HomeMy WebLinkAbout09-20-2006 Planning Commission Paketj•
( 11i/
arm
LAKE City of Lake Elmo
AEL M O 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Orq
NOTICE OF SPECIAL MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
WEDNESDAY, September 20, 2006, at 6:30 n.m.
In Council Chambers at City Hall.
AGENDA
Pledge of Allegiance
1. Agenda Approval
2. Zoning Ordinance
3. City Council Update
4. Adjourn
MEMO
(September 15, 2006 for the Meeting of September 20, 2006)
To: Lake Elmo Planning Commission
From: Kelli Matzek, Assistant Planner
Subject: Zoning Code Rewrite
We will be discussing the following topics:
• General Building and Performance Standards
• General Yard, Lot Area and Building Regulations
• Accessory Buildings, Structures, Uses
I have utilized the legislative formatting suggested by the Planning Commission at the last
meeting. The regular text is the existing Lake Elmo Code. The bold text identifies from where
the existing Lake Elmo code was pulled. The underlined text is proposed and the striken text is
removed. The proposed language I have pulled from other city codes (Oak Park Heights and
Plymouth primarily).
"Lighting, Glare Control, and Exterior Lighting Standards" and the entire section called
"Accessory Buildings, Uses and Equipment" are included in the packet but have not been altered
in the language. Changes were made to correct generic spelling mistakes and the format was
changed.
The next meeting will be held on Monday, September 25th at 7:00 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 September 20, 2006 Mtg.
City of Lake Elmo Portion 15
ZONING CODE (cont.)
General Building and Performance Standards
154.220 Purpose
154.221 Dwelling Unit Restriction
154.222 Lot Provisions
154.223 Grading and Drainage
154.224 Traffic Sight Visibility
154.225 Storing of Personal Property in Residential Zoning
154.226 Exterior Storage in Non -Residential Districts
154.227 Exterior Storage in All Districts
154.228 Passenger Vehicles and Trucks
154.229 Bulk Storage (Liquid)
154.230 Radiation and Electrical Interference Prohibited
154.231 Explosives
154.232 Common Open Space and Amenities
154.233 Swimming Pool
154.234 Lighting, Glare Control, and Exterior Lighting. Standards
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 blight, deterioration and decay; and to enhance the
health, safety and general'welfare of the residents of the community. All uses, buildings,
and structures permitted pursuant to this section shall conform to the performance and
design standards set forth in this section; the standards are determined to be the minimum
standards necessary to comply with the intent and purposes of this Code as set forth in
this section.
154.221 DWELLING UNIT RESTRICTION.
(A) There shall be no more than one principal building on any one (1) parcel of
land.
(B) Ner,g.,rago eational vehicle or trailer b seFfimt Tith unfinished
exter c nt:ixturc above, or accessory building shall be used at anytime as a dwelling unit.
No cellar. basement with unfinished exterior structure above. home without a Certificate
of Occupancy, garage, tent, play house, accessory building, recreational camping vehicle
or trailer, or similar structure shall at any time be used as living auarters, temporarily or
permanently. except as may be approved in emergency cases by the Zoning
Administrator as an administrative permit.
D-1
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(C) Y'aildingo i &after erected ox unpctted land shall be so placed
as to avoid obstruction of future street or utility extensions and ohcJ1 he so place
or,o crad'rand uoc.
(C) All principal buildings shall meet or exceed the minimum standard of the
Minnesota State Building Code, the Minnesota State Uniform Fire Code, the Minnesota
Department of Health, the Minnesota Pollution Control Agency, and the City's on -site
sewage treatment ordinance.
(D) Dwelling Units in Commercial and Industrial Districts. Dwelling units for
watchman and family shall be considered as an accessory use and shall conform to all
applicable regulations for the district in which located, except as modified in this
subsection:
(1) A dwelling unit in the commercial district located in �a.commercial
structure shall not occupy the front half of the ground floor or basement.
(2) A dwelling unit in a commercial or industrial building shall not
contain more than one (1) bedroom unless the building is of a planned unit
development.
(3) No detached dwelling unit shall be permitted in the commercial or
industrial districts, except as part of a planned unit development.
(4) A dwelling unit which is apart of the principal building shall be
provided with two (2) exits; one (-1) shall be a direct outside exit.
codes.
(5) All buildings shall conform to the building code and applicable fire
(E) Tents, play houses or similar structures may be used for play or recreational
purposes only.
(F) 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.
154.222 LOT PROVISIONS.
�44 t o g o s P-arcels. ntigu us , is els
of land owned or controlled by the same person- err,' individual lot or par'a does not
meet the full width or area requirements of this section, the individual lot or parcel cannot
be considered as a serf/zeta parcel of land fc parposes of sale or development, but must
D-2
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
be combined with adjacent lots or parcels under the same owncrohip 30 that the
combination will equal one or more parcels of land each meeting the full lot width and
area requirements of this section.
(A) 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.
(B) 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 prop erty in accordance with the Subdivision
Ordinance.
(C) Subdivision of Lots. Any lot or parcel of land subdivided by any means after
the effective date of this section for purposes of erecting a structure, must be approved as
required by the subdivision ordinance..
(D) All lots having frontage on a lake or stream shall be subject to the provisions
of the Shoreland Management Ordinanceas well as the regulations provided by this
chapter. All lots on unclassified bodies of water°in the shoreland management ordinance
shall meet the minimum setback requirements for a General Development Natural
Environment Lake, except as provided in the Shoreland Management Section.
(E) Lots in the Flood Plain. All lots in a designated flood plain shall be subject to
the Flood Plain Ordinance as well as the regulations provided by this chapter.
(F) Reduction of Required Yard or Lot Size Prohibited. No yard or lot shall be
reduced in area or dimension so as to make it less than the minimum required by this
section, and if the existing yard or lot is less than the minimum required, it shall not be
further reduced. No required yard or lot currently used for a building or dwelling group
shall be used to satisfy minimum lot area requirements for any other building.
(G) Sloping On Erodible Building Sites. No structure shall be constructed Son
sites with slopes of greater than twenty-five percent (25%) or on easily erodible soils as
defined on the community soils maps and compiled by the County Soils Conservation
Agent. Be structure sha" b a nstructed
(H) Minimum Area Requirmxwitz for Lots Without PUJ2.3 fimitary Ecwer.
(1) RI (Yeas withut pubic sanitary sewn, bat where public sanitary
sewer is proposed in the City's capital improvement progr-am, single -and -two-family
D-3
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
homes shall demorArcto ouitable soil conditions for adequate on site sewage treatment
(2) Ix areas withmit p'ak- io sanitary o.
not proposed in the City Capital Improvement Program or Comprehensive Plan, Single
aria ofcr_•iirj lx-xmos shall demonstrate sui able soil conditions for a minimum on site
sewage treatment area of one (1) acre per dwelling unit.
(3) A building pc mit °hall not be issued for a lot which either does not
meet the minimum acres of acceptable soils for xi rite sewage troctrsont; or does not
have enough acceptablo ooilo witlsr. the lot or urd ar legal contract to construct at least
two (2)-complete s
(H) Lot Width on a Public Street. All lots or parcels shall have direct adequate
physical access for emergency vehicles along the frontage of the lot or parcel on a
dedicated and approved public roadway to the width derived from applying the lot width
requirement in each zoning district.
(I) All buildings shall be so placed so that they will not obstruct future streets or
utility extensions which may be constructed by the City and be in conformity with
existing streets, adopted plans, and according to the standardsemploved by the City.
(J) Arz,- n desi,.inc to rert shall oubr 1 to the LaiMing Official
dimension of existing and proposed buildings. location of easements •nitkin the property,
roz , ailany other information which :ram-( be necessary to evaluate
conformance with City ordinances.
(J) Substandard lots of record shall be governed by Section ## of this Ordinance.
(K) On a through lot, both street lines shall be front lot lines for applying the yard
and4arking 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.
(L) Outlots are ::deemed unbuildable and no building permit shall be issued for
such properties, except that permits for fences may be issued.
(M) 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 reauire
approval of a conditional use permit prior to issuance of any building permits.
(N) No division of a parcel shall be made which leaves remaining any lot with
frontage or area below the reauirements stated in this Ordinance.
D-4
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
154.223 GRADING AND DRAINAGE.
Placing entrance culverts, or doing any act whin,': may alter or affect the dr�axxagc of
public streets or othc- pubic f pul!Jkx treets, or
sidewais without proper permit.
(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,
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 subiect 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 or a permit is obtained if needed.
(C) Except for written authorization`' of the City Engineer, the top of the
foundation and garage floor of all structure§ 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 havra slope of not more than ten (10) percent.
154.224
TRAFFIC SIGHT VISIBILITY.
(A) The traffic generated by any use s
(1) Congest on of the public street
(2) Traffic hazards, and
(3) Excessive traffic through residential arcao, pa 'tic ila-ly truck traffic.
Internal traffic ab Ji be so regulated as to ensure its safe and orderly flow. Traffic into
,,,, out of busing nd ,nd ctr;a, r .:�, shall ix i1 cases be fo7»crd T:.zr.ixg with lie
bathing into street. PUT IN THE "WHERE COULD THIS GO" PILE
(B)—O:i any comer lot, nothing shall be placed or allowed to grow in a r annef
tht irxpcdes vision between a height of two and C, hr f(3 '7) and ten (10) feet above
the center line grades of the inteaucting streets within fifteen (15) feet of the intersecting
street right of way lirrro. This restriction alkali aloo apply lie tho pianting of crops and to
yard grades that result ix ay/ado tl7r.t. impede vision within fifteen (15) feet of any
intersecting street right of way lines.
D-5
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
Or (B) Nothhrb ohall be placed or allowed to grow is uth a monx ao r c terially
to impede vision between a h3ight of two and one half (2 1/2) and ten (10) feet above the
center line grades of the intersecting streets within ono i w dred (100) feet of the
intersection.
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 two and one-half (2 1/2) feet and ten
(10) feet, measured 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). 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.
`
All trots, hedges, billboards, or other
obstructions which prevent persons from having a clear view of traffic approaching an
intersection from cross stroao in oaffthx-tt time -to b:i\-g a motor vehicle driven at a
reasonable speed to a full stop before the intersection is reached;
Curb
'30`Feet
30 Feet
EX'1ERIOR STORAGE/DISPLAY
154 22;t EXTERIOR STORAGE DFkTTED
Exterior storaa3 ac used i this ctiot'^e storage of geeds, ma,luipment,
manufactured products and o mllnr nc fully effoloccd in c building. MOVED TO
DEFINITION SECTION
154.225 STORING OF PERSONAL PROPERTY Lh RESIDENTIAL ZONING
DISTRICTS.
D-6
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(A) All personal property shall be stored within a building or fully screened so as
not to be visible from adjoining properties and public streets, except for the following:
(1) Laundry, drying;
(2) Anchored or fixed Rrecreational equipment commonly used in
residential yards shall be setback ten (10) feet from anv lot line;
(3) Construction and klndcaaping mato6ah, and equipment currently
(wig-xin a rwiod of six (6) m,:nthr being coed on the premises; Construction and
landscaping materials or equipment. if these are used or intended for use on the premises
within a period of six (6) months, unless there is an active building permit issued for
improvements on the property;
(4) Off-street parking of licensed operable passenger automobiles and
pick-up trucks;
(5) Merchandise being displayed for sale in accordance with the
provisions of the Zoning Ordinance;
(6) Farm implem xlko in the AG Zoik*,- D strict. Agricultural equipment
and materials, if these are used or intended for use on the :premises within a period of
twelve (12) months.
(7) Firewood storage for personal use. Stacked firewood for the burning
supply of the property resident may be located in a side. rear. or equivalent yard.
(8) Recreational Vehicle
Boats and traile, less than twenty five (25) f et inlec , if stored
in4he xNar yard x ore than ten (10) feet distant from any,property lino;
-(1) A recreational'ski` 1. spry not be parked of csy .lend cvtside
of an approved camping area or at approved sales lot, excerpt thn tke per. &xg of one (1)
uneEeepieel--Vee it en accessory p;l ate garage, build;Trg, or in the rear yard of a
resi&Nvad etktrict is permitted providxI tl .. no living quarters shall h* makktiised or any
business practiced in the trailer while it is so parked or stored.
(2) A recreational vehicle owned by a non resident, guest or
for Mc(' -be parked or occup;od by the guest or visitor on property os whth c
permanent dwel-:rig ukt Vic l,,atee for e ,,,a r t t„ o eed th;rty (3m e
era the rvi 1 of— eperty. The recreation vehicli ahal kc.ve self contained
sanitary facilities or standard on sib. &&cilit'ros mquired by tiw ea- mvnity building
official/cr,.nitcc'ice,
(a) Recreational vehicles may be parked in front of a residence for
the purpose of maintenance. loading and unloading, provided that the vehicle is not
parked in front for longer than seventv-two (72) hours in anv continuous thirty (30) day
period.
(b) In residential districts, recreational equipment up to twenty-
five (25) feet in length may be parked or stored outdoors as follows:
D-7
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(1) One (1) piece of recreational equipment per dwelling
unit. When recreational equipment is on a trailer. the trailer and piece of recreational
equipment shall be considered as one (1). Measurement does not include tongue of
trailer or motor (if applicable).
(2) In the rear yard not within ten (10) feet of the lot line
and as close to the garage as practicable.
(c) The Building Official may provide written permission to allow
relief from the requirements found in 154.225-A.5.b2 above in special circumstances
where the topography or other circumstances not created by the apt licant or owner that
would preclude storage in the rear yard exist. The permission will include a defined time
period and area restriction on the property.
(d) The storage of recreational vehicles defined herein shall not
preempt existing tract restrictions or restrictive covenants.
(e) No camper/RV, camper Oiler or boat shall be used for
residential purposes, except that visitors with such vehicles may sleep in them for a
period not to exceed nine (9) days.
(B) Existing Uses
Existing uses shall comply with the provisions of this, section within a reasonable
time, not to exceed six (6) months following the enactment of this Code.
A. Recreatia i cummi sg vehiolc. "Recreational arntie,.g Vehicle"
includes the following:
1. Any vehicular, portable structure Milt on a chassis, designed to
be used as a temporary dwelling foiixci.°e1, recreationand vacation uses.
2. Any structure designed to be mounted m a truck chassis for use
;s a tempo:rJ dwelling fora el, recreaticx ca-xd ', ..cation.
?. Any portable, temporary dwelling to .-dctd for travel,
feefeatienand-vac-atien7-eenst-faet-e€1-as-aa-iateg.' part of a self propelled
vehicle; and
1Any folding ax ure, mounted on wheels and designed for
travel, recreatioB and vacation use. MOVED TO DEFINITION
SECTION
154.226 EX'1'bRIOR STORAGE IN NON-RESIDENTIAL DISTRICTS.
In non residential districts, exterior storage of peraeual Faperfif may be permitted by
conditional use permit provi d art/ moll property is so stored for purpooco ralating ta-a
use of the property permit s by ti-zo Zoning Ordinance and will not be contrary to the
intent and purpose of the Zoning Ordinance.
(A) Outside Storage/Display. Exterior storage and display shall be governed by
the respective zoning district in which such use is located.
D-8
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(B) 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:
(1) Merchandise being displayed for sale in accordance with zoning
district requirements.
(2) Materials and equipment currently being used for construction on the
premises.
(C) 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) Except for .teuvojary construcpon -trailers and mobile ser*es otzerated by
public keryice a, n�� s (i.e :bookmobile. bloodmobiles, etc.) as allowed by the City,and
trailers parked in .a :designated and "ApAprpv9d 'loading Area, no vehicle may be used for
office, 'b usipps 1, ipdustrial . pfp.ctpTn g, tc,stin i. or storage of items used with or in a
business, commercial or industrial .enterpzi,se.
154.227 EXT] OR STORAGE IN ALL DIS 1'RICTS.
(A) In all districts, all refuse, rubbish or garbage (as defined in subsection
1335.01) shall -be kept in an enclosed building or properly contained in a closed container
designed for such purposes. The owner of vacant land shall be responsible for keeping
the land free of refuse, rubbish or garbage.
(B) _ The City Council may order the owner of any property to cease or modify
exterior storage uses including existing uses, provided it is found that such use constitutes
a threat to the public health, safety, convenience, or general welfare.
(C) 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
except as permitted by Conditional Use Permit as provided by the Zoning District.
(D) 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 two (2) weeks is hereby declared to be a nuisance and may be
abated by order of the Zoning Administrator, as provided by Minnesota Statutes and
Section ## of the City Code. The cost of abatement shall be recovered in accordance
with the applicable provisions of Section #r# of the City Code.
D-9
DRAFT Zoning Ordinance
City of Lake Elmo
September 20, 2006 Mtg.
Portion 15
(E) Passenger automobiles and trucks which are 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 fourteen (14)
days, and all materials stored outside in violation of the City Ordinances are considered
refuse or iunk and shall be disposed of pursuant to City regulations.
151.22E T NL CENEED—P,SEEENGE t VEHICLES ANTI TRUCKS (Taken from
1 z4n 05 Un1iccnscd Pass.,,. Vchiel and Trucl s)
Unlicc xl pastinger vehicles and trucks oh-L sot be parked in residential districts for a
period exceeding seven (7) days.
151.22# D-'ll`TINQ JUNK Taken from 1340.06 mieg
All exterior storage not permitted 1-ry Eubsoction 1340:02 or included as a permitted
access ry use, usa, GT includedpvit of c conditional aw pzrmit, or
cc " within the
meaning—ef—gubseetion i 25.02, FiAd 11 (" kr.:k") of this Code. MOVE TO
DEFINITION SECTION
154.229 BULK STORAGE (LIQUID) (Taken from 300.13 Design and Performance
Standards — Restrictions on Nuisance and HazardousActivities, Subd. 9 Bulk Storage (Liquid))
No uses associated with the' bulk storage of=over two thousand (2,000) gallons of oil,
gasoline, liquid fertilizer, chemicals, and similar liquids shall be permitted except as are
specifically permitted by the council after finding, that fire, explosion, or water or soil
contamination hazards 'are not present that would be detrimental the public health, safety,
and general welfare. All existing above ground liquid storage tanks having a capacity in
excess of two thousand (2,000) gallons shall secure such permission within twelve (12)
months -following enactment of this section. The Zoning Administrator shall require the
development of diking around the tanks, suitably sealed to hold a leakage capacity equal
to one hundred fifteen percent (115%) of the tank capacity. Any existing storage tank
that, in the opinion of the Planning Commission or the Council, constitutes a hazard to
the public safety shall discontinue operations within five (5) years following enactment of
this section. (Also.see Subd. 10. 154.231 Explosives.)
154.230 RADIATION AND ELECTRICAL INTERFERENCE PROHIBl'1'ED.
(Taken from 300.13 Design and Performance Standards — Restrictions on Nuisance and Hazardous
Activities, Subd. 14 Radiation and Electrical Interference Prohibited)
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas.
There shall be no electrical disturbance (except from domestic household appliances)
adversely affecting the operation or ordinary business or household equipment and
appliances. Any such emissions are, declared to be a nuisance.
D-10
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
154.231 EXPLOSIVES (Taken from 300.13 Design and Performance Standards -
Restrictions on Nuisance and Hazardous Activities, Subd. 10 Explosives.)
No activities involving the storage, use, manufacture of materials or products which
could be detonated shall be permitted except those that are specifically permitted by the
Council. The materials shall include, but not be confined to, all primary explosives such
as lead azide and mercury fulminate, all high explosives and boosters such as TNT, tetryl
and nitrates, propellants and components thereof such as nitrocellulose, black powder,
and nitroglycerin, blasting explosives such as dynamite, and nuclear fuel and reactor
elements such as uranium 235 and plutonium.
151.23 f FALL OUT SHELTERS (Taken from 300.13 Design and Performance
Fall out sheltcro may be, permitted in any district, susfoot o yard regulations of the
•v�n.iotures or be constructed
:eepanatey, and in addition to shelter use, may used for any use permitted in the
['rrtr�t, xbject to the district regulations on such use.
154.232 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 predetermindreasonable standard. Common private open space and
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
D-11
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
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 corporatiop 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 prorate share of said
expenses. Such assessments. together with interest thereon and costs of collection. shall
be a hen on each property against which each such assessment is made.
(e) Membership = must he mandatory Tfot 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.
154.233 SWIMMING POOLS (Taken from Section 525 Swimming Pools)
-(A) Permits required. No person, corporation, partnership, or firm ohall
owin rn g pool in the city without 17� h irk obtained a permit from the Building
Official.
(A) A building.permit shall be required for the construction, alteration or
installation of any swimming pool which shall have a capacity of 18.000 gallons or more.
(B) Definiti✓io. Unless specifically defined in this section, co:amor: definitions,
words, and phrases usod is thin section shall be interpreted so as to give them the same
meaning as they have in common usage through this code. Definitions are found in §
i'54 Itfttt.
(C) Application for permit. The Building Offian n y eq .iirc p1r..rzo,
specifications, and pertinent cxpltnut pplication for a
permit.
D-12
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(1) An application for a permit wick inches a site man ��:owing:
(B) An application for a building permit shall include the following infoiivation:
(a) Site plan to scale
(b) The type and size of pool, location of pool, location of house,
garage, fencing, and other improvements structures on the lot;
(c) The location of structures on all adjacent lots;
(d) The location of filter unit, pump, aid w iti%g iindicating the
type of the units1; of all swimming pool equipment;
(e) The loc\s.tkn of back flxh,, nd drainage outlets,
(e) Grading plan, finished elevations, and final treatment (decking,
landscaping, etc.) around pool;
(f) The location of existing overhead or underground wiring,
utility easements, trees, and similar features;
(h) The location of any •ti er heating unit;
(g) The location of water supplysystems, buried sewers, and
sewage disposal systems, other utilities and proximate sources of possible contamination
of the pool; and
(h) All -dimensions, zncludmg the length, width, depth of the pool,
the size of the pool deck, and the liquid capacity of the pool; plans shall be drawn to a
scale .of not smaller than one-fourth (1/4) inch to one (1) foot;
(2) The application shall be accompanied by the permit fee the Council
establishes by resolution.
(3) Pools shall not be located within 10 feet of anv septic tank and 20 feet
of any sop`io tcrai!drainfield nor within six (6) feet of any principal structure or frost
footing. Pools shall not be located within any required front or side yard setbacks.
(4) Pools shall not be located beneath overhead utility lines nor over
underground utility lines of any type.
(5) Pools shall not be located within any private or public utility,
walkway, drainage, or other easements.
D-13
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(6) In the case of in underground pools, the necessary precautions shall be
taken during the construction, to:
(a) Avoid damage, hazards, or inconvenience to adjacent or
nearby property; and
(b) Assure that proper care shall be taken in stockpiling excavated
material to avoid erosion, dust, or other infringements upon adjacent property.
(7) All access for construction shall be over the owner's land and due care
shall be taken to avoid damage to public streets and adjacent private or public property.
(8) (a) To the extent feasible, back -flush water or water from pool
drainage shall be directed onto the owner's property or into approved public drainage
ways.
(b) Water shall not drain onto adjacent or nearby private land.
(9) The filter unit, pump, heating unit, and any other noise -making
mechanical equipment shall be located at least fifty (50) feet from any adjacent or nearby
residential structure and not closer than then (10) feet to anylot line unless such
equipment is enclosed in a sound resistive enclosure. In all cases, noise shall not exceed
minimum standards as set forth in Sec. 1370.
(D) Pool piping. Pool piping systems shall be constructed of materials prescribed
in the e State plumbing code. Installation of the piping, including the pool water
supply line, shall be inspected by -.the Building Official prior to covering the piping.
(E) Main outlets. Pools shall be equipped with facilities for completely emptying
the poolandeffecting surface drainage (by gravity if elevations permit). The drainage
system shall be constructed in accordance with the provisions of they State plumbing
code.
(F) Water supply. Water supplies serving all swimming pools shall be of a safe
sanitary quality and be acceptable to the County Health Officer. The installation of the
pool water supply piping and connection to the source of supply shall be in accordance
with the eity State plumbing code. Water in the pool shall be maintained at all times in a
suitable manner to avoid health hazards of any type.
(G) Electrical requirements. All electrical installations provided for, installed,
and used in conjunction with residential swimming pools shall conform with the state
electrical code and shall be inspected and approved by the state electrical inspector. No
current -carrying electrical conductors shall cross residential swimming pools, either
overhead or underground or within fifteen (15) feet of the pools, except as necessary for
pool lighting or pool accessories.
D-14
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(H) Heating requirements. P ' o thc11 bg required for all heating units used in
conjunction with swimming pools. Installwtkm ohc11 be made in accordance with the city
heatz-g buiUr..g code in effect at the time of irro lation.
(I) Pressure relief valves. Pools shall be designed and constructed with under -
drain systems and pressure relief valves to prevent pool flotation, where the Building
Official determines the same to be necessary.
(J) Shield lights. Lights used to illuminate any swimming pool shall be so
arranged and shielded so as to reflect light away from adjoining properties.
(K) Location. All swimming pools or appurtenances toswimming pools shall be
located in the rear yard and meet the setback requirements of the district in which it is
located. Requests for a variance from the provisions of this section shall be referred first
to the Planning Commission for its study and recommendation and then to the Council.
(L) Fences. All swimming pools shall be completely enclosed by a non-
climbable type fence. All fence openings or points of entry into the pool area shall be
equipped with gates. The fence and gates shall be at least four (4) feet in height and shall
be constructed of a minimum number eleven (11) gauge woven wire mesh corrosion -
resistant material or other material approved by the Building Official. All gates shall be
equipped with self -closing and self -latching devices placed at the top of the gate or
otherwise be inaccessible to small children. All fence posts shall be decay or corrosion
resistant and shall be set in concrete bases or other suitable protection. The openings
between the bottom of the, fenceand the ground or other surface shall not be more than
four (4) inches.
(M) Safety equipment. Every swimming pool shall be equipped with one (1) or
more throwing ring buoys not more than fifteen (15) inches in diameter and having fifty
(50) feet (or the diagonal measurement of pool - whichever is larger) of 3/16 inch nylon
line (or equivalent) attached.
(N) Above -ground swimming pools. Ladders or stairs which are attached to or
placed against the outside of above -ground tank -type swimming pools having a depth of
twenty-four (24) inches or more shall be removed from the outside of the pool when it is
not being used by the owner or owner's authorized guests. Above ground pools utilizing
fixed stairs shall be affixed with a five (5) foot, non -climbable fence or gate to be locked
when unattended. All other applicable provisions of this section shall apply to above-
ground pools.
(0) Public or semi-public swimming pools. Swimming pools other than
residential pools shall be constructed and operated in conformance with standards for the
installations established by the Minnesota State Board of Health. In addition, the person,
firm, corporation, or agency proposing the construction of a swimming pool other than
residential shall file with the Building Official, prior to the beginning of any construction,
a copy of the report prepared and issued by the Minnesota State Health Department
D-15
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
showing approval of the plans, and one (1) set of pool plans upon which the approval is
indicated by stamp, seal, or other official marking of that agency. Adequate screening,
including both fencing and landscape treatment, shall be placed between said areas and
adjacent lot lines.
154.234 LIGHTING, GLARE CONTROL, AND EXTERIOR LIGHTING
STANDARDS (Taken from Ch. 13 Municipal Regulations, Sec. 1350)
(A) Purpose. The purpose of this section is to regulate thedspillover o flight and
glare on rural areas of the community, pedestrians, and land usesine proximity of the
light source. With respect to motor vehicles in particular, safe considerations from the
basis of the regulations contained herein.
(B) Definitions. Unless specifically defined 'sSection, common definitions,
words and phrases used in this Section shall be intetprete a as to give them the same
meaning as they have in common usage throughout this cote and are found in. Section
(C) Exterior Lighting Plan. At the time any exterior light is installed or modified
for projects, an exterior lighting plan shall be submitted to the City in order to determine
whether the purpose and requirements of his Section have been met. This plan will be
prepared by a certified architect, landscape architect, or lighti`designer.
(1) Submittal Requirements. The applicant must provide a plan that
identifies the location, size and type of luminaire, and show how the applicant intends to
comply with this sion. A photometric plan of the site and fixture data sheet must be
submitted with a site plan for office, commercial, or any type of industrial project in
order to determine the effect of the luminaire on surrounding properties. The applicant
shall provide the fixture data sheet for residential lighting proposals.
(D) Prohibited Lighting
(1) Public Roadway or Street. No Lights shall be placed in view of any
public roadway or street so that its beams or rays are directed at any portion of the
roadway when light. is of such brilliance and so positioned as to impair the vision of the
driver of any motor vehicle.
(2) Luminaries. Except for "full cutoff luminaries" as defined in this
section, no luminaries are allowed which do not meet the standards outlined in this
section. (See illustration below)
(3) Lighting in All Zoning Districts. No direct or sky -reflected glare,
whether from floodlights or from high temperature processes such as combustion or
welding shall be directed into any adjoining property.
D-16
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
(4) Bare Light Bulbs. Bare light bulbs shall not be permitted in view of
adjacent property or public right-of-way.
(5) Light Cast. No light or combination of lights, which cast light on a
public street, shall exceed one (1) foot-candle meter reading as measured from the
centerline of the street, nor shall any light or combination of lights, which cast light on
residential property, exceed four -tenths (0.4) foot-candles.
(E) Minimum Standards.
(1) Minimum Standards for Lighting with a Total Cutoff Angle of Greater
than 90 Degrees. When a luminaire has a total cutoff of an angle greater than ninety (90)
degrees (see illustration below), the maximum illumination and the maximum permitted
luminaire height is designated below. This standard is designed to ensure that no light is
emitted above a horizontal plane parallel to the ground. In order to achieve a total cutoff
at ninety (90) degrees, such a luminaire will emit maximum (peak) candle power at an
angle not exceeding seventy-five (75) degrees :,This angelis formed by the line lit which
maximum candlepower is emitted for the light source and a Tile perpendicular to the
ground from the light source.
(2) Illumination may exceed the stated maximums for a radius of 20 feet
measured from the center point of the light fixture, but shall not, exceed those maximums
beyond the exterior property line of the site upon which the fixture is located.
Use and District
Allresidential
''-Districts
All Non -Residential
Districts
Maximum Permitted Maximum Permitted
Illumination at a Height
Point Six Feet
Above the Ground
(in foot candles)
.30 Fifteen (15) feet
1.50
Twenty (20) feet
(3) Minimum Standards for Lighting with a Total Cutoff Angle of Less
than 90 Degrees. When a luminaire has a total cutoff of light at an angle less than ninety
(90) degrees and is located so that the bare light bulb, lamp, or light source is completely
shielded from the direct view of an observer five (5) feet above the ground at the point
where the cutoff angle intersects the ground, the maximum permitted illumination and the
maximum permitted height is illustrated below. This type of light fixture may be taller
and provide greater illumination at the property line than the one specified above,
because the design of this fixture ensures that its light source will not be directly visible
off -site.
Use and District
Maximum Permitted
Illumination at a
Maximum Permitted
Height
D-17
DRAFT Zoning Ordinance September 20, 2006 Mtg.
City of Lake Elmo Portion 15
All residential
Districts
All Non -Residential
Districts
Point Six Feet
Above the Ground
(in foot candles)
1.00
Fifteen (15) feet
3.00 Twenty (20) feet
(4) Minimum Standards for Lighting on Agricultural Lands. When a
permanent outdoor luminaire is placed on agricultural land, only Mercury lamps shall be
permitted.
(5) Attachments. Attachment entitled "Good Neighbor Outdoor
LiRhtinR" is on file in the Building Official's office, and can be found; in. Appendix A of
this Code. This is the guide to be used for residential lighting.
D-18
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
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
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 Accessory Building Type
154.271 Size and Number
154.272 Time of Construction
154.273 Drive Through Business
154.274 Drive -In Business
GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
154.250 Purpose
This section identifies yard, lot area. building sie. anal building tune and height
requirements in each zoning district.
154.251 Building Height Exceptions (Taken from 300.12 Height.)
B. No other strezaurj exceed tarty eve (35) feet in height including church
spires, belfries, cupolas and domes, monuments, chimneys, and smokestacks, flag
pelm, public faei1itie ex pt bxra, i 1& and other farm structures, utility
tn.n r anion servi x ,arid t=zo **mg atations.
(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 permit.
(1) Belfries.
(2) Chimneys or flues.
(3) Church spires.
(4) Cooling towers.
E-1
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(5) Cupolas and domes which do not contain useable space.
(6) Elevator penthouses.
(7) Flag poles.
(8) Monuments.
gubd. 2 1k pct Walls.
l a aMi 3hn11 not exceed more than four (4) feet above the height
permitted of the building.
(9) Parapet walls extending not more than four (4) 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 permit.
(C) Modifications to the topography of a lot may not be undertaken as a means of
achieving increased building height.
(D) In the case of anv 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 stucture 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
Minnesota3epartment 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 anv comments received from the Commissioner of the
Minnesota Department -of -Transportation as part of the reauired applicable permit
request. This local reporting is in addition to any federal permitting and review
processing which may be simultaneously required.
154.252
Districts)
BUILDING TYPE AND CONSTRUCTION. (Taken from individual Zoning
(A) General Business District.
(1) The Primary Exterior Surfacing of structures shall be limited to
natural brick, stone, or glass. Artificial or veneer brick or stone shall not qualify as
complying with this performance standard.
E-2
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(2) Primary Exterior Surface shall be defined as not less than 70% of the
sum of the area of all exterior walls of a structure nominally perpendicular to the ground.
All parapet or mansard surfaces extending above the ceiling height of the structure shall
be considered exterior surface for the purposes of this subdivision. Windows and glass
doors shall be considered a primary surface, but the sum area of such glass shall be
deducted from the wall area for purposes of the 70% Primary/30% Accent formulas of
this section. Doors of any type or material, except glass, shall not be considered a primary
exterior surface. Each wall of the structure shall be calculated separately; and,
individually comply with the 70/30 formula.
(3) Not more than 30% of the exterior wall surfacing, as defined by
parag pt D_above, may be of the following listed Accent Materials, but no single Accent
Material, except natural wood, may comprise more than 20% of the total of all Accent
Materials; and, no combustible materials shall be used:
(a) Wood Siding
(b) Cement Fiber Board
(c) Standing Seam Metal
(d) Stucco
(e) Pour in Place Concrete (excluding "tilt -up" panels.)
(f) Metal panels or Sheets
(g) Poured in Place Concrete (excluding "tilt -up" panels).
(h) Porcelain or Ceramic Tile
(B) Highway. Business, Limited Business, and Business Park District.
The exterior surfaces of all buildings shall be faced with brick, stone, glass or equivalent.
The City may allow architecturally enhanced and integrally colored block, in all cases
examples of the proposed finish are to be submitted for review by the Planning
Commission. No building shall be,constructed with a main exterior surface of sheet
aluminum, steel corrugated aluminum, or similar products; these materials are acceptable
only as trim. Non-structural metal standing seam roofing is permitted. No accessory
building shall exceed the height of a principal building. All exterior equipment and trash
and recycling storage areas and dock areas shall be screened with materials used in the
principal structure. Low profile, self-contained HVAC units which blend in with the
building architecture are exempt from the screening requirement. Underground utilities
shall be provided for all structures.
154.253 YARD REQUIREMENTS. (Taken from 300.10)
300.09 &bad. 1 E iotktg Lot.
An existing lot is a lot or parcel of land in a residential district which was of record as a
separate lot or parcel in the office of the County Recorder or registrar of titles, on or
E-3
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo
Portion 16
before the effective date of this section. Any such lot or parcel of land which is in a
residential district may be used for single family detached dwelling purposes provided the
area and width of the lot are within sixty percent (60%) of the minimum requirements of
this section, provided all setback requirements of this section must be maintained; and
provided it can be demonstrated safe and adequate sewage treatment systems can be
installed to serve the permanent dwelling.
Any one (1) acre lot which was of record before October 16, 1979 may be used for single
family detached dwelling purposes regardless of ownership of adjacent parcels, provided
the lot meets all other requirements of this section.
No lot, yard or other open space shall be reduced in area or dim nsion so as to make such
lot, yard or open space less than the minimum required bv 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 prodded about any building or structure
shall be included as part of any open space required" for another structure
No public use or convenience structure shall be located within the public right-of-way.
The structure shall include, but is not limited to trash containers, institutional direction
signs, bicycle racks, benches, platingoxes, awnings, flag poles, bus shelters, light
standards, stairs, stoop, light wells, neaper storage containers, mail boxes for private
mail delivery firms, loading wells, signs, and others. The structures do not include utility
facilities.
(A) Permitted Encroachments on Required Yards
The following shall not be considered as permittecLencroachments into setback and
height requirements. except as restricted by other sections of this chapter.
Subd. 1 In Any Yards.
(1) Posts, off-streetpen parking, cantilevers up to ten (10) feet in width,
flutes, leaders, sills, pilasters, lintels, cornices, eaves (up to three (3) feet), gutters,
awnings, open terraces, steps, chimneys up to six (6) feet in width. ornamental features,
flag poles, window wells and their related covers. open fire escapes, sidewalks, fences,
essential services exposed ramps (wheelchair), uncovered porches, stoops, yard lights and
nameplate signs; trees, shrubs, plants, floodlights or other sources of light illuminating
authorized illuminated signs provided the direct source of light is not visible from the
public right-of-way or adjacent residential property, or similar features provided they do
not extend above the height of the ground floor level of the rrincipc1 otx► cture or to a
distance lest than more than five (5) feet into a required yard or five (5) feet from any lot
line, whichever is more restrictive. nor less than one (1) foot from any existing or
proposed driveway; or light standards for illuminating parking areas, loading areas, or
yards for safety and security reasons,.
E-4
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(2) 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 M# of the shoreland regulations.
S-abd. 2 ciao and Rear Yams
Fences thirty percent (307) open; -trills and hedges six (6) feet in height or
less; bays not to exceed a depth of three (3) feet or contaanirg an area of more
than thirtyo oaupvc not to'exceed a width of three (3) feet.
(4) 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 r-quirements is based upon a specific
need or circumstance which is unique to the property in ctuestion 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
Citv's Subdivision Ordinapce are provided and no building will occur upon this reserved
space.
(c) The reduction will work toward the preservation of trees or
unique physical featuresof 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 40103.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.
E-5
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(C) Comer 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 t,reservation 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 Seddon 21105.05 of this Ordinance.
154.254 EFFICIENCY APARTMENTS.
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 thcase 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:
E-6
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
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 440 square feet
One Bedroom 520 square feef
154.257 TWO FAMILY, TOWNHOUSE, MANOR HOME, MULTIPLE
FAMILY USES.
F'rK
(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 permit 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 contang ent on the following
requirements:
(1) Prior to a two family dwelling or townhouse subdivision, the base lot
must meet all the reauirements 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
acc'iable, provided they Weet all the zoning reauirements.
(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 subiect to the review and approval of the Zoning Administrator.
(6) The subdivision is to be platted and recorded in conformance to the
reauirements of the Subdivision Ordinance of the City.
E-7
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(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.
(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 strgture.
(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
E-8
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
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.
ACCESSORY BUILDINGS, USES AND EQUIPMENT
154.270 ACCESSORY BUILDING TYPE (Taken From 300.13 Design and
Performance Standards — Restrictions on Nuisance and Hazardous Activities Subd. 3 Accessory
Buildings and Structures)
(A) Types of Accessory Buildings — storage or tool sheds; detached residential
garage; detached rural storage building; detached domesticated farm animal buildings;
agricultural farm buildings. The accessory buildings are defined as follows:
44'" (1) Storage or Tool Shed. A one story accessory building of less than one
hundred sixty (160) square feet gross area with a maximum roof height of twelve (12)
feet and exterior colors or materials matching the principal structure or utilizing earthen
tones. No door or other access opening in the storage or tool shed shall exceed twenty-
eight (28) square feet in area.
(2) Detached Residential Garage. A one-story accessory building used or
intended for the storage of motor driven passenger vehicles regulated in Section 300.13,
Subd. 4. with a maximum roof height of twenty (20) feet. No door or other access
opening shall exceed fourteen (14) feet in height. The exterior color, design, and
materials shall be similar to the principal structure.
(3) Detached Rural Storage Building. A one story accessory building
used or intended for the storage of hobby tools, garden equipment, workshop equipment,
etc. Exterior materials shall match the principal structure in exterior color or be of an
earthen tone.
E-9
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(4) Detached Domesticated Farm Animal Building. A one story accessory
building used or intended for the shelter of domestic farm animals and/or related feed or
other farm animal supportive materials. The building shall require a Minnesota Pollution
Control Agency feedlot permit and site and building plan approval.
(5) Agricultural Farm Building. An accessory building used or intended
for use on an active commercial food producing farm operation of more than twenty (20)
acres. A Minnesota Pollution Control Agency permit may be required.
154.271 SIZE AND NUMBER.
(A) A tool shed as defined in this section may be placed on any lot in addition to
the permitted number of accessory buildings.
(B) No accessory building used or intended for the storage of passenger
automobiles shall exceed one thousand (1,000) square feet of gross area nor shall any
access door or other opening exceed the height of ten (10) feet, nor shall any structure
exceed one story in height except when the garages are located in Business, Industrial or
Planned Unit Developments. On parcels of twenty thousand (20,000) square feet in area
or less, no detached accessory building or garage shall exceed the size of the principal
building in gross floor area.
(C) An accessory building shall beconsidered as an integral part of the principal
building if it is located six-(6) feet or less from the principal building. The exterior
design and color shall::be the same as that of the principal building or be of an earthen
tone; the height shall not exceed the height of the principal structure unless more
restrictive portions of this section -,prevail.
(D) No accessory building in a commercial or industrial district shall exceed the
height, of the principal building.'
(E) No accessory buildings in apartment developments shall exceed the height of
the principal building.
(F) Accessory buildings in the commercial and industrial districts may be located
to the rear of the principal building, subject to the Building Code and fire zone
regulations.
(G) No detached garages or other accessory buildings in residential districts shall
be located nearer the front lot line than the principal building on that lot, except in AG,
RR, and R-1 districts where detached garages may be permitted nearer the front lot line
than the principal building by resolution of the City Council, except in planned unit
developments or cluster developments.
E-10
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(H) Accessory structures located on lake or stream frontage lots may be located
between the public road and the principal structure provided that the physical conditions
of the lot require such a location and a resolution is issued. In no event shall the structure
be located closer than twenty (20) feet to the public right-of-way.
(I) All accessory buildings over thirty-five (35) square feet in area shall have a
foundation, concrete slab or wind anchor. Buildings larger than one hundred (100)
square feet shall require a building permit regardless of improvement value. Roof loads
and wind loads shall conform to requirements as contained in the Building Code.
(J) The required rear yard setbacks for detached residentialgarages, and storage,
boat, and tool sheds shall be a distance equal to the required side yard setback for each
zoning district, except on through lots when the required rear yard setback in each zoning
district shall apply.
(K) Performance standards for detached agricultural buildings and domesticated
farm animal buildings on parcels of less than twenty (20) acres, shall include the
following:
(1) Setbacks. All animal buildings, feedlots, and manure storage sites
shall be set back as follows:
(2) Slopes. The building, feedlot, or manure storage shall not be placed
on slopes which exceed thirteen percent (13%)
(3) Evidence of =the seasonally high ground water level or mottled soil (as
established by eight and one-half ;[81 ] foot borings) shall not be closer than six and one-
half (61/2) feet to the natural surface ground grade in any area within one hundred (100)
feet of the proposed building and/or feedlot.
(4) No marsh or wetland (as established by the predominant wetland
vegetation and/or soils) shall be utilized for placement of the proposed structure, feedlot,
or grazing area.
(L) The Number of Accessory Buildings.
The number and size of accessory buildings permitted in each zoning district shall be as
follows. No accessory building shall be constructed unless there is adequate room for the
required secondary drainfield site.
Agricultural
Maximum Number and Size of Accessory Buildings
There shall be no limit on the size or number of
accessory buildings so long as the parcel is a nominal
forty (40) acres or more and buildings are agricultural
buildings as defined in 300.13.Subd 3 (A) (5)
Agricultural (Non -conforming)
Up to ten (10) acres
Two buildings with a total area not to exceed one
thousand (1,000) square feet
E-11
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
Over 10, but less than a nominal forty (40)
acres
Rural Residential
Up to 10 Acres (Nominal)
10 Acres to 15 Acres
15 Acres to 20 Acres
Residential - R1, RED and OP
5,000 square feet to 1 Acre
Over 1 Acres to 2 Acres
Over 2 Acres
154.272 TIME OF CONSTRUCTION.
Two buildings with a total area not to exceed two
thousand (2,000) square feet
One 2,000 square feet detached building
an attached garage.
One 2,500 square feet detached building
an attached garage.
One 3,000 square feet detached building
an attached garage.
in addition to
in addition to
in addition to
A combined 1,200 square feet total for both attached and
detached accessory structures or residential garage; the
size of the footprint of the detached structure shall not
exceed thesize of the footprint of the primary structure.
One 1,200 square feet detached residential garage or
building in addition to an attached garage.
1,300 square feet detached residential garage or
building in addition to an attached garage.
No accessory building shall be constructed nor accessory use located on a lot until a
building permit has been issued for the principal building to which it is accessory.
154.273 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
***DAfb***, 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 adiacent
residentially zoned or guided property and comply with Section 21105.10 of this
Ordinance.
(D) Reauired 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 (61
E - 12
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
vehicles ner lane, as measured from and including the last pick ut 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 servi area, including but not limited to
menu boards, order stations, teller windows. and vehicle lights from the stacking lanes,
shall be screened from adiacent residentially zoned or guided property n irsuant to
Section 2113003 of this Ordinance.
154.274 DRIVE-IN BUSINESS
(A) Traffic And Parking: Traffic and parking arrangements shall be so planned
and arranged as not to cause a public nuisance`
(B) The entire area of any drive-in business shall have a drainage system
approved by the City Engineer.
(C) The entire area, other than that occupied by structures or plantings, shall be
surfaced with a hard surface material which will control dust and drainage.
D) A box curb at least six (6).inches above grade shall separate the public walk
fr
area ror e lot, except as approved entrance or drives.
(E) A fence or screen of acceptable design not over six (6) feet in height nor less
than four (4) feet which is at least fiftv percent (50%) opaque throughout its height shall
be constructed along the property line abutting a residential district and the fence or
screen shall be adequately maintained. The fence shall not be required in front of the
setback line.
(E) In the case of a drive-in theater, a solid fence not less than eight (8) feet in
height and extending at least to within two (2) feet of the ground shall be constructed
around the property.
(F) General.
E - 13
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(1) No person shall construct, operate, or maintain a drive-in business
within the community without first obtaining site and building plan approval.
(2) Any drive-in business serving food or beverages may also provide, in
addition to vehicular service areas, in -door food and beverage service.
(3) The hours of operation shall be set forth as a condition of any drive-in
business approval.
(4) Each drive-in business serving food may have outside seating.
(5) Each food or beverage drive-in business shall place refuse receptacles
at all exits as well as one (1) refuse receptacle per ten (10) vehicle parking spaces within
the parking areas.
(6) Landscaped planting islands as stipulated in 300.13, Subd. 6 (B) (6)
shall be required.
(G) Locations.
(1) No drive-in business shall be located within four hundred (400) feet of
a public or private school, church, public recreation area, or any residential district.
(2) No drive-in business shall be located so that it may increase traffic
volumes on nearby residential streets.
(3) No drive-in shall be located on any street other than one designated as
a thoroughfare or business service road in the Comprehensive Plan.
(H) Site Plan.
(1) The site plan shall clearly indicate suitable storage containers for all
waste material. All commercial refuse containers shall be screened.
(2) A landscaping plan shall be included and shall set forth complete
specifications for plant materials and other features.
(3) Adequate area shall be designated for snow storage so that clear
visibility shall be maintained from the property to any public street.
(4) The design of any structure shall be compatible with other structures
in the surrounding area.
(5) No drive-in business shall be located on a lot less than thirty thousand
(30,000) square feet.
E-14
DRAFT Zoning Ordinance September 20, 2006
City of Lake Elmo Portion 16
(6) Electronic devices such as loudspeakers, automobile service order
devices, drive-in theater car speakers and similar instruments shall not be located within
four hundred (400) feet of any residentially zoned or used property, nor within two
hundred (200) feet of any adjacent lot regardless of use or zoning district.
(7) No service shall be rendered, deliveries made, or sales conducted
within the required front yard; customers serviced vehicles shall be parked to the sides
and/or rear of the principal structure.
(8) No permanent or temporary signs visible from the public street shall
be erected without specific approval in the permit.
(9) No plan shall be approved which will in any way constitute a hazard
to vehicular or pedestrian circulation. No access drive shall be within fifty (50) feet of
intersecting street curb lines.
(I) Violation of any applicable law ordinance in the conditions of the'permit
shall be cause for permit revocation or suspension :(Notice of Violations and Hearings).
(J) The lighting shall be designed so as to have no direct source of light visible
from the public right-of-way or adjacent land in residential use.
E - 15
Proposed language
154.226 (amend D and add E)
(D) No vehicle or trailer may be used as the principal location of a business.
except for temporary construction trailers or mobile services operated by
public service agencies (i.e. bookmobile. bloodmobile. etc.)
(E) No vehicles. trailers. or cargo containers may be used for office. business.
industrial manufacturing. testing. or storage. except for trailers parked in a
designated and improved loading area and vehicles parked under section (C)
above.
9