HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-091SECTION, , hereby amends
Land Usage; Chapter 154: Zoning Code, by adding the following language:
5154.500 Purpose and District Description
5154.501 Permitted and Conditional Uses
§154.502 Lot Dimensions and Building Bulk Requirements
5154.503 Dimensional Requirements and Preservation of Open Space
5154.504 General Site Design Considerations - LMX District
§154.505 Development Standards for Specific Uses
5154.506 VMX District Design and Demolition Review
5154.507 Accessory Uses and Structures
5154.508 Residential Accessory Structures
§154.509 Accessory Uses
§154.510 Accessory Uses and Structures Not Listed
§154.500 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 wilt 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.
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
Section 1 °;5,13i
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
Standard
Residential uses
Household Living
Single-family detached dwelling
P*
" See restrictions in 154.504.A
Two-family dwelling
P*
* Sete Restrictions in 'I 54.504.A
Single-family- attached dwelling
C
'54.5C5.[
Multifamily dwelling
C
; 54 ;
Secondary dwelling
C
14 05 L
Live -work unit
P
54, 55
Group Living
Group Home
P
155.102.0
Group Residential Facility
C
15 sr1p2
Congregate Housing
C i
155 1.
Semi -Transient Accommodations
C
155AM.F
Public and Civic Uses
Community Services
P
155.1 t}3,
Day Care Center
P
155G3.l
Public Assembly
C
155.55.A:
Religious Institutions
C
Schools, Public and Private
C
155e505.0
Services
Business Services
P
Business Center
P
Offices
P
Communications Services
P
Education Services
P
Financial Institution
P
154, 505,
Funeral Home
C
2
Lodging
C
154.50:5.Q
Medical Facility
C
154. st;S.R
Membership Organization
C
154. 5105.N
Nursing and Personal Care
C
55, 04. C
Personal Services
P
Repair and Maintenance Shop
C
155.505.>:
Trade Shop
C i
154.505.F
Veterinary Services
C
154.505.G
I
F00.5+ervices.......:.:::::.:..:::.::
Standard Restaurant
P
154.505.5
Restaurant with Drive -through
C
154.505.5
Drinking and Entertainment
P
154.505.5
i
Safes of Merchan+dise
.:.........:.
Retail Trade
P
Farmer's Market
C
, 54.505„tA
Garden Center
C
154,515.0
Neighborhood Convenience Store
p
154,505N
Shopping Center
C
Wayside Stand
P
Adtornntive/1leh cutar ,Uses
Automobile Maintenance Service
C
Automobile Parts/Supply
P
54.50 5. X
Gasoline Station
C
154. 4. °CAS.;
Parking Facility
C
954. 50:.IX.
Sales and Storage Lots
C
15-,i0;,..y
I
.
Outdoor Recreation Facility
C
- z..,• ,,,.`.,:..
Parks and Open Areas
P
.Indoor Recreation/.Entertainment .:.
Indoor Athletic Facility
Indoor Recreation
C
i. ;i4„ __;,• 7.
Transportation ..and :Communications .::.:::
Broadcasting or Communications Facility
C
155.110.L
Accessary Uses..
Home Occupation
P i
w.11' .AJ
Bed and Breakfast
[
15:7 i i1.�.
Domestic Pets
P
Family Day Care
P
15, 5„111.,.
Group Family Day Care
C 1 11,v
Temporary Sales
P 155,1073
Parking Facility
P
Solar Equipment
P 155,111.1
Swimming Pools, Hot Tubs, Etc.
P 155.111. I
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses
P
(Vote: 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.
§154.502 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
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Notes to VMX District Table
a. No development may exceed the residential density range as specified in the Comprehensive
Flan 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 tot lines abutting residentially zoned
parcels or those parcels with residential uses as the sole use.
g. Corner properties: the side yard 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 shown in the table.
9154.503 Dimensional Requirements and Preservation of Open Space
A. Averaging of Lot Area. When tots are clustered within a development to provide common open
space, the open space may be used to calculate an average density per tot to determine
compliance with the individuat 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.
§154.504 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 Ar dcc'-s 57 and, 7.
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 §.15 .035-15 .i;38 Lightin«, Aare Control, and Exterior Lighting Standards.
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
§154.258.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.
§154.05 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 Articles 5, 6 aril 7 . The
following standards apply to specific uses; other standards related to design and building type may be
found at §154.: 061
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 shalt adhere to the MDR district setbacks as specified in '9054.452
B. Single -Family Attached Dwellings.
1. A maximum of eight (8) units shalt 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 fa4ade and the street.
H.
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 Article 6,
Section '155,89,c .
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.
i. 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 shall 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.
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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.
i. 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.
5154.506 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 5154,212 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.
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.
§154.508 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 shalt 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, shalt 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.
§154.509 Accessory uses.
A. Exterior Storage on Residential Parcels. Alt 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, 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 sates, also known as yard or garage sates, 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,
§154.510 Accessory Eases 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,rd'le 7, Specific::: Devetopment. Standards. These include uses
such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pouts and solar equipment.
�_.ECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
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SECTION 3. Adoption Date. This Ordinance 08-091 was adop ed on this 6t" day of
November 2013, by a vote of J Ayes and Nays.
T,
4- - -j—
LAKE ELM Co��
Mike Pearson, Mayor
ATTEST:
"Madam Belt, City Clerk
t
This Ordinance 08-091 was published on the 12L day of 1"Q 2013.
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