HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-006CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.OS- DOG
AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS
AND REGULATIONS
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby amended to add the following definition:
"IAgricultural Entertainment BusinessrBCn" — An agricultural sales business that combines
the elements and characteristics of agriculture and tourism, which is not necessarily
located in an existing building Examples of agricultural entertainment include: corn
mazes hay rides sleigh rides netting farms on farm tours agricultural related museums.
demonstrations of farming practices techniques and methods fee based fishing and
hunting horseback riding nature trails haunted bams and similar activities which are
related to agriculture.
"Agricultural Sales Business" — The retail sale of fresh fruits, vegetables, flowers. herbs,
trees or other agricultural, floricultural or horticultural products produced on the
premises The operation may be indoors or outdoors include nick -your -own
opportunities and may involve accessory sales of unprocessed foodstuffs: home
processed food products such as jams jellies pickles sauces• or baked goods and home-
made handicrafts The floor area devoted to the sale of accessory items shall not exceed
25 percent of the total floor area. No commercially packaged handicrafts or
commercially processed or packaged foodstuffs shall be sold as accessory items. No
activities other than the sale of goods as outlined above shall be allowed as part of the
agricultural sales business.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby changed to amend or eliminate the following definitions
as shown:
"Agriculture" — The production of sale of livestock, dairy animals, dairy products, fur -
bearing animals, horticultural and floricultural nursery stock, fruits of all kinds,
vegetables, forage, grains, bees, and apiary products.
Cemmen Gardens" hand used b resideR4s of.. de el, t for the ..a. ,.+:, e
p.. n., p.•
trees, vegetables, ..uits, and flewers.
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area.
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"Farm, Rural" — The portion of a 10 or more acre parcel of land in the o.._,.1 Reside.,«:..,
Zoning D '~iRwhich is devoted to agriculture by the property owner or by a lessee of
the property owner.
"Floriculture" — The cultivation and management of ornamental and flowering plants
sale „ site F,.om ,. sid eta„d
"Horticulture" — The cultivation and management of trees, plants, grasses, vegetables,
and fruits a,. sale , site fiam .wayside stand
"Wayside Stand" — A temporary structure or vehicle used for the seasonal retail sale of
agricultural goods produced by the operator of the wayside stand on -site or on other
property in Lake Elmo.
Section 3. The City Council of the City of Lake Elmo hereby ordains that Section
154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended
as follows:
(A) Permitted uses and structures.
(1) Farm ...+,.
, suburban or rural; ! nereial ,tune and hoFti ult ,. .
(2) Poultry facilities meeting state and federal regulations;
(3) Farm buildings;
(4) Farm drainage and irrigation systems;
(5) Forestry meeting state and federal regulations;
(6) One farm dwelling per farm (also see §§ 154.091 and 154.105 ;
(7) 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, provided:
(a) 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;
(b) 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
(c) The dwelling is separated by at least 300 feet from the nearest farm
building.
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(9) Agricultural sales businesses subject to performance standards outlined in
section 154.110; ands:^'_ • _....__ ,. -u`.. �
(10) Joint ownership of property or ownership by association or rental for the
purpose of providing private gardens or forest plots to its members or lessees.
(B) Uses permitted by conditional use permit.
(1) Greenhouses;
(2) Kennels;
(3) Stables;
(4) Commercial recreation of a rural nature, including outdoor target ranges;
(5) Agricultural service establishments primarily engaged in performing
agricultural animal husbandry or horticultural services on a fee or contract basis,
including sorting, grading, and packing fruits and vegetables for the owner,
lessee, or sublessee; agricultural produce milling and processing for the owner,
lessee, or sublessee; horticultural services; fruit picking; grain cleaning; veterinary
services; boarding and training of horses;
(6) Open space development projects, as regulated by §§ 150.175 et seq.;
(7) Non-agricultural low impact uses pursuant to the standards described in
division (F) of this section; and
(8) Agricultural Entertainment businesses subject to the following performance
standards:
a The property proposed to be used for agricultural entertainment must be
located with direct access to a collector or arterial street as identified in the
comprehensive plan;
b All parking must occur on -site be on a primary surface such as class five
gravel or pavement and must be set back at least 30 feet from all property
lid
c No more than 25 percent of the site may be covered with impervious surface
and the remainder shall be suitably landscaped;
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d. Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s);
e. Trash containers must be located inside or screened in an acceptable manner;
f Discharge of firearms, including blanks, shall not be allowed on the property;
g. The property owner shall give the City permission to conduct inspections of
the property in order to investigate complaints;
h. The property owner must take reasonable steps to prevent trespassing on
adiacent properties by employees, contractors or patrons;
i Usable primary and alternate well and septic sites sized for the maximum
anticipated usage of the property shall be identified on the property. Alternate
sites shall be protected in the site plan design. and will only need to be used
upon failure of a primarysite.;
j Adherence to the general review criteria applicable to all CUP applications.
Section 4. The City Council of the City of Lake Elmo hereby ordains that Section
154.036 (Rural Residential Use Regulations) subsections (A), (B) and (C) are hereby
amended as follows:
(A) Permitted uses and structures.
(al) One -family residential dwellings (also see §§ 154.091 and 154.105); and
(b2) Farm, suburban or rural within the limits defined in the performance
standards for livestock.
(3) Wayside stands; and
(4) Agricultural sales businesses subject to performance standards outlined in
section 154.110
(B) Accessory uses and structures (also see §§ 154.092 and 154.093 . Uses and
structures which are customarily accessory and clearly incidental and subordinate
to allowed uses and structures; accessory structures cannot exceed the size of the
principal building.
(C) Conditionally permitted uses.
(1) Kennels;
(2) Open space development as regulated by §§ 150.175 et seq.; and
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(3) Home occupations.
(4) Agricultural Entertainment businesses subject to the requirements outlined
in section 154.033 (B)(8).
Section 5. The City Council of the City of Lake Elmo hereby ordains that Section
150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as
follows:
(A) Permitted uses.
(1) Single-family, detached;
(2) Preserved open space;
(3) Conservation easements;
(4) AgriculturengAeultareJ;
(5) Suburban FaimsGeeperatigardenitig;
_(6) Hertietiltural and flefiettittffe services;
(76) Private stables;
(87) Single-family, attached;
(98) Townhouses (no more than 25% in any development); and
(-t09) Wayside stands
(B) Accessory uses. Uses that are typically found accessory to a permitted use.
(C) Prohibited uses. All other uses are hereby prohibited.
Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's
Design and Performance Standards are hereby amended to incorporate the
following additions and changes:
Current Sections 154.090 through 154.109 and their subdivisions are restated and
incorporated herein without change.
Current Section 154.110 and its subdivisions are restated and incorporated herein as section
154.111
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154.110 Agricultural Sales Businesses
Agricultural Sales Businesses shall be subiect to the following performance standards
1 Activities shall be limited to those listed within the definition for an Agricultural
Sales Business.
2 The Agricultural Sales Business shall be located on land owned or leased by the
-producer or the operator of the business and not within or on any public right-of-
ways or easements.
3 The operator must be able to demonstrate at all times to the City that there is
sufficient access parking and maneuvering space, that the location and adequacy
of approaches are sufficient, that there is suitable and safe access for pedestrians,
and that customer parking is away from the travel way and in close proximity to
the Agricultural Sales Business.
4 All waste materials shall be enclosed in containers provided on the site. and shall
not generate any nuisance impacts on adjacent properties.
5 All sidewalks roadways and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
Section 7. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
c78— rh
This Ordinance No. OO6 was adopted on this t0day f u N by
vote of 4 Ayes and 0 Nays.
Mayor Dean Johnston
ATTEST:
Susan Hoyt
City Administrator
This Ordinance No.03-6yo was published on the day of 2008.
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