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HomeMy WebLinkAbout08-28-2006 Planning Commission PacketUR IN LAKE City of Lake Elmo ELM 0 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 A. 710 Www.LakeElmo.Ora NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, August 28, 2006, at 7:00 p.m. AGENDA 1. Agenda Approval 2. Minutes POSTPONED 3. PUBLIC HEARING Variance -Second Accessory Building: 11459 60th Street North 4. Zoning Ordinance 5. City Council Update 6. Adjourn LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: August 24, 2007 for the Meeting of August 28, 2005 Applicant: Richard & Eileen Bergman Location: 11459 60`h Street North Requested Action: Variance to Allow a Second Accessory Building Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: The history of these sites is both lengthy (filling nearly 4 inches of City file space) and complex — nearly defying description. It appears that the farmstead site, including the home and the barn, were what was referred to as the John Cody Farm prior to 1977. The farm is reported by 1977 City Council Minutes as 48 acres in area. It may have been much larger at some earlier point. During 1977/1978 Rossow (who had purchased the Cody Farm) applied for and received approval of a plat to create 9 five acre lots, with the balance of the Cody Farm apparently street right-of-way for a cul-de-sac that would access directly to Highway 36. There apparently was also some zoning action regarding some or all of the lot — likely rezoning to commercial from AG. Apparently the developer never followed through with the recording of the plat or the construction of plat improvements, and was advised by the City in 1984 that the plat approval was voided. City files also refer to litigation whereby the Court apparently voided some zoning action involving the property. It therefore appear that, by 1984, the original developers had no approvals valid for the 1978 plat that included this site. Nothing appears in City files regarding this site until 1991, where it appears a title issue arises with the house on the subject site. It appears that the developer had sold the house on 2 acres by unrecorded Contract for Deed prior to the 1978 plat when this area was zoned for a minimum 5 acres. During the later platting process an additional 3 acres was added to the house site to make it legal. Even with the added 3 acres, however, the barn was still not on the 5 acres conveyed. While we can locate no building permit records, a pole building of approximately 800 square feet area was constructed (likely without a permit) within the 5 acres that had been sold with the house prior to the applicants purchasing the property (appears on the 2000 air photo). Recently the Bergmans (applicant) acquired the entire Rossow holdings (failed plat) and the house/pole barn on the 5 acres. A portion the remaining Rossow land was subsequently included in the Sanctuary plat as Outlot E — subject to a Conservation Easement or the Minnesota Land Trust. Discussion and Analysis: The applicants desire to adjust the lot line between the 5 acre house site and their adjoining land to increase the 5 acre site sufficiently easterly to include the barn structure that was detached by earlier Rossow land sale (that created the 5 acre site). By that land sale back in the late 1970's not only did Rossow create what is now a non -conforming lot (but was not then — at least after the "extra" three acres was added), but also created an adjoining parcel that contained an accessory structure (the old barn) on a parcel that had no principal structure. No RR zoned parcel may have more than one accessory structure, and that single structure may not exceed 2,500 square feet in area. Any Lot Line Adjustment (administrative) to accomplish the applicants' proposal would result in a second accessory structure on an RR zoned parcel. In addition, the sum area of the two accessory structures that would result from the Lot Line Adjustment to include the barn on the 5 acre parcel would appear to slightly exceed 2,500 square feet. In considering the variance applied for staff notes that two existing non -conformities would be eliminated or reduced in scale: 1. By adding the land area that includes the barn to the 5 acre parcel, that parcel would become 6.33 acres in area. While the resulting parcel would remain non -conforming in the RR zone (10 acre minimum), it would be less non -conforming. Reducing the parcel on which the barn now is located by 1.33 acres will not make that parcel non -conforming by area. 2. By placing the barn on the same parcel as the house, the non -conformity of an accessory structure on a parcel without a principal structure will be eliminated. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties 3. Granting of the variances will not change the essential character of the neighborhood.. The two accessory structures already exist. Based on the foregoing staff recommends approval of the requested variance subject to approval of a Lot Line Adjustment or Minor Subdivision, or a waiver of platting by the City Council to create the new parcel that would contain the house and the two accessory structures. Planning Commission Actions Requested: Motion to recommend approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the Fi as and subject to the condition specified by the August 24, 2006 Planning Staff Report.( r % Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicants' Graphics p ci g Location Map Highway 36 Site T32N T31N T3ON T29N 1128N T27N it2IW 1•120W R19W T32N T31N N T29N 7211b1 T27N 1222V, 122IW VOW Vicinity Map 0 1200 . . . . . Scale in Feet This drawing is the result of a compilehon and reproduction of lend worts as they appear in various Washington Cool* Deices The drawing should be used for reference purposes only. Washington County is not responsible for any Inaccuracies Source: Washing. County Surveyors Office. Phone (651) 430-6875 Parcel data based on AS400 Inlormallon 36-035,2134-0001 A:�:A MGR Parcel B Parcel A 1.33 Acres (5 Acres Existing) Added PER ROC 307.31P 20 WIPE GRAM/ ...WENT me SUBJECT TO NORRIEM NATURAL .3AS COMPANY PIPELINE ...WEIR PEP ROOK NB REAPS PAGE AN PARSPECIRED LOCATION, EASEMENT PEG PA 317 DEEDS PG AAA SOH STREET NORTH AGGRO raw CITY_OF GRAD CITY OF LAKE EL STATE HIGHWAY 36 ST. CRO]X'S HARM LAMPE, PEP BP VG DEEDS POW, CONSERVATOR EASEIAEPT vau TAM raewwr PER ao m, PEP ROCAS,. A. ST. CROIX'S ooPRIANAGP.s ` va ,ruE i Location Map R2IW R2OW 1(19W T32N�W � T32N T31N T31N T30N 1'_9N 129N T25N TT_SN T27N s7 T27N 1222W IL21W R2OW Vicinity Map 400 Scale in Feet This drawing is the result of a compilation and reproduction of land records as they appear In venous Washington County offices. The drawing should be used for retarence 'imposes only. Washington County is not tesponstble for any inaccuracies. Source: Washington County Surveyors Plaice. Phone (BSI 4306675 Parcel data based on AS400 intonation R2IW R20W RI9W T29N T29N T28N T28N T27N i T27N Vicinity Map 0 100 Scale in Feet This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used tar reference purposes only. Washington County is nal responsible for any inaccuracies. Source: Washington County Surveyors office Phone (651)430-6075 Parcel data based on A5400 Information 1 50 YW z aw ga Oa ¢� Q (0UW 74 C9 a F N U ZOO zW W L IJ W n N CL ZWzO W LLWd' oaa 50 I441 Ln O7 co 0 0 0 Z N89°47'33"E 431.04' N1/4 CORNER SEC.1, T29, R21 CAST IRON MONU. 8 CERTIFICATE OF SURVEY f N89°47'30"E 306.57' N89°47'30"E 660.16' 99 S89°47'30"W 353.59' W MINNESO IT_ ST WY NO. 36 2N N o N HWY R/W EASEMENT PER r d. BOOK 275 DEEDS W PAGES 497-526 1 in o Ln CD 0 T O 0) rn �o O co \\ —T — R=197.62' A=333.51' D=96°41'43" S89°45'35"W 220.67' S89°45''35"W 257.62' ` v N89°45'35"E 739.27' N89°45'35"E 535.16' SOUTH RIGHT OF WAY LINEIHWY. 36 RICHARD & EILEEN BERGMANN PROPERTY I PARCEL A 275620.82 SqFt 6.33 Acres S83°17'40"W 318.69' I S83°20'18"W 323.13 0 I hereby certify that this survey was prepared by me or under 1 my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 3rd day of August, 2006. P J Land Surveying, LLC fa-,7 Paul A. Johns Land Survey ' inn. Lic. No. 10938 BARN cD - toI co 45'35"W 1� 78.54' 452 225 FT WIDE NSP CO. EASEMENT PER BOOK 292 DEEDS PAGE 589 PREPARED BY: P J LAND SURVEYING, LLC 12510 MCKUSICK ROAD NORTH STILLWATER, MN 55082 PHONE 651/439-9743 FAX 651/351-7253 PREPARED FOR: RICHARD AND EILEEN BERGMANN 5500 LAKE ELMO AVE. NORTH LAKE ELMO, MN 55042 PHONE 651/439-5999 0D SO°19'54"E 292.32' S89°45'35"W 557.70' POB A NORTHWESTERLY CORNER OF OUTLOT E, ST. CROIX'S SANCTUARY w 1- 0 J O- fY U < 0� W ()) Z Z r▪ Q J (7) U1• X Q :n O O Northeast corner of the W1/2 of the Northwest Quarter of the Northeast Quarter of Sec. 1, T29, R21 N89°47'30"E 660.17' / SOUTH RIGHT OF WAY LINE HWY. 36 NSP CO. EASEMENT PER BOOK 82 DEEDS PAGE 128 PARTIALLY RELEASED IN BOOK 237, PAGE 309 FILED MARCH 28, 1961 EAST LINE OF THE W1/2 OF NW1/4 OF NE1/4 0 100' CO 200' PARCEL A All that part of the Northeast Quarter of the Northwest Quarter anb all that part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described together as follows: 1 Beginning at a northwesterly corner of Outlot E, St. Croix's Sancttl ary, according to the recorded plat, Washington County, Minnesota, said point being on the southerly) right of way line of Minnesota State Highway No. 36; thence South 0 degrees 19 minutes 54 secondd East, along a westerly line of said Outlot E, a distance of 292.32 feet; thence South 61 degrees 31 minutes 55 seconds West, a distance of 142.39 feet; thence South 89 degrees 45 minutes 35 Seconds W st, a distance of 78.54 feet; thence South 83 degrees 17 minutes 40 seconds West, a distance of 31 69 feet; thence South 89 degrees 45 minutes 35 seconds West, a distance of 220.67 feet; thence Nort 0 degrees 00 minutes 32 seconds West a distance of 395.55 feet to the intersection of said souther) right of way line of Minnesota State Highway No. 36; thence North 89 degrees 45 minutes 35 second East along said southerly right of way line, a distance of 739.27 feet to the point of beginning, subject toleasements of record. Orientation of this bearing system is based on the recorded plat of St. Croix's Sanctwary. I I I SHEET 1 OF 1 Traverse PC MEMO (August 24, 2006 for the Meeting of August 28, 2006) To: Lake Elmo Planning Commission From: Kelli Matzek, Assistant Planner Subject: Zoning Code Rewrite — Part 5 (continuation of 4) This week I have 26 pages of code for your review. We will be discussing the following topics: • General Building and Performance Standards • General Yard, Lot Area and Building Regulations • Accessory Buildings, Structures, Uses The text with a single line through it is the existing Lake Elmo zoning text. As best I could, I placed the existing Lake Elmo code before the comparable proposed text. The rest of the language I have pulled from other city codes (Oak Park Heights and Plymouth primarily). Major changes from existing Lake Elmo code within the three topics for discussion: • The proposed text provides administrative approvals by the "Zoning Administrator" where currently the Lake Elmo Code does not. • The proposed code regarding accessory buildings, structures, and uses would increase restrictions from the existing code. At the meeting, I will hand out updated proposed zoning text thus far in the process for your three ring binders. We will also need to discuss how the Planning Commission would like to handle more robust topics for the zoning ordinance such as lighting and home occupations. The next meeting will be held on Wednesday, September 6`1' at 6:30 p.m. At that time we will be discussing the following topics: • Fencing, Screening, Landscaping • Off -Street Parking and Loading • Building Relocation DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 ZONING CODE (cont.) General Building and Performance Standards 154.220 Purpose 154.221 Dwelling Unit Restriction 154.222 Platted and Unplatted Property 154.223 Grading and Drainage 154.224 Traffic Sight Visibility 154.225 Outside Storage / Display 154.226 Common Open Space and Amenities 154.2&& RESERVED - Lighting, Glare Control, and Exterior Lighting Standards General Yard, Lot Area and Building Regulations 154.250 Purpose 154.251 Building Height Exceptions 154.252 Building Type and Construction 154.253 Yard Requirements 4 154.254 Efficiency Apartments 154.255 Minimum Lot Area Per Unit 154.256 Minimum Floor Area Per Dwelling Unit 154.257 Two Family, Townhouse, Manor Home, Multiple Family Uses 154.258 Single Family Dwellings Accessory Buildings, Uses and Equipment 154.270 Single Family Detached Uses 154.271 Accessory Uses 154.272 Garages with Alley Access 154.273 Size 154.274 Setbacks 154.275 Time of Construction 154.276 Building Materials 154.277 Trash Receptacles 154.278 Conditional Use Permits 154.279 Drive Through Business GENERAL BUILDING AND PERFORMANCE STANDARDS 154.220 PURPOSE. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. 154.221 DWELLING UNIT RESTRICTION. D-1 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (A) No model home, cellar, basement, garage, tent, play house, accessory building, recreational camping vehicle or similar structures shall at any time be used as living quarters, temporarily or permanently, except as may be approved in emergency cases by the Zoning Administrator or as an administrative peiiilit. (B) Tents, play houses or similar structures may be used for play or recreational purposes. (C) Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. (D) Energy conservation designs in housing, including earth sheltered residential dwellings, are not prohibited by this provision of the Ordinance, provided that a conditional use permit is approved by the City Council and the structure complies with standards imposed by the State and the Minnesota State Building Code. 325.08 Subdivision/Platting Provisions. Eubd. 1 Lc F&akal�?it;'- Each lot created through subdivision mu3t be iuitab e in it3 natux l state for the . 'rimal alto t-io- E'aitnb lit, analysis by the local unit of government cball_ consider suscep ibility to flooding, existence of wetlands, sc 1 and rock formations with severe 1 stations for development, severe erosion potential, oteep tepography, inadequate watee ouppi;' or sewage treatment pcb kti ear shoe aqtatie conditions unsuitable for vie, ation, important fiol; sand wildlife habitat, presence of signific h�toric sites, or any other feature of the natu l land likely to be Sul to the he lth ,for, el fa e ,f f,„�„ ident ,F tho e c,,l+ l; ,n of the City. Euhd. 2 N ttine. All subdivisiorro o'.x:llbo ix accordao vith the City'o pitting regulations and requirements. S'abd. 2 Consistency with Other Controls. 6ubdivisiano moot conform to all regulations for the City. A subdivision will not be approved where a later •,a.'k ce from one or more standards in official controls would be needed t6-use the lots For their inten I . o of s ea by publicl„ owned sewer and water syss, a subdivision wil not be approved urlsoo domestic watex cuppi;' k avaik.l-Ae and a sewage treatment system consistent with Fiactiions 325.06, of ohcM meet tho minimum lot size ad-dirxe,no onal requirements of Section 325.05, Cubd. 2 axd 3, including at least a filixtxxixx contiguous vegetative areu, that is free of linsith g factors sufficient for the construction of two standard sewage troatrsmt o;xstu' o. Lau that would require use of holding kanrc nx, at not be approved. Eubd. ^ J for ation Rexiuirements. D-2 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 efficient information must bo oubmitted-by-the-appliccant ityIkea deter :�l� tion of lard suitability. The information may include the following at the discretion of the City Planner or City Engineer: A. Topographic contain at 2 foot intervals or less, B. The surface water features required in Minnesota Statutes, Section 505.02, Subdivision 1, to be shown on plat3 obtained from United State Geological &ar;ey quadrangle topographic mho aoc'anate sources; "d'ecuate soils informatio to determino ouikbility for building and on site sewage treatment atiliti&s-fer-ever-y-let--f-rem-the-fnest-eufrent-e*ist-in-g-seufees-er-frem-fielfl ela invosigations such as soil borings, percolation tests or other methods. D. Information regarding adequacy of domestic water cupply; extent of anticipated b ono, it x'uding depths, egetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities; E. Location of 100 year flood p cin teas and flood way districts from existing adopted maps or data; and F. A line or contour representing the ordinary high water level, the "toe" and "top" of buff, and tho minimum ✓6ilding setback distances from the top of the bluff and the lake or stream. gubd. 5 Dedications. W#an a k d or easement dedication is a condition of subdivision approval, the appro f'c must provide easements ovc natural drainage or ponding areas for management of storm water and significant wetlands. &abd. 6 Controlled Access or Recreational Lots Lots intended as controlled accesses to pub;io waters or for recreational use areas for use by ntx ripcayaxx lots Nxc th&& a oubdivisim muot moot or exceed the sizing e'itNic kn Section 325.06. Subd. 2 md 3. 154.222 PLATTED AND UNPLA'II BD PROPERTY. (A) Any person desiring to improve property shall submit to the Building Official a registered survey and site plan of said premises and information on the location and dimension of existing and proposed buildings, location of easements within the property, encroachments, and any other information which may be necessary to evaluate conformance with City ordinances. D-3 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (B) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City and be in conformity with existing streets, adopted plans, and according to the system and standards employed by the City. (C) Substandard lots of record shall be governed by Section ## of this Ordinance. (D) On a through lot, both street lines shall be front lot lines for applying the yard and parking setback regulations of this Ordinance. In addition, no home on a through lot or corner lot in any residential zone shall maintain direct access to any arterial street designated as such by the Comprehensive Plan. (E) When a development is proposed which is to be located on two (2) or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or are required to accommodate the use, the lots shall be combined in accordance with the City's Subdivision Ordinance, prior to the issuing of a building permit. (F) Except as may be allowed pursuant to Section ##, when two (2) or more lots are located in the same zoning district, one (1) or more of which lack adequate area or dimensions to qualify for use under the current ordinance requirements and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by subdividing the property in accordance with the Subdivision Ordinance. (G) In the case of properties which abut street easements, applicable setbacks shall be determined by the Zoning Administrator and related to roadway classification as identified in the Lake Elmo Comprehensive Plan. (H) Outlots are deemed unbuildable and no building permit shall be issued for such properties, except that permits for fences may be issued. (I) Except as otherwise allowed by property subdivision, each lot shall have frontage and access directly onto an abutting, improved and City -accepted public street. An existing lot of record (vacant or for redevelopment) that does not have frontage and access directly onto an abutting, improved and City accepted public street shall require approval of a conditional use permit prior to issuance of any building permits. (J) No division of a parcel shall be made which leaves remaining any lot with frontage or area below the requirements stated in this Ordinance. 154.223 GRADING AND DRAINAGE. (A) No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties which is inconsistent with the grading and erosion control plan provisions of Section ## of the City Code. Such runoff shall be properly channeled into a storm drain, water course, D-4 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 ponding area, or other public facilities subject to the review and approval of the City Engineer. (B) In the case of all residential subdivisions, multiple family, public, institutional, and business developments, the grading and drainage plans shall be submitted to the City Engineer for review and the final drainage plan shall be subject to the City Engineer's written approval. In the case of such uses, no modification in grade and drainage flow through fill, erection of retaining walls or other such actions shall be allowed until such plans have been reviewed and received written approval from the City Engineer. (C) Except for written authorization of the City Engineer, the top of the foundation and garage floor of all structures shall be a minimum of eighteen (18) inches above the top of the curb of the abutting street upon which the property fronts and the driveway shall have a slope of not more than ten (10) percent. (D) Modifications which serve to alter the average and typical natural grade of an individual lot more than two (2) feet shall require the approval of the City Council. 96.03 PT UC NUISANCES AFFECTING PEACE AND SAFETY. (19) Obstruction of view of traffic. All trees, hedges, billboards, or other obotrua`.iens i c-11-prevent-taer-se e vg-a clearviewortfaf chtntemsee from cross stree o in ouffcient time to b,-ing otor vehicle driven at e smxblupeeel to a full stop before the intersection is reached; 154.224 TRAIi1-1C SIGHT VISIBILITY. Except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed between the height of three (3) feet and six (6) feet, measured from where both street, driveway, or railway center lines intersect within the triangle describes as beginning at the intersection of the projected curb line of two (2) intersecting streets or drives, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning along the other curb line (see attached drawing). The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than three (3) feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Ordinance unless the Zoning Administrator determines that such conditions are determined to constitute a safety hazard. D-5 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 Curb House 30 Feet 30 Feet Ghaptc 13 Municipal Regulations Section 1335 Publio Nuivan. 11. Juror. The-aocurk�ttion, storing, or kccpir; of old machinery, wrecked or inoperable vehicles or household appliances and unlicensed vehicles and other junk c dobzis. Fer purposes of this sectia- arty pzoonal property stored in violation of the provision of Subsection 1310 regulating exterior storagG, ohcll be deemed junk. Ghaptcx 13 Municipal Roguk.tions Section 1310 Exterior Storage 1340.01 Exterior Ft(orage Defined. Exterior storago o uocd in thio oection, means the storage of b , manufaetumd products and 3 rnik.r items not fully enclosed in a Wilding. 1310.01 Prohibited Without Screening. Eubd. 1 Storing of Personal Property -p�oosa? pr. ith : a building or fully screenod so Do ne b �o a puNic streets, except for the following: 1. Laundry, drying 2. Recreational equipment commonly used in residential yards; 3. Construction and landscaping materiala, and eviprrnant currently { k1'S e period of six nx itho) being used on the premises; 1. Off st7W.. parking of licensed operable passenger automobiles and pick up trucks; 5. Boats and trailers less than twenty five (25) feet in length, if stored in the rear yard more than ten (10) feet distant from any property line. 6. Merchandise being displayed for sale in accordance with the provisions of the Zoning Orinaru&- 7. Farm imOx tints in the AG Zonirb Diotrict. Q. Firewood storage for personal use. Subd. 2 Frrkiting Uses Etristing usao shall eornply with the provisions of this section within a reasonable time, net -to exceed six (6) .,ths f rowing the o ct -,e t f this Codo i b D-6 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 1310.03 Non residential Diotri is conditional use permit provided any such property is so stored for purposes relating to a use of the property permitted by the Zoning Ordinanoo and will not be contrary to the intent and purpose of the Zoning Ordinance. 1340.01 ^ll Diotricts. Ir. 1 d tr cts, all refuao, rubb ah or garbage (as defined in ou✓ o ioii 1335.N) ohall be kept in an enclosed building or propay oantained in a eosed container designed for such purposes. The owner of vacant land ohall be resporxitk3 f b moo, rub& h or garbage. 1310.05 Unlicense Passenger Vehicles and Trucks Unlicm4d pnnocngcr vehitoa and trucks shall not be parked in residential districts for a period exceeding seven (7) days. 1310.06 Defining "Junk" All exterior storage not permitted by Subsection 1310.02 or ino uded no a permitted accessory uao, a permitted use, or inc uded ro part of a conditianal uao pemit, e otherwise permitted b7f the provisions of this Code, is defined ao "junk" .within the meaning of Subsecticx 1 Z5.02, gubd. 11 ("Junk") of this Code. 154.225 OUTSIDE STORAGE/DISPLAY. (A) General. (1) ``°Passenger automobiles and trucks not currently licensed by the State, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of ninety-six (96) hours, and all materials stored outside in violation of the City Ordinances are considered refuse or junk and shall be disposed of pursuant to City regulations. (2) Any accumulation of refuse not stored in containers which comply with City Code, or any accumulation of refuse including car parts which has remained on a property for more than one (1) week is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes and Section ft# of the City Code. The cost of abatement shall be recovered in accordance with the applicable provisions of Section ## of the City Code. (3) In all zoning districts, outside storage, including but not limited to equipment storage and the parking of vehicles, shall be prohibited as a principal use of property. (B) Residential Zoning Districts. D-7 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (1) Exceptions. 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: (a) Basketball hoop, provided it is set back at least six (6) feet from any lot line. (b) Stacked firewood for the burning supply of the property resident may be located in a side, rear, or equivalent yard. (c) Construction and landscaping materials or equipment, if these are used or intended for use on the premises within a period of three (3) months, unless there is an active building permit issued for improvements on the property. (d) Agricultural equipment and materials, if these are used or intended for use on the premises within a period of twelve (12) months. (e) Off-street parking of licensed passenger automobiles and personal or commercial vehicles of less than twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) in a designated driveway or parking area that is surfaced in compliance with Section ## of this Ordinance. (f) Recreational equipment. 300.13 Dt4g cam Performance Standards Restrictions an Nuio�sce and Hazardous zS c`iiitico Subd. 18 Recreation Vehicles B. A recreational vehick may sat h, p�thed on any land outside of an approved camping area an approved oal o lot, except that tha purkirig of one (1) unoccupied vehicle in an accessory private garage, building, or in the rear yard of a residential district is permitted provided that no livirig quarters shall be maintained or any business practiced in the trailer while it is so parked or stored. C. A recreational vehicle owned by a non resident, guest or visitor may be parked or occupied by the guest or visitor on property on which a permanent dwelling unit is located for a period not to exccod thiiy (30) days while visiting the resident of the property. The recreation vehicle cb&1 he is self contained curAary facilities or standard on cite facilities as required by the c x 'inity officia1kani+arkax. (g) Recreational vehicles and recreational camping vehicles, provided they are located in a side or rear yard, or in a designated driveway or parking area that is surfaced in compliance with Section ## of this Ordinance. (h) One non -vehicular ice -fishing house may be located in a rear or equivalent rear yard, provided it is set back at least six (6) feet from any lot line. D-8 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (C) Commercial, Public/Institutional and Industrial Zoning Districts. (1) Outside Storage/Display. Exterior storage and display shall be governed by the respective zoning district in which such use is located. (2) Additional Standards. All exterior storage shall be located in the rear or side yard, shall be screened with materials of 90 percent or more opacity, and shall screen views from adjoining properties and public streets except for the following: (a) Merchandise being displayed for sale in accordance with zoning district requirements. (b) Materials and equipment currently being used for construction on the premises. (3) Parking of Commercial Vehicles. Up to three (3) commercial vehicles such as delivery and service trucks up to twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) shall require screening in compliance with Section ## of this Ordinance. (D) All Zoning Districts. (1) Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City, and trailers parked in a designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise. (2) The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare. 154.226 COMMON OPEN SPACE AND AMENITIES. (A) Common private open spaces or amenities may be allowed as part of a PUD or property subdivision, or by conditional use permit subject to the provisions of this Ordinance. (B) Operating and Maintenance Requirements for Common Open Space and Amenities: Whenever common public open space or amenities are provided, provisions shall be made to assure the continued operation and maintenance of such open space or amenities to a predetermined reasonable standard. Common private open space and D-9 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 amenities may be placed under the ownership of one or more of the following, as approved by the City Council: (1) Landlord control, where only use by tenants is anticipated. (2) Property owners association, provided all of the following conditions are met: (a) Prior to the use, occupancy, sale or the execution of contracts for sale of individual buildings, units, lots, parcels, tracts or common areas, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Minnesota Statutes 515, Article 2 and a set of floor plans such as specified by Minnesota Statutes 515, Article 2-110 shall be filed with the City of Lake Elmo. Said filing with the City is to be made prior to the filings of said declaration or document or floor plans with the recording officers of the County. (b) The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, lots, parcels, or tracts shall subject said properties to the terms of said declaration. (c) The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing adequate private control. (d) The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Lake Elmo or fails to pay taxes or assessments on properties as they become due and in the event the said City of Lake Elmo incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Lake Elmo shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. (e) Membership must be mandatory for each owner, and any successive buyer. (f) The open space restrictions must be permanent and not for a limited period of years, unless specifically approved by the City. D-10 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 GENERAL YARD, LOT AREA AND BUILDING REGULATIONS 154.250 PURPOSE. This section identifies yard, lot area, building size, and building type and height requirements in each zoning district. L2 Isaght. Subd. 1 Maniraum Haight, A. Antony= opal not be located cxi atruo ur► o is oiicess of sixty five (65) feet in hcirght u:\Las the struo u o are existing water towc u and the ant x o am only an accessory use on the water towers. B. No other structure shall exceed thirty five (35) feet in height including church o oo, belfries, cupolas and domes, monuments, chimneys, and smokestacks, flag poles, public fodlitioa, axozTt barno, oilos, and other fcr otctures, utility trA�rn--noion services, and kunaiaason towers of commercial broadoiting ovations. Subd. 2 Parapet Walls. Pa pot walla giall Not exceed more than four (1) feet above the height permitted of the b;.iilding 154.251 BUILDING HEIGHT EXCEPTIONS. (A) The building height limits established for each zoning district shall not apply to the following list of items, except that no such structural element may exceed forty- five (45) feet in total height or exceed the maximum height of the building by more than five (5) feet, whichever is greater, except by conditional use peiiiut. (1) Belfries. (2) Chimneys or flues. (3) Church spires. (4) Cooling towers. (5) Cupolas and domes which do not contain useable space. (6) Elevator penthouses. (7) Flag poles. (8) Monuments. D-11 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (9) Parapet walls extending not more than three (3) feet above the limiting height of the building. (10) Water towers. (11) Poles, towers and other structures for essential services. (12) Necessary mechanical and electrical appurtenances. (B) Height limitations for antenna support structures as set forth in Section ## of this Ordinance may be increased by conditional use peiuut. (C) Modifications to the topography of a lot may not be undertaken as a means of achieving increased building height, unless approved by the Zoning Administrator. (D) In the case of any proposal to construct or alter a structure which will exceed a height of two hundred (200) feet above ground level of the site, or any proposal to construct or alter a structure to a height of greater than an imaginary surface extending upward and outward at a slope of one hundred to one (100:1) from the nearest point of the nearest runway of a public airport, the applicant shall notify the Commissioner of the Minnesota Department of Transportation in writing of the plans at least thirty (30) days in advance of making applicable permit requests to the City. The applicant shall provide the Zoning Administrator with any comments received from the Commissioner of the Minnesota Department of Transportation as part of the required applicable permit request. This local reporting is in addition to any federal permitting and review processing which may be simultaneously required. BUILDING TYPE AND CONSTRUCTION. (A) General Provisions. (1) Except in association with farming activities or as allowed by this section, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district. (2) Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the adjacent properties or adversely impact the community's public health, safety and general welfare. (3) Exterior Building Finishes. (a) The exterior building facade finishes shall consist of materials comparable in grade and quality to the following: D-12 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 1. Brick. 2. Natural stone. 3. Decorative concrete block. 4. Cast in place concrete or pre -cast concrete panels. 5. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress. 6. Curtain wall panels of steel, fiberglass and aluminum (non-structural, non -load bearing), provided such panels are factory fabricated and finished with a durable non -fade surface and their fasteners are of a corrosion resistant design. 7. Glass curtain wall panels. 8. Stucco. 9. Vinyl. 10. Other materials determined as acceptable by the Zoning Administrator but not including galvanized or unfinished metal. (4) Pole Buildings. Except for farming operations, pole buildings shall not be allowed as a principal building or structure, except in highly unique or special cases as may be allowed by a conditional use permit. (B) Residential Districts. (1) Except in the FRD Zoning District, all accessory buildings in excess of one hundred twenty (120) square feet that are accessory to residential dwelling units shall be constructed with a design and materials consistent with the general character of the principal structure on the lot, except that glass solariums and greenhouses (attached or detached) shall be exempt from this provision. (2) Non-residential uses allowed in the residential districts may be allowed to have an all metal or fiberglass accessory building in excess of the one hundred twenty (120) square feet by conditional use permit, provided the building is located in the rear yard and is screened and landscaped from adjacent residentially zoned or used property and public rights -of -way in accordance with Section ## of this Ordinance. (C) Commercial and Public/Institutional Districts. (1) In business and P-I districts, any exposed metal or fiberglass finish shall be limited to fifty (50) percent of the surface of any building wall. Any metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The roof slope shall be limited to a maximum or minimum of one to twelve (1:12) slope. (D) Exceptions. Exceptions to the provisions of this section may be granted as a conditional use permit by the City Council, provided that: D-13 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (1) The proposed building maintains the quality and value intended by this Ordinance. (2) The proposed building is compatible and in harmony with other structures within the district and immediate geographic area. (3) The provisions of Section ## of this Ordinance are considered and the request is found to comply with these criteria. 300.10 Permitted Encroachments on Required Yards. The following olxaM be permitted encroachments into setback and h gt fequirmxmZ, oxcept as restricted by other sections of this chapter. Subd. 1 In Amy Yardo. Posts, off street open parking, flutes, leaders, 3i113, pilasters, lintels, cornices, eaves (up to three (3) feet), guttm, ce z ngo, open terracoa, oho, chimneys, flag poles, open fire escapes, sidewalks, fences, essential services exposed ramps (wheel), uncovered porches, stoops, or sir•. kar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five (5) feet from any lot line nor less than one (1) foot fr x y existing or proposed driveway; yard lights arxl na kate- gns; trees, ohrubo, p2rx-.ts, floodlights or other sources of light illur rx.ting authorized illunnlncted signs, or light otc lards fcx illumir`ating pafkiftg a.ax,, loading arvao, or yards for safety and security reasons, provided the direct source of light is not vio b --fro n thz public right of way or adjacent fesidcxitial property. Subd. 2 Side and Rox Yardo. Fences thirty percent (30%) opon; -malls and hedges six (6) foct in height or o, skiing an aroa of nv than thirty (30) oquare feet; fire escapes not to exceed a width of three (3) feet. Subd. 3 Corner Lots. Nothing shall be placed or allowed to grow in sue a rxanxix oo n eterially to impede vision between a height of two and one half (2 1/2) and ten (10) feet (100) feet of the intersection. Subd. Off Stree 9kkxg In no event s'xall off street per.-iti Dp 3e, structures of any type, buildings, or other improvements coves rnxL than seventy five percent (75%) of the lot -a-ma. In no evont shall the landscaped portion of the lot be loos then twenty five percent (25%) of the entire lot as a result of px-'ittod encroachments. In Shoreland areas, no more than one third (1/3) of lot areas be covered with improvements. D-14 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 154.253 YARD REQUIREMENTS. No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure. (A) The following shall not be considered as encroachments on yard setback requirements: (1) Cantilevers up to ten (10) feet in width, chimneys up to six (6) feet in width, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two (2) feet into a required yard. Window wells and their related covers shall not encroach in existing or required drainage or utility easements, unless approved by the City Engineer. (2) Uncovered terraces, steps, decks, patios, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure and to a distance less than five (5) feet from a side or rear lot line, or more than five (5) feet into a required front yard. No encroachment shall be permitted in existing or required drainage and utility easements unless approved by the City Engineer. (3) In rear yards, recreational and laundry drying equipment, private dog kennels, arbors and trellises, detached outdoor living rooms or gazebos not exceeding five hundred (500) square feet, and air conditioning or heating equipment not exceeding established state noise levels, provided they are set back five (5) feet from side lot lines, eight (8) feet from the rear lot line, and not located within a utility and/or drainage easement, or as permitted in Section ## of the shoreland regulations. No encroachment shall be permitted in existing or required drainage and utility easements unless approved by the City Engineer. (4) A one story, covered entrance for a detached single family, duplex or townhouse dwelling may extend into the front yard setback not exceeding four (4) feet subject to the approval of a conditional use permit. (5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met: (a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. D-15 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. (c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. (d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. (e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section ## (Traffic Sight Triangle) of this Ordinance. (f) The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. (B) Required Front Yard Setback Exceptions for New or Expanded Homes. In the case of single-family residential lots platted prior to the date of this Ordinance, the required front yard setback as established by the respective zoning districts may be reduced, upon the approval of the Zoning Administrator, to a distance equaling the average front yard setback of existing principal dwellings within the block in which the lot is located, provided that in no case shall this distance be less than fifteen (15) feet. (C) Corner Lots. Front yard requirements shall be observed on each street frontage of a corner lot. (D) Required Side or Rear Yard Reduction. A required yard on a lot may be reduced by a conditional use permit if the following conditions are met: (a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. (b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. (c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. (d) The reduction will not restrict sun access to the abutting lots. (e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 21105.05 of this Ordinance. 154.254 EFFICIENCY APARTMENTS. D-16 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple family dwelling shall not exceed ten (10) percent of the total number of apartments. In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed thirty (30) percent of the total number of apartments. 154.255 MINIMUM LOT AREA PER UNIT. The lot area per unit requirements for two family, townhouses, manor and multiple family developments shall be in accordance with applicable zoning district standards in which such uses are located. Lot area per unit requirements for planned unit developments shall be same as those imposed in the corresponding zoning district in which the use is customarily permitted. 154.256 MINIMUM FLOOR AREA PER DWELLING UNIT. (A) Single Family Dwelling Units in R-1 Zoning Districts. Living units classified as single family dwellings shall contain at a minimum, nine hundred sixty (960) square feet of floor area. (B) Other Dwelling Units. Except for elderly housing, all other dwellings shall have the following minimum floor areas per unit: Efficiency and One Bedroom Units Two Bedroom Units More than Two Bedroom Units 600 square feet 720 square feet An additional 100 square feet for each additional bedroom. (C) Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen) housing units shall have the following minimum floor area per unit: Efficiency Units One Bedroom 440 square feet 520 square feet 154.257 TWO FAMILY, TOWNHOUSE, MANOR HOME, MULTIPLE FAMILY USES. (A) No single townhouse or manor home structure shall contain more than fourteen (14) dwelling units. (B) Subdivision of Two Family or Townhouse Lots. The subdivision of base lots containing two family dwellings, or townhouses, to peiiiiit individual private ownership of a single dwelling unit within such a structure may be allowed upon the approval by the City. Approval of a subdivision request is contingent on the following requirements: D-17 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (1) Prior to a two family dwelling or townhouse subdivision, the base lot must meet all the requirements of the zoning district. (2) The lot area calculation for individually platted unit lots shall include the proportionate share of the surrounding base lot. (3) Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements. (4) A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for review and comment. The agreement shall ensure the maintenance and upkeep of the structure and lots to meet minimum City standards. The agreement is to be filed with the Washington County Recorder's Office as a deed restriction against the title of each unit lot. (5) Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the Zoning Administrator. (6) The subdivision is to be platted and recorded in conformance to the requirements of the Subdivision Ordinance of the City. (7) Minimum unit lot width for townhouses shall be not less than twenty (20) feet. (8) Requirements of the Minnesota State Building Code at the time of subdivision shall be complied with. (C) Subdivision of apartment dwelling structures, manor homes and other such units: (1) The subdivision is to be platted and recorded in conformance with the requirements of the Subdivision Ordinance of the City, as applicable. (2) The subdivision shall comply with applicable cooperative or condominium laws of the State of Minnesota. 154.258 SINGLE FAMILY DWELLINGS. All single-family detached homes shall comply with the following: (A) Foundation. Dwellings shall be constructed upon a continuous perimeter foundation, except that the following appurtenant structures may be placed upon pier footings: (1) Open decks. D-18 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (2) Covered porches, provided that the floor height is three (3) feet or less above ground level. (3) Covered porches with a floor height exceeding three (3) feet above ground level, provided that such porch does not exceed three hundred (300) square feet in area. (4) Room additions to living area, not exceeding 300 square feet in area. (5) Additionally, the perimeter foundation need not be continuous in the area of an elevated breezeway or similar architectural feature that connects the home to a garage or similar structure. (B) Minimum Size. Dwellings shall not be less than thirty (30) feet in length and not less than twenty-two (22) feet in width over that entire minimum length. Width measurements shall not take account of overhang and ` other projections beyond the principal walls. Dwelling shall also meet the minimum floor area requirements as set out in this Ordinance. (C) Roof Material. Dwellings shall have an earth covered, composition, wood shingled (include shakes), concrete, clay or ceramic -tiled roof. In addition, metal tile and standing seam metal roof coverings may be allowed by approval of the Zoning Administrator, provided they meet the requirements of ASTM A570 and A611 for roof coverings, and ASTM A219 and A239 for corrosion -resistant roofing materials. (D) Building Permit. Prior to commencement of construction, dwellings shall receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. (E) Design. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare. (F) Code Compliance. Dwellings shall meet the requirements of the Minnesota State Building Code or the applicable manufactured housing code. 300.13 Droigs. and Performance Standards Restrictions on Nuisance and Hazardous Activities Subd. 3 Accessory Buildings and Structures D-19 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 A. Types of Accessory Buildings storage or tool shsdo; de aehed residential garage; detache r n:l ot9rage building; detached d .,t inesticed far n arxrnal buildings; b� =7rieultufa4-fxm lxdildings-. The-aee ;ld ng .,re i efned-xas foliow's 1. &orage or Tool Shed. A one story accessory building of less than one hundred sixty (160) square feet gro oo area with a mca;irurn roof height of twelve (12) feet and exterior colors er mate..; is mat±i the principal structure or utilizing earthen tones. No square feet in area. 2. Detached Residential Garage. A one story accessory building used or intended fag tiv o iwage•of moo; driven passenger vehicles regulated in Section 300.13, &abet. 4. with a m :xir:Zurn roof height of twenty (20) feet. No door or other acceso onkxgshall exceed fourteen (11) feet in height. The exterior color, ucaig ., oral irl.tcrialo D1a11 be &irrikar to tlh principal structure. 3. Detached Ruxa Ft9cage-Buildirn A one story accessory building uoed or intended for the storage of hobby tools, garden equipment, workshop equipment, etc. Exterior material, Shall matrL fn anterior color or bc of an earthen tone. 1. Arrrncl Building. A one story accessory �zildtrig used -or -intended for the shelter of domestic fare cninna.id/or related feed or other Control Agency feedlot parriat and -site 5. Agricultural Farm Building. An accessory building used cx.. i :tcndad for use on an active commercial food producing farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency port may be required. B. A tool shod as defined in this sectio may bx. pla oa any kt in adder permitted number of accessory buildings. C. No accessory-huilding-shall-he-eenstmeted-tier-aeeessePf use-lonated-on-&-lot uxti.i a v is ucd for the prinape b rl �;,, . to whit" it ; D. No accessory building used or intended for the storage of passenger automobiles shall exceed one thousand (1,000) square feet of gross area nor ahall any access door or other opening exceed the height of ten (10) feet, nor olha'.l any height except when the garagao ca-L located in Business, Industrial or Pl�xrx 1 Unit Developments. On parcels of t oty th xizond (20,000) square Soct in area or less, no detached accesoa-y biaildleg z gor ge shll o eea the of the l build gross floor area. E. An weessory building ohall be considered as an integral part of the principal building if it is located six (6) feet or less from tho ptvxipal building. The exterior design and color shall be the ru coo that of the principal building o bc of an earthen tone; the height shall not exceed the height of the prinapcl otructure unless more restrictive portions of this section prevail. D-20 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 .:Wring o industrial district shall exceed the height of the pftincipal-beikling, G. No accessory buildingo in apaftme�t developments shalt e eed th h ht f th U1T3lllil I H. Accessory buildir o in the oor: ti& l Ziotricts may be located to the o shall he heated nearer the front lot line than the prinotal l' ilding that lit, except in AG, RR, and R 1 distr �o whc b o rxay be permitted nearer the front lot line that the n appro�r.1 by adjacent property owners to be submitted -to the -Zoning -Administrator -excp in planned unit developments or cluster developments. J. Accessory structures located on lake ✓r otxNwn frontage lctea nxay be located between the public road and the principal statlu tIxx: the physical conditions of the lot require sugar e 10e�ief: and c Moalution is issued. In i e-event shall dro 3t:uLture bs located closer than twenty (20) feet to the public right of way. K. All accessory buildings over thirty five (35) oqu&awe400t in cAx shall have a foundation, rete sl" t' n'1 chm &aildings larger than one hu&'rrzd (100) square $ et ohall require a building permit regardless of improvanx :t = and wind4wxa-'tail conform to r quircmcnto as -contained in the Building Code. L. TIN required rear yard setbacks for detached residential garages, and o�77ago, kaat, and redo @hall be a distance equa to the required side yard setback for each zoning district, cst;tpt on through lots when the required raar yard setback in each zoning district lx�l appy: M. Perfor.�..,nce standards for detached ri u1turul bu n de esticated fa v vlallull�z. 1. Ettbacks. All animal buildings, feedlots, and r:a i i z storage sites sa l be set hack s feliews. 2. Elopes. The building, feedlot, or manure storage shall not be placed on slopes which exceed thir �,cn percent (13%). 2. E'ii vZ"'1ce-of the, seasonail , high and w .,te t i ottled oil ( .. �.� .L�bll gr�wlli� established by eight arld ane h f [8 1/2] foot boring3) 3hall not be closer than oix and ane half (61/) feet to the natural surface ground grade in any area within one hundred (100) feet of the ed building and er f edlot lvvi vl Liiy , 1. No marsh or wctka-id ( \"&rn -vegetation Subd n The N„r,her of Accessory Buildings. D-21 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elnao Portion 15 - 17 follows. No ac�coory building oha11 be-eefist-feeteil-tmles-s-there-4-s-adequ-ate-reem-fer--the required secondary drainfkU Oita. There shall be no limit on the size or number of o&I is • nominal Agricultural buildings as defined in 30\12 £rbd 3 (A) (5} Up to ten (10} acres Over 10, but Tess than a nominal 10 acres , Up to 10 Acres (Nominal} 10 Acres to 15 Acres 15 Acres to 20 Acres Residential Ri RED and OP 5,000 square feet to 1 Acre Over 1 Acres to 2 Acres 2 Acres or More an attached garage. an attached garage. One 3,000 square feet detached building in addition to an attached garage. A combined 1,200 square feet total for both attached and size-o the -footprint of the -detached structure shal„�„-not exceed the eize of the footprint of the primary structure. One i 200 err, pare foot detached residential garage building in addition to an attached garage. ACCESSORY BUILDINGS, USES AND EQUIPMENT 154.270 SINGLE FAMILY DETACHED USES. (A) No accessory building, structure, or use shall be allowed within a front yard, except that an accessory use, building or structure may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this Ordinance, provided it meets the minimum front yard setback specified for the principal building on the lot. (B) Within the FRD and RSF Zoning Districts, an attached private garage not exceeding one thousand (1,000) square feet in gross floor area shall be considered an integral part of the principal building and such garages are exempt from the provisions of this section. Attached private garages in excess of 1,000 square feet of gross floor area are not perniitted, except by conditional use permit. D-22 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (C) Except in the FRD Zoning District, a conditional use permit is required for construction of more than one (1) detached accessory building in excess of 120 square feet in gross floor area. (D) In addition to other accessory buildings, one (1) building not to exceed one hundred twenty (120) square feet in gross floor area shall be permitted. (E) No building permit shall be required for buildings containing one hundred twenty (120) square feet in gross floor area or less, however, such buildings shall comply with all applicable regulations set forth in this Ordinance. 154.271 ACCESSORY USES. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 154.272 GARAGES WITH ALLEY ACCESS. Private garages having direct access onto an alley shall be set back twenty (20) feet from the alley lot line. In cases where reasonable difficulty is encountered in meeting this requirement, the Zoning Administrator may approve deviations to the setback standard. 154.273 SIZE. (A) In FRD and R-1 Zoning Districts, no accessory building, including a detached private garage for a single family dwelling, shall equal more than thirty (30) percent of the area of the rear yard or one thousand (1,000) square feet in gross floor area, whichever is less, except that in the FRD district, an accessory building may exceed one thousand (1,000) square feet in gross floor area upon issuance of a conditional use permit. Furthermore, the gross floor area of an accessory building shall not exceed the gross floor area of the principal building, except by conditional use permit. (B) In R-2 Zoning Districts, the total gross floor area of a private garage for a single family detached dwelling shall not exceed one thousand (1,000) square feet in gross floor area or the gross floor area of the dwelling, whichever is less, except by conditional use permit. (C) Except in the case of single family detached dwellings, accessory buildings for all other uses shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit shall be required. (D) The maximum height of accessory buildings and structures shall be prescribed in the applicable district, provided that the height of an accessory building or D-23 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 structure shall not exceed the height of the principal structure, except as otherwise provided in this Ordinance. 154.274 SETBACKS. Accessory buildings in the residential districts shall be set back from adjoining lots as prescribed in the applicable district. Accessory buildings in the non-residential districts shall be set back from adjoining lots as prescribed for the principal building on the lot. 154.275 TIME OF CONSTRUCTION. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 154.276 BUILDING MATERIALS. (A) Except in the FRD Zoning District, all accessory buildings in excess of one hundred twenty (120) square feet shall be constructed with a design consistent with the general character of the principal structure on the lot. (B) Accessory buildings constructed primarily of canvas, plastic fabric, or other similar non -permanent building materials shall be prohibited. 154.277 TRASH RECEPTACLES. Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: (A) Exterior wall treatment shall be similar and/or complement the principal building. (B) The enclosed trash receptacle area shall comply with the setback requirements of Section 21120.05 of this Ordinance. (C) The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. (D) The enclosed trash receptacle area shall be located in the rear or side yard. (E) The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way. (F) The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. D-24 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 (G) Recycling space shall be provided as required by the Minnesota State Building Code. (H) Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by Section 2010 of the City Code. 154.278 CONDITIONAL USE PERMITS. Application for a conditional use permit under this section shall be regulated by Section 21015 of this Ordinance. Such a conditional use permit for an accessory structure may be granted provided that: (A) There is a demonstrated need and potential for continued use for the structure for the purpose stated. (B) In the case of residential uses, no commercial or home occupation activities are conducted on the property. (C) The building has an evident reuse or function related to the principal use. (D) The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 154.279 DRIVE THROUGH BUSINESS Where allowed, drive through businesses shall comply with the following: (A) The facility shall be located only on a site having direct access to a minor arterial street, collector or service road. (B) All portions of the business with drive through facilities established after ***DATE***, including but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be set back at least three hundred (300) feet from residentially zoned or guided property. (C) The facility's public address system shall not be audible from any adjacent residentially zoned or guided property and comply with Section 21105.10 of this Ordinance. (D) Required Stacking Space. (1) All Uses Except Pharmacy Uses. Businesses with one (1) drive through lane shall provide stacking space for at least ten (10) vehicles, and businesses with two (2) or more drive through lanes shall provide stacking space for at least six (6) D-25 DRAFT Zoning Ordinance August 28, 2006 Mtg. City of Lake Elmo Portion 15 - 17 vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation. (2) Pharmacy Uses. Pharmacies with one (1) drive through lane shall provide stacking space for at least five (5) vehicles, and pharmacies with two (2) or more drive through lanes shall provide stacking space for at least three (3) vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation. (E) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. (F) Alcoholic beverages shall not be sold or served. (G) All elements of the drive through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to Section 21130.03 of this Ordinance. D-26