope range.	
Symbol	Slope Description	
	Simple	Complex	
A	Nearly Level	Nearly Level	
B	Gently Sloping	Undulating	
C	Sloping	Rolling	
D	Moderately Sloping	Hilly	
E	Steep	Steep	
F	Very Steep	Very Steep	
NOTES TO TABLE:
  If no slope symbol is specified, the entire soil type is restricted, regardless of slope.	

	(E)	Conditions.  A special permit may be approved subject to compliance with conditions reasonable and necessary to ensure compliance with the requirements contained in the ordinance which are specifically set forth in the permits.  The conditions may, among other matters, limit the size, kind, or character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require the alterations of the site as may be necessary, and/or require the conveyance to the city or other public entity of certain lands or interests in the land.
	(F)	Time of permit; extensions; renewals.
		(1)	A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit.  The permittee shall complete the work authorized by the permit which in no event shall exceed more than 12 months from the date of issuance.  The permittee shall notify the Zoning Administrator at least 24 hours prior to the commencement of work.  If the work is not commenced as specified in §§ 150.200 et seq., then the permit shall become void.  If, prior to the date established for commencement of work, the permittee makes written request to the Zoning Administrator for an extension of time to commence the work setting forth the reasons for the required extension, the Zoning Administrator may grant the extension.  A permit which has become void may be renewed at the discretion of the Zoning Administrator upon payment of renewal fee.  If the Zoning Administrator does not grant the renewal, a permit for the work may be granted only upon compliance with the procedures established for any original application.
		(2)	The permittee shall notify the Zoning Administrator in writing of the termination of the work authorized and no work shall be deemed to have been completed until approved in writing by the Zoning Administrator following the written notification.
		(3)	The Zoning Administrator may cause inspections of the work to be made periodically during the course of the work by the Zoning Administrator or a member of the city staff and shall cause a final inspection to be made following the completion of the work.
	(G)	Variances and appeals.  Variances and appeals are administered pursuant to the zoning code.
(1997 Code, § 310.04)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 150.203  RESPONSIBILITY; EFFECT.
	(A)	Responsibility.  Neither the issuance of a permit nor compliance with the conditions of the permit, nor with the provisions of §§ 150.200 et seq. shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this section serve to impose any liability of the city or its officers or employees for injury or damage to persons or property.  A permit issued pursuant to §§ 150.200 et seq. does not relieve the permittee of the responsibility for securing and complying with any other permit which may be required by any other law, ordinance, or regulation.
	(B)	Severability.  If any part of §§ 150.200 et seq. is held to be unconstitutional or otherwise illegal, the remainder of §§ 150.200 et seq. shall be deemed and held to be valid and remain in force and effect as if the portion had not been included.  If §§ 150.200 et seq. or any provisions in §§ 150.200 et seq. is held to be inapplicable to any persons, property, or work, the holding shall not affect the applicability of §§ 150.200 et seq. to any other person's property or work.
	(C)	Conflicts.  Whenever §§ 150.200 et seq. is in conflict with another section, statute, or regulation, the more restrictive requirement shall govern.
(1997 Code, § 310.05)
WETLAND PROTECTION AND PRESERVATION OVERLAY DISTRICT (WPP)
§ 150.215  LEGISLATIVE FINDINGS AND PURPOSES.
	(A)	Findings.  The city finds that there are many wetlands within the municipality which, as part of the ecosystem, are critical to the health, safety, and welfare of the land, animals, and people within the city and the metropolitan area; that existing and potential development within the city creates increasing ecological problems and demands upon these resources; and that these problems and demands have the effect of disspoiling, polluting, eliminating, or altering both the wetlands and their functions (and the processes associated with wetlands and their functions) which if preserved and maintained constitute important physical, aesthetic, recreational, and economic assets of existing and future residents of the city.
	(B)	Purpose.  The purpose of §§ 150.215 et seq. is to provide for the protection, preservation, proper maintenance, and use of the city's wetlands, to minimize the disturbance to them and to prevent damage from excessive sedimentation, eutrophication, or pollution, to prevent loss of fish or other beneficial aquatic organisms, and/or loss of wildlife and vegetation or the habitants of the same; to provide for the protection of the city's probable fresh water supplies from the dangers of drought, overdraft, pollution, or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the communities through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding to prevent loss of life, property damage, and the losses and risks associated with flood conditions; to preserve the location, character, and extent of natural drainage courses.
(1997 Code, § 315.01)
§ 150.216  DISTRICT BOUNDARIES.
	Sections 150.215 et seq. shall apply to wetland areas within the city which are delineated on the official wetland maps of the city and have soil types as set forth in Table A of § 150.218(D)(1).  The purposes of determining the application of §§ 150.215 et seq. to any particular parcel of land or water, the above-referenced map shall be on file in the office of the Zoning Administrator and shall be available for inspection and copying.
(1997 Code, § 315.02)
§ 150.217  DEFINITIONS.
	Unless specifically defined in §§ 150.215 et seq., common definitions, words, and phrases used in §§ 150.215 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01.
(1997 Code, § 315.03)
§ 150.218  WETLAND PERMIT PROVISIONS.
	(A)	Permit.  Except as provided in §§ 150.215 et seq., no person shall perform any of the following actions or otherwise alter the ecological characteristics of a wetland without first having obtained a written permit from the Zoning Administrator authorizing the alteration: deposit or remove any material within a wetland; excavate within a wetland; construct, alter, or remove any structure within, upon, or across a wetland; plant or remove any vegetation within a wetland; alter any embankment within a wetland, or change the flow of water through the wetland.  The above actions shall be collectively referred to as "work."
	(B)	Exceptions.  The permit requirements established by §§ 150.215 et seq. shall not apply to:
		(1)	Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by the public agency;
		(2)	Emergency work necessary to preserve life or property.  When emergency work is performed under §§ 150.215 et seq., the person performing it shall report the pertinent facts relating to the work to the Zoning Administrator prior to the commencement of the work.  The Zoning Administrator shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception.  A person commencing emergency work shall, within 10 days following the commencement of that activity, apply for the issuance of a wetlands permit and on the issuance of the permit may be required to perform the work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by the work; and/or
		(3)	Work consisting of the alteration, repair, or maintenance of any conforming use of land existing on the date of adoption of §§ 150.215 et seq.
	(C)	Application for and processing of permit.
		(1)	A separate application for a permit shall be made to the Zoning Administrator for each work activity for which a permit is required except that only 1 application need be made for 2 or more acts which are to be done on the same parcel.  The application shall include a map of the site and a plan and a cost estimate of the proposed development and the other engineering data, surveys, and other information and material as may be required in order to determine the effects of the development on the affected land and water uses, such as extent of wetland, a description of the amount and location of work to be performed, a survey of the ecological characteristics of the wetland, maps and data on soils, water table and the flood capacity of the wetland, and copies of permits or reports from Minnesota Department of Natural Resources, Washington Soil and Water Conservation District.  When proposed work includes construction or alteration of structures, 3 sets of plans and specifications for the work shall be submitted with the application.
		(2)	The wetlands permit application shall be processed in accordance with the procedures specified for the processing of conditional use permits and the wetlands permit may be processed at the same time and in connection with the processing of an application for a building permit or any other permit required to be granted by ordinance of the city.
		(3)	See § 150.273 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required.
	(D)	Issuance of permit.
		(1)	Restricted development.  Table A, below, a grouping of wetland and wetland prone soils on which development is restricted.
Table A	
75	265	540	
113	266	541	
120	325	543	
123	329	544	
161	408	552	
162	449	862	
166	452	863	
170	456	1033	
189	468	1055	
225	481	1821	
264	507	1847	

		(2)	No special permits.  No special permits shall be issued unless the Zoning Administrator, engineer, and soil scientist find and determine that the proposed work complies with the following general and specific, if applicable, requirements.
		(3)	Filling into wetlands.  It is the policy of the city to limit the placement of any fill material into wetlands in order to preserve the natural character of the wetlands, and maintain suitable aquatic habitat for fish and wildlife, and provide for sound surface water management and flood control.
			(a)	Placement in conformance with these rules shall be permitted in the following cases, subject to wetland permit, where applicable:
				1.	Development of beach areas;
				2.	Protection of shoreline from continued erosion by placement of rip-rap materials;
				3.	Recovery of shoreland lost by erosion or other natural forces which has occurred within the last 5 years;
				4.	Limited filling to allow raising of previous development constructed at too low an elevation; and/or
				5.	Provide navigational access from riparian properties, where access cannot be gained by alternative means.
			(b)	Placement shall not be permitted in the following cases:
				1.	To achieve vegetation control;
				2.	To create upland areas for development or subdivision;
				3.	To stabilize lake and stream beds which cannot support fill materials (e.g., excessive depths of muck, steep bank, or bed slope, and the like); and/or
				4.	To stabilize areas of flowing water, active springs, or subject to substantial wave action, draft, sedimentation, or other disruptive forces.
			(c)	Except as provided in §§ 150.215 et seq., those wetlands which serve the following functions shall not be altered:
				1.	Those that have a continuing scientific or educational value due to their location, size, flora, fauna, and other characteristics of the wetland;
				2.	Those that clearly contribute to storm water flood control or to the maintenance of domestic water supplies, minimum desirable stream flows, or lake water levels;
				3.	Those that significantly contribute to the improvement of water quality;
				4.	Those that currently or potentially serve a useful recreation function for a significant number of users;
				5.	Those that make a significant contribution to scenic views;
				6.	Those that provide significant resting, nesting, or spawning or breeding areas for water fowl, other birds, fish, or mammals; and
				7.	Those that contain unique/endangered plant species of areas of historical significance.
			(d)	A permit shall be required for all other filling and shall be granted provided:
				1.	The project is not unduly detrimental to the public purposes listed in M.S. § 105.37, Subd. 6, as it may be amended from time to time, including but not limited to fish and wildlife habitat, navigation, water supply and storm water retention; filling of posted fish spawning areas is prohibited;
				2.	The fill consists of clean inorganic material that is free of pollutants, nutrients, rubbish, refuse, and garbage as defined in § 11.01.  The maximum particle size shall be 8 inches;
				3.	The existence of a stable, supporting foundation is established by appropriate means, including soil boring data where deemed necessary by the City Engineer;
				4.	Where erosion protection is deemed necessary by the City Engineer, the site conditions and fill material are capable of being stabilized by an approved existing land uses on the affected public water; and
				5.	The maximum extent of filling which may be permitted in a wetland shall be determined by flood storage and nutrient stripping capacity requirement for the wetland watershed.
		(4)	Excavation of public waters.
			(a)	Policy and general restrictions.  It is the policy of the city to discourage the excavation of materials from the beds of public waters in order to preserve the natural character of public waters and their shorelands, and maintain suitable aquatic habitat for fish and wildlife.  Excavation shall be permitted provided the conditions of Minn. Rules, part 4830.0111, subpart 5, item A, subitem (1), unit b, subunit vi, as it may be amended from time to time, are met, except:
				1.	Where it is intended to gain access to navigable water depths when access can be reasonably attained by utilizing a temporary or permanent dock;
				2.	Where inland excavation is intended solely to extend riparian rights to non-riparian lands, or to promote the subdivision and development of non-riparian lands; and/or
				3.	Where the proposed excavation will be detrimental to significant fish and wildlife habitat or protected vegetation.
			(b)	Dredging.
				1.	General standards.  A permit shall be required for all dredging subject to the following general standards.
					a.	The project must be adequate in relation to appropriate geologic and hydrologic factors including but not limited to:  quantity and quality of local drainage at the site; type of sediment/soil strata and underground formations in the vicinity;  life expectancy of the dredging with respect to bed load, long-shore drift and siltation patterns in the project vicinity; and protection of the water body from increased seepage, pollution, and other hydrologic impacts.
					b.	Adequate and stable on-land spoil disposal sites located above the ordinary high water mark and outside of floodway districts must be available for containment of dredged spoils, and project plans must include provisions for sodding, seeding, or otherwise property-protecting these spoils.  Dredge spoils may be placed below the ordinary high water mark only when the city determines that 1 or more beneficial public purposes will be enhanced.
					c.	The proposed project must represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives such as weed removal without dredging, beach sanding, excavation above the bed of public water, less extensive dredging in another area of the public water, or management of an alternative water body for the intended purposes.
					d.	The dredging must be limited to the minimum dimensions necessary for achieving the desired purpose.  Where excavation is proposed on a water body that is perched on an impervious stratum, soil borings must show that the proposed excavation will not rupture the impervious stratum.
				2.	Additional specific standards.  The following categories of dredging projects shall be permitted, subject to the following specific restrictions.
					a.	Beach development.  The existing site conditions will not provide a suitable beach using a sand blanket alone.  The area to be dredged shall be consistent with the general dimensions authorized for beach sanding under Minnesota Rules.  The depth of dredging needed to reach a suitable beach stratum shall not be excessive considering anticipated site maintenance and desired water depths.
					b.	Wetland improvement.  The dredging shall be limited to the removal of accumulated sediment or rock debris where the materials constitute an impairment to the use of a common navigational corridor, impede reasonable access, or where it is intended to create open areas in aquatic vegetation to improve fish or wildlife habitat.
		(5)	Specific requirements.
			(a)	Work in the wetland will not be performed during the breeding season or water fowl or fish spawning season.
			(b)	No part of any septic tank system or of another sewage disposal system requiring on-land or in the ground disposal of waste shall be located closer than 75 feet from the edge of a wetland unless it can be shown that no effluent can reach the wetland because of existing physical characteristics on the site.  On-site sewage disposal systems shall be permitted only if they meet state regulations and local regulations.
			(c)	Runoff from developed property and construction projects adjacent to a wetland may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at rates which will not disturb wetland vegetation or increase turbidity.
			(d)	No liquid waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland.
			(e)	Wetlands may not be used for disposal of material which logically should be disposed of in a landfill, and no part of a wetland shall be used for a sanitary landfill.
			(f)	Floor elevation of buildings located within the district, if used for living quarters or work space, must be at least 3 feet above the seasonal high water level of the wetland.
			(g)	No development shall be allowed in the wetland protection district which will endanger the health, safety, and welfare of persons and which will result in unusual maintenance costs of road and parking areas or the breaking or leaking of utility lines.
			(h)	Removal of vegetation within the wetlands shall be permitted only when and where work within the wetland has been approved in accordance with the standards of §§ 150.215 et seq.
			(i)	Removal of vegetation within the district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of the property.
	(E)	Conditions.  A special permit may be approved subject to compliance with conditions reasonable and necessary to ensure compliance with the requirements contained in division (D) above, which are specifically set forth in the permits.  The conditions may, among other matters, limit the size, kind, or character of the proposed work, require the construction of other structures, require replacement of vegetation, require monitoring procedures, stage the work over time, require the alteration of the site design to ensure buffering, or require the alteration of the site design to ensure buffering, or require the conveyance to the county or another public entity of certain lands or interests in the land.
	(F)	Time of permit; extensions; removals.
		(1)	(a)	A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit.  The permittee shall complete the work authorized by the permit within the time limits specified in the permit which in no event shall exceed more than 12 months from the date of issuance.  The permittee shall notify the Zoning Administrator at least 24 hours prior to commencing of the work.  If the work is not commenced as specified in §§ 150.215 et seq., then the permit shall become void.  If, prior to the date established for commencement of work the permittee makes written request to the Zoning Administrator for any extension of time to commence the work setting forth the reasons for the required extension, the Zoning Administrator may grant the extension.
			(b)	A permit which has become void may be renewed at the discretion of the Zoning Administrator upon payment of renewal fee. If the Zoning Administrator does not grant such a renewal, a permit for the work may be granted only upon compliance with the procedures established for any original application.
		(2)	The permittee shall notify the Zoning Administrator in writing of the termination of the work authorized and no work shall be deemed to have been completed until approved in writing by the Zoning Administrator following the written notification.
		(3)	The Zoning Administrator may cause inspection of the work to be made periodically during the course of the work by Zoning Administrator or a member of the city staff and shall cause a final inspection to be made following the completion of the work.
	(G)	Variances and appeals.  Variances and appeals shall be handled as proscribed in the zoning code.
(1997 Code, § 315.04)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 150.219  RESPONSIBILITY; EFFECT.
	(A)	Responsibility.  Neither the issuance of a permit nor compliance with the conditions of the permit, nor with the provisions of §§ 150.215 et seq. shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under §§ 150.215 et seq. serve to impose any liability on the city or its officers or employees for injury or damage to persons or property.  A permit issued pursuant to §§ 150.215 et seq. does not relieve the permittee of the responsibility for securing and complying with any other permit which may be required by any other law, ordinance, or regulation.
	(B)	Severability.  If any part of §§ 150.215 et seq. is held to be unconstitutional or otherwise illegal, the remainder of §§ 150.215 et seq. shall be deemed and held to be valid and remain in force and effect as if the portion had been included in §§ 150.215 et seq.  If §§ 150.215 et seq. or any provision in §§ 150.215 et seq. is held to be inapplicable to any person, property, or work, the holding shall not affect the applicability of §§ 150.215 et seq. to any other person's property or work.
	(C)	Special assessment.  The land within a designated wetlands district area which is restricted by §§ 150.215 et seq. and for which a development or other restrictive easement is conveyed to the city shall not be subject to special assessments to defray the costs of other municipal improvements for which the assessments are authorized pursuant to M.S. Ch. 429, as it may be amended from time to time.
	(D)	Conflicts.  Whenever §§ 150.215 et seq. is in conflict with another section, or statute, or regulation, the more restrictive requirement shall govern.
(1997 Code, § 315.05)
INTERSTATE CORRIDOR OVERLAY DISTRICT
§ 150.230  PURPOSE.
	The interstate corridor overlay district shall provide special requirements and performance standards that shall be imposed in conjunction with zoning districts adopted for land located in the interstate highway corridor.  The purpose of this district is to manage changes in land use that may occur along the interstate corridor as a result of improved highway access and frontage road development.  To accomplish this objective, this overlay district sets forth 2 sets of performance standards which must be met by all proposed users in the corridor.
(1997 Code, § 320.01)
§ 150.231  PERMITTED USES AND STRUCTURES.
	All uses permitted in the underlying zoning district.
(1997 Code, § 320.02)
§ 150.232  ACCESSORY USES AND STRUCTURES.
	All necessary uses permitted in the underlying zoning district.
(1997 Code, § 320.03)
§ 150.233  CONDITIONAL USES.
	All conditional uses permitted in the underlying zoning district.
(1997 Code, § 320.04)
§ 150.234  MINIMUM DISTRICT REQUIREMENTS; INTERIM USES.
	(A)	Uses not served by public sewer and water that are not intensive (urban) land uses, and demand negligible increases in public services, may be approved as "interim uses."
	(B)	These uses shall be subject to the following minimum performance standards:
		(1)	Minimum lot size of 10 acres;
		(2)	No sewer discharge exceeding 8 S.A.C. units per 10 acres;
		(3)	No public utility service is required on the part of the city;
		(4)	All projected traffic generated by the use can be accommodated with existing streets, requiring no improvements at the cost of the city or the public;
		(5)	An adequate supply of off-street parking and off-street loading space shall be provided;
		(6)	The use will require no additional public safety services or needs;
		(7)	No noise abatement problems shall exist that could potentially require public corrective action;
		(8)	The proposed land use(s) will be compatible both in terms of internal site plans, and with regard to adjacent land uses;
		(9)	Where potential land use compatibility problems exist, site plans shall be designed to eliminate the conflicts through redesign or through the incorporation of features that mitigate the impacts of the conflicts;
		(10)	Land use plans provide for future development or redevelopment at the time that public water and sewer services are provided;
		(11)	The site plan shall provide for adequate drainage systems which do not pose pollution problems, see § 150.273 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required;
		(12)	The use(s) maintain standards of architectural design and building quality consistent with the Uniform Building Code and all other applicable city codes;
		(13)	The proposed use is consistent with the city's Comprehensive Plan; and
		(14)	The proposed use will not create fiscal problems for the city, or adversely impact the health, safety, or welfare of the city.
(1997 Code, § 320.05)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 150.235  MINIMUM DISTRICT REQUIREMENTS; LONG-TERM USES.
	(A)	Uses that are urban in nature and require public water and sewer service, as well as other major public services, shall be classified as "long term users."
	(B)	These uses shall be subject to the following minimum performance standards:
		(1)	Public sewer and water extensions, provided at the user's expense;
		(2)	If projected traffic generated by the proposed use exceeds the capacity of existing streets, additional improvements shall be provided at the expense of the land developer;
		(3)	All necessary noise abatement improvements will be provided at no cost to the city;
		(4)	An adequate supply of off-street parking and off-street loading space shall be provided;
		(5)	The proposed land use(s) will be compatible both in terms of internal site plans, and with regard to adjacent land uses;
		(6)	Where potential land use compatibility problems exist, site plans shall be designed to eliminate the conflicts through redesign or through the incorporation of features that mitigate the impact of the conflicts;
		(7)	The site plan shall provide for adequate drainage systems which do not pose pollution problems, see § 150.273 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required;
		(8)	The use(s) shall maintain standards of architectural design and building quality consistent with the Uniform Building Code and all other applicable city codes;
		(9)	The proposed use is consistent with the city's Comprehensive Plan; and
		(10)	The proposed use will not create fiscal problems for the city or adversely impact the health, safety, or welfare of the city.
(1997 Code, § 320.06)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 150.236  MINIMUM DISTRICT REQUIREMENTS; ALL USES.
	(A)	The following minimum requirements shall be observed in the overlay district, subject to additional requirements, exceptions and modifications set forth in this code.
	(B)	(1)	Uses permitted in the underlying zoning district shall be subject to the lot area and setback requirements specified in the applicable district.
		(2)	Lot area, setback, building requirements may be increased under the overlay district to provide sound site planning and eliminate potential conflicts between land uses.
(1997 Code, § 320.07)  Penalty, see § 10.99
§ 150.237  BUILDING TYPE AND CONSTRUCTION.
	No galvanized or unfinished steel, galvanized or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive design finish, such as corten steel, shall be permitted.  Any exposed metal or fiberglass finish on all buildings shall be limited to 50% of any 1 wall.  Exterior building finishes shall consist of materials comparable in grade and quality to the following: brick; natural stone; decorative concrete block; cast-in-place concrete or precast concrete panels; wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used such as cedar, redwood, and the like; curtain wall panels of steel, fiberglass, and aluminum (non-structural, non-load bearing), provided the panels are factory fabricated and finished with a durable non-fade surface with fasteners of a corrosive resistant design; glass curtain wall panels; stucco.
(1997 Code, § 320.08)  Penalty, see § 10.99
§ 150.238  S.A.C. UNIT DETERMINATION.
	(A)	S.A.C. unit calculations will be based upon the criteria established by the Metropolitan Waste Control Commission, which state that 1 S.A.C. unit is equivalent to 274 gallons of flow per day.
	(B)	The following list of facilities is illustrative of the S.A.C. unit requirements that a proposed project, development or addition to an existing structure would have to meet.
Type of Facility	Parameter	S.A.C. Units	
Arenas	110 seats	1	
Auditoriums	110 seats	1	
Automobile Service:			
  (Fast service less than 4 hours per car)	2 service bays	1	
  (Major service more than 4 hours per car)	14 employees	1	
Ballroom:			
  Facility without liquor service	825 square feet	1	
  Facility with liquor service	590 square feet	1	
Bank	2,400 square feet	1	
Banquet Room:			
  Food catered	2,060 square feet	1	
  Food catering with dishwashing	1,180 square feet	1	
  Food preparation and dishwashing	825 square feet	1	
  Food preparation and dishwashing without liquor	590 square feet	1	
Barber Shop	4 chairs	1	
Beauty Salon	4 stations	1	
Boarding House	5 beds	1	
Body Shop (no vehicle washing)	14 employees	1	
Bowling Alleys (does not include bar or dining area)	3 alleys	1	
Camps:			
  Children’s camps (central toilet and bath)	50 gallons per occupant at 274 gallons	1	
  Day camps (no meals)	10 gallons per occupant at 274 gallons	1	
Labor/Construction Camps	50 gallons per occupant at 274 gallons	1	
Resorts (housekeeping cabins)	60 gallons per occupant at 274 gallons	1	
Travel Trailer Parks with individual water and sewer hookup	100 gallons per site at 274 gallons	1	
  With central toilet and showers	75 gallons per site at 274 gallons	1	
  Sanitary dump (site without hookup)	10 gallons per site at 274 gallons	1	
Schools (Sunday)	55 students	1	
  (Elementary)	18 students	1	
  (Nursery)			
  Number of students licensed for	14 students	1	
  (Secondary)	14 students	1	
Service Stations (gas pumping only)		1	
  (with service center)		2	
  (with service center and car wash)		8	
Swimming Pools (public)	900 square foot pool area	1	
Tennis Courts (public)	1 court	2	
Theater	64 seats	1	
Theater (Drive-In)	55 parking spaces	1	
Warehouse	7,000 square feet	1	

	(C)	The S.A.C. unit for a facility not included in the above list will be determined by the Metropolitan Waste Control Commission.  A request for S.A.C. unit determination must be made prior to the issuance of the building permits.
(1997 Code, § 320.09)  Penalty, see § 10.99
SHORELAND DISTRICT
§ 150.250  PURPOSE.
	(A)	The shorelands within the city are designated as shoreland district. Regulations set forth in §§ 150.250 et seq. shall govern land use and other activities within this district.  The classification of the lakes shall govern the use, alteration, and development of land within the shoreland district.
	(B)	The uncontrolled use of shorelands adversely affects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base.  In furtherance of the policies declared in M.S. Ch. 103G, 103F, 115, 116, 394, and 462, as they may be amended from time to time, the Commissioner provides the following minimum standards and criteria for the subdivision, use, and development of the shore lands of public waters.  The standards and criteria are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state.
(1997 Code, § 325.01)
§ 150.251  INTENT.
	It is the intent of the city to:
	(A)	Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities;
	(B)	Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff, excessive nutrient runoff pollution;
	(C)	To preserve and enhance the unique aesthetic appearance and ecological value of the shoreland; and
	(D)	Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water.
(1997 Code, § 325.02)
§ 150.252  DEFINITIONS.
	Unless specifically defined below, words or phrases used in §§ 150.250 et seq. shall be interpreted so as to give them the same meaning as they have in § 11.01 with common usage in this and all other sections of the code.  For the purpose of this §§ 150.250 et seq., the words "must" and "shall" are mandatory and not permissive.  All distances, unless otherwise specified, shall be measured horizontally.
(1997 Code, § 325.03)
§ 150.253  ADMINISTRATION.
	(A)	The city will provide for the administration and enforcement of their shoreland management controls by establishing permanent procedures for building construction, installation of sewage treatment systems, and grading and filling.
	(B)	(1)	Permits required.  A permit is required for the construction of buildings or building additions (including the related activities as construction of decks and signs), installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by § 150.255(E).  Application for a permit shall be made to the city on the forms provided.  The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
		(2)	Variance.
			(a)	Variance requests will be considered pursuant to the procedures set forth in the zoning code.
			(b)	For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property.  The variance, if issued, must require reconstruction of a non-conforming sewage treatment system.
		(3)	Notifications to the Department of Natural Resources.
			(a)	Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least 10 days before the hearings.  Notices of hearings to consider proposed subdivision or plats must include copies of the subdivision or plat.
			(b)	When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in division (B)(3) of this section shall also include the Board of Adjustment's summary of the public record and testimony and the findings of facts and conclusions which supported the issuance of the variance.
			(c)	A copy of approved amendments and subdivisions or plats and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action.
(1997 Code, § 325.04)  Penalty, see § 10.99
§ 150.254  SHORELAND CLASSIFICATION.
	(A)	The public waters of the city have been classified below, consistent with the criteria found in Minnesota Rules, Chapter 6120.3000, as it may be amended from time to time, and the Protected Waters Inventory Map for Washington County, Minnesota.  The shoreland area for the water bodies listed below shall be defined in § 150.252 and as shown on the city's shoreland management area map.
	(B)	The classes of public waters for the city are natural environment lakes, recreational development lakes, and tributary streams.
		(1)	Natural environment lakes.  Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use.  They often have adjacent lands with substantial constraints for development, such as high water tables, exposed bedrock and unsuitable soils.  These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
D.N.R. I.D.#	Lake Name	Location	OHW	100-Year Elevation	
82007400	Horseshoe	Sec. 25	876.8		
82009900	Clear	Sec. 2, 11			
82010000	Unnamed	Sec. 4			
82010500	Berschen’s Pond	Sec. 10			
82010700	Sunfish	Sec. 14	896.4	899	
82010800	Friedrich Pond	Sec. 15, 22		913.0	
82011000	Downs	Sec. 24	889.1	893	
82011100	H.J. Brown pond	Sec. 26			
82011200	Rose (Sunfish)	Sec. 25, 36			
82011300	Goose	Sec. 27, 34, 35	924.4		

D.N.R. I.D.#	Lake Name	Location	OHW	100-Year Elevation	
82011601	Armstrong (north of 10th Street)	Sec. 28	1020.3		
82011602	Armstrong (south of 10th Street)	Sec. 33	1019.1		

		(2)	Recreational development lakes.  Recreational development lakes are generally medium- sized lakes of varying depths and shapes with a variety of land forms, soil, and ground water situations on the lands around them.  They often are characterized by moderate levels of recreational use and existing development.  Development consists mainly of seasonal and year-round residences.  Many of these lakes have capacities of accommodating additional development and use.
D.N.R. I.D.#	Lake Name	Location	OHW	100-Year Elevation	
82-101	DeMontreville	Sec. 4, 5, 9	929.3	931.0	
82-103	Olson	Sec. 8, 9	929.3	931.0	
82-104	Jane	Sec. 9, 10	924	925.0	
82-106	Elmo	Sec. 13, 14, 23, 24, 26	885.6	889	

		(3)	Tributary streams.  Tributary stream segments consist of water courses mapped in the protected waters inventory that have not been assigned 1 of the river classes.  These segments have a wide variety of existing land and recreational use characteristics.
Location	Stream Name	
Sec. 33	Unnamed to Wilmes Lake	
Sec. 16, 21, 22	Raleigh Creek North (to Eagle Point Lake)	
Sec. 22, 23, 27	Raleigh Creek South (Eagle Point lake to Lake Elmo)	
Sec. 25	Unnamed Tributary	

	(C)	The permitted and conditional uses allowed in the underlying zoning district shall be those allowed in the natural environment lakes, recreational development lakes, and tributary streams shoreland districts.
Land Use Matrix	
Land Uses	Zoning Districts	
	AG	R1	P	HB	GB	R3	RR	RE	LB	BP	OP	
Auto Service				P								
Churches and Schools			P									
Commercial Ag	P	P					P				 P	
Duplex Multi-Family											CUP	
Farming	P	P		P	P	P	P  	P			P	
Greenhouses	CUP										CUP	
Kennels	CUP				CUP		CUP					
Manufactured Homes; with sewer						P						
Manufacturing					CUP							
Office Uses				P	P				P	P		
Restaurants				P					CUP	CUP		
Retail Uses				P	P				P	CUP		
Single-Family Residential	P	P				P	P	P			P	
Stables	CUP										CUP	
NOTES TO TABLE:
  (1)  P=Permitted Use
  (2)  CUP=Conditional Use Permit
  (3)  The Land Use Matrix outlines general allowed uses, subject to restrictions and provisions of the zoning code.  Reference the Chapter 154 of the city code for specific allowable uses in each district.	

(Am. Ord. 97-16, passed 9-16-1997; Am. Ord. 08-005, passed 2-4-2008)
(1997 Code, § 325.05)
§ 150.255  SHORELAND STANDARDS.
	(A)	General provisions.  The following standards shall apply to all shorelands of the protected waters.  Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in §§ 150.250 et seq., the more restrictive standards shall apply.  Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.
	(B)	Lot area; no sewer.
Zoning District	Natural Environment Lakes	Recreation Development Lakes	
	Riparian	Non-Riparian	Riparian	Non-Riparian	
RE (No Sewer)	2.5 acres	2.5 acres	2.5 acres	2.5 acres	
R1 (No Sewer)	80,000 square feet	80,000 square feet	1.5 acres	1.5 acres	
RR (No Sewer)	10 acres	10 acres	10 acres	10 acres	
AG (No Sewer)	40 acres	40 acres	40 acres	40 acres	
OP (No Sewer)	0.5 acres	0.5 acres			
R3 (No Sewer)	40,000 square feet	20,000 square feet	20,000 square feet	15,000 square feet	
GB (No Sewer)	3.5 acres	3.5 acres	3.5 acres	3.5 acres	
BP (No Sewer)	3 acres	3 acres	3 acres	3 acres	

(Am. Ord. 97-16, passed 9-16-1997)
	(C)	Lot width.
Classification	Riparian Lot (No Sewer)	Riparian Lot (With Sewer)	Non-Riparian Lot (Without Sewer)	Non-Riparian Lot (With Sewer)	
Natural Environment	200 feet	200 feet	200 feet	NA	
Recreational Development	150 feet	150 feet	150 feet	NA	
Tributary Streams	100 feet	100 feet	NA	NA	

(Am. Ord. 97-16, passed 9-16-1997)
	(D)	Placement, design, and height of structures.
		(1)	Placement.  When more than 1 setback applies to a site, structures and facilities must be located to meet all setbacks.  Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.  Structures shall be located as follows.
			(a)	Structure and on-site sewage system setbacks.  Structure and on-site sewage system setbacks (in feet) from ordinary high water level.
Setbacks From OHW	
Classification	Structures	Sewage Treatment System	
Natural Environment	150 feet	150 feet	
Recreational Development	100 feet	75 feet	
Tributary	100 feet	75 feet	

			(b)	Additional structure setbacks.  The following additional structure setbacks apply, regardless of the classification of the water body.
Setback From	Setback (In Feet)	
Top of bluff	30	
Unplatted cemetery	50	
Right-of-way line of federal, state, or county highways	Per underlying zoning district regulations and exceptions	
Right-of-way line of town road, public street, or other roads or streets not classified	Per underlying zoning district regulations and exceptions	

			(c)	Bluff impact zone.  Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
			(d)	Significant historic sites.  No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
			(e)	Steep slopes.  The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes.  When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public water, assuming summer, leaf-on vegetation.
			(f)	Proximity to roads and highways.  Per underlying zoning district regulations and exceptions.
			(g)	Use without water-oriented needs.  Use without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
		(2)	Design criteria for structures.
			(a)	High water elevations.  Structures must be placed in accordance with any flood plain regulations applicable to the site.  All principal structures shall have their lowest floor at a level at least 3 feet above the highest known water level or the ordinary high water level, whichever is higher.
			(b)	Water-oriented accessory structures.  Each lot may have 1 water-oriented accessory structure not meeting the normal structure setback in § 150.255(D) if this water-oriented accessory structure complies with the following provisions.
				1.	The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet.  Detached decks must not exceed 8 feet above grade at any point.
				2.	The setback of the structure or facility landward from the ordinary high water level must be at least 10 feet on a recreational development lake and 50 feet on a natural environment lake.
				3.	The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions.
				4.	The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
				5.	The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
				6.	As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
			(c)	Stairways, lifts, and landings.  Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.  Stairways and lifts must meet the following design requirements.
				1.	Stairways and lifts must not exceed 4 feet in width.  Wider stairways may be used for public open space recreational properties.
				2.	Landings for stairways and lifts must not exceed 32 square feet in area.  Landings larger than 32 square feet may be used for public open space recreational properties.
				3.	Canopies or roofs are not allowed on stairways, lifts, or landings.
				4.	Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
				5.	Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
				6.	Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (D)(2)(c)1. to (D)(2)(c)5. above are satisfied.
		(3)	Height of structures.  All structures in residential districts, except churches and non-residential agricultural structures, must not exceed 35 feet in height.
	(E)	Shoreland alterations.
		(1)	Generally.  Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.  Best management practices are recommended to guide shoreland alteration activities.
		(2)	Vegetation alterations.  Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 150.255(F) are exempt from the vegetation alteration standards that follow.  Removal or alteration of vegetation, except for agricultural uses as regulated in § 150.255(H) is allowed, subject to the following standards.
			(a)	Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.
			(b)	In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs, and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:
				1.	The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
				2.	Along rivers, existing shading of water surfaces is preserved; and
				3.	The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
		(3)	Topographic alterations; grading and filling.
			(a)	Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit.  The grading and filling standards in §§ 150.250 et seq. must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
			(b)	Public roads and parking areas are regulated by § 150.255(F).
			(c)	Notwithstanding divisions (E)(3)(a) and (E)(3)(b) above, a grading and filling permit will be required for:
				1.	The movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and
				2.	The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
			(d)	The following considerations and conditions in addition to §§ 150.215 et seq. must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals.
				1.	Grading and filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland.  (This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers.  The applicant will be so advised.)
					a.	Sediment and pollutant trapping and retention;
					b.	Storage of surface runoff to prevent or reduce flood damage;
					c.	Fish and wildlife habitat;
					d.	Recreational use;
					e.	Shoreline or bank stabilization; and
					f.	Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
				2.	Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
				3.	Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as grading is complete.
				4.	Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
				5.	Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
				6.	Fill or excavated material must not be placed in a manner that creates an unstable slope.
				7.	Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
				8.	Fill or excavated material must not be placed in bluff impact zones.
				9.	Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time.
				10.	Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
				11.	Placement of natural rock rip-rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the rip-rap is within 10 feet of the ordinary high water level, and the height of the rip-rap above the ordinary high water level does not exceed 3 feet.
			(e)	Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must comply with all provisions of §§ 150.250 et seq.  Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
	(F)	Placement and design of roads, driveways, and parking areas.
		(1)	Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view of public waters.  Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
		(2)	Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist.  If the Council, at its discretion, determines that no alternative exists, the structures may be placed within these areas and must be designed to minimize adverse impacts.
		(3)	Public and private (intended solely for the use of the property owner) watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control conditions of §§ 150.250 et seq. are met.  For private facilities, the grading and filling provisions of § 150.255(E) must be met.
	(G)	Storm water management.  The following general and specific standards shall apply, in addition to all applicable requirements found in § 150.273.
		(1)	General standards.
			(a)	Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff before discharge to public waters.
			(b)	Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.  Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site.
			(c)	When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used.  Preference must be given to designs using surface drainage, vegetation, and infiltration other than buried pipes and man-made materials and facilities.
			(d)	Use of fertilizers, pesticides, or animal wastes within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application.
		(2)	Specific standards.
			(a)	Impervious surface coverage of lots must not exceed 6,000 S.F. or 15% of the lot area, whichever is larger.
			(b)	When constructed facilities are used for storm water management, documentation must be provided by a licensed civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
			(c)	New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
	(H)	Special provisions for public/semi-public, agricultural, and forestry.
		(1)	Standards for public and semi-public uses.
			(a)	Surface water-oriented public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters.  Those uses with water-oriented needs must meet the following standards.
				1.	In addition to meeting impervious coverage limits, setbacks, and other zoning standards in §§ 150.250 et seq., the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
				2.	Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
				3.	No advertising signs or supporting facilities for signs may be placed in or upon public waters.  Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.
				4.	Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters.  This does not preclude use of navigational lights.
			(b)	Use without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
		(2)	Agriculture use standards.
			(a)	General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management System) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, a provided by a qualified individual or agency.  Best management practices of the Minnesota D.N.R. must be used.  The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
			(b)	Animal feedlots, as defined by the Minnesota Rules, Chapter 7020.300, as amended from time to time, for compliance with permits, must meet the following standards.
				1.	New feedlots must not be located in the shoreland of water courses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins.
				2.	Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
	(I)	Water supply and sewage treatment.
		(1)	Water supply.  Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.  Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the Minnesota Department of Health.
		(2)	Sewage treatment.  Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows.
			(a)	Publicly-owned sewer systems must be used where available.
			(b)	All private sewage treatment systems must meet or exceed the standards contained in City Code Chapter 51 or the standards for individual sewage treatment systems contained in Minnesota Rules, Chapter 7080.0060, a copy of which is adopted by reference and declared to be a part of §§ 150.250 et seq.  In all cases the more restrictive regulation shall apply.
			(c)	On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in § 150.255(D)(1).
			(d)	All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in this division (I)(2)(d).  If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from onsite field investigations.  Evaluation criteria:
				1.	Depth to the highest known or calculated ground water table or bedrock;
				2.	Soil conditions, properties, and permeability;
				3.	Slope; and
				4.	The existence of lowlands, local surface depressions, and rock outcrops.
			(e)	Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with § 150.256(B)(3).
			(f)	The discharge of non-treated raw sewage effluent into a lake, wetland, or stream is strictly prohibited and the condition will be required to be ceased immediately; and within a reasonable period (not to exceed 30 days) of notice and order to comply by the Zoning Administrator, the property owner shall install a system which complies with Minn. Rules Chapter 7080, as it may be amended from time to time, and Chapter 51 of the city code, whichever is more restrictive.
			(g)	Gray water, meaning liquid waste from a dwelling produced by bathing, laundry, culinary operations, and floor drains associated with these sources, and specifically excluding toilet waste, must be treated in accordance with Minn. Rules Chapter 7080, as it may be amended from time to time.  Discharge of gray water directly into a lake, wetland, or stream is prohibited and the condition shall cease immediately.
			(h)	Any discharge of chemically-treated water into a lake, wetland, or stream, such as an example only, the drainage of a swimming pool, must not be done without first obtaining all required permits from the Minnesota Pollution Control Agency.
	(J)	Conditional uses.
		(1)	Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in the zoning code.
		(2)	The following additional evaluation criteria and conditions apply within shoreland areas.
			(a)	Evaluation criteria.  A thorough evaluation of the water body and topographic, vegetation, and soils conditions on the site must be made to ensure:
				1.	The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
				2.	The visibility of structures and other facilities as viewed from public waters is limited;
				3.	The site is adequate for water supply and on-site sewage treatment; and
				4.	The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the ability of public waters to safely accommodate these watercraft.
			(b)	Conditions attached to conditional use permits.  The Council, upon consideration of the criteria listed above and the purposes of §§ 150.250 et seq., shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of §§ 150.250 et seq.  The conditions may include, but are not limited to, the following:
				1.	Increased setbacks from the ordinary high water level;
				2.	Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
				3.	Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
(1997 Code, § 325.06) (Am. Ord. 08-005, passed 2-4-2008; Am. Ord. 08-024, passed 4-20-2010; Am. Ord. 2012-61, passed 9-4-2012; Am. Ord. 2012-63, passed 10-2-2012)  Penalty, see § 10.99
§ 150.256  NON-CONFORMITIES.
	(A)	All legally established non-conformities as of the date of §§ 150.250 et seq. may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subject of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply to shoreland areas.
	(B)	(1)	Construction on non-conforming lots of record.
			(a)	Lots of record in the office of the County Recorder on the date of enactment of §§ 150.250 et seq. that do not meet the requirements of § 150.255(B) may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of §§ 150.250 et seq. are met.
			(b)	A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot.  In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
			(c)	If, in a group of 2 or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 150.255(B), the lot must not be considered as a separate parcel of land for the purposes of sale or development.  The lot must be combined with the 1 or more contiguous lots so they equal 1 or more parcels of land, each meeting the requirements of § 150.255(B) as much as possible.
		(2)	Additions/expansions to non-conforming structures.
			(a)	Additions/expansions.  All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of § 150.255.  Any deviation from these requirements must be authorized by a variance pursuant to § 150.253(B)(2).
			(b)	Decks.  Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met.
				1.	The structure existed on the date the structure setbacks were established.
				2.	A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.
				3.	The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.
				4.	The deck is constructed primarily of wood and is not roofed or screened.
		(3)	Non-conforming sewage treatment systems.
			(a)	A sewage treatment system not meeting the requirements of § 150.255(I) must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property.  For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
			(b)	The Council of the city has notified the D.N.R. Commissioner of its plan to identify non-conforming sewage treatment systems in shoreland areas.  The city will require upgrading or replacement of any non-conforming system identified by this program within a reasonable period of time, which will not exceed 180 days of notice and order to comply by the Zoning Administrator.  Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.201, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems including cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's Chapter 7080, as it may be amended from time to time, for design of off-site sewage treatment systems, shall be considered nonconforming.
(1997 Code, § 325.07)  Penalty, see § 10.99
§ 150.257  SUBDIVISION/PLATTING PROVISIONS.
	(A)	Land suitability.  Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration.  Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city.
	(B)	Platting.  All subdivisions shall be in accordance with the city's platting regulations and requirements.
	(C)	Consistency with other controls.  Subdivisions must conform to all regulations for the city.  A subdivision will not be approved where a later variance from 1 or more standards in official controls would be needed to use the lots for their intended purpose.  In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with § 150.255(D) and (I) can be provided for every lot.  Each lot shall meet the minimum lot size and dimensional requirements of § 150.255(B), including at least a minimum contiguous vegetative area, that is free of limiting factors sufficient for the construction of 2 standard sewage treatment systems.  Lots that would require use of holding tanks must not be approved.
	(D)	Information requirements.  Sufficient information must be submitted by the applicant for the city to make a determination of land suitability.  The information may include the following at the discretion of the City Planner or City Engineer:
		(1)	Topographic contours at 2 foot intervals or less;
		(2)	The surface water features required in M.S. § 505.02, Subd. 1, as it may be amended from time to time, to be shown on plats obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
		(3)	Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
		(4)	Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations: near-shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation: and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;
		(5)	Location of 100-year flood plain areas and flood way districts from existing adopted maps or data; and
		(6)	A line or contour representing the ordinary high water level, the "toe" and "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
	(E)	Dedications.  When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands.
	(F)	Controlled access or recreational lots.  Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in § 150.255(B) and (C).
(1997 Code, § 325.08)  Penalty, see § 10.99
STORM WATER AND EROSION AND SEDIMENT CONTROL
§ 150.270  STATUTORY AUTHORIZATION.
	This subchapter is adopted pursuant to the authorization and policies contained in M.S. Chs. 103B,  103F.401, 103F.441, and 462 and Minnesota Rules Chs. 7050, 7090, and 8410. This subchapter is intended to meet the current construction site erosion and sediment control and post-construction storm water management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.
(Ord. 08-016, passed 6–16-2009)
§ 150.271  FINDINGS.
	The City of Lake Elmo finds that uncontrolled storm water runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the city. Specifically, uncontrolled construction site erosion and storm water runoff can:
	(A)	Threaten public health, safety, property, and general welfare by increasing runoff volume peak flood flows, and overburdening storm sewers, drainage ways, and other storm drainage systems;
	(B)	Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing pollutant loadings of total sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban pollutants;
	(C)	Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows, and increasing stream temperatures;
	(D)	Undermine floodplain management efforts by increasing the incidence and levels of flooding;
	(E)	Alter wetland communities by changing wetland hydrology and increasing pollutant loading; and
	(F)	Generate airborne particulate concentrations that are health threatening or may cause other damage to property or the environment.
(Ord. 08-016, passed 6-16-2009)
§ 150.272  PURPOSE.
	(A)	The general purpose of this subchapter is to set forth regulatory requirements for land development and land disturbing activities aimed at minimizing threats to public health, safety, public and private property and natural resources within the city from construction site erosion and post-construction storm water runoff.
	(B)	Specific purposes are to establish performance standards that will:
		(1)	Protect life and property from dangers associated with flooding;
		(2)	Protect public and private properly and the natural resources from damage resulting from runoff and construction site erosion;
		(3)	Protect functional values of all types of natural water bodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds);
		(4)	Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems;
		(5)	Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants;
		(6)	Promote infiltration and groundwater recharge;
		(7)	Regulate storm water runoff volumes and peak rates for land development and land disturbing activities;
		(8)	Promote regional storm water management by watershed; and
		(9)	Provide a single, consistent set of performance standards that apply to all land development and land disturbing activities.
(Ord. 08-016, passed 6-16-2009)
§ 150.273  APPLICABILITY.
	(A)	Storm water management.
		(1)	A storm water management (SWM) plan shall be required for all proposed land development activity, unless otherwise exempted in this subchapter, which meets any or all of the following:
			(a)	Any land development activity that increases and/or replaces impervious surface with a surface area exceeding 1 acre, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and/or
			(b)	A subdivision consisting of 3 or more lots; and/or
			(c)	Any land development activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area.
		(2)	Exemptions.  The following land development activities will be exempt from the storm water management requirements of this subchapter:
			(a)	Mining activities regulated by Chapter 90 of the City Code; and
			(b)	Reconstruction of existing public trails and construction of new public trails that are not a part of a proposed land development activity as defined in division (A)(1) above.
			(c)	Reclamation and maintenance of existing public streets.
	(B)	Erosion and sediment control.
		(1)	An erosion and sediment control (ESC) plan shall be required for all proposed land disturbing activity, unless otherwise exempted in this subchapter, which meets any or all of the following:
			(a)	Meets the permit requirements of an excavation and grading permit per § 151.017 of the City Code;
			(b)	New dwelling permits;
			(c)	A subdivision of any size;
			(d)	Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 500 feet or more; and/or
			(e)	Is a land disturbing activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area, or may violate any erosion and sediment control standard set forth in this subchapter.
		(2)	Exemptions.  The following land disturbing activities will be exempt from the erosion and sediment control plan requirements of this subchapter:
			(a) 	Cemetery graves;
			(b)	Mining activities regulated by Chapter 90 of the City Code;
			(c)	Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops;
			(d)	Emergency work necessary to protect life, limb, or property; and
			(e)	City, county, state, or federal agency project whose plans and specifications meet the requirements of this subchapter and are reviewed and approved by the city under a separate process.
(Ord. 08-016, passed 6-16-2009; Am. Ord. 08-043, passed 5-3-2011)
§ 150.274  DEFINITIONS.
	For the purpose of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code.
(Ord. 08-016, passed 6-16-2009)
§ 150.275  INCORPORATION BY REFERENCE.
	(A)	The following are incorporated into this subchapter by reference:
		(1)	The Local Surface Water Management Plan; and
		(2)	The City Engineering Design Standards.
	(B)	All storm water mitigation and management technologies shall be consistent with the most current versions of the City Engineering Design Standards.
(Ord. 08-016, passed 6-16-2009)
§ 150.276  PLAN REVIEW PROCEDURE.
	(A)	Plan approval required.  The applicant shall not commence any construction activity subject to this subchapter until plan approval has been authorized by the city and all fees, escrows and securities have been paid and filed with the city.
	(B)	Plan submittal.  The applicant must submit the required plans and documentation to fully address all provisions of this subchapter and demonstrating conformance to the current versions of the City Engineering Design Standards.
	(C)	Plan review and authorization.  The city shall review the plan submittal for completeness and compliance with standards. If the city determines that the plan does not meet the requirements of this subchapter, the city shall notify the applicant that the submittal is incomplete and request changes or additional information. The plan(s) must be revised to correct the deficiencies and resubmitted for approval before the land disturbance activity begins. If the city determines that the storm water management plan and/or erosion and sediment control plan meet the requirements of this subchapter, the city shall issue a plan approval valid for a specified period of time that authorizes the land activity contingent on the implementation and completion of this plan. The city may approve the plans subject to compliance to conditions reasonable and necessary to insure that the requirements in this subchapter are met.
	(D)	Construction initiation and first compliance inspection.  No work shall begin on a site until a preconstruction meeting has been conducted (if required by the city as part of the plan approval). Once work is authorized to begin, the applicant or agent shall install all erosion and sediment control devices as required by the approved plan and shall inform the city that they are in place. The city will complete an initial site inspection to determine compliance with the plan and to authorize the land disturbance activity to begin.
	(E)	Adherence to the approved plans and plan modifications.  Once approved by the city, the storm water management plan and/or erosion and sediment control plan must be followed throughout the duration of the land disturbance or land development activity. The approved plans shall not be modified or altered without receiving written authorization from the city. Plan amendments will be required by the city whenever:
		(1)	A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge or pollutants to surface waters or underground waters;
		(2)	Inspections or investigations indicate the plans are not effective in eliminating or significantly minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are causing water quality degradation; 
		(3)	The plan is not achieving the genera) objectives of minimizing pollutants in storm water discharges associated with construction activity; or
		(4)	The plan is found to not be consistent with the terms and conditions of this subchapter.
	(F)	Variance requests.  The city may grant a variance on a case-by-case basis. The content of a variance is specified in the zoning code.
(Ord. 08-016, passed 6-16-2009)
§ 150.277  PERFORMANCE AND DESIGN STANDARDS.
	(A)	Storm water management plan.
		(1)	All storm water management plans shall meet the minimum requirements of the NPDES Construction Stormwater Permit (Permit No. MNR100001), the minimum requirements of the watershed(s) having jurisdiction over the site(s), the City Engineering Design Standards, and other regulatory agencies. A storm water management plan must be submitted to the city for review and approval concurrently with the submittal to the watershed(s) having jurisdiction over the site(s).
		(2)	Storm water criteria. Storm water management plans will be assessed for stormwater rate control and storm water quality management to reduce the impacts of the land activity.
			(a)	Rate control requirements. The stormwater management plan shall demonstrate that all rate control requirements of the NPDES Construction Stormwater Permit (Permit No. MNR100001) and the watershed(s) having jurisdiction over the site(s) are met. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the rate of storm water runoff discharging at any point leaving the site.
			(b)	Water quality control requirements. The stormwater management plan shall demonstrate that all water quality control requirements of the NPDES Construction Stormwater Permit (Permit No. MNR100001) and the watershed(s) having jurisdiction over the site(s) are met. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the rate of storm water runoff discharging at any point leaving the site.
			(c)	Volume control requirements.
				1.	The volume of storm water runoff discharging from a proposed site shall not be greater than the volume of storm water runoff discharging prior to the proposed site alteration for the 2-, 10-, and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards.  The City Engineer retains the authority to require the above conditions to apply to the volume of storm water runoff discharging at any point leaving the site.
				2.	The analyses for the volume of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2-, 10, and 100-year 24-hour storm events. The volume of storm water runoff prior to the proposed development shall be calculated at the pre-settlement condition as defined in the State of Minnesota Stormwater Manual for a “meadow” condition based on the applicable hydrologic soil group(s) for the development (see Table 1).
			(d)	Table 1.  Curve Number for Pre-Settlement Condition
Hydrologic Soil Group 	Runoff Curve Number	
A	30	
B	58	
C	71	
D	78	

			(e)	Drainage-related easements.  Drainage easements must be acquired on behalf of the city and legally recorded at the county for all permanent storm water facilities to allow for proper access and maintenance activities. At a minimum, drainage easements shall meet the following criteria.
				1.	Easements are required for all ponding areas to the basin’s 100-year storm high water level elevation.
				2.	Easements are required for all outlet swales and ditches, and for overland overflow routes located downstream of basins located on site.
				3.	Easements are required for all storm sewer pipes, throughout its entire length. For storm sewer pipes installed less than 10 feet in depth within private property, the easement shall be a minimum of 20 feet wide. For storm sewer pipes installed greater than 10 feet in depth within private property, the easement shall be a minimum of 30 feet wide, or as determined by the City Engineer.
				4.	Easements are required for maintenance vehicle access to all storm water facilities where not directly available on a public road.
				5.	If a storm water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.
	(B)	Erosion and sediment control plan.
		(1)	All erosion and sediment control plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant watershed districts (Brown’s Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and other regulatory agencies.
		(2)	Erosion and sediment control criteria.
			(a)	Erosion and sediment control plans will be assessed in the following ways:
				1.	Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions;
				2.	Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition;
				3.	Minimize off-site sediment transport on trucks and equipment;
				4.	Minimize work in and adjacent to water bodies and wetlands;
				5.	Maintain stable slopes;
				6.	Avoid steep slopes and the need for high cuts and fills;
				7.	Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing;
				8.	Minimize the compaction of site soils;
				9.	Using and maintaining temporary and permanent soil stabilization;
				10.	Controlling site waste through the use of a designated concrete washout area; and
				11.	Managing site waste of all unused building materials by properly disposed of wastes offsite and not allowing site wastes to be carried by runoff into a receiving channel or storm sewer system.
			(b)	All sites must be maintained to prevent unreasonable erosion and sedimentation.
			(c)	Erosion control measures must be in place before any land disturbance activity begins, and measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken.
			(d)	Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before sites are left idle for weekends and holidays.
			(e)	All temporary erosion and sediment control measures, such as silt fence and inlet protection devices, shall be removed within 30 days after permanent stabilization is attained. All storm sewer systems and drainage ways must be flushed and cleaned of sediment accumulation and all accumulated sediments must be removed and properly disposed.
(Ord. 08-016, passed 6-16-2009; Am. Ord. 08-043, passed 5-3-2011; Am. Ord. 08-090, passed 10-15-2013)
§ 150.278  STORM WATER FACILITY MAINTENANCE.
	(A)	Maintenance of publically owned facilities.
		(1)	The city shall perform maintenance of publicly owned storm water facilities within the city as provided for in the local surface water management plan and the City Storm Water Pollution Prevention Plan.
		(2)	A final inspection shall be required before the city accepts ownership of the stormwater facilities. Before work under the plan is deemed complete, the applicant must submit as-built record drawings and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications.
	(B)	Maintenance of privately owned facilities.  A maintenance agreement in a form acceptable to the city must be executed and recorded with the county for all permanent storm water facilities to be located on private property. The agreement shall provide a maintenance plan defining the party responsible to conduct maintenance, the type of maintenance and the maintenance intervals.
(Ord. 08-016, passed 6-16-2009)
§ 150.279  MONITORING AND INSPECTIONS.
	(A)	Monitoring and inspection requirements for site construction.  The applicant is responsible for inspections and record keeping in accordance with the approved plan requirements and NPDES permit requirements. The applicant must maintain a copy of the approved storm water management and erosion and sediment control plans at the site at all times including all daily records required by the plan(s). The applicant must monitor site conditions and make any and all necessary repairs and corrections to the erosion control measures to maintain site compliance. The applicant has a duty to report to the city any illegal offsite discharges. Failure to make a report within 24 hours of the discovery of the offsite discharge shall constitute a violation of this subchapter.
	(B)	City inspections.
		(1)	The city shall conduct inspections on a regular basis to ensure that both storm water and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The city shall not be responsible for the direct or indirect consequences to the applicant or to third-parties for non-compliant conditions undetected by inspection.
		(2)	Right of entry. The issuance of an approved plan under this subchapter constitutes a right of entry for the city or its contractor to enter upon the construction site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys, including the right to bring such equipment to perform such surveys and investigations. The City Inspector may copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this site, and may inspect the storm water pollution control and erosion control measures including any sampling and monitoring pertaining to the compliance requirements for the site.
		(3)	Construction shall not occur on the site at any time when the city has identified conditions of non-compliance or a stop work order has been issued.
		(4)	Construction activities undertaken by an applicant prior to resolution of all discrepancies specified by the city shall constitute a violation of this subchapter.
		(5)	Whenever there is insufficient evidence of compliance with any of the provisions of this subchapter or evidence that any material or construction does not conform to the requirements of the approved plans, the city may require tests as proof of compliance to be made at no expense to the city. Test methods shall be as specified by recognized test standards, or in the absence thereof, by the city.
(Ord. 08-016, passed 6-16-2009)
§ 150.280  ENFORCEMENT.
	(A)	Enforcement.  The city shall be responsible for enforcing this subchapter.
	(B)	Penalties.  Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations.
	(C)	Enforcement by stop work order.
		(1)	Whenever a city inspector finds any violation of this subchapter, the inspector will fill out an inspection form noting the observed violations and a stop work order will be issued.
		(2)	The stop work order shall be in writing and shall be given to the applicant or the applicant’s agent.
		(3)	Upon issuance of the stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order.
		(4)	The applicant must immediately begin corrective actions to remedy the violations. Once the violations have been corrected the applicant must contact the city to schedule a re-inspection.
		(5)	The applicant may commence further activity at the site after a re-inspection is provided by the city and the city determines that the site is in compliance, and all fees associated with the violation are paid in full.
		(6)	If the applicant fails to correct the violations in a timely manner, the city may correct the cited violations and draw down the escrow to cover the costs.
	(D)	Enforcement actions to ensure compliance.
		(1)	 The city can take the additional following actions in the event of a failure by applicant to meet the terms of this subchapter.
			(a)	Withhold inspections or issuance of certificates or approvals.
			(b)	Revoke any permit issued by the city to the applicant.
			(c)	Conduct remedial or corrective action on the development site or adjacent site affected by the failure.
			(d)	Recover from applicant all costs associated with correcting the failure or remediating damage from the failure, by drawing down any escrow funds. If the costs exceed the escrow funds the city may invoice the applicant with payment due immediately. All payments by applicant must be made prior to resuming work on the site.
			(e)	Bring other actions against the applicant to recover costs of remediation or meeting the terms of this subchapter.
(Ord. 08-016, passed 6-16-2009)
§ 150.281  FINANCIAL SECURITIES.
	(A)	Financial securities.  The applicant shall provide security for the performance of the work in the amount established in the city’s fee schedule, and in a form acceptable to the city.
	(B)	Action against the financial security.  The city may access the financial security to conduct work necessary to correct any violations in a timely manner and in accordance with the provisions of this subchapter. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to 10% of the any contractor(s) invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work including, but not limited to, staff time, engineering fees and attorney’s fees.
	(C)	Maintenance of financial security.  If at any time the financial security is drawn upon, the applicant will be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site.
(Ord. 08-016, passed 6-16-2009)
§ 150.282  STORM WATER UTILITY.
	Please refer to Chapter 53 in the City Code.
(Ord. 08-016, passed 6-16-2009)
§ 150.283  LAWN FERTILIZER REGULATIONS.
	No person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces, or within storm water drainage systems, natural drainage ways, or within wetland buffer areas.
(Ord. 08-016, passed 6-16-2009)  Penalty, see § 10.99
§ 150.284  OTHER CONTROLS.
	(A)	In the event of any conflict between the provisions of this subchapter and the provisions of any other city ordinance adopted by the city council, the more restrictive standard prevails.
	(B)	The city reserves the right to impose supplemental or additional conditions or requirements to prevent erosion or undesired runoff.
(Ord. 08-016, passed 6-16-2009)
ILLICIT DISCHARGE AND CONNECTION
§ 150.300  PURPOSE.
	The general purpose of this subchapter is to provide for the health, safety, and general welfare of the public through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the City of Lake Elmo by the Minnesota Pollution control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objections of this subchapter are:
	(A)	To regulate the contribution of pollutants to the MS4 by storm water discharges by any user;
	(B)	To prohibit illicit connections and discharges to the MS4;
	(C)	To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter.
(Ord. 2012-59, passed 6-5-2012)
§ 150.301  APPLICABILITY.
	This subchapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by § 150.306(A)(1) through (A)(4) of this subchapter.
(Ord. 2012-59, passed 6-5-2012)
§ 150.302  DEFINITIONS.
	For the purposes of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code.
(Ord. 2012-59, passed 6-5-2012)
§ 150.303  RESPONSIBILITY FOR ADMINISTRATION.
	The City of Lake Elmo shall administer, implement, and enforce the provisions of this subchapter. Any powers granted or duties imposed upon the City of Lake Elmo maybe delegated in writing by the City Administrator to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 2012-59, passed 6-5-2012)
§ 150.304  COMPATIBILITY WITH OTHER REGULATIONS.
	This subchapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Ord. 2012-59, passed 6-5-2012)
§ 150.305  ULTIMATE RESPONSIBILITY.
	The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore this subchapter does not intend or imply that compliance by any person will ensue that there will be no contamination, pollution, or unauthorized discharge of pollutants.
(Ord. 2012-59, passed 6-5-2012)
§ 150.306  DISCHARGE PROHIBITIONS.
	(A)	Prohibition of illegal discharges.  No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
		(1)	The following discharges are exempt from discharge prohibitions established by this subchapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, street wash water, dechlorinated swimming pool water, and any other water source not containing a pollutant.
			(a)	For swimming pool discharges, water shall sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge.
			(b)	Discharge of swimming pools, crawl spaces, sump pumps, footing drains and other sources that may be determined to contain sediment or other forms or pollutants may NOT be discharged directly to a gutter or storm sewer. This discharge must be allowed to flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals and infiltration of water consistent with the storm water requirements of the City of Lake Elmo.
		(2)	Discharges or flow from firefighting, and other discharges specified in writing by the City of Lake Elmo as being necessary to protect public health and safety.
		(3)	Discharges associated with dye testing, however this activity requires a written notification to the City of Lake Elmo prior to the time of the test.
		(4)	The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA, provided that the discharger is in foil compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
	(B)	Prohibition of illicit connections.
		(1)	The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
		(2)	This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
		(3)	A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
		(4)	Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Lake Elmo.
		(5)	Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Lake Elmo requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Lake Elmo.
	(C)	Additional discharge prohibitions. Any owner or occupant of property within the City of Lake Elmo shall comply with the following requirements:
		(1)	Subsurface sewage treatment systems shall be maintained to prevent failure.
		(2)	Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility.
		(3)	Mobile washing companies (carpet cleaning, mobile vehicle washing, and the like) shall dispose of wastewater to the sanitary sewer.
		(4)	All motor vehicle parking lots and private streets shall be swept, at a minimum, once a year in the spring to remove debris. Such debris shall be collected and properly disposed.
		(5)	Fuel, chemical residue, household hazardous waste or other types of potentially harmful material shall be disposed of properly.
		(6)	Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.
		(7)	Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills or discharges.
(Ord. 2012-59, passed 6-5-2012)
§ 150.307  WATERCOURSE PROTECTION.
	Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(Ord. 2012-59, passed 6-5-2012)
§ 150.308  INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
	Submission of Notice of Intent (NOI) to the City of Lake Elmo.
	(A)	Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit is required in a form acceptable to the City of Lake Elmo prior to the allowing of discharges to the MS4.
		(1)	Industrial activity includes activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section 122.26 (b)(14).
		(2)	Construction activity includes activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
	(B)	The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the NOI to the City of Lake Elmo at the same time the operator submits the original NOI to the EPA as applicable.
	(C)	The copy of the NOI must be delivered to the City of Lake Elmo either in person or by mailing it to:
				Notice of Intent to Discharge Storm Water
				City of Lake Elmo
				3800 Laverne Avenue S.
				Lake Elmo, MN  55042
	(D)	A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the NOI to do so to the City of Lake Elmo.
(Ord. 2012-59, passed 6-5-2012)
§ 150.309  REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
	The City of Lake Elmo will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this subchapter. These BMPs shall be part of a storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 2012-59, passed 6-5-2012)
§ 150.310  NOTIFICATION OF SPILLS.
	Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City of Lake Elmo in person or by phone no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Failure to provide notification of a release as provided above is a violation of this subchapter.
(Ord. 2012-59, passed 6-5-2012)
§ 150.311  RIGHT OF ENTRY.
	The City of Lake Elmo shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter, including the right to set up, or require facilities owner to set up devices necessary to conduct monitoring and/or sampling of the facilities storm water discharge.
(Ord. 2012-59, passed 6-5-2012)
§ 150.312  ENFORCEMENT.
	(A)	Enforcement.  The City of Lake Elmo shall be responsible for enforcing this subchapter.
	(B)	Penalties.  Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations.
	(C)	Emergency cease and desist orders.  When the City of Lake Elmo finds that any person has violated, or continues to violate, any provision of this subchapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Lake Elmo may issue an order to the violator directing it immediately to cease and desist all such violations.
	(D)	Suspension due to the detection of illicit discharge.  Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.  Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger.
	(E)	Violations deemed a public nuisance.  In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense; and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 2012-59, passed 6-5-2012)
§ 150.313  SEVERABILITY.
	The provisions of this subchapter are severable. If any provision of this subchapter or the application of any provision of this subchapter to any circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter, which can be given effect without the invalid provision or application.
(Ord. 2012-59, passed 6-5-2012)
§ 150.314  AUTHORITY.
	This subchapter shall become effective upon its passage and publication in accordance with the law.
(Ord. 2012-59, passed 6-5-2012)
INTERNATIONAL PROPERTY MAINTENANCE CODE
§ 150.325  ADOPTION BY REFERENCE.
	The City of lake Elmo does hereby adopt, by reference, the year 2006 edition of the International Property Maintenance Code, as hereinafter amended pursuant to this subchapter, as the Property Maintenance Code of the City of Lake Elmo.
(Ord. 08-075, passed 5-7-2013)
§ 150.326  AMENDMENTS.
	(A)	The year 2006 edition of the International Property Maintenance Code adopted by this subchapter is hereby modified by deleting the following sections: 103.2, 103.3, 302.4, and sections 111.1 through 111.8.
	(B)	The year 2006 edition of the International Property Maintenance Code adopted by this subchapter is hereby amended by modifying the following denominated sections thereof to read as hereinafter set forth:
		(1)	Chapter 1.
			101.1  For the purpose of this article, these regulations shall be known as the Property Maintenance Code of the City of Lake Elmo, hereinafter referred to as this code.
			102.3  Application of Other Codes.  Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Minnesota State Building Code.  Nothing in this code shall be construed to cancel, modify or set aside any of the provisions of the City of Lake Elmo Zoning Code.
			103.1  Enforcement.  Responsibility for enforcement of this code shall be vested in the City’s Building Officials Office.  The City’s Building Official is hereby appointed as the code official for the purposes of this code and employees acting under his or her discretion and control shall be deemed to be deputy code officials.
			103.5 Fees.  The fees for activities and services performed by the department carrying out its responsibilities under this Code shall be determined by the City Council.
		(2)	Chapter 3.
			304.14  Insect Screens.  During the period from May 15 to October 31 every door window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. 
		(3)	Chapter 6.
			602.3  Heat Supply.  Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 31 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms.
			602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 31 to maintain a temperature of 65°F (18°C) during the period the spaces are occupied.
		(4)	Chapter 8.
			800 General References.  Whenever this code refers to the International Building Code, the ICC Electrical Code, the International Fire Code, the International Mechanical Code, or the International Plumbing Code, such references shall be deemed to the comparable applicable Code as adopted by the State of Minnesota.  Whenever this code shall refer to the International Zoning Code, such references shall be deemed to be Chapter 154 of the Lake Elmo City Code.
(Ord. 08-075, passed 5-7-2013)
CHAPTER 151:  BUILDING REGULATIONS
Section
Building Code
	151.001	State Building Code adopted
	151.002	Application, administrator, and enforcement; Minnesota Electrical Act
	151.003	Permits and fees
Permits, Fees, and Bonds; Excavating and Grading; Culverts; Moving Buildings into City
	151.015	Generally
	151.016	Culverts in developments with rural section
	151.017	Excavation and grading permits
	151.018	Private road permits
	151.019	Moving buildings into city
	151.020	Exterior finish
	151.021	Expiration
	151.022	Security escrow for construction
	151.023	Survey
	151.024	(Reserved)
	151.025	Incompatible structures
	151.026	Suspension or revocation
	151.027	Construction site; grading requirements; surface water management and erosion and sediment control
Fire Detection
	151.040	Fire detection system required
	151.041	Fire protection and safety devices
Principal Buildings
	151.055	Minimum standards
Swimming Pools
	151.085	Swimming pools; generally
Tennis Courts
	151.100	Tennis courts; generally
Signs
	151.115	Purpose
	151.116	Administration and enforcement
	151.117	General standards
	151.118	Specific regulations by zoning district
	151.119	Sign variances
Manufactured Home Park
	151.135	Purpose
	151.136	Scope
	151.137	Definitions
	151.138	Permits
	151.139	Applications
	151.140	Fees
	151.141	Hearing
	151.142	Design standards
	151.143	Office
	151.144	Child-free area
	151.145	Building permits
	151.146	Operator
	151.147	Violations
	151.148	Inspections
	151.149	Flood plain management
	151.150	Storm shelters
Manufactured Home Park Closings
	151.165	Purpose and intent
	151.166	Notice of closing
	151.167	Public hearing
	151.168	Conditions of closing
	151.169	Park resident statement
	151.170	Election to receive relocation costs
	151.171	Election to receive compensation
	151.172	General requirements
	151.173	Limitation of relocation costs and compensation
	Exhibit A:	Official Sign District Map
BUILDING CODE
§ 151.001  STATE BUILDING CODE ADOPTED.
	(A)	The Minnesota State Building Code, as adopted by the Minnesota Commissioner of Administration, pursuant to M.S. Ch. §§ 16B.59 to 16B.75, including all optional chapter(s) hereinafter specifically adopted; and including all amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration through its Building Codes and Standards Division is hereby adopted by reference and incorporated as if fully set forth herein, and shall be known as the "Lake Elmo Building Code".
	(B)	The following optional provisions, as identified in the most current addition of the Minnesota State Building Code, are hereby adopted and incorporated as part of the Lake Elmo Building Code:
		(1)	1306.0020 Subpart 2 - Existing and New Buildings. Automatic sprinklers for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in Part 1306.0030, items (A) through (E).
		(2)	1306.0030(E)(1) Group R-1 and R-2 occupancies with 8,500 or more square feet of floor area or dwelling units or guest rooms on 3 or more floors; and attached R-3 occupancies and attached town houses built to the International Residential Code with 8,500 or more gross square feet of floor area. All floors, basements and garages are included in this floor area threshold.
(Ord. 97-121, passed 7-15-2003; Am. Ord. 97-157, passed 5-17-2005; Am. Ord. 97-171, passed 5-26-2006)
§ 151.002  APPLICATION, ADMINISTRATOR, AND ENFORCEMENT; MINNESOTA ELECTRICAL ACT.
	(A)	The application, administration, and enforcement of the code shall be in accordance with Minn. Rules Chapter 1300, as it may be amended from time to time.  The code shall be enforced within the extraterritorial limits permitted by M.S. § 16B.62, Subd. 2, as it may be amended from time to time, when so established by §§ 151.001 et seq.
	(B)	The code enforcement agency is the City of Lake Elmo.
	(C)	This code shall be enforced by the Minnesota Certified Building Official designated by the City of Lake Elmo to administer the code (M.S. § 16B.62, Subd. 1, as it may be amended from time to time).
	(D)	Minnesota Electrical Act.
		(1)	Authority to inspect.  The City of Lake Elmo derives its authority to provide inspection of electrical installations pursuant to M.S. § 326B.36, subd. 6, and the City of Lake Elmo desires and intends to provide for all electrical inspections within the city limits.
		(2)	Lake Elmo Electrical Code. The Lake Elmo Electrical Code shall constitute the Minnesota Electrical Act , as adopted by the Commissioner of Labor and Industry pursuant to M.S. §§ 326B.31 to 326B.399 and the Minnesota Electrical Act is hereby incorporated by reference as if fully set out herein; and the Lake Elmo Electrical Code shall also include the National Electrical Code incorporated by reference into the Minnesota State Building Code pursuant to Minnesota Rule 1315.0020, and the National Electrical Code is hereby incorporated by reference as if fully set out herein. Any periodic amendments or updates to the Minnesota Electrical Act and to the National Electrical Code shall be automatically adopted and incorporated into the Lake Elmo Electrical Code by reference as if set out herein.
		(3)	Compliance. All electrical inspections performed pursuant to this § 151.002 shall comply with the Lake Elmo Electrical Code which is comprised of the Minnesota Electrical Act, and the National Electrical Code as incorporated by reference above. An electrical inspector designated by the city shall be a state licensed Class A journeyman electrician ( as defined under M.S.§ 326B.31 subd. 8) or a state licensed Class A master electrician (as defined under M.S. § 326B.31, subd. 9) and shall be responsible for enforcing the provisions of the Lake Elmo Electrical Code.
		(4)	Electrical permit. An electrical permit is required for each installation, alteration, addition, or repair of electrical work for light, heat and power within the limits of the city. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State or to resident owners who own and will occupy as a residence upon completion of its construction. Electrical plan submission may be required. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the state or to resident owners of property where the work is to be done. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code. Before commencing any installation of any electrical work regulated by the Lake Elmo Electrical Code, a permit shall be secured from the city.
		(5)	Electrical inspections fee schedule. Shall be set by City Council from time to time.
		(6)	Notice and appeal. All notices and orders issued pursuant to the Lake Elmo Electrical Code shall be in conformance in M.S. § 326B, subd. 4.
		(7)	Violations and penalties.  A violation of the Lake Elmo Electrical Code is a misdemeanor in conformance with the Minnesota Electrical Act’s penalty set forth in M.S. § 326B.082, subd. 16.  In addition violations of city code are subject to administrative citations and investigative fees per city code.
(Ord. 97-121, passed 7-15-2003; Am. Ord. 08-048, passed 7-19-2011; Am. Ord. 08-093, passed 11-19-2013)
§ 151.003  PERMITS AND FEES.
	The issuance of permits and the collection of fees shall be as authorized in M.S. § 16B.62, Subd. 1, as it may be amended from time to time.
(Ord. 97-121, passed 7-15-2003)
PERMITS, FEES, AND BONDS; EXCAVATING AND GRADING;
CULVERTS; MOVING BUILDINGS INTO CITY
§ 151.015  GENERALLY.
	(A)	Permits required.  No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city or cause these actions to be done without first obtaining a separate building permit for each building or structure as required by the State Building Code as adopted by this chapter.
	(B)	Fees established.
		(1)	Fees shall be as provided by City Council ordinance, as amended from time to time, and shall be attached as Appendix A of the code.
(Ord. 97-43, passed 5-4-1999; Am. Ord. 97-202, passed 12-4-2007)
		(2)	(a)	The Building Official shall utilize the chart of estimated construction costs as annually provided by the Minnesota Department of Administration, State Building Codes and Standards Division, to compute building valuations for the purposes of establishing the permit fees of the city.
			(b)	Specific fees are set forth from time to time by resolution of the City Council.
	(C)	Double fee.  If any construction is undertaken in the absence of a permit required by this code to be issued as a prerequisite to building construction, the permit fee shall be double the stated amount.
	(D)	Building demolition fees.  All building or structures prepared for demolition within the city require a demolition permit.
	(E)	Surcharge.  In addition to the permit fees required, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by M.S. § 16B.70, as it may be amended from time to time.
(1997 Code, § 505.01)  Penalty, see § 10.99
§ 151.016  CULVERTS IN DEVELOPMENTS WITH RURAL SECTION.
	No building permit shall be issued for any parcel served by a roadway with a rural ditch section until the applicant installs or is served by a driveway culvert of a type and in a manner to avoid obstruction of water flow, as determined by the City Engineer, or until the City Engineer determines that no culvert is necessary.
(1997 Code, § 505.02)
§ 151.017  EXCAVATION AND GRADING PERMITS.
	(A)	Permit required.  No person shall undertake, authorize, or permit any of the following actions without first having obtained a grading and excavating permit from the city:
		(1)	Any excavating, grading, filling, or other changes in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated wetlands, flood plain, or shoreland district;
		(2)	Any excavating, grading, filling, or other changes in the earth's topography in any designated wetlands, flood plain, or shoreland district for construction projects, development, or subdivisions;
		(3)	Any excavation of gravel or other materials for the purpose of creating wetlands, berming, other natural features, and landscape amenities; or
		(4)	Any changing of a natural drainage way or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property.
	(B)	Exceptions.  Notwithstanding the above, no grading or excavation permit shall be required for the following activities except as required by Minnesota State Building Code:
		(1)	Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval;
		(2)	Earthwork which will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated wetlands, flood plain, or shoreland district and does not affect local drainage patterns; or
		(3)	Public improvement projects.
	(C)	Plan approval required.  No grading or excavation permit shall be issued for site grading or excavation without approved plans for site development and adequate provision for site protection from wind or water erosion.  See § 150.273 for storm water and erosion and sediment control requirements.
	(D)	Changes to earth's topography prohibited without permit.  No person shall undertake, authorize, or permit any excavating, grading, filling, or other change in the earth's topography which violates or is not in compliance with a grading or excavating permit issued by the city, including the approved plans and all terms and conditions of the permit.
	(E)	Public hearing.  All grading and excavating applications, for the purpose of creating wetlands, berming, landscape amenities, and other natural features that result in the moving of more than 400 cubic yards of material per acre of site area shall require a public hearing.  To the extent possible grading permit review will be combined with other planning permits reviews.
	(F)	Review of grading permits.  Applications for a grading or excavation permit that require either an administrative review or approval by the City Council following a public hearing, shall be made to the City Planner on forms provided by the city.  The application shall be accompanied by the fee set forth from time to time by resolution of the City Council.
	(G)	Submission requirements.  All grading and excavation permit applications shall be accompanied by the following information:
		(1)	The legal description of the property;
		(2)	The required fee by Chapter 70 of the Uniform Building Code, as it may be amended from time to time;
		(3)	Evidence of ownership or an interest in the property;
		(4)	Existing and proposed final grades utilizing 2 foot contour intervals;
		(5)	A survey showing the location and elevation of all roads, utilities, and structures which may be impacted by the proposal;
		(6)	A tree survey showing all trees having a caliper of 6 inches or greater and a tree preservation plan;
		(7)	A landscaping and site restoration plan;
		(8)	A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this chapter and the Comprehensive Plan;
		(9)	A drainage plan which includes any engineering work for stormwater retention must comply with § 150.277;
		(10)	An erosion control plan indicating the type and location of erosion measures to be used, must comply with § 150.277;
		(11)	A traffic analysis showing how the materials will be removed from or delivered to the site;
		(12)	Two copies of all available soil borings together with boring location maps and any other soil information pertinent to improvements;
		(13)	The other information as may be required by the city;
		(14)	Schedule of building construction phasing on permit site;
		(15)	Hours of operation; and
		(16)	Duration of activity.
	(H)	Administrative review of grading and excavating permits.
		(1)	Grading or excavating plans that result in the moving of more than 50, but less than 400, cubic yards of material per acre may be approved by the City Administrator upon recommendation of the City Planner and City Engineer.  The application shall be accompanied by the submission requirements set forth in division (G) above.
		(2)	Upon receipt of a completed application, the City Planner shall review the application within 10 working days and shall notify the applicant of the decision by mail.  The City Planner may impose the modifications and conditions as may be necessary to protect the public interest.  Bonding may be required in any amount sufficient to ensure site restoration should the applicant default on his or her responsibilities.
	(I)	City Council review of grading and excavating permits.
		(1)	Grading and excavating plans that result in the moving of 400 cubic yards of material per acre require a public hearing and approval of the City Council.  The application shall be accompanied by the submission requirements set forth in division (G) above.
		(2)	Upon receipt of a completed application, the City Clerk shall call a public hearing within 30 days from the date of application.  Notice shall be published in the city's legal newspaper, and property owners within 350 feet of the project site shall be notified of the public hearing no less than 10 days prior to the hearing.  The application shall be reviewed by the City Planner and City Engineer and their written comments submitted to the City Council.
	(J)	Grading permit standards.  Grading and excavating permits shall be issued only for grading plans which comply with the following.
		(1)	The plans shall maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property.
		(2)	The plan shall utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property, and enhance the property's development potential.  All areas altered because of grading activity shall at a minimum, be restored with seed and disked mulch or sod within 2 weeks after the completion of the activity.  The city may approve an extension of this deadline if appropriate, but in no case shall site restoration be delayed beyond October 1.
		(3)	The plan shall not result in sites which are unsatisfactory for development of permitted uses.  The development potential of a site may be adversely impacted by the matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage, soil compaction detrimental to drainfield construction, or exposure to deleterious influences such as highway frontages for residential property.
		(4)	The plan shall provide for the removal of any significant amounts of organic material or construction debris from the site.
		(5)	In instances where an existing natural or created buffer will be impacted by grading or filling operations, site restoration shall be completed in a manner which resembles, to the extent possible, the original vegetative and topography state of the property, when deemed appropriate by the city.
		(6)	The plan shall protect wetlands, flood plains, shorelands, public waters, and other natural features to the maximum extent possible.
		(7)	The plan shall provide for adequate drainage, stormwater retention, and erosion control measures.
		(8)	The plan shall provide for traffic movements to and from the site which do not have significant adverse affects on roads, intersection, or development in the area.  Streets surrounding the site shall be swept as needed to remove any debris which may accumulate due to these activities.
		(9)	The plan shall include a schedule of activities which limits the duration of off-site disruptions and impacts.
		(10)	The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the Minnesota Department of Natural Resources, and any other government agency which has jurisdiction.
		(11)	(a)	The plan shall be accompanied by a bond sufficient to ensure compliance with the approved permit and adequate site restoration.
			(b)	The amount of the bond shall be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property.
		(12)	The plan shall comply with the Minnesota State Building Code and all other applicable statutes or ordinances.
(1997 Code, § 505.03)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 151.018  PRIVATE ROAD PERMITS.
	A permit shall be required to construct an asphalt, concrete, or gravel private road or alley.  Fees are set forth from time to time by ordinance of the Council.
(1997 Code, § 505.04)  Penalty, see § 10.99
§ 151.019  MOVING BUILDINGS INTO CITY.
	(A)	Application.  Prior to moving a building or structure which will be located or relocated within the city, a moving permit must be obtained from the Council.  The application for a moving permit shall include the following information:
		(1)	A performance bond in an amount set forth by the Council based on a written recommendation of the Building Official, City Attorney, and/or City Planner;
(Am. Ord. 9706, passed 5-20-1997)
		(2)	A certificate of insurance which indicates that the applicant has obtained liability coverage and property damage coverage in an amount set forth by the Council based on a written recommendation of the Building Official, City Attorney, and/or City Planner;
(Am. Ord. 9706, passed 5-20-1997)
		(3)	Photos of all sides of the building or structure;
		(4)	A complete description of the building or structure including its age and physical condition;
		(5)	A site plan;
		(6)	A percolation test for the site in the city on which the building will be located or relocated;
		(7)	An application fee set forth from time to time by Council resolution;
		(8)	A written approval from utility companies;
		(9)	Proof of ownership of site in city on which the building will be located or relocated
		(10)	Proof of state license for house and building moving; and
		(11)	The required fee.
	(B)	Inspection.  The Building Inspector shall inspect the building or structure for which the permit is requested before and after it is moved.  Applicant shall reimburse the city for expenses incurred by the Building Official in order to inspect a building or structure located beyond the borders of the city.  The expense reimbursement shall be made before issuance of the moving permit.
	(C)	Standards.  All improvements required to render the building or structure safe and suitable for occupancy shall be completed prior to occupancy.  Additional improvements necessary to ensure that the building or structure complies with the city's building code and with the site grading requirements or landscaping requirements for the zone, in which the structure will be located, shall be completed within 12 months of the date of issuance of the moving permit.  The building or structure as improved shall not materially depreciate surrounding property values.
	(D)	Review procedure.
		(1)	The completed application shall be submitted to the Planning Commission along with recommendations of the Building Official.  The Planning Commission shall conduct a hearing on the application preceded by at least 10-days mailed notice to all property owners within 350 feet of the building location site.  The Planning Commission shall make its recommendation to the City Council within 40 days after the completed application has been referred to the Planning Commission.  If the Planning Commission recommendation is not received within the required time, the Council may take action without the Planning Commission's report.
		(2)	The Council may grant or deny the application or table it in order to obtain additional data necessary to make a reasonable decision.  The Council may require that the applicant post a performance bond, letter of credit, or cash deposit, in a reasonable amount in order to insure that applicant completes those improvements which are required to be completed within 12 months of the date of the issuance of the moving permit.
(1997 Code, § 505.05)  Penalty, see § 10.99
§ 151.020  EXTERIOR FINISH.
	All residential buildings shall have the exterior finished within 1 year of the date of the permit was issued.
(1997 Code, § 505.06)  Penalty, see § 10.99
§ 151.021  EXPIRATION.
	(A)	Every permit issued by the Building Official shall expire by limitation and become null and void after 1 year, or if the building or work authorized by the permit is not commenced within 120 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 120 days.
	(B)	Before the work can be recommended, a new permit shall be first obtained to do so, and the fee for the permit shall be 1/2 the amount required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further, that the suspension or abandonment has not exceeded 1 year.
(1997 Code, § 505.07)  Penalty, see § 10.99
§ 151.022  SECURITY ESCROW FOR CONSTRUCTION.
	(A)	Security escrow. A security escrow in an amount established by the city’s Fee Schedule or Building Official shall be paid before a building permit is issued for the construction of all new structures and other significant construction related projects at the discretion of the city. The security shall be returned to the applicant upon the successful completion of the following:
		(1)	Compliance with the State Building Code;
		(2)	Compliance with the City of Lake Elmo City Code; and
		(3)	Compliance with specified requirements as determined by the Building Official.
	(B)	Purpose. The security may be used at any time for the remediation of construction related damage or debris on and around the site and other violations of the city code, including, but not limited to, erosion control, street maintenance, and landscaping. If the security items are not completed within six months of start of construction, excluding the time between November 1 and April 1, or upon the builder filing bankruptcy, or if the job is abandoned for 30 days or more, the city may enter the lot, perform the work, and apply the security toward the cost, plus administrative fees.
	(C)	Action against the financial security. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to 10% of the any contractor(s) invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work including, but not limited to, staff time, engineering fees and attorney’s fees.
	(D)	Maintenance of financial security. If at any time the financial security is drawn upon, the applicant may be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. 
(Ord. 08-65, passed 1-15-2013) 
§ 151.023  SURVEY.
	The Building Inspector may require a certificate of survey showing the actual dimensions of the lot to be built on, the exact size and location on the lot of the building and accessory buildings to be erected, and other information as may be necessary to determine compliance with the city code, before issuing a building permit for new construction on any lot.
(1997 Code, § 505.09)
§ 151.024  (RESERVED).
§ 151.025  INCOMPATIBLE STRUCTURES.
	(A)	Referral by Inspector and Clerk.  Whenever an application is filed with the city for a building permit for any structure to be built, enlarged, or altered within, or moved in or into the city, and the Building Inspector finds that the application, plans, and specifications, and the plot plan submitted (the application papers) comply with the code of the city except that the application papers provide for a structure, the exterior design, appearance, and functional plan which the Building Inspector and the Clerk feel may be so at variance or so similar with the exterior design, appearance, and functional plan of structures in the neighborhood and same zoning district of the proposed structure as to cause a material depreciation generally to property in the neighborhood, then the Building Inspector shall within 10 days after the receipt of the application papers, file the papers and the opinion in writing, signed by the Building Inspector and the Clerk, with the Planning Commission.
	(B)	Call of hearing.  Within 10 days after the receipt of the application papers and opinions, the Clerk shall give notice to each member of Planning Commission and to the public by publication in the official paper and to any other persons the Clerk deems advisable, of a hearing to be held by the Planning Commission with respect to the application.  The notice shall state the purpose of the hearing and the location of the structure.  Notice to the applicant shall be by registered mail at least 3 days in advance of the hearing, provided appearance at the hearing shall constitute a waiver of any defect in the notice of the hearing.  The hearing on the application shall be held not less than 1 week nor more than 2 weeks after receipt of the application by the city.
	(C)	Hearing and findings.  Before or during the hearing, each member of the Planning Commission may view the premises upon which the structure is located or to be located, and at the hearing the Commission shall examine the application papers and hear the applicant.  It may also hear any citizens of the neighborhood and other individuals who request to be heard.  Within 48 hours of the close of the hearing, the Commission shall, pursuant to a majority vote of all the members of the Commission, file written findings of the fact.  It shall determine whether the exterior design, appearance, and functional plan of the structure is or is not at a variance or so similar with the exterior design, appearance, and functional plan of structures constructed or in the course of construction in the neighborhood of the proposed structures, (in the same zoning district) as to cause material depreciation generally to property in the neighborhood.  The Commission shall further make a recommendation that the application be accordingly granted or denied.  The finding, determination, and recommendation shall be in writing, signed on behalf of the Planning Commission by its Chair.  The Clerk shall file a certified copy of the finding, determination, and recommendation with the Building Official and shall mail a copy to the applicant.  The application papers, the written opinions, and the findings, determinations, and recommendations of the Planning Commission shall immediately be presented by the Clerk to the Council at its next regular meeting.  Further action with respect to the application shall be held in abeyance pending order and direction of the Council.  In that case, no permit with respect to the application shall be issued except upon order and direction of the Council.
(1997 Code, § 505.11)
§ 151.026  SUSPENSION OR REVOCATION.
	The Building Official may, in writing, suspend or revoke a permit issued under provisions of the building code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of the building code.
(1997 Code, § 505.12)
§ 151.027  CONSTRUCTION SITE; GRADING REQUIREMENTS; SURFACE WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL.
	(A)	Site grading.
		(1)	Submission requirements.  All applications for a building permit shall include a plot or site plan detailing the proposed finished grades of the site at all building corners and all lot corners.  All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located.
		(2)	As built grades certification.  No certificate of occupancy shall be issued by the city for any structure until the builder or the property owner have provided the city with a certificate of a registered surveyor or civil engineer attesting to the “as built” grades of all building corners and site corners; and, the certificate shows all the grades to be consistent with the plot or site plan attached to the building permit application.
	(B)	See §§ 150.279 and 150.280 for additional requirements.
	(C)	The requirements for construction site storm water management and erosion and sediment control are found in § 150.273.
(1997 Code, § 505.13)  (Am. Ord. 97-83, passed - -; Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
FIRE DETECTION
§ 151.040  FIRE DETECTION SYSTEM REQUIRED.
	(A)	Generally.  Every dwelling unit, hotel or motel, sleeping room, and rooming house shall be provided with an approved and operational detector of products of combustion as provided by this section.
	(B)	Conformance.  Every dwelling unit shall be provided with a detector of products of combustion other than heat conforming to U.B.C. § 1413, as it may be amended from time to time, and Standard No. 43-6 and approved by the building code division of the Department of Administration of the State of Minnesota.  The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.  Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway.  All detectors shall be located within 12 inches of the ceiling.  When actuated, the detector shall provide an alarm.
	(C)	Leased/multiple dwelling units.
		(1)	Leased dwelling units.  All dwelling units, hotel units, and motel units let to another shall be provided with a detector of products of combustion other than heat as set out in § 510.13, Subd. 1.
		(2)	Rooming houses.  Detectors of products of combustion shall also be provided in rooming houses in numbers that, when activated, the alarm is audible in all sleeping rooms, and detectors shall be provided on each and every floor used for sleeping purposes and within 15 feet of every doorway leading to a room used for sleeping purposes.
		(3)	Compliance.  Compliance with the requirements pertaining to rooming houses, dwelling units, hotel and motel units let to another shall be required as of 10-1-1977.
	(D)	Alterations to existing structures require detectors.  No permit shall be issued to enlarge, alter, repair, or improve any building or structure where the alterations exceed $500 unless the building or structure is provided with a detector of products of combustion which meets the specifications in divisions (B) and (C) above.
(1997 Code, § 510.01)  Penalty, see § 10.99
§ 151.041  FIRE PROTECTION AND SAFETY DEVICES.
	(A)	Generally.  Building owners shall comply with the following regulations on or before 1-1-2002 for existing commercial structures, and prior to the issuance of a certificate of occupancy for new commercial structures.
		(1)	Floor plans. A building floor plan shall be provided to the Lake Elmo Fire Chief.  The floor plan shall satisfy the following requirements:
			(a)	It shall illustrate, to scale, each floor and basement area;
			(b)	It shall illustrate locations for the electrical main panel and shut offs, gas utility locations and shut offs, water main shut offs, sprinkler system valves, and main shut offs;
			(c)	It shall illustrate the locations of all smoke detectors, fire alarms, fire alarm pulls, fire extinguishers, alarm indicator panels, and main alarm panels;
			(d)	It shall illustrate the location of stairwells, emergency exits, interior doorways, attic access, firewall locations, firewall attic access, and roof access; and
			(e)	Any other information as deemed necessary and reasonable by the Lake Elmo Fire Chief.
		(2)	Hazardous material list.  The Lake Elmo Fire Chief shall be provided a list of all hazardous materials/chemicals stored in the commercial structure and/or on the commercial property, a drawing to scale which provides the quantities of the materials/chemicals, and a material data sheet for each hazardous material/chemical.  Hazardous material lists shall be updated annually and when shipments of new or seasonal chemicals/materials are received.
		(3)	Standpipes.  All commercial buildings in excess of 1 story shall install Fire Department standpipe connections in stairwells with connections to the standpipe located on each floor landing area.  A standpipe shall satisfy the following requirements.
			(a)	It shall be constructed of a minimum of 3 inch piping with a 2 and 1/2 inch outlet for the Fire Department.
			(b)	It shall have a minimum flow capacity of 250 gallons per minute.
			(c)	It shall have connection threads that are consistent with the standards contained in the "National Standard Hose Threads" regulation.
		(4)	Exit signs.  All commercial structures with sleeping quarters shall install lighted exit signs above and on the side of doors at floor level on the door handle side of the frame.
		(5)	Smoke detectors.  Smoke detectors shall be required in all commercial structures.  Smoke detectors shall be connected to the fire alarm system for proper notification of the Fire Department when an alarm occurs.
		(6)	Annunciator panel.  The annunciator panel for heat, smoke, and fire alarm shall clearly show the location of the particular alarm or alarms that have tripped.
		(7)	Effective date.  Division (A) shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Lake Elmo City Council.
(Ord. 97-93, passed 11-7-2001)
	(B)	Lock boxes.
		(1)	Lock boxes shall be required on all new commercial structures in Lake Elmo.
		(2)	The lock box shall be mounted in an easily accessible location near the main entrance of the structure or as otherwise approved in writing by the Lake Elmo Fire Chief.
		(3)	The lock box shall contain all keys necessary to gain access to the commercial structure as well as access to interior areas of the structure.
		(4)	The Lake Elmo Fire Chief shall be contacted when access to a lock box is requested by the property owner in order to change keys for various building locks.
(Ord. 97-118, passed 4-1-2003)
Penalty, see § 10.99
PRINCIPAL BUILDINGS
§ 151.055  MINIMUM STANDARDS.
	(A)	Regulations.  All principal buildings shall meet or exceed the minimum standard of the Minnesota State Building Code or the Manufactured Housing Code, the Minnesota State Uniform Fire Code, the Minnesota Department of Health, the Minnesota Pollution Control Agency, and the city's on-site sewage treatment ordinance.
	(B)	Existing neighborhoods.  When the principal building is a dwelling unit in an existing neighborhood, it shall contain no less than 75% of the average square footage, in finished living area, of the homes in that block.  This provision may not be construed to require more than 940 square feet in finished living area for a 2-bedroom dwelling unit, in any neighborhood.
	(C)	Undeveloped areas.  When the principal building is a dwelling unit in an undeveloped block, it shall be required to meet the requirements of division (A) above only.
(1997 Code, § 515.01)  Penalty, see § 10.99
SWIMMING POOLS
§ 151.085  SWIMMING POOLS; GENERALLY.
	(A)	Permits required.  No person, corporation, partnership, or firm shall construct, repair, enlarge, alter, change, remodel, or otherwise significantly improve a swimming pool in the city without first having obtained a permit from the Building Official.
	(B)	Definitions.  Unless specifically defined in this section, common definitions, words, and phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage through this code.  Definitions are found in § 11.01.
	(C)	Application for permit.  The Building Official may require plans, specifications, and pertinent explanatory data be submitted with an application for a permit.
		(1)	An application for a permit which includes a site plan showing:
			(a)	The type and size of pool, location of pool, location of house, garage, fencing, and other improvements on the lot;
			(b)	The location of structures on all adjacent lots;
			(c)	The location of filter unit, pump, and writing indicating the type of the units;
			(d)	The location of back-flush and drainage outlets, grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around pool;
			(e)	The location of existing overhead or underground wiring, utility easements, trees, and similar features;
			(f)	The location of any water heating unit;
			(g)	The location of water supply systems, buried sewers, and sewage disposal systems, other utilities and proximate sources of possible contamination of the pool; and
			(h)	All dimensions, including the length, width, depth of the pool, the size of the pool deck, and the liquid capacity of the pool; plans shall be drawn to a scale of not smaller than 1/4 inch to 1 foot;
		(2)	The application shall be accompanied by the permit fee the Council establishes by resolution.
		(3)	Pools shall not be located within 20 feet of any septic tank/drainfield nor within 6 feet of any principal structure or frost footing.  Pools shall not be located within any required front or side yard setbacks.
		(4)	Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
		(5)	Pools shall not be located within any private or public utility, walkway, drainage, or other easements.
		(6)	In the case of underground pools, the necessary precautions shall be taken during the construction, to:
			(a)	Avoid damage, hazards, or inconvenience to adjacent or nearby property; and
			(b)	Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringements upon adjacent property.
		(7)	All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
		(8)	(a)	To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainage ways.
			(b)	Water shall not drain onto adjacent or nearby private land.
		(9)	The filter unit, pump, heating unit, and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 10 feet to any lot line.
	(D)	Pool piping.  Pool piping systems shall be constructed of materials prescribed in the city plumbing code.  Installation of the piping, including the pool water supply line, shall be inspected by the Building Official prior to covering the piping.
	(E)	Main outlets.  Pools shall be equipped with facilities for completely emptying the pool and effecting surface drainage (by gravity if elevations permit).  The drainage system shall be constructed in accordance with the provisions of the city plumbing code.
	(F)	Water supply.  Water supplies serving all swimming pools shall be of a safe sanitary quality and be acceptable to the County Health Officer.  The installation of the pool water supply piping and connection to the source of supply shall be in accordance with the city plumbing code.
	(G)	Electrical requirements.  All electrical installations provided for, installed, and used in conjunction with residential swimming pools shall conform with the state electrical code and shall be inspected and approved by the state electrical inspector.  No current-carrying electrical conductors shall cross residential swimming pools, either overhead or underground or within 15 feet of the pools, except as necessary for pool lighting or pool accessories.
	(H)	Heating requirements.  Permits shall be required for all heating units used in conjunction with swimming pools.  Installation shall be made in accordance with the city heating building code in effect at the time of installation.
	(I)	Pressure relief valves.  Pools shall be designed and constructed with under-drain systems and pressure relief valves to prevent pool flotation, where the Building Official determines the same to be necessary.
	(J)	Shield lights.  Lights used to illuminate any swimming pool shall be so arranged and shielded so as to reflect light away from adjoining properties.
	(K)	Location.  All swimming pools or appurtenances to swimming pools shall be located in the rear yard and meet the setback requirements of the district in which it is located.  Requests for a variance from the provisions of this section shall be referred first to the Planning Commission for its study and recommendation and then to the Council.
	(L)	Fences.  All swimming pools shall be completely enclosed by a non-climbable type fence.  All fence openings or points of entry into the pool area shall be equipped with gates.  The fence and gates shall be at least 4 feet in height and shall be constructed of a minimum number 11 gauge woven wire mesh corrosion-resistant material or other material approved by the Building Official.  All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise be inaccessible to small children.  All fence posts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection.  The openings between the bottom of the fence and the ground or other surface shall not be more than 4 inches.
	(M)	Safety equipment.  Every swimming pool shall be equipped with 1 or more throwing ring buoys not more than 15 inches in diameter and having 50 feet (or the diagonal measurement of pool - whichever is larger) of 3/16 inch nylon line (or equivalent) attached.
	(N)	Above-ground swimming pools.  Ladders or stairs which are attached to or placed against the outside of above-ground tank-type swimming pools having a depth of 24 inches or more shall be removed from the outside of the pool when it is not being used by the owner or owner's authorized guests.  All other applicable provisions of this section shall apply to above-ground pools.
	(O)	Public or semi-public swimming pools.  Swimming pools other than residential pools shall be constructed and operated in conformance with standards for the installations established by the Minnesota State Board of Health.  In addition, the person, firm, corporation, or agency proposing the construction of a swimming pool other than residential shall file with the Building Official, prior to the beginning of any construction, a copy of the report prepared and issued by the Minnesota State Health Department showing approval of the plans, and 1 set of pool plans upon which the approval is indicated by stamp, seal, or other official marking of that agency.
(1997 Code, § 525.01)  Penalty, see § 10.99
TENNIS COURTS
§ 151.100  TENNIS COURTS; GENERALLY.
	(A)	Permits required.  A permit shall be required for all private tennis courts on residential lots.
	(B)	Application.  An application for a permit shall include name, address, lot and block number, and a site plan showing the size, shape, and pavement and sub-pavement materials, the location of the court, the location of the house, garage, fencing, septic systems, and any other structural improvements on the lot, the location of structures on all adjacent lots, a grading plan showing all revised drainage patterns and finished elevations at the 4 corners of the court, landscaping and turf protection around the court, location of existing and proposed wiring and lighting facilities.
	(C)	Administration.  Permits shall be issued by the Building Official.
	(D)	Applicable standards.
		(1)	Tennis courts shall not be located closer than 10 feet on any side or rear lot line.  Tennis courts shall not be located within any required front yard.
		(2)	Tennis courts shall not be located over underground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage, or other easement.
		(3)	Solid tennis court practice walls shall not exceed 10 feet in height.  A building permit shall be required for the walls.  The walls shall be set back a minimum of 30 feet from any lot line.
		(4)	Chain link fencing surrounding the tennis court may extend up to 10 feet in height above the tennis court surface elevation.
	(E)	Fees.  Fees shall be based on the value system established in the State Building Code, or as adopted by ordinance of the Council.
(1997 Code, § 530.01)  Penalty, see § 10.99
SIGNS
§ 151.115  PURPOSE.
	(A)	Purpose and findings.
		(1)	Purpose.
			(a) The Lake Elmo sign regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the business community’s need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety, general welfare, and desirable rural community image through the regulation of signs with the following objectives in mind:
				1.	 Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter-style signs;
				2.	Permit large enough copy/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple, uncluttered messages;
				3.	Signs shall be proportioned to the size of, and architecturally compatible with, the structures and other signs on the premises;
				4.	Permanent signs shall only advertise on-premise businesses, services, facilities, and the like;
				5.	Allow temporary business signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keeping with the city’s rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhance the city’s rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and
				6.	Signs shall be properly maintained.
				7.	Dynamic signs that distract drivers, cyclists and pedestrians shall not be permitted. Studies conducted by public and private agencies have identified that dynamic signs, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic signs, including video display signs, the City finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs, including video display signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, September 11, 2001, and The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, Distractions in Everyday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001, reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents.
		(2)	Findings.  The City of Lake Elmo hereby finds that regulation of the construction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives, because:
			(a)	The presence of permanent and temporary signage affects the rural image of the City of Lake Elmo;
			(b)	Properly regulated signage can create an atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and a healthier tax base;
			(c)	The safety of motorists, cyclists, and pedestrians can be threatened by signage that interferes with necessary sight-distances and/or unduly diverts the attention of such persons;
			(d)	Signs that are too bright, overly illuminated, flash, blink, scroll, twirl, change messages or color, or imitate movement, including video displays, can distract drivers, cyclists and pedestrians and impact traffic safety.
	(B)	Severability. If any section, subsection, sentence, clause, or phrase in §§ 151.115 through 151.119 are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the sign ordinance . The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
(Ord. 08-015, passed 7-21-2009)
§ 151.116  ADMINISTRATION AND ENFORCEMENT.
	(A)	Permit required.  No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.
		(1)	Permanent signs. To apply for a permanent sign permit, a complete application shall be submitted to the City containing the following:
			(a)	Names and addresses of the applicant, owners of the sign, and lot;
			(b)	The address at which the sign(s) are to be erected;
			(c)	The legal description of the property on which the sign(s) are to be erected and the street on which they are to front;
			(d)	A complete set of scaled plans showing the sign dimensions, area, height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the proposed signs);
			(e)	Type of sign(s) being requested (i.e. wall sign, monument sign, and the like);
			(f)	The permit fee; and
			(g)	The following if applicable:
				1.	Written authorization from the property owner upon who’s land the sign is to be erected;
				2.	A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road;
				3.	A sign plan showing signs for all businesses if the sign is located on a building with more than one business;
				4.	Photographs of the building face and the building faces of both adjacent buildings if the sign is being placed on an existing structure; and
				5.	If replacing a historical sign, pictorial proof or other information that the sign is of historical significance or is a reproduction of a historic sign.
		(2)	Temporary signs. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the city containing the following:
			(a)	Names and addresses of the applicant, owners of the sign, and lot;
			(b)	The address at which the sign(s) are to be erected;
			(c)	A generalized plan set showing the sign dimensions and height, and a notation of the materials to be used;
			(d)	A scaled site plan which clearly represents the placement of the proposed sign(s) on the applicable property;
			(e)	The proposed time frame(s) over which the sign(s) will be posted;
			(f)	The permit fee; and
			(g)	The following if applicable:
				1.	Written authorization from the property owner upon who’s land the sign is to be erected; and
				2.	A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road.
		(3)	Temporary sign renewal. A temporary sign permit issued by the city may be renewed provided the sign design, size, location, or other previously approved details are not proposed to change.  A sign renewal application shall include the following:
			(a)	Names and addresses of the applicant, owners of the sign, and lot;
			(b)	The address at which the sign(s) are to be erected;
			(c)	The date of issuance of the permit being renewed;
			(d)	The proposed time frame(s)over which the sign(s) will be posted;
			(e)	Written authorization from the property owner upon who’s land the sign is to be erected (if applicable); and
			(f)	The permit renewal fee.
		(4)	Review.  The planning department shall approve or deny complete sign permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant’s appeal rights.
	(B)	Exemptions.  The following signs shall not require a permit, but shall still comply with all provisions of this subchapter or any other law or ordinance regulating signs.
		(1)	The changing of the display surface on a previously approved sign.
		(2)	Signs 6 square feet or less in size, per surface if double sided.
		(3)	Window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed.
		(4)	Governmental signage.
	(C)	Fees.  The fee for a sign permit is established yearly in the city’s adopted fee schedule as indicated in § 11.02.
	(D)	Computations.	
		(1)	Sign area measurement.  The area of a sign shall be computed by means of the smallest circle, rectangle or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the building facade against which it is placed. When a sign has two back-to-back sign faces containing sign copy, the sign area for both faces are counted toward the total allowed sign area. Poles, bases, and other supports shall not be included in the sign area calculation.
Figure 1:  Sign Area Measurement

		(2)   Sign height measurement.  The height of the sign shall be computed as the vertical distance measured from the average grade at the base of the sign to the top of the highest attached component of the sign.
Figure 2: Sign Height Measurement

		(3)   Total sign area calculation.  The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property.
Figure 3: Total Sign Area Measurement Example

	(E)   Construction, maintenance and repairs.
		(1)	The construction of all signs, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended, which is hereby adopted by reference and made a part of this subchapter.
		(2)	All signs and structures shall be properly maintained and shall be constructed of sufficiently permanent material so that they shall not succumb to deterioration from weathering.
		(3)	Any existing sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted, repaired, replaced, or removed if repair is not feasible. Sign maintenance shall be the responsibility of the underlying fee owner.
	(F)	Abatement.  If the city finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any zoning provision, the city may give written notice of such violation to the installer of the sign; to the permit holder; and/or to the owner, lessee or manager of the property. If after receiving said notice such person fails to remove or alter the sign so as to comply with the provisions of the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by the city under M.S. Ch. 429. The cost of such abatement, including administrative expenses and reasonable attorneys’ fees, may be levied as a special assessment against the property upon which the sign is located.
(Ord. 08-015, passed 7-21-2009)
§ 151.117  GENERAL STANDARDS.
	(A)	Abandoned signs.  Abandoned signs shall be removed.
	(B)	Building identification.  A building address, date of construction, commemorative tablet, and the like; shall not count towards the overall permitted signage on a building or parcel. All forms of building identification, except for the building address, shall be cut into a masonry surface or be constructed of bronze or other incombustible material.
	(C)	Building official review.  No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official.
	(D)	Changeable copy signs.  A changeable copy sign, such as a reader board, may he integrated into an allowable sign subject to the following restrictions:
		(1)	The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists;
		(2)	Copy on the sign shall not change more than once per day on average (except for time, temperature, and price information which must change when necessary for accuracy);
		(3)	Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring; and
		(4)	All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of sign on which the face is placed, whichever is less.
	(E)	Flags.  No more than 3 flags may be displayed on any given parcel. Individual flags shall not exceed 50 square feet in size per surface.
	(F)	Illumination.
		(1)	Illumination of signs shall comply with Chapter 150 code requirements governing lighting, glare control, and exterior lighting standards.
		(2)	Indirect illumination for signs shall be so constructed and maintained that the source of light (i.e. the bulb; not the fixture) is not visible from the public right-of-way or residential property.
		(3)	Back-lit awnings are prohibited.
	(G)	Ingress or egress. No sign or structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.
	(H)	Landscaping.  Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible.
	(I)	Master sign program.  A master sign program shall be reviewed and approved for all multi-tenant commercial buildings and for all business park development to coordinate all signage for current and future tenants. The master sign program shall be reviewed as a permanent sign permit, but shall only authorize the general locations and sizes of signs to be erected within a development or on a multi-tenant building. Individual permanent sign permits shall still be needed for the placement of permanent signs in accordance with an approved master sign program. Master sign programs shall be subject to the following requirements:
		(1)	A Master sign program shall include a to-scale site plan which identifies the overall sign types, sizes, and locations for all proposed signage on the site(s). The site plan shall not contain the names of any current or future tenants or occupants of the center or overall development;
		(2)	The master sign program shall include a calculation of allowable sign square footage for the site(s) based on applicable zoning requirements and lot characteristics;
		(3)	The master sign program shall include square footage calculations for individual signs proposed for the site(s), along with a total sign square footage area calculation;
		(4)	All signs within a master sign program shall be visually consistent in location, design, and scale; and
		(5)	The master sign program may be reviewed concurrently with, a separate permanent sign permit for the individual sign(s) identified in the master sign program. The separate permanent sign permit shall include all information required by § 151.116(A)(1), and may only be approved if the master sign program is approved.
	(J)	Multi-tenant buildings.
		(1)	Multi-tenant buildings are herein considered a single commercial establishment, and shall be limited to 1 freestanding sign amongst all planned/allowed signage subject to the following requirements:
			(a)	If the multi-tenant commercial building has a floor area of 40,000 square feet or less, the sign shall not exceed 40 square feet (per side) and shall not exceed 8 feet in height;
			(b)	If a multiple tenant commercial building has a floor area greater than 40,000 square feet but less than 100,000 square feet, the sign shall not exceed 75 square feet (per side) and shall not exceed 9 feet in height; and
			(c)	If a multiple tenant commercial building has a floor area of greater than 100,000 square feet, the sign shall not exceed 120 square feet (per side) and shall not exceed 15 feet in height.
		(2)	Where a building, group of attached buildings on the same block, or center contains more than one business, the allowable sign area for any single business may be its portion of the gross square footage of the building or center applied as a percentage to the allowable sign area of the entire building or center, subject to size limitations for specific signs within an approved master sign program.
	(K)	Neighborhood identification signs.  Independent of the total allowable sign area for individual residences within a residential zoning district, 2 ground signs for a unified residential area with 6 or more lots may be allowed consistent with the following provisions:
		(1)	New subdivisions:
			(a)	Neighborhood identification sign(s) shall be approved as a component of a preliminary and final plat to be included as part of a new subdivision;
			(b)	Each sign shall be single sided, not exceed a total of 24 square feet in sign area, and not exceed a total of 48 square feet inclusive of poles, bases, and other supports;
			(c)	Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities;
			(d)	Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements;
			(e)	Only indirect lighting of neighborhood identification may be approved. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association’s rules or bylaws;
			(f)	The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and City Council at the time of preliminary plat;
			(g)	The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application; and
			(h)	The city reserves the right to require the removal, at the owner’s expense, of any sign when the requirements of this section and this subchapter are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The city shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the city.
		(2)	Existing unified residential areas: A neighborhood identification sign may be allowed by conditional use permit for existing unified residential areas. If no outlots or easements were originally designated for signs, the plat may be amended to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions.
	(L)	Non-commercial speech signs. Notwithstanding any other provisions of this subchapter, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until 10 days following the general election and 13 weeks prior to any special election until 10 days following the special election.
	(M)	Private on-premises directional signs.  Signs located on, above or beside entrances or exits to buildings or driveways which direct pedestrians or vehicles (e.g. “employees entrance,” “exit only,’‘ “rest rooms,” and the like) shall not count towards the overall permitted signage on a site provided such signs are no more than 4 square feet in area.
	(N)	Prohibited signs.  The following signs are prohibited in all zoning districts.
		(1)	Signs obstructing vision. Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device. This includes indoor signs that are visible from public streets.
		(2)	Unofficial traffic signs or signals. Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs which do not interfere with traffic flows on public roads.
		(3)	Off-premises advertising signs. Off-premises advertising signs except as specifically allowed.
		(4)	Signs with moving parts, moving lighting or animation. No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, use changing light intensity, utilize spotlights giving off an intermittent or rotating beam existing as a collection or concentration of rays of light (including but not limited to revolving beacons, beamed lights, or similar devices), or be animated. The only exceptions to this provision include allowable changeable copy signs; barbershop poles; and static time, temperature, and price information changing only when necessary (which shall be allowed provided the message depicted is reasonably accurate).
		(5)	Roof signs.
		(6)	Banners, pennants, ribbons, streamers.  No sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners, or similar devices; except when used for non-commercial purposes, as a governmental sign, or as part of an approved master sign program or special event temporary sign permit.
		(7)	Portable signs. Including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, structure or other signs, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, hot air or gas filled balloons or semitruck umbrellas used for advertising. This prohibition shall not include business vehicle identification signs when the vehicle is being used for the normal day-to-day operations of a permitted business.
		(8)	Signs supported by a guy wire.
		(9)	Billboards.
		(10)	Electronic variable message signs.
		(11)	Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees, rocks, or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials (e.g. boulders) in the construction of a legally permitted sign.
		(12)	Snipe signs.
	(O)	Public lands and rights-of-way. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights-of-ways without Council approval.
	(P)	Regulations for specific sign types.
		(1)	Wall signs.
			(a)	A wall sign shall be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to which the sign is to be affixed.
			(b)	A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed.
			(c)	Wall signs authorized by a master sign program shall not exceed 25 square feet per business, and all signs shall be visually consistent in location, design, and scale.
			(d)	Wall signs may be placed on not more than three walls of rectangular shaped structures or not more than 75% of the major walls on non-rectangular shaped buildings.
		(2)	Mural sign.
			(a)	Mural signs shall not be limited in size, but any commercial or noncommercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district.
			(b)	In addition to the standard conditional use criteria in the zoning code, mural signs shall also be subject to the following:
				1.	The location for the proposed mural sign shall be viewable by the public and be accessible;
				2.	The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties;
				3.	The artist(s) commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects:
				4.	The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe;
				5.	The applicant shall demonstrate that the necessary funds are available for the proposed project; and
				6.	The applicant must be able to show the final mural will last a minimum of 5 years and be reasonably resistant to vandalism and weather.
		(3)	Projecting, awning, and canopy signs.
			(a)	Projecting signs and awning signs shall be located on street level.
			(b)	If lighted, projecting, awning, and canopy signs shall use indirect illumination.
			(c)	Awning or canopy signs shall not project higher than the top of the awning or canopy or below the awning or canopy.
			(d)	Clearance. The bottom of a projecting sign or awning shall be a minimum of 8 feet above the ground surface when projecting over a private or public walkway.
		(4)	Freestanding signs. Freestanding signs shall not be erected or maintained any closer than 3 feet to any building.
	(Q)	Separation angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of 45 degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel.
	(R)	Signs needing electricity. Signs needing electricity shall be subject to all applicable electrical codes as may be amended. Overhead wiring for such signs is prohibited.
	(S)	Special sign districts. All general sign regulations shall apply to signs within each of the special sign districts except as specifically noted herein.
		(1)	Old Village.
			(a)	Boundary. The boundary of the Old Village Sign District is depicted on the city’s official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process.
			(b)	Illumination. Indirect illumination or reverse lit letters shall be the permitted techniques for lighting all signs within the Old Village Sign District. Other forms of direct illumination are prohibited.
			(c)	Wall signs.
				1.	Wall signs in the Old Village Sign District shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower.
				2.	Wall signs in the Old Village Sign District authorized by a master sign program shall not exceed 20 square feet per business, and all signs shall be visually consistent in location, design, and scale.
			(d)	Freestanding signs.
				1.	The area of a freestanding sign in the Old Village Sign District shall not exceed 30 square feet.
				2.	Freestanding signs in the Old Village Sign District shall not project higher than 6 feet, as measured from the average grade at the base of the sign or grade of the nearest roadway, whichever is lower.
		(2)	Agricultural Sales District.
			(a)	Boundary. The Agricultural Sales District shall include all properties zoned agricultural or rural residential.
			(b)	On-premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on-premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions:
				1.	Agricultural sales businesses utilizing less than 10 acres of land specifically for the growing of agricultural crops for the business are allowed 1 on-premises sign not to exceed 32 gross square feet of advertising surface;
				2.	Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on-premises signs not to exceed 48 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size);
				3.	Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-premises signs not to exceed 64 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size);
				4.	Sign(s) shall be in the form of an allowable sign type in the underlying zoning district;
				5.	No dimension of any sign shall exceed 15 feet exclusive of supporting structures; and
				6.	Any illuminated sign shall be illuminated only during those hours when business is open to the public for conducting business.
			(c)	Temporary off-premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off-premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions.
				1.	Maximum number.  Every agricultural sales business shall have no more than 2 off-premises signs at any given time to direct the public to the location of the business.
				2.	Time frame of use. Temporary off-premises signs may be erected for 45-day time periods no more than 4 times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the 4 allowable time periods in any given calendar year.
				3.	Size and height. An off-site agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than 10 feet in height.
				4.	Setbacks. Off-premises signs shall be a minimum of 25 feet from all side property lines, and a minimum of 50 feet from other off-premises advertising signs.
				5.	Permission required. Applicants for off-premises signs shall acquire permission from the property owner upon whose land the sign is to be erected.
		(3)	I-94 District.
			(a)	Boundary.  The I-94 district shall include parcels within the BP, GB, HB. CB, and LB zoning districts which meet one of the following criteria:
				1.	The property is a buildable lot located to the south of Hudson Boulevard and to the north of Interstate 94; or
				2.	The property’s southern boarder abuts Hudson Boulevard, and is not directly north, either wholly or partially, of a developable parcel lying between Hudson Boulevard and Interstate 94.
			(b)	Permits.  Signs in the I-94 District may be erected in conformance with sign regulations governing the underlying zoning district without additional approvals. Signs proposed to conform to the special standards established for the I-94 District shall only be authorized through approval of an interim use permit.
			(c)	Illumination.  All forms of illumination which conform to the general illumination standards for all signs shall be the permitted within the I-94 Sign District.
			(d)	Maximum total square footage of all sign surfaces.  The maximum total square footage of all sign surfaces in the I-94 district shall be dictated by the maximum sign sizes for allowable sign types.
			(e)	Wall signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the I-94 District:
				1.	The total area of all wall signs on any wall shall not exceed 10% of the area of the wall with a maximum allowable area of 80 square feet; or
				2.	The total area of all wall signs on any wall shall not exceed 5% of the area of the wall with a maximum allowable area of 300 square feet.
			(f)	Freestanding signs. In lieu of a freestanding sign meeting underlying zoning requirements, a building site within the I-94 District may have one freestanding sign within 50 feet of the property line nearest the interstate provided the sign does not exceed 150 square feet per side (300 square feet total) or 30 feet in height. The base of such a sign shall be at least 75% of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed.
			(g)	Window signs.  Window signs in the I-94 district shall not cover more than 1/3 of the window area.
			(h)	Awning, canopy, and projecting signs.  One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected for each business on a building site in the I-94 District.
	(T)	 Substitution clause.  The owner of any sign which is otherwise allowed by this subchapter may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary.
	(U)	 Temporary signs.
		(1)	Special events. Temporary signs may be allowed upon issuance of a permit for on-site advertising of special events such as openings and closings, change in management, sales events, or other special occasions. No more than 4 temporary sign permits may be issued in any calendar year for a given destination, and each temporary sign permit shall run for 15 days. Temporary signs for special events shall be subject to the following regulations:
			(a)	Only 1 on-premises temporary sign shall be allowed per business or event;
			(b)	Temporary signs shall be in the form, of an allowable sign type in the underlying zoning district; and
			(c)	Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height.
		(2)	Residential development advertising signs. Independent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following:
			(a)	Minimum development size.
				1.	Projects of less than 25 acres which create 10 or more dwelling units are allowed 1 on-premises ground sign not to exceed 100 square feet of advertising surface;
				2.	Projects of 26 through 50 acres which create 10 or more dwelling units are allowed 1 or 2 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site; and
				3.	Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site.
			(b)	Restrictions.
				1.	No dimension shall exceed 25 feet exclusive of supporting structures.
				2.	The sign shall not remain once 90% of the lots in the development have been issued building permits.
				3.	The permit for the sign must be renewed annually by the Council.
				4.	Only indirect illumination is permitted and shall only occur during those hours when an on-site sales office or model home is open for conducting business.
		(3)	Temporary off-premises signs.  Temporary off-premises signs may be erected if all of the following criteria are met:
			(a)	The destination to which the off-premises sign is advertising is a property for sale;
			(b)	An agent must be present at the destination property for sale, and the property must be open for viewing;
			(c)	The sign must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign;
			(d)	The temporary off-premises sign shall not exceed 6 square feet in size; and
			(e)	The temporary off-premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum in the underlying zoning district.
	(V)	Warning signs.  Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning.
(Ord. 08-015, passed 7-21-2009)
§ 151.118  SPECIFIC REGULATIONS BY ZONING DISTRICT.
	(A)	Sign setbacks.  Signs shall conform to the set back regulations listed in Table 1 for the zoning district in which the signs are located except as may be specifically exempted or restricted in §§ 151.117 and 151.118.
Table 1: SETBACKS BY ZONING DISTRICT [1]	
	Base Zoning Districts	
	A	RR	R1	R2	R3	R4	RE	OP	GB	HB	CB	LB	BP [2]	PF	
Front lot line	5	5	5	5	5	5	5	5	1	1	1	1	1	5	
Side lot line	5	5	5	5	5	5	5	5	5	5	5	5	5	5	
Rear lot line	5	5	5	5	5	5	5	5	10	10	10	10	10	5	
Vehicular access	5	5	5	5	5	5	5	5	15	15	15	15	15	5	
[1]: Awning/canopy signs, mural signs, projecting signs, wall signs, or window signs proposed to be located on a building legally non-conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met.
[2]: Signs within business parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment.	

	(B)  Allowable sign area.  The maximum allowable sign area for an individual sign and for total site signage is listed in Table 2 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in §§ 151.117 and 151.118.
Table 2:  ALLOWABLE SIGN AREA BY ZONING DISTRICT	
	Maximum sign area in square feet (per surface) by sign type [1]		
District(s)	Awning/ Canopy Sign	Ground Sign [2]	Monument Sign[2]	Mural Sign	Pole Sign[2]	Projecting Sign	Wall Sign	Window Sign	Maximum total square footage of all sign surfaces	
A, RR, R1, R2, RE, OP[3]		6		C	6		6	6	12 square feet	
R3 & R4 [3]		12		C	12		12	12	24 square feet	

Table 2:  ALLOWABLE SIGN AREA BY ZONING DISTRICT	
	Maximum sign area in square feet (per surface) by sign type [1]		
District(s)	Awning/ Canopy Sign	Ground Sign [2]	Monument Sign[2]	Mural Sign	Pole Sign[2]	Projecting Sign	Wall Sign	Window Sign	Maximum total square footage of all sign surfaces	
GB, HB, CB, LB, BP, & PF	[4]	30	45	C	30	6	[5]	No max	1.0 square foot per lineal foot of building parallel or substantially parallel to public road frontage (excluding alleys). [6]	
[1]:	Sign types with empty cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign area of “C” shall require a conditional use permit.
[2]:	Ground, monument, or pole signs, where permitted, shall be limited to 1 per commercial establishment.
[3]:	All sign types in residential districts shall have no more than 2 surfaces.
[4]:	The gross surface of an awning or canopy sign shall not exceed 30% of the gross surface area of the smallest face of the awning or canopy of which the sign is to be affixed.
[5]:	On any wall parallel or substantially parallel to a public roadway, the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a public roadway, the maximum wall sign size shall be 12 square feet.
[6]:	Open sales lots or other approved uses on lots without a building shall be limited to 30 square feet of total sign surfaces.	

	(C)	Freestanding sign height.  The maximum allowable sign height for a freestanding sign is listed in Table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in §§ 151.117 and 151.118.
Table 3: ALLOWABLE FREESTANDING SIGN HEIGHT IN FEET BY ZONING DISTRICT	
	Base Zoning Districts	
	Residential Districts	Business Districts	
	A	RR	R1	R2	R3	R4	RE	OP	GB	HB	CB	LB	BP	PF	
Allowable height in feet	5	5	5	5	8	8	5	5	20	20	20	20	20	20	

(Ord. 08-015, passed 7-21-2009)
§ 151.119  SIGN VARIANCES.
	(A)	Variances from sign provisions shall be administered in accordance with the zoning code, and shall be subject to the following additional requirements:
		(1)	The sign(s) shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood;
		(2)	The sign(s) shall have good scale and proportion in the visual relationship to buildings and adjacent areas;
		(3)	The material, size, color, lettering, location, and arrangement of the sign(s) is an integral part of the site and building design; and/or
	(B)	The colors, materials, and lighting of the sign(s) are restrained and harmonious, as interpreted by the City Planner.
(Ord. 08-015, passed, 7-21-2009)
MANUFACTURED HOME PARK
§ 151.135  PURPOSE.
	The purpose of §§ 151.135 et seq. is to promote health, safety, order, convenience, and general welfare by enforcing minimum standards for manufactured home parks, the location and use of the homes and the design, construction, alteration, and arrangement of homes on the lots, authorizing the inspection of manufactured home parks, and fixing penalties for violations.
(1997 Code, § 545.01)
§ 151.136  SCOPE.
	(A)	Lot with occupied dwelling.  No person shall park or occupy a manufactured home on the premises of a lot with any occupied dwelling.
	(B)	Requirements.  No person shall permit anyone to live or reside temporarily or permanently on land owned or rented by the person except in a structure meeting the requirements of the building and zoning ordinances of this city.
	(C)	Exemptions.
		(1)	The provisions of §§ 151.135 et seq. shall not prohibit temporary use of a manufactured home as a single-family residence, during a period not to exceed 10 months, while the family occupying the manufactured home is constructing a residence on the lot on which the manufactured home is located.  The owner of the lot shall first secure a building permit for the permanent residence on the lot and a permit for temporary use of a manufactured home as provided in §§ 151.135 et seq.  The Building Official may issue a permit for temporary use of a manufactured home for a period not to exceed 10 months from the date of issuing of the permit for the permanent residence, provided the owner shall enter into an agreement with the city, in a form satisfactory to the City Attorney, agreeing to remove the manufactured home from the lot no later than 10 months from the date of issuance of the permit for the permanent home.  The agreement shall provide that, in the event the owner fails to remove the manufactured home in accordance with the provisions of owner's permit, the city may cause the manufactured home to be removed and stored in a suitable place at the owner's expense.  The owner’s performance of the agreement shall be secured by a bond or a cash deposit filed with the Administrator in the amount of $1,000.
		(2)	Nothing in §§ 151.135 et seq. shall prohibit the use of manufactured homes as provided in the zoning code and § 200.07, Subd. (4)(E).
(1997 Code, § 545.02)  Penalty, see § 10.99
§ 151.137  DEFINITIONS.
	Unless specifically defined within §§ 151.135 et seq., common definitions, words, and phrases used in §§ 151.135 et seq. shall be interpreted so as to give them the same meaning throughout this code, and are found in § 11.01.
(1997 Code, § 545.03)
§ 151.138  PERMITS.
	No person shall attempt to establish, maintain, or operate a manufactured home park within the city without first obtaining a permit from the Council.
(1997 Code, § 545.04)  Penalty, see § 10.99
§ 151.139  APPLICATIONS.
	(A)	No permit for a park shall be issued by the Council until and unless the person requesting the permit shall first apply to the City Administrator on the form of application to be provided by the Administrator, and shall submit with the application all information and data specified in §§ 151.135 et seq.
	(B)	The application shall be in writing, signed by the applicant, and shall include the following:
		(1)	Name and address of applicant;
		(2)	Location and legal description of the manufactured home park;
		(3)	Complete engineering plans and specifications of the proposed park including, but not limited to the following:
			(a)	The area and dimensions of the tract of land;
			(b)	Two foot topography sketch of the land;
			(c)	The number, location, and size of all manufactured home lots;
			(d)	The location and width of roadways and walkways;
			(e)	The location of water and sewer lines and reset pipes;
			(f)	Plans and specifications of the water supply and refuse and sewage disposal facilities;
			(g)	Plans and specifications of all buildings constructed or to be constructed within the manufactured home park;
			(h)	The location and details of lighting and electrical systems; and
			(i)	A landscaping plan approved by the city, and that park ground area and recreation equipment be shown on the landscaping plan, as provided by state statute and § 151.142.
		(4)	A plan for the warning and sheltering or the safe evacuation to a safe place of shelter of the residents of the park in times of severe weather conditions, such as tornadoes, high winds, and floods.  The shelter or evacuation plan shall be developed with the assistance and approval of the city and shall be posted at conspicuous locations throughout the park.  Residents of the park must also be given the option of constructing a shelter under or near their home, approved by the city and park owners; and
		(5)	Further information as the Council may request to enable the Council to determine if the proposed park will comply with the legal requirements and will ensure the protection of the best interests of the city and its citizens as to health, welfare, and public safety.  Twenty copies of the application, and all accompanying plans and specifications, shall be filed.  The Council shall make investigations of the applicant, the plans, the site, and any other related subjects as it may deem necessary and proper.  For purposes of this investigation, the Council may use the services of regular city offices and employees or the Council may employ the service of outside consultants and experts as it may choose.  This application shall be required for all area not yet occupied by manufactured homes prior to the effective date of this section.
(1997 Code, § 545.05)  Penalty, see § 10.99
§ 151.140  FEES.
	Application fees shall be set from time to time by resolution of the City Council.
(1997 Code, § 545.06)
§ 151.141  HEARING.
	The Council shall provide for a public hearing before granting a park permit.  Notice of the hearing shall be made by publication in the official city newspaper.  Publication shall be made at least 10 days prior to the date of hearing.  All property owners within 350 feet shall also be notified by mail.
(1997 Code, § 545.07)
§ 151.142  DESIGN STANDARDS.
	(A)	A park shall conform to the following requirements.
	(B)	(1)	Location.  The park shall be located on a well-drained site properly graded to ensure prompt drainage of surface and storm waters and to ensure freedom from stagnant pools of water.  Surface waters shall be disposed of according to a plan approved by the city.  The park shall be serviced by a central sanitary sewer system and a central water system approved by the Department of Health of the State of Minnesota, and by the Council.
		(2)	Lot size.  Individual lots shall be provided consisting of a minimum of 6,000 square feet each, and shall be at least 60 feet wide, which size lot allows for a maximum length manufactured home of 55 feet.  Larger homes will require longer lots to comply with the following division (B)(3) below, and other requirements of §§ 151.135 et seq.
		(3)	Clearance between homes.  Manufactured homes shall be placed upon lots so that there shall be at least a 20 foot clearance between homes and 20 feet between the front of the home and the front lot line and 25 feet between the rear of the home and the rear lot line.
		(4)	Location to public road.  No manufactured home shall be located within 125 feet of the existing or planned-for edge of the traveled part of a public road.  Under no conditions shall a home be located closer than 30 feet to a public road right-of-way line.
		(5)	Internal streets.  Internal private streets within the park shall have a driving surface no less than 32 feet in width and shall have unobstructed access to a public street, road, or alley, shall meet city engineering design standards, and be posted 20 mph speed limit.
		(6)	Walkways.  Walkways shall be no less than 2 feet in width.
		(7)	Driveways and sidewalks.  All driveways and sidewalks shall be hard surfaced and shall be no closer than 5 feet from park boundary.
		(8)	Utility building.  Each park shall have the utility buildings as are required by state law.
		(9)	Landscaping.
			(a)	Parks shall be landscaped as the Council shall approve and direct in the specifications established in the permit.
			(b)	The landscaping may be ordered by the Council as appears necessary and proper to cause the appearance of the park to harmonize with the general appearance of the surrounding neighborhood and to provide borderline screening if deemed advisable.
		(10)	Electric.  Electrical service shall be provided for each manufactured home, with service to be at least 110 volt, 100 ampere capacity.
		(11)	Lot markings.  The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means and the manufactured home lot limits shall be the same as shown on the accepted plans.
		(12)	Parking.  Each lot shall have parking space for at least 2 automobiles.
		(13)	Open space.  Public open space shall be provided as set forth in § 153.16.
		(14)	Lights.  A lighting system for the park grounds approved by the Council shall be installed and lighting provided from sunset to sunrise.
		(15)	Hydrants.  Fire hydrants shall be installed and connected as necessary.
		(16)	Foundations.  All dwellings shall be placed on a permanent foundation or anchored to resist overturning, uplift, and sliding in compliance with the Minnesota State Building Code.
(1997 Code, § 545.08)  Penalty, see § 10.99
§ 151.143  OFFICE.
	Each park shall have an office for the use of the operator distinctly marked "office" and the marking shall be illuminated during all hours of darkness.
(1997 Code, § 545.09)  Penalty, see § 10.99
§ 151.144  CHILD-FREE AREA.
	Each park plan may provide for an area of lots within the park reserved for residents without minor children, not to exceed 1/3 of the individual lots.
(1997 Code, § 545.10)
§ 151.145  BUILDING PERMITS.
	A building permit shall be required for each manufactured home brought into a park and any alterations to a structure in a manufactured home park.
(1997 Code, § 545.11)  Penalty, see § 10.99
§ 151.146  OPERATOR.
	The operator or duly authorized agent shall be in attendance at the park at all times and shall keep the park in a clean, orderly, sanitary condition.
(1997 Code, § 545.12)
§ 151.147  VIOLATIONS.
	Failure to comply with any provision or requirement of §§ 151.135 et seq. or with any provision or requirement imposed upon the park or owner or operator by the terms of the permit or the terms of any contract agreement or stipulation entered into or imposed by the Council as part of or in connection with the permit shall be cause for revocation of the park permit by the Council after a 10-day mailed notice of violation and time and place of hearing to the owner and operator and a hearing by the Council.  Compliance with the terms of §§ 151.135 et seq. shall be a condition precedent to the issuance of a state license and shall run with the license so as to be an essential part of the license.  Upon revocation of a permit by the Council, no further occupancy of the manufactured homes in the park shall be allowed.  However, the Council may allow a reasonable time for termination of occupancy.  This section shall apply in all respects to any violation of provisions previously in effect that continue to control existing occupied park areas.
(1997 Code, § 545.13)  Penalty, see § 10.99
§ 151.148  INSPECTIONS.
	(A)	Compliance with ordinance.  The Building Inspector is authorized and directed to make inspections as are necessary to determine satisfactory compliance with §§ 151.135 et seq., including the power to enter at reasonable times upon any private or public property for inspections.
	(B)	Registration record.  The Building Inspector, the County Sheriff, or their duly authorized representatives, shall have the power to inspect the register containing a record of all residents of the manufactured home park.
	(C)	Access.  It shall be the duty of the park management to give the Building Inspector free access to all lots at a reasonable time for the purpose of inspection.
	(D)	Repairs.  It shall be the duty of every occupant of a manufactured home park to give the owner of the park or owner's agent or employee access to any part of the manufactured home park at reasonable times for the purpose of making repairs or alterations that are necessary to effect compliance with §§ 151.135 et seq.
(1997 Code, § 545.14)  Penalty, see § 10.99
§ 151.149  FLOOD PLAIN MANAGEMENT.
	(A)	Requirements.  New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by § 153.03(F).
	(B)	Existing parks in flood plain districts.  Manufactured homes in existing manufactured home parks that are located in flood plain districts are non-conforming uses and may be replaced only if in compliance with the following conditions:
		(1)	The manufactured home lies in the flood fringe district;
		(2)	The manufactured home is anchored with tie-downs that comply with requirements of Minnesota Statutes;
		(3)	The manufactured home owner or renter is notified that the manufactured home site lies in the flood plain and may be subject to flooding; and
		(4)	The manufactured home park owner develops a flood emergency plan consistent with the time available after a flood warning.  The plan shall be filed with and approved by the Council.
(1997 Code, § 545.15)  Penalty, see § 10.99
§ 151.150  STORM SHELTERS.
	(A)	Manufactured home park owners shall adopt regulations relating to the use and maintenance of storm shelters.  A copy of the regulations or any amendments thereto shall be kept on file with the Administrator, the Civil Defense Director, the Fire Chief, and the Washington County Sheriffs Department.
	(B)	The regulations shall address the following minimum concerns.
		(1)	Maintenance of shelters.  The regulations shall include a routine maintenance schedule in order to control vandalism and maintain the shelters in a sanitary and safe manner.  During the storm season, shelters shall be checked at least once during each business day by a representative of the manufactured home park owners.  As used herein, storm season means the period between April 1 and September 15 of each year.
		(2)	Shelter access map.  An access map illustrating the most convenient route from an individual manufactured home to a designated storm shelter shall be disseminated in the following manner.
			(a)	A copy shall be delivered to each manufactured home owner within the park.
			(b)	A copy shall be included with the park "move-in" information packets for each new tenant.
			(c)	Copies shall be posted on any manufactured home park community bulletin board.
			(d)	A copy shall be posted in the club house of the golf facility at the manufactured home park.
			(e)	A copy shall be available at the manufactured home park office.
		(3)	Storm shelter drills.  Storm shelter drills shall be conducted at a reasonable time in the spring of each year prior to the storm season.  The Lake Elmo Civil Defense Director and the Fire Chief shall be given 72 hours advance notice of any proposed storm shelter drill.  The park owner shall include within their regulations relating to storm shelter drills any recommendations of the Civil Defense Director and/or Fire Chief.
		(4)	Periodic review.  On an annual basis, park owners shall solicit comments from park residents and the Administrator regarding the effectiveness of current storm shelter regulations or proposals for changes to the regulations.
(1997 Code, § 545.16)  Penalty, see § 10.99
MANUFACTURED HOME PARK CLOSINGS
§ 151.165  PURPOSE AND INTENT.
	(A)	Based upon the difficulty and expense of relocating manufactured homes and the availability of manufactured home parks within a reasonable distance of the city, the Council finds that the public health, safety, and welfare of city residents will be promoted by adopting regulations relating to the payment of relocation costs and compensation in the event of the closing of all or a portion of a manufactured home park.
	(B)	The purpose of the regulation is to define the regulations which will apply to manufactured home park closings and is adopted pursuant to the authority granted by M.S. § 327C.095, as it may be amended from time to time.
(1997 Code, § 550.01)
§ 151.166  NOTICE OF CLOSING.
	At least 9 months prior to the anticipated date for the full or partial park closing, the park owner shall:
	(A)	Personally serve a copy of the closure statement on at least 1 adult resident of each manufactured home within the manufactured home park; and
	(B)	Personally serve the City Administrator with a copy of the closure statement, a current resident list, and a plan for funding the relocation costs and compensation which will be required as a condition of closing.
(1997 Code, § 550.03)  Penalty, see § 10.99
§ 151.167  PUBLIC HEARING.
	(A)	The City Administrator shall forward the closure statement to the Planning Commission for comment.
	(B)	Upon review by the Planning Commission, the City Administrator shall schedule a public hearing before the Council preceded by 10-days mailed notice to people whose names appear on the resident list.
	(C)	Failure to notify all park residents shall not invalidate the public hearing.
	(D)	At the public hearing, the Council shall review the closure statement, receive comments, and evaluate the impact of the manufactured home park closing on the park residents, the city's resources, and its Comprehensive Plan.
(1997 Code, § 550.04)
§ 151.168  CONDITIONS OF CLOSING.
	As a condition of closing, the park owner shall pay relocation costs to eligible park residents or the park purchaser shall pay compensation to eligible park residents as provided subsequently in §§ 151.165 et seq.  Development and/or building permits shall not be issued for subsequent uses of the manufactured home park property until the park owner has complied with the city's development regulations and until the park owner and/or park purchaser have made arrangements, acceptable to the city, for funding relocation costs and compensation required by §§ 151.165 et seq.
(1997 Code, § 550.05)
§ 151.169  PARK RESIDENT STATEMENT.
	Within 90 days of receipt of a closure notice, a park resident shall provide the park owner with a written statement of relocation costs or, in the alternative, a written statement that the park resident cannot relocate the park resident's manufactured home to another manufactured home park within a 25 mile radius and the reasons for the conclusion.
(1997 Code, § 550.06)
§ 151.170  ELECTION TO RECEIVE RELOCATION COSTS.
	(A)	Single section manufactured homes.  If a single section manufactured home can be relocated to another manufactured home park within a 25 mile radius, the park owner shall pay eligible park residents' relocation casts as defined in §§ 151.165 et seq., or, an amount equal to $3,500, whichever is less.
	(B)	Double section manufactured homes.  If a double section manufactured home can be relocated to another manufactured home park within a 25 mile radius, the park owner shall pay eligible park residents' relocation costs as defined in §§ 151.165 et seq., or, an amount equal to $5,000, whichever is less.
	(C)	Relocation payments.  The park owner shall make relocation payments directly to contractors providing the relocation service, but, upon proof of payment of the relocation costs by an eligible park resident, shall reimburse the eligible park resident directly for the relocation costs.  The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices, estimates, and contracts for relocation services.
	(D)	Maximum relocation payment.  The maximum relocation payment specified in divisions (A) and (B) above shall be adjusted on January 1 of each year commencing on 1-1-1992, based upon the change in the consumer price index, Minneapolis-St. Paul, for all urban consumers (CPI-U) as published in the Bureau of Labor Statistics of the United States Department of Labor.  The amount of the adjustment shall be equal to the percentage of change in the CPI-U on the date of adjustment over the CPI-U in effect on January 1 of the preceding year.
(1997 Code, § 550.07)  Penalty, see § 10.99
§ 151.171  ELECTION TO RECEIVE COMPENSATION.
	(A)	If a manufactured home cannot be relocated to another manufactured home park within a 25 mile radius, an eligible park resident shall elect 1 of the following options by giving written notice to the park owner who shall forward the notice to the park purchaser, and the compensation payment provided for in §§ 151.165 et seq. shall be paid within 30 days prior to the date of the closing on the sale of the manufactured home park.
	(B)	(1)	Retaining title.  The eligible park resident may elect to receive compensation in an amount equal to the average relocation cost provided to eligible park residents for the relocation of similar housing, in which event the park purchaser shall pay the compensation and the eligible park resident shall retain title to the manufactured home and be responsible for its prompt removal from the manufactured home park; or
		(2)	Title transfer.  The eligible park resident may elect to receive compensation in an amount equal to the estimated fair market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisals.  The appraisal shall be made no earlier than 60 days prior to the closing of the park or its conversion to another use in order to ensure that the current fair market value of the eligible park residents' manufactured home is appraised.  The park purchaser and the eligible park resident shall each pay 1/2 of the cost of the appraisal.  The park purchaser shall pay the compensation to the eligible park resident upon transfer of clear title to the manufactured home.
(Ord. 97-45, passed 6-28-1999)
(1997 Code, § 550.08)  Penalty, see § 10.99
§ 151.172  GENERAL REQUIREMENTS.
	(A)	Vacation of manufactured home from park.  Displaced park residents cannot be required to vacate the manufactured home park until 60 days after conclusion of the public hearing before the Council.
	(B)	Partial closure.  If there is a partial closure of the manufactured home park and other lots remain available within the same manufactured home park, the park owner must allow displaced residents an opportunity to relocate within the manufactured home park unless the displaced resident's manufactured home, because of its size, is not compatible with the available lot.
(1997 Code, § 550.09)  Penalty, see § 10.99
§ 151.173  LIMITATION OF RELOCATION COSTS AND COMPENSATION.
	The total amount of relocation cost and compensation to be paid to eligible park residents shall not exceed 20% of the estimated market value of the manufactured home park, as stated in the property tax statement for the year in which the closure statement is served on the City Administrator.  If the total of the relocation cost and compensation payable to eligible park residents exceeds this limitation, the relocation costs and compensation payable to each eligible park resident shall be decreased proportionately so that the total of the relocation costs and compensation does not exceed the limitation stated in this section.
(1997 Code, § 550.10)
Exhibit A: Official Sign District Map

(Ord. 08-015 passed 7-21-2009)
CHAPTER 152:  FLOOD PLAIN MANAGEMENT
Section
	152.01	Statutory authorization, findings of fact and purpose
	152.02	General provisions
	152.03	Establishment of zoning districts
	152.04	Floodway District (FW)
	152.05	Flood Fringe District (FF)
	152.06	General Flood Plain District
	152.07	Subdivisions
	152.08	Public utilities, railroads, roads and bridges
	152.09	Manufactured homes and manufactured home parks and placement of recreational vehicles
	152.10	Administration
	152.11	Nonconforming uses
	152.12	Amendments

	152.99	Penalty
	Editor's Note:  A Flood Insurance Rate Map has been published for the community and the regulatory floodway boundary is shown on this map. A separate Flood  Boundary and Floodway Map has not been published.
§ 152.01  STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE.
	Statutory authorization. The legislature of the State of Minnesota has, in M.S. Chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City of Lake Elmo of Washington County, Minnesota does ordain as follows.
	(A)	Findings of fact.
		(1)	The flood hazard areas of Lake Elmo, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
		(2)	Methods used to analyze flood hazards.  This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
		(3)	National Flood Insurance Program compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
	(B)	Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in division (A) by provisions contained herein.
(Ord. 08-023, passed 1-26-2010)
§ 152.02  GENERAL PROVISIONS.
	(A)	Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of Lake Elmo shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
	(B)	Establishment of official zoning map.  The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the Flood Insurance Study for Washington County, Minnesota And Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27163C0261E, 27163C0262E, 27163C0265E, 27163C0266E, 27163C0267E, 27163C0268E and 27163C0269E, all dated February 3,2010 and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the Offices of the City Administrator.
	(C)	Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
	(D)	Interpretation.
		(1)	In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
		(2)	The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year flood plain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.
	(E)	Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
	(F)	Warning and disclaimer of liability. This chapter does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
	(G)	Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
	(H)	Definitions. Unless specifically defined in § 11.01 of this code, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
	(I)	Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B) above may include flood plain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these flood plain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the city.
(Ord. 08-023, passed 1-26-2010)
§ 152.03  ESTABLISHMENT OF ZONING DISTRICTS.
	(A)	Districts.
		(1)	Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in § 152.02(B).
		(2)	Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in § 152.02(B) as being within Zone AE but being located outside of the floodway.
		(3)	General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in § 152.02(B).
	(B)	Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in §§ 152.04, 152.05 and 152.06 that follow, respectively, shall be prohibited. In addition, a caution is provided here that:
		(1)	New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and specifically § 152.09.
		(2)	Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically § 152.11.
		(3)	As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in § 152.10.
(Ord. 08-023, passed 1-26-2010)
§ 152.04  FLOODWAY DISTRICT (FW).
	(A)	Permitted uses.
		(1)	Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
		(2)	Industrial-commercial loading areas, parking areas, and airport landing strips.
		(3)	Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.
		(4)	Residential lawns, gardens, parking areas, and play areas.
	(B)	Standards for Floodway permitted uses.
		(1)	The use shall have a low flood damage potential.
		(2)	The use shall be permissible in the underlying zoning district.
		(3)	The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
	(C)	Conditional Uses.
		(1)	Structures accessory to the uses listed in division (A) above and the uses listed in this division (C)(1) through (8).
		(2)	Extraction and storage of sand, gravel, and other materials.
		(3)	Marinas, boat rentals, docks, piers, wharves, and water control structures associated with said uses.
		(4)	Railroads, streets, bridges, utility transmission lines, and pipelines.
		(5)	Storage yards for equipment, machinery, or materials.
		(6)	Placement of fill or construction of fences.
		(7)	Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of § 152.09(C).
		(8)	Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
	(D)	Standards for Floodway conditional uses.
		(1)	All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
		(2)	All floodway conditional uses shall be subject to the procedures and standards contained in § 152.10(D). 
		(3)	The conditional use shall be permissible in the underlying zoning district.
		(4)	Fill.
			(a)	Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
			(b)	Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
			(c)	As an alternative, and consistent with division (4)(b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder.
		(5)	Accessory structures.
			(a)	Accessory structures shall not be designed for human habitation.
			(b)	Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
				1.	Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
				2.	So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
			(c)	Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards:
				1.	The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;
				2.	Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and
				3.	To allow for the equalization of hydrostatic pressure, there must be a minimum of 2 "automatic" openings in the outside walls of the structure having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. There must be openings on at least 2 sides of the structure and the bottom of all openings must be no higher than 1 foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
		(6)	Storage of materials and equipment.
			(a)	The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
			(b)	Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body.
		(7)	Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.
		(8)	A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.05  FLOOD FRINGE DISTRICT (FF).
	(A)	Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District permitted uses listed in division (B) below and the standards for all flood fringe uses listed in division (E) below.
	(B)	Standards for Flood Fringe permitted uses.
		(1)	All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower 1 foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.
		(2)	As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with § 152.04(D)(5)(c).
		(3)	The cumulative placement of fill where at any 1 time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with division (B)(1) above.
		(4)	The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
		(5)	The provisions of division (E) below shall apply.
	(C)	Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance with division (B)(1) and (2) above and or any use of land that does not comply with the standards in division (B)(3) and (4) above shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in divisions (D) and (E) below and § 152.10(D).
	(D)	Standards for Flood Fringe conditional uses.
		(1)	Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 
			(a)	The enclosed area is above-grade on at least 1 side of the structure; 
			(b)	It is designed to internally flood and is constructed with flood resistant materials; and
			(c)	It is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:
				1.	Design and certification.  The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
				2.	Specific standards for above-grade, enclosed areas.  Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: "A minimum area of "automatic" openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of 2 openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 foot above-grade. The automatic openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention"; and "That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage".
		(2)	Basements, as defined by § 11.01 of this code, shall be subject to the following:
			(a)	Residential basement construction shall not be allowed below the regulatory flood protection elevation.
			(b)	Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with division (D)(3) below.
		(3)	All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted.
		(4)	When at any 1 time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted consistent with §§ 150.273 and 150.277. The plan must be prepared and certified by a registered professional engineer.
		(5)	Storage of materials and equipment.
			(a)	The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
			(b)	Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city prior to the placement of any materials or equipment within the flood fringe district.
		(6)	The provisions of division (E) below shall also apply. 
	(E)	Standards for all Flood Fringe uses.
		(1)	All new principal structures must have vehicular access at or above an elevation not more than 1 foot below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
		(2)	Commercial uses.  Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds 4 upon occurrence of the regional flood.
		(3)	Manufacturing and industrial uses.  Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(2) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas.
		(4)	Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
		(5)	Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.
		(6)	Standards for recreational vehicles are contained in § 152.09(C).
		(7)	All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(Ord. 08-023, passed 1-26-2010; Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 152.99
§ 152.06  GENERAL FLOOD PLAIN DISTRICT.
	(A)	Permissible uses.
		(1)	The uses listed in § 152.04(A) shall be permitted uses.
		(2)	All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (B) below. Section 152.04 shall apply if the proposed use is in the Floodway District and § 152.05 shall apply if the proposed use is in the Flood Fringe District.
	(B)	Procedures for Floodway and Flood Fringe determinations within the General Flood Plain District.
		(1)	Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District.
			(a)	A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.
			(b)	Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.
			(c) Photographs showing existing land uses, vegetation upstream and downstream, and soil types.
			(d)	Documentation of soil types and soil limitations on the subject site.
			(e)	Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
		(2)	The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources area hydrologist and watershed district prior to commencing the analysis. The designated engineer or expert shall:
			(a)	Estimate the peak discharge of the regional flood.
			(b)	Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
			(c)	Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. For the mapped lake and wetland basins within the City of Lake Elmo as shown on the Flood Insurance Rate Map Panels adopted in § 152.02(B), the floodway shall be that area of the floodplain below the ordinary high water level, as defined in M.S. § 103G.0005, Subd. 14, provided that:
				1.	Compensating flood water storage is provided below the 100-year flood elevation; or
				2.	A determination is made that any resultant increase in stage to the 100-year flood level due to loss of flood water storage below the 100-year flood level meets the criteria for acceptable stage increase spelled out in this division.
		(3)	The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of §§ 152.04 and 152.05.
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.07  SUBDIVISIONS.
	(A)	Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than 1 foot below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
	(B)	Floodway/Flood Fringe determinations in the General Flood Plain District.  In the General Flood Plain District, applicants shall provide the information required in § 152.06(B) to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
	(C)	Removal of special flood hazard area designation.  The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.08  PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
	(A)	Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.
	(B)	Public transportation facilities.  Railroad tracks, roads, and bridges to be located within the flood plain shall comply with §§ 152.04 and 152.05. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Limited access roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
	(C)	On-site sewage treatment and water supply systems.  
		(1)	Where public utilities are not provided:
			(a)	On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
			(b)	New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. 
		(2)	Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.09  MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES.
	(A)	New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by § 152.07.
	(B)	The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with § 152.05. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with § 152.05(E)(1), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body.
		(1)	  All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
	(C)	Recreational vehicles that do not meet the exemption criteria specified in division (C)(1) below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (C)(3) and (4) below.
		(1)	Exemption.  Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in division (C)(2) below and further they meet the following criteria:
			(a)	Have current licenses required for highway use.
			(b)	Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.
			(c)	The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
		(2)	Areas exempted for placement of recreational vehicles:
			(a)	Individual lots or parcels of record.
			(b)	Existing commercial recreational vehicle parks or campgrounds.
			(c)	Existing condominium type associations.
		(3)	Recreational vehicles exempted in division (C)(1) above lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in §§ 152.04 and 152.05. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
		(4)	New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding 5 units or dwelling sites shall be subject to the following:
			(a)	Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with § 152.05(E)(1). No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
			(b)	All new or replacement recreational vehicles not meeting the criteria of division (4)(a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of § 152.10(D). The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of divisions (C)(1)(a) and (b) will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with § 152.08(C).
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.10  ADMINISTRATION.
	(A)	Zoning Administrator. A Zoning Administrator or other official designated by the governing body shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the provisions of this chapter the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in § 152.99.
	(B)	Permit requirements.
		(1)	Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam. fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.
		(2)	Application for permit. Application for a permit shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.
		(3)	State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
		(4)	Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
		(5)	Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance.  Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by § 152.99.
		(6)	Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
		(7)	Record of first floor elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
		(8)	Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
		(9)	Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than 6 months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
	(C)	Board of Adjustment.
		(1)	Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
		(2)	Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this chapter in accordance with § 31.10 of this code.
		(3)	Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only when the applicable criteria of the zoning code is met. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, any other zoning regulations in the city, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
			(a)	Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
			(b)	Variances shall only be issued by a community upon:
				1.	A showing of good and sufficient cause, 
				2.	A determination that failure to grant the variance would result in exceptional hardship to the applicant, and 
				3.	A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
			(c)	Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
		(4)	Hearings. Upon fifing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by § 31.01 of this code. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least 10 days notice of the hearing.
		(5)	Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance in accordance with the procedures prescribed in the zoning code. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in division (D)(6) below, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 152.99. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within 10 days of such action.
		(6)	Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in § 31.01 of this code and also by Minnesota Statutes.
		(7)	Flood insurance notice and recordkeeping. The Zoning Administrator shall notify the applicant for a variance that: 
			(a)	The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 on insurance coverage; and
			(b)	Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
	(D)	Conditional uses. Applications for a conditional use permit shall be submitted to the Zoning Administrator in accordance with the procedural requirements of the zoning code.
		(1)	Hearings. Upon filing with the city an application for a conditional use permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least 10 days notice of the hearing.
		(2)	Decisions. The In granting a conditional use permit the city shall prescribe appropriate conditions and safeguards, in addition to those specified in division (D)(6) below, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter punishable under § 152.99. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within 10 days of such action.
		(3)	Procedures to be followed by the city in passing on conditional use permit applications within all Flood Plain Districts.
			(a)	The applicant is required to submit the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use:
				1.	Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and
				2.	Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
			(b)	The Zoning Administrator shall transmit one copy of the information described in division (3)(a) above to the City Engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
			(c)	Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
		(4)	Factors upon which the decision of the city shall be based. In passing upon conditional use applications, the city shall consider all relevant factors specified in other sections of this chapter, and:
			(a)	The danger to life and property due to increased flood heights or velocities caused by encroachments.
			(b)	The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
			(c)	The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
			(d)	The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
			(e) The importance of the services provided by the proposed facility to the community.
			(f)	The requirements of the facility for a waterfront location.
			(g)	The availability of alternative locations not subject to flooding for the proposed use.
			(h)	The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
			(i)	The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
			(j)	The safety of access to the property in times of flood for ordinary and emergency vehicles.
			(k)	The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
			(l)	Such other factors which are relevant to the purposes of this chapter.
		(5)	Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the city shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
			(a)	Modification of waste treatment and water supply facilities.
			(b)	Limitations on period of use, occupancy, and operation.
			(c)	Imposition of operational controls, sureties, and deed restrictions.
			(d)	Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
			(e)	Flood proofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(Ord. 08-023, passed 1-26-2010)
§ 152.11  NONCONFORMING USES.
	(A)	A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 11.01 of this code under SUBSTANTIAL IMPROVEMENT, shall be subject to the provisions of divisions (A)(1) through (5) below.
		(1)	No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
		(2)	Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in divisions (B)(3) and (6) below.
		(3)	The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of §§ 152.04 or 152.05 for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
		(4)	If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.
		(5)	If any nonconforming use or structure is substantially damaged, as defined in § 11.01 of this code , it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 152.04, 152.05 and 152.06 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.
		(6)	If a substantial improvement occurs, as defined in § 11.01 of this code, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of §§ 152.04 or 152.05 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(Ord. 08-023, passed 1-26-2010)  Penalty, see § 152.99
§ 152.12  AMENDMENTS.
	(A)	The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use.
	(B)	All amendments to this chapter, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the chapter amendment or technical study under consideration.
(Ord. 08-023, passed 1-26-2010)
§ 152.99  PENALTY.
	(A)	Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
	(B)	Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:
		(1)	In responding to a suspected chapter violation, the Zoning Administrator and city may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct chapter violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
		(2)	When a chapter violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible.
		(3)	The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either: 
			(a)	Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or 
			(b)	Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days.
		(4)	If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(Ord. 08-023, passed 1-26-2010)
CHAPTER 153:  SUBDIVISION REGULATIONS
Section
	153.01	Regulations established
	153.02	Generally
	153.03	Definitions
	153.04	Registered land survey
	153.05	Conveyance by metes and bounds and other unapproved descriptions
	153.06	Platting
	153.07	Preliminary plat
	153.08	Final plat
	153.09	Exceptions to platting
	153.10	Variances; standards; platting
	153.11	Variance procedures
	153.12	Planned Unit Developments (P.U.D.)
	153.13	Design standards; required improvements
	153.14	Park land dedication requirements
	153.15	Required improvements; financial arrangements
	153.16	Fees
	153.17	Violations
§ 153.01  REGULATIONS ESTABLISHED.
	No land shall be subdivided, nor shall any land be platted, in the city except as provided by this chapter.
(1997 Code, § 400.02)  Penalty, see § 10.99
§ 153.02  GENERALLY.
	(A)	Purpose.  In order to provide for orderly, economic, and safe development of land, necessary urban services and facilities, and to promote the public health, safety, morals as to the urban services and facilities, the following subdivision regulations are adopted by the Council of the city.  It is the intent of the city to protect the right of landowners to put their land to its highest and best use and protect each owner's right to full beneficial use of his or her land insofar as the use and enjoyment may be accomplished without detriment to the public interest and within the minimum standards established by this chapter.
	(B)	Scope.  The provisions of this chapter apply to any division of a tract of land into 2 or more parcels for the purpose of transfer of ownership, building development, or tax assessment purposes by platting, re-platting, registered land survey, conveyance, sale, contract for sale or any other means by which a beneficial interest in land is transferred or any means by which a tract of land is divided into 2 or more parcels for tax assessment purposes.
	(C)	Approval necessary for acceptance of subdivision plats.  Before any plat or subdivision shall be recorded or be of any validity, it shall be referred to the Planning Commission and approved by the Council as having fulfilled the requirements of this chapter.
	(D)	Building permits.  No building permits shall be issued for the construction of any building, structure, or improvement to any land or lot in a subdivision, as defused in this chapter, until all requirements of this chapter have been satisfied, with the following exceptions.
		(1)	Building permits may be issued for model homes after approval of the final plat by the council upon receipt of a signed developers agreement which shall include security for improvements, both which shall be in a form approved by the City Attorney.
		(2)	Developer shall agree in writing to indemnify and hold harmless the city for damages that may occur as a result of the model home construction prior to the required improvements being completed.
		(3)	No certificate of occupancy shall be issued by the city until the first lift of blacktop is completed.
		(4)	Traffic and parking arrangements relating to model homes shall be subject to the city's review.
(Am. Ord. 9707, passed 5-20-1997)
	(E)	Conflicts.  Whenever there is a difference between minimum standards or dimensions required by this chapter or other ordinances of the city, the most restrictive standards of dimensions shall apply.
	(F)	Flood plain management.
		(1)	No land shall be subdivided which is held unsuitable by the Council for reason of flooding, inadequate drainage, water supply, or sewage treatment facilities.  All lots within the flood plain shall contain a building site at or above the regulatory flood protection elevation.  All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this chapter, and have road access both to the subdivision and to the individual building sites no lower than 2 feet below the regulatory flood protection elevation.
		(2)	In the general flood plain district, applicants shall provide the information required in § 152.11.  The Council shall evaluate the subdivision in accordance with procedures established in this chapter and standards contained in § 152.07.
(1997 Code, § 400.03)  Penalty, see § 10.99
§ 153.03  DEFINITIONS.
	Unless specifically defined in this chapter, common definitions, words, and phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01.
(1997 Code, § 400.04)
§ 153.04  REGISTERED LAND SURVEY.
	No registered land survey of lands in the city shall be recorded with the Registrar of Titles until the registered land survey shall have been approved by the city.  The approval shall be indicated by resolution endorsed on or attached to the registered land survey signed by the chair of the Planning Commission, Mayor, and City Administrator.  No registered land survey shall be approved by the city or signed by the officers if the recording of the registered land survey will result in a subdivision in violation of any provision, regulation, or requirement of this chapter.
(1997 Code, § 400.05)
§ 153.05  CONVEYANCE BY METES AND BOUNDS AND OTHER UNAPPROVED
+>DESCRIPTIONS.
	(A)	No conveyance of lands to which the regulations contained in this chapter are applicable shall be made and no conveyance of land to which the regulations contained in this chapter are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after 10-3-1968, or to an unapproved plat made after 10-3-1968.
	(B)	The foregoing provision does not apply to a conveyance if the land described:
		(1)	Was a separate parcel of record 10-3-1968, or as to lands within the jurisdictional boundaries of the Old Village prior to its consolidation with the Town of East Oakdale if the land was a separate parcel of record 6-4-1974;
		(2)	Was the subject of a written agreement to convey, entered into prior to the time;
		(3)	Has been divided in accordance with § 153.10(B); is a single parcel of land having not less than 5 acres and having a width of not less than 300 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels any 1 of which is less than 5 acres in area or 300 feet in width; and/or
		(4)	Has been approved as an exception to platting pursuant to § 153.09.
(1997 Code, § 400.06)  Penalty, see § 10.99
§ 153.06  PLATTING.
	(A)	Platting required.  Except as provided in § 153.09, platting shall be required for the subdivision of a tract of land which is to be divided into 3 or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes.
	(B)	Pre-application.
		(1)	Sketch plan.  In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this chapter and the requirements or limitations imposed by other city ordinances or plans, prior to the development of a preliminary plat, the subdivider shall meet with the Planning Commission and prepare a sketch plan which explains or illustrates the proposed subdivision and its purpose.  The Planning Commission shall accept the information received, but take no formal or informal action which could be construed as approval or denial of the proposed plat.
		(2)	Submission requirements.  The owner shall prepare and submit a sketch plan, together with any necessary supplemental information.  The plan shall contain the information set forth below.
	(C)	General provisions (pre-application).
		(1)	Locations of boundary lines in relation to a known section, quarter section, or quarter quarter section line comprising a legal description of the property;
		(2)	Names and addresses of all persons having property interest, the developer, the designer, and surveyor together with the interested person's registration number;
		(3)	Graphic scale of not less than 1 inch to 100 feet; and
		(4)	Data and north point.
	(D)	Existing conditions.
		(1)	Boundary line of proposed subdivision, clearly indicated;
		(2)	Existing zoning classification for land within and abutting the subdivision;
		(3)	A statement on the acreage and dimensions of the lots;
		(4)	Location widths and names of existing or previously platted streets or other public ways,
showing type, width, and conditions of improvements, if any, railroad and utility rights-of-way, parks and other open spaces, permanent buildings and structures, easements in section and corporate lines within the tract and to a distance of 300 feet beyond the tract;
		(5)	Location and size of existing sewers, water mains, culverts, or other underground utilities within the tract and to a distance of 350 feet beyond the tract, the data as grades, invert elevations, and locations of catch basins, and manholes shall also be shown;
		(6)	Boundary lines of adjoining unsubdivided or subdivided land, within 350 feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider;
		(7)	Topographic data, including contours at vertical intervals of not more than 5 feet; water courses, marshes, rock outcrops, power transmission poles and lines and other significant features shall also be shown; N.G.V.D. shall be used for all topographic mapping; and
		(8)	The subdivider may be required to file a report prepared by a registered civil engineer or soil scientist on the feasibility of individual on-site sewer and water systems on each lot; the report shall include a soil borings analysis and a percolation test to verify conclusions.
	(E)	Proposed design features.
		(1)	Layout of proposed streets showing right-of-way widths, center line grade, typical cross-sections, and proposed names of streets in conformance with all applicable city ordinances and policies; the name of any street used in the city or its environs shall not be used unless the proposed street is the logical extension of an already named street, in which event the same name shall be used.  The names and number shall comply with the County Uniform Street Numbering System.
		(2)	Areas other than streets, pedestrian ways, utility easement, intended to be dedicated or reserved for public use, including the size of the areas in acres.
		(3)	(a)	Provision for surface water disposal, drainage, and flood control within the boundaries of the proposed property division consistent with § 150.273 of this code, storm water management and erosion and sediment control.
	(F)	Supplementary information.
		(1)	The supplementary information as shall reasonably be deemed necessary by the Planning Commission or the Council;
		(2)	Proposed protective covenants;
		(3)	Statement of the proposed use of lots stating type of residential buildings with number of proposed dwellings and type of business or industry, so as to review the effect of the development on traffic, fire hazards, and congestion of population;
		(4)	If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown.  The proposed zoning plans shall be for information only and not vest any rights in the application for use other than residential;
		(5)	Where the subdivider owns property adjacent to that which is being proposed for division, the Planning Commission may require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationship between the proposed division and a future subdivision.  All subdivisions shall be reasonably consistent with the existing or potential adjacent subdivisions; and
		(6)	Where structures are to be placed on large or excessively deep lots, which are subject to replat, the development subdivision plans shall indicate placement of structures so that lots may be further subdivided, in addition to a sketch plan that illustrates a way in which the lots can possibly be resubdivided.
(1997 Code, § 400.07)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 153.07  PRELIMINARY PLAT.
	(A)	Filing.  Twenty copies of the preliminary plat and certified list of property owners located within 350 feet of the subject property obtained from and certified by a licensed abstractor, shall be filed with the Administrator.  The required filing fee as established by Council resolution shall be paid and any necessary applications for variances from the provisions of this chapter shall be submitted with the required fee.  The proposed plat shall be placed on the agenda of the Planning Commission meeting no later than the second regularly scheduled meeting following the date of filing.  No application shall be accepted by the Administrator for filing unless all application information required by this chapter is submitted with the application.
	(B)	Submission requirements.  The applicant shall prepare and submit a preliminary plat, together with any necessary supplementary information.  The preliminary plat shall contain the following information.
	(C)	General provision (preliminary plat).
		(1)	Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions; in any case, the name must be approved by the County Recorder;
		(2)	Location of boundary lines in relation to a known section, quarter section, or quarter quarter section lines comprising a legal description of the property;
		(3)	Names and addresses of all persons having any interest in the property, the developer, designer, and surveyor together with the interested person's registration number;
		(4)	Graphic scale of plat, not less than 1 inch to 100 feet;
		(5)	Data and north point; and
		(6)	Date of preparation.
	(D)	Existing conditions.
		(1)	Boundary line of proposed subdivision, clearly indicated;
		(2)	Existing zoning classifications for land within and abutting the subdivision;
		(3)	A general statement on the approximate acreage and dimensions of the lots;
		(4)	Location, widths, and names of all existing or previously platted streets or other public ways, showing type, width, and condition of improvements if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of 350 feet beyond the tract;
		(5)	Location and size of existing sewers, water mains, culverts, or other underground facilities within the tract and to a distance of 350 feet beyond the tract; the data as grades, invert elevations, and locations of catch basins, manholes, shall also be shown;
		(6)	Boundary lines of adjoining unsubdivided or subdivided land, within 350 feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider;
		(7)	Topographic data, including contours at vertical intervals of not more than 2 feet; water courses, marshes, rock outcrops, power transmission poles and lines, and other significant feature shall also be shown; N.G.V.D. shall be used for all topographic mapping; and
		(8)	In plats where public water and sewer are not available, the City Engineer may require the subdivider to file a report prepared by a soil scientist or a registered civil engineer on the feasibility of individual on-site sewer and water systems on each lot.  The report shall include a soil boring analysis and percolation tests to verify conclusions.
	(E)	Proposed design features.
		(1)	Layout of proposed streets showing the right-of-way widths, center line gradients, typical cross sections, and proposed names of streets in conformance with all applicable city ordinances and policies.  The name of any street used in the city or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used.  The street names and numbering system shall comply with the County Uniform Street Numbering System;
		(2)	Locations and widths of proposed alleys and pedestrian ways;
		(3)	Locations and size of proposed sewer lines and water mains;
		(4)	Layout, numbers, lot areas, and preliminary dimensions of lots and blocks;
		(5)	Minimum front and side street building setback lines;
		(6)	When lots are located on a curve, the width of the lot at the building setback line shall be shown;
		(7)	Areas, other than streets, alleys, pedestrian ways, and utility easements intended to be dedicated or reserved for public use, including the size of the area or areas in acres;
		(8)	Water mains shall be provided to serve the subdivision by extension of any existing community system wherever feasible.  Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided.  Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the city.  In areas where public water supply is not available, well plans must comply with applicable state regulations and shall be submitted for the approval of the City Building Official;
		(9)	Sanitary sewer mains and service connections shall be installed in accordance with the standards established by the city;
		(10)	All private sewage treatment systems shall be installed in accordance with standards established by the city;
		(11)	Surface water disposal, drainage, and flood control shall be provided within the boundaries of the proposed property division consistent with § 150.273 of this code, storm water management and erosion and sediment control.
	(F)	Supplementary information.  The following supplementary information shall be submitted when deemed necessary by the Planning Commission:
		(1)	Proposed protective covenants;
		(2)	An accurate soil survey of the subdivision prepared by a qualified person.  In areas of questionable soil conditions, percolation tests may be required on a lot-by-lot basis to determine the suitability of any particular site for building;
		(3)	A statement prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing;
		(4)	Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population;
		(5)	If any zoning changes are contemplated, the proposed zoning plat for the areas, including dimensions, shall be shown;
		(6)	Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission may require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision.  All subdivisions shall be shown to relate well with existing or potential adjacent subdivisions;
		(7)	Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the subdivider shall provide in the preliminary plat, a sketch plan which indicates minimum building setback lines and future roadway alignments which would not interfere with structural placement at the time of future subdivision; and
		(8)	A vegetation preservation and protection plat that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted;
			(a)	Developer shall provide a landscape plan which shows how a subdivision will assume a rural character through the placement of ponding, berms, trees, and tree seedlings, shrubs, and shrub seedlings and native grasses;
			(b)	Developer shall plant a minimum of 6 trees, 1 inch caliper deciduous, or coniferous trees; 3 feet in height per acre unless a lot within the subdivision is determined by the Zoning Administrator to be naturally wooded which would, at a minimum, consist of the caliper and height of trees required by this chapter; and
			(c)	Developer shall provide spaced or clustered plantings of 1 and 1/2 inch caliper deciduous trees at a rate of 2 per 100 lineal feet on both sides of the street, between 0 feet and 5 feet to the inside of the right-of-way for rural sections and between 5 feet and 10 feet to the inside of right-of-way for urban sections.  Four foot conifers may be substituted.
	(G)	Other information.  Other information shall be provided as may be reasonably requested by the city staff. Planning Commission, or Council.
	(H)	Review by staff and other commissions or jurisdictions.
		(1)	The city shall refer copies of the preliminary plat to the City Engineer, Planner, and Attorney, the Park Commission, and the appropriate county, state, or other public agencies for their review and comment.
		(2)	Comment must be received within 30 days or it will be assumed there are no objections.
	(I)	Hearing.
		(1)	The Planning Commission, upon receipt of the application shall instruct Administrator to set a public hearing on the proposed preliminary plat no later than 45 days from the date of filing of the application.  The Planning Commission shall conduct the hearing and report its findings and recommendations to the Council.  The Administrator shall give notice of the hearing.  The notice shall consist of a property description and a description of the request.  The notice shall be published in the official newspaper at least 10 days prior to the date of the hearing and written notification of the hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.  The Planning Commission, at its discretion, may direct that notification be sent to property owners at distances of greater than 350 feet.
		(2)	The failure of any property owner to receive notice shall not invalidate the proceedings. 
	(J)	Planning Commission action.  The Planning Commission shall make a recommendation to the Council within 30 days following the close of the public hearing.  If the recommendations of the Planning Commission are not received within that time, the Council may act on the preliminary plat without the recommendations.
	(K)	City Council Action.
		(1)	The Council shall act upon the preliminary plat and may impose the conditions and restrictions as are deemed necessary by the Council in view of the purpose of this section and the recommendations of the Planning Commission within 30 days after receiving the recommendations of the Planning Commission or within 60 days after the close of the public hearing on the preliminary plat should the Planning Commission fail to forward recommendations.
		(2)	If the preliminary plat is not approved by the Council, the reasons for the action shall be recorded in the proceedings of the council and transmitted to the applicant.  If the preliminary plat is approved, the approval shall not constitute final acceptance of the layout.  Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat.  The Council may require revisions in the preliminary plat and final plat as it deems necessary for the public health, safety, general welfare, and convenience.
	(L)	Submission of final plat; request for extension.  If the preliminary plat is approved by the Council, the subdivider must submit the final plat within 180 days after the approval, or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the council.
(1997 Code, § 400.08) (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 153.08  FINAL PLAT.
	(A)	After the preliminary plat has been approved, the final plat shall be submitted for approval as follows.
	(B)	(1)	Submission requirements.  The owner shall submit a final plat signed and acknowledged by each person owning a legal or equitable interest in the lands platted, including contract purchasers or those holding only a security interest such as a mortgagee.  The final plat shall be prepared in accordance with the provisions of the Minnesota Statutes and applicable county ordinances.  The final plat shall contain the following information:
			(a)	Name of the subdivision;
			(b)	Location by section, township, range, county, and state, and including descriptive boundaries of the subdivision;
			(c)	The location of monuments shall be shown and described on the final plat;
			(d)	Location of lots, streets, public highways, alleys, parks, and other features with accurate dimensions;
			(e)	Lots shall be numbered clearly; blocks are to be numbered, with numbers shown clearly in the center of the block;
			(f)	The exact locations, widths, and names of all streets to be dedicated;
			(g)	Location width and use of all easements to be dedicated;
			(h)	Certification by a registered land surveyor in the form required by M.S. Ch. 505, as it may be amended from time to time, and the name, address, and registration number of the surveyor;
			(i)	Scale of plat (the scale to be shown graphically on a bar scale), date, and north point;
			(j)	Statement dedicating all easements;
			(k)	Statement dedicating all streets, utility easements, and other public areas not previously dedicated; and
			(l)	Certificate for approval by the City Planning Commission and the Council.  The certificate shall be prepared for the signatures of the Chair and Secretary of the City Planning Commission, and the Mayor and Administrator.
		(2)	Approval of the City Council.
			(a)	Twenty copies of the final plat shall be submitted to the Administrator at least 10 days prior to the Planning Commission meeting at which consideration is requested.  After review of the final plat by the staff, the final plat shall be approved or disapproved within 60 days after the filing of the final plat by resolution and conditioned upon the execution of the development agreement for basic improvements, public dedication, bonding, and other requirements determined necessary or appropriate by the Council.  If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the applicant.
			(b)	The resolution approving the plat shall authorize the Mayor and Administrator to execute an endorsement of approval for the city.  The Mayor and Administrator shall not execute the endorsement until any development agreement or bonds required by the resolution of the approval have been approved in writing by the City Attorney.
(Am. Ord. 9705, passed 5-6-1997)
		(3)	Special assessments.  When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, the Engineer shall estimate the cost of preparing a revised assessment roll, filing the assessment roll with the County Auditor, and making the division and allocation.  Upon approval by the Council of the cost, the cost shall be paid to the City Administrator.
		(4)	Recording final plat.  If the final plat is approved by the Council, the subdivider shall record it with the County Recorder within 120 days after the approval.  If not filed within 120 days, approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council.  The subdivider shall, immediately upon recording, furnish Administrator with 2 paper prints and 1 reproducible film positive of the plat showing evidence of the recording.  No building permits shall be issued for construction of any structure on any lot in the plat until the city has received evidence of the plat being recorded by the County.
		(5)	Lot acreage.  The subdivider shall provide the city with a list of all lots, by block, indicating the lot acreage, to the nearing 1/100.  The list shall be certified by the surveyor signing the plat.
(1997 Code, § 400.09)  Penalty, see § 10.99
§ 153.09  EXCEPTIONS TO PLATTING.
	(A)	Minor subdivision.  A minor subdivision is a division of land which results in no more than 4 parcels wherein each resultant parcel complies with the city's minimum lot dimension and public road frontage requirements for the zoning district in which the land is located.
	(B)	Lot line adjustment.  A lot line adjustment is a division of land which results in no more than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot dimension and/or public road frontage requirements for the zoning district in which the land is located.  The City Council hereby waives compliance with the city's platting regulations for lot line adjustments which satisfy 1 of the following conditions:
		(1)	Each resultant parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot dimension requirements and public road frontage requirements for the zoning district in which the property is located;
		(2)	In those cases where the City Administrator determines that it is not reasonably possible for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure approved by Washington County, is less non-conforming after the lot consolidation than it was before the lot consolidation; or
		(3)	In those cases where, in regard to property which is zoned agricultural or rural residential, the City Administrator determines that each resultant parcel will equal or exceed minimum lot dimensions for the zoning district in which the property is located, but that 1 of the resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning district in which the property is located, access to the noncomplying parcel is protected by a restrictive covenant approved by the City Attorney which includes the city as a beneficiary.
	(C)	Application for minor subdivision/lot line adjustment.  An application for a minor subdivision or a lot line adjustment shall be submitted on forms provided by the City Administrator.  The applicant will be responsible for all expenses incurred in obtaining the required information, which includes the following:
		(1)	Name, address, and telephone number of the property owner/applicant and evidence of title;
		(2)	A legal description of the parcel which is being subdivided and legal descriptions for each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the consolidated parcels;
		(3)	A written description stating the reason for the request; and
		(4)	A land survey prepared by and signed by a registered land surveyor describing the minor subdivision and/or lot line adjustment and showing all buildings, driveways, easements, setbacks, and other pertinent information including the legal descriptions herein required.
	(D)	Review of minor subdivision.
		(1)	A completed application shall be submitted to the Planning Commission for its review and recommendation to the City Council.
		(2)	The City Council may attach reasonable conditions to its approval and shall require the conveyance of necessary street, utility, and drainage easements on forms approved by the City Attorney; and shall require the payment of a public use dedication fee.
	(E)	Review of lot line adjustment.  A completed application shall be reviewed administratively by the City Administrator who shall make a written finding in regard to the provisions of division (B) above.  The City Administrator's approval shall be conditioned upon tax parcel consolidation.  Prior to the issuance of any development permits, and no later than 60 days after administrative review and approval, the applicant shall provide the City Administrator with the verifications listed below.  Failure to provide the required verifications shall invalidate the City Administrator's approval:
		(1)	Recorded documents or recorded document numbers for the deeds of conveyance which effectuate the lot line adjustment; and/or
		(2)	Proof that the Washington County Assessor has approved a Tax Parcel Consolidation and has assigned a new tax parcel number for the consolidated parcel or parcels.
(1997 Code, § 400.10)  (Am. Ord. 97-98, passed 12-18-2001)
§ 153.10  VARIANCES; STANDARDS; PLATTING.
	(A)	Purpose.  A variance may be granted from the minimum standards required by this chapter as they apply to specific property where unusual hardship on the land exists, but variances may be granted only upon the specific ground set forth in this section.  In granting any variance, the Planning Commission may recommend, and the Council shall prescribe, the conditions as it deems necessary and desirable to protect the public interests.  In no case shall any of the procedural requirements of this chapter be waived nor shall a variance be deemed to permit any waiver or avoidance of the procedural requirements.
	(B)	Planning Commission review.  No variance shall be granted until the matter has been considered by the Planning Commission.  In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
	(C)	Findings.  A variance shall be granted only where the Council finds:
		(1)	That there are special circumstances or conditions affecting the applicant's land that the strict application of the minimum standards of this chapter would deprive the applicant of the reasonable use of that land;
		(2)	That the granting of the variance will not be detrimental to the public welfare or injurious to other property; and
		(3)	That the variance required by reason of unusual hardship relating to the physical characteristics of the land.
(1997 Code, § 400.11)
§ 153.11  VARIANCE PROCEDURES.
	(A)	Application.  Requests for a variance or appeal shall be filed with the Zoning Administrator on an official application form.  The application shall be accompanied by a fee as established from time to time by resolution of the Council.  The application shall also be accompanied by 20 copies of detailed written and graphic materials necessary for the explanation of the request.
	(B)	Hearing.  The Planning Commission shall hold a public hearing on the variance request in accordance with the standards set forth in the zoning code.
	(C)	Appearance of applicant before Planning Commission.  The applicant or a representative of applicant shall appear before the Planning Commission in order to answer questions concerning the proposed variance request.
	(D)	Findings.  The Planning Commission shall make its findings and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent.
	(E)	Approval/denial.  Upon receiving the report and recommendation of the Planning Commission, the Council shall decide whether to approve or deny the request for a variance.  The Council shall not grant a variance until it has received the report and recommendation from the Planning Commission or until 30 days after the application was accepted by the city.  The Council shall decide whether to approve or deny the request for a variance or an appeal no later than 60 days after the filing of the application.
	(F)	Written findings and order.  The Council shall make written finding of fact and order in granting or denying any application for a variance or appeal.  In granting any variance or making any order related to a variance or appeal, the Council shall impose any condition it considers necessary to protect the public health, safety, or welfare.
	(G)	Notification of decision.  The Administrator shall notify the applicant of the Council's decision in writing.
(1997 Code, § 400.12)
§ 153.12  PLANNED UNIT DEVELOPMENTS (P.U.D.).
	(A)	Upon receiving a report from the Planning Commission, the Council may grant exceptions from the provisions of these regulations in the case of a Planned Unit Development, provided that the Council finds that the proposed development is fully consistent with the purpose and intent of these regulations and in compliance with the Planned Unit Development objectives of the zoning code.
	(B)	This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques.
(1997 Code, § 400.13)  (Am. Ord. 08-072, passed 3-5-2013)
§ 153.13  DESIGN STANDARDS; REQUIRED IMPROVEMENTS.
	(A)	Blocks.
		(1)	In general, intersecting streets, determining block lengths, shall be provided at the intervals as to serve cross traffic adequately and to meet existing streets.  Where no existing plats control the blocks in residential subdivisions, blocks shall not be less than 600 feet nor more than 1,800 feet in length, except where topography or other conditions justify a departure from this maximum.  In blocks longer than 900 feet, pedestrian ways and/or easements through the block may be required near the center of the block.  Blocks for business or industrial use may vary from the elements of design contained in this section if the nature of the use requires other treatment.
		(2)	The width of the block shall normally be sufficient to allow 2 tiers of lots of appropriate depth.  Blocks intended for business or industrial use shall be of the width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries.
		(3)	Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment.  In those cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system.  Space for off-street loading shall also be provided with similar access.  Extension of roads, railroad access right-of-way, and utilities shall be provided as necessary.
	(B)	Lots.
		(1)	Area.  The minimum lot area, width, and depth shall not be less than that established by the zoning code in effect at the time of adoption of the final plat.
		(2)	Corner lots.  Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning code.
		(3)	Side lot lines.  Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.
		(4)	Frontage.  Every lot must have a minimum frontage on a public street accepted for maintenance purposes by the city (or to be accepted upon completion of construction by the applicant), other than an alley, as required in the zoning code.  No subdivision shall be permitted which will result in a lot with less than the minimum frontage on a public street s required by the zoning code except where a variance is granted as provided by this chapter.  In no case shall a variance to this frontage requirement be granted which would permit access to a lot by means of an easement or private road except as provided in § 153.10.
		(5)	Setback lines.  Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the zoning code.
		(6)	Water courses.  Lots abutting a water course, drainage way, channel, or stream shall have additional depth and width, as required under the provisions of the zoning code for the shoreland and wetland system districts.
		(7)	Features.  In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.
		(8)	Lot remnants.  All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.
		(9)	Frontage on 2 streets.  Double frontage, or lots with frontage on 2 parallel streets, shall not be permitted except where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable.  Double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line.
		(10)	Turn-around access.  Where proposed residential lots abut a collector or arterial street, they should be platted in a manner as to encourage turn-around access and egress on each lot.
		(11)	Minimum lot line.  No lot shall have a total width at the front or rear lot line of less than 30 feet.
		(12)	Large lot planning.  In any area where lots are platted in excess of 24,000 square feet or 160 feet in width at the minimum building setback line, a preliminary resubdivision plan may be required showing a potential and feasible way in which the lot or lots may be resubdivided in future years for more intensive use of the land, the placement of buildings or structures upon the lots shall allow for potential resubdivision.
		(13)	Shoreland.
			(a)	Land suitability.  No land shall be subdivided which is held unsuitable by the city for the purposed use because of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential, inadequate water supply or sewage disposal capabilities.
			(b)	Inconsistent plats reviewed by Commissioner of Natural Resources.  All plats which are inconsistent with the Municipal Shoreland Ordinance shall be reviewed by the Commissioner before approval by the city may be granted.  Review shall require that the proposed plats be received by the Commissioner at least 10 days before a hearing is called by the city for consideration of approval of a final plat.
			(c)	Copies of plats supplied to Commissioner.  Copies of all plats within shoreland areas shall be submitted to the Commissioner within 10 days of final approval by the city.
	(C)	Easements.
		(1)	Width and location.  An easement for utilities at least 10 feet wide, shall be provided along all lot lines.  If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.  See § 150.277(A)(2)(e) of this code for other applicable easement regulations.
		(2)	Continuous utility easement locations.  Utility easements shall connect with easements established in adjoining properties.  These easements, when approved, shall not subsequently be changed without the approval of the Council after a public hearing.
		(3)	Provisions for drainage.  Easements shall be provided along each side of the center line of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a width sufficient in the judgment of the Council to provide proper maintenance and protection and to provide for storm water runoff and installation and maintenance of storm sewers.  They shall be dedicated to the city by appropriate language in the owner’s certificate.  See § 150.277(A)(2)(e) of this code for other applicable easement regulations.
	(D)	Erosion and sediment control.  Erosion and sediment control plans shall be provided in accordance with § 150.277(B) of this code.
	(E)	Drainage.  A complete and adequate drainage system design, in accordance with the Watershed District, § 150.277(A) of this code, and Local Storm Water Management Plan, approved by the City Engineer, shall be required for the subdivision.
	(F)	Monuments for plats.
		(1)	Official monuments, as designated or adopted by the County Surveyor's Office or approved by the County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer.  The boundary line of the property to be included with the plat must be fully dimensioned, all angles of the boundary excepting the closing angle to be indicated, all monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to be so monumented.
		(2)	Twenty-four inch long pipes or steel rods shall be placed at each lot and at each intersection of street center lines.  All United States, state, county, or other official bench marks, monuments, or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat.
		(3)	A second monumentation shall be required following the final grading and completion of streets, curbs and utility improvements for a plat in order to ensure that all irons and monuments are correctly in place.
		(4)	(a)	Proof of the final monumentation shall be in the form of a surveyor's affidavit that the monumentations complete.  The surveyor's affidavit shall be submitted to the county; and
			(b)	Surveyor's office and to the city within 1 year from the date of recording the plat or prior to the issuance of building permits, whichever event occurs first.
	(G)	Sanitary sewer and water distribution and public utilities.
		(1)	Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as provided for in the City's Comprehensive Sewer Plan and Water Supply and Distribution Report, and other city plans, and shall be subject to the review and approval of the City Engineer.
		(2)	Where city water facilities are not available for extension into the proposed subdivision. the Council may, by ordinance, grant a franchise for the water facilities, to serve all properties within a subdivision where a complete and adequate neighborhood water distribution system is designed in conjunction with the subdivision, and complete plans for the system are submitted for the approval of the Council.
		(3)	Where city sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate state and local regulations.
		(4)	Telephone, electric, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable city ordinances.  Exceptions to this requirement may be granted by action of the Council.
	(H)	Streets, alleys, and curbs.
		(1)	Streets, continuous.  Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts.  The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served.
		(2)	Local streets and dead-end streets.  Local streets should be so planned as to discourage their use by non-local traffic.  Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use.  Cul-de-sacs shall include a terminal turn-around which shall be provided at the closed end, with a right-of-way radius of not less than 60 feet.
			(a)	Temporary cul-de-sacs shall comply with the following standards.
				1.	The plat shall be reviewed after 3 years, by the City Planner, in order to determine if the cul-de-sac shall remain temporary.  The City Planner shall review the status of the temporary cul-de-sac every 3 years.
				2.	The street shall not exceed 1,000 feet in length in subdivisions in which lots are less than 2.5 acres in size.
				3.	The street shall not exceed 2,640 feet in length in subdivisions in which lots are 2.5 acres or greater.
				4.	The cul-de-sac shall be designated as "temporary" on the final plat, with an easement shown on the final plat identifying where the road will extend.
				5.	The cul-de-sac shall not have landscaped or natural islands within it.
				6.	The street shall not serve more than 20 home sites.
			(b)	Permanent cul-de-sacs shall comply with the following standards.
				1.	The street shall not exceed 600 feet in length in subdivisions in which lots are less than 2.5 acres in size.
				2.	The street shall not exceed 1,320 feet in length in subdivisions in which lots are 2.5 acres or greater in size.
				3.	The cul-de-sac may have landscaped islands or natural open space areas.  Maintenance responsibilities of these areas shall be defined and recorded in the covenants, on the deeds, and in developers agreements.
			(c)	Temporary, platted cul-de-sacs which abut land proposed for development shall be removed by the developer.
		(3)	Street plans for future subdivisions.  Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan for a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
		(4)	Provisions for resubdivision of large lots and parcels.  When a tract is subdivided into larger than normal building lots or parcels, the lots or parcel shall be arranged to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for the resubdivision.
		(5)	Street intersections.  Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations.  Under normal conditions, the minimum angle of intersection of streets shall be 60 degrees, with 90 degree intersections preferred.  Street intersection jogs with an offset of less than 125 feet shall be avoided.
		(6)	Subdivisions abutting collector or minor arterial streets.  Wherever a proposed subdivision abuts or contains an existing or planned collector or minor arterial street as designated on the city's thoroughfare plan, the lots shall access onto local streets wherever possible.  Local streets may be existing or provided with the subdivision.
		(7)	Alleys.  Except in the case of a planned unit development, either a public or private alley may be required in a block where commercially zoned property abuts a major thoroughfare or a major street.  Alleys in residential areas other than those zoned for multiple family use shall not be permitted.
		(8)	Half streets.  Dedication of half streets shall not be approved, except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations, where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided, or where it becomes necessary to acquire the remaining half by condemnation so that it may be improved in the public interest.
		(9)	Street grades.  Except upon the recommendation of the engineer that the topography warrants a greater maximum, street grades shall not exceed the following.
Minor Arterials	5%	
Collector Streets	6%	
Local, Marginal Access, and Cul-de-Sac Streets	8%	
Minimum Grade of Not Less Than	0.5%	

		(10)	Curb radius.  The minimum curb radii for arterials, collector streets, local streets, and alleys shall be as follows.
Arterial Streets	25 feet	
Collector Streets	20 feet	
Local Streets	15 feet	
Alleys	6 feet	

		(11)	Reverse curves.  Tangents of at least 50 feet in length shall be introduced between reverse curves on collector streets.
		(12)	Reserve strips.  Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the Council.
		(13)	Minimum right-of-way widths.
Street	Width	
Principal Arterial	150 feet to 300 feet	
Intermediate Arterial	100 feet to 300 feet	
Minor Arterial	80 feet to 120 feet	
Collector Street	80 feet	
Commercial or Industrial Service Street	80 feet	
Local Street	60 feet	
Marginal Access Street	50 feet	
Cul-de-Sac	60 feet; turn-around radius of 60 feet	

		(14)	Adding width to existing streets.  Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards.
		(15)	Additional right-of-way and roadway widths.  Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use.
		(16)	Street improvements for plats.
			(a)	The City Engineer shall determine when the full width of the right-of-way shall be graded, including the subgrade in accordance with the provisions for construction as outlined in the design standards.
			(b)	All streets shall be improved in accordance with the standards and specifications for street construction established by the Council.
		(17)	Curb and gutter.  Curb and gutter shall be provided when required in accordance with the City of Lake Elmo Engineering Design Standards.
	(I)	General improvements.
		(1)	Trees and boulevard sodding shall be planted in accordance with city standards.
		(2)	Streets signs shall be installed at each intersection in accordance with city standards.
		(3)	Driveway approaches, sidewalks, or pedestrian pathways shall be installed in accordance with city standards.
		(4)	Street lighting fixtures shall be installed in accordance with city standards.
		(5)	The Council may require sidewalks along both sides of all streets in areas where the residential density equals or exceeds 3 dwelling units per nit acre of land or in any commercial, industrial, or other business areas if the Council determines that sidewalks are required for public safety.
(1997 Code, § 400.14)  (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 153.14  PARK LAND DEDICATION REQUIREMENTS.
	(A)	Dedication of land for park and open space use. In all new residential subdivisions, a percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds, trails, public open space, or other public recreational use. For non-residential developments, the city requires a payment in lieu of land dedication as established by resolution of the City Council. Such percentage or fee shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways or other public use pursuant to this chapter. The following schedule describes the required dedication by zoning district. This schedule is based upon density of the development allowed in each district and is intended to equalize the amount and value of land dedicated for parks per dwelling unit in the various districts.
Zoning Districts	Minimum Required Land Dedication	
R1, R2, R3, andR4	10%	
RS, LDR, MDR, HDR	10%	
RE	7%	
RR and AG	4%	

Zoning Districts	Minimum Required Land Dedication	
GB, LB, HB, BP, CB,	Fee as set by Council resolution	
C, CC, LC, VMX	Fee as set by Council resolution	
RR and AG with OP Conditional Use Permit	7%	
RR and AG with OP-A Conditional Use Permit	10%	

	(B)	Land title. Public land dedications, which are not dedicated to the city on a plat, shall be conveyed to the city by warranty deed free and clear of all liens or encumbrances. The subdivider shall provide proof of title, in a form acceptable to the city, prior to the conveyance of the property.
	(C)	Land acceptability. The city must approve the location and configuration of any park land which is proposed for dedication and shall take into consideration the suitability of the land and for its intended purpose; the future needs of the city for parks, playgrounds, trails, or open space; and the recommendations of the city’s Parks Commission. The following properties shall not be accepted for park land dedications:
		(1)	Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water drainage and retention areas, or other similar utilities and improvements;
		(2)	Land which is unusable or of limited use; and/or
		(3)	Land within a protected wetland or within a flood plain area unless the Council determines that all of the following criteria are satisfied:
			(a)	Would be in the best interests of the general public;
			(b)	Would be valuable resource for environmental preservation, educational, or habitat preservation purposes;
			(c)	Has an exceptional aesthetic value; and
			(d)	Would not become financially burdensome to the city as a result of maintenance or preservation requirements.
	(D)	Cash contribution in lieu of land dedication - residential subdivisions larger than three lots. In lieu of the land dedication for residential subdivisions larger than three lots, the city may elect to require the subdivider to contribute a cash equivalent payment to the city’s Park and Open Space Fund, or may require the developer to satisfy the park land dedication requirement by a combination of land and cash contribution. For all residential subdivisions of three or more parcels, the required cash equivalent payment shall be an amount equal to the fair market value of the percentage land dedication for the zoning district in which the subdivided property is located. The city shall determine the fair market value of the land by reference to current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair market value determination of the appraiser shall be conclusive.
	(E)	Cash contribution in lieu of land dedication - minor residential subdivisions and commercial development. Required cash equivalent payments for residential subdivisions resulting in 3 or fewer parcels or for commercial development projects shall be as determined from time to time by Council resolution.
	(F)	Payment of cash contribution. Cash contribution payments shall be made to the city prior to final plat approval for commercial developments or residential subdivision of more than 3 parcels, or prior to the city’s approval of the deeds of conveyance in those cases where a residential subdivision will result in 3 or fewer lots.
	(G)	Previously subdivided property from which a park dedication or cash in lieu contribution has been received, upon resubdivision with the same number of lots, is exempt from park dedication requirements. If, as a result of the resubdivision of the property, the number of lots is increased, the park dedication or cash in lieu contribution shall be applied only to the net increase in the number of lots.
	(H)	(1)	Any cash contribution so paid to the city shall be placed in a special fund. The money shall be used only for:
			(a)	The acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands or open space based on the approved park systems plan;
			(b)	Redevelopment or rehabilitation of existing park facilities or sites; or
			(c)	Debt service in connection with land previously acquired or improvements thereto previously constructed.
		(2)	No funds shall be used for ongoing operation or maintenance of existing parks or recreational facilities or sites.
	(I)	Lands designated for public use on Comprehensive Plan or official maps. Where all or a portion of the area included in a proposed subdivision has been designated as a park, playground, recreational area, proposed school site, or other public ground in the city’s Comprehensive Plan or in an official map adopted pursuant to the Comprehensive Plan, the subdivider shall notify the appropriate governmental unit of the proposed subdivision of the property. The notice shall be given prior to submittal of the development application to the city. Prior to the city’s review of the preliminary plat, the subdivider shall advise the city in writing of the status of the negotiations regarding the designated area.
(1997 Code, § 400.15)  (Am. Ord. 08-072, passed 3-5-2013)  Penalty, see § 10.99
§ 153.15  REQUIRED IMPROVEMENTS; FINANCIAL ARRANGEMENTS.
	(A)	Improvements.  All sanitary sewer, water main and storm sewer facilities, streets, concrete curb, gutters, sidewalks, sodding, drainage swales, and other public utilities ("improvements") shall be made and constructed on or within the subdivided lands or where otherwise required and dedicated to the city and shall be designed in compliance with city standards by a registered professional engineer.
	(B)	Plans and specifications approval.  Plans and specifications shall be submitted to the City Engineer for approval prior to construction.  All of the improvements shall be completed by the developer and acceptable to the City Engineer and shall be free and clear of any lien, claim, charge, or encumbrance, including any for work, labor, or services rendered in connection therewith or material or equipment supplied therefor.
	(C)	Improvement warrantees and guarantees.  Developer shall warrant and guarantee the improvements against any defect in materials or workmanship for a period of 2 years following completion and acceptance.  In the event of the discovery of any defect in materials or workmanship within the 2-year period, the defect shall be promptly repaired or corrected, and the warranty and guarantee for the entire project shall be extended for 1 additional year beyond the original 2-year period, for a period of 3 years following the completion and acceptance.  Defects in material or workmanship shall be determined by the City Engineer.
	(D)	Required inspections of improvements.  Improvements that are to be installed shall be inspected during the course of construction by the City Engineer, at the developer's expense.  Notice shall be given to the City Engineer a minimum of 24 hours prior to the required inspection.  Failure to provide City Engineer with required notice shall result in a stop-order issued to the project.  If developer proceeds with work within the development without required inspection, City Engineer shall have the discretion to accept or reject all or part of the improvement, by giving appropriate written notice to the developer.
	(E)	Acceptance of improvements.  Acceptance of improvements by the City Engineer may be subject to the reasonable conditions as Engineer may impose at the time of acceptance.  Developer, through his or her engineer, shall provide for competent daily inspection during the construction of all improvements.  As-built drawing, Whitehall include service and valve ties, on reproducible mylar shall be delivered to the Engineer within 60 days of completion of the improvements together with a written certification from a registered engineer that all improvements have been completed, inspected, and tested in accordance with city-approved plans and specifications.
	(F)	Changes to construction plans and specifications.  All changes to the construction plans and specifications must be approved by the City Engineer.
	(G)	Clean-up obligations; street signs.  
		(1)	Developer shall remove all soil and debris from and clean all streets within the lands developed in accordance with § 150.277(B)(2)(d) of this code.
		(2)	In the event there are or will be constructed on the property, 2 or more streets, and if permanent street signs have not been installed, developer shall install temporary street signs in accordance with recommendations of the Maintenance Department, prior to the issuance of any permit to build upon the property.
	(H)	Erosion control.  Erosion control shall be provided with the installation of utilities and street curbs in accordance with the City of Lake Elmo Engineering Design Standards.
	(I)	Developers agreement/security.  Subsequent to approval by the Council and before execution by the city of the final plat or other appropriate forms of city approval, developer shall:
		(1)	Enter into a developer's agreement whereby developer shall undertake performance of the obligations imposed by this chapter, or by Council condition, and containing the other terms and provisions and in the form as shall be acceptable to the City Attorney, including, but not limited to, provisions for default including fines and penalties; and
		(2)	Submit a bond, letter of credit, or cash deposit ("security") which guarantees completion of all improvements within the times specified by the City Engineer.  The amount of the security shall be 125% of the estimated construction cost of the improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and receipt of as-built drawings.  The security shall be in the form and contain the other provisions and terms as may be required by the City Engineer and/or City Attorney.  The developer's registered engineer shall make and submit for approval to the City Engineer, a written estimate of the costs of the improvements.
	(J)	Petitions for improvements by city.  With the approval of the Council, and instead of the obligations imposed by divisions (A) through (I) above, developer may enter into an agreement signed by 100% of all owners of the land to be developed, requesting the city to install some or all of the improvements, request all of the costs be assessed against the property, and waiving the rights to appeal from the levied special assessments.  Upon approval by the Council, the city may cause the improvements to be made and special assessments for all costs of the improvements to be levied on the land, except any land that is or shall be dedicated to the public.  The special assessment shall be payable over a term of 5 years unless otherwise authorized by the Council.  Prior to the award of any contract by the city for the construction of any improvement, developer shall have entered into a contract for rough grading of streets included in the improvement to a finished subgrade elevation, and including the other terms as required by Council.  Developer's obligation with respect to the rough grading work shall be secured by a bond, letter of credit, or the deposit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading.  The amount of the security shall be 125% of the cost of the rough grading and shall be in the form and contain the further terms as may be required by the City Engineer and/or City Attorney.
	(K)	City Attorney approval.  No final plat shall be approved by the Council without first receiving a report signed by the City Attorney certifying that the agreements and documents required under this chapter meet the requirements of the city.  The City Treasurer shall also certify that all fees required to be paid to the city in connection with the plat have been paid.
	(L)	Warranty bond.  The city shall require a developer to submit a warranty bond or equivalent in the amount equal to the original cost of the improvements, which shall be in force a minimum of 2 years following final acceptance of any required improvements and shall guarantee satisfactory performance of the improvements, unless waived by the Council.
(1997 Code, § 400.16) (Am. Ord. 08-024, passed 4-20-2010)  Penalty, see § 10.99
§ 153.16  FEES.
	(A)	The Council shall by ordinance, adopted from time to time, establish fees to be paid by the applicant to defray the administrative costs and expenses incurred by the city in processing development applications, applications for variance or appeals under the provisions of this chapter.
	(B)	Fees to be paid by the applicant shall include all administrative, engineering, legal, and consulting fees and materials costs reasonably incurred in the review of the proposed subdivision and the processing of the applications or appeals.
(1997 Code, § 400.17)
§ 153.17  VIOLATIONS.
	(A)	Sale of lots from unrecorded plats.  It shall be a violation of this chapter to sell, trade, offer to sell, trade, or otherwise convey am lot or parcel of land as part of, or in conformity with any plan, plat, or replat of any subdivision or area located within the city unless the plan, plat, or replat shall first have been approved by the city in writing as provided by this chapter and in the case of a plat, replat, or registered land survey unless the survey is recorded in the office of the County Recorder or Registrar of Titles.
	(B)	Misrepresentation as to construction, supervision, or inspection of improvements.  It shall be unlawful for any person to represent that any improvement upon any of the streets, alleys, or avenue of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the city, when the improvements have not been so constructed, supervised, or inspected.
(1997 Code, § 400.18)  Penalty, see § 10.99
CHAPTER 154:  ZONING CODE
Section
	154.01	Zoning Code adopted by reference.
§ 154.01  ZONING CODE ADOPTED BY REFERENCE.
	The City of Lake Elmo zoning regulations are presently undergoing comprehensive revision. The current regulations are adopted by reference as if set forth in full herein, and are available for inspection during regular business hours in the City Planning Department.
APPENDIX A:  FEE SCHEDULE
Application/Fee/Permit Type	Fee 2015	Escrow or Additional Charge	Department	
Accessory bldg. forward of primary structure (§ 154.092)	$200		Planning	
Administrative citations			Administration	
	General code violations			Administration	
		1st offense	$100 per violation		Administration	
		2nd offense within one year from the first citation	$200 per violation		Administration	
		3rd offense within one year from the first citation	$500 per violation 		Administration	
		4th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the city. An administrative citation may also be issued independently or concurrent to any other legal action take by the city.		Administration	
	Building and safety code violations				
		1st offense	$100 per violation		Building	
		2nd offense within one year from the first citation	$500 per violation		Building	
		3rd offense within one year from the first citation	$1,000 per violation		Building	
		4th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the city. An administrative citation may also be issued independently or concurrent to any other legal action take by the city.		Building	
Amateur radio antenna	$875		Planning	
Appeal (to Board of Adjustment and Appeals)	$250		Administration	
Bee keeping permit	$25	Valid for 2 years from issuance	Administration	
Building demolition			Administration	
	Residential	$200		Building	
	Commercial	$300		Building	
Burning permit			Fire	
	Residential	$45		Fire	
	Commercial	$80		Fire	
	Illegal burn	See notes	Additional fees may be incurred based on Wash. Cty. chief’s fee schedule and # of responding units	Fire	
Chicken keeping permit	$25	Initial permit expires on 12/31 of 2nd year	Administration	
Comprehensive Plan amendment	$1,300		Planning	
Conditional use permit (CUP)
(new or amended)	new $1,050
amended $500	Wireless communication facilities escrow $6,000
Flood plain ordinance escrow $500	Planning	
CONTRACTOR LICENSE FEES				
	Demolition	$50		Licensing	
	Driveway	$50		Licensing	
	Excavator	$50		Licensing	
	HVAC	$50		Licensing	
	Irrigation	$50		Licensing	
	Sewer/water line installer	$50		Licensing	
	Sign installer	$50		Licensing	
	Solid waste hauler	$120		Licensing	
COPY SERVICES (paper/electronic)			Administration	
	Copies (B & W)	$.25 per page	100 pages or more are charged at actual cost of production	Administration	
	Copies (B&W) 11 x 17	$1 per page		Administration	
	Copies (color)	$.50 per page		Administration	
	Copies (color) 11 x 17	$2 per page		Administration	
	Data DVD fee	$15		Administration	
	GIS scaled aerial	$25		Administration	
	Existing maps	$5		Administration	
	Custom (per hour rate)	$70		Administration	
	Plan size maps (larger than 11 x 17)	$15		Administration	
	Development standards specifications & details	$55		Administration	
	Video reproduction	$10		Administration	
Culverts in developments with rural section	$160		Administration	
Daycare inspection fee	$60	Plus 1% of value. Minimum $100	Fire	
Dog license			Licensing	
	Altered	$20		Licensing	
	Unaltered	$25		Licensing	
	Late fee	$2.50 per month	Maximum $10	Licensing	
	Service dogs license	No charge		Licensing	
	Duplicate license or tag	$1		Licensing	
	First impound - unlicensed dog	$60	All impound fees plus $20/day boarding fee	Licensing	
	First impound - licensed dog	$42		Licensing	
	First impound - cat	$42		Licensing	
	Subsequent dog/cat impound	$85	Plus boarding fee - $20/day	Licensing	
Driveway			Planning	
	Residential	$70		Planning	
	Commercial	$160		Planning	
Easement encroachment	$150	Staff and recording fee	Planning	
Electronic fund withdrawal/bill payment	Fee and transaction charge		Administrati on	
Environmental review				
	Village area AUAR fee	$230	Per REC unit. To be charged to development applications that increase the number of REC units above existing conditions within the village AUAR area. The fee will be based on the difference between the proposed and existing REC units.
Fee to be paid as part of a developer’s agreement for larger projects or at the time a building permit is issued for smaller projects.
Once paid, the same land will not be charged again.	Planning	
Erosion Control			Building 	
	Re-inspection fee (portal to portal from city hall: 1 hr. min.)	$50 per hour	$5,000 security	Building 	
Excavating and grading ³ 50 cubic yards, up to 400 cubic yards	$125	$500 security	Building 	
Excavating and grading ³ 400 cubic yards	$500	$500 fee escrow plus security $1,500 per acre with $1,500 minimum	Engineering	
False alarms (12 month period*)
(*1-3 no charge)			Fire	
	Residential			Fire	
		4-6 false alarms	$110		Fire	
		In excess of 6 false alarms	$185		fire	
	Commercial			Fire	
		4-6 false alarms	$315		Fire	
		In excess of 6 false alarms	$520		Fire	
	Fire alarm systems (new or rework including low voltage systems)	1.2% of value	Minimum $100	Fire	
Flood plain district delineation	$500		Planning	
Fuel tank removal (underground)	$250		Administration	
Fuel tank install	2% of value of work	Minimum $100	Administration	
HVAC			Building	
	Residential	$60/unit	Up to 3 units, max fee $180	Building	
	Commercial	$60/unit	Up to 3 units or 1% of total valuation, which ever is greater.	Building	
Interim use permit (IUP)			Planning	
	Fee	$1,050		Planning	
	Renewal	$300		Planning	
Land use escrow	$2,500	Escrow agreement	Planning	
Liquor license			Licensing	
	Club on-sale intoxicating	$100		Licensing	
	On sale intoxicating	$1,500		Licensing	
	Off-sale intoxicating	$200		Licensing	
	Off-sale non-intoxicating	$150		Licensing	
	On-sale intoxicating - 2nd bldg	$750		Licensing	
	On-sale non-intoxicating	$100		Licensing	
	Investigation	$350		Licensing	
	On-sale Sunday intoxicating	$200		Licensing	
	Temporary intoxicating	$25		Licensing	
	Wine	$300		Licensing	
Lot line adjustment	$325		Planning	
Manufactured home parks			Planning	
	Fee	$1,000		Planning	
	New	$1,200	Plus $2,500 fee escrow	Planning	
	Move home out of city	$200		Building	
	Move into city	$200		Building	
Massage therapy premises license			Licensing	
	Application fee	$100	Fee includes one therapist	Licensing	
	Investigation fee	$100		Licensing	
Massage therapy practitioner license			Licensing	
	Application fee	$50		Licensing	
	Investigation fee	$25		Licensing	
Massage therapy premises license renewal	$50	Fee includes one therapist	Licensing	
Massage therapy practitioner license renewal	$25		Licensing	
Massage therapy license amendment	$25		Licensing	
Minor subdivision	$525		Planning	
Moving house or primary structure into city	$520	Plus security with amount to be determined by city with recommendation from Building Official	Administrati on	
Moving accessory structure into city	$305	Plus security to be determined by the city with recommendation from Building Official	Administrati on	
Other inspections and fees			Building	
	Inspection outside of business hours	$100 (2 hr. min.)		Building	
	Re-inspection fees assessed	$50 per hour		Building	
	Inspections with no fee assigned	$50 per hour		Building	
	Construction escrow	$5,000	Or determined by Building Official	Building	
	Cancelled or refunded permits	$25		Building	
	Work without permit	see notes	investigative fee to equal permit fee	Building	
	Duplicate inspection card	$25		Building	
Park dedication			Planning	
	Residential - up to 3 lots	$ 3,600 per lot	4 or more lots per § 153.14	Planning	
	Commercial	$4,500 per acre		Planning	
Parking lots				
	New commercial	$175	$500 fee escrow. Security $1,500 per acre with $1,500 min.	Planning	
	Existing commercial	$200		Planning	
Platting				
	Sketch plan review (subdivision)	$500	$3,500 fee escrow	Planning	
	Preliminary plat (subdivision)	$1,850	$10,000 fee escrow	Planning	
	Final plat (subdivision)	$1,250	$8,000 fee escrow	Planning	
	Concept Plan (OP Development)	$1,250	$5,000 (<100 units) fee escrow
$7,500 (>100 units) fee escrow		
	Preliminary plat review (OP Development)	$1,850			
	Final plat (OP Development)	$1,250			
		(City will retain escrows to reimburse review costs for each stage of development review)	Planning	
Planned unit development			Planning	
	General concept plan	$1,250	$7,500 fee escrow	Planning	
	Development stage plan	$1,850	$7,500 fee escrow	Planning	
	Final plan	$1,250	$7,500 fee escrow	Planning	
		(City will retain escrows to reimburse review costs for each stage of development review)	Planning	
Plumbing			Administrati on	
	Residential	$60/unit	Up to 3 units, max fee $180	Building	
	Commercial	$60/unit	Up to 3 units or 1% of total valuation, whichever is greater.	Building	
Private roads (permitted only in AG zone)	$150		Engineering	
Real estate searches	$15/search	For special assessment or utility search	Administration	
Restrictive soils and wetland restoration 
	protection and preservation permit	$800	$1,500 fee escrow	Planning	
Retaining walls over 4'	$150	Based on valuation, $100 minimum	Building	
Returned check (NSF)	$25		Administration	
Right-of-way permit			Engineering	
	Annual registration	$200	$5,000 security	Engineering	
	Excavation permit 	$275 + $0.60/foot		Engineering	
	Joint trench permit (per lot per utility) 	$275 + $0.60/foot		Engineering	
	Obstruction permit	$275		Engineering	
	Permit extension	$100		Engineering	
	Delay penalty (per calendar day)	$25		Engineering	
Roofing			Building	
	Residential	$150		Building	
	Commercial	See notes	Based on valuation	Building	
SAC charge (city) (sewer availability charge)	$3,000	Per REC unit: collected at time of plat for new lot or at time of connection for existing.	Engineering	
SAC charge (Met Council) (sewer availability charge)	$2,485	Per REC unit: $2,485 to Met Council at time of connection.	Engineering	
Sewer connection charge	$1,000	Per REC unit	Engineering	
Sewer lateral benefit charge	$5,800	Per REC unit connecting to a trunk sewer main and that has never been assessed	Engineering	
Sewer rate	$4.50/1,000 gal.		Administrati on	
	201 off-site maintenance fee	$75/unit/quarter		Administrati on	
Siding			Building	
	Residential	$150		Building	
	Commercial	See notes	Based on valuation	Building	
Signs			Planning	
	Permanent	$180		Planning	
	Temporary	$75		Planning	
	Temporary renewal	$25		Planning	
	Re-inspection fee	$25		Planning	
Special event permit	$75	City must be listed as additional insured	Planning	
Sprinkler system (inspection fee)	1.2% of value	Minimum $100	Building	
Sprinkler system (re-inspection fee)	$50		Building	
Surface water			Administrati on	
	Residential	$50		Administrati on	
	Nonresidential (commercial, etc.)	$50	Utility rate factor per code	Administrati on	
	Review fee	$125	$75 review/$50 Storm Water Fund	Administrati on	
Vacations (streets or easements)			Planning	
	Easements	$515	$500 fee escrow	Planning	
	Streets	$515	$500 fee escrow	Planning	
Variance	$750		Planning	
	Shoreland variance	$1,500		Planning	
Water availability charge (WAC)	$3,000	Per REC unit; collected at time of plat for new lot or at time of connecting for existing.	Engineering	
Water connection charge	$1,000	Per REC unit	Administration	
Water equipment/set up			Administration	
	Meter (3/4" or less)	$350	Additional fees apply to larger sized meters	Administration	
	Driveway curb stop lid	$100		Administration	
	Disconnect service	$80		Administration	
	Reconnect service	$80		Administration	
Water lateral benefit charge	$5,800	Per REC unit connecting to a trunk water main and that has never been assessed	Engineering	
Water Usage			Administration	
	Residential - quarterly rate	$25 base		Administration	
		Plus rate per 1,000 gallons			Administraion	
			0 - 15,000 gallons	$2.00		Administration	
			15,001 - 30,000 gallons	$2.60		Administration	
			30,001 - 50,000 gallons	$3.38		Administration	
			50,001 - 80,000 gallons	$4.39		Administration	
			80,001+ gallons	$5.71		Administration	
	 Commercial - quarterly rate	$25 base		Administration	
		Plus rate per 1,000 gallons			Administration	
			0 - 15,000 gallons	$3.11		Administration	
			15,001 - 30,000 gallons	$3.26		Administration	
			30,001 - 50,000 gallons	$3.77		Administration	
			50,001 - 80,000 gallons	$5.00		Administration	
			80,001+ gallons	$6.63		Administraion	
	Hotel/motel - quarterly rate	$25 base	For metered non- irrigation (domestic) consumption	Administration	
		Plus rate per 1,000 gallons			Administration	
			0 - 30,000 gallons	$3.11		Administration	
			30,001 - 50,000 gallons	$3.26		Administration	
			50,001 + gallons	$4.00		Administration	
	Delinquent accounts			Administration	
		Regular	6% per quarter	Plus $25 or 8%, whichever is greater, if certified to county for collection with taxes	Administration	
		Storm water	10% per year		Administration	
	Bulk water purchase			Administration	
		Water from hydrant	$61.20 for first 5,000 gallons	Plus $3.26 per additional 1,000 gallons	Administration	
		Sod installation (new construction)	$61.20 for first 5,000 gallons	Up to 45 days. Resident must contact city in advance	Administration	
		Swimming pool fill	$61.20 for first 5,000 gallons	Plus $3.26 per 1,000 gallons and $15 per labor hour	Administration	
Wind generator	$850	$2,000 fee escrow	Planning	
Wireless communications permit	$500	$6,000 fee escrow	Planning	
Zoning amendment (text or map)	$1,245		Planning	
Zoning Certification Letter	$25		Planning	
Zoning Permit - Certificate of zoning compliance			Planning	
	Accessory structures <200 sf	$75		Planning	
	Fence (less than 6')	$75		Planning	
	Swimming pool	$75		Planning	
	Other	$75		Planning	
Definition of terms
	* FEE ESCROW.  City will maintain a fee escrow to cover all city review costs. Application fees include all professional fees and expenses incurred by the city.
	**SECURITY.  City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo Municipal Code.	

(Ord. 97-202, passed 12-4-2007; Am. Ord. 08-004, passed 2-22-2008; Am. Ord. 08-009, passed 9-26-2008; Am. Ord. 08-013, passed 1-20-2009; Am. Ord. 08-022, passed 1-26-2010; Am. Ord. 08-036, passed 12-7-2010; Am. Ord. 08-037, passed 1-4-2011; Am. Ord. 08-045, passed 6-21-2011; Am. Ord. 08-056, passed 3-6-2012; Am. Ord. 08-068, passed 2-5-2013; Am. Ord. 08-084, passed 7-2-2013; Am. Ord. 08-097, passed 12-17-2013; Am. Ord. 08-101, passed 2-18-2014; Am. Ord. 08-103, passed 2-18-2014; Am. Ord. 08-114, passed 8-5-2014; Am. Ord. 08-115, passed 12-16-2014; Am. Ord. 08-127, passed 12-15-2015; Am. Ord. 08-132, passed 4-5-2016)
APPENDIX B:  ELECTRICAL INSPECTION FEES
Item Description	Fees	
Minimum fee (does not include state surcharge)	$38.50	
Single Family dwelling and Multi-family dwelling with individual service	$148.50	
Multi-family dwelling with common service, each unit	$77.00	
Swimming pool, spa, fountain	$84.00	
Finish basement, rough-in and final inspection	$77.00	
Amperes service, generators and other power supplies and feeders to separate structures
	0-400 amperes
	401-800 amperes
	More than 800 amperes	
$38.50
$66.00
$110.00	
0 to 200 ampere circuits	$6.60	
More than 200 ampere circuits	$16.50	
Street, parking and outdoor lighting standard	$5.50	
Traffic signals	$5.50	
0-10 KVA transformers for light, heat and power	$16.50	
More than 10 KVA transformers for light, heat and power	$33.00	
Transformers for electronic power supplies, signs and outline lighting	$5.50	
Alarm communication, remote control and signal circuits less than 50 volts each	$0.83	
Electrical re-inspection 2nd trip	$38.50	
Investigation fee for electrical work started without permit.  Equal to permit fee		
Residential service change (fuses to breakers, service upgrade, etc.)	$75.00	
Hourly rate per State of Minnesota Fee Schedule/ special inspections		
State surcharge 	$5.00	

(Ord. 08-049, passed 7-19-2011; Am. Ord. 08-094, passed 11-19-2013)