HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-080CITY 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 154.1 OZ
and 154.109 in their entirety.
SECTION Z. The City Council of the City of Lake Elmo hereby amends Title XV:
land Usage; Chapter 154: Zoning Code, by adding the following language:
§154.300
§154.301
§154.302
§154.303
§154.304
§154.305
§154.306
§154.307
§154.308
§154.309
§154.310
§ 154. 300
ARTICLE 7. SPECIFIC DEVELOPMENT STANDARDS
Purpose and Applicability
Standards for Residential and Related Uses
Standards for Public and Civic Uses
Standards for Services
Standards for Food Services
Standards for Automotive/Vehicular Uses
Standards for Outdoor Recreation Uses
Standards for Indoor Recreation/ Amusement
Standards for Industrial and Extractive Uses
Standards for Transportation, Utility and Communications Uses
Standards for Accessory Uses
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.
§ 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.
B. Group ResidenNal Facility, Halfway House.
1. In residential districts, the facility shall 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.
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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.
§ 154. 303 Standards for Services
A. Educational Services. Except in the industrial districts, all typical activities shall be conducted
within an enclosed building.
B. 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 shall
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.
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3. Site design shall accommodate a logical and safe vehicle and pedestrian circulation
pattern.
§ 154. 304 Standards for Food Services
A. Restaurant with Drive-Through
1. Drive-through elements shall not be located between the front fa~ade 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 shall 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.
§ 154. 305 Standards for AutomotiveNehicular Uses
A. Car Wash.
1. The car wash shall be capable of being enclosed when not in operation.
2. 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
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lenses and downward directed. Signage on canopies shall comply with §154.212. 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.
§ 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.
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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.
§ 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.
§ 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 fa~ade 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.
5. 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.
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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_ Ayes and _ Nays.
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Mike Pearson, Mayor
ATTEST:
This Ordinance 08-080 was published on the ___s:::' day of ~\JN \S.,-, ' 2013.
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