HomeMy WebLinkAbout01 - 2013 Full Ordinance Book2013 ORDINANCES
ORDINANCE
DATE
TITLE
2008 — 065
1 —15
Amending the Lake Elmo City Code of Ordinances
by Requiring a Security Escrow for Construction in
Lake Elmo, Minnesota
08 — 066
1 —15
Amending the Lake Elmo City Code of Ordinances
By Establishing Landscaping Standards to Maintain
Minimum Requirements for Property Maintenance
in Lake Elmo, Minnesota
08 — 067
2-5
Amending the Therapeutic Massage Chapter of the
Business Regulations to Revise the Educational
Criteria Required for a City License for the Practice
of Therapeutic Massage in the City of Lake Elmo
08 — 068
2-5
Setting Municipal Fees for Calendar Year 2013
08 — 069
2 —19
Amending the Lake Elmo City Code of Ordinances
By Establishing Licensing Requirements for
Contractors to Ensure Competency and
Professionalism in Construction Activities in Lake
Elmo, Minnesota
08 — 070
2 — 19
Amending the Lake Elmo City Code of Ordinances
by Adopting a New Planned Unit Development
Ordinance to Incorporate Best Practices Related to
the Execution of Planned Developments
08 — 071
3-5
Amending the Zoning Ordinance Concerning Urban
Residential District Standards
08 — 072
3-5
Amending the Subdivision Ordinance Related to
Planned Unit Developments and Public Land
Dedication Requirements
08 — 073
3 — 19
Amending the Lake Elmo City Code of Ordinances
By Adopting Rural District Standards and Adding a
New RT Rural Development Transitional District to
the Zoning Ordinance
08 — 074
9 — 17
Amending the Parks and Recreation Chapter of the
Lake Elmo City Code of Ordinances Governing
Water Surface Use
08 — 075
5-7
Amending the Lake Elmo City Code of Ordinances
by Adopting the 2006 Edition of the International
Property Maintenance Code as Amended
08 — 076
5-7
Amending Chapter 154 of the Lake Elmo City
Code of Ordinances by Adopting a New Official
Zoning District Map
12-18-13
08 — 077
5-7
Amending the Lake Elmo City Code of Ordinances
by Adopting Tree Preservation Standards for All
Development and Major Grading Activities
08 — 078
5-7
Amending the Lake Elmo City Code of Ordinances
by Adopting New Off -Street Parking and Loading
Regulations for All Use Classifications in the Lake
Elmo Zoning Code
08 — 079
5 — 21
Amending Municipal Fees for Calendar Year 2013
08 — 080
5 — 21
Amending the Lake Elmo City Code of Ordinances
by Adopting Specific Development Standards for
Various Use Classifications in the Lake Elmo
Zoning Code.
08 — 081
6-4
Amending the Alcoholic Beverages Chapter of the
Business Regulations of the City of Lake Elmo
08 — 082
6 —18
Amending the Lake Elmo City Code of Ordinances
by Adopting New Signage Regulations in the Lake
Elmo Zoning Code
08 — 083
NOT
Amending the Lake Elmo City Code of Ordinances
APPROVED
by Establishing Licensing and Registration
Requirements for Other Commercial Activities in
Lake Elmo, Minnesota
08 — 084
7-2
Amending Municipal Fees
08 — 085
7-2
Amending the Lake Elmo City Code of Ordinances
by Adopting New Administrative and Enforcement
Provisions in the Lake Elmo Zoning Code
08 — 086
7 — 16
Amending the Lake Elmo City Code of Ordinances
By Adopting New Fencing Regulations in the Lake
Elmo Zoning Code
08 — 087
8 — 20
Amending the Lake Elmo City Code of Ordinances
by Adopting New Landscape Requirements in the
Lake Elmo Zoning Code
08 — 088
10 — 15
Amending the Animals Chapter of the General
Regulations of the City of Lake Elmo
08 — 089
10 — 15
Amending Municipal Fees
08 — 090
10 — 15
Amending Section 150.277 of the Lake Elmo City
Code of Ordinances Governing Storm Water and
Erosion and Sediment Control
08 — 091
11— 6
Amending the Lake Elmo City Code of Ordinances
by Adding a VMX — Village Mixed Use Zoning
District to the Zoning Ordinance
08 — 092
11 — 6
Amending Section 32.081 of the Lake Elmo City
Code of Ordinances Governing City Organizations
08 — 093
11 — 19
Implementing the City Electrical Permitting and
Ins ection Program
08 — 094
11 — 19
Amending Municipal Fees to Incorporate Electrical
Permit Fees
12-18-13
08 — 095
11 — 19
Adopting the Lake Elmo Design Standards Manual
and Establishing Design Review Procedures in the
Urban Residential and Commercial Zoning Districts
08 — 096
12 — 3
Amending the Lake Elmo City Code of Ordinances
by Amending the City's Driveway Requirements
08 — 097
12 —17
Setting Municipal Fees for Calendar Year 2014
12-18-13
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-65
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
REQUIRING A SECURITY ESCROW FOR CONSTRUCTION IN LAKE ELMO, MINNESOTA.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 153: Building Regulations, by removing the following
language:
S153.022 BOND OR CASH DEPOSIT TO PROTECT PERMANENT STREETS OR CURBS
On any new construction for property abutting a permanent street, a bond or cash
deposit shall be required to protect against damage to the permanent street, curb, or
other public property or improvement occurring by reason of construction. Fees for
the bond/deposit are set forth from time to time by resolution of the Council.
(1997 Code, 5 505.08) Penalty, see 5 10.99
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 153: Building Regulation, by adding the following language:
5153.022 SECURITY ESCROW FOR CONSTRUCTION
A. Security Escrow. A security escrow in an amount established by the city's Fee
Schedule or Building Official shall be paid before a building permit is issued for
the construction of all new structures and other construction related projects
at the discretion of the city. The security shall be returned to the applicant
upon the successful completion of the following:
1. Compliance with the State Building Code;
2. Compliance with the City of Lake Elmo City Code; and
3. Compliance with specified requirements as determined by the Building
Official.
B. Purpose. The security may be used at any time for the remediation of
construction related damage or debris on and around the site and other
violations of the City Code, including, but not limited to, erosion control,
street maintenance, and landscaping. If the security items are not completed
within six months of start of construction, excluding the time between
November 1 and April 1, or upon the builder filing bankruptcy, or if the job is
abandoned for 30 days or more, the city may enter the lot, perform the work,
and apply the security toward the cost, plus administrative fees.
C. Action against the financial security. The city shall use the security to finance
remedial work undertaken by the city, or a private contractor under contract
to the city including a fee to the city for processing equal to 10% of the any
contractor(s) invoice for materials and services, to reimburse the city for all
costs incurred in the process of remedial work including, but not limited to,
staff time, engineering fees and attorney's fees.
D. Maintenance of financial security. If at any time the financial security is
drawn upon, the applicant may be required to submit additional security to
restore the security to the full amount as originally established. Restoring the
full security is a requirement prior to resuming work on the site
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-65 was adopted on this fifteenth day
of January 2013, by a vote of 4 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-65 was published on the 30th day of January , 2013.
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKT)AT,F,/T,AKF F,T,MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-65
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 30TH day of
JANUARY 20 U and was thereafter printed and published on every to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefghijklmnopq rstuvwxyz
Subscribed and sworn to before me on
t is 30TH day of J NUARY on 13
BY: aVVL� —M. 1&�L
TITLE LEGAL COORDINATOR
Ij otary Public
*Alphabet should be in the same size and kind of type as the notice.
TONYA R. WHITEHEA[
Notary Public-Minnesotali RATE INFORMATION
Sees'
Nlv Commission Expires Jan 31, 201 Fv
n
(1) Lowest classified rate paid by
commercial users for comparable space ..........................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter ..............................
01 /13
$25.00 per col. inch
......$25.00 per col. inch
.$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-65
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY REQUIRING A
SECURITY ESCROW FOR
CONSTRUCTION IN LAKE ELMO,
MINNESOTA.
SECTION 1. The City Council of
the City of Lake Elmo hereby
amends Title XV: Land Usage;
Chapter 153: Building
Regulations, by removing the
following language:
§153.022 BOND OR CASH
DEPOSIT TO PROTECT
PERMANENT STREETS OR
CURBS
On any new construction for
property abutting a permanent
street, a bond or cash deposit shall
be required to protect against
damage to the permanent street,
curb, or other public property or
improvement occurring by reason of
construction. Fees for the
bond/deposit are set forth from time
to time by resolution of the Council.
SECTION 2. The City Council of
the City of Lake Elmo hereby
amends Title XV: Land Usage;
Chapter 153: Building Regulation,
by adding the following language,
§153.022 SECURITY ESCROW
FOR CONSTRUCTION
A. Security Escrow. A security
escrow in an amount established by
the city's Fee Schedule or Building
Official shall be paid before a
building permit is issued for the
construction of all new structures
and other significant construction
related projects at the discretion of
the city. The security shall be
returned to the applicant upon the
successful completion of the
following:
1. Compliance with the State
Building Code;
2. Compliance with the City of Lake
Elmo City Code; and
3. Compliance with specified
requirements as determined by the
Building Official,
B. Purpose. The security may be
used at any time for the remediation
of construction related damage or
debris on and around the site and
other violations of the City Code,
including, but not limited to, erosion
control, street maintenance, and
landscaping. If the security items are
not completed within six months of
start of construction, excluding the
time between November 1 and April
1, or upon the builder filing
bankruptcy, or if the job is
abandoned for 30 days or more, the
city may enter the lot, perform the
work, and apply the security toward
the cost, plus administrative fees.
C. Action against the financial
security. The city shall use the
„ork
ab.:w.,y cu unarice lumt,("ai �,
undertaken by the city, or a private
contractor under contract to the city
including a fee to the city for
processing equal to 10 % of the any
contractor(s) invoice for materials
and services, to reimburse the city
for all costs incurred in the process
of remedial work including, but not
limited to, staff time, engineering
fees and attorney's fees.
D. Maintenance of financial security.
If at any time the financial security is
drawn upon, the applicant may be
required to submit additional security
to restore the security to the full
amount as originally established.
Restoring the full security is a
requirement prior to resuming work
on the site
SECTION 3. Effective Date. This
ordinance shall become effective
immediately upon adoption and
publication in the official newspaper
of the City of Lake Elmo.
SECTION 4. Adoption Date.
This Ordinance 08-65 was adopted
on this fifteenth day of January 2013,
by a vote of 4 Ayes and 0 Nays.
/s/ Mike Pearson, Mayor
ATTEST: /a/Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Jan.
30, 2013)
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT.F,/T,AKF, F,T,MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-65
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 30" day of
JANUARY , 2013 _ and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABC DEFGH IJKLM NOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefghijklm nopq rstuvwxyz
Subscribed and sworn to before me on
t is 30TH day of JANUARY 0 13
BY: OMIU f �'e, ,
TITLE LEGAL COORDINATOR
Ootary Public
*Alphabet should be in the same size and kind of type as the notice.
TQNYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
MY Commission Expires Jan 31 2015
(1) Lowest classified rate paid by
commercial users for comparable space .........................................
(2) Maximum rate allowed by law for the above matter ....................
(3) Rate actually charged for the above matter .................
01/13
.....$25.00 per col. inch
..................$25.00 per col. inch
.$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-65
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY REQUIRING A
SECURITY ESCROW FOR
CONSTRUCTION IN LAKE ELMO,
MINNESOTA.
SECTION 1. The City Council of
the City of Lake Elmo hereby
amends Title XV: Land Usage;
Chapter 153: Building
Regulations, by removing the
following language:
§153.022 BOND OR CASH
DEPOSIT TO PROTECT
PERMANENT STREETS OR
CURBS
On any new construction for
property abutting a permanent
street, a bond or cash deposit shall
be required to protect against
damage to the permanent street,
curb, or other public property or
improvement occurring by reason of
construction. Fees for the
bond/deposit are set forth from time
to time by resolution of the Council.
SECTION 2. The City Council of
the City of Lake Elmo hereby
amends Title XV: Land Usage;
Chapter 153: Building Regulation,
by adding the following language:
§153.022 SECURITY ESCROW
FOR CONSTRUCTION
A. Security Escrow. A security
escrow in an amount established by
the city's Fee Schedule or Building
Official shall be paid before a
building permit is issued for the
construction of all new structures
and other significant construction
related projects at the discretion of
the city. The security shall be
returned to the applicant upon the
successful completion of the
following:
1. Compliance with the State
Building Code;
2. Compliance with the City of Lake
Elmo City Code; and
3. Compliance with specified
requirements as determined by the
Building Official.
B. Purpose. The security may be
used at any time for the remediation
of construction related damage or
debris on and around the site and
other violations of the City Code,
including, but not limited to, erosion
control, street maintenance, and
landscaping. If the security items are
not completed within six months of
start of construction, excluding the
time between November 1 and April
1, or upon the builder filing
bankruptcy, or if the job is
abandoned for 30 days or more, the
city may enter the lot, perform the
work, and apply the security toward
the cost, plus administrative fees.
C. Action against the financial
security the
i oe city shall us,;
aanry to finance remedial work
undertaken by the city, or a private
contractor under contract to the city
including a fee to the city for
processing equal to 10% of the any
contractor(s) invoice for materials
and services, to reimburse the city
for all costs incurred in the process
of remedial work including, but not
limited to, staff time, engineering
fees and attorney's fees.
D. Maintenance of financial security.
If at any time the financial security is
drawn upon, the applicant may be
required to submit additional security
to restore the security to the full
amount as originally established.
Restoring the full security is a
requirement prior to resuming work
on the site
SECTION 3. Effective Date. This
ordinance shall become effective
immediately upon adoption and
publication in the official newspaper
of the City of Lake Elmo.
SECTION 4. Adoption Date.
This Ordinance 08-65 was adopted
on this fifteenth day of January 2013,
by a vote of 4 Ayes and 0 Nays.
/at Mike Pearson, Mayor
ATTEST: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Jan.
30, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-66
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ESTABLISHING LANDSCAPING STANDARDS TO MAINTAIN MINIMUM REQUIREMNETS
FOR PROPERTY MAINTENANCE IN LAKE ELMO, MINNESOTA.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 150: General Provisions, by adding the following language:
5150.76 TURF ESTABLISHED. Turf must be established by the use of grass seed or sod
on all lots, with -in sixty (60) days of the issuance of a Certificate of Occupancy,
excluding the time between October 1st and May 1st. Turf must be established on all
new developed lots by July 1st, 2013. Alternate landscape plans, other than turf, shall
be approved by city staff prior to installation.
5150.77 COMMERCIAL AND INDUSTRIAL PROPERTY MAINTENANCE. All
commercial/industrial properties shall maintain trees shrubs, landscaping, parking
lots, and exterior signage. Dead trees and shrubs are to be replaced with -in (4)
months of notice.
5150.78 CONSERVATION OF VEGETATION. No person shall make any unauthorized use
of any public site or open space which is detrimental to the turf and or soil
conditions.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-66 was adopted on this fifteenth day
of January 2013, by a vote of 4 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-66 was published on the 30th day of January , 2013.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-067
AN ORDINANCE AMENDING THE THERAPEUTIC MASSAGE CHAPTER OF THE BUSINESS
REGULATIONS TO REVISE THE EDUCATIONAL CRITERIA REQUIRED FOR A CITY
LICENSE FOR THE PRACTICE OF THERAPEUTIC MASSAGE IN THE CITY OF LAKE ELMO
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI:
Business Regulations; Chapter 114: Therapeutic Massage, as follows:
5114.015 DEFINITIONS
As used in this chapter, the following words and terms shall have the meaning
stated:
ACCREDITED INSTITUTION. An educational institution currently holding
accredited status from the North Central Association of Colleges and Schools
(NCA) or another regional accrediting agency approved by the United States
Department of Education or is licensed or registered by the state agency having
jurisdiction over the school. The accredited institution must also be in
compliance with the National Certification Board for Therapeutic Massage and
Bodywork or other nationally recognized certification licensing organizations.
ACCREDITED PROGRAM. A professional massage program currently holding
accredited status by the Commission on Massage Therapy Accreditation
(COMTA), or a comparable national or regional organization which is approved
by the United States Department of Education for its accrediting program for
compliance with quality and competency standards through a process of
periodic peer review and self -study. The accredited program must also be in
compliance with the National Certification board for Therapeutic Massage and
Bodywork or other nationally recognized certification licensing organization.
5114.06 GENERAL LICENSE RESTRICTIONS.
A. Educational Requirements. Persons applying for a license under this Chapter
shall provide, in addition to the general application described later in this
Chapter,
1. one of the following: a GGPY of a dipiema-er-GeFtiflGate of graduat;9;
shall be established fide hi RdFed (500) nr aitinnor hey irr Aidditiem2ll�i
1
ear=i--pFar=titi9^c.reF must be r=uFFeRtI�{tifie icy T-tche adMiRistpatiGR 9tf
Proof of successful completion of a minimum of 500 hours of
therapeutic massage training/coursework that includes subjects
of anatomy, physiology, hygiene, ethics, massage theory and
research, and massage practice from an accredited institution or
program; or
b) A diploma or certificate of graduation from a comprehensive
massage therapy program consisting of the course work stated
above in subclause a. issued to the applicant from an accredited
institution or an accredited program; or
c) Proof of passing the National Certification Exam offered by the
National Certification Board for Therapeutic Massage and
Bodywork or proof of passing the Federation of State Massage
Therapy Boards (FSMTB) Massage and Bodywork Licensing
Examination (MBLEx); or;
Proof of having completed at least 100 hours of therapeutic
massage training/course work that includes subiects of anatomy,
physiology, hygiene, ethics, massage theory and research, and
massage practice from an accredited institution or program, as
defined in section 114.015, Definitions, of this chapter, and has
practiced massage therapy in the City of Lake Elmo, for
compensation for at least five years immediately preceding the
date of the application. This form of eligibility will be accepted
until January 1, 2014; and
e) Such other information as the city shall require; and
2. proof of current certification in the administration of Cardiopulmonary
Resuscitation (CPR). This certification must remain valid at all times.
SECTION 8. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 9. Adoption Date. This Ordinance 08-067 was adopted on this 5th day of
February 2013, by a vote of -9- Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-067 was published on the f3ay of FZB&VARY , 2013.
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT,F/T,AKF. FT,MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-067
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 13TH day of
FEBRUARY , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABC DEFGHIJKLMNOPQRSTUVWXYZ
*abcdefgh ijklmnopgrstuvwxyz
Subscribed and sworn to before me on
I
13TH day of FE RUARY 13
. f —4e.)A- 3-� 'I -& Ik 0 A'-Xl
BY: ►M 1. 7UL
TITLE LEGAL COORDINATOR
otary Public
*Alphabet should be in the same size and kind of type as the notice.
`��1 ONYA Ft. WH{TEHEAD
§d..
Rotary PubUc-Minnesota RATE INFORMATION
My commission Expires Jon 31, 2015
.r��nrwww'
(1) Lowest classified rate paid by
commercial users for comparable space.........................................................
(2) Maximum rate allowed by law for the above matter.........
(3) Rate actually charged for the above matter ..................
01 /13
$25.00 per col. inch
....$25.00 per col. inch
.............................$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-067
AN ORDINANCE AMENDING
THE THERAPEUTIC MASSAGE
CHAPTER OF THE BUSINESS
REGULATIONS TO REVISE THE
EDUCATIONAL CRITERIA
REQUIRED FOR A CITY LICENSE
FOR THE PRACTICE OF
THERAPEUTIC MASSAGE IN
THE CITY OF LAKE ELMO
SECTION 1 The City Council of
the City of Lake Elmo hereby
amends Title XI: Business
Regulations; Chapter 114:
Therapeutic Massage, as follows:
§114.015 DEFINITIONS
As used in this chapter, the
following words and terms shall have
the meaning stated:
ACCREDITED INSTITUTION. An
educational institution currently
holding accredited status from the
North Central Association of
Colleges and Schools (NCA) or
another regional accrediting agency
approved by the United States
Department of Education or is
licensed or registered by the state
agency having jurisdiction over the
school. The accredited institution
must also be in compliance with the
National Certification Board for
Therapeutic Massage and Bodywork
or other nationally recognized
certification licensing organizations.
ACCREDITED PROGRAM. A
professional massage program
currently holding accredited status
by the Commission on Massage
Therapy Accreditation (COMTA), or
a comparable national or regional
organization which is approved by
the United States Department of
Education for its accrediting program
for compliance with quality and
competency standards through a
process of periodic peer review and
self -study. The accredited program
must also be in compliance with the
National Certification board for
Therapeutic Massage and Bodywork
or other nationally recognized
certification licensing organization.
§114.06 GENERAL LICENSE
RESTRICTIONS.
A. Educational Requirements.
Persons applying for a license under
this Chapter shall provide, in addition
to the general application described
later in this Chapter,
1. one of the following: a eee M a
Nerwa.. vr—rev-�evr:ee�+-T.hs
'siratiUh'"L f'h'
Transaction Agent Mortgage ID No:
100077910005373762
Lender or Broker: Decision One
Mortgage Company, LLC
Servicer: Bank of America, N.A.
Mortgage Originator: Decision One
Mortgage Company, LLC
DATE AND PLACE OF
RECORDING: Recorded January
09, 2006,Washington County
Registrar of Titles, Document No.
1163890 Against Certificate of Title
no. 61206.
ASSIGNMENTS OF MORTGAGE:
Assigned to: The Bank of New York
as Trustee for the Certificateholders
CWALT, Inc. Alternative Loan Trust
2006-OC2 Mortgage Pass -through
Certificates, Series 2006-OC2
Dated: February 06, 2009,Recorded
March 11, 2009,Washington County
Registrar of Titles, Document No.
1189938 Against Certificate of Title
no. 61206.
LEGAL_ DESCRIPTION OF
PROPERTY: Lot Twelve (12), Block
One (1), Hidden Valley 7th Addition,
according to the recorded plat
thereof on file and of record in the
office of the Registrar of Titles in and
for Washington County, Minnesota.
Torrens Certificate No. 61206
REGISTERED PROPERTY: Yes
TAX PARCEL NO.:
08.027.21.13.0103
ADDRESS OF PROPERTY:
7303 Hidden Valley Lane S
Cottage Grove, MN 55016
COUNTY IN WHICH PROPERTY
IS LOCATED: Washington
ORIGINAL PRINCIPAL AMOUNT
OF MORTGAGE: $340,000.00
AMOUNT DUE AND CLAIMED TO
BE DUE AS OF DATE OF NOTICE,
INCLUDING TAXES, IF ANY, PAID
BY MORTGAGEE: $469,363.98
That prior to the commencement of
this mortgage foreclosure
oror ep"ir - I of ks/Ac inn ,-f
Resuscitation (.CPR) This
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 08-068
AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2013
The Lake Elmo City Council hereby adopts the following fee schedule for calendar year
2013 and directs that it be added to the Lake Elmo Municipal Code as Appendix A.
Appendix A — 2013 Fee Schedule
ADOPTION DATE: Passed by the Lake Elmo City Council on the 5th day of February, 2013.
CITY OF LAKE ELMO
By:
Mike Pearson
Mayor
ATTEST:
City Clerk
EFFECTIVE DATE: This ordinance shall become effective immediately upon adoption and
publication.
PUBLICATION DATE: Published on the Nay of V 2013.
ORDINANCE 08-068
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDA1,F/I,AKF FI,MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-068
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 13TH day of
FEBRUARY , 20 13 and was thereafter printed and published on every to and
including the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFG HIJKLMNOPQRSTUV WXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*abcdefgh ijklmnopgrstuvwxyz
Subscribed and sworn to before me on
this 13TH day of FE RUARY 13
BY: a" -M. DLI�
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
T(aNi'A R. V19HlTEHEAJ
Notary Public -Minnesota RATE INFORMATION
,�. nay Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .................................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
.......$25.00 per col. inch
$25.00 per col. inch
....$ per col. inch
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 08-068
AN ORDINANCE SETTING
MUNICIPAL FEES FOR
CALENDAR YEAR 2013
The Lake Elmo City Council hereby
adopts the following fee schedule for
calendar year 2013 and directs that it
be added to the Lake Elmo Municipal
Code as Appendix A.
Appendix A— 2013 Fee Schedule
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 5th
day of February, 2013.
EFFECTIVE DATE: This ordinance
shall become effective immediately
upon adoption and publication.
Ayes: 4
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Feb.
13, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-069
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ESTABLISHING LICENSING REQUIREMENTS FOR CONTRACTORS TO ENSURE
COMPETENCY AND PROFESSIONALISM IN CONSTRUCTION ACTIVITIES IN LAKE ELMO,
MINNESOTA.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI:
Business Regulations; Chapter 115: Building Contractors, by adding the following
language:
9115.01 POLICY. It is deemed in the interest of the public and the residents of the city
that the work involved in building, alteration, construction, and the installation of
various appliances and service facilities in and for such buildings be done only by
individuals that have demonstrated or submitted evidence of their competency to
perform such work in accordance with applicable codes and ordinances of the city
regulating the same.
5115.02 LICENSE AND PERMIT REQUIRED
A. License Required
1. No person, firm or corporation shall operate, maintain, conduct or engage in the
following businesses or work, except in accordance with state statutes, this code
and other applicable ordinances of the city.
a. Demolition- Residential Dwelling, Commercial Structure
b. Driveway
c. Excavation
d. HVAC
e. Irrigation
f. Sewer line installer
g. Water line installer
1
h. Sign Installer
i. Right of way
2. This subsection shall not be construed as preventing any such qualified licensee
from performing the work by an employee under his/her supervision and control,
or by contract with another person qualified to perform the same; provided that
the contractor is subject to the control of the licensee, and the licensee is at all
times responsible for the work performed. A contractor not subject to the
control of a licensee shall be required to obtain a license.
B. Permit Required. For each of the businesses or occupations listed in subsection Al
of this section for which the State of Minnesota provides for the registration
thereof, permits shall be granted only to holders of a state or city license; except
that the owner of any property may perform work when work is performed in
accordance with the codes and ordinances of the city, and for such purpose, a
permit may be granted to such owner without a licensed obtained.
S115.03 APPLICATION FOR LICENSE; INSURANCE REQUIREMENTS; ISSUANCE OR DENIAL
A. Contents of Application; Insurance:
1. Applications for a license shall be made on forms provided by the city clerk. On
such form, the applicant shall state the following information:
a. His/her name, and business and home address; and if the application is made
on behalf of a partnership, association or corporation, the name and address of
such partnership, association or corporation, and the phone number of the
contact person.
b. If the proposed licensee is a partnership, the name and home addresses of all
partners; or if the proposed licensee is an association or corporation, the names
and home addresses of its principal officers and managers and of the owners
(not to exceed 10) or the largest shareholders of the business or enterprise.
c. Such information as is required to be furnished by ordinance or is reasonably
required by the city clerk or other applicable city departments.
2. The application shall include documentation indicating insurance coverage,
which shall remain in effect during the license term, and non -cancellation
provisions, which provide a minimum of thirty (30) days' notice to the City prior
to cancellation, as follows:
a. Comprehensive general liability insurance not less than one hundred thousand
dollars ($100,000.00) for injuries including accidental death to any one person,
and subject to the same limit for each person in an amount of not less than
three hundred thousand dollars ($300,000.00) on account of any one accident;
b. Property damage insurance not less than fifty thousand dollars ($50,000.00) for
each accident and not less than one hundred thousand dollars ($100,000.00)
aggregated; and
c. Workers compensation insurance coverage of employees as required by State
law.
B. Signatures Required. The proposed licensee shall sign the application; or if the
proposed licensee is a partnership, an association or corporation, at least one
person having power under its bylaws to execute contracts of the association or
corporation shall sign.
C. Renewal Applications. Applications for renewals of licensee may, in the interest of
brevity, substitute for any required information a reference to statements
contained in previous applications, which are on file with the city.
D. Issuance of License. The license shall be granted by the city clerk, after positive
recommendations from applicable city staff, upon proof of the applicant's
qualifications, and compliance with section 115.04 of this chapter.
E. Denial of License; Appeal. In the event the city clerk determines that the
application does not comply with the ordinance criteria, the report and
recommendation of the city clerk and applicable staff shall be referred to the city
council, together with the reason or reasons for the proposed denial. A copy of the
recommendation shall be supplied to the applicant. The applicant may appear
before the city council to respond to the recommendation of denial. The city
council shall make the appropriate findings and either issue or deny the license
application.
S115.04 STANDARDS FOR LICENSE ISSUANCE; TERM
A. Standards for Issuance Generally; Term. Licenses and renewals thereof shall be
issued after a verification of the applicant's qualification and record in the
performance and operation of the types of work for which the applicant seeks a
license. Licenses shall be issued for one calendar year from January 1 through
December 31. New licenses will run from date of issuance through December 31.
B. Standards for Denial. Licenses and renewals therefore may be denied by the city
council for any of the following reasons:
1. Failure to complete the application or file the required license fee or insurance
policy.
2. Misstatement in the application.
3. Failure to comply with special conditions required by statue or ordinance for
issuance of a license.
4. Violations of licensing ordinances by applicant, or suspension or revocation
licenses held by the applicant in the city or elsewhere.
5. Violation of any state statute or city code provision which creates a threat to the
public peace, health, safety and welfare.
6. Disregard and violation of the building, housing, sanitary, health, and fire laws of
the state, county, or city.
7. Any conduct which is contrary to the public interest, including, but not limited
to, fraud, misrepresentation, or other dishonest or deceitful conduct.
9115.05 LICENSE FEE; EXEMPTION. The annual fee for license shall be established by
ordinance of the city council from time to time. No license fee shall be required of
any person, firm or corporation, pursuant to this section, who, by state law, is
required to attain standards of competency or experience as a prerequisite to
engaging in such craft or profession; provided that the person shall provide evidence
to the city that the individual, firm or corporation has a license in good standing from
the state, and further provides proof of insurance in effect through the term of
license issued by the state.
5115.06 SUSPENSION OR REVOCATION OF LICENSE
A. Grounds for suspension or revocation. If any licensee violates or is in default of
complying with any condition, requirement, duty or rule of conduct imposed on
him/her by any statue or ordinance, or if any one or more of the following
conditions exist, the city clerk may initiate proceedings before the city council to
suspend or revoke the licensee's license:
1. If the applicant for a license or renewal thereof knowingly made any false
statements in the application for a license.
2. When the applicant has violated any state statute or city code provision which
creates a threat to the public peace, health, safety and welfare.
9
3. When there is disregard and violation of the building, housing, sanitary, health
and fire laws of the state, county or city.
4. For failure to notify the city of any change in control of ownership, management
or business name or location within thirty (30) days of such change.
5. Conducting a building contracting business in any name other than the one for
which the contractor is licensed.
6. Any conduct which is contrary to the public interest, including, but not limited
to, fraud, misrepresentation or other dishonest or deceitful act.
B. Procedures for Suspension or Revocation. Procedures for suspension or revocation
shall be as follows:
1. The licensee shall be provided with notice of the reasons for any proposed
suspension or revocation. The notice shall provide the licensee with an
opportunity to explain the rationale for the proposed suspension or revocation.
2. The licensee shall be notified in advance of the date, time, place and purpose of
the council meeting where the action on the license will be considered. The
licensee shall have an opportunity to be heard at the meeting. After making
appropriate findings, the council may continue the license in effect, impose
conditions on the license or revoke the license.
S115.07 EXEMPTIONS FROM PROVISIONS. No license will be required under this chapter
in the following circumstances:
A. For public service corporations performing work upon or in connection with their
own property, except as may be provided by other provisions of this code.
B. For manufacturers for work incorporated with equipment as a part of the
manufacturing, except as provided in other provisions of this code.
5115.08 EFFECT ON LIABILITY. This chapter shall not be construed to affect the
responsibility or liability for any party owning, operating, or installing the work
described in this chapter for damages to persons or property caused by any defect
therein, nor shall the city be held as assuming any such liability by reason of the
licensing of persons engaged in such work.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
5
SECTION 3. Adoption Date. This Ordinance 08-069 was adopted on this 19th day of
February 2013, by a vote of - Ayes and O Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-069 was published on the 21'day of FE9P-vg2Y , 2013.
2
Affidavit of Publication
State of Minnesota 1
((
County of Washington SS
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT,F/T,AKF FT MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE 08-069
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 27TH day of
FEBRUARY , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefgh ij klm nopq rstuvwxyz
Subscribed and sworn to before me on
t is 27TH day of FEBRUARY 12 13
JA
BY: 04't'w ! /.
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
Notary Publlc-Mlnnesota RATE INFORMATION
any Commission Expires Jan 31, 2015
+rvera,°viivvvvv
(1) Lowest classified rate paid by
commercial users for comparable space ......................................................
(2) Maximum rate allowed by law for the above matter ....................................
(3) Rate actually charged for the above matter .................................................
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE 08-069
AN ORDINANCE TO
ADD CHAPTER 115 —
BUILDING CONTRACTORS
Section 1: Ordinance No 08-
069. The City Council of the
City of Lake Elmo has
adopted Ordinance No. 08-
069, which represents a
revision to the City Code,
specifically establishing
additional licensing
requirements for contractors
to ensure competency and
professionalism in
construction activities in Lake
Elmo. The adopted additions
include:
1. Specification of what types
of work require contractor
licensure
2. Specification of what types
of work require city licensing
3. Process and requirements
for obtaining a contractor
license
4. Suspension and revocation
of license procedures
5. Fees and exemptions from
the provisions.
The full text of Ordinance No.
08-069 is available for
inspection at Lake Elmo city
hall during regular business
hours.
Section 2• Effective Date:
This ordinance becomes
effective after the date of its
summary publication.
ADOPTION DATE: Adopted by
Lake Elmo City Council on the
nineteenth day of February
2013.
Ayes: 5
Nays: 0
/s/ Mike Pearson, Mayor
Attest:
/s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Feb.
27, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-070
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING A NEW PLANNED UNIT DEVELOPMENT ORDINANCE TO INCORPORATE
BEST PRACTICES RELATED TO THE EXECUTION OF PLANNED DEVELOPMENTS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.070
through 154.075 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 17. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
9154.800 Intent
5154.801
Identified Objectives
5154.802
Allowed Development
5154.803
Minimum Requirements
5154.804
Density
5154.805
Coordination with Other Regulations
S154.806
Phasing and Guarantee of Performance
S154.807
Control of Planned Unit Development
5154.808 Procedures for Processing a Planned Unit Development
S154.809 Application Requirements for General Concept Plan and Final Plan
5154.810 City Cost
§154.800 Intent
This article establishes the procedures and standards for the development of areas as
unified, planned developments in accordance with the intent and purpose of this
zoning ordinance and the applicable policies of the Comprehensive Plan. Because of
the larger size of PUDs and to help achieve the identified objectives for planned unit
development sites, this article provides for flexibility in the use of land and the
placement and size of buildings in order to better utilize site features and obtain a
higher quality of development. Approval of a planned unit development shall result in
a zoning change to a specific PUD district, with specific requirements and standards
that are unique to that development.
§154.801 Identified Objectives
When reviewing requests for approval of a planned unit development, the City shall
consider whether one or more of the objectives listed below will be served or
achieved. It is the responsibility of the applicant to provide a narrative of how the
proposed planned development meets one or more of the City's identified objectives
(A-J). Planned unit developments should not be allowed simply for the purpose of
increasing overall density or allowing development that otherwise could not be
approved.
A. Innovation in land development techniques that may be more suitable for a
given parcel than conventional approaches;
B. Promotion of integrated land uses, allowing for a mixture of residential,
commercial, and public facilities;
c. Provision of more adequate, usable, and suitably located open space,
recreational amenities and other public facilities than would otherwise be
provided under conventional land development techniques;
D. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing;
E. Preservation and enhancement of important environmental features through
careful and sensitive placement of buildings and facilities;
F. Preservation of historic buildings, structures or landscape features;
G. Coordination of architectural styles and building forms to achieve greater
compatibility within the development and surrounding land uses;
H. Creation of more efficient provision of public utilities and services, lessened
demand on transportation, and the promotion of energy resource conservation;
Allowing the development to operate in concert with a redevelopment plan in
certain areas of the City and to ensure the redevelopment goals and objectives
will be achieved; and
Higher standards of site and building design than would otherwise be provided
under conventional land development technique.
§154.802 Allowed Development
Uses within the PUD may include only those uses generally considered associated with
the general land use category shown for the area on the official Comprehensive Land
Use Plan. Specific allowed uses and performance standards for each PUD shall be
delineated in an ordinance and development plan. The PUD development plan shall
identify all the proposed land uses and those uses shall become permitted uses with
the acceptance of the development plan. Any change in the list of uses approved in
the development plan will be considered an amendment to the PUD, and will follow
the procedures specified in Article 3, Administration, for zoning amendments.
2
A. Permitted uses. The PUD application shall identify all proposed land uses and
those uses shall become permitted uses upon the approval of the planned unit
development.
B. Placement of structures. More than one principal building may be placed on a
platted lot within a planned unit development. The appearance and
compatibility of buildings in relation to one another, other site elements, and
surrounding development shall be considered in the review process.
c. Development intensity. The PUD may provide for an increase in the maximum
gross floor area or floor area ratio by up to twenty percent (20%) of that
allowed in the base zoning district, for the purpose of promoting project
integration and additional site amenities.
D. Density. The PUD may provide for an increase in density of residential
development by up to twenty percent (20%) of that allowed in the base zoning
district, for the purpose of promoting diversity of housing types and additional
site amenities. Increased residential densities of varying levels will be awarded
based upon the provision of a combination of various site amenities outlined in
Section 154.804. In addition, the City retains the right to evaluate all
proposals for bonus density in accordance with the overall goals of the City's
Land Use Element of the Comprehensive Plan.
E. Building setbacks. The PUD may provide for a reduction in or elimination of
required setbacks in the base zoning district, provided that a landscaped
setback area of the minimum width established for the base zoning district is
maintained along the periphery of the adjacent zoning district(s).
F. Lot requirements. The Council may authorize reductions in the area and width
of individual lots within a PUD from that required for the base zoning district,
provided that such reductions are compensated for by an equivalent amount of
open space or other public amenities elsewhere in the planned unit
development. Any open space shall not include areas designated as public or
private streets. The plan may increase the maximum density beyond that
permitted in the base zoning district for the purpose of promoting an
integrated project with a variety of housing types and additional site
amenities.
G. Other exceptions. As part of PUD approval, the Council is authorized to
approve other exceptions to the zoning controls applicable to the base zoning
district, such as the maximum height of structures or the minimum off-street
parking requirements. Such exceptions shall only be granted when they are
clearly warranted to achieve the objectives identified in Section 154.801.
§154.803 Minimum Requirements
A. Lot area. A PUD must include a minimum of five (5) acres for undeveloped
land or two (2) acres for developed land within the approved development.
Tracts of less than two (2) acres may be approved only if the applicant can
3
demonstrate that a project of superior design can be achieved to meet one or
more of the identified objectives listed in Section 154.801, or that compliance
with the Comprehensive Plan goals and policies can be attained through the
use of the PUD process. The Planning Commission shall authorize submittal of
a PUD for a tract of less than two acres prior to submittal of a general concept
plan application.
Open space. For all PUDs, at least twenty percent (20%) of the project area
not within street rights -of -way shall be preserved as protected open space.
Other public or site amenities may be approved as an alternative to this
requirement. Any required open space must be available to the residents,
tenants, or customers of the PUD for recreational purposes or similar benefit.
Land reserved for storm water detention facilities and other required site
improvements may be applied to this requirement. Open space shall be
designed to meet the needs of residents of the PUD and the surrounding
neighborhoods, to the extent practicable, for parks, playgrounds, playing fields
and other recreational facilities.
C. Street layout. In existing developed areas, the PUD should maintain the
existing street grid, where present, and restore the street grid where it has
been disrupted. In newly developing areas, streets shall be designed to
maximize connectivity in each cardinal direction, except where environmental
or physical constraints make this infeasible. All streets shall terminate at other
streets, at public land, or at a park or other community facility, except that
local streets may terminate in stub streets when those will be connected to
other streets in future phases of the development or adjacent developments.
5154.804 Density
The PUD may provide for an increase in density of residential development by up to
twenty percent (20%) of that allowed in the base zoning district. Applicants seeking
increased residential density through a Planned Unit Development are required to
provide at least one (1) or a combination of site amenities that equal the required
amount of amenity points to achieve the desired density bonus.
A. Amenity Points and Equivalent Density Increases. Increases in density will be
awarded through a 1:1 ratio with amenity points. For every increase in amenity
points for a Planned Unit Development, the applicant will be allowed an
equivalent amount of density increase, up to a maximum increase of twenty
percent (20%). Table 15-1 outlines the required amount of amenity points to
achieve various density increases.
Table 15-1: Amenity Points and Equivalent Density
Increases
Amenity Points Density Increase
4
5
5%
10
10%
15
15%
20
20%
B. Site Amenities. Site amenities that are eligible for amenity points are listed in
Table 15-2, including the associated standards of implementation. Some of the
amenities may be awarded a range of amenity point based upon the quality and
magnitude of the amenity. Where the amenity does not meet all of the
standards required in Table 15-2, no points shall be awarded. Partial points for
site amenities shall not be awarded, except as otherwise allowed in Table 15-2.
C. Site Amenities Not Listed. The City may also consider the allotment of
amenity points for site amenities that are not otherwise specified within this
ordinance as part of the Preliminary Plan phase of the planned development.
Table 15-2: Site Amenities
Points
Amenity
Standards
Proposed underground or structured parking must be
integrated into the primary structure. The purpose of
this amenity is to better integrate parking into the
site, reduce the amount of surface parking stalls,
and reduce the amount of impervious surface.
Proposed underground or structured parking must
reduce the amount of surface parking stalls located
Underground or
outside of the footprint of the principal structure by
5-10
Structure Parking
a minimum of 25%. Amenity points will be awarded
based upon the amount of surface parking stalls
reduced (between 25-50%). For every additional 5%
of surface parking stalls reduced above 25%, the
applicant will be awarded one (1) additional amenity
point, up to a maximum of 10 amenity points. The
facade of any underground or structure parking areas
must match the architectural design of the principal
structure.
Preservation, rehabilitation or restoration of
Historic
designated historic landmarks in a manner that is
10
Preservation
consistent with the standards for rehabilitation of
the Secretary of the Interior as part of the
development.
5
A minimum of fifty percent (50%) of the site not
occupied by buildings shall be landscaped outdoor
Additional Open
open space. A minimum of fifty percent (50%) of the
10
Space
provided open space shall be contiguous. Open space
classifications that qualify may include natural
habitat, neighborhood recreation, trail corridors or
open space buffers.
Dedication of land and construction of a public road,
trail, pathway, or greenway that is part of an
Public Right -of -Way
approved City plan, but outside the scope of the
10
Dedication
immediate project area. Right-of-way improvements
should be designed per the specification of the City
Engineer.
The installation of fire sprinkler systems, per NFPA
13, 13D or 13R, in structures that are not currently
required to install these systems under State Code.
Amenity points will only be awarded in situations
Fire Sprinkler
where there are a significant proportion of structures
5
Systems
in the development that are not required to be
sprinkled under State Building Code. In addition, the
density bonus calculation shall only be applied to the
number of structures that do not require fire
sprinkler systems.
The purpose of this amenity is to better integrate
surface parking into the site and reduce the amount
of visible surface parking from the public right-of-
way. Parking should be rear -loaded and hidden by
5
Contained Parking
the building facade, or integrated into the site in
some other fashion that is acceptable to the City.
This amenity is separate from underground or
structure parking.
The proposed development shall meet the minimum
standards for LEED Silver certification. The project
Leadership in
does not have to achieve actual LEED certification;
Energy and
however, the developer must submit the LEED
5
Environmental
checklist and documentation to the City, approved
Design
by a LEED Accredited Professional (LEED-AP), which
shows that the project will comply with LEED Silver
requirements.
A site and building design that allows for exceptional
and accessible pedestrian and/or bicycle access
through and/or around a site. The improvements
Pedestrian
shall use a combination of trails, landscaping,
5
Improvements
decorative materials, access control and lighting to
create safe, clear and aesthetically pleasing
pedestrian facilities through and /or around the site
that comply with the Americans with Disabilities Act
accessibility requirements.
Significant renovation, rehabilitation and adaptive
5
Adaptive Reuse
reuse of an existing building(s), rather than
demolition.
The development shall include some form of plaza or
public square that is wholly or partly enclosed by a
building or buildings. Plazas are landscaped or paved
5
Plaza
open areas that shall have a minimum area not less
than one thousand (1,000) square feet. Plazas for
commercial or mixed -use development shall be open
to the public during daylight hours.
A Landscaping Plan of exceptional design that has a
variety of native tree, shrub and plan types that
provide seasonal interest and that exceeds the
requirements of the Lake Elmo Design Standards
1-5
Enhanced
Manual. The landscaped areas should have a
Landscaping
resource efficient irrigation system. The
Landscaping Plan shall be prepared by a licensed
landscape architect. Amenity points shall be
awarded based upon the quality and magnitude of
the Landscaping Plan.
Provide capacity for infiltrating stormwater
generated onsite with artful rain garden design that
serves as a visible amenity. Rain garden designs shall
3
Enhanced Storm
be visually compatible with the form and function of
Water Management
the space and shall include long-term maintenance
of the design. The design shall conform to the
requirements per the Minnesota Stormwater Manual
and shall meet the approval of the City Engineer.
Significant utilization of various elements of Theming
consistent with the 2013 Lake Elmo Theming Project,
including but not limited to signage, fencing,
1-3
Theming
landscaping, lighting and site furnishings. Amenity
points will be awarded based upon the quality and
magnitude of Theming elements integrated into the
project.
Site planning that preserves significant natural
3
Natural Features
features or restores ecological functions of a
previously damaged natural environment.
5154.805 Coordination With Other Regulations
A. Coordination with subdivision review. Subdivision review under the subdivision
regulations shall be carried out simultaneously with the review of the PUD. The
plans required under this Article shall be submitted in a form that will satisfy
the requirements of the Subdivision Ordinance for the preliminary and final
plat.
Coordination with other zoning requirements. All of the provisions of this
Chapter applicable to the original district within which the Planned Unit
Development District is established shall apply to the PUD District except as
otherwise provided in approval of the Final Plan.
§154.806 Phasing and Guarantee of Performance
A. Development Schedule. The City shall compare the actual development
accomplished in the various PUD zones with the approved development
schedule.
B. Schedule extension. For good cause shown by the property owner, the City
Council may extend the limits of the development schedule.
C. Phasing of amenities. The construction and provision of all of the common
open space, site amenities and public and recreational facilities which are
shown on the final development plan must proceed at the same rate as the
construction of dwelling units, if any. The Development Review Committee
shall review all of the building permits issued for the PUD and examine the
8
construction which has taken place on the site. If they find that the rate of
construction of dwelling units is greater than the rate at which common open
spaces, site amenities and public and recreational facilities have been
constructed and provided, they shall forward this information to the City
Council for action.
Guarantees. A financial guarantee or letter of credit shall be required to
guarantee performance by the developer. The amount of this guarantee or
letter of credit, and the specific elements of the development program that it
is intended to guarantee, will be stipulated in the development agreement.
E. Changes during development period.
1. Minor changes in the location, placement and height of structures may be
authorized by the Development Review Committee if required by
engineering or other circumstances not foreseen at the time the final plan
was approved and filed with the Planning Director.
2. Changes in uses, any rearrangement of lots, blocks and building tracts,
changes in the provision of common open spaces, and all other changes to
the approved final development plan may be made only under the
procedures for zoning amendments, Article 3. Any changes shall be
recorded as amendments to the recorded copy of the final development
plan.
F. Rezoning to original district. If substantial development has not occurred
within a reasonable time after approval of the PUD Zoning District, the City
Council may instruct the Planning Commission to initiate rezoning to the
original zoning district. It shall not be necessary for the City Council to find
that the rezoning was in error.
§154.807 Control of Planned Unit Development Following Completion
A. Final development plan controls subsequent use. After the certificate of
occupancy has been issued, the use of the land and the construction,
modification or alteration of any buildings or structures within the planned
development shall be governed by the final development plan.
B. Allowed changes. After the certificate of occupancy has been issued, no
changes shall be made in the approved final development plan except upon
application as provided below:
1. Any minor extensions, alterations or modifications of existing buildings or
structures may be authorized by the Development Review Committee if
they are consistent with the purposes and intent of the final plan. No
change authorized by this Section may increase the cubic volume of any
building or structure by more than ten percent.
2. Any building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the final development plan unless an
amendment to the final development plan is approved under this chapter.
9
C. Amendment required for major changes. Any other changes in the final
development plan, including any changes in the use of common open space,
must be authorized by an amendment of the final development plan under the
procedures for Zoning Amendments, Article 3.
5154.808 Procedures for Processing a Planned Unit Development.
There are four stages to the PUD process: application conference, general concept
plan, preliminary plan and final plan, as described below.
A. Application Conference. Upon filing of an application for PUD, the applicant of
the proposed PUD shall arrange for and attend a conference with the Planning
Director. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance as to
the general suitability of his or her proposal for the area for which it is
proposed and its conformity to the provisions of this Article before incurring
substantial expense in the preparation of plans, surveys and other data.
B. General Concept Plan. The general concept plan provides an opportunity for
the applicant to submit a plan to the city showing his or her basic intent and
the general nature of the entire development without incurring substantial
cost. The plan should include the following: overall density ranges, general
location of residential and nonresidential land uses, their types and intensities,
general location of streets, paths and open space, and approximate phasing of
the development.
C. Preliminary Plan. Following approval of the General Concept Plan, the
applicant shall submit a Preliminary Plan application and preliminary plat, in
accordance with the requirements described in Section 153.07. The application
shall proceed and be acted upon in accordance with the procedures in this
ordinance for zoning changes.
D. Final Plan. Following approval of the Preliminary Plan, the applicant shall
submit a Final Plan application and final plat, in accordance with the
requirements described in Section 153.08. The application shall proceed and
be acted upon in accordance with the procedures in this ordinance for zoning
changes. If appropriate because of the limited scale of the proposal, the
preliminary plan and final plan may proceed simultaneously.
E. Schedule for Plan Approval.
�. Developer presents the General Concept Plan to the Planning Commission
for their review and comment.
2. After verification by the Planning Director that the required plan and
supporting data are adequate, the Planning Commission shall hold a public
hearing, with public notice.
3. The Planning Commission shall conduct the hearing and report its findings
and make recommendations to the City Council.
10
4. The City may request additional information from the applicant concerning
operational factors or retain expert testimony at the expense of the
applicant concerning operational factors.
5. The Council may hold a public hearing after the receipt of the report and
recommendations from the Planning Commission. If the Planning
Commission fails to make a report within 60 days after receipt of the
application, then the City Council may proceed without the report. The
Council may approve the General Concept Plan and attach such conditions
as it deems reasonable.
6. Following approval of the General Concept Plan, the application may
proceed to the Preliminary Plan phase.
7. Developer presents the Preliminary Plan to the Planning Commission for
their review and comment.
s. After verification by the Planning Director that the required plan and
supporting data are adequate, the Planning Commission shall hold a public
hearing, with public notice.
9. The Planning Commission shall conduct the hearing and report its findings
and make recommendations to the City Council.
10. The City may request additional information from the applicant concerning
operational factors or retain expert testimony at the expense of the
applicant concerning operational factors.
1 1 . The Council may hold a public hearing after the receipt of the report and
recommendations from the Planning Commission. If the Planning
Commission fails to make a report within 60 days after receipt of the
application, then the City Council may proceed without the report. The
Council may approve the Preliminary Plan and attach such conditions as it
deems reasonable.
12. Following approval of the Preliminary Plan, the application may proceed to
the Final Plan phase.
13. Developer presents the Final Plan to the Planning Commission for their
review and comment.
14. After verification by the Planning Director that the required plan and
supporting data are adequate, the Planning Commission shall hold a public
hearing, with public notice.
15. The Planning Commission shall conduct the hearing and report its findings
and make recommendations to the City Council.
16. The City may request additional information from the applicant concerning
operational factors or retain expert testimony at the expense of the
applicant concerning operational factors.
11
17. After the receipt of the report and recommendations from the Planning
Commission, the City Council may approve the Final Plan and attach such
conditions as it deems reasonable.
§154.809 Application Requirements for General Concept Plan, Preliminary Plan
and Final Plan.
Ten copies of the following plans, exhibits and documents shall be submitted at the
General Concept Plan stage, Preliminary Plan stage and the Final Plan stage.
A. General Concept Plan Stage
1. General information
a. The landowner's name and address and his/her interest in the subject
property.
b. The applicant's name and address if different from the landowner.
c. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including but not limited to attorney, land planner, engineer and
surveyor.
2. Present Status
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property
and all lands within 350 feet of the subject property.
c. A map depicting the existing development of the subject property and
all land within 350 feet of the subject property and showing the location
of existing streets, property lines, easements, water mains, and storm
and sanitary sewers, with invert elevations on and within 100 feet of the
subject property.
d. Site conditions: Where deemed necessary by the City, graphic
reproductions of the existing site conditions at a scale of one (1) inch
equals one hundred (100) feet shall be submitted and contain the
following:
i. Contours; minimum five foot (5') intervals.
ii. Location, type and extent of tree cover.
iii. Slope analysis.
iv. Location and extent of water bodies, wetlands, streams, and
flood plains within 300 feet of the subject property.
e. A written statement generally describing the proposed PUD and showing
its relationship to the City Comprehensive Plan.
12
f. Schematic drawing of the proposed development concept, including but
not limited to the general location of major circulation elements, public
and common open space, residential and other land uses.
g. Proposed design features related to proposed streets, showing right-of-
way widths, typical cross -sections, and areas other than streets including
but not limited to pedestrian ways, utility easements and storm water
facilities.
h. Statement of the estimated total number of dwelling units proposed for
the PUD and a tabulation of the proposed approximate allocations of
land use expressed in acres and as a percent of the total project area,
which shall include at least the following:
i. Area devoted to residential use by building type.
ii. Area devoted to common open space.
iii. Area devoted to public open space and public amenities.
iv. Approximate area devoted to, and number of, off-street parking
and loading spaces and related access.
V. Approximate area, and floor area, devoted to commercial uses.
vi. Approximate area, and floor area, devoted to industrial or office
use.
;. When the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, a preliminary schedule
for the development of such stages or units shall be submitted stating
the approximate beginning and completion date for each such stage and
overall chronology of development to be followed from stage to stage.
j. The City may excuse an applicant from submitting any specific item of
information or document required in this stage which it finds to be
unnecessary to the consideration of the specific proposal.
k. The City may require the submission of any additional information or
documentation which it may find necessary or appropriate to full
consideration of the proposed PUD.
B. Preliminary Plan Stage
1. Preliminary plat and information required by Section 153.07.
2. General information:
a. The landowner's name and address and his interest in the subject
property.
b. The applicant's name and address if different from the landowner.
c. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
13
including but not limited to attorney, land planner, engineer and
surveyor.
d. Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed PUD, including a statement of all
legal, beneficial, tenancy and contractual interests held in or affecting
the subject property and including an up-to-date certified abstract of
title or registered property report, and such other evidence as the City
Attorney may require to show the status of title or control of the subject
property.
3. Present Status:
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property
and all lands within 350 feet of the property.
c. A map depicting the existing development of the property and all land
within 350 feet thereof and indicating the location of existing streets,
property lines, easements, water mains and storm and sanitary sewers,
with invert elevations on and within one hundred feet of the property.
d. A written statement generally describing the proposed PUD and the
market which it is intended to serve and its demand showing its
relationship to the City's Comprehensive Plan and how the proposed PUD
is to be designed, arranged and operated in order to permit the
development and use of neighboring property in accordance with the
applicable regulations of the City.
e. A statement of the proposed financing of the PUD.
Site conditions: Graphic reproductions of the existing site conditions at a
scale of one (1) inch equals one hundred (100) feet. All of the graphics
should be at the same scale as the final plan to allow easy cross-
reference. The use of overlays is recommended for ease of analysis.
i. Contours; minimum two foot (2') intervals.
ii. Location, type and extent of tree cover.
iii. Slope analysis.
iv. Location and extent of water bodies, wetlands and streams and
flood plains within 300 feet of the property.
V. Significant rock outcroppings.
vi. Existing drainage patterns.
vii. Vistas and significant views.
viii. Soil conditions as they affect development.
14
�. Schematic drawing of the proposed development concept, including but
not limited to the general location of major circulation elements, public
and common open space, residential and other land uses.
h. A statement of the estimated total number of dwelling units proposed
for the PUD and a tabulation of the proposed approximate allocations of
land use expressed in acres and as a percent of the total project area,
which shall include at least the following:
i. Area devoted to residential use by building type.
ii. Area devoted to common open space.
iii. Area devoted to public open space and public amenities.
iv. Approximate area devoted to streets.
V. Approximate area devoted to, and number of, off-street parking
and loading spaces and related access.
vi. Approximate area, and floor area, devoted to commercial uses.
vii. Approximate area, and floor area, devoted to industrial or office
use.
When the proposed PUD includes increases in density of residential
development above the base zoning district, a statement describing the
site amenities to be included within the PUD, and demonstrating that
the proposed site amenities sufficiently achieve the desired density
bonus. Applicant is required to demonstrate that all site amenity
standards have been met in order to be awarded increased density for
residential development.
When the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, a schedule for the
development of such stages or units shall be submitted stating the
approximate beginning and completion date for each such stage or unit
and the proportion of the total PUD public or common open space and
dwelling units to be provided or constructed during each such state and
overall chronology of development to be followed from stage to stage.
When the proposed PUD includes provisions for public or common open
space or service facilities, a statement describing the provision that is to
be made for the care and maintenance of such open space or service
facilities.
1. Any restrictive covenants that are to be recorded with respect to
property included in the proposed PUD.
m. Schematic utilities plans indicating placement of water, sanitary and
storm sewers.
15
n. The City may excuse an applicant from submitting any specific item of
information or document required in this stage which it finds to be
unnecessary to the consideration of the specific proposal.
o. The City may require the submission of any additional information or
documentation which it may find necessary or appropriate to full
consideration of the proposed PUD.
c. Final Plan Stage. Development stage submissions should depict and outline the
proposed implementations of the Preliminary Plan stage for the PUD.
Information from the General Concept and Preliminary Plan stages may be
included for background and to provide a basis for the submitted plan. The
development stage submissions shall include but not be limited to:
1. A final plat and information required by Section 153.08.
2. Final plans drawn to a scale of not less than 1 inch = 100 feet (or a scale
requested by the Zoning Administrator) containing at least the following
information:
a. Proposed name of the development (which shall not duplicate nor be
similar in pronunciation to the name of any plat heretofore recorded in
the county where the subject property is situated).
b. Property boundary lines and dimensions of the property and any
significant topographical or physical features of the property.
c. The location, size, use and arrangement including height in stories and
feet and total square feet of ground area coverage and floor area of
proposed buildings, including manufactured homes, and existing
buildings which will remain, if any.
d. Location, dimensions of all driveways, entrances, curb cuts, parking
stalls, loading spaces and access aisles, and all other circulation
elements including bike and pedestrian; and the total site coverage of
all circulation elements.
e. Location, designation and total area of all common open space.
f. Location, designation and total area proposed to be conveyed or
dedicated for public open space, including parks, playgrounds, school
sites and recreational facilities.
g. The location of applicable site amenities, if any.
h. Proposed lots and blocks, if any and numbering system.
i. The location, use and size of structures and other land uses on adjacent
properties.
j. Detailed sketches and provisions of proposed landscaping.
k. General grading and drainage plans for the developed PUD.
16
1. Any other information that may have been required by the Planning
Commission or Council in conjunction with the approval of the
Preliminary Plan.
3. An accurate legal description of the entire area within the PUD for which
final development plan approval is sought.
4. A tabulation indicating the number of residential dwelling units and
expected population.
5. Density calculations, including proposed density bonuses above the base
zoning district. To be granted increased density of residential
development, the applicant must submit a schedule of site amenities with
proposed designs and standards. The applicant must demonstrate that site
amenity standards in Table 15-2 have been met to be rewarded additional
density.
6. A tabulation indicating the gross square footage, if any, of commercial and
industrial floor space by type of activity (e.g. retail or office).
7. Preliminary architectural "typical" plans indicating use, floor plan,
elevations and exterior wall finishes of proposed building, including
manufactured homes.
8. A detailed site plan, suitable for recording, showing the physical layout,
design and purpose of all streets, easements, rights of way, utility lines and
facilities, lots, block, public and common open space, general landscaping
plan, structure, including mobile homes, and uses.
9. Preliminary grading and site alteration plan illustrating changes to existing
topography and natural site vegetation. The Plan should clearly reflect the
site treatment and its conformance with the approved concept plan.
10. A soil erosion control plan acceptable to watershed districts, Department of
Natural Resources, Natural Resources Conservation Service, or any other
agency with review authority, clearly illustrating erosion control measures
to be used during construction and as permanent measures.
§154.810 City Costs
The applicant shall make a deposit of a fee escrow with the City for the purpose of
reimbursing any costs directly related to a given development. Such costs include but
are not limited to professional fees and expenses incurred by the City for consultants
(including but not limited to planners, engineers, architects and attorneys) who the
City determines in its sole judgment are necessary to assist in reviewing,
implementing or enforcing the provisions of this article. The amount of the deposit,
and any addition to it that the City may later require, shall be established by the
Planning Director. The City and the applicant may agree to share the costs of
consultants based upon a specific written agreement. Any funds not used by the City
shall be returned to the applicant at the conclusion of the project.
17
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-070 was adopted on this nineteenth
day of February 2013, by a vote of Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
,i
Mike Pearson, Mayor
ATTEST:
PM
pps� W-Ar
WrOISN Bell, City Clerk
This Ordinance 08-070 was published on the 2 i'" day of , 2013.
Affidavit of Publication
State of Minnesota
County of Washington SS
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT,F/T,AKF. FT M0 REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE 08-070
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 27TH day of
FEBRUARY , 20 13 , and was thereafter printed and published on every
to and
including , the day of 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGH IJKLM NOPQRSTUV WXYZ
ABCDEFGH IJKLM NOPQRSTUV WXYZ
*abcd efg h ij kl m n opq rst u vwxyz
Subscribed and sworn to before me on
th- 27TH day of FEBRUARY 2 13
1
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
'v'J1m'Jd .it.Aa�d`v'«s
TONYA R." TE"EA"
Notary Publsc-(Vlinnesotta RATE INFORMATION
R_ -5
my Commission Expires Jan 37, 2C�15
�Mnavarn�
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter .................
01/13
BY: Y1 w V.
TITLE LEGAL COORDINATOR
.$25.00 per col. inch
.$25.00 per col. inch
.$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNE�OTA
ORDINANCE 08-070
AN ORDINANCE AMENDING
THE CITY'S REGULATIONS
PERTAINING TO PLANNED
UNIT DEVELOPMENTS
Section 1: Ordinance No. 08
070: The City Council of th [
City of Lake Elmo hF
adopted Ordinance No. Co
070, which replaces f
current sections of the l A
Code pertaining to Plan (11
Unit D=velopment (F 7.
Regulatims with an ame Fq
PUD ordinance. The re (O�
ordina►ce includes 12,
followng sign NO
revisions from the pr
ordinance:
1. A lew St, Pur
concerning he objec Minn
goals to a inch fore9
planned deNiopmen postp
2. The incooratior 10 00
practices lated "for,
inclusion ofte amd -eet
planned dewpment 71y
3. Creation p struc,d `
procedure r aeg
density bases iin
planned deupment a
quantifiable rner.
4. The 3dingand
reorganizatio'f theOO
Ordinance intt-,e strture
of recent amenents the
Zoning Ordina.
The full text ordinanckNo-
08-070 is Wable for
inspection at Laklmo cit)haff
during regular bless hous.
Section 2�tive D t
This ordinance becomes
effective after tNdate of its
summary publicati� ted by
ADOPTION DAT6,dop
Lake Elmo City CcFebruary
nineteenth day o
2013.
Ayes: 5
Nays: 0
/s/ Mike Pearsch, p tor
est.
/s/ Adam Bell, City Clerk
(O,;Kdale-Lake Elmo Review: Feb.
27, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-071
AN ORDINANCE TO AMEND THE ZONING ORDINANCE CONCERNING URBAN
RESIDENTIAL DISTRICT STANDARDS
Section 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 154:
Zoning Code, of the City Code is hereby amended in the following manner:
9154.452 Lot dimensions and building bulk requirements.
Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and Setback
Requirements.
Table 10-2: Lot Dimension and Setback Requirements, Residential Districts
LDR
MDR
HDR
Minimum Lot Area (sq. ft.)
........................................................................................._..........................._............................................................_............................................._....__..._........_...._..._.............__.....__......__..........................._._.......__........................._..-
Single Family Detached Dwelling
8,000
7,000
-...........
5,000
_... ..............__................_... _...............__._..........._._........................ _......._................................._........_..._....._.._........................._....'_..._
Two Family Dwelling (per unit) a
..... ............... ......
5,000
............. -- ...... _......_...........................---...._........._....................----.................
4,000
3,000
_._._... _........ _....... _...... _............. -._......... _....... _............. _.... __....... _..................... ..............._...... _............................
Single -Family Attached (per unit)
_........... _............. _..._...................
-
_............. _...................... -__........... _.........
4,000
_... _.......... -.--._.................. ...
2,500
_........_..__.._........._......_....._...........---...._...._._......_.........._..._......__............................._._............_.._.._.........................._......._...._._.._.......__..............................................................__._......_...................._._...._._....__..............................
Multi- Family Dwelling (per unit)
-
4,000
1,800
....c.....o......n.....d.......a.....ry....._.....D...we--.l_n_._g.._....................._-...._._.................__......._...._............_......_.......................
_............_._......_..._._.._......_.s.....e.....e.....
....1.....5.5....._...1_02_....... ................__.....
... ---.............................. _.
_--- .....---......_............._....---...._..._...__._.................._.__...__.............................._._....__............................_....__......__...._...._......._...._..._.....__._......................._..---.........._........................._.............__........................._-.-
Live -Work Unit
-
-
3,600
__.... ......... _...__._-._..._..._............. -... _................. _..... _.................. _.......... _...... _.__.._......................
Congregate Housing
_...... ....... -..... ...... _...__.... _.._
-
....... __............ _......... _.__............ _..............
see 155.102
__.................. __.......................... _... .........
see 155.102
..... ............... ....... ... _.__._...._... _............ _.......................................... _... _............. _.......... _._._.__.................................
Manufactured Home Park
_.._...................... ...... _..... _.._
... .... _............ -_.__...................... __....
see 155.102
-_.......... _._......................... -__.-_..........
-
Minimum Lot Width (feet)
..... _......_.............................._..........................._......................_._..---............._._...._._...................................._.._............................._.............._..............._............_............._......._.......__............._..........._................._...----.........----....................._....
Single Family Detached Dwelling
60
50
50
_....................._....__............._._._............................---............._._.__..._..................._...._...........__.........................__..........................._.................-.............__....._....__................_......._......_............_.._._._........__......................__....
Two Family Dwelling (per unit) a
35
30
20
.......... _........ _............. ..........----............._.__._....----............_..._.... _................... ...._.......... .......................
Single -Family Attached (per unit)
_................................ _....... _.............. ....
-
__............. _.__........ _............. ....._.. ..-......................
25
. ... ...... ._..... .............................
20
... ......_........... _....... _..._-_._............. ................_._............ _... _........................................ __._.............
Multi -Family Dwelling (per building)
__.... _._................. _.... _...........................
-
_............ _... _._.... __..................... _._..............
75
_........ _.......... _._....................... _.._...... _.
60
...... ......... ......... ..... ...._........ ......_.......__..._._...__............. __............_._... _................................ _...-.................
Live -Work Unit
_.... __._........ ................. ..._...... .._..............
-
_.... _....... _...... .... _.... _..........--.... ....----
-
.................................... __.._..........-. ....
25
.... _.__._................... _... _... ......... _............. -----................. _.......... ..... _..-................ _................ _-..................
Maximum Height (feet)
_._._._.......... _........... ---....... ...... .........
35
..... _........... _._...... _............................ --
35
......... _... ..... _................ __.............. --
50
.....M.a.... .... ...--........ ...................._........... ............ _.._............_......_.._._.._......._..................._. -.
ximum ImPervious Coverage
40%
50%
75%
.... ..._........... _......... _... ---- ._....__._._.................... ---._............ _...... __............. _.................... _....... ..........
Minimum Building Setbacks (feet)
-_............. .... _.... ............ _.......... _.__
........... _.__........ __...... --.......... _..............
__......... __................ _.----.......... --
o_.._....._..._...._ard ....._._............._.__.........__.._-......-_...... -.................._...-..........---.
Frnt Y
� . ��� __ .-- _._25..._....` ....._._..........._..._....._......_....._...._..._...
._................... -
5._`.....2
2
-......_..._......._..---0`.................... _....... _.
................__._.._.._..__..__...................._._..........._....._._......--............_.................._.................._.__.
Interior Side Yard e
Principal Buildings g_................__................._.
-10
10
10 �.__._................
a. Common open space areas may be used in the determining whether or not the minimum lot
areas within a development are met, when provided as part of an overall development plan.
b. Two-family units may be side -by -side with a party wall between them ("twin") or located on
separate floors in a building on a single lot ("duplex"). The per -unit measurements in this table
apply to "twin" units, whether on a single lot or separate lots. The standards for single-family
detached dwelling shall apply to a "duplex" containing two vertically -separated units on a
single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard is also used for multifamily dwellings.
d. Single Family Dwellings (both attached and detached) and Two -Family Dwellings may use the
side yard setbacks within MDR zoning districts.
e. In a block where the majority of the block face has been developed with the same or similar
setbacks, the front setback for the remaining lots on that block face shall fall within the range
established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than 7 feet from a side
property line, the maximum permitted encroachment for anything attached to said building
(including eaves, overhangs, steps, chimneys, and other appurtenances as described in Section
154.081) will be two (2) feet.
g. Side yards setbacks shall apply to the ends of attached or two-family dwellings.
h. Corner properties: The side facade of a corner building adjoining a public street shall maintain
the front setback of the adjacent property fronting upon the same public street, or the
required front yard setback, whichever is less. If no structure exists on the adjacent property,
the setback shall be as shown in the table.
Section 2. Adoption Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-071 was adopted on this 511i day of March 2013, by a vote of `2 Ayes and
r Nays. ----?
Mayor Mike Pearson
ATTEST:
Adam Bell
City Clerk
This Ordinance No. 08-071 was published on the 2 *6day of mpac L-{ , 2013
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAI,F,/T,AKF F.T MO RF,VTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-071
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 20TH day of
MARCH , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
ABC DEFG H IJKLMNOPQRSTUVWXYZ
'abcdefghijkimnopq rstuvwxyz
Subscribed and sworn to before me on
this 20TH day of MARCH 20 13
Notary Public
BY: C,���Y1NL( Y► I l V U
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
TONYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
My Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .............................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter ....................
01 /13
......$25.00 per col. inch
.$25.00 per col. inch
......................$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-071
AN ORDINANCE TO AMEND
THE ZONING ORDINANCE
CONCERNING URBAN
RESIDENTIAL DISTRICT
STANDARDS
Sectog _L The City Council of the
City of Lake Elmo hereby ordains
that Chapter 154: Zoning Code, of
the City Code is hereby amended
in the following manner:
§154.452 Lot dimensions and
building bulk requirements.
Lot area and setback requirements
shall be as specified in Table 10-2,
Lot Dimension and Setback
Requirements.
Notes to Urban Residential Districts
Table
a) Cor'mon open space areas may
be uses: in the determining whether
or not the u;,,imum lot areas within a
development are met, when
provided as part of an overall
development plan.
b) Two-family units may be side -by -
side with a party wall between them
("twin") or located on separate floors
in a building on a single lot
("duplex"). The per -unit
measurements in this table apply to
"twin" units, whether on a single lot
or separate lots. The standards for
single-family detached dwelling shall
apply to a "duplex" containing two
vertically -separated units on a single
lot.
c) In the case of single-family
attached dwellings that are not
situated on individual lots, minimum
lot size shall be applied to each unit
as a measure of density; i.e. 1 unit
per 2,500 square feet. This standard
is also used for multifamily dwellings.
d) Single Family Dwellings (both
attached and detached) and Two -
Family Dwellings may use the side
yard setbacks within MDR zoning
districts.
e) In a block where the majority of
the block face has been developed
with the same or similar setbacks,
the front setback for the remaining
lots on that block face shall fall within
the range established by the existing
setbacks.
f) In situations where a garage or
accessory building is set back less
than 7 feet from a side property line,
the maximum permitted
encroachment for anything attached
to said building (including eaves,
overhangs, steps, chimneys, and
other appurtenances as described in
Section 154.081) will be two (2) feet.
g) Side yards setbacks shall apply
to the ends of attached or two-family
dwellings.
h) Corner properties: The side
facade of a corner building adjoining
a public street shall maintain the
front setback of the adjacent
property fronting upon the same
public street, or the required front
yard setback, whichever is less. if no
structure exists on the adjacent
property, the setback shall be as
shown in the table.
Table 10-2: Lot Dimension and
Setback Requirements,
Residential Districts
LDR MDR HDR
Minimum ',..ot Area (sq. ft.)
Single Family Detached Dwelling
8,000 7,000 5,000
Two -Family Dwelling (per unit) a
5,000 4,000 3,000
Single -Family Attached (per unit)
- 4,000 2,500
Muiti-Family Dwelling (per unit)
4,000 1,800
Secondary Dwelling
§ 155.102
Live -Work Unit
- 3,600
Congregate Housing
- §155.102 §155,102
Manufactured Home Park
- §155.102
Minimum Lot Width (feet)
Single Family Detached Dwelling
60 50 50
Two -Family Dwelling (per unit) a
35 30 20
Single -Family Attached (per unit)b
- 25 20
Multi -Family Dwelling (per building)
- 75 60
ive-Work k' 4 25
Maximum Height (feet)
35 35 50
Maximum Imr`.r ln,je e^.,.,a .
40%
Minimum Building Setbacks
(feet)
Front Yard
25c 25° 20c
Interior Side Yard e
Principal Buildings f,g
10 10 10 d
Attached Garage or Accessory
Structures ',9
5 5 10 d
Corner Side Yard g,h
15 15 15
Rear Yard
20 20 20
Section 2. Adoption Date. This
ordinance shall become effective
Immediately upon adoption and
publication in the official
newspaper of the City of Lake
Elmo.
This Ordinance No. 08-071 was
adopted on this 5th day of March
2013.
Ayes: 5
Nays: 0
/s/ Mayor Mike Pearson
ATTEST: /at Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Mar.
20, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-072
AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE RELATED TO
PLANNED UNIT DEVELOPMENTS AND PUBLIC LAND
DEDICATION REQUIREMENTS
Section 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 153:
Subdivision Regulations, of the City Code is hereby amended in the following manner:
§ 153.12 PLANNED UNIT DEVELOPMENTS (P.U.D.).
(A) Upon receiving a report from the Planning Commission, the Council may grant
exceptions from the provisions of these regulations in the case of a Planned Unit Development, ,
provided that the Council finds that the proposed development is fully consistent with the
purpose and intent of these regulations and in compliance with the Planned Unit Development
objectives of Section 154.801.
§ 153.14 PUBLIC LAND DEDICATION.
(A) Dedication of Land for Park and Open Space Use. In all new residential subdivisions, a
percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds,
trails, public open space, or other public recreational use. For non-residential developments, the
City requires a payment in lieu of land dedication as established by resolution of the City
Council. Such percentage or fee shall be in addition to the property dedicated for streets, alleys,
waterways, pedestrian ways or other public use pursuant to this chapter. The following schedule
describes the required dedication by zoning district. This schedule is based upon density of the
development allowed in each district and is intended to equalize the amount and value of land
dedicated for parks per dwelling unit in the various districts.
Zoning Districts
Minimum Required Land Dedication
Rl, R2, R3, and R4
10%
RS, LDR, MDR, HDR
10%
RE
7%
RR and AG
4%
GB, LB, HB, BP, CB,
Fee as set by Council resolution
C. CC, LC, VMX
Fee as set by Council resolution
RR and AG with OP Conditional Use Permit
7%
RR and AG with OP -A Conditional Use Permit
10%
1
(B) Land title. Public land dedications, which are not dedicated to the city on a plat, shall
be conveyed to the city by warranty deed free and clear of all liens or encumbrances. The
subdivider shall provide proof of title, in a form acceptable to the city, prior to the conveyance of
the property.
(C) Land acceptability. The city must approve the location and configuration of any park
land which is proposed for dedication and shall take into consideration the suitability of the land
and for its intended purpose; the future needs of the city for parks, playgrounds, trails, or open
space; and the recommendations of the city's Parks Commission. The following properties shall
not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm
water drainage and retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council
determines that all of the following criteria are satisfied:
(a) Would be in the best interests of the general public;
(b) Would be valuable resource for environmental preservation, educational, or
habitat preservation purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the city as a result of
maintenance or preservation requirements.
(D) Cash Contribution in Lieu of Land Dedication — Residential Subdivisions Larger than
Three Lots. In lieu of the land dedication for residential subdivisions larger than three lots, the
city may elect to require the subdivider to contribute a cash equivalent payment to the cty's Park
and Open Space Fund, or may require the developer to satisfy the park land dedication
requirement by a combination of land and cash contribution. For all residential subdivisions of
three or more parcels, the required cash equivalent payment shall be an amount equal to the fair
market value of the percentage land dedication for the zoning district in which the subdivided
property is located. The city shall determine the fair market value of the land by reference to
current market data, if available, or by obtaining an appraisal from a licensed real estate
appraiser; the subdivider shall pay for the cost of the appraisal. The fair market value
determination of the appraiser shall be conclusive.
(E) Cash Contribution in Lieu of Land Dedication — Minor Residential Subdivisions and
Commercial Development. Required cash equivalent payments for residential subdivisions
resulting in 3 or fewer parcels or for commercial development projects shall be as determined
from time to time by Council resolution.
(F) Payment of cash contribution. Cash contribution payments shall be made to the city
prior to final plat approval for commercial developments or residential subdivision of more than
three parcels, or prior to the City's approval of the deeds of conveyance in those cases where a
residential subdivision will result in 3 or fewer lots.
(G) Previously subdivided property from which a park dedication or cash in lieu
contribution has been received, upon resubdivision with the same number of lots, is exempt from
park dedication requirements. If, as a result of the resubdivision of the property, the number of
lots is increased, the park dedication or cash in lieu contribution shall be applied only to the net
increase in the number of lots.
(H) Any cash contribution so paid to the City shall be placed in a special fund. The money
shall be used only for: a) the acquisition and development or improvement of parks, recreational
facilities, playgrounds, trails, wetlands or open space based on the approved park systems plan;
b) redevelopment or rehabilitation of existing park facilities or sites; or c) debt service in
connection with land previously acquired or improvements thereto previously constructed. No
funds shall be used for ongoing operation or maintenance of existing parks or recreational
facilities or sites.
(I) Lands designated for public use on Comprehensive Plan or official maps. Where all or
a portion of the area included in a proposed subdivision has been designated as a park,
playground, recreational area, proposed school site, or other public ground in the city's
Comprehensive Plan or in an official map adopted pursuant to the Comprehensive Plan, the
subdivider shall notify the appropriate governmental unit of the proposed subdivision of the
property. The notice shall be given prior to submittal of the development application to the city.
Prior to the city's review of the preliminary plat, the subdivider shall advise the city in writing of
the status of the negotiations regarding the designated area.
Section 2. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
This Ordinance No. 08-072 was adopted on this 5th day of March 2013, by a vote of 5 Ayes
and 0 Nays.
L � �- --,
ayor Mik arson
ATTEST:
Adam Bell
City Clerk
This Ordinance No. 08-072 was published on the Le day of jqpjUjA , 2013.
J
Affidavit of Publication
State of Minnesota l
((
County of Washington SS
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKDA1,F/T,AKF, F.T.MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-072
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 20TH day of
MARCH , 20 13 , and was thereafter printed and published on every
including
the day of
to and
20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGH IJ KLMNOPQRSTUV WXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcd efgh ij klm nopgrstuvwxyz
Subscribed and sworn to before me on
this 20TH day of ARCH 13
BY: 1•' . 7&,d i»
TITLE LEGAL COORDINATOR
(_ 'otary Public
*Alphabe should be in the same size and kind of type as the notice.
,nn�tr
T®NYA R. WHtTEHEAD
Notary Public -Minnesota RATE INFORMATION
Ug- My Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space ..........................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter ...........................
01 /13
.$25.00 per col. inch
.....................$25.00 per col. inch
.$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-072
AN ORDINANCE TO AMEND
THE SUBDIVISION ORDINANCE
RELATED TO PLANNED UNIT
DEVELOPMENTS AND PUBLIC
LAND DEDICATION
REQUIREMENTS
Section 1. The City Council of the
City of Lake Elmo hereby ordains
that Chapter 153: Subdivision
Regulations, of the City Code is
hereby amended in the following
manner:
§ 153.12 PLANNED UNIT
DEVELOPMENTS (P.U.D.).
(A) Upon receiving a report from the
Planning Commission, the Council
may grant exceptions from the
provisions of these regulations in the
case of a Planned Unit
Development, provided that the
Council finds that the proposed
development is fully consistent with
the purpose and intent of these
regulations and in compliance with
the Planned Unit Development
objectives of Section 154.801.
§ 153.14 PUBLIC LAND
DEDICATION.
(A) Dedication of Land for Park and
Open Space Use. In all new
residential subdivisions, a
percentage of the gross area of all
property subdivided shall be
dedicated for parks, playgrounds,
trails, public open space, or other
public recreational use. For non-
residential developments, the City
requires a payment in lieu of land
dedication as established by
resolution of the City Council. Such
percentage or fee shall be in addition
to the property dedicated for streets,
alleys, waterways, pedestrian ways
or other public use pursuant to this
chapter. The following schedule
describes the required dedication by
zoning district. This schedule is
based upon density of the
development allowed in each district
and is intended to equalize the
amount and value of land dedicated
for parks per dwelling unit in the
various districts.
Zoning Districts
Min. Req'd Land Dedication
R1, R2, R3, and R4 10%
RS, LDR, MDR, HDR 10%
RE 7%
RR and AG 4%
GB, LB, HB,
BP, CB, Fee set by Council
C, CC, LC,
VMX Fee set by Council
RR and AG with OP
Conditional Use Permit 7%
RR and AG with OP -
A Conditional Use Permit 10%
(B) Land title. Public land
dedications, which are not dedicated
to the city on a plat, shall be
conveyed to the city by warranty
deed free and clear of all liens or
encumbrances. The subdivider shall
provide proof of title, in a form
acceptable to the city, prior to the
conveyance of the property.
(C) Land acceptability. The city
must approve the location and
configuration of any park land which
is proposed for dedication and shall
take into consideration the suitability
of the land and for its intended
purpose; the future needs of the city
for parks, playgrounds, trails, or
open space; and the
recommendations of the city's Parks
Commission. The following
properties shall not be accepted for
park land dedications:
(1) Land dedicated or obtained as
easements for streets, sewer,
electrical, gas, storm water drainage
and retention areas, or other similar
utilities and improvements;
(2) Land which is unusable or of
limited use; and/or
(3) Land within a protected wetland
or within a flood plain area unless the
Council determines that all of the
following criteria are satisfied:
(a) Would be in the best interests of
the general public;
(b) Would be valuable resource for
environmental preservation,
educational, or habitat preservation
purposes;
(c) Has an exceptional aesthetic
value; and
(d) Would not become financially
burdensome to the city as a result of
maintenance or preservation
requirements.
(D) Cash Contribution in Lieu of
Land Dedication — Residential
Subdivisions Larger than Three Lots.
In lieu of the land dedication for
residential subdivisions larger than
three lots, the city may elect to
require the subdivider to contribute a
cash equivalent payment to the city's
Park and Open Space Fund, or may
require the developer to satisfy the
park land dedication requirement by
a combination of land and cash
contribution. For all residential
subdivisions of three or more
parcels, the required cash equivalent
payment shall be an amount equal to
the fair market value of the
percentage land dedication for the
zoning district in which the
subdivided property is located. The
city shall determine the fair market
value of the land by reference to
current market data, if available, or
by obtaining an appraisal from a
licensed real estate appraiser; the
subdivider shall pay for the cost of
the appraisal. The fair market value
determination of the appraiser shall
be conclusive.
(E) Cash Contribution in Lieu of
Land Dedication — Minor Residential
Subdivisions and Commercial
Development. Required cash
equivalent payments for residential
subdivisions resulting in 3 or fewer
parcels or for commercial
devAinnmwnt nrofents ql p q�
-, -.. -.gin De -.i
oetermined from time to time by
Council resolution.
(F) Payment of cash contribution.
Cash contribution payments shall be
made to the city prior to final plat
approval for commercial
developments or residential
subdivision of more than three
parcels, or prior to the City's
approval of the deeds of conveyance
in those cases where a residential
subdivision will result in 3 or fewer
lots.
(G) Previously subdivided property
from which a park dedication or cash
in lieu contribution has been
received, upon resubdivision with the
same number of lots, is exempt from
park dedication requirements. If, as a
result of the resubdivision of the
property, the number of lots is
increased, the park dedication or
cash in lieu contribution shall be
applied only to the net increase in
the number of lots.
(H) Any cash contribution so paid to
the City shall be placed in a special
fund. The money shall be used only
for: a) the acquisition and
development or improvement of
parks, recreational facilities,
playgrounds, trails, wetlands or open
space based on the approved park
systems plan; b) redevelopment or
rehabilitation of existing park
facilities or sites; or c) debt service in
connection with land previously
acquired or improvements thereto
previously constructed. No funds
shall be used for ongoing operation
or maintenance of existing parks or
recreational facilities or sites.
(1) Lands designated for public use
on Comprehensive Plan or official
maps. Where all or a portion of the
area included in a proposed
subdivision has been designated as
a park, playground, recreational
area, proposed school site, or other
public ground in the city's
Comprehensive Plan or in an official
map adopted pursuant to the
Comprehensive Plan, the subdivider
shall notify the appropriate
governmental unit of the proposed
subdivision of the property. The
notice shall be given prior to
submittal of the development
application to the city. Prior to the
city's review of the preliminary plat,
the subdivider shall advise the city in
writing of the status of the
negotiations regarding the
designated area.
Section 2, Adoption Date
This ordinance shall become
effective immediately upon adoption
and publication in the official
newspaper of the City of Lake Elmo.
This Ordinance No. 08-072 was
adopted on this 5th day of March
2013.
Ayes: 5
Nays: 0
/a/ Mike Pearson, Mayor
ATTEST: /a/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Mar.
20, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-073
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING REVISED RURAL DISTRICT STANDARDS AND ADDING A NEW RT RURAL
DEVELOPMENT TRANSITIONAL DISTRICT TO THE ZONING ORDINANCE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.033
(A District), 154.036 (RR District) and154.048 (RE District) in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 9 - RURAL DISTRICTS
5154.400 Purpose and District Descriptions
5154.401 Permitted and Conditional Uses
§155.402 Lot Dimensions and Building Bulk Requirements
5155.403 Dimensional Requirements and Preservation of Open Space
5155.404 Site Design and Development Standards
5155.405 Accessory Uses and Structures
5155.406 Residential Accessory Structures
5155.407 Accessory Uses
§155.408 Accessory Uses and Structures Not Listed
§154.400 Purpose.
The rural districts are established to provide guidance for existing rural development that is served
primarily by on -site wastewater treatment facilities in Lake Elmo. The objectives of these districts are
to preserve and enhance the quality of living in the existing rural areas, as well as regulate structures
and uses which may affect the character or desirability of these areas. The rural districts and their
purposes are as follows:
A. RT Rural Development Transitional District. The RT District is an interim holding zone that will
regulate land uses within those portions of the City planned and staged for development that
will connect to regional sewer service in accordance with the Comprehensive Plan. The future
zoning classification for areas zoned RT and the timing for any zoning map amendments to
rezone property in this district will be determined by the City Council upon the extension of
public sanitary sewer and water services into these areas. In the meantime, agricultural and
existing residential uses will be allowed to continue in addition to other uses that are
consistent with the A and RR zoning districts.
B. A Agricultural District. The A District will apply to agricultural or undeveloped areas in Lake
Elmo, including any newly annexed areas. The purpose of the district is to allow for
agricultural and other activities typically associated with agriculture, including non -farm
dwellings at a density of 1 unit per 40 acres. Future residential development may occur at the
aforementioned density or through the Open -Space Preservation Development process. These
parcels are expected to be served by on -site wastewater treatment facilities. In addition, some
limited agriculture -related businesses, such as wayside stands and outdoor recreation, are
appropriate short-term or interim uses for this district.
C. RR Rural Residential District. The RR District is established for lands that have existing small-
scale agricultural activity, as well as single-family residential dwellings. Future residential
development may occur at a density of 1 dwelling unit per 10 acres, or through the Open -Space
Preservation Development process. These sites are expected to be served by on -site
wastewater treatment facilities. Some limited agriculture -related businesses, such as wayside
stands, are appropriate as interim uses for this district.
D. RS Rural Single Family District. The RS District is established for lands that have already been
platted as conventional residential subdivisions prior to the 2005 adoption of the
Comprehensive Land Use Plan. This district provides an environment of predominantly single-
family detached dwellings on moderately sized lots in areas that have typically not been
provided with public sanitary sewer services.
RE Residential Estate District. The purpose of the RE District is to allow for single-family
detached dwellings on large lots. The large lots and setbacks provide for an open -space
environment that is consistent with the rural character of Lake Elmo. Planned residential
subdivisions are allowed on a minimum of 20 acres (nominal) with an average subdivision
density of 3.33 acres per residential unit. Lot sizes should be adequate to provide for on -site
wastewater treatment.
§154.401 Permitted and Conditional Uses.
Table 9-1 lists all permitted and conditional uses allowed in the rural districts. "P" indicates a
permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered
prohibited. Cross-references listed in the table under "Standards" indicate the location within this
Ordinance of specific development standards that apply to the listed use.
A. Combinations of uses. Principal and accessory uses may be combined on a single parcel.
Table 9-1: Permitted and Conditional Uses, Rural Districts
a
Standard
Residential Uses
Household Living
Single-family detached dwelling
P P
P P P
Secondary Dwelling
P
4. + 1.�.°
Public and Civic Uses
Cemetery
P
P _
Services
Self Service Storage Facility
la la
Commercial Kennel
C C
C -
Commercial Stable
C
-
Outdoor Recreation
Golf Course
C
Outdoor Recreation Facility
C
2
Table 9-1: Permitted and Conditional Uses, Rural Districts
Q
W
un
W Standard
Parks and Open Areas
P
P
P
P
P
Restricted Recreation
C
Agricultural and Related Uses
Agricultural Entertainment Business
I
I
I
Agricultural Production
P
P
P
Agricultural Sales Business
Agricultural Services
C
C
Forestry Operations
P
Greenhouses, Non Retail
C
C
C
Wayside Stand
P
P
P
Industrial and Extractive Uses
Motor Freight and Warehousing
! la
Accessory Uses
Bed and Breakfast
C
C
C
Domestic Pets
P
P
P
P
P
Family Day Care
P
P
P
P
P _ >.
Home Occupation
P
P
P!
P
P
Kennel, Private
C
C
C
Solar Equipment
P
P
P
P
P
Stable, Private
C
C
C
Swimming Pools, Hot Tubs, Etc.
P
P
P
P
P
Temporary Sales
P
P
P
P
P
Water -Oriented Accessory Structures
P
P
P
P
P
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses
P
P
P
P
P
Open Space Preservation Development
OP Development
C
C
OP -Alt Development
C
C
< .
Notes to Rural Districts Table 9-1
a. Non -Agricultural Low Impact Use (see 154.404.G)
Note: Standards listed in Table 9-1 are listed by Article, Section and Subsection.
9154.402 Lot dimensions and building bulk requirements.
Lot area and setback requirements shall be as specified in Table 9-2, Lot Dimension and Setback
Requirements.
Table 9-2: Lot Dimension and Setback Requirements, Residential Districts
RT
A
RR
RS
RE
Minimum Lot Area (acres)
_.......................................__................ _........ _........ _.__........................ __-........ _.... __.... _._................... _.__..............._._._._.........................
Single Family Detached Dwelling
.................................._..........__...................._..........._..__...._........................................__..............................................._......_.........._._........................
20
40a,
IT
1.5�
2.56,T
.....Minimu.m...Lot Width.(feet)........._...._..........._............_.._......_._..._..........._.._......._.......__
..................----._...... -
----- ........ _............. _..__......
_..................... _._..._._..... ........................
_....... ._..........._.._........_......_..
... _............. _....................
.._._..................... ................ _......... _........ ---....................................... _.................... _.._....................... _................. _......... ....... .... _...........................
Single Family Detached Dwelling
_..... _... _....... __.._..._
300
......... _......... __.......................
300
—..... _..... ........... ____.... _........ ...............................................
300 125
_._........... .....
NAf...................
.... .... _............. _...... __............. __..................... __........... __-.................. _...... _...... _.... .... _........................... __...... _ —1
Maximum Principal Structure Height (feet)
35
35
35
35
35
... __.........._........_..... .............. _.................. ..... ................... .--.._....... ......................... .__..... _...................... _.... __........... _............
Maximum Impervious Coverage
_.................... _.._.._.._...... __.._._
-
..................... ..... _._........................
-
_........... ...... ...... _..... .......................
_...._.._._........._._.._._
25%
... ........................ _....................
15%
..... ......_........ .... _...... _..... __...... .........---....... ............................ _._._..._................_................ _._.._._............._....... ........................
Minimum Principal Building Setbacks (feet)
__._...._....................__...............
..._............... _._................ ._......
_... ._............ .................................................
_....................................................
... _._..................... ....._..._.__.
.........._.._ .... .................. _.._................. _.......... ----._--.................... ........... .......... ......... ....... ----.......................... __........ _.__.............
Front Yard
_.................. _....... -_.......................
30
__........ -......... ---...... ...... _
200
....... _......... _............. ----................ .... I ..................
30
_... - ......
30
. ...................
100
............ _.... ...__......._............... .......... ...................... _................... --.................... ...... _........ ....... .................... ---........ ........ ---.
Interior Side Yard
... ................. _._.._..... ....................
10
............... ........................................
200
__..... _._...... ............... ..................
10
_._.................... ............................
10
_....... ........................ __._...._.
50
... ............... ......._............... _....................................................._......._............................._...............................__..__..........._.._.................._.................._...................._.
_�
Corner Side Yard
..................
25
.. _....................._......._..................._..............................._...._..............................................._................._.............._......
200
25
25
_..
80
......... _._......__._.... _....... _... _............. .................................. .......... _..... ........................... ................................ __.................. _.... _......................
Rear Yard
_.__.-......................................................
40
.........._... _..................................................
200
..... __ ....... I........._ ............
40
- ---._.....-----
40
............... ........ --...................
100
..... _...... _..._..... ......... _... ............ _._.................. ......._..._..__...... ------------- _......._----- _......... _......... ....................... __...--
Minimum Accessory Building Setbacks (feet)
... _.................. _._........... ....... _..................
_........... _... ........ ..............
.... ..... _... _............ _..................................
_...................................................
.... _....... ..........._._...._....._._._...
..... ......_.._......... _... _.... _....... _..... _..................... _.... __............. _.... _........... _........ _...... _.._............................ .............. ..................
Front Yard
-................. _.................... _.....................
30
_..................................... -----
200
........ _........... _.... _.......... _._.... _.............
30
__.......... _........... __... ......
30
_.... ........... ....... -._....................
100
.......... __...... ..... _... ... ............-...._........__.........._.................._..............................._.........__......_...__...................__.........._...........................------..............................._.........._......................__......_....._..................._............--
Interior Side Yard
10
200
._.... ....... .......---.._.
10
... _.... _._...__.........................
10
_._........ __....................... _............
15
............ _..... _......... .._.......... _..... ._....... _._...._......... _....... _......... _.................... _.... _.... _....... _............ __._................ ..... _..................
Corner Side Yard
..... _.... _.............. _................
25
_._........ _._.._._..... _._........................
200
_..... ---.... _...........................................................................
25
_.............
25
__.... -............... .------- _.... _-_....
30
................... _.......... ... .._..__...._......... _.......... .... _................. _........................ _._.... _............... _.__.- ........... _........ -_...__-
Rear Yard
..... ..................... _.._....--.....
40
_......... .......... __............... _......
200
----...................................................... _....
40
........_.._.---.... ........ _
10
......... _._.... __._.......... _......................
15
..............._......._....
Minimum Agricultural Related Setbacks
......................................
_............._._...... _..... __..........................
...._........ ................... ......................................................._...__._..._.._.................._..........__
.................... .
(Animal buildings, feedlots or manure storage
sites)
............................................................................................................_
_....................................... ...................................................................
Any Property Line
-............... _....... _---_...............
200
_............. --.--...... _....__
200
.... _...................... _...... _............ ---.......
200
_._........................................
-
_........ _... .......... ........ .... _......... _......... .
-
..... _........... ... ..__._..
An. _. ........
Existing or ResidentialStructure
.................. .... -..... _................_......_---......................._._..___.._.._
50
5..
................................
50
-_ --..........__.
..... _........__.........__._......-y
......_........... .......... ...... ....... .............. .................................... _... _................................................... .................... ......................................................
Any Body of Seasonal or Year-round Surface
_.......... _.... __... _....................... _
200
..... -_..... ---._._.................................
200
_..... __......................................... _._
200
.......... _...................................
-
--.._.......... --- ...........
-
Water
Notes to Rural Districts Table 9-2
4
a. 1 dwelling unit per 40 acres applies to all non -farm dwellings. In addition to non -farm
dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: a 40-acre parcel not reduced by more than 10% due to road rights -of -way
and survey variations.
c. Nominal 10 acres: a 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road
rights -of -way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer service shall be 24,000 square
feet per residential unit.
e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is
required.
f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of
lot length to width shall be a maximum of 3:1 - Flag lots are prohibited.
g. Corner properties: The side facade of a corner building adjoining a public street shall maintain
the front setback of the adjacent property fronting upon the same public street, or the
required front yard setback, whichever is less. If no structure exists on the adjacent property,
the setback shall be as shown in the table.
§154.403 Dimensional Requirements and Preservation of Open Space
A. Lot Configuration, RR District. All lots must be rectangular in shape and any 2 adjacent sites
must have an aspect ratio not exceeding 4:1.
§154.404 Site Design and Development Standards.
Development of land within the rural districts shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specified in 6 an�Ew` The
following standards apply to specific uses, and are organized by district.
A. Single -Family Detached Dwelling, All Rural Districts. All single-family dwellings shall be at
least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and
be placed on a permanent foundation.
B. Septic Drainfield Regulation, A, RR and RS Districts. All lots must have at least 20,000 square
feet of land suitable for septic drainfields and area sufficient for 2 separate and distinct
drainfield sites. Placement of the second required drainfield between the trenches of the first
drainfield is prohibited.
C. Septic Drainfield Regulation, RE District. All new subdivided lots shall have a minimum of
20,000 square feet of land to be dedicated for septic system use and suitable for that use. This
land may comprise up to 2 separate areas, each of which is contiguous to the 1.25-acre
building site or contained within it, and each of which contains at least 10,000 contiguous
square feet. Placement of the second required drainfield between the trenches of the first
drainfield is prohibited.
D. Secondary Dwelling, A District. One non -farm dwelling per each 40 acres, or part of a dwelling
on a prorated basis, not already containing a farm or non -farm dwelling, is permitted provided:
1. The dwelling unit is located on a separate parcel of record in the office of the County
Recorder and/or County Auditor, which shall be at least 1-1 /2 acres in size;
2. The parcel on which the dwelling unit is located must have at least 125 feet of frontage
along a public street, be rectangular in shape and no dimension to be greater than 3 times
the other; and
3. The dwelling is separated by at least 300 feet from the nearest farm building.
E. Parking Standards, A, RR and RS Districts. 3 space of off-street parking required per dwelling
unit.
F. Parking Standards, RE District.
1. 2 enclosed spaces minimum (200 square feet minimum per space).
2. 2 exterior spaces with minimum setback of 50 feet from any property line.
G. Non -Agricultural Low Impact Use, A, RT Districts. The City recognizes that allowing non-
agricultural low impact uses, strictly controlled and regulated by Interim Use Permit, might
allow a farmer or large property owner an economical use of his or her property that is zoned
Agricultural. The following standards may apply to these types of uses.
1. All of the property owner's real estate that is contiguous to the non-agricultural low impact
use must be zoned Agricultural and remain so zoned while the conditional use permit is in
effect.
2. The area where the non-agricultural low impact use is located shall be legally defined and
approved by the city and is hereafter known as the "Non-Ag Area." The Non-Ag Area shall
not exceed 4% of the property owner's contiguous agricultural zone gross lot area. The
building footprints and asphalt and concrete surfaces within the Non-Ag Area shall not
exceed 1.5% of the property owner's contiguous agricultural zone gross lot area.
Landscaping, berms, ponds, gravel driveways, and other improvements that would
otherwise be permitted in the Agricultural zone may be located outside of the Non-Ag
Area.
3. Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or
larger.
4. Non-agricultural low impact uses shall not generate more than 3 trips per day per acre of
contiguous agriculturally zoned area, with the exception of land with sole access to Hudson
Boulevard that shall not generate more than 6 trips per day per acre.
5. Any uses under this section involving the outside storage of vehicles, equipment, or goods
shall be located a minimum of 200 feet from any public roadway or adjacent landowner's
boundary, except that the setback from the 1-94 frontage road shall be not less than 50
feet. In addition, any such outside storage shall be screened from view from adjacent
property and the public roadway by berms and landscaping. A plan for such screening shall
be submitted with the application for the Interim Use Permit which shall clearly
demonstrate by view cross -sections that said screening will be effective immediately, and
in all seasons. Degradation of such screening by loss of landscape materials, outdoor
storage of items that exceed the screened height or for any other reason shall be grounds
for rescinding the outdoor storage portion of the Interim Use Permit.
6. Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres
or 235 gallons per day per net acre of land based upon design capacity of facilities,
whichever is more restrictive.
7. The property owner shall maintain the remaining land or farm outside of the IUP Area in
accordance with the permitted uses of the Agricultural zoning district and the required
practices of the Soil and Water Conservation District.
8. Rate and volume of stormwater runoff must meet the requirements of the City's
Stormwater Ordinance.
9. In the event that the property owner, or future property owner, initiates a Comprehensive
Plan amendment and rezoning of any or all of the contiguous real estate from Agriculture
to a more intensive use, the Interim Use Permit shall terminate and all non -conforming
structures shall be removed from the site within 1 year from the date of the City Council's
adoption of the Comprehensive Plan amendment and rezoning, unless the City agrees
otherwise. This section shall not apply if the City initiates rezoning or if property owner is
forced to transfer title to any part of the contiguous real estate due to eminent domain.
10. All conditional use permits granted to a non-agricultural low impact use shall be reviewed
on an annual basis, and may be rescinded, after a 2-week notice and a public hearing, if
the Council finds that the public health, safety, or welfare is jeopardized.
11. The standards for buildings or structures, as listed in the minimum district requirements of
the Agricultural Zone, shall not apply to structures built prior to the effective date of this
chapter.
H. Unserviced Lots, RT, A, RR Districts. All lots that are subdivided without city sewer and public
water service shall meet the following standards:
1. Lots, houses and other structures, driveways and any new streets shall be located in
compliance with the comprehensive plan and any more detailed area plans for future
roads, public water services and drainage.
2. The Planning Commission may require a sketch plan showing how the entire tract could be
divided when city services become available. Lots and buildings shall be sited and streets
shall be laid out to facilitate future subdivision.
Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR Districts.
The facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas shall be
located at least 100 feet from adjacent properties; landscaping or other screening may be
required.
Agricultural Services and Support, RT, A Districts.
1. A facility established after the effective date of this ordinance shall have direct access to a
collector or higher classification street.
2. An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening and other site improvements consistent with the character
of the neighborhood.
3. All processing of animal or dairy products shall take place within an enclosed building.
5154.405 Accessory Uses and Structures.
Accessory uses are listed in the Rural District Use Table as permitted or conditional accessory uses.
Accessory uses and structures in the rural districts shall comply with the following standards and all
other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to
the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
S154.406 Accessory Structures - Rural Districts.
In all rural districts, the design and construction of any garage, carport, or storage building shall be
similar to or compatible with the design and construction of the principal building. The exterior
building materials, roof style, and colors shall be similar to or compatible with the principal building.
A. Maximum Number and Size of Accessory Structures in Rural Districts. The maximum number
and size of accessory buildings permitted in the rural districts are outlined in Table 9-3. No
accessory building shall be constructed unless there is adequate room for the required
secondary drainfield site.
Table 9-3 Maximum Number and Size of Accessory Structures - Rural Districts
Zoning District + Parcel Size
Standard
A (Conforming)
There shall be no limit on the size or number of
accessory buildings so long as the parcel is a nominal
40 acres or more, and buildings are agricultural
.......................................__.._..........__............_.........._................._..................................... _........._bui.ldings
............. ..as...defined.._m...5....1..54.092(A)_(.5............................................................................
A (Non -conforming)
Up to 10 acres
Two buildings with a combined area not to exceed
................................................................................................................................................................................................................................................................................................................................................................................................................................................
2,000 square feet.
Over 10 acres but less than 40
Two buildings and the area of each building not to
acres.........__..............._..........._............................_...._......................................................_exceed
...........
2,000 square feet
.................................................................................................................................
RR
...................................... ......................................................................... ............................................... -...... ..... ......................._..........
......................... ............ ..................................... ............................ ............................ .................. ................................................... - ................ .........
Up..to..1.0.._acres.................... ............. ....................................... .....................One..
2,000-square...foot...detached..building.................................... ................. ..........
1._0.-1._5.._acres.......__...............................__.._......................................._............_One
2,500-square foot .. detached. building......................................................._
Over 15 acres
.... ......... ......
One 3,000-square foot detached building
.......... ......... ._...... ...............
RS and RE
Over 5,000 square feet but less
A combined 1,200 square feet total for both attached
than one acre
and detached accessory structures or residential
garage; the size of the footprint of the detached
structure shall not exceed the size of the footprint of
the primary structure
1-2 acres One 1,200-square foot detached residential garage or
building-.
Over 2 acres One 1,300-square foot detached residential garage or
building-.
B. Attached structures. An accessory structure shall be considered attached, and an integral part
of, the principal structure when it is connected by an enclosed passageway. All attached
accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
C. Detached Structures. Detached accessory structures shall be permitted in rural districts in
accordance with the following requirements:
1. Detached structures shall comply with the provisions of Section 154.092.
2. 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 RS
Districts where detached garages may be permitted nearer the front lot line than the
principal building by resolution of the City Council.
3. Pole barns, as defined herein, exceeding one hundred twenty (120) square feet shall be
prohibited in the RS and RE Districts.
4. Garage doors or openings shall not exceed fourteen (14) feet in height.
5. Detached structures shall not exceed a height of twenty-two (22) feet or the height of the
principal structure, whichever is higher unless otherwise specified in Section 154.092
5154.407 Accessory Uses.
A. Exterior Storage in Residential Districts. All materials and equipment shall be stored within a
building or be fully screened so as not to be visible from adjoining properties, except for the
following:
1. Laundry drying,
2. Construction and landscaping materials and equipment currently being used on the
premises. Materials kept on the premises for a period exceeding six (6) months shalt be
screened or stored out of view of the primary street on which the house fronts.
3. Agricultural equipment and materials, if these are used or intended for use on the
premises.
4. Off-street parking and storage of vehicles and accessory equipment, as regulated in 'v-'J F
5, Section 155.67.
5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and
screened from view from adjacent properties.
6. Outdoor parking.
B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all
residential districts, limited to two (2) per calendar year per residence, not to exceed four (4)
days in length.
S154.408 Accessory Uses and Structures Not Listed.
0
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in =article 7, Specific Development Standards. These include uses
such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pools and solar equipment.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-073 was adopted on this 19th day of
March 2013, by a vote of J_f ' Ayes and D Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-073 was published on the day of Piz t-- , 2013.
10
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as_OAKDALF,/T,AKF. FT,MO REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 08-073
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 3RD day of
APRIL , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABC DEFGH IJKLM NOPQRSTUVWXYZ
*ABC DEFGH U KLM NOPQRSTUVWXYZ
*abcdefghijkimnopq rstuvwxyz
Subscribed and sworn to before me on
t
3RD day of APRIL 20 13
W_�L—u—x— e - , k_5-L
BY:
TITLE LEGAL COORDINATOR
Notary Public
"Alphabet should be in the same size and kind of type as the notice.
TONYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
+ 10 MY Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .........................................
(2) Maximum rate allowed by law for the above matter ...............
(3) Rate actually charged for the above matter .........................................
01/13
.$25.00 per col. inch
.$25.00 per col. inch
.....$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-073
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTING
REVISED RURAL DISTRICT
STANDARDS AND ADDING A
NEW FIT RURAL DEVELOPMENT
TRANSITIONAL DISTRICT TO
THE ZONING ORDINANCE
Section 1: Ordinance 08-073: The
City Council of the City of Lake Elmo
has adopted Ordinance No. 08-073,
which incorporates revised rural
districts into the Zoning Ordinance.
The ordinance repeals the existing A
— Agriculture, RR — Rural
Residential, and RE — Residential
Estates districts and moves these
districts into the new sections;
renames the R-1 Single Family
District to RS Rural Single Family;
and adds a new FIT — Rural
Development Transitional District to
the Zoning Ordinance. The other
significant changes are as follows:
• The rural districts have been
reformatted using the new ordinance
numbering and organizational
scheme.
- The districts are better organized
using the urban districts as a guide.
• The rural districts now make use of
the more complete list of use
classifications and definitions
previously approved by the City,
- The area that must be set aside on
individual lots for septic drain fields
has been reduced from 1 acre to
20,000 square feet in order to match
the existing standards in RE —
Residential Estate districts. Two
treatment sites must still be identified
on each building site for a primary
and secondary system. Please note
that the County rules require 10,000
square feet of area (5,000 for each of
the primary and secondary sites) for
drain fields.
• The existing provisions related to
cluster subdivisions in A and RR
zones have been removed.
The full text of Ordinance No. 08-
073 is available for inspection at
Lake Elmo city hail during regular
business hours.
section 2• Effective Date This
ordinance becomes effective after
the date of its summary publication.
ADOPTION DATE: Adopted by
Lake Elmo City Council on the
nineteenth day of March 2013.
Ayes: 5
Nays: 0
!s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Apr. 3,
2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-074
AN ORDINANCE AMENDING THE PARKS AND RECREATION CHAPTER OF THE
LAKE ELMO CITY CODE OF ORDINANCES GOVERNING WATER SURFACE USE
Section 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 97: Parks and
Recreation, of the City Code is hereby amended in the following manner:
WATER SURFACE USE
§ 97.20 PURPOSE.
The purpose of §§ 97.20 et seq. is to establish the rules governing the use of the lake surfaces within
the city. It is the intent of § § 97.20 et seq. to promote the health, safety, welfare, and well-being of all,
and to define the standards of behavior expected for all water users.
(1997 Code, § 1380.01)
§ 97.21 WATERCRAFT AND WATER SURFACE USE REGULATIONS.
The following regulations shall apply to the use of watercraft on lakes entirely within the city limits,
to the use of a lake entirely within the city limits, and to the use of ice surfaces on lakes entirely within
the city limits.
(A) Dumping. No person shall dump or throw garbage, paper, bottles, cans, refuse, or debris into
any lake or on the shore of any lake or in any public area around any lake in the city.
(B) Hours of operation.
(1) Normal conditions. No person shall operate any motorboat at a speed greater than a slow,
no -wake speed as defined by M.S. § 8613.005 in the following manner:
a. Lake Elmo — between sunset and noon the following day, seven days a week
b. Olson Lake, Lake Demontreville and Lake Jane — between sunset and sunrise,
Monday through Friday; and between sunset and 9AM on weekends and holidays
c. All other lakes within the jurisdictional boundaries of the City of Lake Elmo —
between sunset and noon, seven days a week.
(2) High water conditions. No person shall operate any motorboat at greater than a slow, no -
wake speed as defined by M.S. § 8613.005 whenever the lake level of Lakes Olson and Demontreville
is above 929.7 feet above sea level (MSL). This restriction will remain in effect until the water level
drops below 929.7 feet, and remains there for three consecutive days. No person shall operate any
motorboat at greater than slow, no -wake speed as defined by M.S. 86B.005 whenever the lake level of
Lake Jane is above 924.0 feet above sea level (MSL). This restriction shall remain in effect until the
water level drops below 924.0 and remains there for three consecutive days.
(C) Operating regulations. No person shall operate any watercraft in violation of the provisions
of this code, or in violation of the provisions of M.S. Chapter 86B or Minnesota Boat and Water Safety
Rules (6110.0100-6110.2300) which statutes and rules are hereby adopted and incorporated herein.
(D) Buoys. No person shall place a buoy or structure on a lake overnight unless the buoy is
specifically authorized by the Washington County Sheriff. No buoy or structure, other than shallow
water marking or channel buoys shall be left overnight or placed contrary to MN Water Safety Rules
6110.1800.
(E) Operation. All motorboats, operating in excess of a slow, no -wake speed shall operate in a
counter clockwise direction on all City of Lake Elmo lakes seven days a week. Personal watercraft use
is governed by M.S. 86b.313.
(F) Non-public lake access. No person, except riparian owners, shall launch a watercraft or gain
access to or egress from a lake other than at a designated public access point except in the case of any
emergency or except with the written permission of the riparian lot owner. A person who has written
permission to launch a watercraft from a riparian lot shall park their vehicle(s) and trailers) on the lot
of the riparian owner. Riparian lot owners who grant permission to use their property as a launch site
shall otherwise comply with all of the land use regulations of the city.
(G) Public launching areas. Except as noted in division (F) no person shall launch a watercraft
or gain access to or egress from a lake except from a public right-of-way or other public park area in
those locations specifically designated and posted for the purpose.
(H) Non -motorized carry -on access. A person may access any public waters through public land
with a hand -carried non -motorized watercraft in accordance with M.S. § 86B.201, Subd. 3.
(I) Safe operating distance.
(1) No person shall operate or permit the operation of a personal watercraft per M.S. §
86B.313, in excess of slow, no -wake speed, within 150 feet of a shoreline.
(2) Launching or landing a personal watercraft or towing a person on skis or other devices
must be done by using the most direct route to or from open water.
(J) Non -motorized watercraft. A non -motorized watercraft has the right-of-way over motor -
powered watercraft except when it is the overtaking watercraft. Motor -powered watercraft should
always keep clear and pass astern on non -motorized watercraft (Minn. Rule 6110.1200, Sub. 1, D).
(1997 Code, § 1380.03)
(K) Permanent "slow - no wake: areas. The channels and narrows between Lake Olson and
Lake Demontreville are hereby designated as permanent "slow - no wake" areas and appropriate signs
or buoys meeting the specifications found in Minn. Rules 6110.1500 shall be posted.
N
(Am. Ord. 97-150, passed 3-1-2005; Am. Ord. 08-014, passed 5-19-2009; Am. Ord. 08-050, passed 7-
19-2011; Am. Ord. 08-50, passed 11-1-2011; Am. Ord. 2012-58, passed 7-17-2012) Penalty, see
10.99
§ 97.22 WINTER LAKE USE REGULATIONS.
(A) Dumping. No person shall dump or throw garbage, paper, bottles, cans, refuse, or debris into
the ice of a lake or into any lake or on the shore of any lake or in any public area around any lake in the
city.
(13) Clean-up. Ice house owners are responsible for clean-up of trash within 25 feet of the house.
(C) Emergency access. No person shall gain access to or egress from the ice of a lake other than
at a designated public access point except in the case of emergencies or except with the written
permission of a riparian lot owner. Persons who have written permission to access or egress the lake
from a riparian lot shall park their vehicles and trailers on the lot of the riparian owner. Riparian lot
owners who grant permission to use their riparian property for access to or egress from a lake shall
otherwise comply with all land use regulations of the city.
(D) Ice fishing holes. No person shall leave holes in the lake larger than 1 foot in diameter unless
the holes are visibly marked for day and night.
(E) Size of ice fishing house. No person shall place an ice house larger than what is allowed by
Minnesota State Statutes and is regulated by the fish and game authority.
(F) Fires. No person shall have an open fire on the ice surface of a lake.
(1997 Code, § 1380.04) Penalty, see § 10.99
§ 97.23 PROHIBITED STRUCTURES AND USES.
(A) Lake activities. Motorboat races are prohibited. Fishing tournaments, ski jumps, slalom
courses, or other competition or exhibition events are allowed only as specifically authorized by state
statutes and rules, the Washington County Sheriff Department. The City Clerk shall acknowledge by
signature all lake activities authorized prior to any authorized event or installation of ski jumps or
slalom courses for the purpose of public information dissemination.
(B) Fee for lake use. Unless specifically authorized by the Council, and unless consistent with
the city's zoning regulations, no riparian lot owner shall offer the use of their property for a fee or other
consideration:
(1) As ingress or egress to a lake;
(2) For watercraft rental;
(3) For swimming, skiing, or watercraft lessons, unless provided by a non-profit or water
safety agency for the purpose of basic instructions;
(4) For a watercraft launch site; and/or
(5) For any ancillary water or ice related use.
(1997 Code, § 1380.06) (Am. Ord. 2012-58, passed 7-17-2012) Penalty, see § 10.99
§ 97.24 ENFORCEMENT.
(A) Local Enforcement. Pursuant to MN § 378.32, 459.20, the City of Lake Elmo assigns by
service agreement the enforcement of Chapter 97.20-97.23 of the City Code to the
Washington County Sheriff's Department.
(B) Penalties. Penalties for non-compliance shall be governed by § 10.99 of the City Code and
prosecuted by the City of Lake Elmo Attorney.
(C) Exemptions. Government agencies engaged in resource management, emergency services or
enforcement activities are exempt from the provisions of Chapter 97 when acting in the
performance of their assigned duties.
§ 97.25 REVIEW.
(A) The Lake Elmo City Council, upon request, shall review the effect of surface water use
ordinances on the quality of life, water quality (including clarity), and lake use safety prior to
"ice out" or the beginning of normal lake use season. The Lake Elmo City Council shall
consult with MnDNR, University of Minnesota Extension, and the Washington County
Sheriff's Department as apart of this review.
Section 2. Adoption Date. This ordinance shall become effective immediately upon adoption and
publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-074 was adopted on this day of 2013, by a vote of
J- Ayes and 0 Nays.
Mike Pearson
Mayor
ATTEST:
Adam Bell
City Clerk
This Ordinance No. 08-074 was published on the 2-S'-day of SEper�?e(2 ,, 2013.
1�
M
Affidavit ®f Publication
Stale of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKT)AT.F-T.AKF F.T.MO RF.VTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-074
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 25" day of
SEPTEMBER , 20 13 , and was thereafter printed and published on every to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFG H IJKLM NOPQRSTUVWXYZ
'ABCDEFGHIJ KLM NOPQRSTUVWXYZ
"abcdefg h ijklm nopq rstuvwxyz
Subscribed and sworn to before me on
thi 25TH day of SEPTEMBER , 2 13
BY: "1- sj�dQ4
LEGAL COORDINATOR
Notary Public
"Alphabet should be in the same size and kind of type as the notice.
A'+r;je.'�._:,a•'4.4'Jv:it„>°e�rih�l.'hta`�:4 w"i.`a+`•J`i14Ceelh �;.
t... ,
Novanf, Public-141innesoL� RATE INFORMATION
MV v°J1114sss. EmiresJ. 31i 2i's
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
................. $25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO'
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. ;08 074
Aft"OR,DINANCE
"AMENDING. aTHE PARKS AN4 •>.:
RECR.EAT,14?N CHAPTER,OF.:TtfE:;
LAKE ELMO CITY CODE OF
ORDINANCES GOVERNING
WATER SURFACE USE
Section 1: Ordinance 08-074 The
City Council of the City of Lake
Elmo has "adopted Ordinance No.
08-074, which replaces the current
sections of the City Code
pertaining to Water Surface use.
The ordinance includes the
following provisions. '
The ordinance establishes new
hours of operation for Olson Lake,
Lake Demontreville and Lake
Jane.
• The ordinance makes changes to
the High Water Conditions duration.
• The ordinance establishes new
sections dealing with Enforcement
and Review.
The full text of Ordinance No. 08-
047 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2: Effective Date: This
ordinance shall become effective
Immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 170h
day of September 2013.
Ayes: 4
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Sept.
25, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-075
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE AS AMENDED.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 150:
General Provisions, by adding the following language:
S150.900 The City of lake Elmo does hereby adopt, by reference, the year 2006 edition of
the International Property Maintenance Code, as hereinafter amended pursuant to this
ordinance, as the Property Maintenance Code of the City of Lake Elmo.
S150.901 That the year 2006 edition of the International Property Maintenance Code adopted
by this ordinance is hereby modified by deleting the following sections: 103.2, 103.3, 302.4,
and sections 111.1 through 111.8.
S150.902 That the year 2006 edition of the International Property Maintenance Code
adopted by this ordinance is hereby amended by modifying the following denominated
sections thereof to read as hereinafter set forth:
Chapter 1
101.1 For the purpose of this article, these regulations shall be known as the Property
Maintenance Code of the City of Lake Elmo, hereinafter referred to as this code.
102.3 Application of Other Codes. Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accordance with the procedures and provisions of the
Minnesota State Building Code. Nothing in this code shall be construed to cancel, modify or
set aside any of the provisions of the City of Lake Elmo Zoning Code.
103.1 Enforcement. Responsibility for enforcement of this code shall be vested in the
City's Building Officials Office. The City's Building Official is hereby appointed as the code
official for the purposes of this code and employees acting under his or her discretion and
control shall be deemed to be deputy code officials.
103.5 Fees. The fees for activities and services performed by the department carrying out
its responsibilities under this Code shall be determined by the City Council.
Chapter 3
304.14 Insect Screens. During the period from May 15 to October 31 every door window and
other outside opening required for ventilation of habitable rooms, food preparation areas,
food service areas or any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and
every screen door used for insect control shall have a self -closing device in good working
condition.
Chapter 6
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one
or more dwelling units or sleeping units or sleeping units on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat during the period from
September 1 to May 31 to maintain a temperature of not less than 68 F (20 C) in all habitable
rooms.
602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat
during the period from September 1 to May 31 to maintain a temperature of 65 F (18 C)
during the period the spaces are occupied.
Chapter 8
800 General References. Whenever this code refers to the International Building Code, the
ICC Electrical Code, the International Fire Code, the International Mechanical Code, or the
International Plumbing Code, such references shall be deemed to the comparable applicable
Code as adopted by the State of Minnesota. Whenever this code shall refer to the
International Zoning Code, such references shall be deemed to be Chapter 154 of the Lake
Elmo City Code.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-075 was adopted on this seventh day
of May 2013, by a vote of 4 Ayes and 1 Nays.
LAKE EL ITY COU
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
` This Ordinance 08-075 was published on the 151 day of M An , 2013.
Affidavit ®f Publication
Mate of Minnesota
SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKI)AI,F,/I.AKF. FI.M(l RFVIFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-075
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 29TH day of
MAY , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`abcdefgh ijklmnopgrstuvwxyz
Subscribed and sworn to before me on
Is 29TH day of MAY 13
Notary Public
BY: 0W, AGLl.,,
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
+v
TONYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
My C.omm?ssion Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space ....................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
and services performed by the
out its
department carrying
under his shall
responsibilities
be determined by City Coe
CITY OF LAKE ELMO
304� insect Screens. During the
COUNTY OF WASHINGTON
.11t4
from May 15 to October 31
STATE OF MINNESOTA
period
every door window and other outside
for ventilation of
ORDINANCE NO. 08-075
opening required
habitable rooms, food preparation
AN ORDINANCE AMENDING
THE LAKE ELMO CITY CODE
areas, food service areas or any
to be included
OF ORDINANCES BY ADOPTING
THE
areas where products
utilized in food for human
2006 EDITION OF THE
INTERNATIONAL PROPERTY
or
consumption are processed,
or stored
MAINTENANCE CODE AS
AMENDED.
manufactured, packaged
shall be supplied with approved
SECTION 1. The City Council of
tightly fitting screens of not lessthanthe
(16 mesh p
City of Lake Elmo hereby
amends
16 mesh per inch
mm), and every screen door used for
Chapter 150: General
Provisions, by adding the
insect control shall have a self-
in working
following language:
closing device good
§150.900 The City of lake Elmo
condition.
does hereby adopt, by reference, the
Chat"
602.3 Heat Supply. Every owner
year 2006 edition of the International
Property Maintenance Code, as
and operator of any building who
hereinafter amended pursuant to this
rentsleases or lets one or more
dwelling units or sleeping units or
ordinance, as the Property
Maintenance Code of the City of
sleeping units on terms, either
expressed or implied, to furnish heat
Lake Elmo.
§150.901 That the year 2006
to the occupants thereof shall supply
from
edition of the International Property
Maintenance
heat during the period
September 1 to May 31 to maintain a
Code adopted by this
ordinance is hereby modified by
temperature of not less than 68 F (20
deleting the following sections:
C) in all habitable rooms.
602.4 Occupiable Work Spaces.
103.2, 103.3, 302.4, and sections
111.1 through 111.8.
Indoor occupiable work spaces shall
be supplied with heat during the
§150.902 That the year 2006
edition of the International Property
period from September 1 to May 31
of 65 F (18
Maintenance Code adopted by this
ordinance
to maintain a temperature
C) during the period the spaces are
is hereby amended by
modifying the following denominated
occupied.
sections thereof to read as
haoter 8
General References.
hereinafter set forth:
Chapter 1
800
Whenever this code refers to the
Building Code, the ICC
101.1 For the purpose of this article,
these regulations shall be known
International
Electrical Code, the International
International
as
the Property Maintenance Code of
Fire Code, the
the
the City of Lake Elmo, hereinafter
Mechanical Code, or
International Plumbing Code, such
referred to as this code.
102.3 Application of Other Codes.
references shall be deemed to the
Repairs, additions or alterations to a
comparable applicable Code as
adopted by the State of Minnesota.
structure, or changes of occupancy,
shall be done in accordance with the
Whenever this code shall refer to the
procedures and provisions of the
International Zoning Code, such
be deemed to be
Minnesota State Building Code.
Nothing in
references shall
Chapter 154 of the Lake Elmo City
this code shall be
construed to cancel, modify or set
Code.
SECTION 2. Effective Date. This
aside any of the provisions of the
City of Lake Elmo Zoning Code.
ordinance shall become effective
and
103.1 Enforcement. Responsibility
immediately upon adoption
for enforcement of this code shall be
publication in the official newspaper
vested in the City's Building Officials
of the City of Lake Elmo.
Adopted by
Office. The City's Building Official is
ADOPTION DATE:
on the
hereby appointed as the code official
Lake Elmo City Council
for the purposes of this code and
seventh day of May 2013
employees actirig under his or her
Ayes:4
discretion and control shall be
Nays: 1- Nelson
/s/ Mike Pearson, Mayor
deemed to be deputy code officials.
103.5 Fees. The fees for activities
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: May
29, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-076
AN ORDINANCE AMENDING CHAPTER 154 OF THE LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTIONG A NEW OFFICIAL ZONING DISTRICT MAP
SECTION 1. The Zoning Map of the City of Lake Elmo established by the City Code,
Section 154.351 is amended by deleting the existing Lake Elmo Zoning Map and
adopting a new official Zoning Map which is attached and incorporated herein as
Exhibit "A".
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-076 was adopted on this seventh day
of May 2013, by a vote of 5 Ayes and O Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Ma r
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-076 was published on the*2� ki day of ��`� , 2013.
Affidavit ®f Publication
State of Minnesota
County of Washington SS
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKT)AT,F/T.AKF. F1.M0 RF.VTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-076
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 29TH day of
MAY , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`abcdefghijkimnopq rstuvwxyz
Subscribed and sworn to before me on
H
t is 29 Tday of MAY 13
Notary Public
BY: 1. wj�&
TITLE LEGAL COORDINATOR
"Alphabet should be in the same size and kind of type as the notice.
- TONYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
4.4g_ My Commission Expires Jan 37, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
................. $25.00 per col. inch
$25.00 per col. inch
........................ $ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-077
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING TREE PRESERVATION STANDARDS FOR ALL DEVELOPMENT AND MAJOR
GRADING ACTIVITIES.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 6. ENVIRONMENTAL PERFORMACE STANDARDS
5154.250 Purpose
S154.257 Tree Preservation
S154.250 Purpose
The purpose of this section is to provide regulations of general applicability for property throughout
the City that are intended to protect or enhance natural resources and processes, and minimize
conflicts among land uses.
S154.257 Tree Preservation
A. Purpose. Within the city of Lake Elmo, trees and woodlands are considered a valuable asset to
the community. The City places a priority on protecting this asset and finds that it is in the
best interest to regulate the development and alteration of wooded areas within the
community. All builders, developers and subdividers shall comply with all the provisions in the
Zoning Code which address the preservation of existing significant trees. All builders,
developers and subdividers are encouraged to preserve all healthy trees of significant value
even if the trees do not meet the size requirements to be considered significant trees.
B. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Common Tree. Includes Ash, Aspen, Basswood, Box Elder, Catalpa, Cottonwood, Elm,
Hackberry, Locust, Poplar, Silver Maple, Willow and any other tree not defined as a hardwood
deciduous tree or a coniferous/evergreen tree.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, is at least twelve (12) feet or
more in height, having foliage on the outermost portion of the branches year-round.
Tamaracks are included as a coniferous tree species.
Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius distance
of one (1) foot per one (1) inch of tree diameter. E.g. a twenty -inch diameter has a critical
root zone with a radius of twenty (20) feet.
Deciduous Hardwood Tree. Includes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and
Walnut.
Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4'h feet (54
inches) above the ground.
Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall directly
to the ground from the leaves or the branches of the tree.
Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with a
shade tree disease or shade tree pest; (2) Any logs, stumps, branches, firewood or other part of
dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly
treated; and (3) Any standing dead trees or limbs which may threaten human health or
property.
Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt
(Ceratocystis fagacearum) or any other tree disease of epidemic nature.
Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, or
twelve (12) inches in diameter for common trees, as defined herein.
Specimen Tree. A healthy tree measuring equal to or greater than thirty (30) inches in
diameter breast height.
Tree Preservation Plan. A plan prepared by a certified forester or landscape architect
indicating all of the significant trees in the proposed development or parcel. The Tree
Preservation Plan includes a tree inventory which includes the size, species and location of all
significant trees proposed to be saved and removed on the area of development, and the
measures proposed to protect the significant trees to be saved.
Woodland Evaluation Report. A report prepared by a certified landscape architect, forester or
land surveyor indicating the general location, condition and species of significant trees on a
parcel planned for future development or grading activity. The report must demonstrate that
there will be no impact to existing significant trees as part of the development or grading
activity. Finally, the report must include the measures proposed to protect significant trees on
the site.
C. Tree Preservation Standards for Developing Properties
1. Applicability.
a. A Tree Preservation Plan, or suitable alternative as determined by the City, shall be
submitted and approved for the following activities:
i. New Development in Any Zoning District. A Tree Preservation Plan shall be
required as part of any development or subdivision application.
ii. Any grading or excavation project that result in the movement of greater than 400
cubic yards of material per acre of site per 5151.017.
iii. If the applicant is able to demonstrate that the proposed development or major
grading activity includes no impact to the significant trees on the site, then the
applicant may be exempt from the requirement to submit a Tree Preservation Plan.
It is the responsibility of the applicant to demonstrate that there are no impacts to
significant trees through a Woodland Evaluation Report or some other form of tree
survey or study.
b. A Tree Preservation Plan is not required for the following activities:
i. This section does not apply to the issuance of a development approval for a single-
family residence on an existing platted lot of record.
ii. This section does not apply to the harvesting of trees. For purposes of this section,
"harvesting" means cutting or clearing trees for purposes relating to forestry
2
operations, as defined in S154.012. "Harvesting" does not include the clearing of
Land for the purposes of development, even where the trees are sold for purposes
of creating lumber for related purposes.
2. Tree Preservation Plan. All applicants shall submit a tree preservation plan prepared by a
certified forester or landscape architect in accordance with the provisions of this section.
During the review of an application for a building permit, grading permit or Preliminary
Plat, the tree preservation plan will be reviewed according to the best layout to preserve
significant trees and the efforts of the subdivider to mitigate damage to significant trees.
3. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a separate plan
sheet(s) that includes the following information:
a. The name(s), certification(s), telephone number(s) and address(es) of the person(s)
responsible for tree preservation during the course of the development project.
b. Tree Inventory. The Tree Preservation Plan must include a Tree Inventory through one
of the following methods:
i. Tree Inventory Individual. An individual inventory including an identification
system linked to metal field tags located four and one-half (4.5) feet from grade on
all significant trees. The quantity, size species, health and location of all
significant trees must be identified on a plan sheet in both graphic and tabular
form.
ii. Tree Inventory Sampling. In cases of sites with large tracts of significant trees, the
City may approve the use of a sampling inventory for all or portions of a site as an
alternative to an individual inventory. The sampling inventory must include the
methodology for sampling, identification ribbon around the perimeter of the
sampling areas, and metal field tags located four and one-half (4.5) feet from
grade on all significant trees in the sampling area. Within the sampling area, the
quantity, size, species, health and location of all significant trees must be
identified on a plan sheet in both graphic and tabular form. Based on sampling,
total estimates and locations of healthy significant trees shall be provided.
iii. Tree Inventory Combination. With the approval of the City, sites that include both
large tracts of significant trees and areas of individual significant trees may utilize
a combination of the individual and sampling inventory methods.
c. Trees that were planted as part of a commercial business such as a tree farm or
nursery do not need to be inventoried on an individual tree basis. A general description
of the trees and an outer boundary of the planted area must be provided. The burden
of proof shall be on the applicant to provide evidence to support the finding that the
trees were planted as part of a commercial business.
d. A listing of healthy significant trees inventoried in subsection (b) above. Dead,
diseased or dying trees do not need to be included in the totals.
e. A listing of the healthy significant trees removed, identified by the metal field tag or
some other form of identification used in the tree inventory in subsection (b) above.
f. A listing of the healthy significant trees to remain, identified by the metal field tag or
some other form of identification used in the tree inventory in subsection (b) above.
g. Outer boundary of all contiguous wooded areas, with a general description of trees not
meeting the significant tree size threshold.
h. Locations of the proposed buildings, structures, or impervious surfaces.
i. Delineation of all areas to be graded and limits of land disturbance.
j. Identification of all significant trees proposed to be removed within the construction
area. These significant trees should be identified in both graphic and tabular form.
k. Measures to protect significant trees.
1. Size, species, number and location of all replacement trees proposed to be planted on
the property in accordance with the Mitigation Plan, if necessary.
m. Signature of the person(s) preparing the plan.
4. Implementation. All sites shall be staked, as depicted in the approved Tree
Preservation Plan, and the required tree protection fencing shall be installed around the
critical root zone before land disturbance is to commence. The City shall inspect the
construction site prior to the beginning of the land disturbance to ensure that protective
fencing and other protective measures are in place. No encroachment, land disturbance,
trenching, filling, compaction, or change in soil chemistry shall occur within the fenced
areas protecting the critical root zone of the trees to be saved.
5. Allowable Tree Removal. Up to thirty (30) percent of the diameter inches of significant
trees on any parcel of land being developed may be removed without replacement
requirements. Replacement according to the Tree Replacement Schedule is required when
removal exceeds more than thirty (30) percent of the total significant tree diameter
inches. The following types of trees do not need to be included as part of the tally of tree
removals:
a. Dead, diseased or dying trees;
b. Trees that are transplanted from the site to another appropriate area within the city;
c. Trees that were planted as part of a commercial business, such as a tree farm or
nursery; or
d. Trees that were planted by the current property owner. In making such a
determination, the City shall consider consistency of the age of the trees, any patterns
in the location of trees, historical aerial photography and evidence of intentional
planting such as invoices, formal planting plans or cost sharing agreements.
6. Mitigation Plan.
a. In any development or grading project where the allowable tree removal is exceeded,
the applicant shall mitigate the tree loss by either:
i. Planting replacement trees in appropriate areas within the development in
accordance with the Tree Replacement Schedule;
ii. Planting replacement trees on City property under the direction of the Public
Works Superintendent; or
iii. Some combination of above subsections (i) and (ii) to total the equivalent number
of replacement trees to meet the Mitigation Plan.
b. The form of mitigation to be provided by the applicant shall be determined by the City.
c. The planting of trees for mitigation on residential projects shall be in addition to any
other landscape requirements of the City.
d. All trees, with the exception of ornamental trees, planted as landscaping on
commercial or mixed -use projects may be counted towards tree replacement
requirements.
4
7. Tree Replacement Calculations. Thirty (30) percent of the total diameter inches of
significant trees on the site may be removed without replacement. The allowable thirty
(30) percent removal is first credited to the common trees removed, then the conifers, and
lastly the hardwood species. The following calculation procedure must be used to
determine tree replacement requirements:
a. Tally the total number of diameter inches of significant trees on the site.
b. Calculate thirty (30) percent of the total diameter inches of significant trees on the
site. This is the allowable tree removal limit, or the number of inches that can be
removed without replacement.
c. Tally the total diameter inches of common trees that will be removed and subtract this
number from the allowable tree removal limit.
d. If there are any allowable inches left, tally the total diameter inches of
conifer/evergreen tree species that will be removed and subtract this number from the
remaining allowable inches.
e. If there are any allowable inches left, tally the total diameter inches of hardwood
deciduous tree species that will be removed and subtract this number from the
remaining allowable inches.
f. If at any point in the above calculation procedure (a-e) the number of inches to be
removed exceeds the thirty (30) percent allowable removal limit, the remaining inches
of removal above the allowable limit must be replaced according to the Tree
Replacement Schedule in subsection 8.
8. Tree Replacement Schedule. Tree removals over the allowable tree removal limit on the
parcel shall be replaced according to the following schedule:
a. Common tree species shall be replaced with new trees at a rate of one-fourth (' /4) the
diameter inches removed.
b. Coniferous/evergreen tree species shall be replaced with new coniferous or evergreen
trees at a rate of one-half 02) the diameter inches removed. Since coniferous species
are often sold by height rather than diameter inch, the following conversion formula
can be used:
Height of Replacement Coniferous Tree/2= Diameter Inches of Credit.
c. Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees
at a rate of one-half (1/2) the diameter inches removed.
d. Replacement Tree Size. Replacement trees must be a minimum of one (1) inch in
diameter.
9. Species Requirement. The City must approve all species used for tree replacement.
Ornamental trees are not acceptable for use as replacement trees. Where ten or more
replacement trees are required, not more than thirty (30) percent of the replacement
trees shall be of the same species of tree. Native species are encouraged, and hardiness
and salt tolerance should be considered where applicable.
10. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined
by the City, or which subsequently dies due to construction activity within two (2) years
after the date of project closure shall be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within eight (8) months of
removal.
11. Protective Measures. The Tree Preservation Plan shall identify and require the following
measures to be utilized to protect significant trees planned for preservation:
a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip
line or at the perimeter of the critical root zone, whichever is greater, of significant
trees, specimen trees and significant woodlands to be preserved. No grade change,
construction activity, or storage of materials shall occur within this fenced in area.
b. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak
trees so pruned shall be required to have any cut areas sealed with an appropriate
nontoxic tree wound sealant.
c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage
of toxic materials, such as fuels or paints.
d. Removal of any nuisance trees located in areas to be preserved.
12. Compliance with the Tree Preservation Plan. The applicant shall implement the Tree
Preservation Plan prior to and during any construction. The tree protection measures shall
remain in place until all land disturbance and construction activity is terminated or until a
request to remove the tree protection measures is made to, and approved by, the City.
a. No significant trees shall be removed until a tree preservation plan is approved and
except in accordance with the approved Tree Preservation Plan.
b. The City shall have the right to inspect the development and/or building site in order
to determine compliance with the approved Tree Preservation Plan. The City shall
determine whether the Tree Preservation Plan has been met.
c. Irreparable Damage. Where the City determines that irreparable damage has occurred
to a healthy significant tree that is designated to be preserved as part of the Tree
Preservation Plan, the tree shall be removed and replaced, and protective fencing shall
be provided.
D. Specimen Trees. The removal of any specimen trees on a property located in any of the urban
zoning districts shall require a special permit and be subject to the Tree Replacement Schedule
for the purpose of mitigating great tree loss.
E. Financial Security. In cases where mitigation or tree replacement is required, the City may
require that a financial security, in a form acceptable to the City, be provided as part of a
development agreement or applicable permit to ensure compliance and performance of the
Mitigation Plan. The financial security will be released to the applicant upon verification by
the City that the Mitigation Plan was followed, and that all replacement trees are planted and
in a reasonable state of health. The financial security may be used to replace any replacement
trees that have become damaged or diseased after planting.
F. Exceptions
1. Exception Standards. Notwithstanding the City's desire to accomplish tree preservation and
protection goals, there may be instances where these goals are in conflict with other City
objectives. These conflicts will most likely occur on small, heavily -wooded parcels. At the
discretion of the City Council, exceptions may be granted if all of the following conditions
exist:
a. The subject parcel is five (5) acres in size or less;
b. It is not feasible to combine the subject parcel with adjacent parcels that could use
the parcel as required green space;
c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable
development that is consistent with the Comprehensive Plan and desirable to the City
on the parcel; and
d. The exception requested is the minimum needed to accomplish the desired
development.
2. Reduced Mitigation for Exceptions. If an exception is granted, relief from the requirements
of the ordinance may take the form of reduced mitigation requirements, greater allowable
tree removal, higher thresholds for determining significant trees, or any combination of the
above. The City Council will determine which form of relief best balances the objectives of
the City and tree preservation.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-077 was adopted on this seventh day
of May 2013, by a vote of �%,- Ayes and d Nays.
LAKE ELM Y COUN
or
Mike Pearson, Mayor
ATTEST:
This Ordinance 08-077 was published on the day of :,�vrn/E , 2013.
Affidavit ®f Publication
Stage of Minnesota
SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKT)AT.F/1,AKF FT,MO RFVTF.W , and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-077
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 5TH day of
JUNE , 20 13 , and was thereafter printed and published on every
..1.
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*a b c d efg h ij k l m n o p q rstu vwxy z
Subscribed and sworn to before me on
this 5 THday of JUNE 0 13
TITLE LEGAL COORDINATOR
Ootary Public
*Alphabet should be in the same size and kind of type as the notice.
' ,TONYA R. WHITEHEAD
Nory Public -Minnesota RATE INFORMATION
� ? My commissior, Expires Jan 31, 2015
vtrvvv+f�" ;
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
.................. $25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-077
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTING
TREE PRESERVATION
STANDARDS FOR ALL
DEVELOPMENT AND MAJOR
GRADING ACTIVITIES.
Section 1: Ordinance 08-077: The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-077, which requires certain
measures of tree preservation
within development and major
grading activities, including the
following:
• Property owners or applicants
engaging in development,
subdivision or major grading
activities must submit a Tree
Preservation Plan;
• Property owners or applicants
are allowed to remove up to 30%
of the diameter inches of
significant trees without requiring
tree replacement.
- When tree replacement is
required, property owners or
applicants must follow the Tree
Replacement Schedule to
calculate the required amount of
replacement trees.
The full text of Ordinance No. 08-
077 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2• Effective Date; This
ordinance becomes effective after
the date of its summary publication.
ADOPTION DATE: Adopted by
Lake Elmo City Council on the
seventh day of May 2013.
Ayes: 5
Nays: 0
/s/Mike Pearson, Mayor
Attest:
/s/Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: June
5, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-078
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW OFF-STREET PARKING AND LOADING REGULATIONS FOR ALL USE
CLASSIFICATIONS IN THE LAKE ELMO ZONING CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.095
through 154.096 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 051 by removing the following
language:
Off -Street Parking: (Also See 55 154.095 and 154.096) The off-street parking requirements for properties
located in the Old Village District and south of Minnesota Highway 5 may be waived by the Zoning
Administrator upon demonstration that there are no suitable locations to provide off-street parking in a
manner that complies with requirements found below and in 55 154.095 and 154.096.
Eating and Drinking Places
One space for every 2 seats and 1 space for every 2 employees
on the average maximum shift
Automobile Service Stations
Three spaces for each enclosed bay plus 1 space for each day
shift employee plus a minimum of 2 spaces for service vehicles
and 1 additional space for each service vehicle over 2 in
number
Retail Stores or Centers
Eleven spaces for the first 1,000 square feet of gross floor area
or fraction of floor area: 8 spaces for each 1,000 square feet
of gross floor area in excess of 1,000 square feet, but not
exceeding 15,000 square feet; 6 spaces for each 1,000 square
feet of gross floor area in excess of 15,000 square feet of gross
floor area exceeding 30,000 square feet.
Motels and Hotels
One space for each unit plus 1 space for each employee on any
1 shift.
Medical and Dental Clinics
Four spaces for each doctor or dentist, plus 1 space for every
employee or 1 for each 150 square feet of gross floor area,
whichever requirement is greater.
1
Other Commercial Uses (excluding One space for each 200 square feet of gross floor area.
wholesale)
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 055 by removing the following
language:
Off -Street Parking (also see 5 154.095) Eating and drinking places: one space for every 2
seats, and 1 space for every 2 employees on the
average maximum shift. (Parking spaces for "drive-
in" customers shall not be credited as a part of the
off-street parking area needed to serve the sales
operation conducted within the buildings.)
Automobile service stations: three spaces for each
enclosed bay plus 1 space for each day shift
employee plus a minimum of 2 spaces for service
vehicles and 1 additional space for each service
vehicle over 2 in number
Motel and hotels: 1 space for each unit plus 1 space
for each employee on any 1 shift
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 056 by removing the following
language:
Off -Street Parking
Retail Stores or Centers:
Eleven spaces for the first 1,000 square feet of gross
floor area or fraction of gross floor area;
Eight spaces for each 1,000 square feet of gross floor
area in excess of 1,000 square feet
Other Commercial Uses, excluding Wholesale:
One space for each 200 square feet of gross floor
area
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 057 by removing the following
language:
Pi
Off -Street Parking (Also see S 154.095)
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 5 GENERAL REGULATIONS
5154.200
Purpose
S154.201
Applicability
5154.202
Permits Required
S154.203
Essential Services
5154.210
Off -Street Parking
5154.211
Off -Street Loading
S 154.200 Purpose
The purpose of this Article is to establish regulations for activities that may occur in many zoning
districts or in association with a variety of land uses, including parking, signage, and activities within
yards, to promote the orderly development or use of land and minimize conflicts among land uses.
S 154.201 Applicability
The provisions of this Article shall be applied to all zoning districts and shall be in addition to the
requirements in any specific zoning district. A permit shall not be issued unless all applicable general
regulations are met.
S 154.202 Permits Required.
Permits are required for all changes in use and all development activities, with the exception of signs,
in compliance with the standards of Article 3, Administration. Signs shall require a sign permit in
compliance with Section 151.115 and Article 3.
S 154.203 Essential Services
Essential services as defined by this Ordinance are permitted in any district, provided that a site plan
for any new or expanded service facility is filed with the Planning Department. The City Council may
require site plan review of large facilities, upon the recommendation of the Planning Director.
S 154.210 Off -Street Parking
A. Purpose. The intent of this section is to prevent or alleviate congestion and promote the
public safety and welfare by establishing minimum requirements for off-street parking, and
requiring that parking areas are located and constructed in a manner that provides for
optimum visibility to vehicles entering and exiting said parking area, accessibility and safety.
It is the responsibility of property owners to provide adequate parking to meet their specific
needs.
B. Applicability. Off-street parking in accordance with this section shall be provided for all new
uses and all expansions of existing uses in all districts. Parking requirements may be waived in
the Village Mixed -Use District (VMX), recognizing the availability of on -street and shared
parking facilities.
C. Location. All required off-street parking facilities shall be located outside of any street right-
of-way, and as follows:
1. Spaces accessory to one- and two-family dwellings shall be located on the same lot as the
principal use served. Spaces within garages are counted toward the required number of
spaces.
2. Spaces accessory to multiple -family dwellings and nonresidential uses shall be located on
the same lot as the principal use served or within four hundred (400) feet of the main
entrance to the principal building served.
3. Off-street parking located elsewhere than on the lot where the principal use being served
is located shall be under the same ownership and control, either by deed or long-term
lease, as the principal use. The owner of the principal use must file a recordable
document with the City requiring permanent provision of off-street parking during the
existence of the principal use.
4. Off-street surface parking areas containing more than four parking spaces shall be located
a minimum of twenty (20) feet from the boundary of any adjacent lot zoned or used for
residential purposes, with the exception of lots zoned Village Mixed -Use (VMX).
5. Other Parking in Residential Areas. Parking in residential areas (off-street and on -street)
shall be limited to the use of the residents of those homes and their guests
6. Off -Street Parking in Commercial Areas. Off-street surface parking areas in commercial
districts shall be located in a manner consistent with the setback requirements in 5154.552.
7. Required off-street parking spaces shall not be utilized for open storage of goods or for the
storage of vehicles which are inoperable or for sale or rent.
D. Parking Area Design and Maintenance.
1. Access to Parking Spaces. Each required off-street parking space shall open directly to an
aisle or driveway of such width and design as to provide safe and efficient means of
vehicular access to the parking space, as shown in Table 5-1, Minimum Parking Space and
Aisle Dimensions, except where accessory to residential uses of up to four (4) units.
2. Maneuvering Area. All parking areas except those serving one and two family dwellings on
local streets shall be designed so that cars shall not be required to back into the street. If
deemed necessary for traffic safety, turn -around areas may be required.
3. Surfacing and Drainage. All off-street parking areas shall be surfaced as follows:
a. Single-family and two-family dwellings shall provide a durable surface with suitable
drainage.
b. In all residential, commercial and mixed use districts, all areas intended to be utilized
for parking space for five (5) or more vehicles and associated driveways shall be paved
with a durable surface including, but not limited to, hot asphalt, bituminous or
concrete.
c. In industrial districts, all areas intended to be utilized for parking space and driveways
shall be surfaced with materials suitable to control dust and drainage. Plans for
surfacing and drainage for nonresidential uses shall be submitted for review and the
final plan shall be subject to written approval.
d. Storage areas for heavy construction equipment that would damage the pavement may
be exempt from the paving and surfacing requirement with an acceptable surface
approved by the City Engineer.
e. Farm dwellings and farm operations are exempt from the paving requirement.
f. City parks shall be exempt from the parking requirement if approved by the City
Council.
4. Marking of Parking Spaces. All parking areas containing five (5) or more spaces or
4
containing angled parking shall be marked with painted lines at least four (4) inches wide.
Such markings shall be maintained in a clearly legible condition.
5. Curbing. All open off-street parking areas designed to have head -in parking along the
property line shall provide a bumper curb not less than five (5) feet from the side property
line or a barrier of normal bumper height not less than three (3) feet from the side
property line.
6. Landscaping and Screening. Parking areas shall be screened and landscaped as provided in
Article 6, Section 154.258.
7. General Maintenance. Parking areas and driveways shall be kept free of dirt, dust, debris
and waste. In winter months, required parking areas shall be cleared of snow and ice
within a reasonable time.
8. Accessible Parking. Accessible parking spaces for the disabled shall be provided as
required by the International Building Code.
Dimensions. The minimum dimensions for required parking spaces are as shown in Table 5-1,
Minimum Parking Space and Aisle Dimensions and Figure 5-1, Minimum Parking Dimensions
Diagram.
Table 5-1: Minimum Parking Space and Aisle Dimensions
Angle (A)
Width (B) a
Curb Length
(C)
Stall Depth
(D) b
1 Way Aisle
Width (E)
2-Way Aisle
Width (E)
0 (Parallel)
9'
22'
8'6"
14'
22'
450
9'
12'
1819"
14'
22'
600
9'
9' 10"
19,10"
18'
22'
900
9'
816"
18'
20'
22'
a For parking areas containing more than ten (10) parking spaces, compact spaces may account
for up to twenty percent (20%) of the total parking area required. They may be reduced in size
to a width of eight (8) feet and a stall depth of twelve percent (12%) less than (D) above, and
must be grouped and signed appropriately
b Parking spaces that use an appropriately sized curb overhang over a landscaped island or
buffer may be reduced in depth by one and one-half feet (1' 6"). A concrete curb or other
means shall be provided to prevent parked vehicles from damaging plant materials.
Figure 5-1: Minimum Parking Dimensions Diagram
F. Parking Requirements. Accessory, off-street parking shall be provided as specified in Table 5
2, Specific Minimum Off-street Parking Requirements, except as otherwise specified in this
section.
1. In addition to the requirements in Table 5-2, one (1) parking space shall be provided for
each commercial vehicle or vehicle necessary for the operation of the use that is
maintained on the premises.
2. Parking spaces for uses with multiple components, such as hotels with dining and
conference facilities, shalt be based on the sum of the parking requirements of the
separate components. Shared parking standards may be used where applicable.
3. Proof of parking. The Planning Commission may allow parking requirements for a particular
use to be relaxed or lessened in response to an expected demand that is lower than the
required standard in this section, provided that one of the following conditions exists:
a. Sufficient open area is set aside on the parcel to meet the required standard, if
determined to be necessary at a later date.
b. If parking will be needed less than twenty-five (25%) of the time during typical hours of
use, on -street parking accessible by sidewalk within two blocks of the site may be used
in lieu of required off-street parking.
4. Where a parking study is required, a qualified transportation engineer or transportation
planner shall perform the study. The study shalt contain information on the anticipated
number of employees, customers, visitors, clients, shifts, events, or deliveries to the use,
and may refer to other studies or similar situations elsewhere.
G. Shared Parking. Joint use of required parking spaces is encouraged where two or more uses on
the same or adjacent sites are able to share the same parking spaces because their parking
demands occur at different times. The applicant(s) must submit an analysis showing that peak
parking times of the uses will occur at different times and the parking area will be adequate
for both uses. A legal instrument such as an easement or deed restriction that guarantees
access to the parking for both uses shall be submitted.
H. Truck parking in residential areas. No commercially licensed trailer shalt be parked or stored
in a residential district except when loading, unloading or rendering a service. Recreation
vehicles and pickups are not restricted by the terms of this provision.
Table 5-2. Specific Minimum Off -Street Parking Requirements
Use Minimum Parking Requirement Notes
......................................................................... ............................................. ................................. .........................-................................................................ .............................................................................. ..................... .......................................... ............................................................................ ...............................
......
Residential Uses
...... ............ ........ ..................................... -............. ............................................. ............................. -................ ....................................... -.................................................................... ................................. ..................... ........................................................... ......................... ...... .................. .......................................................
Household Living
................................................................................................................................................................................................................................................................................................................................................................................................................... .
Single-family detached dwelling 2 spaces per dwelling unit
...................................... ...... ................
Two-family dwelling 1 space per 1-bedroom unit
......... ...
Single-family attached dwelling 2 spaces per 2-bedroom or larger
..........................................................................................................................................................
Multifamily dwelling unit No fee shall be charged for
Single-family attached dwellings required spaces
shall provide an additional 10% of
parking spaces for visitor parking
Multifamily dwellings shall also
provide 1 visitor space per 4 units
11
Use
Minimum Parking Requirement
Notes
............. ...... ..... ...............
Senior (elderly) housing
........................ ................. ......... . ,..........................
1 space per dwelling unit
.............. ................... ............................
If senior housing may be
converted to general housing
in the future, proof of
additional parking shall be
required
..........................................................__....... __.................. ...........................................................................................................................................
Secondary dwelling
.............................. __,.........................
1 space per secondary dwelling
_._...... _.................. ........................................ __........... _.... _._..... _..........
unit
... .................... _......... .... ..... ....... ...........................__........ ....... _._........... ...... _................ _.._.... .....
Live -work unit
__............. _._..............._.__......................... ..................... _..._._....................... ....... ----..................._._........_..........................._........................_._..........
2 spaces per dwelling unit
At least one of the required
spaces shall be accessible for
client parking
.......... ................................................................................... ....... _.................. --................... _...........................................
Mobile home park
.................. -.................. .......................................... _._.................. _.............. ---....................
.............. -............ ................................................... .........._.._.............. ----._.......
2 spaces per dwelling unit
----... _..................... ............................... _............................................................... _....................... ......................................
.__._...................................... _............. _..................... __......_._....................._............_........
_._........................... _............................. _..__....... _........................
Group Living
................. ................ .... ................. ............................................ _._......................................................................................................................
Group home, group residential
1 space per employee on the
facility, halfway house,
largest shift plus 1 visitor space for
congregate housing
every 4 residents based on
capacity
.........................................................................................................................................
Semi -transient accommodations
....................._..........................................................................................._....................................................
1 space per bedroom, plus one
Parking study required
space for each fulltime staff
equivalent
.............. ............................................. ................................................ ..............
Public and Civic Uses
....................... .......................... ................................................................................. ........... ................................
................................... ..............................._..... _............ _.... _........... ......... ........ __............
..........................................................................................................................................................................................
Cemetery
.
As determined by the Planning
Director
......................................................................._._..........._..................................................._-_......................................................................................................................................................................................._.............._............................................................................................_................._....._..............
College or university, other
To be determined by the Planning
Parking study required
adult learning center
Director based on parking study
Community services
Parking equal to 30 percent of the .
__... _..... .......... ..... __.._.._................... _._.... _...................... .............................. _........
capacity of persons or as
determined by the Planning
Director based on parking study
.................................................................................................................................................._.._........................................................
Day care center (see under
_..........................._._...._....................................................................._.........................._...._............
1 space per employee on largest
Accessory Uses for Family day
shift plus 1 space per 7 students
care)
based on capacity; or 1 space per
10 students if an off-street drop-
off and pick-up space is provided
School, public or private
1 space per staff member plus 1
Existing schools not meeting
space per 5 students of legal
this standard may be required
driving age based on design
to develop a parking
capacity
management plan, but shall
not be required to add the
minimum number of spaces
.......................... _..... _......... _.................._.._....................._......._....__...._.............___.........._....__.............._...................
Public assembly
...... _........................ _.__........................._...._... ......_......._........................_....
1 space per each 4 seats based on
............................... ...................................................... ................. -............. ..............................
design capacity
Use
Minimum Parking Requirement
Notes
.......... ........... .............................................
Religious institution, place of
............ _ _.... ..... ............................. ..... _............... ......... ...................
1 space per each 6 seats or 10 feet
_ ......... ........- .................... .......__........
Existing institutions not
worship
of pews in the main assembly hall
meeting this standard may be
required to develop a parking
management plan, but shall
not be required to add the
minimum number of spaces
...... ........................................................_...._......_.......... _......._.....................__...._........_.............
Services
.......... _......._.................................................. ................................_._............................... ........ _........................ .........................
-........................................................ ........................... .............................................
....... _.................. _....................._..........................................................................
Business center
_................................................. .................. ............. .................... ........................._.................................
Total of parking requirements for
_.............. ..... _.................... _........................ ... _....... ...........
individual uses, excepting any that
meet the shared parking
requirements in Section 154.210.G
................ ...........-...........................................................................
Commercial kennel, commercial
........................................ ....................... .- .............................................................................................................................................................__......_................_..._.................__._........._......_._......--
1 space per employee on the
stable
largest shift plus 1 space per 6
animals
_ .........................
Communication services
_._._..................................................................... ................. --- .......... ............................ _.... .................... _...... .....
1 space per 400 square feet of
_.... _.... __......__------ __....... _._....... ........._.............__..._........ _._......
gross floor area, plus 1 space per
company vehicle stored on the site
.................................... _.... _.... _.._.... __..... -
Educational services
... _.......................... _...........
1 space per staff member plus 1
_...................... _...................._...................... __.............. __................. _.... ... _...........
space per 5 students of legal
driving age based on design
capacity
.................................................................._._.........._............................_...._._............
Financial institution
....................................... ............
1 space per 100 square feet of
_............... ...................... _... -................ _.... _...... _....... _........... _..... _...... _...... .....
usable floor area
.........................................._............... ........................... ....................................... _ _....... _.. _..... _
Funeral home
_.,.............................. .................. ............. .
1 space per 100 square feet of
floor area in the main assembly
room plus one space per staff
member
..... .......... ....... ..............._.......................................................... -........................................................
Transient Accommodations,
................ ....................... .......
1 space per guest room, plus
_.......... _............................... ............................. ........................................ ................ ... _...........
Meeting and restaurant
Lodging
additional space for meeting or
facilities may require
restaurant facilities
additional parking, based on
square footage of each use as
defined in this table.
...................._.................._......_......__...................._.._.-_._...._............................_._.........................................................................................................._.._.........._............._..........................................................................
Medical facilities
5 spaces per medical professional,
.._..... ..... ...
or 1 space per 200 square feet of
gross floor area
..................................................................:._......._._........................
Membership organization (clubs,
.............. ........
1 space per 300 square feet of
_._._.__................... ...__.............. __........... ... --........... __....... ............._......_..... ...... .
lodges, etc.)
gross floor area
.......................................................................__..........................................................................................................................................................._._...................................................._......._.._................_....._.........__............._...._._......._
Nursing and personal care
1 space for each 4 beds, plus 1
space per employee on the largest
work shift
..................... _....---._.._... ............... ............. __._.............................. .....
Offices
..............
3 spaces per 1,000 square feet of
;_.gross floor area
...........__............... ._...... _........ _.... __....._..... ............. ........ _.._.................. -... ... ............ .........
Personal services
---........... _................. ........ ..................... ..-............. ........................_.......................
1 space per 300 square feet of
_....__._... _............... _................................ _...................... _........ __......... _
gross floor area
Use
Minimum Parking Requirement
Notes
_ ......... .........
Repair and maintenance shop
........
1 space per 400 square feet of
-.-- ......... __........................................... ...__................ _...... _................................. .
gross floor area
...... ..... ......... ...... __....._.........._................... __._........................_._........................... _ ..............__
Self service storage facility
......_...__.....................................
1 space per 300 square feet of
_ .. _ _........................... _ ......
The apron in front of the
office or sales area
storage units shall be wide
_.
enough for two cars to pass
.............. ................................................... .................... _......... _.................................................. __......
Trade shop
.......... -............. ................................................................................ .......................................................... ........ .....
1 space per 300 square feet of
office or sales area, plus 1 space
per 3,000 square feet of storage
area
.............. ............................................. .................... ........................................................................ _......
Transportation services
.........................................................................................................................................................................._
1 space per 300 square feet of
............ _.......... __................_...............__._....._...................... _._....._...........
office or sales area, plus 1 space
per vehicle kept on premises i...................
................................... ................... ................................ _........................... _..........__.... _.........................................................................
Veterinary service
.................... ............................... ............................ ...................................
3 spaces per veterinarian, or 1
.._............................. __................................... __..... __......... _.._.......................
space per 200 square feet of gross
floor area
........... ..._......................................... ........................... ............
Food Services
..........._.................._......................... .............._...........................
.................... .............. .................................. _..... _..... _..... _....................... _...
.................... ............. .................. .................. ..................................... -........... ........._...._._.......
Drinking and Entertainment
................ .................. .................................................................................................. ...................................... _..._.
1 space per 3 customer seats or
..... _._..... _........ _............... _._........... .............. ..... _...... -........ -.... ...................
each 100 sq. ft. of interior space
(the greater), plus 1 space per 200
sq. ft. exterior seating area.
........... ...................................................................................................................................................................................................................;............
Drive-in Restaurant, Fast Food
1 space per 3 customer seats or
_.......... ... -._....................__..._._... _............ _...................... _.......... _..........
Restaurant, Standard Restaurant
each 100 sq. ft. of interior space
(the greater), plus 1 space per 200
sq. ft. exterior seating area. Drive-
throughs shall provide queuing
space for at least 3 vehicles in
advance of the menu board and 3
vehicles between the menu board
.......................... _..............._............................_...._........................................._....................................
and pick-up window
............... -....................................................................................................................................................... _..........
.................._._._................ _.............................................. _.......................... ............................
Sales of Merchandise
......................................................................................_................_._........................................................._._...._.........._.........._............................._..............._..........................._.........................._............_._._...................._.................._._..._._.__.............................._..._._............_.......
Garden Center, Building Supplies
1 space per 250 sq. ft. of gross
Sales
floor area plus 1 space per 2,000
sq. ft. of outside sales or display
area
...... _. _...............
Furniture and Appliance Sales
........................................................................................................ _
1 space per 800 sq. ft. of gross
_ .......
floor area
............. -........................................._..._.............. _.__.........._...- -.._..._<...
General Retail
_... _.................................................................... ..................... ................................................. __..........................................
1 space per 250 sq. ft. of gross
.................................................. ._....................... ................ ... .......... .... .
Includes any retail uses not
floor area
specifically listed in this table
.............................................. ............................................ _........_._.............__.._.................................................................
Shopping Center
..................... ............... _......_....................
1 space per 250 sq. ft. of gross
.......................... ..................................................................................................
Shared parking provisions
floor area
(Section 154.210.G. of this
Article) are encouraged to be
used where applicable
Use
Minimum Parking Requirement
Notes
............_..... ................................ ........ .......... __
Wayside Stand
_ ..... _..... _ .......
1 space per 400 sq. ft. sales area
....... ................. ..............._... .......... ........... .._.....
Spaces need not be paved, but
shall be adequately separated
and screened from the street
and adjacent properties, as
determined by the Planning
Director
............................................................ _... _....... _...... ----................ _.........................................
Wholesaling
__............................................................ _............... _.............................................................................._......................................._.............._...._.........._.._........._.._..._............._....................._.........___...
1 space per 250 sq. ft. of indoor
sales area plus 1 space per 2,000
................................................ ............. _.........._........ _......._........._..............._..........................................................................................................................
square feet of storage area
........... ............................................
.............. .................... .................. ...................... _.......... ......................... _ .... _........ _................ .
Automobile/Vehicular Uses
...... ........
Automobile Maintenance
1 space per 250 sq. ft. of gross
........ .............................. . ...........
Service bay shall not be
Services, Commercial Vehicle
floor area used for sales or
counted as a parking space
Repair, Gas Station
customer service plus 2 spaces per
service bay
_
..... ............. ._.................... _...... _.... ....... _............... _.......... ............. ........... ................... _......... _........
Automobile Parts/Supply
.._.......................... _........................ .......................................... .................. ........ .................................................
1 space per 250 sq. ft. of indoor
.................................... __._................................................................................... ........................
sales area plus 1 space per 2,000
square feet of storage area
............ . ...................._...._........_................._.................................................................................
Automobile Rental
.................. ...................... .............................................
1 space per 250 sq. ft. of gross
............ _.__...................__............... _._._.................._...._................................_..._...._.........._
floor area plus adequate storage
space for rental vehicles
maintained on site
...... .................................. ......._...... ._......................... ___...................... ....... _............ __.........
Car Wash
_.......... ............................. _..... ........................................ ..... ...................... ................................. ............................;.._....._.._._.................._....................................
1.5 spaces per bay, plus 4 stacking
... _................... _....... _.......... _........ _......... .
spaces per bay, plus 1 space per
employee on the largest shift,
........... ................... ........................ ......................................................... ........................................_
Vehicle Sales and Storage Lots
.........................................................................................................................................................................a_..........---.....................__..............................._.._.................._.........__.....................................
1 space per 250 sq. ft. of indoor
sales area plus 1 space per 2,000
sq. ft. of outside sales or display
area and 1 space per 2,000 square
feet of storage area
Outdoor Recreation Uses
......................... ....... ................................. ............... ....... .........
Campgrounds and Trailering
............ . ......... ......... .........
1 space per site, plus spaces
......_................................................_._......._..__ . _... .........
_........................ required for other uses
_ ....................... _.............
Golf Course
................................................................................ ............................. .................. ............... _... _..
5 spaces per hole plus additional
.................. __.................. _._........................ _........................ _....... _._... _.... _.......... .............
i
space for meeting or restaurant
facilities
.............................. ..
Marina
As determined by the Planning
...........................................
Parking study may be required
Director
for large or multiple use
facilities
..... ............................... _... _..........................._......................_.__........ _....... _........... __..........
Outdoor Entertainment
_.... _.................................................... _...._..._.................. _.......... _............ _.... _........ ............ __..........................
As determined by the Planning
.... ................ _.._..._.......... _.......................................... ..............._........ _..... _...... _................
Director
10
Use
Minimum Parking Requirement
Notes
Outdoor Recreation Facility
......... .........
1 space per 3 persons based on
......... ........ .........
Parking study may be required
maximum occupancy load, plus 1
for large or multiple -use
space per employee on the largest
facilities
shift or as determined by parking
study
...... .............. ................... ........................................... ............................... _............ __................... _.... _._._
Parks and Open Areas
......................... _.............................................. .......................................... __... _._.... ................ _.............. .....
No requirement _
_......... _..................... _.......... _.......................................... -_-_-_ ............ ... _.__............
.......................-.-1-....................................................................... __...._._......................._._._._...._............
Restricted Recreation
....................................................... ................ ...................................................................................... .....................................
As determined by the Planning
_._....................................................................................... ..................... ...
Parking study may be required
Director
................................................ _._.............. ---... _.............. ;.........................................
Swimming pool
_................................... ................ ... ................................. .................... ................. .._.---
1 space per 150 square feet of pool
................ _............................ _._.......... _.......... __......................... _........ ........................
....._ ..
area
Indoor Recreation/Entertainment
.........................................................................................................................................................................................................................................................
Adult Establishment
_..... ......
1 space per 250 sq. ft. of gross
_.. _....... ...................................... .... _....... _......... ....................................... .........................
_
floor area _
....... ........... ......................................... ........................................................................... __.................... .....
Indoor Athletic Facility
_.............................................. ........................ .............................. -.................. ................... .........................
1 space per 250 square feet floor
.............. _....... _........... _....... _._...................... ---................ _..... _.............. _.... _.._............. .
area plus 2 spaces per tennis or
racquet games court and 1 space
per 150 square feet of pool area
...... ........... ........................... ..................... ................................ _..............._.........._......._._.........................................................................
Indoor Recreation
............... ................................................................................................
Bowling alleys: 5 spaces per lane
........... _............. ..... ------ ...........__....... ............ .--..............-- ..._..............
Other facilities: 1 space per 3
persons based on maximum
capacity
.................. ..............._....__.................................._..............................................................
Agricultural and Related Uses
.................... _..... ......................... ................................... ..._............. ............ ....................._.................................................
............ ..........._.... ..... __............................. ...................... ........... .............
............ .................. ............................................................................... ................. .................................... ._
Agricultural Production and
... _._._.............. __._..........._._...._............ _................................ ............ .............. _.__._.._...... __.............. .................
No requirement
_....... _.._...... _.... _......... _.._..................... ..... _..._.._........._............ ................... _...
Services; _
r
...................._....._ .._.............._........_................................................................ .................................
Agricultural Support
............................................ ............................. ......................................................... .....
1 space per 300 sq. ft. of indoor
........... __............................. ....................... ..... _............................... _... _.._.._............
sales or office area plus 1 space
per 1,000 sq. ft. of outside sales or
display area and 1 space per 2,000
square feet of storage area
................................................................................................................._._.........._......_...................................................
Forestry Operations
-........................... .............. ...................... ................................. ............. ... ........................
As determined by the Planning
._.... _...................................................................... __................ _.._.__......................... _._..........
Director
Production, Processing and Storage
............... ................. ........_.................... ........................ ......................_.._............................,
Non production Industrial
.......... ......................................................
1 space per 1,000 sq. ft. gross
............................................................ .._...._.......................... .................._.... _._
Additional parking may also be
Light Industrial
floor area up to 20,000 sq. ft. plus
required for office or retail
Heavy Industrial
1 space per 2,000 sq. ft. in excess
space, as specified in this
of 20,000 sq. ft., or per 5 regular
table
employees, whichever is greater.
Includes other industrial uses
largely carried on in enclosed
buildings and not individually
listed
11
Use Minimum Parking Requirement Notes
Motor freight and warehousing
Landfill, Resource Extraction,
Salvage/Recyclable Center
1 space per 300 sq. ft. of office or
sales area, plus 1 space per 3,000
sq. ft. of storage area
.................................................................................................................................................................
2 spaces per 3 employees on the
largest shift, based on maximum
planned employment
Utilities, Transportation and Communications
...... ... ....__ .. ...... ................... ...........
Air transportation As determined by the Planning
Director
....................................... ............................_........................_..............................._................................................__._............
_........
_........
.
Broadcasting or Communication No requirement
Tower
..................... ...................... ...................................................... .._......_......................... .......... _........ ... .............._............................................................................
.....
Essential Services As determined by the Planning
Director
......... ............... ........................................................................................................................................... _............. ............................................................... ...._................................................... ....................
Local Transit, Railroad 2 spaces per 3 employees on the
Transportation largest shift, based on maximum
planned employment
Accessory Uses
.. _..
Animals, Dom1. estic
...........
Home Occupation
Bed and breakfast
Family Day Care, Group Family
Day Care
........... _....................................................................................................................
Kennel, Private; Stable, Private
Interim Uses
Interim Use
No requirement
................. __........................................... .........._.........-................. .........................................................
No requirement unless specified in
Conditional Use Permit
............................................................................ _......._.......................................................................
1 space per guest room in additi....on
to dwelling unit requirements
............................................................. I _...........................................................
1 s11 pace per employee not residing
on the premises plus one drop-off
space
..... _.... __..............................................................................................................._.._..._..---.........._..
No requirement
As determined by the Planning
Director
S 154.211 Off -Street Loading Areas.
icludes other industrial uses
largely carried on outdoors
Off-street loading space shall be provided in all districts for any nonresidential use which will involve
the receipt or distribution of materials or merchandise by trucks or similar vehicles and has a gross
floor area of five thousand (5,000) square feet or more, in accordance with the following standards.
Off-street loading area requirements may be waived in the Village Mixed -Use District (VMX).
A. Number. For facilities with less than twenty thousand (20,000) square feet gross floor area, a
designated loading zone may be provided on site, rather than constructing a loading berth. For
facilities with twenty thousand (20,000) square feet gross floor area or greater, one (1) off-
street loading berth shall be provided for every thirty thousand (30,000) square feet gross floor
area or fraction thereof.
12
B. Location. All required loading berths shall be off-street. A loading berth shall be located at
least twenty-five (25) feet from the intersection of two street rights -of -way and at least fifty
(50) feet from a residential district unless within a building. Loading berths shall not occupy
the required front yard setback.
C. Size. Unless otherwise specified in this chapter, a required loading berth shall be not less than
twelve (12) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of
aisle and maneuvering space.
D. Access. Each required loading berth shall be located with appropriate means of vehicle access
to a street or public alley in a manner which will least interfere with traffic. Driveway design
is specified in Section 154.209 of this Article.
Surfacing. All loading berths and access ways shall be improved with a durable material to
control the dust and drainage.
Accessory use. Any space allocated as a loading berth or maneuvering area in accordance with
this Section shall not be used for the storage of goods, inoperable vehicles or required off-
street parking.
SECTION 7. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 8. Adoption Date. This Ordinance 08-078 was adopted on this seventh day
of May 2013, by a vote of 5 Ayes and O Nays.
LAKE ELMO C COUNCIL
f
Mike Pearson, Mayor
ATTEST:
Aaa'�[, City Clerk
This Ordinance 08-078 was published on the 5"' day of . LJ&) , 2013.
13
Affidavit ®f Publication
State of Minnesota SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as ()AKDAT.F./T.AKF. F.T.MCI RFVTF.W , and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-078
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 5TH day of
DUNE 20 13 and was thereafter printed and published on every to and
including the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
`abcdefghijklmnopq rstuvwxyz
Subscribed and sworn to before me on
this 5 THday of NNE 0 13
h i t'A I , q , -t-'r f, " �rQ
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
4nT0NYA H, WHITENE D
r RATE INFORMATION
Notar Public-Minnescta :
„ 01 MY Commission Expires Jars 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space ....................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-078
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTING
NEW OFF-STREET PARKING AND
LOADING REGULATIONS FOR
ALL USE CLASSIFICATIONS IN
THE LAKE ELMO ZONING CODE
Section 1. Ordinance 08-078 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-078, which replaces the current
sections of the City Code
pertaining to Off -Street Parking
and Loading. The revised
ordinance includes the following
revisions from the previous
ordinance:
• The inclusion of new parking
standards related to location,
design and maintenance of
parking areas;
• The incorporation of new
dimensional standards for
different parking types or
designs;
• Establishment of required
parking quantities for all use
classifications in the Lake Elmo
Zoning Code; and
• Establishment of a required
number of loading births per the
square footage of a facility.
The full text of Ordinance No. 08-
078 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2• Effective Date: This
ordinance becomes effective after
the date of its summary publication.
ADOPTION DATE: Adopted by
Lake Elmo City Council on the
seventh day of May 2013.
Ayes: 5
Nays: 0
/s/Mike Pearson, Mayor
Attest:
/s/Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: June
5, 2013)
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 08-079
AN ORDINANCE AMENDING MUNICIPAL FEES FOR CALENDAR YEAR 2013
The Lake Elmo City Council hereby adopts the amended fee schedule for calendar year
2013 and directs that it be added to the Lake Elmo Municipal Code as Appendix A.
Appendix A — 2013 Fee Schedule
ADOPTION DATE: Passed by the Lake Elmo City Council on the 21 st day of May, 2013.
CITY OF LAKE ELMO
By:
Mike Pears
Mayor
ATTEST:
Adam Bell
City Clerk
EFFECTIVE DATE: This ordinance shall become effective immediately upon adoption and
publication.
PUBLICATION DATE: Published on the day of 2013.
ORDINANCE 08-079
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-080
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING SPECIFIC DVELOPMENT STANDARDS FOR VARIOUS USE CLASSIFICATIONS
IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.102
and 154.109 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 7. SPECIFIC DEVELOPMENT STANDARDS
5154.300 Purpose and Applicability
5154.301 Standards for Residential and Related Uses
5154.302 Standards for Public and Civic Uses
5154.303 Standards for Services
5154.304 Standards for Food Services
5154.305 Standards for Automotive/Vehicular Uses
S154.306 Standards for Outdoor Recreation Uses
5154.307 Standards for Indoor Recreation/Amusement
5154.308 Standards for Industrial and Extractive Uses
5154.309 Standards for Transportation, Utility and Communications Uses
5154.310 Standards for Accessory Uses
S 154. 300 Purpose and Applicability
Specific development standards are established as supplemental regulations that address the unique
characteristics of certain land uses. The standards and conditions listed below apply to both permitted
and conditional uses, in addition to all other applicable regulations of this ordinance. Standards shall
apply in all zoning districts where the use in question is allowed. Standards for uses that apply only
within specific districts are listed within the Articles pertaining to those districts.
S 154. 301 Standards for Residential and Related Uses
A. Group Home. A group home is a specific use type located within a single-family dwelling, and
therefore shall meet all zoning standards applicable to single-family dwellings, including
setbacks, lot area, lot coverage, and off-street parking. License capacity shall not exceed six
(6) persons per facility, plus support staff.
Group Residential Facility, Halfway House.
1. In residential districts, the facility shalt occupy a residential building type permitted within
the district where it is located, and shall meet all zoning standards applicable to that
building type.
2. On -site services shall be for residents of the facility only.
C. Congregate Housing (Assisted Living)
1. To the extent practical, all new construction or additions to existing buildings shall be
compatible with the scale and character of existing building and surrounding neighborhood.
2. The site shall contain a minimum of fifty (50) square feet of green space per resident,
consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of
unique circumstances, the City may consider public parks or plazas within three hundred
(300) feet of the site to meet this requirement. It is the responsibility of the applicant to
demonstrate why the green space cannot be located on -site.
3. An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening and other site improvements consistent with the character
of the neighborhood.
D. Semi -Transient Accommodations (Boarding, Rooming Houses, etc.)
1. The operator shall submit a management plan for the facility and a floor plan showing
sleeping areas, emergency exits and bathrooms.
2. All new construction or additions to existing buildings shall be compatible with the scale
and character of the existing building and surrounding neighborhood.
3. An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening and other site improvements consistent with the character
of the neighborhood.
S 154. 303 Standards for Services
A. Educational Services. Except in the industrial districts, all typical activities shall be conducted
within an enclosed building.
Medical Facilities. The facility shall have access to an arterial or collector street of sufficient
capacity to accommodate the traffic that the use will generate. A minimum of two (2) access
points shall be provided.
1. Any new hospital or expansion of an existing hospital shall submit a master plan that shalt
describe proposed physical development for at least a ten (10) year period, and shall
include a description of proposed development phases and plans, estimated dates of
construction and anticipated interim uses of property.
2. Landing pads for helicopters involved in emergency rescue operations, and helicopter flight
paths shall meet all applicable federal and state requirements.
C. Nursing and Personal Care.
1. To the extent practical, all new construction or additions to existing buildings shall be
compatible with the scale and character of the existing building and surrounding
neighborhood.
2. The site shall contain a minimum of fifty (50) square feet of green space per resident,
consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of
unique circumstances, the City may consider public parks or plazas within three hundred
(300) feet of the site to meet this requirement. It is the responsibility of the applicant to
demonstrate why the green space cannot be located on -site.
3. An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening and other site improvements consistent with the character
of the neighborhood.
D. Self -Service Storage Facility.
1. No commercial transactions shall be permitted other than the rental or sale of storage
units.
2. No more than one (1) unit shall be accessed directly from the public street.
Site design shall accommodate a logical and safe vehicle and pedestrian circulation
pattern.
S 154. 304 Standards for Food Services
A. Restaurant with Drive -Through
1. Drive -through elements shall not be located between the front fa4ade of the principal
building and the street. No service shall be rendered, deliveries made or sales conducted
within the required front yard, although tables may be provided for customer use.
2. Site design shall accommodate a logical and safe vehicle and pedestrian circulation
pattern. Adequate queuing lane space shall be provided, without interfering with on -site
parking/circulation.
3. Drive -through canopies and other structures, where present, shall be constructed from the
same materials as the primary building, and with a similar level of architectural quality and
detailing.
4. Sound from any speakers used on the premises shalt not be audible above a level of normal
conversation at the boundary of any surrounding residential district or on any residential
property.
5. Each food or beverage drive -through business shall place refuse receptacles at all exits.
B. Drinking and Entertainment. Music or amplified sounds shall not be audible above a level of
normal conversation at the boundary of any surrounding residential district or on any
residential property.
S 154. 305 Standards for AutomotiveNehicular Uses
A. Car Wash.
1. The car wash shall be capable of being enclosed when not in operation.
Any access drive shall be located at least thirty (30) feet from any public street
intersection, measured from the interior curb line commencing at the intersection of the
street.
3. Any car wash line exit shall be at least thirty (30) feet distant from any street line.
4. Sound from any speakers used on the premises shall not be audible above a level of normal
conversation at the boundary of any surrounding residential district or on any residential
property.
5. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.
B. Gasoline Station
1. Lot Size and Access. A gasoline station site shall be a minimum of twenty thousand (20,000)
square feet in size and shall have access to a collector or higher classification street.
2. Performance Standards. A drainage system subject to the approval of the City Engineer
shall be installed. The entire site, with the exception of the area taken up by the
structure, landscaping and pump islands, should be surfaced with asphalt, concrete or
other material approved by the City.
3. All vehicle repairs shall be conducted in a building capable of being enclosed when not in
use.
4. Vehicles. No vehicles other than those utilized by employees or awaiting service shall be
parked on the premises overnight. No vehicle shall be parked or awaiting service longer
than fifteen (15) days.
5. Canopies. Canopies shall be located no closer than twenty (20) feet from any property line.
Any lighting on the underneath side of the canopy shall be recessed mounted with flush
3
lenses and downward directed. Signage on canopies shall comply with 5154.212. Canopy
columns and fascia should reflect the design and/or materials of the principal building.
6. Screening of Storage Areas. The storage or display of inoperable or unlicensed vehicles not
awaiting service as in subsection (B4) or other equipment, and all trash storage or disposal
facilities, shall meet all setback requirements of a structure, and shall be screened from
view from adjacent public streets and adjacent residential properties. Screening shall
meet the requirements of Article 6, Section 154.258.
7. Outdoor Display. Exterior display of items offered for sale shall meet all building setback
requirements and shall be located in containers, racks or other structures designed to
display merchandise.
8. Accessory Uses. The following accessory uses shall require a separate conditional use
permit:
a. Automatic car and truck wash
b. Rental of vehicles, equipment or trailers
c. General retail exceeding two thousand five hundred (2,500) square feet in floor area.
C. Sales and Storage Lots.
1. Size and Location. The site shall be a minimum of twenty thousand (20,000) square feet in
size and shall have access to a collector or higher classification street. Vehicular access to
the outdoor sales area shall be at least sixty (60) feet from the intersection of any two
streets.
2. All vehicle repairs shall be conducted in a completely enclosed building.
3. A site plan shall be submitted showing the layout of vehicles for sale or rent, employee
parking and customer parking.
4. Sound from any speakers used on the premises shall not be audible above a level of normal
conversation at the boundary of any surrounding residential district or on any residential
property.
S 154. 306 Standards for Outdoor Recreation Uses
A. Golf Course.
1. Location. The facility shall have access to a collector or higher classification street. A
minimum of two (2) entry points to such facilities shall be provided.
2. Site Plans. Site plans for such facilities shall indicate all proposed recreation areas,
building uses and locations, sanitary facilities, storage areas, parking, circulation and other
information needed to assess the impacts of the proposed operation on surrounding
properties and the road network.
3. Accessory Uses. The following accessory uses are permitted in conjunction with a golf
course: A driving range, putting greens, pro shop, club house and locker facilities,
maintenance buildings, course shelters, and cart storage facilities. Other accessory uses
may require a separate conditional use permit.
4. Resource Protection. Golf courses shall be designed with consideration of environmental
resources, including:
a. Water recycling and conservation through on -site storage and use facilities;
b. Use of landscaped buffers and other Best Management Practices (BMP's) to minimize
fertilizer runoff and other chemicals from entering surface water bodies; and
c. Use of landscaping and site layout to preserve and enhance wildlife habitat.
5. Buffering. A planted buffer may be required to screen adjacent residential and other uses.
M
6. Other Conditions. Other conditions may be imposed to mitigate the potential impacts of
the use.
B. Outdoor Entertainment, Restricted Recreation.
1. Location. The facility shall have access to a collector or higher classification street. A
minimum of two entry points to such facilities shall be provided.
2. Site Plans. Site plans for such facilities shall indicate all proposed recreation and
entertainment areas, sanitary facilities, storage areas, parking, circulation, estimated
noise levels, and other information needed to assess the impacts of the proposed operation
on surrounding properties and the road network. Conditions may be imposed to mitigate
the potential impacts of the use.
C. Outdoor Recreation Facility. Facilities that would generate substantial traffic, such as playing
fields or aquatic centers, shall be located with access to a street of sufficient capacity to
accommodate the traffic that the use will generate. A minimum of two (2) entry points to such
facilities shall be provided.
S 154. 307 Standards for Indoor Recreation/Amusement
A. Indoor Athletic Facility, Indoor Recreation. Facilities that would generate substantial traffic
shall be located with access to a street of sufficient capacity to accommodate the traffic that
the use will generate. A minimum of two (2) entry points to such facilities shall be provided.
S 154. 310 Standards for Accessory Uses
A. Bed and Breakfast. The facility shall be located in a single-family detached dwelling.
1. The number of lodging rooms in any building shall not exceed five (5) unless in the opinion
of the Planning Commission and City Council conditions warrant additional rooms.
2. The facility shall maintain a guest register open to inspection by the City.
3. Guest stay shall be limited to seven (7) days.
4. The applicant shall meet all applicable government regulations.
5. The operator shall carry liability insurance, and shall provide proof of such insurance to the
City upon request.
B. Drive -through Facility
1. Drive -through elements shall not be located between the front facade of the principal
building and the street.
2. Plans for on -site circulation and driveway locations shall be reviewed as part of the
conditional use review process. Site design shall accommodate a logical and safe vehicle
and pedestrian circulation pattern. Adequate queuing lane space shall be provided,
without interfering with on -site parking/circulation.
3. Alley access to drive -through lanes is prohibited on any block containing a residential
district, except for commercial deliveries when approved by the city engineer.
4. Drive -through canopies and other structures, where present, shall be constructed from the
same materials as the primary building, and with a similar level of architectural quality and
detailing.
Sound from any speakers used on the premises shall not be audible above a level of normal
conversation at the boundary of any surrounding residential district or on any residential
property.
6. An emergency exit lane shall be provided for users queuing through the drive -through
lane(s), without interfering with on -site parking/circulation.
C. Solar Energy Systems. Solar energy systems and solar structures are permitted accessory uses
in all districts, provided the system is in compliance with minimum lot requirements and
setbacks.
1. A solar structure must comply with all setback, height and lot coverage restrictions unless a
variance is granted.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-080 was adopted on this twenty-first
day of May 2013, by a vote of r_-2_ Ayes and 0 Nays.
LAkE ELM1QTUUJCOUNCI
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-080 was published on the day of \ `1 �11�. , 2013.
0
Affidavit ®f Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT.F./T.AKF, FT.MO RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-080
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 5TH day of
DUNE , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGH IJ KLM NOPQRSTUV WXYZ
*ABCDEFG H IJ KLM NOPQRSTUVWXYZ
*abcdefghijklmnopq rstuvwxyz
Subscribed and sworn to before me on
TH
t s 5 day of JUNE U
Notary Public
BY: J.", k. 7Lil""
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
t Notary Public -Minnesota RATE INFORMATION
o
v fury 11,mm Sion moires Jar 311, 2015
(1) Lowest classified rate paid by
commercial users for comparable space ...........................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-080
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTING
SPECIFIC DVELOPMENT
STANDARDS FOR VARIOUS USE
CLASSIFICATIONS IN THE LAKE
ELMO ZONING CODE.
Public Notice
The City Council of the City of
Lake Elmo has adopted Ordinance
No. 08-080, which includes
specific development standards
for several use classifications in
the Lake Elmo Zoning Code, as
well as replaces the current
sections of the City Code
pertaining to Service Stations and
Drive-in Business. The new
ordinance includes specific
development standards for the
following use classifications:
Group Home, Group Residential
Facility, Congregate Housing,
Semi -Transient Accommodations,
Educational Services, Medical
Facilities, Nursing and Personal
Care, Self -Service Storage
Facility, Restaurant with Drive -
Through, Drinking and
Entertainment, Car Wash,
Gasoline Station, Sales and
Storage Lots, Golf Course,
Outdoor Entertainment,
Restricted Recreation, Outdoor
Recreation Facility, Indoor
Athletic Facility, Indoor
Recreation, Bed and Breakfast,
Drive -Though Facility, and Solar
Energy Systems.
The full text of Ordinance No. 08-
080 is available for inspection at
Lake Elmo city hall during regular
business hours.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 21st
day of May, 2013.
EFFECTIVE DATE: This ordinance
shall become effective immediately
upon adoption and publication.
Ayes: 5
Nays: 0
/s/Mike Pearson, Mayor
Attest: /s/Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: June
5, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-081
AN ORDINANCE AMENDING THE ALCOHOLIC BEVERAGES CHAPTER OF THE BUSINESS
REGULATIONS OF CITY OF LAKE ELMO
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI:
Business Regulations; Chapter 111: Alcoholic Beverages; Intoxicating Liquor, as
follows:
5111.22 PLACES INELIGIBLE FOR LICENSE
(A) General prohibition. No license shall be issued for any place or any business
ineligible for the license under state law.
(B) Delinquent taxes. No license shall be granted for operation on any premises on
which taxes, assessments, or other financial claims of the city are delinquent and
unpaid.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Dat . This Ordinance 08-081 was adopted on this 4th day of
June 2013, by a vote of Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, a or
ATTEST:
- - �Wpmleoomm'S:l a�WNW-..,
�Zam Bell, City Clerk
This Ordinance 08-081 was published on the :4 27" day of •JL-in1E , 2013.
Affidavit ®f Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as CIAKT)AT F/T AKF FT Mn RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-081
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY the 12TH day of
JUNE , 20 13 , and was thereafter printed and published on every _ to and
including
the day of
20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABC DEFG HIJ KLM NOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefgh ijkl m nopq rstuvwxyz
Subscribed and sworn to before me on
th' 12 TH day of JUNE 13
BY: r" - / Z
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
x 0i"V p. RJ1ti �I�pr'ir`"d'Y3`�f'SS'ro�'i1L�\f�1iJM1,/:Fin i
Notat Pudllc-€ innesota RATE INFORMATION
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dSl��+sR
V -%''�yyMleB^.4d.A.r'\,*blNt.+�TP'.f'e!pF?sVo/49'+eJP6iY
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter ...
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-081
AN ORDINANCE AMENDING
THE ALCOHOLIC BEVERAGES
CHAPTER OF THE BUSINESS
REGULATIONS OF CITY
OF LAKE ELMO
SECTION 1. The City Council of
the City of Lake Elmo hereby
amends Title XI: Business
Regulations; Chapter 111:
Alcoholic Beverages; Intoxicating
Liquor, as follows:
§111.22 PLACES .INELIGIBLE
FOR LICENSE
(A) General prohibition. No license
shall be issued for any place or any
business ineligible for the license
under state law.
(B) Delinquent taxes. No license
shall be granted for operation on any
premises on which taxes,
assessments, or other financial
claims of the city are delinquent and
unpaid.
SECTION 2. Effective Date. This
ordinance shall become effective
immediately upon adoption and
publication in the official
newspaper of the City of Lake
Elmo.
ADOPTION DATE: Adopted by
Lake Elmo City Council on the fourth
day of June 2013
Ayes: 4
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: June
12, 2613)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-082
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW SIGNAGE REGULATIONS IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 151: Building Regulations, by repealing City Code Sections
151.115 through 151.119 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I:
General Provisions; Chapter 11: General Code Provisions; Section 01 Definitions by
repealing the following language:
SIGN. Any letter, word or symbol, device, poster, picture, statue, reading matter or representation
in the nature of an advertisement, announcement, message, or visual communication, whether
painted, posted, printed, affixed or constructed, which is displayed for informational or communicative
purposes and is visible to the general public.
SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a message
or whose display surface remains blank for a period of 1 year or more, or any sign which pertains to a
time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs
applicable to a business temporarily suspended because of a change in ownership or management of
such business shall not be deemed abandoned unless the property remains vacant for a period of 1 year
or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned.
Signs which are present because of being legally established nonconforming signs or signs which have
required a conditional use permit or a variance shall also be subject to the definition of ABANDONED
SIGN.
SIGN, AGRICULTURAL SALES. A sign placed on a lot or parcel of land advertising an operating and
permissible agricultural sales business. Off -premises AGRICULTURAL SALES SIGNS shall be
administered as temporary signs subject to all removal requirements outlined in code.
SIGN, AWNING. A sign or graphic printed on or in some fashion attached directly to the awing
material.
SIGN, BANNER. A temporary sign typically made of cloth, plastic or vinyl materials.
SIGN, BILLBOARD. A sign structure with a surface area over 100 square feet per surface that
identifies or communicates a commercial or non-commercial message.
SIGN, BUSINESS VEHICLE IDENTIFICATION. A sign that is permanently mounted or otherwise
permanently affixed to a vehicle, trailer, or semitrailer which identifies the business, products, or
1
services with which the vehicle, trailer, or semitrailer is related. For purposes of this definition,
magnetic and adhesive signs shall be considered as being permanently affixed. This definition shall also
include non -permanently affixed signs that do not exceed 32 square feet erected in concert with a
legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be
considered BUSINESS VEHICLE IDENTIFICATION SIGNS.
SIGN, CANOPY. A sign that is mounted, painted, or otherwise applied on or attached to a
freestanding canopy or structural protective cover over an outdoor service area. An awning or a
marquee is not a canopy.
SIGN, CHANGEABLE COPY. A sign designed to allow the changing of copy through manual,
mechanical, or electrical means including time and temperature.
SIGN, DIRECTIONAL. An on -site sign for the purpose of making specific locations known and to
assist in finding these locations (e.g. "Parking," "Shipping Receiving Area").
SIGN, ELECTRONIC VARIABLE MESSAGE. A dynamic signs whose message are changed at
reasonable intervals by electronic process or remote control and whose movement is the periodic
changing of information against a solid background, engineered for maximum legibility and readability,
and having a constant light level and glare reduced screens. This definition does not include static
time, temperature and price displays which only change when necessary for accuracy.
SIGN, FLAG. Any fabric or similar lightweight material attached at one end of the material, usually
to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains
distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
SIGN, FREESTANDING. A sign that is attached to, erected on, or supported by some structure (such
as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building
or other structure whose principal function is something other than the support of a sign. Monument,
pole, and ground signs are all FREESTANDING SIGNS.
SIGN, GOVERNMENTAL. A sign erected and maintained by or on behalf of the United States, the
state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size,
location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose.
SIGN, GROUND. Any freestanding sign with its sign face mounted on the ground or mounted on a
base at least as wide as the sign and which has a total height not exceeding 6 feet.
SIGN, HISTORIC. An existing sign which has a special historical, architectural, cultural, or aesthetic
value to the community.
SIGN, ILLUMINATED. Any sign which contains an element designed to emanate artificial light
directly or indirectly.
SIGN ILLUMINATION, BACK LIT. A direct source of light which illuminates a sign by shining through
a translucent surface of a sign, including plastic signs, lit from an internal light source.
SIGN ILLUMINATION, DIRECT. A sign whose light source is either located in the interior of the sign
so that the rays go through the face of the sign, or which is attached to the face of the sign and is
perceived as a design element of the sign.
2
SIGN ILLUMINATION, EXTERNAL. Illumination of a sign that is affected by an artificial source of
light not contained within the sign itself.
SIGN ILLUMINATION, INDIRECT. A sign whose light source is external to the sign and which casts its
Light onto the sign from some distance.
SIGN ILLUMINATION, REVERSE LIT. A direct source of light which illuminates a sign by shining off
an opaque surface of a sign thereby casting the light off the wall behind the sign creating a halo effect.
SIGN, MONUMENT. Any freestanding sign, with its sign face mounted on the ground or mounted on
a base at least as wide as the sign and which has a height exceeding 6 feet.
SIGN, MURAL. Any mural or pictorial scene painted on a wall or building or painted on a sign board
affixed to a wall, and in which mural or scene has as its purpose an artistic effect.
SIGN, OFF -PREMISES. A commercial speech sign which directs the attention of the public to a
business, activity conducted, or product sold or offered at a location not on the same lot where such
sign is located. A sign located within an easement or other appurtenance to a lot on which a business is
located shall be deemed an OFF -PREMISES SIGN.
SIGN, PERMANENT. A sign constructed of durable materials designed to exist for the duration of
time that the use or occupant is located on the premises.
SIGN, POLE. Any freestanding sign which has its supportive structure(s) anchored in the ground and
which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the
sign face open
SIGN, PORTABLE. A sign not permanently attached to the ground or a building or designed to be
permanently attached to the ground or a building.
SIGN, PROJECTING. A sign attached to and projecting out from a building face or wall, generally at
a right angle.
SIGN, ROOF. Any sign erected and constructed wholly on and above the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN, REAL ESTATE DEVELOPMENT. A sign offering for sale, lease, or rent a single-family or
multiple -family residential project of 10 or more dwelling units or lots. REAL ESTATE DEVELOPMENT
SIGNS shall be administered as permanent signs subject to all removal requirements outlined in code.
SIGN, SNIPE. An off -premises sign that is tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences, or to other object.
SIGN, TEMPORARY. Any sign intended for display over a short period of time.
SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed face of
the sign on a plane parallel to the plane of the wall, and which displays only 1 sign surface.
SIGN, WARNING. A sign located on private property posting such property for warning or
prohibitions on trespassing, hunting, or other activity.
3
SIGN, WINDOW. Any building sign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title I:
General Provisions; Chapter 11: General Code Provisions; Section 01 Definitions by
adding the following language:
Vision Triangle. The area created by drawing an imaginary line between points 30
feet back from where the curb lines of the intersection quadrant meet.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5 - General Regulations
5154.212 Sign Regulations
S154.212 Sign Regulations
A. Purpose and Intent. The purpose of this Ordinance is to provide standards to safeguard life,
health, and property and to promote the public welfare by regulating the design, area,
number, construction, location, and installation of all signs referred to hereunder. The City
Council and Planning Commission of the City of Lake Elmo find that the visual environment has
an effect on the welfare of the citizens of Lake Elmo and that careful control of signage can
protect and enhance the community. To carry out this general purpose, the regulations set
forth herein are intended to:
1. Protect the public from hazards that result from signs which are structurally unsafe,
obscure the vision of motorists and/or compete or conflict with necessary traffic signals
and warning signs.
2. Preserve the land value of private property by assuring the compatibility of signs with
nearby land uses.
3. Foster high quality commercial and industrial development and to enhance economic
development of existing businesses and industries by promoting reasonable, orderly,
attractive and effective sign that meet the need for business identification, advertising and
communication.
4. Encourage creative and well -designed signs that contribute in a positive way to the
community's visual environment, express local character and help develop a distinctive
image in the city. When appropriate, signage is encouraged to utilize design elements that
are consistent with the Lake Elmo Branding and Theming Study.
5. Recognize that signs are a necessary form of communication and provide flexibility within
the sign review and approval process to allow for unique circumstances.
6. Provide applicants with clear and consistent rules and regulations.
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Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Abandoned Sign. Any sign remaining in place which for a period of ninety (90) consecutive days
or more no longer advertises or identifies an ongoing business, product, service, idea, or
commercial activity located on the site or has not been property maintained in accordance with
the requirements of this Ordinance.
Ancillary Sign. A wall sign separate from and subordinate in area to the principal sign,
identifying generic services, goods or departments in the building, such as pharmacy, optical,
auto repair, or garden center, but not including the identification of brand names.
Attention -Attracting Object. Any streamer, pinwheel, pennant, flag, propeller, inflatable sign,
statuary, tethered balloon, bunting, beacon, or other artificial device, figure, shape, color,
sound, light or exhibit, whether live, animated, or still, that is intended to attract attention to
the use or business being conducted on the site. Attention -attracting object does not include
the flag of any governmental entity.
Awning. A roof -like cover consisting of fabric, plastic or structural protective cover that
projects from the wall of a building which generally serves the purpose of shielding a doorway,
entrance, window, or outdoor service area from the elements or to provide decorative
distinction.
Banner. A suspended sign made of a flexible material such as canvas, sailcloth, plastic, paper,
or fabric of any kind, and intended to be displayed on a temporary basis. A decorative banner
is a banner containing no message or logo that is displayed for the purpose of adding color or
interest to the surroundings or to the building to which it is attached. A flag or canopy shall not
be considered a banner.
Beacon. A stationary or revolving light that flashes or projects illumination, single color or
multicolored, in any manner that is intended to attract or divert attention.
Business Opening Sign. A temporary sign displayed prior or in addition to permitted permanent
signs to promote the opening of a new business, a change of name or change of ownership.
Canopy. A detachable, roof -like cover, supported from the ground or deck, floor or walls of a
structure, for protection from the sun or weather.
Changeable Copy Sign. A sign or portion thereof with characters, letters, or illustrations that
can be changed or rearranged manually without altering the face or the surface of the sign and
on which the message changes less than eight times a day and less than once per hour. A sign
on which the only copy that changes is an electronic or mechanical indication of time or
temperature shall not be considered a changeable copy sign.
Commercial Message. A message that directs attention to or acts as advertising for a business,
commodity, product, service or form of entertainment or tends to encourage the occurrence of
a commercial transaction related thereto.
Comprehensive Sign Plan. A complete signage plan for a building or lot that has been approved
by the City.
Construction Sign. A sign identifying individuals or companies involved in design, construction,
wrecking, financing, or development of a building or lot upon which the sign sits and/or
identifying the future use of the building or lot upon which the sign sits.
Copy. Words, letters, numbers, figures, designs, or other symbolic representations
incorporated into a sign.
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Directional Sign, On -Premise. A sign without commercial message erected for the purpose of
indicating the required or preferred direction of vehicular, bicycle, or pedestrian traffic on
private property including, but not limited to "no parking," "entrance," "exit only," "loading
only," and other similar signage.
Directional Sign, Off -Premise. Any sign without commercial message that is displayed for the
purpose of informing people of or guiding people to a particular place for a specified event,
including, but not limited to, an open house, garage sale, estate sale or other similar event.
Directly Illuminated Sign. Any sign designed to give any artificial light directly through any
transparent or translucent material from a source of light originating within or on such sign.
Directory Sign. A sign which serves as a common or collective identification for a group of
persons or businesses operating on the same lot. Such a sign commonly lists the tenants,
occupants, floor plan, addresses or suite numbers of an office complex, shopping center or
residential building complex.
Election Campaign Period. A period prior to a general election starting on August 1 until 10
days following the general election, or a period prior to a special election starting 13 weeks
prior to the special election until 10 days following the special election.
Electronic Variable Message Sign. A changeable copy sign or portion thereof which can be
electronically changed or rearranged without altering the face or the surface of the sign, not
including signage or portions thereof displaying time and temperature.
Fagade. Any separate face or surface of a building, including parapet walls, and roof surfaces
or any part of a building which encloses or covers usable space. Where separate facades are
oriented in the same direction, or where the inside angle at the intersection of two surfaces is
greater than one -hundred and thirty-five (135) degrees, they are to be considered as part of a
single fa4ade.
Flag. A device generally made of flexible material, such as cloth, paper, or plastic, and
displayed from a pole, cable or rope. It may or may not include copy.
Frontage. The boundary of a lot that abuts a public street.
Garage Sale Sign. A sign advertising the sale of personal property including estate sales, yard
sales or rummage sales used to dispose of personal household possessions.
Government Sign. Any sign erected by the City of Lake Elmo or any other governmental entity
in the exercise of official government business and authority.
Ground Sign. Any free-standing sign that is supported by structures or supports in or upon the
ground and independent of support from any building. A single sign structure having two
identical or nearly identical faces back to back shall constitute a single sign. For the purposes
of this definition, a ground sign is intended to refer to a primary, permanent, ground -mounted
sign, not a temporary sign or sign that is ancillary to the primary sign, such as a directional sign
or portable sign.
Hanging Sign. A sign that is suspended from the underside of a surface and is supported by such
surface.
Indirectly Illuminated Sign. A sign that is illuminated from a source outside of the actual sign.
Inflatable Sign. A freestanding or moored sign expanded or inflated with air or another gas,
like a balloon, and which may rise and float above the ground.
Legal Non -Conforming Sign. Any sign which was lawfully erected and displayed on [City Clerk to
insert effective date], but which does not conform to the requirements and limitations herein,
or any sign which was lawfully erected and displayed on the effective date of any amendment
to this Section, but which does not conform to such amendment.
l.1
Logo. A symbol or trademark commonly used to identify a business or organization.
Memorial Sign. A sign or tablet memorializing a person, event, place or structure.
Menu Sign. A permanent changeable copy sign associated with restaurants with drive -through
windows, car washes, or other businesses with drive -up services which gives a detailed list of
food or services available.
Monument Sign. A ground sign having a monolithic base or support structure of any material
measuring no less than one-third (1 /3) of the greatest width of the sign at any point.
Noncommercial Message. A message intended to direct attention to a political, social,
community or public service issue or an idea, aim viewpoint, aspiration or purpose and not
intended to produce any commercial benefit or tend to encourage a commercial transaction.
Off -Premise Sign. A sign which displays any message directing attention to a business, product,
service, profession, commodity, activity, event, person, institution or any other commercial
message, which is generally conducted, sold, manufactured, produced, offered or occurs
elsewhere than on the lot where such sign is located.
On -Premise Sign. A sign which displays any message directing attention to a business, product,
service, profession, commodity, activity, event, person, institution or any other commercial
message, which is generally conducted, sold, manufactured, produced, offered or occurs on
the same lot as the sign.
Pennant. A tapered or dove -tailed banner or flag.
Permanent. When used in reference to a sign, means that the sign is constructed of durable
materials and intended to exist for an indefinite period of time or the duration of the time that
the use or occupant is located on the premises and is generally, but not necessarily, affixed to
the ground or structure. Unless the context clearly dictates otherwise, the term "permanent"
in this Ordinance is not intended to mean literal permanence, but rather it is meant to
distinguish such signs from more transient or temporary signage.
Pole Sign. A ground sign mounted upon a pole or pylon, or multiple poles or pylons, not
meeting the definition of monument sign.
Portable Sign. A type of temporary sign that is not permanently attached to the ground or a
building or not designed to be permanently attached to the ground or a building, including but
not limited to, trailers or other vehicles that are used principally as a sign, posters, "sandwich
boards" or other freestanding signboards, regardless of whether such signs are attached to the
ground or to a building or structure.
Projecting Sign. A sign that is attached to the wall of a building and projects more than fifteen
(15) inches beyond such wall.
Real Estate Sign. A sign advertising only the sale, rental or lease of the premises upon which
the sign is located.
Sign. Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the
public from outside of a building or from a traveled way, that either conveys a message to the
public, or intends to advertise, direct, invite, announce or draw attention to any event, goods,
products, services, facilities, persons, property interest or business.
Street Frontage. The distance for which a lot boundary adjoins a single public street.
Temporary Sign. Any sign that is not a permanent sign.
Wall Sign. A sign that is attached to a wall of a building and is affixed parallel to the wall at a
distance of not more than fifteen (15) inches from the surface of the wall.
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Window Sign. Any sign located completely within an enclosed building and visible from a public
way or placed upon a window. Merchandise within the premises and visible from the exterior
shall not be considered a window sign under this definition.
C. Applicability. The Sign Ordinance shall apply to any sign placed, erected, altered, maintained
or relocated within the city that is plainly visible, although not necessarily legible, from any
public right-of-way or any tot in ownership separate from the lot upon which the sign is
located.
D. Sign Permits and Fees
Permit Required. Except as provided in this Section, it shall be unlawful for any person to
place, erect, alter or relocate within the city, any sign without first obtaining a permit
from the Planning Director and making payment of all fees as required by the City's Fee
Schedule. This subsection shall not be interpreted to require a permit for a change of copy
on a changeable copy sign, changing occupant sign panels on a directory sign, repainting,
cleaning, or other normal maintenance and repair of any existing sign or its structure as
Long as the sign copy does not change.
Z. Application for Sign Permit. All applications for sign permits shall be filed on a form
supplied by the City. Such application shall be submitted with all required information
provided and shalt contain or have attached thereto the following information:
a. Date of Application.
b. Name, address, telephone number, and, if available, fax and email address, of the
Applicant as well as of the person, firm, corporation, or association erecting the sign.
c. The written consent of the owner or lessee of the premises upon which the sign is to be
erected, or the sworn statement of the applicant that the applicant is authorized by
the owner, lessee or other authorized occupant of the premises to erect the proposed
sign.
d. A scale drawing showing the existing and proposed location and dimensions of all
buildings, structures, and signs on the subject property. For a ground sign, the drawing
shall also indicate the following:
Distance of the sign from either the face of curb or sidewalk as well as its location
relative to other ground signs, driveways, fire hydrants, and any other features of a
site that could be obscured by the sign.
ii. A landscaping plan around the base of all ground signs.
e. The configuration of the proposed sign listing the height, width, total square footage,
proposed copy, method of construction and attachment, method of illumination and
description of all electrical equipment, sign materials and colors, and at least one
image showing the location of the proposed sign and its relationship to either the
building to which it is to be mounted or the surrounding lot if it is a ground sign.
f. The total area and number of all signs by type on the subject property both before and
after the installation of the proposed sign.
g. For temporary signs, applications must be accompanied by a signed, written statement
acknowledging the ordinance requirements governing the duration of time during which
the sign may be displayed.
h. Such other information as the City may require to ensure compliance with this Sign
Ordinance and any other applicable laws.
3. Application Process and Review Procedure. It shall be the duty of the Planning Director,
upon the filing of an application for a sign permit, to examine the application for
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compliance with the requirements of this Section and, if deemed necessary by the Planning
Director, to inspect the premises upon which the proposed sign is to be erected. If the
application is complete and the proposed sign is in compliance with all the requirements of
this Ordinance, and any other applicable laws, the following actions shall be taken:
a. If the application is for a permanent sign that conforms to an approved Comprehensive
Sign Plan that applies to the property upon which it is to be located, or for a
permanent or temporary sign that adheres to the requirements of this Code, the
Planning Director may issue a permit.
b. If an application for approval of a Comprehensive Sign Plan pursuant to 5154.212.1 is
submitted with a development application subject to Planning Commission review and
City Council approval, the Planning Director shall review the application and make a
recommendation to the Planning Commission prior to issuing a permit.
c. Except for applications for approval of a Comprehensive Sign Plan, applications shall be
approved or denied within thirty (30) days of the filing of a complete application or be
deemed approved unless an extension of time for review is granted, in writing by the
applicant. Any decision of the Planning Director may be appealed to the Board of
Adjustment and Appeals.
d. In the event that a permit is issued but the sign authorized by the permit is not placed,
erected, altered or relocated within six (6) months after the issuance of the permit,
the permit shall expire and be null and void.
e. Fees. A fee shall be charged for the permit in the amount set forth in the City's Fee
Schedule.
Design Review Criteria. Signs shall meet the following criteria:
1. Any signage affixed to a building shall be dimensioned and located in such a manner that it
fits the building's architectural features and proportions.
2. All signs shall be designed to fit the zoning and character of the surrounding area. Special
consideration should be made where proposed signage is located on or adjacent to locally
identified historic structures or publicly owned recreation and conservancy areas. Signage
in Planned Unit Development, or in developments seeking Comprehensive Sign Plans, shall
conform to the planned or existing dominant architectural theme of the area. Signage in or
abutting residential properties should be designed and located so as not to create a
nuisance.
3. Signs illuminated by lights shall be positioned in such a manner that none of the light spills
over onto an adjoining property or glares or shines into the eyes of motorists or
pedestrians. All signs must conform to the Sign Illumination standards in S154.212.F.7 and
5150.035 (Lighting, Glare Control and Exterior Lighting Standards).
4. Landscape features shall be incorporated around the base of all permanent ground signs.
Landscape plantings or other landscape materials shall not be considered as part of the
allowable signage.
F. General Sign Regulations. This section pertains to all signs erected in the city of Lake Elmo.
Additional regulations may apply based on sign type and zoning district in which the sign is to
be displayed. Wherever regulations conflict anywhere within this Section or with any other
applicable rule or regulation, unless expressly stated otherwise, the more restrictive provision
shall control.
1. Surface Area Calculation. The sign surface area shall be calculated based on the area
within the smallest single continuous rectilinear perimeter of not more than eight (8)
straight lines encompassing all elements of the actual sign face including any writing,
representation, emblems or any figure or similar character together with any material
9
forming an integral part of the display or forming the backing surface or background on
which the message or symbols are displayed, but excluding any support structure. For a
sign painted on or applied to a building, the area shall be considered to include all
lettering, wording and accompanying design or symbols, together with any background of a
different color than the natural color, or finish material of the building. Area of signs
displaying copy on two parallel, back-to-back faces not separated by more than twelve (12)
inches shall be calculated with reference to a single face only.
2. Sign Location, Placement and Setback Requirements. Except as provided elsewhere in this
Section, all signs shall be subject to the following requirements:
a. Limitations Based on Building Setbacks:
i. Except as provided in subparagraph (b), no part of any permanent or temporary
sign shall extend over a property line.
ii. Where buildings are lawfully permitted to exist on the property line, a permanent
sign attached to a building may project not more than six (6) feet over the abutting
public sidewalk or right of way provided that the bottom of the sign components
are located no less than eight (8) feet above the ground immediately beneath such
sign. No sign may project over adjacent private property. Any ground sign shall be
located on the premises unless it is an authorized temporary sign for which a valid
permit is in effect.
b. Signs on Public Property. No sign shalt be located within or across any public right-of-
way, or on any public property, easement, or utility pole, except for:
i. A sign erected by, or required by, a government agency or temporarily erected to
protect the health and safety of the general public; or
ii. A sign erected in conformity with subparagraph (a.ii) of this subsection.
c. Safety of Motorists and Non -motorists
i. No sign shall be erected or maintained at any location where by reason of its
position, wording, illumination, size, shape, or color it may obstruct, impair,
obscure the vision of road users, or otherwise obstruct, interfere with the view of,
or be confused with, any authorized traffic control sign, signal or device.
ii. No ground sign, with the exception of government signs, may be placed within 10
feet of a fire hydrant, within 15 feet of a crosswalk, or within 15 feet of the
intersection of any circulation lane, driveway or alley.
iii. No sign exceeding a height of thirty (30) inches may be placed within the vision
triangle as defined in 511.01.
iv. No sign or structural components shall obstruct passage on a sidewalk or walkway.
d. Additional Regulations Pertaining to Placement of All Signs. Except for a sign erected
by, or required by, a government agency or temporarily erected to protect the health
and safety of the general public:
i. No sign shall be attached to a fence, tree, shrubbery, utility pole or like items on
either public or private property, and no sign shall obstruct or obscure primary
signs on adjacent premises.
ii. No sign shall extend beyond the perimeter of a permanent structure or obstruct
any window, door, fire escape, ventilation shaft or other area that is required to
remain unobstructed by an applicable building code.
iii. No sign shall be mounted upon any roof of any building or structure.
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e. Americans with Disabilities Compliance. Sign placement shall meet all Americans with
Disabilities Act (ADA) requirements.
3. Construction and Structural Requirements. Every sign and its framework, braces, anchors
and other supports shall be constructed of such material and with such workmanship as to
be safe. Every sign shall be designed and constructed in conformity with the applicable
provisions of the Minnesota State Building Code and shall be free of any exposed extra
bracing, angle iron, guy -wire or cables. The base or support of all permanent ground signs
shall be securely anchored to an appropriately designed concrete base or footing per the
State Building Code.
4. Load Requirements. All signs and other advertising structures shall be designed and
constructed to meet all load requirements according to all applicable regulations in the
Minnesota State Building Code.
5. Installation. ALL signs shall be properly secured, supported and braced. No sign or any part
thereof, or anchor, brace, or guy -wire shall be attached, fastened or anchored to any fire
escape, fire ladder or standpipe, and no sign or any part thereof, or anchor, brace or guy -
wire shall be erected or maintained which may cover or obstruct any door, doorway, or
window of any building or which may hinder or prevent ingress or egress through such door,
doorway or window, or which may hinder or prevent the raising or placing of ladders
against such building in the event of fire. All signs or attention -attracting devices shall be
free of projections that could cause injury to a pedestrian and shall be installed in such a
manner to avoid obstruction of a public sidewalk or street or portion thereof.
6. Maintenance. All signs, including nonconforming signs, and sign structures shall be
maintained to preserve the appearance and structural integrity substantially identical to
the new condition of the sign.
7. Sign Illumination. All illuminated signs shall comply with Section 150.035 (Lighting, Glare
Control and Exterior Lighting Standards) and the following requirements:
a. Electrical Permit. All signs in which electrical wiring and connections to be used shall
comply with all applicable provisions of the State Electrical Code. No permit for the
erection of a sign shall be granted prior to approval and issuance of a valid electrical
permit for that sign.
b. Voltage Displayed. The voltage of any electrical apparatus used in conjunction with a
sign shall be conspicuously noted on that apparatus. In addition, all electrical signs
shall bear the label of approval of a recognized testing laboratory and be equipped
with a watertight safety switch that is located where the electrical supply enters the
sign.
c. External Illumination. All external lighting fixtures shall be steady, stationary, fully -
shielded and directed solely onto the sign, and shall use lighting designed to minimize
light spill and glare. Lighting sources shall not be directly visible or cause glare to
adjacent public rights -of -way or adjacent private property.
d. Internal Illumination. Internally illuminated signs shall permit light to shine fully
through only the lettering and graphic elements of the sign. The background for such
lettering and graphics shall be opaque or translucent and shall transmit light at a level
substantially less than that transmitted through the lettering and graphics. If the
contrast between the lettering or graphic elements and background does not permit
adequate legibility, a translucent white border of up to one (1) inch in width may be
placed around said lettering or graphic elements.
e. Brightness Limitation. Except for daytime displays on electronic variable message
signs, in no instance shall the lighting intensity of any illuminated sign exceed:
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Three (3) foot candles at the front lot line and one (1) foot candle at all other lot
lines, measured three (3) feet above the surface of the ground.
ii. Fifty (50) foot candles measured perpendicular to the face of the sign from a
distance equal to the narrowest dimension of the sign.
Glare. All artificial illumination shall be so designed, located, shielded and directed so
as to prevent the casting of glare or direct light upon adjacent public right-of-way or
surrounding property.
g. Gooseneck and similar reflectors and lights shall be permitted on ground and wall signs
provided, however, the reflectors and lights shall concentrate the illumination upon
the area of the sign so as to prevent glare upon the street or adjacent property. It shall
be unlawful to maintain any sign which is wholly or partially illuminated by floodlights
or spotlights, unless such lights are completely concealed from view from the public
right-of-way.
8. Motion as a Component of a Sign. No sign shall have any flashing, scintillating, moving or
blinking lights or rotating beacons, whether operated by electronic or mechanical means or
wind driven, nor shall any floodlight, spotlight, or beacon utilize such actions to illuminate
a sign. In addition, no beam of light shall be projected through a mechanism which
periodically changes the color of the light reaching the sign.
9. Attention -Attracting Objects. The use of any attention -attracting object, as defined in this
code, shall be allowed only as a temporary sign in conjunction with a special event permit,
not to exceed ten (10) days per issuance. No permit shall be granted for any premises more
than four (4) times in any calendar year; or more than once in any three month period.
10. Lots Having Multiple Street Frontages. Businesses occupying corner lots, or multiple
frontages adjacent to more than one public right-of-way, may display up to one additional
ground or building -mounted sign for each additional frontage provided that such additional
sign may not exceed 50% of the area allowed by the primary frontage and is oriented
toward the additional frontage. For purposes of this code, the primary frontage shall be
presumed to be the frontage upon which the main entrance to the building is located. The
applicant, however, may identify a different frontage as the primary frontage to maximize
the effectiveness of the signage.
11. Resemblance to Traffic Signs. No sign shall contain or resemble any sign resembling in size,
shape, message, or color any traffic control devices compliant with the Minnesota State
Manual on Uniform Traffic Control Devices.
G. Limitations According to the Type of Land Use. Unless exempt under 5154.212.K or as expressly
provided elsewhere, no permanent or temporary signs shall be displayed except in conformity
with the following regulations as they correspond to the type of land use and districts in which
the sign is to be displayed.
1. Residential Uses in Residential Districts.
a. In connection with legal home occupations, a single sign which is limited in content to
the name, address and legal home occupation of the owner or occupant of the
premises, and which does not exceed two (2) square feet in area. Signs under this
paragraph shall be wall signs only.
A residential condominium or multi -family apartment complex may display signs
identifying the name of the condominium or apartment complex if the total acreage of
the lot is one (1) acre or more and the condominium or apartment includes eight (8) or
more units. One (1) wall sign and one (1) ground sign per street frontage may be
displayed, with a maximum of two (2) wall signs and two (2) ground signs per lot. No
identification sign shall exceed thirty-two (32) square feet in area, and the maximum
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height is one (1) story or twelve (12) feet above curb level, whichever is lower. For
purposes of this paragraph, the term "lot," when used in reference to a condominium
means all property within a common interest community.
c. A subdivision identification sign not exceeding thirty-two (32) square feet in sign area
as approved by the City.
2. institutional Uses in Residential Districts. Nonresidential uses located in residential
districts, such as churches and schools, located in residential districts may erect signs as
follows:
a. Wall and Ground Signs
Area and Number: One (1) wall sign and one (1) ground sign per street frontage
may be displayed, identifying the entity, with a maximum of two (2) wall signs and
two (2) ground signs per lot. Additional wall or ground signs for wayfinding
purposes may be permitted when the size of the lot, number of vehicular or
pedestrian entrances, and layout of the buildings require additional signs in order
to promote traffic and pedestrian safety. Signs under this paragraph, whether
displayed on a wall or on the ground, shall not exceed twelve (12) square feet in
area, except such signs may be increased in area by one (1) square foot for each
additional foot that the sign is set back more than twelve (12) feet from a lot line.
No sign under this section shall exceed thirty-two (32) square feet in area.
ii. Height. No identification sign shall project higher than one story, or twelve (12)
feet above curb level, whichever is lower.
b. Temporary Signs
3. Commercial, Mixed -Use and Industrial Districts
a. Ground Signs
b. Directory Signs
c. Awning and Canopy Signs
d. Wall Signs
e. Projecting Signs
f. Hanging Signs
g. Window Signs
h. Directional and Informational Signs
i. Corporate Flags and Decorative Banners
j. Temporary Signs
4. Planned Development Districts. No permanent sign shall be displayed except a sign
authorized by the City and included in the Comprehensive Sign Plan pertaining to the site.
Temporary signs are permitted for commercial, institutional or industrial uses unless
prohibited by the Comprehensive Sign Plan.
Conservancies and Parks. No sign shall be permitted except those installed by direction of
the Public Works Director.
6. Agricultural Sales Businesses. Signage related to agricultural sales business may be erected
as follows:
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a. On -Premises Signs, Agricultural Sales Businesses. One (1) or more on -premises signs
may be erected on a property in conjunction with an operating agricultural sales
business subject to the following requirements and restrictions:
i. Agricultural sates businesses utilizing less than 10 acres of land specifically for the
growing of agricultural crops for the business are allowed 1 on -premises sign not to
exceed thirty-two (32) gross square feet of advertising surface.
ii. Agricultural sales businesses utilizing more than 10 acres of land but less than 40
acres of land specifically for the growing of agricultural crops for the business are
allowed up to two (2) on -premises signs not to exceed forty-eight (48) gross square
feet of total advertising surface, with no individual sign surface exceeding thirty-
two (32) square feet in size.
iii. Agricultural sales businesses utilizing more than 40 acres of land specifically for the
growing of agricultural crops for the business are allowed up to three (3) on -
premises signs not to exceed sixty-four (64) gross square feet of total advertising
surface, with no individual sign surface exceeding thirty-two (32) square feet in
size.
iv. Any illuminated sign shall be consistent with 5154.212.F.7 and illuminated only
during those hours when business is open to the public for conducting business.
b. Temporary Off -Premises Signs, Agricultural Sales Businesses. Independent of the total
allowable sign area for an individual property anywhere within the city, a temporary
off -premises sign may be erected on a property in conjunction with an operating
agricultural sales business subject to the following requirements and restrictions:
i. Maximum Number. Every agricultural sales business shall have no more than three
(3) off -premises signs at any given time to direct the public to the location of the
business.
ii. Time Frame of Use. Temporary off -premises signs may be erected for 45-day time
periods no more than 4 times in any given calendar year. The required temporary
sign permit shall stipulate the range of dates for each of the 4 allowable time
periods in any given calendar year.
iii. Size and Height. An off -site agricultural sales advertising sign shall not exceed 50
square feet in area and shall not be taller than 10 feet in height.
iv. Setbacks. Off -premises signs shall be a minimum of 25 feet from all side property
lines, and a minimum of 50 feet from other off -premises advertising signs.
v. Permission Required. Applicants for off -premises signs shall acquire permission
from the property owner upon whose land the sign is to be erected.
H. Regulations Pertaining to Specific Sign Type. Except as expressly provided elsewhere, signs
shall meet the following regulations according to sign type:
1. Wall Signs
a. Number. No building occupant shall display more than one (1) wall sign per street
frontage except as provided below:
i. One additional wall sign may be displayed on a building with no front setback
provided that such sign is a flat sign that is either painted upon the building or does
not extend outward more than six (6) inches.
ii. Up to three (3) ancillary wall signs may be displayed on buildings measuring at least
100 feet in length along the front lot line. Any ancillary sign displayed under this
paragraph shall not exceed 50% of the net area or 50% of the height of the largest
14
permitted wall sign displayed on that fa4ade, nor shall the aggregate area of the
ancillary signs exceed 50% of the net area of such wall sign.
b. Surface Area. The total permitted sign surface area of all wall signs on a fa4ade shall
not exceed one (1) square foot of signage for each lineal foot of building frontage that
is coterminous with the occupancy to which the sign refers, unless a different amount
allocated to the building occupant is identified in an approved Comprehensive Sign Plan
pursuant to 5154.212.1. In addition, no individual wall sign shall exceed one hundred
(100) square feet in area.
c. Location. Wall signs shall be mounted parallel to building walls and only on a portion of
an exterior wall that is coterminous with the occupancy to which the sign refers, unless
a different location is identified in an approved Comprehensive Sign Plan pursuant to
5154.212.1. No wall sign shall extend above or beyond the wall to which it is attached.
d. Installation Requirements. No wall sign shall cover or interrupt significant architectural
elements such as columns, column caps, friezes, door or window heads,
embellishments, adornments, fenestration, or ornamental detailing on any building. All
mounting brackets and other hardware used to affix a sign to a wall as well as all
electrical service hardware and equipment shall be concealed by architectural
elements of the building or the sign itself.
2. Ground Signs
a. Number. There shall be no more than one (1) ground sign for each street on which the
lot has frontage, except one additional ground sign per lot frontage may be allowed for
any lot frontage over one thousand (1,000) linear feet. On lots occupied by two (2) or
more occupants, or where a second ground sign is permitted, three (3) or more
occupants, a directory sign shall be used in lieu of multiple ground signs. No single
business or building occupant shall be allowed signage on both an individual ground sign
and a ground directory sign on the same street frontage. On premises having no
principal building, there shall be no more than one (1) ground sign for the premises.
b. Surface Area. No ground sign shall exceed the size listed in Table 5-3.
c. Type of Sign. Any permanent ground sign shall be erected as a monument sign. Pole
signs are prohibited unless the pole portion of the sign is enclosed in a shroud that
causes the sign to appear to have a monolithic base or support structure of any
material measuring no less than one-third (1 /3) of the greatest width of the sign at any
point or unless the height is no greater than three (3) feet. The base of the monument
sign shall not exceed the width of the widest portion of the sign face by more than
twenty-five percent (25%).
d. Location. Ground signs shall be placed with consideration for visibility, access,
maintenance, and safety, consistent with the provisions of Section 154.212.F.2.
Grounds signs shall be located beyond required setbacks a distance equal to or greater
than the height of the sign. If this is not possible, ground signs shall be located as far
from required setback lines as possible. In no case shall a ground sign, as defined in
this Ordinance, extend beyond a lot line of a property. A ground sign larger than 6 sq.
ft. shall be located no closer than 100 feet of another ground sign or the furthest
distance possible from another ground sign, whichever distance is shorter.
e. Height
i. The height of a ground sign shall be measured from the approved grade at the base
of the sign or the elevation of the street upon which the sign faces, whichever is
lower, to the top of the highest attached component of the sign.
ii. A ground sign shall be mounted on a base not to exceed four (4) feet in height.
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iii. Allowable height of a ground sign shall be as set forth in Table 5-3.
iv. No ground sign shall be taller than the principal building on the premises to which
it pertains.
f. Landscaping. Perennial plantings, grass or other landscaping features shall be
incorporated around the base of all ground signs.
g. Exempt or Special Purpose Ground Signs. The location of and maximum height and
surface area of any other exempt or special-purpose ground sign expressly authorized
by another section of this ordinance, shall be as set forth in such other section.
Table 5-3 Ground Signs
Table 5-3 describes the zoning districts in which ground signs may be displayed, and the
maximum height and area of the signs, as determined by the speed limit on the adjacent
roadway. For ground signs on zoning lots with more than one street frontage, use the miles per
hour on the street with the faster speed limit to determine the maximum height and area
allowed.
Ground Signs
Zoning District
Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR
BP, C, CC, GB,
LC, VMX
No. of
Total
Traffic
Lanes
Speed
Limit
(MPH)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
1-3
0-34
6'/32
10'/32
35-44
6'/32
10'/50
45+
6'/32
10'/72
4-5
0-34
6'/32
10'/40
35-44
6'/32
10' /64
45+
6'/32
12'/80
Notes to Table 5-3:
a. Ground signs are only permitted in the A, RR and RT districts in conjunction with agricultural
sales business.
3. Window Signs
a. Location: All window signs must be located inside an exterior window unless the sign is
weatherproof and does not pose a danger from falling or being blown by the wind.
Lettering or graphic elements that are directly mounted on a window shall not
encroach upon the frame, mullions, or other supporting features of the glass.
b. Permanent Signs. When a sign is painted on or otherwise attached or applied to the
window area in a permanent manner, then such sign shall be included in the total
allowable wall sign area for the building and shall not exceed twenty (20) percent of
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the total ground -floor window area of the building, excluding the door windows. All
permanent window signs which have their lettering or graphic elements directly on the
glazing shall be painted, metal leafed, vinyl transferred, or in some other manner
permanently applied to the interior side of the glass of an exterior building window or
door. No application using a temporary adhesive shall be permitted unless the Planning
Director determines the application to be reasonably safe.
c. Temporary Signs. Signs advertising sales and specials shall not exceed thirty (30)
percent of the total ground -floor window area of any building, excluding the door
windows. Such signs must be displayed in conformance with the temporary sign
regulations listed in 5154.212.J.
d. Under no circumstances shall any combination of permanent or temporary window
signage cover more than fifty percent (50%) of the total ground window area of any
building.
4. Changeable Copy Signs
a. Changeable copy signs are not an additional permitted sign type, but any permitted
sign type may be a changeable copy sign, provided that the total surface area of the
entire sign does not exceed the maximum allowed for the type and location of sign
upon which the changeable copy is displayed.
b. Electronic Variable Message Signs: Any sign type may be an electronic variable message
sign subject to the following regulations:
i. Surface Area. The areas of electronic variable message signs capable of displaying
copy shall not exceed forty (40) square feet and shall be included within the
maximum aggregate sign surface area allowed for the type and location of sign
upon which the changeable copy is displayed.
ii. Length of Cycle. The electronic changeable copy or images shall not alternate,
change, fade in, fade out, or otherwise change more frequently than once every
ten (10) seconds. Electronic variable message sign signs may not display scrolling,
racing, pixelating or moving characters or images, or similar actions that convey
motion.
iii. Color. All copy, characters or other changeable images shall be of one (1) color
only, with light copy on a dark background.
iv. Brightness Adjustment. An electronic variable message sign shall be equipped with
photosensitive equipment which automatically adjusts the brightness and contrast
of the sign in direct relation to the ambient outdoor illumination such that the light
Level does not exceed three (3) foot candles at the front lot line and one (1) foot
candle at all other lot lines, measured three (3) feet above the surface of the
ground.
v. Maintenance. Any electronic variable message sign shall be maintained so as to be
able to display messages in a complete and legible manner.
5. Canopy and Awning Signs. The use of canopy and awning signs reduces the maximum area
of any allowed wall sign by half. Canopy and awning signs are subject to the following
provisions:
a. Surface Area. The sign surface area of a canopy or awning sign shall not exceed fifteen
(15) percent of the area of the vertical section of the canopies and awnings. The area
of the vertical section of the canopies and awnings is calculated as the difference
between the highest and lowest point on the canopy or awning multiplied by the length
of the canopy or awning measured parallel to the fagade upon which it is attached.
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b. Location
i. Canopies and awnings shall be constructed and erected so that the lowest portion
of the projecting frame thereof shall be not less than nine (9) feet, and the lowest
portion of the descending skirt shall be not less than eight (8) feet above the level
of the sidewalk or public thoroughfare.
ii. No portion of the canopy or awning sign shall extend above or beyond the canopy
or awning upon which it is attached. However, a sign may be hung beneath a
canopy parallel to the building frontage so long as it and its structural components
are no less than eight (8) feet above the ground immediately beneath the sign.
iii. Awnings shall not project more than seventy-two (72) inches out from the building
upon which they are attached, nor extend out from the building beyond the
extension of the awnings on adjoining buildings.
c. Installation Requirements. To preserve the architectural integrity of a building, no
canopy or awning, and no canopy or awning sign, shall cover or interrupt significant
architectural elements such as columns, column caps, friezes, door or window heads,
embellishments, adornments, fenestrations or ornamental detailing.
d. Illumination. Awnings and canopies may be illuminated where the following conditions
are maintained:
i. Both interior type strip lighting and exterior type goose neck lighting is permitted,
not exceeding a maximum light level of 18 foot candles measured three (3) feet
from the perpendicular to the light source.
ii. The bottom of any illuminated awning or canopy shall be enclosed.
iii. The provisions of 5154.212.F.7 are satisfied.
e. Materials. Canopy and awning signs shall be made of either the material with which the
canopy or awning is covered or other water proof materials affixed flush to the face of
the canopy or awning, or be painted directly on the awning or canopy material with
weather -resistant paint.
f. Snow Load. It is found that snow and ice that accumulates on awnings can pose a
danger to pedestrians. To ensure the safety of pedestrians, snow and ice shalt be
removed from awnings within a reasonable time period after an event of snow and ice
accumulation.
6. Hanging Signs. One sign up to six (6) square feet in area may be suspended above a
walkway near a primary building entrance so long as it and its structural components are no
Less than eight (8) feet above the ground immediately beneath the sign.
7. Projecting Signs. A projecting sign may be displayed in lieu of a wall sign and subject to the
following restrictions:
a. Maximum Projection. The maximum distance a projecting sign may project is not more
than twenty-four inches (24") into the right-of-way. Subject to zoning setback
limitations, a projecting sign may project no more than six feet (6') from the building
face.
b. Location. A building may have one (1) projecting sign facing a street or on a corner of
the building.
c. Surface Area. The permitted area of a projecting sign shall not exceed the square
footage for the amount that would otherwise be allowed for a wall sign on the building.
d. Height. A projecting sign must vertically clear any pedestrian area by at least eight (8)
feet and vehicular ways by at least fourteen (14) feet. A projecting sign may extend to
18
the juncture of the roof with the building wall or to the top of any parapet, but no
projecting sign may extend above a second story.
Directional Signs. On -premise directional signs may be placed on private property near
driveway entrances, at building entrances, and in parking lots and loading areas where
reasonably necessary. Each such sign shall be located on -premise and shall adhere to the
regulations pertaining to vision triangles and other setbacks as defined in 5154.212.F.2.
Such signage shall be considered exempt from the total signage calculation for the
premises as long as all the following standards are met:
a. Such signage does not serve an additional advertising purpose.
b. There are no more than three (3) directional signs per lot, not including a maximum of
one (1) directional sign allowed per driveway entrance/exit.
c. Surface area per sign does not exceed four (4) square feet.
d. Logos do not exceed two (2) square feet in area per sign.
e. Sign height does not exceed five (5) feet above ground elevation at base of sign.
9. Flags and Decorative Banners. The following regulations apply to all flags and decorative
banners:
a. A minimum clearance of eight feet (8') over pedestrian ways and fourteen (14') feet
over vehicular areas.
b. Maximum number of flagpoles for any lot is three (3).
c. Maximum height of any flagpole is fifty (50) feet.
d. Maximum number of flags per lot is four (4).
e. Maximum area of any flag shall be forty (40) square feet.
f. Flags representing a private entity, including corporate or business flags, shall be
included within the maximum sign area total for the site, as applied to the allowance
for a ground sign, and shall require a sign permit.
I. Comprehensive Sign Plans
1. Purpose. Mutti-tenant developments such as shopping malls, due to the varying occupant's
need for signage and the potential for unique architecture and placement of different
occupancies as they relate to street frontages, can create challenges to the applicability of
sign regulations and the fair distribution of permitted square footage for occupants. This
section is intended to define how signage permitted under this code will be distributed
among the different occupancies available in the development. The Comprehensive Sign
Plan shall create visual harmony between the signs, building(s), and building site through
unique and exceptional use of materials, design, color, and lighting, and other design
elements; and shall result in signs of appropriate scale and character to the uses and
building(s) on the lot as well as adjacent buildings, structures and uses.
2. Applicability. A Comprehensive Sign Plan shall be required of an applicant for all planned
developments and commercial or industrial multi -tenant developments where different
occupancies will compete for permitted square footage on a single lot.
3. Submission Requirements. An application for Comprehensive Sign Plan approval shall be
submitted to the Planning Director and shall include:
a. A site plan, dimensioned, showing the location of the building(s), structure(s), parking
area(s), driveway(s), and landscaped areas on the lot upon which the proposed sign is
to be attached or erected.
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b. A table or tables containing:
i. Computation of the maximum total sign area.
ii. Maximum area for individual signs.
iii. Height and number of ground signs.
iv. Statement of the maximum total sign area and maximum number of signs
permitted on the site by this Ordinance.
c. An accurate indication on the site plan of the location and orientation of each sign for
which a permit is currently being requested, the anticipated location of future signs
requiring a permit, and the location of all reasonably anticipated temporary signs.
d. A description and illustration of the following may be required:
i. Colors and materials to be used in sign construction.
ii. Style of lettering for all signs.
iii. Appearance/location of logos or icons.
iv. Location of each sign on the building(s), with building elevations if necessary.
v. All sign proportions.
vi. Types of illumination.
4. Amendment. A Comprehensive Sign Plan may be amended by filing a new Comprehensive
Sign Plan, in conformance with the requirements of the Sign Ordinance in effect at that
time, and obtaining approval of the Planning Director.
5. Binding Effect
a. After approval of a Comprehensive Sign Plan, no permanent sign shall be erected,
placed, painted or maintained by the property owner or any buyer, tenant, subtenant,
assignee, employee, agent or other party in use of the subject property except in
conformance with such plan without obtaining a sign permit and in conformance with
the Comprehensive Sign Plan.
b. If the City Council has approved a Comprehensive Sign Plan with flexible criteria, the
Planning Director is authorized to approve, through the standard sign permit approval
process, sign applications in conformance with the comprehensive sign plan, but only
to the extent that the application is in conformance with the Comprehensive Sign Plan.
c. The terms and conditions of an approved Comprehensive Sign Plan shall have the same
force and effect and be enforced in the same manner as any other provision of this
Section.
J. Temporary Signs
1. General Requirements. Temporary signs shall conform to the following standards:
a. Permit Required. No temporary sign may be displayed without a valid temporary sign
permit or portable sign permit.
b. Sign Type. Temporary signs may include any sign type permitted by this Section.
c. Number. No more than two (2) temporary signs may be displayed on a lot at any time.
d. Surface Area. The maximum area of all temporary signs displayed shall be a combined
total of eight (8) square -feet if displayed for ten (10) days or longer.
e. Location. Temporary signs shall be located only upon the premises to which the
special, unique, or limited activity, service product, sale, or event is to occur. No
20
temporary sign may be placed off -premise except as otherwise provided elsewhere in
this Section.
f. Duration. No temporary sign permit shall be issued to erect or maintain any temporary
signage for a period exceeding twenty-one (21) days, or to be displayed three (3) days
after termination of the activity, service, project, sale, or event to which the sign
pertains, whichever comes first. A permit for a temporary sign or signs shall be granted
no more than four (4) times in any calendar year and only once every three (3) months.
g. Installation Requirements. All temporary signs shall be constructed, anchored and
supported in a manner which reasonably prevents the possibility of such signs becoming
hazards to the public health and safety as determined by the Planning Director.
2. Business Opening Signs. Business opening signs may be displayed on lots having commercial
or industrial occupancies subject to the following provisions:
a. Permit Required. A permit shall be issued before a business opening sign may be
erected. The permit may not be renewed.
b. Type of Sign and Location. A business opening sign may be a wall sign, projecting sign,
or ground sign. A business opening sign may be displayed in addition to, in lieu of, or
affixed to a permanent sign. A banner may be used as a business opening sign.
c. Size. The size of a business opening sign shall be determined by the type of sign
chosen, and shall be limited to the maximum size allowed for a permanent sign of that
type at that location.
d. Illumination. A business opening sign may be illuminated subject to 5154.212.F.7.
e. Duration. A business opening sign may be displayed for a period not to exceed thirty
(30) days from the date the business opened, changed names, or changed ownership.
3. Portable Signs. In addition to the general requirements pertaining to temporary signs, the
following standards pertain to portable signs:
a. Permit Required. A sign permit shall be issued on an annual basis before a stationary
portable sign may be erected. Such permit shall only be valid during the calendar year
during which it is issued.
b. Construction. A sign shall be manufactured to a professional standard of construction,
finish and graphics. A portable sign shall be free-standing, self -supported and
constructed of substantial materials such as wood, metal or plastic such that the sign
will reasonably withstand the elements.
c. Size and Design Regulations:
i. A portable sign shall not exceed six (6) square feet in surface area per side, with a
maximum of two (2) signable sides or faces.
ii. The sign shall not exceed three (3) feet measured at the widest point of the sign
face.
iii. Any portion of the sign's face used for a chalk or dry -erase board shall not exceed
fifty percent (50%) of the total sign face surface area.
d. Number. One portable sign may be displayed per business or occupant in any
commercial or industrial area or Planned Unit Development.
e. Location. A portable sign is restricted to the lot of the business establishment to which
a permit has been issued, except such a sign may be located in the public right-of-way
in front of the premises only where no front setback is required.
f. Placement: A portable sign shall:
21
Be placed only along sidewalks where a minimum five (5) foot wide clear sidewalk
is maintained. In no event shall a portable sign be placed on any bicycle path. The
placement of a portable sign shall not obstruct access to any crosswalk, mailbox,
curb cut, fire hydrant, fire escape, fire door, building entrance, public parking
space or any other public property, nor shall a sign obstruct the ability of persons
to exit/enter vehicles parked along the curb;
ii. Not be attached, chained or in any manner affixed to public property including
street trees, utility poles or sign posts;
iii. Not obstruct the clear view of any traffic signal, regulatory sign or street sign;
iv. Not be located closer than 10 feet to any other portable sign;
v. Not be located directly adjacent to a bus stop or transit vehicle, shall not obstruct
sight lines of road users, nor be placed less than twenty-five (25) feet from a street
intersection or fifteen (15) feet from a crosswalk;
vi. Not be placed in such a way as to interfere with snowplowing of the streets;
vii. Be maintained free of snow, be placed on solid ground at all times and shall not be
placed on top of snow banks.
g. Illumination. A portable sign shall not be illuminated.
h. Time Limitations and Removal. A portable sign may be displayed only during business
hours. Such sign must be removed and safely stored out of view during times when the
business is not open to the public. Trailers or other vehicles that are not used
principally as a sign may be parked on the lot when the business is not open to the
public.
Enforcement. Portable signs located within the public right-of-way are a privilege and
not a right. The City in permitting placement of such signs in the public right of way
reserves the right to require their removal at any time because of anticipated or
unanticipated problems or conflicts. To the extent possible, the permittee shall be
given prior notice of any time period during which, or location at which, the placement
of portable signs is prohibited. Furthermore, the sign permit may be revoked by the
Planning Director following notice to the permittee. The permit may be revoked if one
or more conditions outlined in this section have been violated, or if the sign is
determined to constitute a public nuisance not specifically outlined in this section.
Following the revocation of the sign permit, no application for the same site shall be
filed within one hundred eighty (180) days from the date of revocation. The permittee
has a right to appeal the decision of the Planning Director within thirty (30) days of
issuance of a revocation notice pursuant to 5154.212.N.2.
j. Indemnification. Where a temporary, portable sign is permitted in the public right-of-
way, the owner, lessee or lessor of the business to which a permit has been issued and
the property owner shall agree in writing to fully indemnify and hold the City harmless
for any personal injury or property damage resulting from the existence or operation of
said sign, and shalt furnish evidence of general liability insurance in the amount of fifty
thousand dollars ($50,000.00) with the City as additional named insured or provide
other security to the satisfaction of the City Administrator.
k. Permit Renewal. The permit for a portable sign must be renewed annually prior to
January 1 of each year.
K. Signs Exempt from Permit. Consistent with the purpose and scope of this ordinance, the City
recognizes that certain temporary, necessary, or limited -purpose signs should be lawfully
displayed without the need to obtain a permit and should not count as part of the specific sign
area allowed to be displayed on a particular property. All signs exempt from permit
22
requirements must, nonetheless, adhere to all other applicable sections of this ordinance and
all other applicable State and Federal regulations. The City finds that the following signs may
be displayed without a permit because they serve an immediate or temporary traffic safety or
wayfinding function:
1. Address and Nameplates. Address and name plates not exceeding three (3) square feet in
area.
2. Athletic Field Signage. Signs, banners, and scoreboards designed solely for view from
spectator areas and displayed on interior walls, fences, or other structures located inside
an enclosed athletic field at a school, park, or other public or private athletic complex.
Approval of the Park Commission shall be required to display a sign, banner, or scoreboard
under this paragraph at a City park.
3. Awning Signage. Signs displayed on awnings located on commercial or industrial buildings
provided that the signs are displayed on the lowest twelve inches (12") of the principal
face or side panels of awnings and provided that they do not exceed six inches (6") in
height.
4. City Signs on City Property. City signs on City property not exceeding thirty-two (32)
square feet in area.
Construction Signs. Such signs may only be placed on the property where work is in
progress, shall not be erected prior to the beginning of work for which a valid building
permit has been issued, and shall be removed within ten (10) days of completion of work or
the expiration of the building permit, whichever is sooner. Construction signs on parcels in
residential or park uses shall not exceed thirty-two (32) square feet per street frontage.
Construction sign area for commercial, industrial, multi -family, or planned development
uses on parcels less than 100,000 square feet shall not exceed sixty four (64) square feet
per street frontage; and on parcels greater than 100,000 square feet shall not exceed
ninety six (96) square feet per street frontage. Square footage may be divided.
6. Flags. Flags that comply with the provisions of 5154.212.H.9.
7. Garage Sale and Estate Sale Signs. Signs advertising a garage sale shall not exceed four (4)
square feet in area, shall not be displayed for a period of time more than seventy-two (72)
consecutive hours and may be displayed no more than twice in any one calendar year. Up
to three (3) residential garage sale signs may be displayed per event, two (2) of which may
be displayed off -premises, but not in the public right-of-way. Any such sign placed on
private property must have the consent of the property owner on whose property such sign
is displayed.
8. Government Signs, Including Traffic or Official Public Hearing Notice Signs. Such signs are
placed, authorized, or required by the City or other authorized governmental agency. The
requirements for maximum area, height, setback, or other size, materials or physical
specifications shall be as required by law or the authorizing agency.
9. Holiday and Temporary Decorations. Holiday or temporary decorations when located on
private property, or with the approval of the City if on public property. In addition, any
sign in the nature of a decoration, identification or direction, incidentally and customarily
associated with any national or religious holiday or any civic festival, fair or similar
gathering, held during a period of ten (10) days or less in any year, provided such sign shall
not differ substantially from the requirements set forth in this Section. Such decorations
may not contain any commercial message or logo or depict any commercial symbol or
character.
10. Home Occupation Signs. Signs identifying only the name and occupation of the resident.
Home occupation signs shall be non -illuminated, flush -mounted to a wall of the residence,
and shall not exceed two (2) square feet in area.
23
11. Memorial Signs. Any non-commercial sign in the nature of a cornerstone, commemorative,
or historical tablet or landmark designation plaque.
12. Menu Signs. Menu signs up to fifty-five (55) square feet in area and six (6) feet in height,
provided they are located within fifteen (15) feet of the commercial building with which
they are associated or advertise and in a manner such that the copy is not readily viewable
from the public right-of-way or a residential occupancy on an adjacent lot.
13. Non -Commercial Messages. One sign per parcel per street frontage carrying any lawful non-
commercial message not exceeding twelve (12) square feet in area. Any other permitted
commercial sign may be substituted for a noncommercial message but will count toward
the total signage type and area for the parcel upon which it is located. Hand-held signs
carrying noncommercial messages are not subject to any size limitation so long as they are
held by and under the physical control of a person during all times they are on display.
14. Parking Lot Regulation Signs. Parking signs not exceeding nine (9) square feet and having a
minimum setback of ten (10) feet.
15. Parking Lot Directional Signs. Signs must comply with the provisions of 5154.212.H.8.
16. Parking Lot Traffic Signs, as required by law.
17. Political and Election Campaign Signs. Signs containing a political message and displayed
during an election campaign period are allowed in addition to the noncommercial message
sign under subsection (13) during the election campaign period, however, after ten (10)
days has passed from the election date such sign may continue to be displayed, but will
count as the allowed noncommercial message sign under subsection (13). Political and
election campaign signs may also substitute for any commercial message sign in the same
manner. Unless substituted for another permitted sign, such signs shall not have any
electrical component. Such signs shall not have a mechanical or audio auxiliary component,
and shall not be attached to or placed on utility poles, trees, traffic devices, or within the
public right-of-way.
18. Real Estate Signs Advertising Residential Properties. Signs located on premise may not be
placed above the top of the lowest level of the building. All signs authorized under this
subsection shall be removed within ten (10) days of the sale or rental of the residential
units being advertised.
a. For lots containing less than four (4) dwelling units within one residential structure,
one non -illuminated real estate sign up to six (6) square feet per unit may be displayed
to advertise the sale or rental of the premises or any part thereof.
b. For lots where at least four (4) but less than sixteen (16) dwelling units are contained
within one residential structure, one non -illuminated real estate sign up to twelve (12)
square feet may be displayed to advertise the sale or rental of the premises or any part
thereof.
c. For lots where sixteen (16) or more dwelling units are contained within one residential
structure, one non -illuminated real estate sign up to thirty-two (32) square feet may be
displayed to advertise the sale or rental of the premises or any part thereof.
d. Up to two (2) signs directing traffic to "open houses", each sign no more than six (6)
square feet in area, may be installed off property after obtaining the consent of the
property owner on whose property such sign is to be displayed. These signs may not be
located in the public right-of-way. These off property directional signs may be
displayed only during the hours that the advertised activity is to take place, and they
must be a self-supporting type sign.
19. Real Estate Signs Advertising Single Occupant Commercial Property. For lots less than five
(5) acres, one non -illuminated real estate sign up to twelve (12) square feet in area may be
24
displayed. For larger lots, one non -illuminated real estate sign up to thirty-two (32) square
feet in area may be displayed. All signs authorized under this subsection shall be removed
within ten (10) days of the sale or rental of the commercial unit being advertised.
20. Real Estate Signs Advertising Non -Residential Grouped Development or Multi -Tenant
Buildings. For each group development or multi -tenant building containing nonresidential
Land uses, a maximum of two (2) signs, one per each nonresidential street frontage, may be
displayed up to a maximum of thirty-two (32) square feet in area.
21. Real Estate Subdivision Signs. For each real estate subdivision that has been approved in
accordance with the City of Lake Elmo subdivision regulations, a maximum of two (2)
temporary development project identification signs may be located on some portion of the
subject subdivision. Each such sign shall be not more than thirty-two (32) square feet in
area. One additional similar sign shall be permitted for each one hundred (100) lots in the
subdivision in excess of one hundred (100) lots. These signs may be displayed until a time
at which building permits have been issued for eighty percent (80%) of the lots in the
subdivision. Signs advertising sale or lease after such time shall conform to the
requirements of subsection (18) of this section.
22. Temporary Notices. Leaflet -type notices flat -mounted to kiosks or public information
boards.
23. Utility Company Signs. Signs that serve as an aid to public safety or that show the location
of facilities such as public telephones and underground cables only to the extent necessary
to accomplish those goals.
24. Window Signs, Temporary. Signs and displays that are of a temporary nature such as for
advertising sales and specials and that do not cover more than thirty (30) percent of the
total ground -floor window area of any building, excluding the door windows. Merchandise
and pictures or models of products or services incorporated in a window display are not
considered signs. Any sign placed on the outside of a window requires a sign permit unless
the sign is weatherproof and does not pose a danger from falling or being blown by the
wind.
25. Window or Wall Signs Not Readable Off -Premises. Window or wall signs not exceeding two
(2) square feet in area with lettering not exceeding three (3) inches high designed to
provide information to persons on the premises such as hours of operation, or sample
restaurant menu. Where no front yard setback exists, such signs as would generally be
unreadable off premises where minimum setback regulations apply shall qualify for this
exemption notwithstanding that such signs are readable from the public right of way. Such
signs shall not be counted toward total permitted signage.
L. Prohibited Signs. The following signs are expressly prohibited in the City of Lake Elmo:
1. Abandoned Signs
2. Off -Premise Signs, except as expressly allowed under this Section.
3. Inflatable Signs
a. Rationale. Inflatable signs shall be prohibited because they are generally more
distracting and hazardous to pedestrian and traffic safety, tend to have an anchoring
device that is less reliable under wind pressure, and out of scale and less compatible
with surrounding structures and signs.
b. The following inflatable devices shall not be considered a sign:
Registered hot air balloons in use and momentarily moored but not being used
primarily as a sign.
25
ii. Novelty -type balloons less than two (2) feet in diameter and less than three (3)
feet in any dimension tethered or moored no more than ten (10) feet above the
ground.
iii. Inflatable holiday or other decorations displayed temporarily on private property,
that do not contain any commercial message or logo or depict any commercial
symbol or character, and that does not exceed fifteen (15) feet in height.
4. Signs attached to any public utility pole or structure, street tree, fence, fire hydrant,
bridge, curb, sidewalk, park bench, or other location on public property except as
otherwise expressly permitted under this Section.
5. Beacons, unless authorized for use by the City of Lake Elmo or any other governmental
entity in the exercise of official government business and authority.
M. Legal Non -Conforming Signs. Any legal non -conforming sign may continue to be displayed or
replaced consistent with 5154.150 through S154.151, Non -Conforming Uses and Structures.
N. Variances and Appeals
1. Variances. It is recognized that circumstances may exist from time to time where strict
application of the size, location and type of sign standards hereinafter specified for the
various zoning districts may be unreasonable or where literal enforcement of the
regulations may work an unnecessary hardship on the applicant. Variations from the
standards are, therefore, permitted by issuance of a variance by the City Council upon
recommendation of the Planning Commission that such extenuating circumstances exist.
Variances shall be considered according to the provisions of 5154.017.
2. Appeals. An applicant may appeal any decision of the Planning Director to the Board of
Adjustment and Appeals according to the provisions of 531.10.
O. Violations
1. It shall be unlawful and a violation of this ordinance for any person to maintain any
prohibited sign, to perform or order the performance of any act prohibited by this
ordinance, or to fail to perform any act which is required by the provisions of this Section.
In the case of any such violation, each twenty four (24) hour period in which such violation
exists shall constitute a separate violation.
2. Any and all signs, erected, altered, or maintained in violation of this Section, or any of the
clauses and provisions of the same, or in violation of any of the laws or ordinances of the
City and/or the State of Minnesota, are, and each of them is declared to be a public
nuisance and subject to enforcement. Any such signs so erected, altered or maintained
contrary to law shall be abated as a common nuisance by the Planning Director.
Penalty. Any person who shall fail to comply with any of the provisions of this Section shall be
subject to a penalty as prescribed by 510.99 of this Code.
Q. Enforcement
If the Planning Director or Building Official finds that any sign has been erected, altered, or
is being maintained in violation of this section, or is in an unsafe condition as to be a
menace to the safety, health, or welfare of the public, he or she shall give written notice
to the owner thereof of the person entitled to possession of the sign and the owner of the
real estate upon which the sign is located. No notice shall be required for permitted
temporary signs displayed in violation of time limitations prior to taking enforcement
action.
2. Said letter shall notify the owner, or person entitled to possession of the sign, of the
specific violation or violations and direct that alterations, repairs or removal, whichever
26
may be applicable, be made to bring said violations in conformance with the terms and
conditions of this Section.
3. In the event the person so notified fails or neglects to comply with or conform to the
requirements of such notice, the Planning Director or Building Official may file an
appropriate citation or complaint in an appropriate court of law or take whatever other
legal action may be necessary to cause such sign to be altered or removed. If a sign is
considered abandoned, the City, after notice, may remove such sign at the cost of the
owner of the property upon which the sign sits. An invoice for such costs shall be sent to
the property owner and, if not paid, shall be placed on the tax roll as a special charge
pursuant to M.S. 5429.061.
R. Severability and Conflict
1. Severability. The provisions of this ordinance are severable. If any section, subsection,
sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions thereof.
2. Conflict. If any part of this ordinance is found to be in conflict with any other ordinance or
with any other part of this ordinance, the most restrictive or highest standard shall prevail.
If any part of this ordinance is explicitly prohibited by federal or state stature that part
shall not be enforced.
SECTION 5. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-082 was adopted on this eighteenth
day of June 2013, by a vote of Ayes and 0 Nays.
LAKE ELMO CI COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-082 was published on the 241" day of JUbJE , 2013.
27
Affidavit ®f Publication
Mate of Minnesota SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKDAT,F/T.AKF. FT.M0 RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-082
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 26TH day of
DUNE , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJ KLMNOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
*abcdefghijklmnopq rstuvwxyz
Subscribed and sworn to before me on
TH
thi 26 day of JUNE 13
BY: N.( %. /�
TITLE LEGAL COORDINATOR
otary Public
*Alphabet should be in the same size and kind of type as the notice.
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
......... $ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-082
AN ORDINANCE AMENDING
THE LAKE ELMO CITY CODE
OF ORDINANCES BY
ADOPTING NEW SIGNAGE
REGULATIONS IN THE LAKE
ELMO ZONING CODE.
Section 1: Ordinance 08-078 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-082, which replaces the current
sections of the City Code
pertaining to Signage
Regulations. The revised
ordinance includes the following
revisions from the previous
ordinance:
• The establishment of different
procedural and administrative
elements of addressing signage in
the community;
• The inclusion of basic design
considerations for signage in the
community;
• The establishment of standards
related to location of signage to
ensure safe and reasonable use of
signage; and
• The establishment of different
allowances for signage types and
sizes according to location of
signage and applicable land use
or zoning;
The full text of Ordinance No. 08-
082 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2: Effective Date: This
ordinance shall become effective
immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 18th
day of June, 2013.
Ayes: 4
Nays: 0
/at Mike Pearson, Mayor
Attest: /a/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: June
26, 2013)
CITY OF LAKE ELMO
N wr
COUNTY OF WASHINGTON
STATE OF MINNESOTA
APPROVED
ORDINANCE NO. 08-083
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ESTABLISHING LICENSING AND REGISTRATION REQUIREMENTS FOR OTHER
COMMERCIAL ACTIVITIES IN LAKE ELMO, MINNESOTA.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business
Regulations; Chapter 116: Other Licenses and Registration, by adding the following
language:
§ 116.01 POLICY.
It is deemed in the interest of the public and the residents of the City that certain commercial
work or specific services performed on property within the city, be done only by individuals that
have demonstrated or submitted evidence of their competency or ability to ensure the protection
of the legal, personal, and property rights of persons in the City.
§ 116.02 LICENSE OR REGISTRATION REQUIRED; PERMITS
(A) Commercial Tree Cutting, Tramming, Pruning, Removal, or Spraying
(1) License Required. It shall be unlawful for any individual, partnership, or
corporation to conduct as a business the cutting, trimming, pruning, removal, spraying or
otherwise treating of trees in the City without having first secured a license from the City to
conduct such a business. Licenses issued under this section shall expire on December 31 of each
year.
(B) This division shall not be construed as preventing any such qualified licensee from
performing the work by an employee under his/her supervision and control, or by contract with
another person qualified to perform the same; provided that the contractor is subject to the
control of the licensee, and the licensee is at all times responsible for the work performed. A
contractor not subject to the control of a licensee shall be required to obtain a license.
(C) Permit not required. No permit is required for the services or work described in this
section unless required elsewhere in this code.
§ 116.03 APPLICATION FOR LICENSE; INSURANCE REQUIREMENTS; ISSUANCE
OR DENIAL.
(A) Contents of application; insurance.
(1) Applications for a license shall be made on forms provided by the City Clerk. On
such form, the applicant shall state the following information:
Page 1 of 4
is/her name, and business and home address; and if the application is made
on bell If #of a art•• hip, association or corporation, the name and address of such partnership,
assooiat on, and the phone number of the contact person;
(b) If the proposed licensee is a partnership, the name and home addresses of all
partners; or if the proposed licensee is an association or corporation, the names and home
addresses of its principal officers and managers and of the owners (not to exceed 10) or the
largest shareholders of the business or enterprise; and
(e) Such information as is required to be furnished by ordinance or is reasonably
required by the City Clerk or other applicable City departments.
(2) The application shall include documentation indicating insurance coverage, which
shall remain in effect during the license term, naming of the City as an additional insured, and
non -cancellation provisions, which provide a minimum of 30 days' notice to the City prior to
cancellation, as follows:
(a) Comprehensive general liability insurance not less than $100,000 for injuries
including accidental death to any one person, and subject to the same limit for each person in an
amount of not less than $300,000 on account of any one accident;
(b) Property damage insurance not less that. $50,000 for each accident and not
less than $100,000 aggregated; and
(c) Workers compensation insurance coverage of employees as required by state
law.
(B) Signatures required. The proposed licensee shall sign the application; or if the proposed
licensee is a partnership, an association or corporation, at least one person having power under
its bylaws to execute contracts of the association or corporation shall sign.
(C) Issuance of license. The license shall be granted by the City Clerk.
(D) Denial of license; appeal. In the event the City Clerk determines that the application does
not comply with the ordinance criteria, the report and recommendation of the City Clerk and
applicable staff shall be referred to the City Council, together with the reason or reasons for the
proposed denial. A copy of the recommendation shall be supplied to the applicant. The applicant
may appear before the City Council to respond to the recommendation of denial. The City
Council shall make the appropriate findings and either issue or deny the license application.
§ 116.04 STANDARDS FOR LICENSE ISSUANCE; SUSPENSION OR REVOCATION
OF LICENSE; TERM.
(A) Standards for issuance generally; term. Licenses and renewals thereof shall be issued
after a verification of the applicant's qualification and record in the performance and operation of
the types of work for which the applicant seeks a license. Licenses shall be issued for one
Page 2 of 4
calendar year from January 1 through December 31. New licenses will run frofn date "of issuance
through December 31.
(B) Standards for denial, suspension, or revocation. Licenses and renewals therefore may be
denied, suspended, or revoked by the City Council for any of the following reasons:
(1) Failure to complete the application or file the required license fee or insurance
policy;
(2) Violations of licensing ordinances by applicant, or suspension or revocation
licenses held by the applicant in the City or elsewhere;
(3) Disregard or violation of any state, county, or City law which creates a threat to the
public peace, health, safety and welfare; or
(4) Any conduct which is contrary to the public interest, including, but not limited to,
fraud, misrepresentation, or other dishonest or deceitful conduct or act.
(C) Procedures for suspension or revocation. If any licensee violates or is in default of
complying with any condition, requirement, duty or rule of conduct imposed on him/her by any
statue or ordinance, or if any one or more of the foregoing conditions exist, the City Clerk may
initiate proceedings before the City Council to suspend or revoke the licensee's license.
Procedures for suspension or revocation shall be as follows.
(1) The licensee shall be provided with notice of the reasons for any proposed
suspension or revocation. The notice shall provide the licensee with an opportunity to explain the
rationale for the proposed suspension or revocation.
(2) The licensee shall be notified in advance of the date, time, place and purpose of the
council meeting where the action on the license will be considered. The licensee shall have an
opportunity to be heard at the meeting. After making appropriate findings, the council may
continue the license in effect, impose conditions on the license or revoke the license.
§ 116.05 LICENSE FEE.
The annual fee for license shall be established by ordinance of the City Council from time to
time.
§ 116.06 EXEMPTIONS FROM PROVISIONS.
No license will be required under this chapter in the following circumstances.
(A) For public service corporations performing work upon or in connection with their own
property, except as may be provided by other provisions of this code.
(B) In the event where circumstances preclude obtaining a license prior to work being
performed, such as during or following severe weather, a license must be obtained from the City
within 72 hours.
§ 116.07 CHEMICAL TREATMENT REQUIREMENTS.
Page 3 of 4
Applicants who propose to use chemical substances in any activity related to treatment or
disease control of trees shall file with the City proof that the applicant or the employee of the
applicant administering such treatment has been licensed by the Minnesota Department of
Agriculture as a Commercial Pesticide Applicator for the current year of operation.
§ 116.08 EFFECT ON LIABILITY.
This chapter shall not be construed to affect the responsibility or liability for any party
owning, operating, or installing the work described in this chapter for damages to persons or
property caused by any defect therein, nor shall the City be held as assuming any such liability
by reason of the licensing of persons engaged in such work.
§ 116.09 PENALTY. In addition to the revocation or suspension of the license, any person
violating any of the provisions of this Section shall be guilty of a misdemeanor.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-081 was adopted on this second day of July
2013, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-083 was published on the day of , 2013.
Page 4 of 4
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-084
AN ORDINANCE AMENDING MUNICIPAL FEES
The Lake Elmo City Council hereby adopts the following fee schedule amendment and
directs that it be added to the Lake Elmo Municipal Code as Appendix A.
• Removal of $70 Tree Contract License Fee from fee schedule
ADOPTION DATE: Passed by the Lake Elmo City Council on the second day of July, 2013 by
a vote of _ Ayes and 0 Nays.
CITY OF LAKE ELMO
�x7
//�
By./
Mike Pearson
Mayor
ATTEST:
W4 �A%oe'
City Clerk
EFFECTIVE DATE: This ordinance shall become effective immediately upon adoption and
publication.
PUBLICATION DATE: Published on the I 0'*h day of Juu t( 2013
ORDINANCE 08-084
Affidavit ®f Publication
State of Minnesota
nunesota
SS
County of Washington
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as_0AKT)AT F/T AKF FT and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-084
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY , the 10TH day of
JUL Y , 20 13 , and was thereafter printed and published on every
to and
including the day of 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'a b cd efg h ij k l m n o p q rstu vwxyz
Subscribed and sworn to before me on
t is 10
TH day of JULY 013
A
BY: w►'L4
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
J
Noia!vPublic-Minnesota. RATE INFORMATION
My Corn fission Exr"res Jan 11 2015
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01 /13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-084
AN ORDINANCE AMENDING
MUNICIPAL FEES
The Lake Elmo City Council hereby
adopts the 'following fee schedule
amendment and directs that it be
added to the Lake Elmo Municipal
Code as part of Appendix A.
• Removal of $70 Tree Contract
License Fee from fee schedule
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 2nd
day of July, 2013.
EFFECTIVE DATE: This ordinance
shall become effective immediately
upon adoption and publication.
Ayes:5
Nays 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: July
10, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-085
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW ADMINISTRATIVE AND ENFORCEMENT PROVISIONS IN THE LAKE
ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.015
through 154.021 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 3 ZONING ADMINISTRATION AND ENFORCEMENT
5154.100
Director of Planning
§154.101
Applications Review Process
5154.102
Public Hearing Requirements
S154.103
Permits, Certificates and Licenses
5154.104
Planning Commission
5154.105
Zoning Amendments
5154.106
Conditional Use Permits
§154.107
Interim Use Permits
5154.108
Appeals and the Board of Adjustment
5154.109
Variances
5154.110
Violations and Enforcement
§ 154.100 Director of Planning
The City Council shall appoint a Director of Planning. The Director of Planning, or his/her designated
agent, shall enforce this chapter and shall perform the following duties:
A. Permits. Issue zoning permits pertaining to the zoning ordinance and make and maintain
records thereof;
B. Inspections. Conduct inspections of buildings and use of land to determine compliance with
the terms of this chapter;
C. Records. Coordinate with the City Clerk to maintain permanent and current records of this
chapter, including but not limited to: all maps, amendments and conditional uses, variances,
appeals and applications therefore;
D. Applications. Receive, file and forward all applications for appeals, variances, conditional uses
or other matters to the designated official bodies;
E. Interpretation. Interpret the provisions of this chapter and related provisions of the City Code,
including determinations of Zoning Use Types and Classifications as specified in 5154.012.
F. Enforcement. Institute in the name of the City any appropriate actions or proceedings to
enforce this chapter;
G. Work Program. Recommend a program of work pursuant to Section 532.032 of the City Code to
the Planning Commission prior to the beginning of each calendar year and at such other times
as the Planning Commission may request.
H. Reporting. Submit a yearly report to the Planning Commission in January of each year
summarizing the activities of the Planning Department during the previous year, including
information related to housing, public infrastructure, City facilities, industrial and commercial
development, enforcement actions, and other such information as the Director of Planning
deems relevant. This report should also include any recommended changes to the
Comprehensive Plan or various land use ordinances.
I. Planning Commission. Serve as an ex-officio, non -voting member of the Planning Commission.
S 154.101 Applications and Review Process.
A. Application Form and Fee. The following general provisions apply to all applications required
under this chapter.
1. Application Form. All applications for any site plan, conditional use permit, zoning
verification, variance, or for any other City approval required by this chapter, or to amend
this chapter, shall be made in writing on a form provided by the city, to the Director of
Planning.
a. Information Required. Every application shall contain the legal description of the
property and a statement of the specific permit or action being sought. In addition,
every application shall include the submission requirements listed in 5154.101.B.1.
Nothing in this section shall be deemed to prevent the city from requesting additional
information from the applicant upon which to base a decision.
2. Fee. The application shall be accompanied by the required fee as established by resolution
of the City Council. If a dispute arises over a specific fee imposed by the city, the amount
of the fee must be deposited and held in escrow, and the person aggrieved by the fee may
appeal to district court, as provided by M. S. 462.361 (judicial review), as it may be
amended from time to time. The application shall proceed as if the fee had been paid,
pending a decision of the court.
Application Requirements.
1. Submission Materials. Submission materials for applications required under this chapter
shall include the following specific information:
a. Site plan drawn to scale showing parcel and building dimensions.
b. Location of all buildings and their size, including square footage.
c. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and
sidewalks.
d. Landscape plans meeting the requirements of Section 155.89 of Article 6 of this Zoning
Ordinance.
e. If grading or storm water management is proposed, grading and storm water, erosion,
and sediment control plans meeting the requirements of 5150.270 through 5150.284,
5151.017, and 5151.027 of the City Code.
f. Type or types of business or activity and proposed number of employees.
g. Proposed floor plan of any building with use indicated.
h. Building elevation drawings of any new construction or building renovation proposed.
i. Sanitary sewer and water plans with estimated flow rates.
j. Soil type and soil limitations for the intended use. If severe soil limitations for the
intended use are noted, a plan or statement indicating the soil conservation practice or
practices to be used to overcome the limitation shall be made part of the application;
and
k. For applications that require a public hearing, a certified list of property owners
Located within 350 feet of the subject property obtained from and certified by a
licensed abstractor.
1. The Director of Planning may require that the applicant supply proof of ownership of
the property for which a permit is requested.
m. The Director of Planning may require traffic generation information to determine the
adequacy of existing transportation infrastructure.
n. Such other information as may be required by the Director of Planning, Planning
Commission or City Council.
2. Waiver of Submission Materials. The Director of Planning may waive certain submission
requirements for projects that will have a minimal impact on surrounding properties or in
instances when said submission requirements are impractical given the nature of the
proposed development.
C. Amended Applications. An amendment to any permit issued under this Chapter shall be
processed in the same manner as a new application.
D. State Established Time Limit for Final Action. The City shall comply with the time limits as
established by Minnesota Statute 15.99 (time deadline for agency action), as it may be
amended from time to time, with regards to taking action on any applications subject to said
Statute.
S 154.102 Public Hearing Requirements
This section contains requirements for public hearings held by the Planning Commission, Board of
Adjustment or City Council under this Ordinance.
A. Notification of General Public. The Director of Planning shall set the date for a public hearing
and shall have notices of such hearing published in the legal newspaper at least once, and not
Less than ten days prior to the hearing.
B. Notification of Surrounding Property Owners. For any application for which a public hearing is
required, the Director of Planning shall notify all property owners within the affected zone and
within three hundred and fifty feet (350') of the outer boundaries of the property in question.
1. Failure of any property owner to receive such notification shall not invalidate the
proceedings.
2. The City Council may waive the mailed notice requirements for a city-wide amendment to
the zoning ordinance initiated by the Planning Commission or City Council.
C. Hearing Procedures
1. Public Hearings conducted by the Planning Commission, City Council, and Board of
Adjustment.
a. The Director of Planning or his/her representative shall summarize the application and
any associated information.
b. The applicant shalt be allowed to summarize the request and call any witnesses to
support his/her request.
c. The public shall be allowed to make statements concerning the request subject to
reasonable limits that may be set by the body conducting the hearing.
d. The Planning Commission, City Council and Board of Adjustment may establish other
procedures as needed to ensure due process for those parties involved with the
hearing.
2. Appeal Hearings. The Board of Adjustment shall hold a hearing and make a decision on any
appeal submitted in accordance with 5x1 of this Article. The Board of Adjustment
shall establish rules for due process during appeal hearings and any party to the appeal
may appear at the hearing in person or by agent or attorney. At a minimum, the following
hearing procedure will be followed:
a. Appellant shall present a case and may call any witnesses necessary in support thereof;
b. Respondent may ask questions of appellant's witnesses;
c. Respondent may call witnesses;
d. Appellant may ask questions of respondent's witnesses;
e. Respondent may summarize his or her position;
f. Appellant may summarize his or her position;
g. Generally, the Minnesota District Court Rules of Civil Procedure shall apply for the
conduct of the hearing.
5 154.103 Permits, Certificates and Licenses
A. Building Permits
1. Compliance. A building permit is required for the construction or structural alteration of a
building or any part thereof. Other construction activity may require a permit in
accordance with the Minnesota State Building Code. Demolition, wrecking or removal of
any structure shall require a demolition or moving permit. No building permit shall be
issued for any construction, enlargement, alteration or repair, demolition or moving of any
building or structure on any lot or parcel until all requirements of the Minnesota State
Building Code as adopted by the City of Lake Elmo pursuant to Chapter 151, Title XV of the
City Code have been fully met.
2. Concurrent Applications. If the proposed development requires a zoning amendment,
variance or conditional use permit, or other permit required under this Article, the
applicant shall secure all required permits prior to the issuance of a building permit for
said development.
3. Administrative Review of Permits for Existing Platted Lots. If the proposed development
does not involve a zoning amendment, variance or conditional use permit, and proposes a
use, structure or expansion of an existing structure on an existing platted lot, the Director
of Planning may review the application and authorize the Building Official to approve or to
deny the permit.
4. Expiration. Any building permit issued by the city shall expire and by limitation be null and
void if a certificate of occupancy and final completion has not been issued within the
following applicable period of time after the date of permit issuance:
a. Single-family residential dwellings, including new construction, remodeling or
additions: 12 months;
b. Multi -family and nonresidential construction: 12 months unless a longer time is
specified by the City Council at the time the original permit is issued;
c. Extension. The Building Official may grant an extension prior to the expiration of any
building permits in accordance with the Minnesota State Building Code. An expired
building permit may be reissued once, by the Building Official, for one-half the original
permit fee. Thereafter, if the permitted work is not completed within the applicable
time period, a new permit may be issued only upon such conditions as the City Council
by resolution may prescribe, including financial guarantees to guarantee completion by
a specified date.
d. Time Limitations for Exterior Work. All exterior work shall be completed as follows:
i. All disturbed and exposed ground shall be covered with landscaping in accordance
with 5150.070 through §150.078 of the City Code.
ii. All exterior construction, including siding, roofing, doors, windows and finish shall
be completed and present a finished appearance within six (6) months of the start
4
of construction. Tar paper, unfinished plywood, fiberboard insulation, foam
insulation, brown coat or scratch coat of stucco, plastic sheeting and other similar
materials not designed to be an exterior finish shall not be considered an
acceptable exterior finish. Extensions for weather sensitive work may be granted
by the Building Official.
iii. Failure to complete exterior work as required herein shall result in suspension of
the existing permit until a reinstatement fee equal to 100% of the original building
permit has been made. Reinstatement of a building permit does not extend the
original term of the permit. The reinstatement fee shall also be paid prior to re -
issuance of any subsequent permit for exterior work that was not completed under
a prior permit that expired.
Certificate of Zoning Compliance. A certificate of zoning compliance is a zoning permit that is
intended as a means of administratively reviewing a new use, change in use, or structural
change that does not require a building permit.
1. When Required. A certificate of zoning compliance is required for the following activities:
a. A new use classification within an existing building or structure;
b. A change of use classification within an existing building or structure;
c. Addition, removal or change in parking or other on -site improvements;
d. Small accessory structures that do not require a building permit;
e. Home occupations;
f. Swimming pools;
g. Antennas, including amateur radio antennas and wireless communications facilities that
meet the criteria for administrative review in §150.111(C);
h. Fences six feet and less in height;
Driveways that are not authorized as part of an approved building permit;
j. Storm water management activities and structures not otherwise permitted as part of a
development application;
k. Other situations requiring additional review or interpretation, as specified elsewhere in
this Ordinance.
2. Expiration of a Certificate of Zoning Compliance. Where a certificate of zoning
compliance use has been established and is discontinued for any reason for a period of one
(1) year or longer, the certificate of zoning compliance shall become null and void.
C. Certificate of Occupancy. No vacant land shall be occupied or used and no buildings hereafter
erected, altered or moved shall be occupied until a certificate of occupancy has been issued by
the Building Official. Such certificate shall show that the building or premises or part thereof
and the use thereof are in conformity with the Minnesota State Building Code and the
provisions of this chapter. Such certificate shall be issued only when the building or premises
and the use thereof conform to all the requirements of the City Code.
D. Sign Permit. A sign permit shall be authorized for a sign that conforms to the sign regulations
in §154.212. An application, on a form provided by the Director of Planning, shall be
submitted with the required fee by the owner of the proposed sign. The Director of Planning
shall issue a sign permit if all of the regulations in §154.212 are met.
E. Special Event Permit. A special event permit may be issued for certain events for activities or
events not otherwise permitted under the Zoning Ordinance in accordance with §110.070 of the
City Code.
Grading Permit. A permit shall be required for all non-agricultural project(s) or activities that
will result in the movement of more than fifty (50) cubic yards of earth or the disturbance of
more than one-half acre of land, and for construction of a building or structure on steep
5
slopes, as specified in Article 6, Section 155.84. The Director of Planning may issue a grading
permit only if the grading plan meets the requirements of the Lake Elmo Storm Water
Management and Erosion and Sediment Control Ordinance.
1. Public Hearing. All grading and excavating applications, for the purpose of creating
wetlands, berming, landscape amenities, and other natural features that result in the
moving of more than 400 cubic yards of material per acre of site area shall require a public
hearing.
S 154.104 Planning Commission
The Planning Commission shall provide assistance to the City Council in the administration of this
chapter. The recommendations of the Planning Commission shall be advisory in nature. Specifically,
the Planning Commission shall review, hold public hearings and make recommendations to the City
Council on all applications for zoning amendments, variances, and conditional use permits using the
criteria of this Article. The Planning Commission shall be formed and operate in conformance with
Chapter 32 of the City Code and specifically with :sections 32.025 through 30.042.
S 154.105 Zoning Amendments
A. Criteria for Granting Zoning Amendments. The City Council may adopt amendments to the
zoning ordinance and zoning map in relation to land uses within a particular district or to the
location of a district line. Such amendments shall be used as a means to reflect changes in the
goals and policies of the city as reflected in the Comprehensive Plan.
B. Types of Amendments.
1. Rezoning. A change in the boundary of a zoning district or a change from one district to
another on the Official Zoning Map, referred to as a rezoning.
2. Text Amendment. A change in the text for specific zoning district regulations or any other
provision of this Chapter.
C. Initiation of Proceedings. Proceedings for a text amendment or a rezoning may be initiated by
one of the following three methods:
1. By petition of an owner or owners of property that is proposed to be rezoned or for which a
text amendment for a change in a district regulation is proposed;
2. By recommendation of the Planning Commission;
3. By action of the City Council.
D. Application Requirements for Zoning Amendments Initiated by Petition. A petition for a
Zoning Amendment shall be submitted to the Director of Planning on such form as required by
. v' of this Article and accompanied by the following information:
1. Conceptual site plan drawn to scale showing all affected parcels and a general concept for
any proposed development of said parcels.
2. General location of all buildings and their approximate dimensions and square footage.
3. Approximate location of all curb cuts, driveways, access roads, parking areas, off-street
loading areas, and sidewalks.
4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and lawns.
5. Conceptual grading, erosion control, and storm water management plan.
6. Conceptual sewer and water utility plan for the development.
7. Narrative indicating the types of uses or businesses that are contemplated for the
development, number of employees, parking and traffic impacts, and other pertinent
information about the proposed development.
8. The Director of Planning may require the applicant to supply proof of ownership of the
property for which the amendment is requested that illustrates legal or equitable interest
in the property.
Hearing Requirements. The Planning Commission shall hold a public hearing on each complete
application for a Zoning Amendment as provided in 154- 102 of this Article. After the close of
such hearing, the Planning Commission shall consider findings and shall submit the same
together with its recommendation to the City Council.
F. Effect of Denial of Application. No application of a property owner for an amendment to the
text of this chapter or the zoning map shall be considered by the Planning Commission within
the one year period following a denial of such request, except the Planning Commission may
permit a new application, if in the opinion of the Planning Commission, new evidence or a
change of circumstances warrant it.
G. Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current City of
Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with the current
Comprehensive Plan, an amendment to the Comprehensive Plan must be requested and
approved prior to or concurrent with the rezoning request.
H. Coordination with Adjoining Communities. Any zoning district change on land adjacent to or
across a public right-of-way from an adjoining community shall be referred to the Planning
Commission and the adjacent community or county for review and comment prior to action by
the City Council granting or denying the zoning district classification change. A period of at
least ten (10) days shall be provided for receipt of comments. Such comments shall be
considered as advisory only.
S 154.106 Conditional Use Permits
A. Required Findings. Conditional use means a land use or development as defined by ordinance
that would not be appropriate generally but may be allowed with appropriate restrictions as
provided by official controls only upon a finding that all of the following provisions are met:
1. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood.
4. The proposed use meets all specific development standards for such use listed in Article 7
of this Chapter.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed
v.iin t:n a-Dte a 5u<0. k 50.250 through
J' 3ic€alr Ke,Iatioil t_hF1t - It 613mend„
6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter
to existing or future neighboring uses.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
7
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
B. Application Requirements. Conditional Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by
5154.101.A of this Article and with the submission materials listed in 5154.101.13 of this Article.
C. Public Hearing Required. The Planning Commission shall hold a public hearing on each
complete application for a conditional use permit as provided in §154.102 of this Article. After
the close of the hearing on a proposed conditional use permit, the City Planning Commission
shall consider findings and shall submit the same together with its recommendation to the City
Council.
D. Final Decision by City Council. The City Council shall make the final decision on a conditional
use permit after a public hearing by the Planning Commission. The City Council may approve,
approve with conditions or deny the application.
E. Conditions. In reviewing applications for conditional use permits, the Planning Commission and
Council may attach whatever reasonable conditions they deem necessary to mitigate
anticipated adverse impacts associated with these uses, to protect the value of property within
the district and to achieve the goals and objectives of the Comprehensive Plan. In determining
such conditions, special consideration shall be given to protecting immediately adjacent
properties from objectionable views, noise, traffic and other negative characteristics
associated with such uses.
1. The conditions shall include all specific development standards for such use listed in Article
7 of this Chapter.
2. If the proposed use is in a flood plain management or shoreland area, the conditions shall
include specific standards for such use listed in Chapter 151 (Floodplain Management) and
Chapter 152 (Shoreland Management).
3. In addition, conditions may include, but are not limited to, the following:
a. Controlling the number, area, bulk, height and location of such uses;
b. Regulating ingress and egress to the property and the proposed structures thereon with
particular references to vehicle and pedestrian safety and convenience, traffic flow
and control and access in case of fire or other catastrophe;
c. Regulating off-street parking and loading areas where required;
d. Controlling the location, availability and compatibility of utilities;
e. Requiring berming, fencing, screening, landscaping or other means to protect nearby
property; and
f. Requiring other conditions to create compatibility of appearance with surrounding
uses.
F. Findings for Denial. if the Planning Commission recommends denial of a conditional use permit
or the Council orders such denial, it shall include in its recommendation or determination
findings as to the specific ways in which the proposed use does not comply with one or more
specific findings required by this chapter.
G. Permittee. A conditional use permit shall be issued for a particular use and not for a particular
person, except in the case of a permit granted for the uses of land reclamation, mining or soil
or mineral processing. In such cases, a permit shall be issued to the particular person making
application for such permit and such permit shall not be transferred or assigned for use by
another without the written consent of the city. However, such consent by the city shall not be
unreasonably withheld.
H. Periodic Review. A periodic review of the use may be attached as a condition of approval of a
conditional use permit.
I. Term of Permit. Unless otherwise stipulated, the term shall be the life of the use.
IV
J. Revocation. Failure to comply with any condition set forth in a conditional use permit, or any
other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted in accordance with §11_i5_,.10 of this Article.
K. Expiration. If substantial construction has not taken place within 12 months of the date on
which the conditional use permit was granted, the permit is void except that, on application,
the Council, after receiving recommendation from the Planning Commission, may extend the
permit for such additional period as it deems appropriate. If the conditional use is
discontinued for six months, the conditional use permit shall become void. This provision shall
apply to conditional use permits issued prior to the effective date of this chapter, but the
six-month period shall not be deemed to commence until the effective date of this chapter.
5154.107 Interim Use Permits
A. Purpose and Intent. The purpose and intent of allowing interim uses are:
1. To allow a use for a limited period of time that reasonably utilizes the property where such
use is not consistent with the future land map in the Comprehensive Plan; and
2. To allow a use that is presently acceptable, but that with anticipated development or
redevelopment or other significant change, will not be acceptable in the future or will be
replaced by a permitted or conditional use allowed within the respective district.
B. Required Findings. An interim use permit may be granted only if the City Council finds as
follows:
1. The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust,
or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3. The use will not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a
Letter of credit or other security acceptable to the city to cover the cost of removing the
interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at the time
of approval.
C. Application Requirements. Interim Use Permit applications shall be submitted to the Director
of Planning on such form and accompanied by such information as required by §' -;-, I L—i .A of
this Article and with the submission materials listed in §1 5 .1° . of this Article.
1. Additional Application Requirements: An application for an Interim Use Permit shall
include the following additional information:
a. A letter from the applicant explaining the proposal and stating the date or event that
will terminate the use;
b. A signed consent agreement, subject to review and approval by the City Council
documenting:
i. That the applicant, owner, operator, tenant and/or user has no entitlement to
future approval or reapproval of the interim use permit;
ii. That the interim use will not impose additional costs on the public if it is necessary
for the public to fully or partially take the property in the future; and
647
iii. That the applicant, owner, operator, tenant and/or user will abide by conditions of
approval that the City Council attaches to the interim use permit.
D. Public Hearing Required. The Planning Commission shall hold a public hearing on each
complete application for a Interim Use Permit as provided in §1�5-4.1,02 of this Article. After the
close of the hearing on a proposed Interim Use Permit, the City Planning Commission shall
consider findings and shall submit the same together with its recommendation to the City
Council.
Final Decision by City Council. The City Council shall make the final decision on a Interim Use
Permit after a public hearing by the Planning Commission. The City Council may approve,
approve with conditions or deny the application.
F. Termination. An interim use shall terminate on the happening of any of the following events,
whichever occurs first:
1. The date or event stated in the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon a change in the City's zoning regulations which renders the use nonconforming; or
4. The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
G. Revocation. Failure to comply with any condition set forth in a Interim Use Permit, or any
other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted in accordance with S155.102 of this Article.
H. Renewal. The following process may be used to renew an active interim use permit that is set
to expire. Terminated or suspended interim use permits cannot be renewed unless the Director
of Planning has received an application for and approved a 1-time 30-day extension to continue
processing the renewal application.
1. Application. Application requirements for renewal of an existing Interim Use Permit shall
be the same as for a new application.
2. Review. Upon receiving a completed application for an interim use permit renewal, the
Director of Planning shall send notice of the requested renewal to all property owners
within 350 feet of the parcel(s) containing the interim use. If any objections are raised
within 10 days of the mailed notice, the application shall be processed in the manner of a
new application. If no objections are raised, the Director of Planning shall prepare a
resolution of approval outlining the conditions and stipulations of the renewal for
consideration by the City Council. The City Council, at its discretion, may approve or deny
the request with findings. Denial of a renewal request does not constitute termination of
the existing interim use permit.
5 154.108 Appeals and the Board of Adjustment
The Board of Adjustment is hereby established pursuant to this chapter and Minnesota law. The Board
of Adjustment (which is the City Council in accordance with 531.10 of the City Code) shall have those
powers and authority as provided by Minnesota law and as hereinafter provided for. The Board of
Adjustment shall be formed and operate in conformance with Chapter 31 of this Code and specifically
with E_, .xm.
A. Powers of the Board of Adjustment.
Review of Administrative Decisions. The Board of Adjustment shall act upon all questions
as they may arise in the administration of this chapter, including the interpretation of
zoning maps, and it shall hear and decide appeals from and review any order, requirement,
decision or determination made by such an administrative official charged with enforcing
this chapter. Such appeal may be made by any person, firm or corporation aggrieved by an
officer, department, board or bureau of the city.
10
2. Variances. The Board of Adjustment shall also have the power to grant variances to the
provisions of this chapter under certain conditions. The conditions for the issuance of a
variance are as indicated in 5154.109 of this Article. No use variances (uses different than
those allowed in the district) shall be issued by the Board of Adjustment.
B. Procedures for Appeals.
1. Filing of Appeals. All appeals to the Board of Adjustment shall be in writing and filed with
the office of the City Clerk within 14 calendar days of the date of mailing of the notice of
the order, requirement, decision or determination from which the appeal is made.
2. Hearings. The Board of Adjustment shall conduct a hearing regarding all appeals in
accordance with _. a.2 of this Article.
3. Notice. Written notice of the hearing shall be provided to the parties to the hearing and
mailed not less than 14 days prior to the hearing.
4. Orders. The Board shall, within a reasonable time, make its order deciding the matter and
shall serve a copy of such order upon the appellant or petitioner by mail. The Board of
Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination as in its opinion ought to be made. The reasons for the decision
of the Board of Adjustment shall be stated in the order. A majority vote of the Board of
Adjustment shall be necessary to reverse any decisions of an administrative office of the
city or to decide in favor of the applicant.
5154.109 Variances
A. In General. The Board of Adjustment shall have the power to grant variances to the provisions
of this chapter under the following procedures and standards.
A request for a variance from the literal provisions of this chapter may be granted in
instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter. All requests for variances shall be reviewed in accordance with the required
findings listed in 5,154, ' C0 .1.
Use Variances Prohibited. A variance shall not be granted for any use that is not a listed
permitted or conditional use under this chapter for property in the zone where the property is
located.
C. Application Requirements. Variance applications shall be submitted to the Director of Planning
on such form and accompanied by such information as required by _ . v ; ..£ of this Article
and with the submission materials listed in of this Article.
D. Hearing Requirements. The Planning Commission shall hold a public hearing on each complete
application for a variance as provided in ^" ia' of this Article. After the close of the hearing
on a proposed variance, the City Planning Commission shall consider findings and shall submit
the same together with its recommendation to the Board of Adjustment.
E. Board of Adjustment Action. The Board of Adjustment shall receive the recommendation of
the Planning Commission and shall take final action on the variance request. All findings and
decisions of the Board of Adjustments concerning variances shall be final.
F. Required Findings. Any action taken by the Board of Adjustment to approve or deny a variance
request shall include the following findings:
Practical Difficulties. A variance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the
strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter.
11
a. Definition of Practical Difficulties. "Practical difficulties," as used in connection with
the granting of a variance, means that the property owner proposes to use the property
in a reasonable manner not permitted by an official control.
2. Unique Circumstances. The problem for the landowner/applicant which the proposed
variance is intended to correct must be due to circumstances that are unique to the
property in question and that were not created by the land owner/applicant.
3. Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
a. Definition of Locality. For purposes of this subsection, "locality" shall be defined as
all that property within 350 feet of the property proposed for the variance; however, in
all events, it shall include all parcels abutting the affected parcel, including those
immediately across a public street, alley of other public property.
4. Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply
of light and air to property adjacent to the property in question or substantially increase
the congestion of the public streets or substantially diminish or impair property values
within the neighborhood.
G. Conditions. The Planning Commission may recommend and the Board of Adjustment may
impose such restrictions and conditions upon the property that is the subject of the variance as
may be necessary to comply with the standards established by this chapter or to reduce or
minimize the effect of such variance upon other properties in the neighborhood and to better
carry out the intent of the variance.
H. Effect of Denial. No application by a property owner for a variance shall be submitted to the
Board of Adjustment within a six (6) month period following a denial of such a request unless,
in the opinion of the Board, new evidence of change in circumstances warrant it.
I. Expiration. A variance shall be deemed to authorize only one particular use and shall expire if
work does not commence within twelve (12) months of the date of granting such variance or if
that use ceases for more than six (6) consecutive months.
Revocation. The Board of Adjustment may revoke a variance if any conditions established by
the Board as part of granting the variance request are violated.
§ 154.110 Violations and Enforcement
A. Enforcing Officer. It shall be the duty of the Planning Director to cause the provisions of this
chapter to be properly enforced.
B. Violations
1. Violations. Any person who shall violate or refuse to comply with any of the provisions of
this Chapter shall be subject to the enforcement and penalty provisions of 510.99 of the
City Code.
C. Investigation and Administrative Enforcement.
1. Investigation of Violation. The Director of Planning shall investigate alleged violations of
this Chapter. Investigation of a violation may require accessing the property where the
violation is alleged to have occurred. The Director of Planning shall notify the landowner
of the need for investigation and make a reasonable attempt to gain permission from the
landowner for access to the property and structures for investigative purposes. If the
landowner is unresponsive or access to the property is specifically denied by the
landowner, the Director of Planning shall obtain a judicial order prior to entering upon the
property. Entering a structure for investigative purposes shall occur only upon permission
of the landowner or issuance of a judicial order.
2. Administrative Enforcement
a. Notice of Violation. Whenever in the judgment of the Director of Planning a
determination is made upon investigation that a particular permit holder has not
12
complied with this Chapter, the Director of Planning shall issue written notice of
violation to the owner of record and require him or her to complete the work.
Cease and Desist Order. Upon investigation, if the Director of Planning has probable
cause to believe a violation of this Chapter has occurred and that immediate stoppage
of work is necessary to minimize harm caused by such violation, the Director of
Planning may issue a cease and desist order to halt the progress of any property
modification. When any work has been stopped by a cease and desist order, it shall
not be resumed until the reason for the work stoppage has been completely satisfied
and the cease and desist order lifted.
Administrative Fee for Enforcement. The Director of Planning shall charge an administrative
fee, as set by resolution of the City Council, to compensate for time spent involving the
investigation and prosecution of violations, and including any expenses incurred during the
investigation.
E. After the Fact Applications and Fees. Any person making application for a permit after the
commencement of work requiring a permit, shall be charged an additional administrative fee.
In the event the application for a permit is denied or the action permitted does not include all
or part of the work commenced prior to approval of said permit, the Director of Planning shall
require correction and/or restoration of the concerned property to its original state, including
removal of structures or improvements.
SECTION 3. Effective Date. This ordinance shall become effective immediately
upon adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-085 was adopted on this 2"d day of
July 2013, by a vote of L Ayes and '� Nays.
LAKE ELMO CITY COUNCIL
Z� ---
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-085 was published on the 10*�' day of JoLy , 2013.
13
Affidavit ®f Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as OAKT)AT F/T AKF FT Mn RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-085
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 10TH day of
JULY , 20 13 , and was thereafter printed and published on every
including
the day of
to and
20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFG HIJKLM NOPQRSTUVWXYZ
*abcdefgh ijkl mnopq rstuvwxyz
Subscribed and sworn to before me on
TH
j10 day of JULY 0 13
BY: W *
TITLE LEGAL COORDINATOR
otary Public
*Alphabet should be in the same size and kind of type as the notice.
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(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter .................................
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-085
AN ORDINANCE AMENDING THE
LAKE.ELMO CITY CODE OF
ORDINANCESBY ADOPTING
NEW 'ADMINISTRATIVE AND
ENFORCEMENTPROVISIONS IN
THE LAKE'ELMO:ZONING CODE.
Section 1. Ordinance 08-005 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-085, which replaces the
administrative ,provisions of the
City's Zoning 'Code. The revised
ordinance includes the following
components:
• Identifies the City Staff that are
responsible for 'issuing permits,
enforcing the code, keeping records,
processing applications and
performing other administrative
duties.
• Outlines ,the application and
review process with a unified list of
application submittal requirements.
—Establishes unified standards and
procedures for the public hearing
process.
• Identifies and describes all of the
permits that are required by the
Zoning Code. Staff is recommending
a new permit category called
"Certificate of Zoning Compliance" to
regulate uses that are not subject to
requirements of the State Building
'Code, such as fences, driveways,
small accessory structures, home
occupations, among others.
• Outlines all of the enforcement
procedures as part of administering
the Code.
Finally, the Ordinance includes a
placeholder for 'design review for
when the City formally adopts some
form of architectural design
guidelines or standards.
The full text of Ordinance No. 08-
085 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2 Effective Date• This
ordinance shall become effective
immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo. City Council on the 2nd
day of July, 2013.
Ayes: 4
Nays: 1
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bali,' City Clerk
(Oakdale -Lake Elmo Review: July
10, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-086
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW FENCING REGULATIONS IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.120
through 154.128 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5 - General Regulations
5154.205 Fencing Regulations
§154.205 Fencing Regulations
A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the
city of Lake Elmo and to prevent fences from being erected that would be a hazard to
the public, an unreasonable interference with the uses and enjoyment of neighboring
property or are incompatible with existing uses and other zoning restrictions.
B. Definitions. The following words, terms and phrases, when used in this Section, shall
have the meaning ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Permanent Fence. Fences that are installed in a fixed or enduring manner that are not
intended for a seasonal or temporary purpose.
Temporary Fence. Fences that are installed and removed on a seasonal basis, such as
snow fences, garden fences and seasonal recreational fences, such as hockey boards.
C. Permit Required
1. Permanent Fence. No permanent fence shall be erected without first obtaining a
fence permit. Application shall be made to the Planning Director. The fee shall be
established by the City's Fee Schedule. The Planning Director is authorized to issue
a fence permit if the application indicates that the fence will be in compliance
with this Ordinance. The Board of Adjustment and Appeals shall hear and decide
appeals when it is alleged that the Planning Director was in error. The appeals
shall follow the procedure outlined in 531.01.
2. Temporary Fence. Temporary fencing that complies with subsection (F) and all
other applicable provisions of this Ordinance shall be exempt from permit
requirements.
D. General Requirements. All fences erected in the city of Lake Elmo are subject to the
following requirements:
1. Maintenance. All fences shall be properly maintained with respect to appearance
and safety. Fences that remain in a state of disrepair for an extended period of
time shall constitute a nuisance per 596.03.
2. Face of Fence. The finished side of any fence or wall must face abutting property
or street rights of way.
3. Fence Materials. Permitted fence materials shall be limited to brick, stone, wood,
wrought iron, vinyl, composite material, steel, aluminum, chain -link and, in cases
of temporary fencing only, materials that are consistent with temporary fencing as
regulated under subsection (F)
4. Traffic Obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's
safe view from the driveway or street.
5. Location.
a. Fences may be installed on any portion of a lot subject to the height
restrictions of 5154.205.E and may be installed along property lines provided
the adjacent property agrees, in writing, that such fence may be erected on
the boundary line of the respective properties. Any portion of the fence and
all footing material shall not encroach on the neighboring property.
b. All pertinent property pins shall be visible upon inspection for fences installed
within one foot of a property boundary.
c. In the case of a dispute, the City may require a survey to establish the
boundary line of a property.
6. Easement Encroachment. An easement encroachment agreement must be
approved by the City Council, along with a fence permit, for any fence that will be
installed within a City easement.
7. Swimming Pools. All swimming pools shall be enclosed with required fencing per
5151.085.
Fence Height and Design
1. Fences within Front and Side (Corner) Yards. Any fence within a front or side
(corner) yard setback may not exceed forty-two (42) inches in height and must be
50% open to air and light.
2. Residential and Mixed -Use Districts. No fence shall exceed six feet (6') in height,
and shall be subject to the design requirements of 5154.205.E.3.
3. Residential Fence Design Requirements. Solid wall fences over four (4) feet in
height shall be prohibited on any lot under'/z acre (21,780 square feet) in size.
Any portion of a fence over four (4) feet on such lots shall be at least 75% open to
Light and air, except under one of the following circumstances:
a. When a residential property abuts a district or use of a higher classification,
and specifically, when an A, RR, RS, RE, or LDR district abuts any other district
or a single family residential use abuts a multi -family residential use or a non-
residential use.
b. When a property is a through lot and abuts a street that is a higher functional
classification than the street abutting the front yard of the property.
c. For screening of outdoor living space subject to the following criteria:
i. The area enclosed by outdoor extended living area fencing shall not exceed
an enclosed area of 500 square feet.
ii. A fence utilized to enclose an outdoor extended living area shall be
extended to a point not more than 6 inches from the principal structure at
1 fence termination point.
iii. A fence utilized to enclose an outdoor extended living area shall not extend
into side yard of a lot beyond the existing building line of the existing
principal structure, nor shall such fences be located in any side or front
street yard.
d. For screening or privacy purposes when the lineal measurement of the fence
does not exceed one-fourth ('/a) of the linear distance of the perimeter of a lot.
Such fences may only be installed with the written consent of the adjacent
property owner.
e. Under other circumstances when a solid fence is warranted due to safety,
health, animal containment, or similar purposes, subject to review and
approval by the City Council and with the written consent of the adjacent
property owner.
4. Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8' )
in height. Fences that exceed eight feet (8') in height require a conditional use
permit.
Temporary Fences
1. Height and Performance. Temporary fences shall comply with the fence height
standards of subsection (E). Temporary fences shall be at least 40% open to air
and light. If unable to be at least 40% open to air and light, temporary fences shall
not exceed forty-two inches (42") in height.
2. Duration and Limitation
a. No snow fence or posts shall be installed prior to October 1, and must be
removed prior to April 15.
b. Seasonal recreational fencing intended for winter sports, such as hockey or
broomball shall not be installed prior to October 1, and must be removed prior
to April 15.
3. Location. Snow fences shall be set back at least 50 feet from any south or east
property line, or such additional distance as may be required to prevent the
accumulation of snow on public streets or adjoining property, as determined by
the Public Works Director.
G. Prohibited Fencing. Barbed wire and electric fencing are prohibited in platted areas.
H. Agricultural Exemption. Fences constructed on parcels in excess of 5 acres for the
keeping of horses; and fences constructed on parcels in excess of 10 acres are
specifically exempted from the provisions of this Section. Any such agricultural fencing
shall be at least 75% open to air and light.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Da e. This Ordinance 08-086B was adopted on this 161h day of
July 2013, by a vote of -4Ayes and —() Nays.
LAKE ELMO CITY COUNCI
Mike Pearson, Mayor
ATTEST:
dam Bell, City Clerk
This Ordinance 08-086B was published on the2W"day of JUL-Y ,
2013.
Cl
Affidavit ®f Publication
State of Minnesota
County of Wasbington SS
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKT)A1.F./1,AKF. F1,M0 RF.VIFW , and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-086
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 24TH day of
JULY , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
"ABCDEFGH IJ KLM NOPQRSTUV WXYZ
'ABCDEFGH IJ KLM NOPQRSTUV WXYZ
'abcdefg h ij klm nopq rstuvwxyz
Subscribed and sworn to before me on
t s 24TH day of JULY 0 13
BY: O10. _1WL1,64n
TITLE LEGAL COORDINATOR
otary Public
*Alphabet s ould be in the same size and kind of type as the notice.
WHITEHEAD
tjtr:: Notary Rublic-Minnesota RATE INFORMATION
. ;d e, My Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
c. For screening of outdoor living
space subject to the following
criteria:
I. The area enclosed by outdoor
extended living area fencing shall not
I Qnclosed area of 500
Ordinance shall be
Permit requirements, exempt from
D. Genera/ itilized to enclose an
fences erected Requirements. All Jed living.area shall be
Elmo are in the
recity of Lake point not more than 6
quirements: subject to the following ie principal structure at
�• Maintenance. All fen nation point.
r
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
p oPerly maintained ces shall be utilized to enclose an
appearance and with respect to coded living area shall
remain
STATE OF MINNESOTA
in a state of dsreences that into side yard of a lot
extended Pair for existing building line of
ORDINANCE N 0. 08-086
AN ORDINANCE
period an
constitute of time shall i principal structure, nor
2, Face of Fence. Ce Per §gg,03. fences be located in any
The
AMENDING
THE LAKE ELMO CITY
finished side it street yard.
of any fence or wall must
abutting
CODE
OF ORDINANCES BY
face screening or privacy
property or street rights of when the lineal
way.
ADOPTING
ADOPTING NEW FEN
FENCING
REGULATIONS IN THE
3. Fence Materials. p ient of the fence does not
materials shall ermitted fence ne-fourth (?) of the linear
stone, be limited
LAKE
ELMO ZONING CODE.
SECTION
to brick, of the perimeter of a lot.
WOma wrought iron, vinyl ces may only be installed
composite material, steel,
1, The City Council of
the City of Lake Elmo hereby
aluminum, written consent of the
chain -link and, in cases
fencing only, of temporary property owner.
amends Title XV;
Chapter Title
154: Land Usage;
consistent y materials that are ;r other circumstances when
with temporary fencing
repealing City Code Sections
154.120 through
as fence is warranted due to
4. Traffic subsection (F) health, animal containment,
obstruction No
wall
154.128 in
entirety, their
shall obstruct fence or ar purposes, subject to review
pedestrian's a motorist's or a xoval by the City Council and
SECTION 2. The City Council of
the City of Lake Elmo
safe view
driveway or street. from the ie written consent of the
5. Location.
amends Title XV: hereby
Land Usage;
Chapter 154: Zoning
nt property owner.
a. Fences may be installed %ommercial and Industrial
Portion
Code, by
adding the following language:restrictions
Article 5 —General
—Gen
Articl§154.2e
of a lot sub' °n any :ts. No fence or wall shall
of subject to the height d eight feet (8') in height.
be
Regulations
Fencing Regulations
installedalong'§154205'E and
Propertymay ;s that exceed eight feet (8') in
Provided the lines t require a conditional use
§154.20 Fencing Regulations
Al- Purpose. The
Ordinance is to Purpose of this
adjacent
agrees, in Property t.
may writing, that such fence ;mporary Fences
y be erected on the
°f the boundary
provide for the
regulation of fences in city of
Lake Elmo and
respective line Height and Performance.
Portion he fen properties. Any )orary fences shall comply with
of the fence and
material
to revert
Prevent fences
from being erected that
shall not all footing fence height standards of
neighboring encroach on
would be a
hazard to the public, an
unreasonable interference
b• All Properly. the section (E). Temporary fences
Pertinent pro a .I be at least 40%open to air and
be visible Property Pins shall t. If to be least
upon
with the
uses and enjoyment of neighboring
property or are incompatible
unable at 40%
installed
inspection for fences :n to air and light, temporary
within one foot of a
boundary.
with
existing uses and other zoning
restrictions.
properly ces shall not exceed forty-two
c• In the hes (42") in height.
case of a dispute,
B. Definitions. The following words,
terms and phrases,
may r the City Duration and Limitation
y require a survey to establish the . No snow fence or posts shall be
boundary line of a property.
Easement
when used in
this Section, shall have the meaning
ascribed to them
stalled prior to October 1, and must
easement Encroachment. An ;removed prior to April 15.
must ant
in this subsection
except where the context clearly
indicates a different meaning:
agreement a. Seasonal recreational fencing
bet apP°oved
COUncil, aloe by the City itended for winter sports, such as
for g with a fence
any fence
Permanent Fence. Fences that are
installed in a fixed
permit, ockey or broomball shall not be
that will be installed istalled prior to October 1, and must
within a City easement.
SW�mmin
or enduring
manner that are not intended for a
seasonal or tempos
re removed prior to April 15.
Pools shall be Pooqll swimming 3. Location. Snow fences shall be
fencing per 08s d with required
Temporary Fence. encesohat
§151 set back at least 50 feet from any
E. Fence Height
are
installed and removed on a seasonal
basis, such as snow fences,
and Design south or east property line, or such
r• Fences additional distance as may be
(Corner) r'. /n Front and Side
Yards.
fences and seasonal recreational
fences, such as hockey
front required to prevent the accumulation
Any fence within
may °f side (corner) yard setbacka of snow on public streets or adjoining
Y not exceed
boards.
C. Permit Required
1. Permanent
fo property, as determined by the
in height and rtY-fW0 (42) inches Public Works Director.
air and be 50%
Fence. No permanent
fence shall be erected without
lightmust
open to G. Prohibited Fencing. Barbed wire
de
ResNo
first
obtaininga fence
shall bPermit. Application
made
D/stricts. fence and Mixed -Use platted areasencing are prohibited in
feet shall e
exceed
(6to
to the Plannin
Director. The fee shall be established
suet six H. Agricultural Exemption. Fences
the height' and
designshall be in
by the Ci 's Fee
Planning ty Schedule. The
g Director is
constructed on parcels excess of 5
§154.20s.E.3 requirements of acres for the keeping of horses; and
3• Residential
authorized to
issue a fence permit if the application
indicates that the
Require Fence fences constructed on parcels in
over tlr ments. Design excess of 10 acres are specifically
Solid wall fences
our
fence will be in
compliance with this Ordinance. The
Board of Adjustment
Prohibited exempted from the provisions of this
on feet in height shall be Section. Any such agricultural
(21,780 any It) under ? acre
square
and Appeals
shall hear and decide appeals
it pPeals when
portion fencing shall be at least 75% open to
feet) in size, qn air and light.
on over
is g such to sfence tour (4) feel
alleged that the Planning open to lightshall be at least 75�, SECTION 3. Effective Date. This
Director was in error. The appeals and
one
shall follow the procedure outlined l
§31.01.
air, exc ordinance shall become effective
n of the follow. ept under Immediately upon adoption and
When g circumstances:
2.3 Tem ryTemporary abuts a residential propert publication in the official
pora Fence. classificationdistrict or use of y newspaper of the City of Lake
fencing that a hi
complies
subsection (F) and P all other abuts s, RR, R^a RE or rLDR'cally henr Elmo.
applicable any ADOPTION DATE: Adopted by the
district
provisions of this family resider, a single Lake Elmo City Council on the
°' r district or
family u e day July 2013
abuts a multi- sixteenth of
residential
residential use. °f a non- Ayes: 4
b•
and
functional
When a r Nays: 0
abuts properly is a through lot /a/ Mike Pearson, Mayor
a street that
is a higher Attest: /a/ Adam Bell, City Clerk
classification
street than the (Oakdale -Lake Elmo Review: July
abutting the front
Property.
yard of the 24, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-087
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW LANDSCAPE REQUIREMENTS IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 6. ENVIRONMENTAL PERFORMACE STANDARDS
5154.258 Landscape Requirements
5 154.258 Landscape Requirements
Alt development sites shall be landscaped as provided in this section in order to control erosion and
runoff, moderate extremes of temperature and provide shade, aid in energy conservation, preserve
habitat, provide visual softening of, especially, urban development, and generally enhance the quality
of the physical environment within the city.
A. Landscape Plan Required. A landscaping plan is required for all new commercial, industrial,
institutional and multi -family development, all planned unit developments, and all
subdivisions, with the exception of minor subdivisions, as defined in Chapter 154. The
landscape plan shall be prepared by a certified landscape architect and include the following:
1. The location, size, quantity and species of all existing and proposed plant materials.
2. Methods for protecting existing trees and other landscape material, consistent with
5154.257.
3. Structural and ground cover materials.
4. Provisions for irrigation or other water supplies.
5. Details and cross sections of all required screening.
6. Special planting instructions.
Design Considerations. The following design concepts and requirements shall be considered
when developing a landscape plan.
1. To the maximum extent possible, the landscape plan shall incorporate existing trees and
other vegetation on the site.
2. Landscaped areas should be of adequate size to allow proper plant growth, protect
plantings from vehicular and pedestrian traffic, and provide adequate areas for plant
maintenance.
A variety of trees and shrubs should be used to provide visual interest year round. No more
than fifty percent (50%) of the required number of trees and shrubs may consist of any one
species. A minimum of twenty-five percent (25%) of the required number of trees shall be
deciduous shade trees, and a minimum of twenty-five percent (25%) shalt be coniferous
trees.
4. Final slopes greater than 3:1 will not be permitted without special treatment such as
terracing, retaining walls, or special ground covers.
5. All plant materials shall meet the following minimum size standards in Table 6-1.
Table 6-1. Minimum Size Standards for Landscape Materials
Plant Type
Minimum size at planting
Trees:
Evergreen
6 feet in height
Deciduous - shade
2.5 inches caliper, measured 6 inches from base
Deciduous - ornamental
2 inches caliper, measured 6 inches from base
Shrubs:
Evergreen
# 5 container*
Deciduous
# 5 container*
Shrubs used for screening (evergreen or deciduous)
# 5 container*
* Approximately 5 gallons. See American Standards for Nursery Stock, ANSI 260.1-2004 for exact
specifications.
6. As an alternative to the minimum standards for landscape materials, a landscape plan
prepared by a qualified professional certifying that said plan will meet the intent of this
Section may be submitted.
C. Landscaping of Setback Areas. All required setbacks not occupied by buildings, parking, paths
or plazas shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial
flowering plants, and surrounding pervious ground cover.
1. A minimum of one (1) tree shall be planted for every fifty (50) feet of street frontage, lake
shore or stream frontage, or fraction thereof.
a. Trees adjacent to streets shall be planted within the front yard and may be arranged in
a cluster or placed at regular intervals to best complement existing landscape design
patterns in the area.
b. Salt tolerance and root structure should be considered when selecting tree species
adjacent to streets, sidewalks and parking areas.
c. Where property abuts a lake or stream, trees shall be planted at intervals of no more
than fifty (50) feet along the shoreline, except where natural vegetation is sufficient to
meet this requirement.
2. In addition to the requirements of CA above, a minimum of five (5) trees shall be planted
for every one (1) acre of land that is developed or disturbed by development activity. Such
trees may be used for parking lot landscaping or screening as specified in subsections D and
E below.
D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to
minimize the expansive appearance of parking lots and provide shaded parking areas.
Landscaping shall consist of planting islands, medians and borders, comprising the required
planting area specified under item (1) below.
1. At least five (5) percent of the interior area of parking lots with more than thirty (30)
spaces shall be devoted to landscape planting areas. Areas may consist of islands or corner
planting beds.
2. Shade trees shall be provided within the interior of parking lots (in islands or corner
planting beds) in accordance with the following table:
Table 6-2. Minimum Required Tree Planting for Parking Lots
Number of Parking Spaces
Minimum Required Tree Planting
0 — 30
None required
31-100
1 tree per 10 spaces or fraction thereof
101+
1 tree per 15 spaces or fraction thereof
E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and
sidewalks, public open space, and adjacent residential properties. The perimeter of parking
areas shall be screened as follows:
1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking
areas and public streets, sidewalks or paths. If a parking area contains over one hundred
(100) spaces, the frontage strip shall be increased to eight (8) feet in width.
a. Within the frontage strip, screening shalt consist of either a masonry wall, fence, berm
or hedge or combination that forms a screen a minimum of three and one-half (3.5) and
a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a
year-round basis.
b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet
within the frontage strip.
2. Along side and rear property lines abutting residential properties or districts, screening
shall be provided, consisting of either a masonry wall, fence or berm in combination with
landscape material that forms a screen a minimum of four (4) feet in height, a maximum of
six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis.
Landscape material shall include trees, planted at a minimum of one deciduous or
coniferous tree per forty (40) linear feet along the property line.
F. Screening. Screening shall be used to provide visual and noise separation of intensive uses
from less intensive uses. Where screening is required in the City Code between uses or
districts, it shall consist of either a masonry wall or fence in combination with landscape
material that forms a screen at least six (6) feet in height, and not less than ninety percent
(90%) opaque on a year-round basis. Landscape material shalt include trees, planted at a
minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line.
Additional landscape material such as shade trees or trellises may be required to partially
screen views from above.
G. Maintenance and Installation of Materials. Installation and maintenance of all landscape
materials shall comply with the following standards:
1. All landscape materials shall be installed to current industry standards.
2. Irrigation or other water supply adequate to support the specified plant materials shall be
provided.
3. All required landscaping and screening features shall be kept free of refuse and debris.
4. All landscape materials shall be guaranteed for two (2) years. Any landscape material that
dies or becomes diseased before the end of the second (2d) year after installation shall be
replaced by the developer.
5. Continuing maintenance and replacement of landscape materials shall be the responsibility
of the property owner beyond two years of initial installation.
H. Financial Security. The City will require that a financial security, in a form acceptable to the
City, be provided as part of a development agreement or applicable permit to ensure
compliance and performance of the Landscape Plan. The financial security will be released to
the applicant upon verification by the City that the Landscape Plan was followed, and that all
landscape materials are planted and in a reasonable state of health. The financial security may
be used to replace any landscape materials that have become damaged or diseased after
planting. Adequate security must be retained to ensure performance for at least two years
after the installations have been completed.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-087 was adopted on this twentieth
day of August 2013, by a vote of 4 Ayes and O Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
—4dam BeRY City Clerki
This Ordinance 08-087 was published on the ��day of AUGUST , 2013.
4
Affidavit of Publication
State of Minnesota
SS
County of Washington
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKT)AT.F-T.AKF. FT.M0 RFVTF.W and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-087
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 28TH day of
AUGUST 20 13 , and was thereafter printed and published on every to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`abcdefghijklmnopq rstuvwxyz
Subscribed and sworn to before me on
t is 28TH day of AUGUST C00 13
AA A
BY:J""- 7��
TITLE LEGAL COORDINATOR
_J77 Notary Public
*Alphabet should be in the same size and kind of type as the notice.
4r4/lilr'J'a'v.
�~ TONYA R. WHITEHEA
Notary Public -Minnesota RATE INFORMATION
My t omm.ssior, Expires Jan 31
'Cu^a��.�'�.ii`p.°'i�'!M•"sPJ`e`: J`-M".i14��f'x�lN/�°���
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-087
AN ORDINANCE AMENDING THE
LAKE ELMO CITY CODE OF
ORDINANCES BY ADOPTING
NEW LANDSCAPE
REQUIREMENTS IN THE LAKE
ELMO ZONING CODE.
Section 1. Ordinance 08-087 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-087, which replaces the current
sections of the City Code
pertaining to Landscape
Requirements. The ordinance
includes the following provisions.
• The ordinance establishes base
sizes of allowed plant materials,
which are consistent with the
recommendations of the
American Standards for Nursery
Stock.
• The ordinance establishes the
required number of tree plantings for
setback and boulevard areas within
proposed developments.
• The ordinance establishes
landscaping requirements for the
perimeter and interior of parking
areas.
• The ordinance establishes the
process by which required
screening is achieved.
• The ordinance requires a
financial security to be posted to
ensure performance of all
approved landscape plan.
The full text of Ordinance No. 08-
087 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2• Effective Date: This
ordinance shall become effective
immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 20th
day of August, 2013.
Ayes: 4
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Aug.
28, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.08-088
AN ORDINANCE AMENDING THE ANIMALS CHAPTER OF THE GENERAL
REGULATIONS OF THE CITY OF LAKE ELMO
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX: General
Regulations; Chapter 95: Animals, by repealing City Code Sections 95.01 through 95.72 in
their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title IX: General
Regulations; Chapter 95: Animals, by adding the following language:
ARTICLE 1. ANIMAL CONTROL AND LICENSING
§ 95.00
Purpose and Intent
§ 95.01
State Code Adopted
§ 95.02
Construction and Application
§ 95.03
Definitions
§ 95.04
Care of Domesticated Animals
§ 95.05
Number of Dogs and Cats Limited
§ 95.06
Rabies Shots Required
§ 95.07
Dog Licensing Required
§ 95.08
Offenses Involving Tags
§ 95.09
Tags Not Transferable; Refunds
§ 95.10
Prohibition of Kennels
§ 95.11
Prohibition of Dogs or Cats Running at Large
§ 95.12
Unreasonable Disturbance Prohibited
§ 95.13
Dogs or Cats which are Public Nuisances
§ 95.14
Interference with Enforcement
§ 95.15
Investigation
§ 95.16
Quarantine
§ 95.17
Muzzling Proclamation
§ 95.18
Required Removal of Animal Excreta
§ 95.19
Animals on Owners Property
§ 95.20
Animal Control Officer
§ 95.21
Animal Control Agency
§ 95.22
Impounding of Dogs or Cats
§ 95.23
Impoundment Charges
§ 95.24
Disposition of Unclaimed Dogs or Cats
§ 95.25
Proceedings for Destruction of Certain Dogs
§ 95.26
Prohibition of Unsecured Female Dogs or Cats in Heat
§ 95.27
Liability
§ 95.28 Severability
§ 95.00 Purpose and intent
The purpose of this ordinance is to promote health, safety and general welfare of
animals and the people around them by requiring animals be cared for in such a manner that
they will not become a public nuisance, requiring animals be properly fed, sheltered and cared
for, requiring the removal of animal defecation from public property and to ensure licensing of
dogs and rabies vaccination of all dogs and cats within the City of Lake Elmo.
§ 95.01 State code adopted
All of the relevant provisions of Minnesota Statutes Chapter 343, as amended, are
hereby incorporated by reference into this chapter with the same force and effect as if fully set
forth in this chapter.
§ 95.02 Construction and application
This chapter shall not be interpreted as covering any law regulating the trapping of
animals, the use of live animals in dog trials or in training of hunting dogs, or the slaughter of
animals by persons acting under state and federal law, or taking of animals through hunting or
fishing as permitted by law.
§ 95.03 Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Adult dog means a dog over four (4) months of age.
Animal means any live vertebrate or invertebrate creature either domestic or wild,
except a human being.
Animal, dangerous means any animal that is declared to be dangerous by the animal
control officer after a temperament test has been conducted on the animal or as defined by
Section 11.01 of this Code.
Animal control officer means any person designated by the city to enforce State
Statutes, adopted by reference, and local ordinances as they pertain to animal control.
Animal shelter, public means a facility operated by a humane society, or a governmental
agency or its authorized agents for the purpose of impounding or caring for animals.
Animal, wild or exotic means apes, coyotes, foxes, wolves, bears, cougars, lynx,
bobcats, wild boars, cheetahs, jaguars, lions, tigers, leopards, panthers, ocelots, monkeys,
elephants or other similar animals as determined by the humane officer.
At large means to be off the premises of the owner and not under the control of some
2
person, either by leash or otherwise, but a dog or cat within an automobile of its owner or in
an automobile of any other person with the consent of the dog's or cat's owner, shall be
deemed to be upon the owner's premises.
Cat means a domesticated animal of the feline type (Felis domesticus), except for a feral
cat.
Cat, altered means a cat which has been certified in writing by a veterinarian as being
nonreproductive.
Cat, feral means a cat without owner identification of any kind whose usual and
consistent temperament is extreme fear and resistance to contact with people. A feral cat is
unsocialized to people.
Circus means a commercial variety show featuring animal acts for public
entertainment.
Cruel means causing unnecessary and excessive pain or suffering or unjustifiable pain,
injury or death to an animal.
Commercial Animal Establishment shall mean any pet shop, grooming shop or boarding
kennel and shall exclude any city pound, humane society, animal shelter or veterinary facility.
Dog means a domesticated animal of the canine type (Canis familiaris); young animals
(puppies) of this type are considered dogs. It shall not include any animal which is in whole or
in part of the canis lupus or wolf species.
Dog, altered means a dog which has been certified in writing by a veterinarian as being
nonreproductive.
Dog, service means any dog individually trained to do work or perform tasks for the
benefit of an individual with a disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair or fetching dropped items.
Dog, unlicensed means a dog for which a required license fee has not been paid, or to
which the license tag required by this chapter is not attached.
Foster parent, animal means a person who provides temporary care for kittens, puppies,
cats and dogs in their homes for 6 months or less at a time. Animals which are in temporary
foster care are not required to be licensed.
Grooming shop means a commercial establishment where animals are bathed, clipped
or otherwise groomed.
Kennel means a facility where dogs, cats or other animals are kept for 24 hours or more
for boarding, training or similar purposes for compensation. This does not include animal
shelters or a facility owned or operated by a veterinarian where animals are boarded only in
conjunction with the provision of veterinary care.
3
Owner means any individual, partnership or corporation that has the right of property in
an animal or who keeps, harbors, cares for or acts as its custodian or who knowingly permits an
animal to remain on or about or return to his/her property/premises for five or more consecutive
days is presumed to be harboring or keeping the animal within the meaning of this article.
Permanent animal exhibition means any spectacle, display, act or event other than
circuses, in which animals perform or are displayed, with the exception of education programs
presented by persons or organizations with proper state and federal education permits, as
required, and which are perpetual in nature and in a stationary location.
Person means and includes all natural persons and any firm, sole proprietorship,
limited liability corporation (LLC), partnership, corporation, trust and any association of
persons, government agency or political subdivision.
Pet means an animal kept for pleasure rather than utility, which may/may not be
susceptible to rabies.
Pet shop means any person, sole proprietorship, limited liability corporation (LLC),
partnership or corporation, whether operated separately or in connection with another business
enterprise, except for a kennel, that buys, gives away, sells or takes on consignment any species
of animal.
Temperament testing means evaluating an individual dog's temperament through a series
of tests that measure traits including stability, confidence, shyness, friendliness, aggressiveness,
protectiveness, prey instincts, play drive, and self-defense instincts, and the ability to distinguish
between threatening and nonthreatening situations.
Transient animal exhibition means any spectacle, display, act or event other than
circuses, in which animals perform or are displayed, with the exception of education programs
presented by persons or organizations with proper state and federal education permits, as
required, and which are traveling shows of a temporary duration.
Veterinarian has the meaning as defined in Minnesota Administrative Rules, Chapter
9100.0100.
Veterinary hospital or clinic means any establishment maintained and operated by a
licensed veterinarian for surgery, diagnosis and treatment of disease and injuries in animals.
Cross References --Definitions generally, Section 11.01.
§ 95.04 Care of Domesticated Animals
All domesticated animals shall be cared for, maintained and handled in a humane and
sanitary manner and in such a way as to prevent noises such as barking, fighting or howling or
other disturbance of the peace and quiet of the neighborhood. No domestic animal shall be
abandoned or turned loose by its owner. No animal shall be inhumanely confined in a manner
which causes or is likely to cause pain, suffering, injury or death. No person who owns, harbors,
n
or keeps any animal shall fail to provide proper medical attention to such animal when and if
such animal becomes sick or injured.
§ 95.05 Number of Dogs and Cats Limited
A. The keeping of a large number of dogs or cats poses health, safety and public welfare
risks and is deemed a public nuisance.
B. Cats. Unless the property owner holds a valid kennel license, no individual or family
unit living together, firm or corporation shall keep more than three (3) cats over the age
of four (4) months on any parcel.
C. Dogs. Unless the property owner holds a valid kennel license, no individual or family
unit living together, firm or corporation shall keep more than three (3) dogs over the age
of four (4) months on any parcel.
D. Cats and Dogs. Unless the property owner holds a valid kennel license, no individual or
family unit living together, firm or corporation shall keep more than a combination of
three (3) cats and dogs over the age of four (4) months on any parcel.
E. Grandfather clause.
1. Any person who owned, possessed, kept or harbored dogs and/or cats on or
before October 15, 2013, in excess of the above allowed number of dogs and/or
cats shall be permitted to continue ownership or possession as long as they meet
all the requirements set forth under State and Federal Law in addition to those
set forth in this Ordinance.
2. Anyone whose animals fall under the grandfather clause shall have obtained
license for the dogs within sixty days of the effective date of the original
ordinance (October 15, 2013).
i. Any person who successfully obtains license within sixty days of the
adoption of this Ordinance shall be permitted to hold, keep, harbor or
maintain the number of animals that person had as of the date of the
adoption of this Ordinance but shall not be permitted to increase the
number of animals. Following death of the licensed animal, the
property owner shall not acquire more animals until they have
brought the number of animals down to legal limits through attrition.
ii. Any person who has not successfully obtained license for their animal
within sixty days of the adoption of this Ordinance shall forfeit the
right to keep the animal under the grandfather clause and be deemed to
unlawfully possess the animal.
§ 95.06 Rabies Shots Required
At the time of application for registration, the applicant shall present to the City a written
statement from a licensed veterinarian or other satisfactory evidence that a rabies shot has been
administered, within the previous 24 months, to the dog or dogs being registered.
5
§ 95.07 Dog Licensing Required.
A. No person shall own, keep, or harbor any dog over the age of 4 months, within the
city, unless a dog license has first been secured. Dog licenses shall be issued by the
City for a fee as set by resolution of the Council. It shall be the duty of each person
owning, keeping, or harboring a dog to pay the license fee imposed by §95.07 et seq.
to the City on or before the first day of January of each year, or upon establishing
residence in the city to immediately pay the license fee. The City may cause a notice
of the necessity of the license fee to be printed in the official newspaper in December
prior to each license year.
1. The license fees are provided for in the city fee schedule for the following:
a. Altered dogs
b. Unaltered dogs
c. Service dogs
B. All licenses shall be valid for one year from each January 1 to the following
December. License applications may be made from January 1 through January 31
each year without penalty. When application is made after January 31 for any animal
subject to licensing prior to that date, an additional fee shall be charged for the
license. The additional fee herein prescribed is assessed to cover the additional costs
of the administration and not as a penalty, and the payment of such a fee shall not
exempt any owner from any penalties imposed for any violation of this subchapter.
C. A license will be one-half of the amount set out in the fee schedule if properly
obtained after June 30 of the license year.
D. The City shall deliver one (1) appropriate tag to the owner when the fee is paid. The
owner shall cause the tag to be affixed by a permanent metal fastener to the collar of
the dog registered in a manner that the tag may be easily seen. The owner shall ensure
that the tag is constantly worn by the dog. In case any dog tag is lost, a duplicate may
be issued upon verification of the licensure for the current year. A charge of $1 shall
be made for the duplicate tag.
E. The provisions of this section shall not be intended to apply to domestic animals
brought into the city for the purpose of participating in any domestic animal show or
for less than 30 days.
§ 95.08 Offenses Involving Tags
It shall be unlawful to counterfeit or attempt to counterfeit the tag provided for in §95.07
or take from any dog a tag legally placed upon by its owner with the intent to place it upon
another dog.
§ 95.09 Tags Not Transferable; Refunds
Dog tags shall not be transferable. No refunds shall be made on any dog registration fee
6
because of leaving the city or death of the dog before the expiration of the registration period.
§ 95.10 Prohibition of Kennels
No kennels may be established in the city unless a special use permit has been issued for
the kennel as provided by the city ordinances regulating land use.
§ 95.11 Prohibition of Dogs and Cats Running at Large
It shall be unlawful for any person who owns, harbors or keeps a dog or cat to allow the
dog or cat to run at large in the city.
§ 95.12 Unreasonable Disturbance Prohibited
The following are prohibited:
A. The keeping or harboring of any animal or fowl, whether licensed or not, which by
frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly
annoy or disturb a neighborhood or any considerable number of persons within the city which
tends to cause or create a disturbance is prohibited and is a public nuisance. An animal is
considered to be in violation of this section when written complaints from two or more adults
living in separate residences within audible distance of the noisy animal are filed with the law
enforcement or the city within a four -week period. No prosecution shall be commenced, except
upon the request of the law enforcement or city, following a written petition signed by two or
more adult persons residing at different residences. Failure to correct the disturbance within 24
hours of written notification from law enforcement or other designee of the city shall constitute
a violation of this section and will subject the owner or occupant of the premises to the
penalties set forth in Sec. 10.99, Penalty. Each day that such nuisance exists constitutes a
separate offense.
B. The phrase "unreasonable disturbance" shall include, but is not limited to, the creation
of any noise by any animal which can be heard by any person, including a law enforcement
officer or animal control officer, from a location outside of the building or premises where the
animal is being kept and which animal noise occurs repeatedly over at least a 30 minute period
of time with a 5 minute or less lapse of time between each animal noise during the 30 minute
period.
C. Exemptions. The provisions of this section shall not apply to animal veterinary hospitals
or clinics operated for the treatment of animals or to permitted kennels.
§ 95.13 Dogs or Cats which are Public Nuisances
Every unlicensed dog, unsecured female dog or cat in heat, and every dog or cat that runs
at large or causes disturbance, or noise, in violation of the provisions of §95.07 et seq. is
declared a public nuisance.
§ 95.14 Interference with Enforcement
7
It shall be unlawful for any unauthorized person to take or attempt to take from any
officer any animal taken up by the officer in compliance with §95.07 et seq. or in any manner to
interfere with or hinder the officer in the discharge of official duties under §95.07 et seq.
§ 95.15 Investigation
Any agent of the Council may enter the premises where any animal is kept in a
reportedly cruel or inhumane manner, after obtaining required warrant or legal consent, and
demand to examine the animal and to take possession of the animal when in the agent's opinion
it requires humane treatment.
§ 95.16 Quarantine
A. Whenever any person owning, possessing, or harboring any dog within the corporate
limits of the city shall learn that the dog has bitten any human being, the person shall
immediately impound the dog in a place of confinement where it cannot escape or have access to
any human being or other animal. The person shall also immediately notify either the Animal
Control Officer or Agency, who shall ascertain the identity of the dog and the person owning,
possessing, or harboring it. The Officer or Agency shall immediately direct the person to
impound the dog as required. Any dog so impounded shall be kept continuously confined for a
period of 10 days from the day the dog bit a human being. The person owning, possessing, or
harboring the dog shall also notify the Minnesota Department of Health Infectious Disease
Epidemiology, Prevention and Control Division.
B. Upon learning that a dog has bitten a human being, the City shall immediately
notify the Animal Control Officer and inform Animal Control Officer of the place where the dog
is impounded. If the animal is current on its rabies vaccination with proof provided by a rabies
certificate, then the animal is safe to be quarantined in the owner's home. If no proof of a current
rabies vaccine is able to be provided the animal must be impounded at the current impound
facility. When an animal is impounded at home, the animal should be required to be inspected by
a licensed veterinarian at the beginning of the rabies quarantine and at the end of the rabies
quarantine. The Animal Control Officer will inspect the animal as needed during the 10 day
quarantine only when the animal is kept in the home of the owner. For this purpose, the Animal
Control Officer shall have access to the premises where the dog is kept at all reasonable hours
and may take possession of the dog and confine it in a suitable place at the expense of the owner.
In the circumstance that the animal is impounded at the impound facility it is the duty of the
licensed veterinarian on staff to inspect the animal during the rabies quarantine.
C. The owner or person in possession or harboring the dog shall immediately notify
the Animal Control Officer of any evidence of sickness or disease in the dog during its period of
confinement. In the case that an animal dies during this period when the animal is kept in the
owner's home, the animal is to be brought to the impound facility where it will then be
transported to the U of MN for diagnostic testing. If the animal dies while being impounded at
the impound facility, then the impound facility will be responsible for diagnostic rabies testing.
D. In the case that the owner of the animal that has bitten does not have a current
rabies vaccine and it is impounded at the impound facility, and if the owner decides not to
reclaim the animal from the impound facility, the impound facility can then humanely euthanize
the animal and send it for diagnostic testing without holding the animal for a 10 day quarantine.
§ 95.17 Muzzling Proclamation
Whenever the prevalence of hydrophobia renders action necessary to protect the public
health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping
a dog to confine it securely on the owner's or keeper's premises unless it is muzzled so that it
cannot bite. Any unmuzzled dog running at large during the time fixed in the proclamation shall
be killed by law enforcement without notice to the owner.
§ 95.18 Required Removal of Animal Excreta
The owner or person having immediate care, custody or control of any animal shall
promptly remove and dispose of, in a sanitary manner, any excreta left or deposited by the
animal upon any public or private property. Failure to do so shall be a violation of this section
and will subject the owner or occupant of the premises to the penalties set forth in section 10.99
Penalty. Each day that such act exists shall constitute a separate offense.
§ 95.19 Animals on Owners Property
The accumulation of dog feces or wastes upon private property in the city is declared to
be a public nuisance. The owner or occupant of property upon which there exists any
accumulation of dog feces or waste shall remove all such waste from his premises and dispose of
the wastes in a safe and sanitary manner within 24 hours of written notification from law
enforcement or the city to remove the wastes. Failure to do so shall be a violation of this section
and will subject the owner or occupant of the premises to the penalties set forth in section 10.99
Penalty. Each day that such act exists shall constitute a separate offense.
§ 95.20 Animal Control Officer
The Council may appoint a person, persons, or firm as the Council may deem necessary
and advisable as Animal Control Officer for the city. The Animal Control Officer shall be
charged with the duty of enforcement of §95.07 et seq. and shall be vested with all the authority
conferred by §95.07 et seq., including the power to issue a summons requesting a violator to
appear in court. The Council may provide for compensation for the Animal Control Officer as it
may deem reasonable. The Animal Control Officer shall file a monthly report with the Council
relating to the operation of the Animal Control Officer as it applies to the city.
§ 95.21 Animal Control Agency
The city may contract with or enter into an agreement with such person, persons,
organization or corporation to provide for the operation of an animal shelter, impoundment of
stray animals, confinement of certain animals, disposition of impounded animals, and for
assisting in the administration of rabies vaccinations programs.
§ 95.22 Impounding of Dogs or Cats
W
The Animal Control Officer may take up and impound any dog found in the city without the tags
provided in §95.07 or any dogs which are in violation of any other provisions of §95.07 et seq.
To enforce §95.07 et seq., the Animal Control Officer is empowered and instructed to go upon
any premises to seize for impounding any dog or cat that may lawfully be seized and impounded
when such officer is in immediate pursuit of such animals where the officer has reasonable cause
to believe there is an unlicensed dog, a dog or cat which has been at large during the same day,
or an unsecured female dog or cat in heat, except upon the premises of the owner of the dog or
cat if said owner is present and forbids the same; in that case, or for entry into premises, the
officer must obtain required warrant or legal consent to do so. Animals will not be impounded
with any facility that sells, trades, or deals animals for licensed educational or scientific
institution purposes.
§ 95.23 Impoundment Charges
A. Redemption. Any dog or cat may be redeemed from the impound facility by the
owner within 5 days after impoundment by payment of a fee as set forth from time to time by
resolution of the Council for each day the dog or cat is confined in the pound, as well as the cost of
boarding, feeding, and required vet charges. The city may recover, from the owner, impoundment
fees charged to it by the impound facility.
B. Additional Impoundment Charge. An additional fee, set forth from time to time by
resolution of the Council, shall be charged for any dog or cat that has been impounded more
than once each year.
C. Unlicensed Additional Charge. In the case of unlicensed or untagged dog, an
additional fee, set forth from time to time by resolution of the Council, shall be charged due to
the special handling required on an unlicensed or untagged dog.
D. If the owner does not pay fees, expenses, license and reclaim the animal within five
(5) days of being notified of the impoundment, the animal will be put up for adoption without
further notification, at the owner's expense. If the animal is adopted, the expenses and fees may be
paid by the new owner through adoption fees.
§ 95.24 Disposition of Unclaimed Dogs or Cats
Any dog or cat which is not claimed as provided for in §95.23 or sold through a standard
adoption process, shall be painlessly put to death and the body properly disposed of by the
poundkeeper.
§ 95.25 Proceedings for Destruction of Certain Dogs
A. Upon sworn complaint to district court that any one (1) of the following facts exist:
1. That any dog at any time has attacked or bitten a person outside the owner's or
custodian's
premises;
2. That any dog is vicious or shows vicious habits, or molests pedestrians;
10
3. That any dog is a public nuisance as defined in M.S. §561.01, as it may be amended
from time to time; and/or
4. That any dog violates its quarantine contrary to the provisions of the chapter.
B. The district court shall issue a summons directed to the owner or person having possession
of the dog commanding the owner or person in possession to appear before the court and show
cause why the dog should not be disposed of as authorized in this code. The summons shall be
returnable not less than 2 nor more than 6 days from the date of delivery and shall be served at
least 2 days before the time to appear mentioned in the summons. If, at the hearing, the district
court finds that the facts stated in the complaint are true, the judge may either order: the owner or
custodian to keep the dog confined to a designated place; the owner or custodian to remove the
dog from the city; or humanely euthanized by certified veterinary staff. If the owner or custodian
disobeys the order, the owner or custodian shall, upon the filing of a complaint and after a hearing
and conviction before a district court, be liable to the punishment provided for violation of this
chapter. Any Animal Control Officer may, upon disobedience of the order, impound and order
the humane euthanasia of any dog describe in the order of the district court. The provisions of this
section are in addition to and supplemental to other provisions of this code. Costs of the
proceeding specified by this section shall be assessed against the owner or custodian of the dog.
§ 95.26 Prohibition of Unsecured Female Dogs or Cats in Heat
A. It shall be unlawful for any person to own, harbor, keep, or have in their
possession or on their premises any unsecured female dog or cat in heat.
B. Any unsecured female dog or cat in heat shall be deemed to be any female dog
or cat which is not confined in a building or secured in a manner that the dog or cat cannot
come into contact with another animal except for planned breeding.
§ 95.27 Liability
The city and/or its animal control agents shall not be liable to any person for the death,
destruction, damage, injury or disease caused to any animal that has been impounded pursuant to
this chapter.
§ 95.28 Severability
The provisions of any part of this chapter are severable. If any provision or subsection
hereof or the application thereof to any person or circumstance is held invalid, the other
provisions, subsections and application of this chapter to other persons or circumstances shall
not be affected thereby. It is the intent of this chapter that the same would have been adopted
had such invalid provisions, if any, not been included herein.
ARTICLE 2. DANGEROUS AND POTENTIALLY DANGEROUS DOGS
§ 95.30 Dangerous dogs; reporting and notification
11
§ 95.31
Dangerous dogs; registration requirement
§ 95.32
Dangerous dogs; containment requirements
§ 95.33
Potentially dangerous dogs; reporting and notification
§ 95.34
Potentially dangerous dogs; containment requirements
§ 95.35
Confiscation
§ 95.36
Exceptions
§ 95.30 Dangerous Dogs; Reporting And Notification
(A) Incident report. The Animal Control Officer shall complete an "Incident Report" on
any incident listed in the definition for "dangerous dog" in § 11.01.
(B) Notice declaring a dangerous dog. The Animal Control Officer shall provide the
animal owner with a "Notice to Declare Dog Dangerous" for any incident listed in the definition
for "dangerous dog" in § 11.01. The Animal Control Officer shall provide written notice to the
City Clerk/Administrator that a "Notice to Declare Dog Dangerous" has been issued to an animal
owner.
(1) Every reasonable attempt should be made by the Animal Control Officer to deliver
the "Notice Declaring a Dangerous Dog" to the animal owner in person.
(2) If the "Notice to Declare Dog Dangerous" cannot be delivered to the animal owner,
the Animal Control Officer shall provide the "Notice" to the City Clerk/Administrator for
mailing. The "Notice Declaring Dog Dangerous" shall be mailed to the animal owner by
certified mail.
(3) Dogs may not be declared dangerous if the threat, injury, or damage was sustained
by a person:
(a) Who was committing, at the time, a willful trespass or other tort upon the
premises occupied by the owner of the dog;
(b) Who was provoking, tormenting, abusing, or assaulting the dog or who can be
shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(c) Who was committing or attempting to commit a crime.
§ 95.31 Dangerous Dogs; Registration Requirement
(A) The owner of a dangerous dog shall obtain a certificate of registration from
Washington County.
(B) Washington County regulations indicate that a certificate of registration will be issued
i£
(1) Registration. The county shall issue a certificate of registration to the owner of a
dangerous dog if the owner presents sufficient evidence that:
12
(a) A proper enclosure exists for the dangerous dog and a posting on the premises
with a clearly visible warning sign, including a warning symbol to inform children, that there is a
dangerous dog on the property; and
(b) A surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the county in the sum of at least $50,000, payable to any person
injured by the dangerous dog, or a policy of liability insurance issued by an insurance company
authorized to conduct business in this state in the amount of at least $50,000, insuring the owner
for any personal injuries inflicted by the dangerous dog.
(2) Fee. The county may charge the owner an annual fee, in addition to any regular dog
licensing fees, to obtain a certificate of registration for a dangerous dog under this section.
(3) Law enforcement exemption. The provisions of this section do not apply to
dangerous dogs used by law enforcement officials for police work.
(4) Tag. A dangerous dog registered under this section must have a standardized, easily
identifiable tag identifying the dog as dangerous affixed to the dog's collar at all times.
§ 95.32 Dangerous Dogs; Containment Requirements
An owner of a dangerous dog shall keep the dangerous dog, while on the owner's
property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash and under the physical restraint of a
responsible person. The muzzle must be made in a manner that will prevent the dog from biting
any person or animal but that will not cause injury to the dog or interfere with its vision or
respiration.
§ 95.33 Potentially Dangerous Dogs; Reporting And Notification
(A) Incident report. The Animal Control Officer shall complete an "Incident Report" on
any incident listed in the definition for "potentially dangerous dog" in § 11.01.
(B) Notice declaring a potentially dangerous dog. The Animal Control Officer shall
provide the animal owner with a "Notice to Declare Dog Potentially Dangerous" for any incident
listed in the definition for "potentially dangerous dog" in § 11.01. The Animal Control Officer
shall provide written notice to the City Clerk/Administrator that a"Notice to Declare Dog
Potentially Dangerous" has been issued to an animal owner.
(1) Every reasonable attempt should be made by the Animal Control Officer to deliver
the "Notice To Declare a Potentially Dangerous Dog" to the animal owner in person.
(2) If the "Notice" cannot be delivered to the animal owner, the Animal Control Officer
shall provide the "Notice" to the City Clerk/Administrator for mailing. The "Notice To Declare a
Potentially Dangerous Dog" shall be mailed to the animal owner by certified mail.
§ 95.34 Potentially Dangerous Dogs; Containment Requirements
13
(A) An owner of a potentially dangerous dog shall keep the dangerous dog, while on the
owner's property, in a proper enclosure.
(B) If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a
substantial chain or leash and under the physical restraint of a responsible person.
(C) The muzzle must be made in a manner that will prevent the dog from biting any person
or animal but that will not cause injury to the dog or interfere with its vision or respiration.
§ 95.35 Confiscation
(A) Seizure.
(1) The Animal Control Officer shall immediately seize any dangerous dog if:
(a) After 14 days after the owner has notice that the dog is dangerous, the dog is not
validly registered under § 95.31;
(b) The dog is not maintained in the proper enclosure; or
(c) The dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under § 95.32.
(2) If an owner of a dog is convicted of a crime for which the dog was originally seized,
the court may order that the dog be confiscated and destroyed in a proper and humane manner,
and that the owner pay the costs incurred in confiscating, confining, and destroying the dog.
(B) Reclaimed. A dangerous dog seized under division (A) above may be reclaimed by the
owner of the dog upon payment of impounding and boarding fees, and presenting proof to the
Animal Control Officer, and the city that the requirements of §§ 95.31 and 95.32, as they may be
amended from time to time, will be met. A dog not reclaimed under this subdivision within 7
days may be disposed of as provided in § 95.25, and the owner is liable to the city for costs
incurred in confining and disposing of the dog.
(C) Subsequent offenses; seizure.
(1) If a person has been convicted of a misdemeanor for violating a provision of §§
95.31 and 95.32, and the person is charged with a subsequent violation relating to the same dog,
the dog must be seized by the city's Animal Control Officer.
(2) If the owner is convicted of a crime for which the dog was seized, the court shall
order that the dog be destroyed in a proper and humane manner and the owner pay the cost of
confining and destroying the animal.
(3) If the person is not convicted of the crime for which the dog was seized, the owner
may reclaim the dog upon payment to the city of a fee for the care and boarding of the dog.
14
(4) If the dog is not reclaimed by the owner within 5 days after the owner has been
notified that the dog may be reclaimed, the dog may be disposed of as provided under § 95.35,
and the owner is liable to the city for the costs incurred in confining, impounding, and disposing
of the dog.
§ 95.36 Exceptions
(1) This section does not apply to animals which are temporarily brought into the city for the
purpose of participating in any circus or show; nor does it apply to any public zoo, or persons
keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide
research institution, or veterinary hospital, provided protective devices adequate to prevent such
animal from escaping or injuring the public are provided.
(2) In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155, subd. 7 shall
apply.
ARTICLE 3. HORSES
§ 95.40 Horses; Requirements
§ 95.40 Horses; Requirements
A. No person shall ride, drive, lead, or otherwise allow any horse or pony to directly
travel over and in contact with any street or public road in the city which is hard
surfaced or which has been ready for hard surfacing to the extent that the base for the
hard surface has been applied, except the horses, ponies, and horse drawn vehicles
shall be allowed on unpaved shoulders of the street or public road.
B. No horse, pony, mule or other beast of burden shall be allowed on any public street,
alley, sidewalk or other public right-of-way or upon public property unless the animal
is properly attired to prevent animal waste from being deposited upon such public
property or the owner of the animal shall be otherwise responsible for cleanup of all
animal waste deposited upon public property by the animal.
C. The restrictions of this section do not apply to animals that are part of a parade or other
legally sanctioned event held in the city; however, all animals participating in such
events are still subject to waste and cleanup requirements.
ARTICLE 6. DANGEROUS ANIMALS
§ 95.90 Keeping of Animals
§ 95.91 Other Animals
§ 95.92 Dangerous Animals Prohibited
§ 95.93 Exceptions
15
§ 95.90 Keeping Of Animals
The keeping of animals except for domesticated pets inside of the dwelling unit shall be
prohibited.
§ 95.91 Other Animals
No person who owns or who has custody of any horse, mule, sheep, goat, swine, fowl,
poultry, cattle, monkey, domesticated snake, cat, or any other animal shall permit the same to run
at large in the city. Any animal or fowl found running at large shall be impounded by the
Animal Control Officer who will then proceed, pursuant to §§ 95.33 through 95.36.
§ 95.92 Dangerous Animals Prohibited
A. No person shall harbor, maintain, or control any dangerous animal within the city.
B. A dangerous animal is 1 which is capable of inflicting severe bodily harm to humans,
and shall include but not be limited to the following species:
1. Class Mammalia.
a. African buffalo (Syncerus caffer);
b. Hippopotamus (Hippopotamus amphibious);
c. Wolves, dingoes, jackals, all species except foxes (Family Canidae);
d. Hyenas, all species except aardwolves (Proteles cristatus)(Family Hyaenidae);
e. Wolverine (Gulo gulo);
f. Honey badger or ratel (Mellivora campensis);
g. Old World badger (Meles metes);
h. Bears (Family Ursidae);
i. Lions, jaguars, leopards, tigers (Genus Panthera);
j. Clouded leopard (Neofelis nebulosa);
k. Cheetah (Acinonyx jubatus);
1. Cougar or mountain lion (Felis concolor);
in. Elephants (Family Elephantidae);
Ko
n. Rhinoceroses (Family Rhinocerotidae);
o. Gibbons, siamangs (Family Hylobatidae);
p. Orangutans, chimpanzees, gorillas (Family Pongidae);
q. Baboons, drills, mandrills (Genus Papio);
r. Macaques (Genus Macaca); and
s. Gelada baboon (Theropithecus gelada).
2. Class Repitilia.
a. Gavials (Family Gavialidae);
b. Crocodiles (Family Crocodylidae);
c. Alligators, caimans (Family Alligatoridae);
d. Cobras, coral snakes (Family Elapidae);
e. Sea Snakes (Family Hydrophidae);
f. Adders, vipers (Family Viperidae);
g. Pit Vipers (Family Crotalidae); and
h. All venomous rear -fanged species (Family Colubridae).
3. The following species of constricting snakes over 8 feet in length.
a. Boa constrictor (Boa constrictor), all subspecies;
b. Anaconda (Eunectes murinus);
c. Indian python (Python molurus);
d. Reticulate python (Python reticulatus); and
e. Rock python (Python sebae).
4. Other.
a. Gila monsters and beaded lizards (Family Helodermatidae); and
b. Komodo dragon (Varanus komodoensis).
17
§ 95.93 Exceptions
A. This section does not apply to animals which are temporarily brought into the city
for the purpose of participating in any circus or show; nor does it apply to any public zoo, or
persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona
fide research institution, or veterinary hospital, provided protective devices adequate to prevent
such animal from escaping or injuring the public are provided.
B. In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155,
subd. 7 shall apply.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo,
SECTION 4. Adoption Date. This Ordinance 08-088 was adopted on this fifteenth day of
October 2013, by a vote of Ayes and _ I Nays. IR Lv *ite.-NA Y
LAKE ELMO CITY COUNCIL
Z -
Mike Pearson
Mayor
ATTEST:
Adam Bell
City Clerk
This Ordinance 08-088 was published on the 23ODday of V(.TO 2'E12, , 2013.
W.
Affidavit ®f Publication
State of Minnesota
County of Washington SS
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKnAT.F,-T,AKF FT MO RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-088
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 23RD day of
OCTOBER , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFG H IJ KLMNOPQ RSTUVWXYZ
*abcdefg h ijklm nopq rstuvwxyz
Subscribed and sworn to before me on
this 23RD day of OCTOBER 13
Notary Public
BY:
TITLE LEGAL COORDINATOR
'Alphabet should be in the same size and kind of type as the notice.
.A R WHIT
"wouir �t PugiiC-I'Vlsvinesoif
RATE INFORMATION
My CUmmf9aIM EXPires Jan 31, 2015
'aPi,✓+p`»'�PF!`,...��100�P'*llE�^+�4fi!NY4°b1N".: s.°4R4c.^,f^.,.'�
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-088
AN ORDINANCE AMENDING
THE ANIMALS CHAPTER
OF THE GENERAL
REGULATIONS OF THE
CITY OF LAKE ELMO.
Section 1: Ordinance 08-088 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-088, which replaces the current
sections of the City Code
pertairiing` � t6 '' Anitnaf's. The
ordinance includes the, following
provisions.
• The ordinance regulates dog
and cat ownership and care in the
City of Lake Elmo
The ordinance regulates licensing
of dogs in the City of Lake Elmo
• The ordinance prohibits
unreasonable disturbances by
animals in the City of Lake Elmo
- The ordinance adds a section on
Requirements for Horse -Drawn
Vehicles to the Horses Article.
The r,ordinance adds an
Exceptions section to the
Dangerous Animals Article.
The full text of Ordinance No. 08-
088 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2: Effective Date: This
ordinance shall become effective
immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 15th
day of October, 2013.
Ayes: 4
Nays: 1, Bloyer
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmo: Oct. 23, 2013)
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-089
AN ORDINANCE AMENDING MUNICIPAL FEES
The Lake Elmo City Council hereby adopts the following fee schedule amendment and
directs that it be added to the Lake Elmo Municipal Code as Appendix A.
• Change of $20 Dog License Fee to $20 Dog License — altered Fee
• Addition of $25 Dog License — unaltered Fee
• Addition of $2.50 per month late fee for Dog Licenses
ADOPTION DATE: Passed by the Lake Elmo City Council on the fifteenth day of October,
2013 by a vote of _57 Ayes and 0 Nays.
CITY OF LAKE ELMO
By:
Mike Pearson
Mayor
ATTEST:
A am Bell
City Clerk
EFFECTIVE DATE: This ordinance shall become effective immediately upon adoption and
publication.
PUBLICATION DATE: Published on the � day of C^IGT� �� 2013.
ORDINANCE 08-089
Affidavit ®f Publication
State of Minnesota
Ss
County of Washington
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKpAT.F-T.AKF FT Mo RFVTFW and has full knowledge of the facts which are
stated below. -
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-089
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 23RD day of
OCTOBER , 20 13 , and was thereafter printed and published on every
to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJ KLM NOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefg h ijklmnopq rstuvwxyz
Subscribed and sworn to before me on
this 23RD day of OCTOBER 13
Notary Public
BY: a"�it ' e
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
.,
°'" �� t��zar� F'ubiic-Minn�sr�ta RATE INFORMATION
'"�.«.�.! kib%ornmtssia<,-s Expires Jan 3t, 2J't5
,n
(1) Lowest classified rate paid by
commercial users for comparable space ..........................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter.
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 08-089
-AN ORDINANCE AMENDING
MUNICIPAL FEES
The Lake Elmo City Council hereby
adopts the following fee schedule
amendment and directs that it be
added to the Lake Elmo Municipal
Code as Appendix A.
• Change of $20 Dog License Fee
to $20 Dog License — altered Fee
• Addition of .$25 Dog License —
unaltered Fee
• Addition of $2.50 per month late
fee for Dog Licenses
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 15th
day of October, 2013.
EFFECTIVE DATE: This ordinance
shall become effective immediately
upon adoption and publication.
Ayes: 5
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /st Adam Bell, City Clerk
(Oakdale -Lake Elmo: Oct. 23, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.08-090
AN ORDINANCE AMENDING SECTION 150.277 OF
THE LAKE ELMO CITY CODE OF ORDINANCES GOVERNING
STORM WATER AND EROSION AND SEDIMENT CONTROL
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 150.277 subdivision (A) (1)
is hereby amended to read as follows:
(1) All storm water management plans shall meet the minimum requirements of the NPDES Construction
Stormwater Permit (Permit No. MNR100001), the minimum requirements of the watershed(s) having
jurisdiction over the site(s), the City Engineering Design Standards, and other regulatory agencies. A
storm water management plan must be submitted to the city for review and approval concurrently with
the submittal to the watershed(s) having jurisdiction over the site(s).
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 150.277 subdivision (A) (2)
(a) and (b) are hereby amended to read as follows:
(2) Storm Water Criteria. Storm water management plans will be assessed for stormwater rate control and
storm water quality management to reduce the impacts of the land activity.
(a) Rate control requirements. The stormwater management plan shall demonstrate that all rate control
requirements of the NPDES Construction Stormwater Permit (Permit No. MNR100001) and the
watershed(s) having jurisdiction over the site(s) are met. Storm water best management practices to
meet this requirement shall be designed and constructed in accordance with the most current
version of the City Engineering Design Standards. The City Engineer retains the authority to
require the above conditions to apply to the rate of storm water runoff discharging at any point
leaving the site.
(b) Water Quality Control Requirements. The stormwater management plan shall demonstrate that all
water quality control requirements of the NPDES Construction Stormwater Permit (Permit No.
MNR100001) and the watershed(s) having jurisdiction over the site(s) are met. Storm water best
management practices to meet this requirement shall be designed and constructed in accordance
with the most current version of the City Engineering Design Standards. The City Engineer retains
the authority to require the above conditions to apply to the rate of storm water runoff discharging
at any point leaving the site.
Section 3. Adoption Date. This Ordinance 08-090 was adopted on this fifteenth day of October, 2013, by a vote
of j Ayes and D Nays.
LAKE E Cl Y CO
Mike Pearson, Mayor
ATTEST:
46Tdam Be 1, City Clerk
This Ordinance No. 08-090 was published on the 1-;Allday of OM , 2013.
Affidavit ®f Publication
State of Minnesota
nnesota
County of Washington SS
ANNE THILLEN
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKT)AT .F-T AKF FT M0 RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-090
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY the 23RD day of
OCTOBER , 20 13 , and was thereafter printed and published on every
including
the day of
to and
20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFG H IJ KLM NOPQRSTUVWXYZ
'abcdefgh ijklm nopq rstuvwxyz
Subscribed and sworn to before me on
this 23F�D day of OCTOBER 0 13
J T_
Notary Public
BY: I., -al. :2k�
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
$� Notary ubidc tubmeMota RATE INFORMATION
t
itgy C,ammisslcxn Expirtss .4an 31, 20!.''a
�r«ren.4hr.�m•ea�+ne�+w�r+r�r�sv�•t,fb��,ror>a �r..
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-090
AN ORDINANCE AMENDING
SECTION 150.277 OF
THE LAKE ELMO CITY
CODE OF ORDINANCES
GOVERNING STORM WATER
AND EROSION AND
SEDIMENT CONTROL.
Section 1. Ordinance 08-090 The
City Council of the City of Lake Elmo
has adopted Ordinance No. 08-090,
which replaces the current sections
of the City Code pertaining to Storm
Water and Erosion and Sediment
Control. The revisions to the Lake
Elmo stormwater management
ordinance are being proposed to
better align the regulation of
stormwater management in the city
with the new State and Watershed
rules and to simplify permitting and
compliance requirements with the
rules.
In compliance with the • Federal
Clean Water Act, the Minnesota
Pollution Control Agency (MPCA)
maintains permitting authority to
manage stormwater and improve
water quality throughout the state.
The MPCA Stormwater Program
includes two general stormwater
permits that have been reissued on
August 1, 2013 to comply 'with
changing, federal rules and
incorporate changes needed to
enhance compliance with the permit.
The MPCA issues the Minnesota
NPDES/SDS • Construction
Stormwater General Permit
(R1000001) to protect water
resources from contaminants in
runoff from construction sites. The
MPCA also issues the General
NPDES/SDS Permit MNR040000 for
Municipal Separate Storm Sewer
Systems (MS4s) to regulate
stormwater discharge from counties,
cities, townships and other
government entities in urbanized
areas.
Through the reissuance of these
two permits the MPCA has included
new requirements for construction
projects and by MS4's for controlling
stormwater discharge volume, Total
Suspended Solids (TSS) and
Phosphorus; which will require
increased infiltration of stormwater
runoff for new development and
redevelopment projects.
In addition, the Valley Branch
Watershed District (VBWD) is
updating their Rules and Regulations
to comply with the changes in federal
and state rules. Among these
changes the VBWD is increasing the
volume control design standard to
capture and retain on site 1.1 inches
of stormwater runoff from the new
and/or fully reconstructed impervious
surface. This design standard was
previously 0.5 inches.
Ordinance 08-090 revises Section
150.277 Performance and Design
Standards to;
• Eliminate the requirement by
applicants to prepare and submit for
approval by the City a Storm Water
Management Plan using stormwater
modeling design criteria that is
different from the State and/or local
Watershed District(s). Instead the
Stormwater Management Plan must
be submitted to the City, but will be
the same Stormwater Management
Plan already prepared for watershed
district and/or State approvals.
Align the stormwater rate control
requirements by the city with the rate
control requirements of the State and
local Watershed(s).
• Align the water quality control
(volume) requirements by the city
with the water quality control
(volume) requirements of the State
and local Watershed(s)..
The full text of Ordinance No. 08-
090 is available for inspection at
Lake Elmo city hall during regular
business hours.
Section 2• Effective Date- This
ordinance shall become effective
Immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 15th
day of October, 2013.
Ayes: 5
Nays: 0
/s/ Mike Pearson, Mayor
Attest: /s/ Adam Bell, City Clerk
(Oakdale -Lake Elmd:'Oct. 23, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-091
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING
A VMX - VILLAGE MIXED USE ZONING DISTRICT TO THE ZONING ORDINANCE
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 11 - VILLAGE MIXED USE DISTRICT
5154.500 Purpose and District Description
5154.501 Permitted and Conditional Uses
5154.502 Lot Dimensions and Building Bulk Requirements
5154.503 Dimensional Requirements and Preservation of Open Space
5154.504 General Site Design Considerations - LMX District
5154.505 Development Standards for Specific Uses
5154.506 VMX District Design and Demolition Review
5154.507 Accessory Uses and Structures
5154.508 Residential Accessory Structures
5154.509 Accessory Uses
5154.510 Accessory Uses and Structures Not Listed
5154.500 Purpose.
The purpose of the VMX district is to provide an area for compact, mixed use development made
mutually compatible through a combination of careful planning and urban design and coordinated
public and private investment. This district is intended to continue the traditional mixed use
development that has occurred in the Village area by allowing retail, service, office, civic and public
uses as well as residential units. The mixture of land uses within the district is essential to establishing
the level of vitality and intensity needed to support retail and service uses. The placement of building
edges and treatment of building, parking, landscaping, and pedestrian spaces is essential to creating
the pedestrian friendly environment envisioned for the VMX district. The standards in this chapter are
intended to implement and effectuate the principles and relationships established in the Village Master
Plan, which will be carried out through specific standards related to site planning, signage,
architecture, building materials, and landscaping. Renovation and infill of traditional storefront -type
buildings is encouraged, and parking standards may be waived to recognize the availability of on -street
and shared parking facilities.
5154.501 Permitted and Conditional Uses.
Table 11-1 lists all permitted and conditional uses allowed in the urban residential districts. "P"
indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited.
Cross-references listed in the table under "Standards" indicate the location within this Ordinance of
specific development standards that apply to the listed use.
A. Combinations of uses. The following use types may be combined on a single parcel:
1. Principal and accessory uses may be combined on a single parcel.
2. A principal and secondary dwelling unit may be combined according to the standards of
Seczion 1 u5. it ;. .
3. Single-family attached or multi -family complexes designed for rental or condominium
occupancy, since these typically include multiple units and buildings on a single parcel.
4. Other permitted or conditional uses allowed within the district may be combined on a
single parcel, provided that a unified and integrated site plan is approved. The entire
development must be approved as a conditional use.
5. A mixed -use building that combines permitted or conditionally permitted residential,
service, retail and civic uses may be developed meeting the form standards of this Article.
Office or studio uses on upper stories are encouraged.
Table 11-1: Permitted and Conditional Uses, VMX Districts
i
Standard
Residential Uses
Household Living
Single-family detached dwelling
P*A
Two-family dwelling
P"
"S
Single-family attached dwelling
C_.:
f ;.
Multifamily dwelling
C
m Y,
Secondary dwelling
C
Live -work unit
P
Group Living
Group Home
P
IuS.IO'�.
Group Residential Facility
C j
S.
Congregate Housing
C
' 55`__, s CZ. E
Semi -Transient Accommodations
C
Public and Civic Uses
Community Services
P
S. C .
Day Care Center
P
Public Assembly
C
50-- 1Y
Religious Institutions
C
� v :.5,_J'D_ .
Schools, Public and Private
C.vx.
Services
Business Services
P
Business Center
p
Offices
P
Communications Services
P
Education Services
P
Financial Institution
P
Funeral Home
C
2
Lodging
C
= a
Medical Facility
C
Membership Organization
C..���
r
Nursing and Personal Care
C.i
Personal Services
P
Repair and Maintenance Shop
C
a>
Trade Shop
C
154.505.E
Veterinary Services
C
154.505.G
Food Services
Standard Restaurant
P
154.505.5
Restaurant with Drive -through
C
154.505.5
Drinking and Entertainment
P
154.505.S
Sales of Merchandise
Retail Trade
P
,.."
Farmer's Market
C
Garden Center
C
-.
Neighborhood Convenience Store
P
w' .
Shopping Center
C
Wayside Stand
P
Automotive/Vehicular Uses
Automobile Maintenance Service
C
Automobile Parts/Supply
P
u.
Gasoline Station
C
Parking Facility
C
Sales and Storage Lots
C�.
Outdoor Recreation
Outdoor Recreation Facility
C
,..
Parks and Open Areas
P
Indoor Recreation/Entertainment
Indoor Athletic Facility
C
-.,.
Indoor Recreation
C
Transportation and Communications
Broadcasting or Communications Facility
Cu.'
Accessory Uses
Home Occupation
P
Bed and Breakfast
C
Domestic Pets
P
Family Day Care
P
�.
Group Family Day Care
C 155.111.G
Temporary Sales
P 155.907.1
Parking Facility
P
Solar Equipment
P 155.111.1
Swimming Pools, Hot Tubs, Etc.
P 155.111.J
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses
P
Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection.
Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in 5155.507.B.5
with the exception of building supplies sales and warehouse club sales.
S154.502 Lot dimensions and building bulk requirements.
Lot area and setback requirements shall be as specified in Table 11-2, Lot Dimension and Setback
Requirements.
Table 11-2: Lot Dimension and Setback Requirements, VMX District
VMX
Minimum Lot Area (sq. ft.)a
_..._.._....._.....__..._....-._..._......._..........................._....... _....... _... _......
Non -Residential Use
__._.... _.............. _.... _..... .......... ........_........... ............. _._.......... _.... _.........
None
....... :..... _...... __............... ---.._._..._...... -....... __............ .............. _....... _... _........... _................. _..... _.....
Single Family Detached Dwelling
_.... _... _....................... _..... _..... _...................... _..... _.......... _... :....... _......
5,000
Two -Family Dwelling....(per...unit)...b.........._..... ...................... _............
_....... _.............. ................ _3,000... _........ .......... _....... ......
.__._.._...... __........................................ ....... _._......._...... _._.... ..-_._....................._.__............................ _............................
Single -Family Attached (per unit) `
_...... _..._........ ............... _... _._._..._._........................ ................ _._
2,500
.......... __... _.... _... _...................................-.........._...._......_....... ----._...................... _..
Multi -Family Dwelling ......._........__....__.............._...._..........................._............._......_._.__.............._........-......._......_.
y g (per unit)
1,800
...... _........... _....... .............. __.-...__...._.........-.....---------..................._.__..._...._........._._._..._..._............_........._............._................................_............_.......__........._.....---........
Secondary Dwelling
See 154.454.0
...... .... ........... ..... _... __...... ... __....... ................ ....... _.......... _....................... _.......... _............................ _..... .....
Live -Work Unit
_....... ..................... -... _._......... _................... _..................... _... _.... _.......
3,000
_............................... .................................................. ..... _--........ ................................... _......... ..... _........ _.__.....
Congregate Housing
.... _.... _............ _...... __.._...... _....................... _.._...... __............ -.....
See 155.102
................ _._.............. _..... _........................ ---._..... _....................... _.........
Other Structures
_............................. _............ _................... __... _...... _..... ..... _... _.... --
3,500
_.......---..._._....._.............._............................._._._._..._......._............_...._........................._........._...-............._..........._....._...__..._..............._.........._..._..._........
Maximum Lot Area (acres)
_._ _._._.._..........--............................_...._...__._......_............_....._...._._............._................_.............._._.....__.._.........
Residential Structures
..... ....... ....._.............._..._..._....._._.
N/A
-...._...._---_-ctur.._..-e.s ...........
h
Oter._........Stt. ru
5 _._.......... _........._.........-
- ...._..._.._....._.......----......_......... _.... _......................... _.......... _....... .... _.......... __.......... _......... ....._.........._.............
Minimum Lot Width (feet)
_............... ............_._................ .......... ..... ......... _.... _._.........
---..._..._-.-......._--_._.._.............._...._.....................__.._...._._............._...._._..........._........._............._......_._......---...._._.............._..___....._
Single Family Detached Dwelling
-------------- _......... _.._...._....._
50
.................................... ........... .......... -... ........_........................................ __.......................... ._...b_.._._.... _.............. ._............. _.
Two -Family Dwelling (per unit)
...... _................................ ........... __.................. _......... _... ........... _.... _
30
_.... _..... _... _......... ..... _._.................... _...... ---....... __......... ----.............................. _..... ..... _.... -........ _........... _........
Single -Family Attached (per unit)`
_... ............. ..... _... _........................ _._........ _.__.............. _.
25
..... _........ -.._......... ..... _.... _........... _......... _..... _-..-....... _..... _... __....... _............. _ .............. _.......... _...----.... -...... ....
Multi -Family Dwelling (per building)
__....... ............ ........ _... _... _................. __... _ ...... _...... ....... __.........
75
4
............................................................................... ......................................................... ........................... .............. ................. -..........
Live -Work Unit
.....................................................................................................................................................................................................................................................................................................................................
.............................................................................. ...........................................
25
..................................................................................................................................................................................................................................................................
Maximum Heig�ht feet/stories
d
35/3
................................................................. ............. ....... ................................................................. ....................... .................................................................
Maximum Impervious Coverage
...................... ........................................... I....................
_._._............................_.............................................................................._..._.............................................................................o
Residential Structures
...........................
75%
............................... .................. __................................... ...................................................................................
Other Structures
.......................................................................................................................................................................................................................................................................................................................................
..............................................
No Limit
....................................................................... ............................__........... .................... ............_.................................................. ...............................................
Minimum Building Setbacks (feet)
.......................................... .......................................
................................................................................................ .......................... .....................................................................
_e.......
Front Yard
....................................................... -..................................... I ............
See 155.506
...................................................................................................... f.................................................................................................................................................................................................
Interior Side Yard
...........................
10
.............................................................................................................................................................................................................................................................
Corner Side Yard B
0
...........11-..............................................................................................................................
Rear Yard
1..0......................................................
Notes to VMX District Table
a. No development may exceed the residential density range as specified in the Comprehensive
Plan for the Village Mixed Use land use category.
b. Two-family units may be side -by -side with a party wall between them ("twin") or located on
separate floors in a building on a single lot ("duplex"). The per -unit measurements in this table
apply to "twin" units, whether on a single lot or separate lots. The standards for single-family
detached dwelling shall apply to a "duplex" containing two vertically -separated units on a
single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard is also used for multifamily dwellings.
d. Buildings up to 45 feet in height may be permitted as part of a PUD.
e. The front yard setback for single family homes shall be 25 feet.
f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned
parcels or those parcels with residential uses as the sole use.
g. Corner properties: the side yard fa4ade of a corner building adjoining a public street shalt
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be shown in the table.
§154.503 Dimensional Requirements and Preservation of Open Space
A. Averaging of Lot Area. When lots are clustered within a development to provide common open
space, the open space may be used to calculate an average density per lot to determine
compliance with the individual lot area requirements.
B. Lot Dimension Reductions. Other reductions in dimensional standards may be considered as
part of a Planned Unit Development if these reductions provide for common open space within
a development.
S154.504 General Site Design Considerations VMX District
Development of land within the VMX District shall follow established standards for traffic circulation,
landscape design, and other considerations as specified in ;'!-Cries 5. 6 � n.r
A. Circulation. New access points to State Highway 5 may be refused or restricted to right -in
right -out movement if alternatives exist. Internal connections shall be provided between
parking areas on adjacent properties wherever feasible.
1. The number and width of curb -cuts shall be minimized. To promote pedestrian circulation,
existing continuous curb -cuts shall be reduced to widths necessary for vehicular traffic, and
unnecessary or abandoned curb cuts shall be removed as parcels are developed.
B. Fencing and screening. Fencing and screening walls visible from the public right-of-way shall be
constructed of materials compatible with the principal structure.
C. Lighting design. Lighting shall be integrated into the exterior design of new or renovated
structures to create a greater sense of activity, security, and interest to the pedestrian, and
shall comply with §" 5 .03V,_" 5 s.038 LiQh .inQ,, m are onfro', and Exterior Lighting Stony ar-J'v.
D. Exterior Storage. Exterior materials storage must be screened from view from adjacent public
streets and adjacent residential properties, by a wing of the principal structure or a screen
wall constructed of the same materials as the principal structure. Height of the structure or
screen wall must be sufficient to completely conceal the stored materials from view at eye
level (measured at six feet above ground level) on the adjacent street or property.
E. Screening of Existing Residential Structures. When a new development is proposed adjacent to
an existing single family residential structure, screening shall be provided in accordance with
5154.258.F. The City may require buffering or screening above and beyond this section in cases
where the required screening will not provide an adequate separation between incompatible
uses.
5154.505 Development Standards for Specific Uses
Development of land within the VMX District shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specified in ;; ;7. The
following standards apply to specific uses; other standards related to design and building type may be
found at 5154.506.
A. Single -Family and Two -Family Dwellings.
1. Single -Family Dwellings are limited to those existing at the time of adoption of this
Ordinance. Existing single-family dwellings shall be considered permitted uses, rather than
nonconforming uses.
2. Unless otherwise specified in this Article, Single and Two Family dwellings in the VMX
district shall adhere to the MDR district setbacks as specified in §" 54.452
Single -Family Attached Dwellings.
1. A maximum of eight (8) units shall be permitted within a single building.
2. Townhouse dwellings shall be located on lots in such a way that each individual unit has a
minimum of twenty-five (25) feet of public street frontage. No parking shall be located in
the front yard or between the front facade and the street.
3. The primary entrance to each unit shall be located on the facade fronting a public street;
an additional entrance may be provided on the rear or side facade.
4. Common open space for use by all residents or private open space adjacent to each unit
shall be provided. Such open space shall comprise a minimum of three hundred (300)
square feet per unit.
C. Multi -Family Dwelling Units. Dwelling units (both condominium and rental) are restricted to
the upper floors or rear or side ground floors of a mixed -use building.
1. No parking shall be located in the front yard or between the front facade and the street
D. Secondary Dwellings. Restricted to lots occupied by single-family dwellings, and must meet
the standards for secondary dwellings in residential districts, 5154.134.C.
E. Repair and Maintenance Shop. No outdoor storage is permitted unless fully screened from
public view.
Trade Shop. Exterior materials storage must be totally screened from view from adjacent
public streets and adjacent residential properties by a wall of the principal structure or a
screen wall constructed of the same materials as the principal structure.
G. Veterinary Services. All activities must be conducted within an enclosed building.
H. Garden Center.
1. The storage or display of any materials or products shall meet all setback requirements of a
structure, and shall be maintained in an orderly manner. Screening along the boundaries
of adjacent residential properties may be required, meeting the standards of A" -l- 6,
2. All loading and parking shall be provided off-street
3. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained
so as to prevent any effects on adjacent uses.
Automobile Maintenance Service and Automobile Parts/Supply.
1. All vehicle repairs shall be conducted in a completely enclosed building.
2. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet
all setback requirements of a structure, and shall be totally screened from view from
adjacent public streets and adjacent residential properties.
Live -Work Unit. The purpose of a live -work unit is to provide a transitional use type between a
home occupation and a larger commercial enterprise, and to provide neighborhood -oriented
commercial services, while maintaining a generally residential character in which the work
space is subordinate to the residential use.
1. The work space component shall be located on the first floor or basement of the building.
2. The dwelling unit component shalt maintain a separate entrance located on the front or
side facade and accessible from the primary abutting public street.
3. The work space component of the unit shall not exceed thirty (30) percent of the total
gross floor area of the unit.
4. A total of two (2) off-street parking spaces shall be provided for a live -work unit, located
to the rear of the unit, or underground/enclosed.
5. The size and nature of the work space shall be limited so that the building type may be
governed by residential building codes. An increase in size or intensity beyond the
specified limit on floor area would require the building to be classified as a mixed -use
building.
7
6. The business component of the building may include offices, small service establishments,
home crafts which are typically considered accessory to a dwelling unit, or limited retailing
(by appointment only) associated with fine arts, crafts, or personal services. It may not
include a wholesale business, a manufacturing business, a commercial food service
requiring a license, a limousine business or auto service or repair for any vehicles other
than those registered to residents of the property.
7. The business of the live -work unit must be conducted by a person who resides on the same
Lot. The business shall not employ more than two (2) workers on -site at any one time who
live outside of the live -work unit.
K. Parking Facility. Structured parking is permitted as a ground floor use within a mixed -use
building, provided that it is located on side or rear facades, not facing the primary abutting
street. The primary street -facing facade shall be designed for retail, office or residential use.
The primary street facade may include an entrance into the parking facility.
L. Outdoor Dining Accessory to Food Services. Outdoor dining is allowed as an accessory use in
the commercial districts, provided that tables do not block the sidewalk. A minimum of five
(5) feet of sidewalk must remain open.
§154.506 VMX District Design Review
A. Review of Design. For certain development activity as specified in the Lake Elmo Design
Standards Manual, design review is required as part of the approval process for a permit or
certificate under this Ordinance. All projects subject to design review shall be reviewed for
conformance with the Lake Elmo Design Standards Manual. A separate process for design
review is not established.
1. Review Authority and Process. Design review shall be the responsibility of the individual or
body authorizing the permit or certificate and shall be incorporated in the established
review of the applicable permit or certificate. For those applications under this Ordinance
that require review by the Planning Commission, the Planning Commission shall consider
the standards in the Lake Elmo Design Standards Manual as part of its recommendation to
the City Council.
2. Review by Professional. The authorizing body may request review by a design professional
of the proposed design or demolition. The cost of review by such design professional shall
be charged to the applicant, and shall not exceed $1,000 unless otherwise agreed to by the
applicant.
3. Development Activity Defined. Development Activity consists of new construction and
redevelopment activities, including remodeling that expands the footprint of a structure,
altering, or repairing a structure in a manner that will change the exterior appearance of
said structure. Development activity also includes the construction of new parking lots and
installation of signage.
a. Exempt Activities. The following activities shall be exempt from review under this
Section:
i. Ordinary repairs and maintenance that will not change the exterior appearance of
a structure;
ii. Removal of existing signage without replacement unless said signs are an integral
part of the building;
iii. Emergency repairs ordered by the Director of Planning in order to protect public
health and safety;
iv. Exterior alteration, addition, or repair of a structure used as a single-family
residence, duplex, or two-family residence.
v. Temporary signage, installed in accordance with ' of this Ordinance, or
during which time an application for permanent signage is pending under this
Ordinance;
vi. Maintenance of existing signage advertising an on -site business;
vii. Alterations only to the interior of a structure.
5154.507 Accessory Uses and Structures.
Accessory uses are listed in the VMX District Use Table as permitted or conditional accessory uses.
Accessory uses and structures in the VMX District shall comply with the following standards and all
other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to
the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
�. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
9154.508 Residential Accessory Structures.
On parcels used for residential structures within the VMX District, the design and construction of any
garage, carport, or storage building shall be similar to or compatible with the design and construction
of the main building. The exterior building materials, roof style, and colors shall be similar to or
compatible with the main building or shall be commonly associated with residential construction.
A. Attached structures. An accessory structure shall be considered attached, and an integral part
of, the principal structure when it is connected by an enclosed passageway. All attached
accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages.
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the
primary facade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary facade; or
c. The width of the attached garage shall not exceed 40% of the width of the entire
principal building facade (including garage) fronting the primary street.
2. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground
floor level except by conditional use permit.
3. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached structures. Detached accessory structures for permitted residential structures in the
VMX District accordance with the following requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level
and shall not exceed a height of twenty-two (22) feet or the height of the principal
structure, whichever is higher. The maximum size and height may be increased upon
approval of a conditional use permit, provided that lot coverage requirements are
satisfied.
3. Pole barns, as defined herein, shall be prohibited.
4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
5154.509 Accessory Uses.
A. Exterior Storage on Residential Parcels. All materials and equipment shall be stored within a
building or be fully screened so as not to be visible from adjoining properties, except for the
following:
1. Laundry drying,
2. Construction and landscaping materials and equipment currently being used on the
premises. Materials kept on the premises for a period exceeding six (6) months shall be
screened or stored out of view of the primary street on which the house fronts.
3. Agricultural equipment and materials, if these are used or intended for use on the
premises.
4. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article
5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and
screened from view from adjacent properties.
6. Outdoor parking.
Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all
residential districts, limited to two (2) per calendar year per residence, not to exceed four (4)
days in length for each event.
S154.510 Accessory Uses and Structures Not Listed.
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in A, 7 SDe' These include uses
such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pools and solar equipment.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
10
SECTION 3. Adoption Date. This Ordinance 08-091 was adopT
don this 61h day of
November 2013, by a vote of - Ayes and —L Nays. C �Tq
LAKE ELM COU
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-091 was published on the ]V day of WOV049CU, , 2013.
11
Affidavit ®f Publication
ion
State of Minnesota
SS
County of Washington
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as 0AKT)A1F-T AKF FT Mil RFVTFW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedORDINANCE NO. 08-091
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY , the 13TH day of
NOVEMBER , 20 13 , and was thereafter printed and published on every
including , the day of
to and
20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefgh ijklmnopq rstuvwxyz
Subscribed and sworn to before me on
t is 13TH day of NOVEMBER 0 13
Notary Public
BY:—j/*W
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
TONYA R. WHITEHEAD
Notary Public -Minnesota RATE INFORMATION
My commission ExPims Jan 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space .......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
01/13
$25.00 per col. inch
$25.00 per col. inch
$ per col. inch
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-091
AN ORDINANCE AMENDING
THE LAKE ELMO CITY CODE
OF ORDINANCES BY
ADDING A VMX — VILLAGE
MIXED USE ZONING
DISTRICT TO THE ZONING
ORDINANCE
Section 1: Ordinance 08-091 The
City Council of the City of Lake
Elmo has adopted Ordinance No.
08-091, which adopts the Village
Mixed -Use (VMX) zoning district
into the City's Zoning Code and
includes the following provisions:
• The ordinance establishes the
purpose of the VMX zoning
district.
• The ordinance establishes
permitted and conditional uses within
the VMX zoning district.
• The ordinance specifies
dimensional and building bulk
requirements in the VMX district.
• The ordinance includes general site
design provisions that specifically
relate to the mixed -use areas.
• The ordinance includes standards
for specific use classifications within
the VMX zoning district.
• The ordinance establishes design
review procedures and integrates
the Lake Elmo Design Standards
Manual by reference.
• The ordinance specifies
dimensional and bulk requirements
for accessory structures and
standards for accessory uses within
the VMX zoning district
The full text of Ordinance No. 08-
091 is available for Inspection at
Lake Elmo city hall during regular
business hours.
Section 2: Effective Date: This
ordinance shall become effective
immediately upon adoption and
publication.
ADOPTION DATE: Passed by the
Lake Elmo City Council on the 6th
day of November, 2013.
Ayes: 4
Nays: 1, Smith
/s/ Mike Pearson, Mayor
Attest: /a/ Adam Bell, City Clerk
(Oakdale -Lake Elmo Review: Nov.
13, 2013)
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-092
AN ORDINANCE AMENDING SECTION 32.081 OF THE LAKE ELMO CITY CODE OF
ORDINANCES GOVERNING CITY ORGANIZATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Section 32.081 is
hereby amended to read as follows:
The Parks Commission is established to review and make recommendations to the Council on
the future development of city parks, including the establishment of and improvements to the
parks, and to make recommendations to the Council on policies governing the maintenance and
public use of the parks within the city.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-092 was adopted on this fifteenth day of
October 2013, by a vote of �;— Ayes and D Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson
Mayor
ATTEST:
tMrn BCity Clerk
ell
Ordinance 08-092 was published on the day of , 2013.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-093
AN ORDINANCE IMPLEMENTING THE CITY ELECTRICAL PERMITTING AND
INSPECTION PROGRAM
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Building Regulations, Section 151.002 to read the following language:
§ 151.002 CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM
1. Authority to inspect. The City of Lake Elmo derives its authority to provide inspection
of electrical installations pursuant to Minnesota Statues 326B.36, subd. 6, and the City of
Lake Elmo desires and intends to provide for all electrical inspections within the City
limits.
2. Lake Elmo Electrical Code. The Lake Elmo Electrical Code shall constitute the
Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry
pursuant to Minnesota Statues, 32613.31 to 326B.399 and said Minnesota Electrical Act is
hereby incorporated by reference as if fully set out herein; and the Lake Elmo Electrical
code shall also include the National Electrical Code incorporated by reference into the
Minnesota State Building Code pursuant to Minnesota Rule 1315.0020, and said National
Electrical Code is hereby incorporated by reference as if fully set out herein. Any
periodic amendments or updates to the Minnesota Electrical Act and to the National
Electrical Code shall be automatically adopted and incorporated into the Lake Elmo
Electrical Code by reference as if set out herein.
3. Compliance. All electrical inspections performed pursuant to this section 151.002 shall
comply with the Lake Elmo Electrical Code which is comprised of the Minnesota
Electrical Act, and the National Electrical Code as incorporated by reference above. An
electrical inspector designated by the City shall be a State Licensed Class A journeyman
electrician ( as defined under Minnesota Statues, 32613.31 subd. 8) or a State Licensed
Class A master electrician (as defined under Minnesota Statues, 326B.31, subd. 9) and
shall be responsible for enforcing the provisions of the Lake Elmo Electrical Code.
4. Electrical permit. An electrical permit is required for each installation, alteration,
addition, or repair of electrical work for light, heat and power within the limits of the
City. Permits for the installation of electrical work in new structures shall only be issued
to electrical contractors duly licensed by the State or to resident owners who own and
ORDINANCE 08-093
will occupy as a residence upon completion of its construction. Electrical plan
submission may be required. Permits for the installation, alteration, addition or repair of
electrical work in existing structures shall only be issued to electrical contractors duly
licensed by the State or to resident owners of property where the work is to be done. No
permit shall be required for electrical installations of equipment owned, leased, operated
or maintained by a public service corporation which is used by said corporation in the
performance of its function as a utility, except that such electrical installation shall
conform to the minimum standards of the National Electrical Safety Code. Before
commencing any installation of any electrical work regulated by the Lake Elmo Electrical
Code, a permit shall be secured from the City.
5. Electrical Inspections Fee Schedule. Shall be set by City Council from time to time.
6. Notice and Appeal. All notices and orders issued pursuant to the Lake Elmo Electrical
Code shall be in conformance in Minnesota Statues, 326B, subd. 4.
7. Violations and penalties. A violation of the Lake Elmo Electrical Code is a
misdemeanor in conformance with the Minnesota Electrical Act's penalty set forth in
Minnesota Statue, 326B.082, subd. 16. In addition violations of City code are subject to
administrative citations and investigative fees per city code.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-093 was adopted on this nineteenth day of
November 2013, by a vote of Ayes and 0 Nays.
LAKE EL ITY CO IL
Mike Pearson, Mayor
ATTEST:
00
Adam Bell, City Clerk
This Ordinance 08-093 was published on the day of , 2013
ORDINANCE 08-093
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-094
AN ORDINANCE AMENDING MUNICIPAL FEES TO INCORPORATE ELECTRICAL
PERMIT FEES
SECTION 1. The City Council of the City of Lake Elmo hereby amends Appendix B of the
Lake Elmo Municipal Code to read as follows:
APPENDIX B: ELECTRICAL PERMIT FEES
Item Description
Fees
Minimum fee (does not include state surcharge)
$38.50
Single Family dwelling and Multi -family dwelling with individual service
$148.50
Multi -family dwelling with common service, each unit
$77.00
Swimming pool, spa, fountain
$84.00
Finish basement, rough -in and final inspection
$77.00
Amperes service, generators and other power supplies and feeders to separate
structures
0-400 amperes
401-800 amperes
More than 800 amperes
$38.50
$66.00
$110.00
0 to 200 ampere circuits
$6.60
More than 200 ampere circuits
$16.50
Street, parking and outdoor lighting standard
$5.50
Traffic Signals
$5.50
0-10 KVA transformers for light, heat and power
$16.50
More than 10 KVA transformers for light, heat and power
$33.00
Transformers for electronic power supplies, signs and outline lighting
$5.50
Alarm communication, remote control and signal circuits less than 50 volts each
$.83
Electrical re -inspection 2nd Trip
$38.50
Investigation fee for electrical work started without permit. Equal to permit fee
Residential Service Change (fuses to breakers, service upgrade, etc.
$75.00
Hourly rate per State of Minnesota Fee Schedule/ Special inspections
State Surcharge
$5.00
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
ORDINANCE 08-094
SECTION 3. Adoption Date. This Ordinance 08-094 was adopted on this nineteenth day of
November 2013, by a vote of Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
z� -,4 �?
Mike Pea son, or
ATTEST:
am Bell, City Cler
This Ordinance 08-094 was published on the day of , 2013
ORDINANCE 08-094
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-095
AN ORDINANCE ADOPTING THE LAKE ELMO DESIGN STANDARDS MANUAL AND
ESTABLISHING DESIGN REVIEW PROCEDURES IN THE URBAN RESIDENTIAL AND
COMMERCIAL ZONING DISTRICTS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, City Code Section 154.455 by adding the following
language:
§154.455 Residential District Design Standards
Review of Design. For certain development activity as specified in the Lake Elmo Design Guidelines
and Standards Manual, design review is required as part of the approval process for a permit or
certificate under this Ordinance. All projects subject to design review shall be reviewed for
conformance with the Lake Elmo Design Guidelines and Standards Manual and shall follow the
review procedures specified in § 154.506.A.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, City Code Section 154.555 by removing the following
language:
§154.555 Commercial District Design Standards
(A) Purpose and Intent. It is the purpose and intent of the city, by the adoption of the
performance standards of this article, to ensure commercial buildings constructed within the city
are of a high quality of exterior appearance and consistent with the Comprehensive Plan. These
standards shall apply to all commercial districts within the city.
(1) It is the finding of the city that a limited selection of primary exterior surfacing
materials meets this standard of quality.
(2) It is the further finding of the city that several specific exterior surfacing materials
are appropriate, and of sufficient quality, to be utilized only as accent materials in varying
percentages. The variations of percentage of specific accent materials relates to a finding by the
city as to the relative quality and rural character of those respective accent materials.
(B) Architectural and Site Plan Submittals. New building proposals shall include
architectural and site plans prepared by registered architect and shall show the following as a
minimum:
(1) Elevations of all sides of the buildings;
(2) Type and color of exterior building materials;
(3) Typical general floor plans;
(4) Dimensions of all structures; and
(5) Location of trash containers, heating, cooling and ventilation equipment and
systems.
1
(C) Applicability - Structure Additions and Renovation.
(1) Additions to existing structures resulting in an increase of gross floor area of the
structure of less than.100%; and/or installation of replacement exterior surfacing of any portion
of an existing structure shall be exempt from the standards of this division where it is found that
the new or replacement exterior surfacing proposed is identical to that of the existing structure.
(2) Where additions to an existing structure result in an increase in the gross floor area
of the existing structure of 100% or greater, the entire structure (existing structure and structure
addition) shall be subject to the standards of this section.
(D) Performance Standards - Primary Exterior Surfacing.
(1) The primary exterior surfacing of structures shall be limited to natural brick, stone,
or glass. Artificial or thin veneer brick or stone less than nominal 4 inches thick shall not qualify
as complying with this performance standard.
(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 division. Windows and glass doors shall be considered a primary surface,
but the sum area of this glass shall be deducted from the wall area for purposes of the 70%
primary/30% accent formulas of this chapter. Doors of any type of material, except glass, shall
not be considered a primary exterior surface.
(3) Each wall of the structure shall be calculated separately and, individually comply
with the 70/30 formula.
(E) Performance Standards -Exterior Surfacing Accents. Not more than 30% of the
exterior wall surfacing, as defined by division (D) of this section, 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:
(1) Cedar, redwood, wood siding;
(2) Cement fiber board;
(3) Standing seam metal;
(4) Architectural metal;
(5) Stucco;
(6) Poured in place concrete (excluding "tilt -up" panels);
(7) Architectural metal panels; and
(8) Porcelain or ceramic tile.
(F) Performance Standard - Accessory Structures. All accessory structures shall comply
with the exterior surfacing requirements specified by division (D) of this section.
(G) Performance Standard - HVAC Units and .Exterior Appurtenances. All exterior
equipment, HVAC and trash/recycling and dock areas shall be screened from view of the public
with the primary exterior materials used on the principal structure.
(H) Performance Standard - Visible Roofing Materials. Any roofing materials that are
visible from ground level shall be standing seam metal, fire -treated cedar shakes, ceramic tile,
2
clay tile, concrete or slate.
(I) Applicability - New Construction. The standards of this division shall be applicable to
all structures and buildings constructed in the city, on and after the effective date of this chapter.
The performance standards of this division shall not be in any manner minimized by subsequent
planned unit development plans or agreement.
(Ord. 2012-062, passed 9-18-2012)
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, City Code Section 154.555 by adding the following
language:
§154.555 Commercial District Design Standards
Review of Design. For certain development activity as specified in the Lake Elmo Design Guidelines
and Standards Manual, design review is required as part of the approval process for a permit or
certificate under this Ordinance. All projects subject to design review shall be reviewed for
conformance with the Lake Elmo Design Guidelines and Standards Manual and shall follow the
review procedures specified in § 154.506.A.
SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 5. Adoption Date. This Ordinance 08-095 was adopted on this nineteenth day of
November 2013, by a vote of Ayes and Nays. r'8LJ-Ig4,
LAKE ELMO CITY COUNCIL
Mike Pea on
Mayor
ATTEST:
Adam Bell
City Clerk
This Ordinance 08-095 was published on the day of 2013
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-096
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE CITY'S DRIVEWAY REQUIREMENTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX:
General Regulations; Chapter 93: Streets and Sidewalks; Sections 20 through 27 to
read the following:
DRIVEWAYS
§ 93.20 Purpose
The purpose of §§ 93.20 et seq. is to control the location of driveways and curb cuts in order
that traffic hazards be reduced, adequate street drainage be maintained, and that ingress
and egress from properties shall not constitute a hazard or impair the health, safety, or
general welfare of the residents of the city.
§ 93.21 Permit Requirements
No driveway shall be constructed in any location where motor vehicles will be provided with
access to any public right-of-way without first obtaining a permit for construction. Prior to
the issuance of the permit, the provisions of this Ordinance shall be complied with.
§ 93.22 Application
Applications for permits shall be made in writing upon printed forms furnished by the City.
Each application for a permit shall have thereon the correct legal description of the property
and a drawing of the land showing the location of the proposed driveway with respect to the
boundary lines of the property. The written application shall describe the project along with
a site plan that indicates that the requirements of this Ordinance are met.
§ 93.23 Permit Fees
The permit fees shall be set in the City's Fee Schedule by ordinance by the City Council.
§ 93.24 Permit Revocation
The permit issued may be revoked by the City at any time after its issuance for failure to
comply with the conditions of the permit or the directions of the City relative to the work
covered by the permit.
§ 93.25 General Requirements
A. Licensed Contractor. All work done within the right-of-way of the street shall be done
by a City licensed contractor as specified in Chapter 115 of the City Code.
B. Site Plan. Prior to the construction of a driveway, a scaled plan must be submitted
which indicates the location and specifications for driveways and curb cuts, the widths
and dimensions at the street, property line and building structure, the slope of the
driveway, and the location of the curb box as applicable in accordance with 55 93.20
et seq. The site plan submitted shall be approved prior to the issuance of a permit for
a driveway.
§ 93.26 Driveway Standards
The following regulations shall apply to all driveways and curb cuts. All driveway work shall
be constructed in accordance with the approved site plan. No deviations or changes shall be
made in the field without first obtaining permission from the City.
A. Driveway Width. All driveways shall conform to the following requirements:
1. Residential Districts
a. Minimum Width. All driveways shall have a minimum width of ten (10) feet.
b. Maximum Width. All driveways shall have a maximum width of twenty-two (22)
feet at the point it intersects the right-of-way line. In the absence of platted
right-of-way, the setback at which point the driveway width is measured shall
be established by the prescriptive easement as determined by the City
Engineer.
c. Curb Cut. A curb cut must not exceed the width of the driveway approach at
the property line by more than ten (10) feet.
2. Commercial and Mixed -Use Districts
a. Minimum Width. All driveways shall have a minimum width of twenty (20) feet.
b. Maximum Width. All driveways shall have a maximum width of thirty-four (34)
feet at the point it intersects the right-of-way line.
c. Curb Cut. A curb cut must not exceed the width of the driveway approach at
the property line by more than ten (10) feet.
Vertical Clearance. There must be fourteen (14) feet of vertical clearance above all
driveways.
C. Number of Curb Cuts. In Residential Districts, each property shall be limited to one
curb cut per dwelling unit. Exceptions may be allowed when neither access is onto a
major street, and when the lot exceeds one hundred and fifty (150) feet in width or is
a corner lot. All requests for a second curb cut shall be reviewed by the City Engineer.
D. Distance between Driveways. The minimum distance between curbs of driveways at
right-of-way line shall be 10 feet in any residential district. Lots that have been
developed with zero lot line setbacks may be exempt from this provision. In all other
districts, the minimum distance shall be 20 feet.
E. Distance from Intersection. No driveway or curb cut shall be less than 20 feet from
any right-of-way line of any street intersection, except that in high density residential,
commercial and mixed -use zoning districts, the minimum distance shall be 50 feet.
F. Driveway Angle. All driveways shall connect to the public street at 90 degree angles,
or must be approved by the City Engineer. Exceptions must demonstrate an inability
to meet the 90 degree angle due to extenuating circumstances.
G. Driveway Grade. Driveways exceeding a grade of 10% must be approved by the City
Engineer. Exceptions must demonstrate an inability to meet the 10% maximum grade
due to extenuating circumstances.
H. Driveway Materials.
1. Urban Districts. All driveways shall be constructed of bitumen, concrete or a
durable material approved by the City Engineer.
2. Rural Districts. Driveways may be constructed of crushed rock or equivalent
crushed material provided that the portion of the driveway within the road right-
of-way shall be constructed of bitumen or concrete when accessing an improved
street.
I. Curb Box, Residential Districts. Curb boxes located within driveway shall be protected
with an Al Ford Lid or approved equal.
J. Control of Traffic.
1. Where other alternatives exist, commercial sites should not be accessed from
local residential streets.
2. Traffic shall be controlled to ensure that the location of driveways shall not
constitute a hazard nor be injurious to adjacent residential uses.
K. Access to Major Streets (Thoroughfares). On properties having frontage on both
thoroughfares and minor roads, access shall be provided via the minor road unless
otherwise approved by the City Engineer. Access may be restricted on any non-
residential local road. The number and types of access drives onto major streets may
be controlled and limited in the interests of public safety and efficient traffic flow.
L. State and County Highway Requirements. Driveways constructed to access any street
designated as a state or county highway shall meet all additional specifications of the
appropriate jurisdiction. Access drives onto state and county roads shall require a
review by the road authority and the City Engineer. The state, county and City
Engineer shall determine the appropriate location, size and design of such access
drives and may limit the number of access drives in the interest of public safety and
efficient traffic flow.
M. Distance from Driveways to Side Lot Line. A driveway must be at least 5 feet from any
side lot line.
N. Emergency Vehicle Access. Driveways to principal structures that traverse wooded,
steep or open field areas shall be constructed and maintained to a width and base
material depth sufficient to support access by emergency vehicles.
S 93.27 Parking Areas
The parking restrictions applicable to driveways are stated in the zoning code and §§ 150.001
et seq.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-096 was adopted on this third day of
December 2013, by a vote of + Ayes and v Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, ayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-096 was published on the day of , 2013.
4
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO.08-097
AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2014
The Lake Elmo City Council hereby adopts the following fee schedule for calendar year
2014 and directs that it be added to the Lake Elmo Municipal Code as Appendix A.
Appendix A — 2014 Fee Schedule
ADOPTION DATE: Passed by the Lake Elmo City Council on the 17th day of December,
2014.
CITY OF LAKE ELMO
By.
Mike Pearson
Mayor
ATTEST:
Adam Bell
City Clerk
EFFECTIVE DATE: This ordinance shall become effective on January 1, 2014 following
adoption and publication.
PUBLICATION DATE: Published on the day of 2013.
ORDINANCE 08-097