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Home My WebLink AboutFINAL ORDINANCE NO. 08-136CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-136 AN ORDINANCE AMENDING CHAPTER 154, ARTICLE H — DEFINITIONS, SECTION 154.012, SUBD. B. 3. AND ARTICLE VIII, SECTION 154.401 PERMITTED AND CONDITIONAL USES. The City Council of the City of Lake Elmo hereby ordains that Chapter 154, Article II — Defmitions, Section 154.012, Subd. B. 3. is hereby amended to read as follows: 1. Services Business Center. A building or group of buildings planned, constructed, and managed as a total entity, with common on -site parking for a group of commercial service establishments, with office uses also permitted. In the central business district, the requirement for common on -site parking need not be met in order to classify a development a§ a business center. Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, and computer programming/data processing services. Communication Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as essential services or broadcasting and communications towers. Typical uses include television studios, telecommunications service centers, telegraph service offices or film and sound recording facilities. Educational Services. Establishments engaged in furnishing specialized academic or technical courses, normally on a fee basis, such as vocational or correspondence schools, barber college, data processing schools, or secretarial schools, along with non -degree granting schools such as post -secondary colleges and universities, martial arts, music, art, ceramic, and dramatic, schools, and dance instruction. Financial Institution. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and drive -up automatic teller machines (ATMs). Funeral Home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries. Lodging. See Transient Accommodations Medical Facilities. Establishments engaged in providing diagnostic services, extensive medical treatment (including surgical services), and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio-medical research and development, outpatient care facilities, medical schools and associated dormitories, medical appliance sales, and similar uses, but not including animal hospitals. Membership Organization. Organizations operating on a membership basis for the promotion of the interests of the members included such uses as trade associations, business associations, professional membership organizations, labor unions, civic or fraternal organizations, but not including churches, hospitals, golf and country clubs, or credit unions. Nursing and Personal Care. Establishments primarily engaged in providing intermediate or long-term nursing and health related care to individuals, typically classified as nursing homes. Offices. A building or portion of a building use for office purposes by a business, service, professional, or institutional establishment, including medical offices or clinics, studios for those involved in art, sculpture, music, and the like, and all other establishments similar in character. Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as barber shops, clothing rental, salons and health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants) or coin operated laundries. Repair and Maintenance Shop. Establishments engaged in miscellaneous repair services, primarily of household oriented products such as radios, televisions, washers and dryers, furniture (including re -upholstery), small engine repair, bicycles, or locksmiths. Self Service Storage Facility. An establishment designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property. Trade Shop. Any lot, land, building, or structure that serves as the headquarters for contractors involved in specialized activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials used in the business are stored. The category also includes establishments involved in specialized trades such as sheet metal, sign painting, drapers, and exterminators. Transient Accommodations, Lodging. Establishments in which lodging is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from semi -transient boarding or rooming facilities. Typical uses include hotels, motels, and inns. Meeting and restaurant facilities may be included accessory to this use type. Condominium -hotels shall be considered as a type of transient accommodation. Transportation Services. Establishments furnishing services related to the arrangement of persons and goods movements, such as freight forwarding, parking services or the rental/leasing of automobiles or two -axle trucks. Veterinary Service. Establishments engaged in the practice of veterinary medicine, dentistry or surgery, along with those providing animal related services such as kennels, grooming, or breeding services. The City Council of the City of Lake Elmo hereby ordains that Chapter 154 Article VIII, Section 154.401, is hereby amended to read as follows: § 154.401 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 "P' 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 limited use. A. 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 Istanclard Residential Uses Household Living Single-family detached dwelling P P P P P 154.454.A Secondary Dwelling P - 154.404.D Services,.,; Self Service Storage Facility 154.404.G Outdoor:Reaeation Outdoor Recreation Facility C - 155.107.E Parks and Open Areas P P P P P Restricted Recreation - ':, C Agricultural and Related Uses Agricultural Entertainment Business I I I 154.111 Agricultural Production P P P icultural Sales Business I I I - - j 154.110 icultural Services I C j C154.404.J estry Operations P i Table 9-1: Permitted. Conditional and Interim Uses. Rural Districts RT I A RR RS RE Standard Greenhouses, Non Retail i C 1 C C - Wayside Stand P P P 154.454.1) Industrial and Extractive Uses Motor Freight and Warehousing a 154.404.G Accessory Uses Bed and Breakfast C C C 155.111.0 Domestic Pets j P P P 1 P P j Family Day Care P P I P P( P 155.111.G Home Occupation P j P P P P 155.111.A,B Kennel, Private C ! C C - - 154.404.1 Solar Equipment P P P P P j 155.111.1 Stable, Private C C C - 154.404.1 Swimming Pools, Hot Tubs, Etc. P P P I P P 155.111.J Temporary Sales P P I P j P P 155.107.13 Water -Oriented Accessory Structures j P P! P P! P Other Structures Typically Incidental and Clearly Subordinate to Permitted Uses P •. P ! P ( P P Commercial Wedding Ceremony Venue I I I Open Space Preservation Development OP Development C C - j - 154.650 OP -Alt Development C C - 154.700 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. (Ord. 2012-073, passed 3-19-2013) (Ord. 08-107, passed 5-6-201) Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. Adoption Date This Ordinance No. 08-136 was adopted on this 14 th day o 20 vote of 4 Ayes and 0 Nays. Mayor Mike Pearson ATTEST: Julie John n City Clerk This Ordinance No. 08-136 was published on the2.Z4ay oflWtg.2016. Affidavit of Publication State of Minnesota 55 County of Washington JANINE GAFFNEY 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 OAKDALE/I.AKF ELMO 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 printed PUBLICATION OF ORDINANCE 08-136 which is attached was cut from the columnstof said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY , the 22ND day of JUNE , 20 16 , 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 bcdefghijklmnopq rstu mxyz Subscribed and sworn to before me on this 22 NDday of JUNE 16 Jo�� Notary Public 'Alphabet should be in the same size and kind of type as the notice. :Tl�YA R. ""'Inn !o D a Public -Minnesota RATE INFORMATION q'mission Expires Jan 31.2020 (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 01/16 ................$25.00 per col. inch .............................$25.00 per col. inch .............................$ per col. inch CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO.2016.46 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-136 BYT[TLE AND SUMMARY WHEREAS, the City Council of. the City of Lake Elmo has adopted Ordinance No. 08-136, an ordnance to amend the Definitions, Chapter 154, Article It and the Permitted, Conditional and Interim Uses in the Rural Districts, Chapter 154, Article VIII, Section 154.401. WHEREAS, the ordinance - is lengthy; and WHEREAS, Minnesota Stables, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would dearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-136 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, which amends Chapter 154, Article II — Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article II — Definitions, Section 154.012, Subd. 9.3 is amended as follows: J The definition of Commercial Kennel is hereby deleted 7 The definition of Commercial Stable is hereby deleted Article VIII, Section 154.401 Permitted and Conditional Uses is amended as follows: f] Section 154.401 Permitted and Conditional Uses is amended to read: Section 154.401 Permitted, Conditional and Interim Uses - xj Table 9-1: Permitted and Conditional Uses, Rural Districts is hereby tilled: Table. 9-1: Permitted, Conditional and Interim Uses, Rural Districts Dix Cemetery is hereby stricken as a permitted use in the A -Agriculture or RR -Rural Residential Zoning Districts. Commercial Kennel is hereby stricken from the RT- Rural Transitional, A -Agriculture or RR -Rural Residential Zoning Districts. - - R] Commercial Stable is hereby stricken from the A -Agriculture Zoning District. 7 Goff Course is hereby stricken from the A -Agriculture Zoning Districts. The full text of Ordinance No. 08- 136 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Counal of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hail for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: June 14, 2016 Affidavit of Publication State of Minnesota 1 1S County of Washington SS JANINE GAFFNEY 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/LAKE. FLMO 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 printed PUBLICATION OF ORDINANCE 08-136 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 22No day of JUNE , 20 16 , 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 'abcdefg hijklm nopgrstuvwxyz Subscribed and sworn to before me on TILE (VEGAL COORDINATOR ND ? t is day of JUNE , 2016 Notary Public 'Alphabet should be in the same size and kind of type as the notice. :Noo L R.'V TEH£AD D:jry Public -Minnesota RATE INFORMATION sionExpiresJan31.2020 W V b V V Y.+VJSM+V V 1/v,/d (1) Lowest classified rate paid by commercial users for comparable space ................................................. ........... $25.00 per col. inch (2) Maximum rate allowed by law for the above matter ......... .................................. $25.00 per col. inch A (3) Rate actually charged for the above matter ............................. ............... ........... $ per col. inch 01116 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-46 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-136 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-136. an ordinance to amend the Definitions. Chapter 154, Article II and the Permitted, Conditional and Interim Uses in the Rum] Districts, Chapter 154, Article VIII, Section 154.401. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191. subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-136 to be published in the official newspaper in lieu of the entire ordinance: Public Notice - The City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, which amends Chapter 154, Article II — Definitions, Section 154.012, Subd. B.3 and Article Vlll, Section 154,401. The Article II — Definitions, Section 154.012, Subd. B.3 is amended as follows: e The definition of Commercial Kennel is hereby deleted _x! The definition of Commercial Stable is hereby deleted Article VIII, Section 154.401 Permitted and Conditional Uses is amended as follows: 'ai Section 154.401 Permitted and Conditional Uses is amended to read: Section 154.401 Permitted, Conditional and Interim Uses �ij Table 9-1: Permitted and Conditional Uses, Rural Districts is hereby titled: Table 9-1: Permitted, Conditional and Interim Uses, Rural Districts xE Cemetery is hereby stricken as a permitted use in the A -Agriculture or RR -Rural Residential Zoning Districts. =1 Commercial Kennel is hereby stricken from the RT- Rural Transitional, A -Agriculture or RR -Rural Residential Zoning Districts. Commercial Stable is hereby stricken from the A -Agriculture Zoning District. Golf Course is hereby stricken from the A -Agriculture Zoning Districts. The full text of Ordinance No. 08- 136 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: June 14, 2016