HomeMy WebLinkAbout#15 - Short Term Rental Ordinance STAFF REPORT
DATE: February 7, 2018
REGULAR
ITEM #: 15
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Bed and Breakfast (Short Term Rentals)
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
The subject of allowing short term rentals (AirBNBs, VRBO, HomeAway, etc.) within the RS
zoning district was discussed at the July 11th, 2017 workshop, and as a result Staff was asked to
explore the option. The Zoning Code defines a bed and breakfast as a private, owner-occupied
residence that contains no more than five (5) guestrooms where lodging, with or without meals, is
provided for compensation. Therefore, short term rentals would be categorized as Bed and
Breakfasts.
At its August 14, 2017 meeting, the Planning Commission considered where AirBNBs and other
types of bed and breakfasts should be allowed within different zoning districts than they are
currently and if the standards for such uses should be amended. A public hearing was held on
January 22, 2018.
ISSUE BEFORE COUNCIL:
Council is being asked to consider whether bed and breakfasts (including short term rentals) should
be allowed within different zoning districts than they are currently and if the standards for such
uses should be amended.
REVIEW/ANALYSIS:
Definition. Staff recommends amending this definition to define owner-occupied by adding the
following to the current definition:
Bed and Breakfast. A private, owner-occupied residence that contains no more than five (5) guestrooms
where lodging, with or without meals, is provided for compensation. For purposes of this definition,
“owner-occupied residence” shall mean a residence within which a person lives for six months plus a
day during a calendar year.
Zoning. Bed and breakfasts are currently a conditional accessory use in the Rural Development
Transitional (RT), Agricultural (A), Rural Residential (RR), Medium Density Residential (MDR),
High Density Residential (HDR), Village Mixed Use (VMX), and General Business (GB) zoning
Council – Staff Report Regular # 15
Meeting date: 2/7/2018
Page 2
districts. They are not allowed in the Rural Single Family (RS), Residential Estates (RE), Low
Density Residential (LDR), Village Low Density Residential (V-LDR), Limited Commercial
(LC), Convenience Commercial (CC), Commercial (C), or Business Park (BP) zoning districts.
Allowing such a use within the RT, A, and RR zoning districts makes sense from a planning
perspective, as properties within these zoning districts are typically larger (10 acres or more), and
therefore such a use is less likely to create a nuisance to neighboring properties. Properties within
the other rural districts are much smaller, and constant revolving guests could create a nuisance to
an otherwise typically quiet, rural area with smaller lots. However, allowing such a use for these
properties would promote visitors to Lake Elmo and allow residents to receive income from their
properties by allowing guests to stay in areas that could be more attractive (i.e. proximity to the
lake (many of the lakes within the city are surrounded by RS and RE-zoned properties)) than other
larger properties. However, short-term rentals also have the possibility to contribute to noise, litter,
congestion, and the use of on-street parking, increasing likelihood of nuisance complaints.
Properties within the Urban Residential districts are even smaller and therefore the potential to
create nuisances such as creation of loss of parking for surrounding homes and noise is much
higher. Of the commercial districts, single-family and multifamily dwellings are only allowed in
the Commercial zoning district as a conditional use, so of all the commercial districts, it would
only make sense to allow bed and breakfasts only within the Commercial zoning district. The size
of these properties, their location, and chance of creation of a nuisance would vary.
Standards. The Zoning Code sets forth the following standards for bed and breakfasts:
Bed and Breakfast. The facility shall be located in a single-family detached dwelling.
1. The number of lodging rooms in any building shall not exceed five (5) unless in the opinion of
the Planning Commission and City Council conditions warrant additional rooms.
2. The facility shall maintain a guest register open to inspection by the City.
3. Guest stay shall be limited to seven (7) days.
4. The applicant shall meet all applicable government regulations.
5. The operator shall carry liability insurance, and shall provide proof of such insurance to the
City upon request.
Additionally, parking requirements require 1 space per guest room in addition to dwelling unit
requirements.
Planning Commission Review. When the Planning Commission considered where bed and
breakfasts should be allowed and if they should be considered conditional or permitted uses at its
August 14, 2017 meeting, the Planning Commission generally felt that the City shouldn’t get
involved in the issue as there currently does not seem to be a problem. The Planning Commission
felt that bed and breakfasts should be permitted, rather than conditional, accessory uses in zoning
districts in which they are currently allowed and conditional uses in zoning districts in which they
are not currently allowed.
When the Planning Commission held a public hearing and considered the ordinance amendment
at its January 22, 2018 meeting, it amended its recommendations, outlined as follows:
Council – Staff Report Regular # 15
Meeting date: 2/7/2018
Page 2
• Required Permit. They recommended that bed and breakfasts require a separate permit
(different than a conditional use permit) that costs $100 (as opposed to a conditional use
permit, which costs $1050.00 plus a $500 escrow) in order to track bed and breakfasts
(specifically short term rentals) within the City without the high cost and long application
process that a conditional use permit requires.
• Zoning Districts in Which Bed and Breakfasts are Allowed. The Planning Commission
recommended that bed and breakfasts be allowed as follows, with the understanding that
there are separate permit requirements for bed and breakfasts outside of a conditional use
permit (proposed changes are indicated with strikethroughs and underlines). Summarily,
the Planning Commission recommended that bed and breakfasts be allowed as permitted
uses within the RT, A, RR, MDR, HDR, and V-LDR zoning districts (amended from
conditional uses) and the GCC, LDR, and VMX zoning districts (amended from a non-
permitted use). The Planning Commission recommended that bed and breakfasts not be
an allowed use within the RS and RE zoning district because of the small lots within these
zoning districts, which increase concerns about parking and the potential creation of
nuisances.
RT A RR RS RE
Bed and Breakfast C P C P C P - -
GCC LDR MDR HDR
- P - P C P CP
V-LDR VMX - P C P
C
- P
• Amended Standards. In regards to standards for bed and breakfasts, the Planning
Commission recommended adding the requirement that bed and breakfasts have a
minimum of one stall per unit. Staff note: This is already a requirement as per Table 5-2
Specific Minimum Off-Street Parking Requirements of the Zoning Code.
FISCAL IMPACT:
If the City chooses to allow bed and breakfasts as a permitted, rather than conditional, use in certain zoning
districts, there will be a loss in conditional use permit fees for each potential bed and breakfast. However,
waiving of the requirement for a conditional use permit will also decrease the amount of Staff time required
to process the conditional use permit. Additionally, if a $100 permit is required, the likelihood that residents
Council – Staff Report Regular # 15
Meeting date: 2/7/2018
Page 2
will register their bed and breakfast will increase and the City will generate some sort of revenue from bed
and breakfasts/short term rentals.
OPTIONS:
The Council may:
• Adopt Ord. 08-197 and Ord. 08-200 as recommended by Staff and the Planning Commission.
• Make amendments to Ord. 08-197 and/or Ord. 08-200 and Council adopt as amended.
• Do not adopt Ord. 08-197 nor Ord. 08-200.
RECOMMENDATION:
Staff and the Planning Commission recommend that Council make the following motion:
“Move to adopt Ord. 08-197 amending the allowed use of bed and breakfasts within the City.”
If the Council approves Ord. 08- as presented (allowing bed and breakfasts as a permitted accessory use
through a bed and breakfast permit, rather than a conditional use permit), the Council should also adopt
Ord. 08- amending the City’s fee schedule to include a Bed and Breakfast Permit Fee.
“Move to adopt Ord. 08-200 amending the City’s fee schedule to include a bed and breakfast permit
fee.”
Additionally, if the Council adopts the above-mentioned ordinances, the Council should also adopt
Resolution 2018-014 permitting summary publication of Ord. 08-197 and Ord. 08-200.
“Move to adopt Resolution 2018-014 authorizing summary publication of Ord. 08-197 and Ord. 08-
200.”
ATTACHMENTS:
• Ord. 08-197 amending the City Code as it pertains to bed and breakfasts
• Ord. 08-200 amending the City’s Fee Schedule
• Resolution 2018-014 authorizing summary publication of Ord. 08-197 and Ord. 08-200
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-197
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES AS
IT PERTAINS TO ACCESSORY USE OF BED AND BREAKFAST
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted, Conditional, and
Interim Uses, by amending the following:
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household Living
Single-Family Detached Dwelling P P P P P 154.404 (A)
Secondary Dwelling - P - - - 154.404 (D)
Services
Self Service Storage Facility Ia Ia - - - 154.404 (G)
Outdoor Recreation
Outdoor Recreation Facility - C - - - 154.306 (C)
Parks and Open Areas P P P P P 154.012 (B) (7)
Restricted Recreation - C - - - 154.306 (B)
Agricultural and Related Uses
Agricultural Entertainment Business I I I - - 154.914
Agricultural Production P P P - - 154.012 (B) (9)
Agricultural Sales Business I I I - - 154.913
Agricultural Services C C
- - - 154.404 (J)
Forestry Operations - P - - - 154.012 (B) (9)
Greenhouses, Non Retail C C C - - 154.012 (B) (9)
Wayside Stand P P
P - - 154.012 (B) (9)
Industrial and Extractive Uses
Motor Freight and Warehousing Ia - - - - 154.404 (G)
Accessory Uses
Bed and Breakfast C P* C P* C P* - - *154.310 (A)
Domestic Pets P P P P P
154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.012 (B) (12)
Kennel, Private C C C - - 154.012 (B) (12)
Solar Equipment P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
2
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Water-Oriented Accessory Structures P P P P P 154.800
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Open Space Preservation Development
OP Development - C C - - Article 16
SECTION 2. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article XII: Urban Residential Districts; Section 154.451: Permitted,
Conditional, and Interim Uses:
GCC LDR MDR HDR Standard
Residential Uses
Household Living
Single-family detached dwelling P* P P P 154.174 (B),
(E), *(O)
Two-family dwelling - - P P 154.174 (F)
Single-family attached dwelling - - P* P** 154.154
*(G),**(J)
GCC LDR MDR HDR Standards
Multifamily dwelling (rental or
condominium) - - C* P** 154.454
*(H),**(K)
Secondary dwelling C C C C 154.454 (C)
Live-work unit - - - C 154.454 (L)
Manufactured home park - - C - 151.035-
151.150
Group Living
Group Home - P P P 154.301 (C)
Group residential facility - - C C 154.301 (B)
Halfway House - - - C 154.301 (B)
Congregate Housing - - C C 154.301 (C)
Semi-transient accommodations - - C C 154.301 (D)
Public and Civic Uses
Community services - - - C
3
Day care center - - C C 154.012 (2)
(d)
Schools, public and private - C C C 154.303 (A)
Services
Offices - - C 154.454 (M)
Funeral home - - C 154.454 (I)
Personal services - - C 154.454 (I)
Nursing and personal care - - C 154.303 (C)
Sales of Merchandise
Neighborhood convenience store - - C 154.454 (N)
Wayside stand P P P 154.454 (D)
Outdoor Recreation
Golf course P C - - 154.306 (A)
Outdoor recreation facility C - - - 154.306 (C)
Indoor recreation facility C - - - 154.307,
154.454 (Q)
Parks and open areas P P P P
GCC LDR MDR HDR Standards
Transportation and Communications
Broadcasting or communication
facility - C C C
Accessory Uses
Home occupation P P P P 154.012 (12)
(e)
Bed and breakfast - P* - P* C P* CP* *154.310 (A)
Domestic pets P P P P
Family day care P P P P 154.012 (12)
(b)
Group family day care - C C C 154.012 (12)
(b)
Temporary sales P P P P 154.456 (I)
Parking facility - - - C
Solar equipment P P P P 154.456 (I)
Swimming pools, hot tubs, and the
like P P P P 154.310 (C)
Water-oriented accessory structures P P P P 154.800
4
Restaurant C - - - 154.454 (P)
Drinking and Entertaining C - - - 154.454 (P)
Semi-transient accommodations C - - - 154.454 (R)
Other structures typically incidental
and clearly subordinate to permitted
uses
P P P P
SECTION 4. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article XIII: Village Mixed Use District; Section 154.401: Permitted,
Conditional, and Interim Uses by amending the following:
V-LDR VMX Standard
Residential Uses
Household Living
Single-family detached dwelling P C* 154.505 (A) (1), (2), *(4)
Two-family dwelling - C* 154.505 (A) (1), *(4)
Single-family attached dwelling - C 154.505 (A) (1), (5)
Multifamily dwelling - C 154.505 (A) (1), (6)
Secondary dwelling C C 154.454 (C) & 154.505
(A) (1), (3)
Live-work unit - C 154.505 (B) (6)
Group Living
Group Home P P 154.301 (A)
Group Residential Facility - C 154.301 (B)
Congregate Housing - C 154.301 (C)
Semi-Transient Accommodations - C 154.301 (C)
Public and Civic Uses
Community Services - P 154.012 (B)
Day Care Center - P 154.012 (B) Public Assembly - C 154.012 (B) Religious Institutions - C 154.303 (N) Schools, Public and Private - C 154.303 (A)
Services
Business Services - P 154.012 (B) Business Center - P 154.012 (B) Offices - P 154.012 (B) Communications Services - P 154.012 (B) Education Services - P 154.303 (A) 154.012 (B) Financial Institution - P 154.012 (B) Funeral Home - C 154.012 (B) Lodging - C 154.302 (D)
Medical Facility - C 154.303 (B)
Membership Organization - C
Nursing and Personal Care - C 154.303 (C)
Personal Services - P
5
Repair and Maintenance Shop - C 154.505 (B) (1)
Trade Shop - C 154.505 (B) (2)
Veterinary Services - C 154.505 (B) (3)
Food Services
Standard Restaurant - P
Restaurant with Drive-through - C 154.304 (A)
Drinking and Entertainment - P 154.304 (B)
Sales of Merchandise
Retail Trade 1 - P
Farmer’s Market - C
Garden Center - C 154.554 (G)
Neighborhood Convenience Store - P
Shopping Center - C
Wayside Stand P P 154.454 (D)
Automotive/Vehicular Uses
Automobile Maintenance Service - C 154.505 (B) (5)
Automobile Parts/Supply - C 154.505 (B) (5)
Gasoline Station - C 154.305 (B)
Parking Facility - C 154.505 (B) (7)
Sales and Storage Lots - C 154.305 (C)
Outdoor Recreation
Outdoor Recreation Facility - C 154.306 (C)
Parks and Open Areas P P
Indoor Recreation/Entertainment
Indoor Athletic Facility - C 154.307
Indoor Recreation - C 154.307
Transportation and Communications
Broadcasting or Communications
Facility
- C
Mixed Uses
Combination of Principal Uses on a
single parcel
- C/P 154.501 (B)
Combination of Principal and
Accessory Uses on a single parcel
P P 154.501 (A)
Accessory Uses
Home Occupation P P 154.012 (12) (e)
Bed and Breakfast - P* C P* *154.310 (A)
Family Day Care P P 154.012 (12) (d)
Group Family Day Care - C Temporary Sales P P 154.509 (G)
Parking Facility - P 154.505 (H) (7) Solar Equipment P P 154.310 (C)
Swimming Pools, Hot Tubs, Etc. P P
6
Other Structures Typically
Incidental and Clearly Subordinate
to Permitted Uses
P P
SECTION 6. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article XVI: Commercial Districts; Section 154.551: Permitted, Conditional,
and Interim Uses, by amending the following:
Table 12-1: Permitted, Conditional and Interim Uses, Commercial Districts
LC CC C BP Standard
Residential Uses
Household Living
Single-family attached dwelling - - C - 154.554 (A)
Multifamily dwelling - - C - 154.554 (B)
Live-work unit C C C - 154.012 (B) (1)
Group Living
Semi-transient accommodations - - C - 154.301 (D)
Congregate housing - - C - 154.301 (C)
Public and Civic Uses
Colleges and universities - - C C 154.012 (B) (2),
154.303 (A)
Community service - C C C 154.012 (B) (2)
Day care center C C C C 154.012 (B) (2)
Schools, public and private - - C C 154.012 (B) (2),
154.303 (A)
LC CC C BP Standard
Public assembly - - C C 154.012 (B) (2)
Religious institutions - - C - 154.012 (B) (2),
154.303 (N)
Services
Business services P P P P 154.012 (B) (3)
Business center P P P P 154.012 (B) (3)
Offices P P P P 154.012 (B) (3)
Commercial kennel - - C -
Communication services C C P P 154.012 (B) (3)
Educational services P P P P 154.012 (B) (3),
154.303 (A)
Financial institution P P P P 154.012 (B) (3)
7
Funeral home - C P - 154.012 (B) (3)
Lodging - - P C*
154.012 (B) (3),
154.302 (D), *154.554
(C)
Medical facility - - C C 154.012 (B) (3),
154.303 (B)
Membership organization P P P - 154.012 (B) (3)
Nursing and personal care C C C - 154.012 (B) (3),
154.303 (C)
Personal services P P P - 154.012 (B) (3)
Services
Repair and maintenance shop - - P - 154.554 (D)
Self-service storage - - C C 154.303 (D)
Trade shop - - P - 154.554 (E)
Transportation services - - - C 154.012 (B) (3)
Veterinary services P P P C 154.554 (F)
Food Services
Standard restaurant - P P C* 154.012 (B) (4),
154.554 (L)
Drive-in restaurant - C C - 154.304 (A)
Drinking & entertainment - C P - 154.304 (B)
Fast food restaurant - P P C* *154.554 (M)
Sales of Merchandise
General retail sales1 C P P C* 154.554 (N)
Building supplies sales - - C -
Warehouse club sales - - C -
Furniture and appliance sales - - P -
LC CC C BP Standard
Grocery, supermarket - - P -
Liquor store - P P -
Garden center - - P - 154.554 (G)
Neighborhood convenience store - P P -
Shopping center - P P -
Sales of Merchandise
Wholesaling - - P -
Automotive/Vehicular Uses
8
Automobile maintenance service - - C - 154.554 (H)
Automobile parts/supply - - P - 154.554 (H)
Car wash - - C - 154.012 (B) (6)
Commercial vehicle repair - - - - 154.554 (H)
Gasoline station - C C - 154.305 (B)
Parking facility - - C* C *154.554 (I)
Sales and storage lots - - C - 154.305 (C)
Outdoor Recreation
Campgrounds and trailering - - - -
Golf course - - - -
Marina - - - -
Outdoor entertainment - - - -
Outdoor recreation facility - - C - 154.306 (C)
Parks and open areas P P P P 154.012 (B) (7)
Restricted recreation - - - -
Indoor Recreation/Entertainment
Adult establishment - - - C Chapter 113
Indoor athletic facility - C P C 154.307 (A)
Indoor Recreation/Entertainment
Indoor recreation - - C - 154.307 (A)
Agricultural and Related Uses
Agricultural sales business - I P - 154.012 (B) (9)
Agricultural services - - C - 154.012 (B) (9)
LC CC C BP Standard
Agricultural support - - C - 154.012 (B) (9)
Greenhouses - non retail - - - - 154.012 (B) (9)
Wayside stand P P P P 154.012 (B) (9)
Industrial and Extractive Uses
Heavy industrial - - - -
Landfill - - - -
Light industrial - - - C 154.012 (B) (10)
Non-production industrial - - - C 154.554 (J)
Motor freight and warehousing - - - C 154.012 (B) (10)
Research and testing - - - C 154.012 (B) (10)
Resource extraction - - - - 154.012 (B) (10)
9
Salvage/recyclable center - - - - 154.012 (B) (10)
Transportation and Communications
Broadcasting and communications C C C C 154.012 (B) (11),
154.083
Accessory Uses
Bed and breakfast - - - P* - *154.310 (A)
Drive-through facility - C C - 154.304 (A)
Family day care - - - - 154.012 (B) (12)
Group family day care - - - - 154.012 (B) (12)
Home occupation - - - - 154.012 (B) (12)
Parking facility C C P* P *154.554 (I)
Outdoor storage - - C -
Outdoor display - - C -
Solar equipment P P P P 154.310 (C)
Other structures typically incidental and clearly
subordinate to permitted use P P P P
SECTION 6. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article IX: Specific Development Standards; Section 154.310: Standards for
Accessory Uses, by amending the following:
A. Bed and Breakfast.
1. The use of a bed and breakfast is not permitted unless the city issues a permit for that
specific property. The permit will be valid for two years. A permit for a bed and breakfast
will only be issued if :
a. The facility shall be is located in a single-family detached dwelling.
b. The number of lodging rooms in any building shall does not exceed five (5)
unless in the opinion of the Planning Commission and City Council conditions
warrant additional rooms. If the proposed number of lodging rooms in any
building exceeds five (5), a conditional use permit shall be required.
c. The facility meets parking requirements as set forth by Table 5-2 of Section
154.210.
d. Notices have been mailed to all homes within 150 feet of the applicant’s property
lines.
i. If there are objections received within 10 days of mailing the notices, then
the permit application must be considered by the City Council.
ii. If there are no objections received within 10 days of mailing the notices,
then the permit application will be processed by city staff. It will not be
referred to the City Council for consideration.
2. The facility shall maintain a guest register open to inspection by the City upon request.
3. Guest stays shall be limited to seven (7) days.
4. The applicant shall meet all applicable government regulations.
10
5. The operator shall carry liability insurance, and shall provide proof of such insurance to
the City upon request.
6. Permits are non-transferable and do not run with the land.
7. A permit constitutes a limited license granted to the property owner by the city and in
no way creates a vested zoning right.
8. By signing the permit, the applicant of the bed and breakfast permit acknowledges
that he or she shall defend and indemnify the city against any and all claims arising
out of operating a bed and breakfast.
9. Bed and breakfast permit fees shall be as established by the city council.
SECTION 7. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article IX: Specific Development Standards; Section 154.012: Zoning Types
and Classifications; Subd. 12, by amending the following:
Bed and Breakfast. A private, owner-occupied residence that contains no more than five (5)
guestrooms where lodging, with or without meals, is provided for compensation. For purposes of this
definition, “owner-occupied residence” shall mean a residence within which a person lives for six
months plus a day during a calendar year.
SECTION 8. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 9. Adoption Date. This Ordinance 08-197 was adopted on this ______ day of ___
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-197 was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-200
AN ORDINANCE ADOPTING A 2018 FEE SCHEDULE FOR THE CITY OF LAKE
ELMO
The City Council of the City of Lake Elmo ordains:
SECTION I. Schedule Adopted. The attached fee schedule is hereby adopted.
SECTION II. Not Codified. This ordinance is transitory in nature and shall not be codified in the
City Code. This ordinance and the fee schedule established hereby shall be placed on file and
available for public inspection at City Hall.
SECTION III. Effect. The fees set out in the attached fee schedule apply notwithstanding any
other fees the City has established which may be inconsistent. Any other fees imposed by the City
which do not appear on the attached fee schedule remain in full force and effect.
SECTION IV. Effective Date. This ordinance shall become effective for all billings rendered
after adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION V. Adoption Date. This Ordinance No. 08-200 was adopted on this 7th day of
February, 2018, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance was published on the day of , 2018.
City of Lake Elmo - 2018 Fee Schedule
1
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Amateur Radio Antenna $875.00 Planning
Appeal (to Board of Adjustment and Appeals)$250.00 Administration
Bed and Breakfast Permit Fee $100.00 Planning
Bee Keeping Permit $25.00 Valid for 2 years from issuance Administration
Building Regulations * State Sur Charge Collected per MN Statute 326B.148 on all
permits Building
Building Permit Fee Schedule
Total Valuation
$1.00 to $500.00 $29.50 Building
$501.00 to $2,000.00 Building
$2,001.00 to $25,000.00 Building
$25,001.00 to $50,000.00 Building
$50,001.00 to $100,000.00 Building
$100,001.00 to $500,000.00 Building
$500,001.00 to $1,000,000.00 Building
$1,000,001.00 and up Building
Planning and Zoning Compliance Review and Verification $100.00 Building
Plan Review Fee 65% of building permit fee Building
Plan review for similar plans 25% of normal building permit fee (MN Rules 1300.0160 subp. 5)Building
Single Family Decks Fee based on Valuation Building
Single Family Residential Basement Finish Fee Based on Valuation Building
Swimming Pool In-Ground $150.00 Building
Swimming Pool Above-Ground $75.00 Building
Reinspection Fee $75.00 Building
Inspection outside normal business hours $120.00 per hour - 2 hour minimum Building
Investigation fee - work started without required permit Equal to permit fee amount Building
Replace Inspection Record Card $25.00 Building
Additional Plan Review required by changes, addendum or
revisions to plans $75.00 per hour, one hour minimum Building
$3,886.65 for the first $500,000.00 + $5.50 for each additional $1,000.00, or fraction
thereof, to and including $1,000,000.00.
$6,636.65 for the first $1,000,000.00 + $4.50 for each additional $1,000.00, or fraction
thereof.
$28.00 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to
and including $2,000.00.
$83.50 for the first $2,000.00 + $16.55 for each additional $1,000.00, or fraction thereof, to
and including $25,000.00.
$464.15 for the first $25,000.00 + $12.00 for each additional $1,000.00, or fraction thereof,
to and including $50,000.00.
$764.15 for the first $50,000.00 + $8.45 for each additional $1,000.00, or fraction thereof,
to and including $100,000.00.
$1,186.65 for the first $100,000.00 + $6.75 for each additional $1,000.00, or fraction
thereof, to and including $500,000.00.
City of Lake Elmo - 2018 Fee Schedule
2
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Building Demolition - Residential $200.00 Building
Building Demolition - Commercial $300.00 Building
Fuel Tank Removal (Underground)$250.00 Building
Fuel Tank Installation 2% Value of the work Building
Roofing - Residential Fee Based on Valuation Building
Roofing - Commercial Fee Based on Valuation Building
Siding - Residential Fee Based on Valuation Building
Siding - Commercial Fee Based on Valuation Building
Retaining Walls over 4'Fee Based on Valuation Building
Commercial Plumbing $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building
Residential Plumbing $60.00 per Unit, max fee $180.00 Building
Sewer Service Installation Inspection $60.00 Building
Water Service Installation Inspection $60.00 Building
Sewer & Water Service Installation Inspection when completed
together $60.00 Building
Investigation fee - Plumbing work started without required
permit Equal to permit fee amount Building
Commercial HVAC $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building
Residential HVAC $60.00 per Unit, max fee $180.00 Building
Fireplace Installation $60 per unit Building
Investigation fee - HVAC work started without required permit Equal to permit fee amount Building
Manufactured Home Move In $200.00 Building
Manufactured Home Move Out $200.00 Building
Moving House or Primary Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building
Moving Accessory Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building
Automatic Fire Extinguishing Systems 2% Value, $100.00 minimum Building
Investigation fee - Fire Suppression work started without
required permit Equal to permit fee amount Building
Fire Alarm Systems 2% Value, $100.00 minimum Building
Investigation fee - Fire Alarm work started without required
permit Equal to permit fee amount Building
Annual Retail Consumer Fireworks (retailers only selling
fireworks)$350.00 Building
Annual Retail Consumer Fireworks (all other retailers)$100.00 Building
Outdoor Public Fireworks Display $150.00 Building
City of Lake Elmo - 2018 Fee Schedule
3
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Residential Day Care Inspections $50.00 Building
Residential Adult Care/Foster Care/Adoption Inspections $50.00 Building
Escrow Administration Fee $100.00 Building
New Single Family Dwelling Construction Escrow $2,000.00 Building
Two or more dwelling units per building Construction Escrow $1,000.00 per unit Building
Commercial/Industrial and Other structures $5,000.00 or amount detrmined by the Building Official Building
Burning Permit Fire
Residential $45.00 Fire
Commercial $80.00 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 $25.00 Initial permit expires on 12/31 of 2nd year.Administration
Comprehensive Plan Amendment $1,300.00 Land Use Escrow $2500 Planning
Conditional Use Permit (CUP) Planning
New $1,050.00 Planning
Amended $500.00 Planning
Contractor License Fees Licensing
Driveway $50.00 Licensing
Solid Waste Hauler $120.00 Licensing
Copy Services (Paper/Electronic)Administration
Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost of production Administration
Copies (Color)$0.50 per page 100 pages or more are charged at actual cost of production Administration
Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production Administration
Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production Administration
Data DVD Fee $15.00 Administration
GIS Scaled Aerial $25.00 Administration
Existing Maps $5.00 Administration
Custom (Per Hour Rate)$70.00 Administration
Plan Size Maps (Larger than 11x17)$15.00 Administration
Development Standards Specs/Details $55.00 Administration
Video reproduction $10.00 Administration
Culverts in Developments with Rural Section $160.00 Administration
Dog License- altered $20.00 Licensing
Dog License- unaltered $25.00 Licensing
Dog License- late fee $2.50 per month Maximum $10 Licensing
Wireless Communication Facilities Fee Escrow $6,000.00. Flood
Plain Ordinance Fee Escrow $500.00 Land Use Escrow $2500
City of Lake Elmo - 2018 Fee Schedule
4
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Service Dog License No Charge Licensing
Dog - duplicate license or tag $1.00 Licensing
Dog and Cat Impound fees
First Impound- Unlicensed Dog $60.00 Licensing
First Impound- Licensed Dog $42.00 Licensing
First Impound- Cat $42.00 Licensing
Subsequent dog/ cat impound $85.00 Licensing
Driveway Planning
Residential $70.00 Planning
Commercial $160.00 Planning
Easement Encroachment $100.00 Staff & Recording Fee Planning
Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration
Environmental Review (EAW/EIS)$1,500.00 $2,500 Land Use escrow
Village Area AUAR Fee $230.00
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)$50.00 per hour $5,000.00 Security Building
Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00 Security $500.00 Building
Excavating & Grading ≥ 400 cubic yards/acre of site area $500.00 $500.00 fee escrow. Plus Security as Determined by the Planning
Department Engineering
False Alarms (12 Month Period)* (*1-3 no charge)Fire
Residential Fire
4-6 False Alarms $110.00 Fire
In Excess of 6 False Alarms $185.00 Fire
Commercial Fire
4-6 False Alarms $315.00 Fire
In Excess of 6 False Alarms $520.00 Fire
Flood Plain District Delineation $500.00 Planning
Interim Use Permit (IUP)
Fee $1,050.00 $2,500.00 Escrow Planning
Renewal $300.00 Planning
All Impound Fees plus $20/day Boarding Fee
City of Lake Elmo - 2018 Fee Schedule
5
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Liquor License Licensing
Club On-Sale Intoxicating $100.00 Licensing
On-Sale Intoxicating $1,500.00 Licensing
Off-Sale Intoxicating $200.00 Licensing
Off-Sale Non-Intoxicating $150.00 Licensing
On-Sale Intoxicating- 2nd Building $750.00 Licensing
On-Sale Non-Intoxicating $100.00 Licensing
Investigation $350.00 Licensing
On-Sale Sunday Intoxicating $200.00 Licensing
Temporary Intoxicating $25.00 Licensing
Wine $300.00 Licensing
Lot Line Adjustment $325.00 None Planning
Massage Therapy Premises License Licensing
Application Fee $100.00 Fee includes one Therapist Licensing
Investigation Fee $100.00 Licensing
Massage Therapy Practitioner License Licensing
Application Fee $50.00 Licensing
Investigation Fee $25.00 Licensing
Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Licensing
Massage Therapy Practitioner License Renewal $25.00 Licensing
Massage Therapy License Amendment $25.00 Licensing
Minor Subdivision $525.00 $1,000.00 escrow Planning
Park Dedication Planning
Residential - Up to three lots $3,600.00 per lot Four or more lots per §153.14 Planning
Commercial $4,500.00 per acre Planning
Parking Lots Planning
Commercial $200.00 $500 Fee Escrow. Plus Security as Determined by the Planning
Department Planning
Platting
Sketch Plan Review (Subdivision)$500.00 $3,500 Fee Escrow Planning
Preliminary Plat (Subdivision)$1,850.00 $10,000 Fee Escrow Planning
Final Plat (Subdivision)$1,250.00 $8,000 Fee Escrow Planning
Planned Unit Development Planning
General Concept Plan $1,250.00 $7,500 Fee Escrow (Waive Subdivision Escrow)Planning
Development Stage Plan $1,850.00 $10,000 Fee Escrow (Waive Subdivision Escrow)Planning
City of Lake Elmo - 2018 Fee Schedule
6
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Final Plat $1,250.00
$8,000 Fee Escrow (Waive Subdivision Escrow) and (City will
retain escrows to reimburse review costs for each stage of
Development)Planning
Private Roads (Permitted only in AG zone)$150.00 Planning
Restictive Soils and Wetland Restoration Protection and
Preservation Permit $800.00 Planning
Returned Check (NSF)$25.00 Administration
Right-of-Way Permit
Annual Registration $200.00 $5,000 Security Engineering
Excavation Permit $275.00 + $.60/foot Engineering
Joint Trench Permit (per lot per utility)$275.00 + $.60/foot Engineering
Obstruction Permit $275.00 Engineering
Small Wireless Permit Fee $275.00 Engineering
Permit Extension $100.00 Engineering
Delay Penalty (per calendar day)$25.00 Engineering
SAC Charge (City) (Sewer Availability Charge)$3,000.00
Per REC Unit: collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures.Engineering
SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 Per REC Unit: $2,485 to Met Council at time of connection.Engineering
Sewer Connection Charge $1,000.00
Per REC Unit collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures.Engineering
Sewer Lateral Benefit Charge $11,300.00 Per REC Unit connecting to a Trunk Sewer Main and that has
never been assessed Engineering
Sewer Base Charge - Residential - Non 201 Off Site $53.03 per quarter Allowance of 10,000 gallons (10 Units) per quarter Administration
Sewer Rate $4.55/1,000 Gal Administration
201 Off-Site Maintenance Fee $75.75/unit/quarter Administration
Real Estate Searches $15.00/Search For special assessment or utility search Administration
Signs - Permanent $180.00 Planning
Signs - Temporary $75.00 Planning
Temporary Renewal $25.00 Planning
Re-inspection Fee $25.00 Planning
Special Event Permit $75.00 City must be listed as additional insured Planning
Surface Water Administration
Residential $55.00 Administration
Non-Residential (Commercial etc.)$55.00 Utility rate factor per code Administration
Review Fee $137.50 $82.50 Review/$55 Storm Water Fund Administration
City of Lake Elmo - 2018 Fee Schedule
7
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Vacations (Streets or Easements)Planning
Easements $515.00 $500 Fee Escrow Planning
Streets $515.00 $500 Fee Escrow Planning
Variance $750.00 $500 Fee Escrow Planning
Shoreland Variance $1,500.00 $500 Fee Escrow Planning
Water Availability Charge (WAC)$3,000.00
Per REC Unit; collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures. Engineering
Water Connection Charge $1,000.00
Per REC Unit, collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures. Administration
Water Equipment/Set up Administration
Meter (3/4" or less)$360.50 Administration
Driveway Curb Stop Lid $103.00 Administration
Disconnect Service $82.40 Administration
Reconnect Service $82.40 Administration
Water Lateral Benefit Charge $5,800.00 Per REC Unit connecting to a Trunk Water Main and that has
never been assessed Engineering
Water Usage Administration
Residential - Quarterly Base Rate $20.60 Base Administration
Residential - Plus Rate per 1,000 Gallons Administration
Plus Rate for 0-15,000 Gallons $2.06 Administration
Plus Rate for 15,001-30,000 Gallons $2.47 Administration
Plus Rate for 30,001-50,000 Gallons $2.97 Administration
Plus Rate for 50,001-80,000 Gallons $3.56 Administration
Plus Rate for 80,001 + Gallons $4.27 Administration
Water Usage Administration
Commercial - Quarterly Rate $25.75 Base Administration
Commercial - Plus Rate Per 1,000 Gallons Administration
Plus Rate for 0 - 15,000 Gallons $3.20 Administration
Plus Rate for 15,001 - 30,000 Gallons $3.36 Administration
Plus Rate for 30,001 - 50,000 Gallon $3.88 Administration
Plus Rate for 50,001 - 80,000 Gallons $5.15 Administration
Plus Rate for 80,001 + Gallons $6.83 Administration
Water Usage Administration
Hotel / Motel - Quarterly Rate $25.75 Base For metered non-irrigation (domestic) consumption Administration
Hotel / Motel - Plus Rate Per 1,000 Gallons Administration
Additional fees apply to larger sized meters
City of Lake Elmo - 2018 Fee Schedule
8
APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Plus Rate for 0 -30,000 Gallons $3.20 Administration
Plus Rate for 30,001 - 50,000 Gallons $3.36 Administration
Plus Rate for 50,001 + Gallons $4.12 Administration
Water Usage Delinquent Accounts Administration
Regular 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County
for collection with taxes Administration
Storm Water 10% per year Plus $25.00 or 8%, whichever is greater, if certified to County
for collection with taxes Administration
Bulk Water Purchase Administration
Water from Hydrant $103.00 minimum Plus $3.36/additional 1,000 gallons Administration
Wind Generator $850.00 $2,000 Fee Escrow Planning
Wireless Communication Permit $500.00 $6,000 Fee Escrow Planning
Zoning Amendment (Text or Map)$1,245.00 $2,500 Escrow Planning
Zoning Certification Letter $25.00 Planning
Zoning Permit - Certificate of Zoning Compliance Planning
Accessory Structures < 200 SF $75.00 Planning
Fence (less than 6')$75.00 Planning
Other $75.00
Definition of Terms
Adopted by City Council - 12-5-17
**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.
*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.
CITY OF LAKE ELMO
COUNTY OF
WASHINGTON STATE OF
MINNESOTA
RESOLUTION NO. 2018-014
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08- AND
ORDINANCE 08- BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-197,
an ordinance amending the City Code of Ordinances and Ordinance 08-200, an ordinance
amending the City’s Fee Schedule; and
WHEREAS, the Ordinances are lengthy; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08- to be published in the
official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-197 and Ordinance
No. 08-200, which amend the Lake Elmo City Code of Ordinances by:
• Amending Sections 154.401; 154.451; 154.401; and 154.551 of the Chapter 154: Zoning
Code by allowing bed and breakfasts as a permitted accessory use within the RT – Rural
Development Transitional; A – Agricultural; RR – Rural Residential; GCC – Golf Course
Community; LDR – Low Density Urban Residential; MDR – Medium Density Urban
Residential; HDR – High Density Urban Residential; V-LDR – Village Low Density
Urban Residential; VMX – Village Mixed Use; and C – Commercial zoning districts.
• Amending Section 154.310 of Chapter 154: Zoning Code, by requiring a bed and
breakfast permit with certain requirements.
• Amending Section 154.012, Subd. 12 of Chapter 154: Zoning Code by defining owner-
occupied residence.
• Amending the City’s 2018 Fee Schedule by adding a Bed and Breakfast Permit fee of
$100.
The full text of Ordinance No. 08-197 and Ordinance No. 08-200 is available for inspection at
Lake Elmo city hall during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy
be placed for public inspection at the Lake Elmo Public Library.
Dated: February 7, 2018.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.