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HomeMy WebLinkAbout2026-11CITY OF LAI{E ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2026-11 AN ORDINANCE AMENDING THE LAI{E ELMO CITY CODE OF ORDINANCES BY AMENDING TITLE 105, ZONING PERTAINING TO LANDSCAPE SUPPLY SALES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.110 of the City's Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined: deleted language is shown with strikethr-ough): b) Use types and classifications. S) Sales of merchandise. Garden center (retail agriculture) means establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, retail greenhouses, plant stores, and lawn and garden centers. Landscape &upplySales means establishments or places of business operating as an open sales lot and primarily engaged in retail sale from the premises of trees shrubs seeds fertilizers pesticides landscape supplies hardscape materials and plant materials primarily for agricultural residential and commercial consumers Ancillary uses may include nurseries suppl storage, tora e or Drro_perty maintenance services Such establishments may sell products purchased from others and may sell material which they produce on site such as plant materials and trees Such establishments offer loading with equipment and perform delivery and site placement to customer homes 'obsites, and places of business of materials sold. This use can be made compatible with surrounding areas through landscape screening and through separation required by yard and height limitations. Neighborhood convenience store means establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. Retail trade means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. These establishments are characterized by the following: a. They buy and receive as well as sell merchandise; b. They may process some products, but such processing is incidental or subordinate to the selling activities; and c. They predominantly sell to customers for their own personal or household use. The term "retail trade" is divided into the following subcategories for the purposes of this chapter: a. General retail. b. Antiques and collectibles store. c. Art gallery. d. Bicycle sales and repair. e. Book store, music store. f. Clothing and accessories. g. Craft or needlework shop. h. Drugstore, pharmacy. i. Electronics and appliance sales and repair. j. Florists. k. Specialty food store, including bakery, butcher shop, delicatessen, and the like. 1. Jewelry store. m. Hardware store. n. Newsstands, magazine sales. o. Pet store. p. Photographic equipment and supplies. q. Picture framing. r. Secondhand store, thrift or consignment store. s. Sporting goods store. t. Stationery store. u. Tobacco store. v. Video rental or sales. w. Building supplies sales. x. Furniture and appliance sales, rental, showrooms. y. Grocery, supermarket. z. Liquor store. aa. Warehouse club sales. Shopping center means a group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on -site, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements. Wholesaling means establishments engaged primarily in selling merchandise to retailers, or to industrial, commercial, institutional, or professional business customers, or to other wholesalers, or on a mail order basis to individuals or firms, or which serve as agents or brokers buying merchandise for, or selling merchandise to, individuals and companies. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.620 of the City's Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined: deleted language is shown with stril ethr-ough): 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim 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 "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living Single-family LEC detached dwelling P P P P P 105.12.650(a) Secondary P - LEC dwelling 105.12.650(d) Short-term rental P P P P P LEC 105.12.500(f) Services Self service LEC storage facility la la 105.12.650(g) Outdoor Recreation Outdoor C LEC recreation facility 105.12.540(c) Parks and open P P P P P LEC areas 105.12.110(b)(7) Restricted C LEC recreation 105.12.540(b) Agricultural and Related Uses Agricultural LEC 105.12.1420 entertainment I I I - - business Agricultural P P P LEC production 105.12.110(b)(9) Agricultural sales I I I LEC 105.12.1410 business Agricultural C C LEC services 105.12.6500) Forestry P LEC 105.12.110 operations (b)(9) Greenhouses, non- C C C LEC 105.12.110 retail (b)(9) Landscape Sjnnly C LEC Sales - - - - 105.12.650(k) Solar farm I C C LEC 105.12.1470 Wayside stand P P P LEC 105.12.110 Industrial and Extractive Uses Motor freight and la LEC warehousing 105.12.650(g) Environmental Uses Wind Generator — C C C C C LEC Ground Mounted 105.12.560(b) Wind -Generator — LEC Roof/Structure C C C C C 105.12.560(b) Mounted Accessory Uses Bed and breakfast P P P P P LEC 105.12.570 Domestic pets P P P P P LEC 105.12.110(b)(13) Family day care P P P P P LEC 105.12.110(b)(13) Home occupation P P P P P LEC 105.12.110(b)(13) Kennel, private C C C LEC 105.12.110(b)(13) Solar energy P P P P P LEC systems 105.04.220(c) Stable, private C C C LEC 105.12.110(b)(13) Swimming pools, P P P P P LEC 105.08.160 hot tubs, etc. Temporary sales P P P P P LEC 105.12.110(b)(13) Water -oriented LEC 105.12.1230 accessory P P P P P structures Wind Generator — C C C C C LEC Ground Mounted 105.12.560(b) Wind -Generator — LEC Roof/Structure C C C C C 105.12.560(b) Mounted Other structures P P P p p typically incidental and clearly subordinate to permitted uses Commercial LEC wedding I I I 105.04.220(d) ceremony venue Farm Schools, I C C C C 105.12.510 Public and Private Open space preservation development OP development C C Ch. 105.12. Art. XVII Notes to rural districts Table 9-1 a. One dwelling unit per 40 acres applies to all non -farm dwellings. In additional to non -farm dwellings (one 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 ten percent due to road rights -of -way and survey variations. c. Nominal ten acres: A ten -acre parcel not reduced by more than ten percent and/or a ten -acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights -of -way and survey variations. d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the floodplain 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. h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards. SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.650 of the City's Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined: deleted language is shown with str-ilkethr-eugh): Development of land within the rural districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in LEC 105.12, arts. VII, VIII and IX. 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 24 feet in width, at least 960 square feet in area, and be placed on a permanent foundation. (b) Septic drainfield regulation, A, RR, and RS districts. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on -site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations. (c) Septic drainfield regulation, RE district. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on -site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations. (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: 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 three 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. Three spaces of off-street parking required per dwelling unit. (1) Parking standards, RE district. 1. Two enclosed spaces minimum (200 square feet minimum per space). 2. Two exterior spaces within 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 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 four percent 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 percent 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 three 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 six trips per day per acre. 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 I-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 nonconforming structures shall be removed from the site within one 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 shall be reviewed on an annual basis, and may be rescinded, after a two -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 the ordinance from which this chapter is derived. (h) Unserviced lots, RT, A, RR districts. All lots that are subdivided without city sewer and public water service shall meet the following standards: 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. (i) Commercial kennel, commercial stable, or accessory kennel or stable, RT, A, RR districts. The facility shall occupy a site at least ten acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required. 0) Agricultural services and support, RT, A districts. 1. A facility established after the effective date of the ordinance from which this article is derived 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. (k) Landscape Supply Sales. The city recognizes that allowing non-agricultural on -agricultural low impact uses, ma a w a large property owner an economical use of their 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. This use shall only be allowed on a parcel of a nominal 15 acres or larger. 3. This use shall not generate more than three trips per day per acre of contiguous agriculturally zoned area. 4. Any uses under this section involving the outside storage of vehicles, egn_ipment, or goods shall be located a minimum of 200 feet from M public roadway and 50 feet from my adjacent landowner's boundary. In addition, any such outside storage shall be screened from view from adjacent prope y and the public roadwayby berms and landscaping. A plan for such screening shall be submitted with the application for the conditional 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 conditional use permit. 5. The use 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. 6. The property owner shall maintain the remaining land or farm outside of the conditional use permit area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district. 7. Rate and volume of stormwater runoff must meet the requirements of the city's stormwater ordinance. 8. 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 the ordinance from which this chapter is derived. 9. The site operation must meet the requirements of the City's noise and light ordinance. 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 2026-11 was adopted on this 5th day of August 2026, by a vote of 3 Ayes and 0 Nays. ATTEST: LAI{E ELMO CITY COUNCIL % 1 Charles Cadenhead, Maycf This Ordinance 2026.1 V was published on the _ day of - u ^' 2026.