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HomeMy WebLinkAbout08-13-90 PZMThe Planning Commission is an advisory body to the City Council. One of the Commission's functions is to hold public hearings and make recommendations to the City Council. The City Council makes all final decisions on these matters. Lake Elmo Ordinances require that certain documents and information be included in applications. The Planning Commission may postpone consideration of an application that is incomplete and may for other reasons postpone final action on an application. For each item, the Commission will receive reports prepared by the City Staff, open the hearing to the public, and discuss and act on the application. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the Planning Commission" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. AGENDA LAKE ELMO PLANNING COMMISSION AUGUST 13, 1990 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: July 23, 1990 3. Site & Plan Review: Guardian Angels Church 4. JOINT MEETING WITH CITY COUNCIL A. Comprehensive Plan B. Future Land Use Map C. Comments from preliminary review by Metropolitan Council D. Residential Estate Ordinance E. Limited General Busines Ordinance 5. Other 6. Adjourn DATE APPROVED: 8-13-90 DATE ISSUED: 8-24-90 LAKE ELMO PLANNING COMMISSION MINUTES July 23, 1990 Chairman DeLapp called the Planning Commission meeting to order at 7:07 p.m. in the Council Chambers. Present: DeLapp, John, Buchec]c, Stevens, Johnson, Conlin, Johnston, Arkell, Wilfong, City Planner Mike Black and Administrator Kueffner. Absent: Enes and Thomas. Council members present: Dunn, Armstrong, Hunt. 1. AGENDA M/S/P Arkell/Conlin - to approve the July 23, 1990 Planning Commission agenda. (Motion carried 9-0). 2. MINUTES: July 9, 1990 M/S/P - Johnson/Arkell - to approve the July 9, 1990 Planning Commission minutes as ammended. (Motion carried 9--0). 3. PUBLIC BEARING: "The Meadow" Chairman DeLapp called the public hearing to order at 7:38 p.m. The Public Hearing Notice was published in the St. Croix Valley Press, July 11, 1990 and all property owners within 350 feet were notified. Chairman DeLapp acknowledged receipt of the City Engineer's Preliminary Plat Review dated July 23, 1990, made part of the minutes by reference. Bruce Folz, representing the Colisimo's, presented the preliminary plat, with proposed property lines, of "The Meadow", legally described, in part as: That part of Government Lot 5, Section 9, Township 29 N., Range 21 W. and is commonly known as 8896 Jane Road N. Folz stated that drainage and ponding were already provided for this property in the "Green Acres" subdivision ponding. The City owns the rights to this drainage pond. Tony Maistrovich, 1599 Wexford Way, Woodbury (owner of the property west of the Colisimo/Collyard property), stated that he cannot afford road assessments at this point. He is not in favor of creating density in this area, but if subdividing is allowed would rather see two lots instead of three. Gail Collyard, 8896 Jane Rd. N., was concerned that if there are only two lots, and Isle is not made a through street, she would not have road access. Bruce Folz stated that she would have to construct a driveway off of the improved portion of Isle Avenue in Springborn's "Green Acres". Lake Elmo Planning Commission Minutes July 23, 1990 Page 2 Rick Weil, 8880 Jane Rd. N., stated that spring run-off flows west and he is concerned about errosion and street run-off. He is not in favor of density and is also concerned about more traffic. Dan Collyard, 8896 Jane Rd. N., said he retained James Hill to survey the proposed property lines and found that only a corner of the swimming pool fence is over the proposed property line. Also, Galen Springborn asked that he (Collyard) bring up the item of the cul-de-sac being made into a through street. Bill Stevenson, 8895 Jane Rd. N., expressed his concern of a 32 foot road merging into a 24 foot road if Isle Avenue is completed. Eileen Vasko, 4960 Jamaca Ave. N., asked how can this 5 acres be divided down to 1.5 acres or 2.5 acres? (Due to R1 zoning). Tony Maistrovich is concerned about drainage water collecting on his property. He also asked if he could defer his assessment if the road is put through. There were no further comments from the public, either for or against this proposal. Chairman DeLapp closed the public hearing at 8:00 p.m. and opened discussion from the Planning Commission members. Chairman DeLapp stated that it has not been demonstrated that these lots will meet the "one acre" rule for drainfields if applicable. Commissioner John made note of the City ordinance on drainfields which implies that a private drainfield cannot cross a property line. Commissioner Johnson asked what percentage of property owners were needed to petition the City to improve Isle Avenue and assess back to the benefitting property owners. (33%). Chairman DeLapp raised a question of assessing Collyard's or Colosimo's for drainage since it will be an improvement to their property. M/S/P Bucheck/Johnson - to table this application until the August 13, 1990 meeting, and direct the staff to have City Engineer respond to the drainage, ponding, drainfield and road issues raised by the Planning Commission. Lake Elmo Planning Commission Minutes July 23, 1990 Page 3 4. Work Session with City Council on Residential Estates Ordinances, Freeway District Ordinances and Comprehensive Plan. City Planner Mike Black and Commission reviewed the first page of the RE Ordinances. Attached are the changes suggested by the Planning Commission. The reasons for the changes were: enforcing some of the ordinances will be a problem, some of the wording was too vague, some of the ordinances were too stringent. Councilman Hunt would like the Planning Commission members to write up any further comments on the RE Ordinance and send them to the staff. M/S/P Wilfong/John - to accept A(1) of the RE Ordinance as ammended. (Motion carried 9-0). M/S/P Bucheck/Stevens - to accept C(1)(2) & (3) of the RE Ordinance as ammended. (Motion carried 9-0). M/S/P Johnson/Stevens - to accept C(4) of the RE Ordinance as ammended. (Motion carried 9-0). M/S/P Bucheck/Stevens - to accept C(6) of the RE Ordinance as ammended. (Motion carried 9-0). M/S/P Bucheck/Stevens - to accept C(7) of the RE Ordinance as ammended. (Motion carried 9-0). M/S/P Bucheck/Stevens - to accept C(8) of the RE Ordinance as is. (Motion carried 9-0). M/S/P Johnson/Johnston - to adjourn the Planning Commission meeting at 10:30 p.m. (Motion carried 9-0). Lake Elmo Planning Commission Minutes July 23, 1990 Page 4 301.070 D (2b) RE 2 1/2 A. Permitted Uses and Structures (1) One single family detached dwelling per lot within planned subdivisions of at least 20 acres, nominal. C. Minimum district Requirements (1) Lot Size 2 1/2 to 10 acres nominal (2) Lots per Density 6 lots per each 20 acres of gross land area. (3) Configuration: 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. (a definition of a Flag lot to be typed here). (4) Principal Building Setbacks from Property lines: (a) Front 100 feet minimum (b) Side (interior) 50 feet minimum (c) Side (corner) 80 feet minimum (d) Rear 100 feet minimum (e) Collector Street 150 feet minimum (5) Tabled: Right of Way questioned - Mike Black and Mary to research. (6) Area of Principal structure (7) Parking 1500 sq. ft. minimum above grade, including walkout levels if at least 25% of building perimeter is above grade. 2 enclosed spaces minimum (200 s.f. minimum per space). 2 exterior spaces with minimum setback of 50 feet from any property line. ;Sell J ti; '11 ; I, ° !I 1.,(1flNGEF4t3 At10# into rt JR!W A,ugnsc 10, 1990 Maiming and Zoning Corpreith9lou City of Lake limo :18013 averne Averau ;JOT; rohno, Minfiesots Re; Guardian Angels Chinch Lake Elmo, Minnesota Commission No_ 9150-000 Dear nerunission Members; (){ I (i1.[V AI I AFIWILIUN .1111 ,6‘-4001/11 kid 111,)611P(1{1A Ld _ . tIttJU AMW1i€JAN WA)1014AL BANE El UAW PAK fi0101 0iPe:!f;11:, 10, Guardian Angels Church ;s planning to cousnnet a POW 3:111(tttlafy i )d onking. We 101 ‘/,' they 5.1t0 and (12:94*APS] 211M-1 1 or CI fri/CW ,M1"P 54/y01.4-'4fi:- L!Vdt'qi. our review; zoo hie: It.c - pre -dates this Code, is l; - unb;j4,-; Fsiewiltss future laud WO 00,1pYYSA91-,7 prep/trod MAIL t1°9yaiQ1.i1F; A/A(:1 • land use pinning of the City, allilliljlanik:10,14, 1110 so! of iiht Ann; :") fee.) (ei , , , these directions. 1,g; the south.;es; : ‘,;;;;e;;. ior bights tut' ohm it 1 co„-=; its7s 7.11(;. tii0L4()s.,'• 3.P„atkinte The P zone, (lees required, flowcyci, the ;;;Jd,(111.!{E JI A_ht Jr.0: ') 'the nevi/ spaces are propose,' 1.0 i„ , , go; 9, aThr. parking lok seles ;My s.j_seats 4,, ef , • ioL,e,ci ;Ise ik /YID COMbined rAMSOWei 207 VikkuSlesIP y ow;„- fun €. ;3 pick-ups, Landscapntg 1,:4 (HP ICIS iav bottyl p)Orki it kid wiieb e A :tLtS 7,2 .1.7 parking. /.0 WO. tt, =' tilt-, IYVv'a fur h';iie &hi, Z:Nh? iter, sob for of r.;lit tIset%, t l' ;v'aUYetet/ ky. T'.t B rid R3 e10&/.04. ,,;:la/ fa/ 06 1't9n t&:iXsic 5ystern: The en'ist i de,r constructed in stout 190 ether for the pArrocI`iiarl ;c$-Te,c/_":": rt', ,.', - Wert is@_x?t-isrs; t-1 c.. .. it vvkdurr bb_ resisting leaser school ribsiren. yea irt; n ;The'=. I'dr ll'1't tore rv;:ii. -; tl,lt d011,1r ,Sr hobo GC ,b Ih !P t'_Si_YN7!,. iti,koOt,_ At ,d he-ie does riot 9e4:1MA 10 be Ugly operattaoWith IAA.' i➢,j+hlkexxL k'¢?xtioxxt3 0i. errs di itit➢fie1ci seem to nave bee4t. raved (feu C)l?'d is As dRketiu to evolo bre what Ili fl'te;t, that has had WI ibs system, The - eroh has sbl fim entrn ai herd f o t!Ae=' .Vir➢r[a- tS!i1: e,xh,11,1p, r'.iyihlfrkq} 91yontni f0,, t+i'rt:y u,a i.; I ✓s[6'v,➢+ p:tft €! El.; tJ UN3S'{N etlict t{IG chuhcch IN 1"/itI➢ika U➢itltlrl C+4,;tv.iCC; r;u x.1 )n;.x :•:ii ti.t:lie with 7: iniiF. y sower iberd ritlnicipat watGt- U ?iinitilic t&L The issues if iinrisirtg 'vt sstf» tat:`labi9i;�r, -dr Atl:t }thud tilt/ cofpie tiufst kocilirik:a ce fe9.0. 11 :S,incereiy, 4/ iroy p ,i 1;1/1-+tits _ ;4 achnnents Nf �r, y.. r,; it0 n It'. 1 l 1t • I I I ARCHITECTS, INC, in It :i`I 0 ti0 iir : t'I ha Mt Panora Ioliidt ng Off ici tl v n' I_ ;11Ifyi= {'lilit; 3200 Leverne Av`:ry11i pl,.l I'' Lake Flinn, MN 5.60e: • Chatee of i(_4e, is'r{_,y`c(;'i. Lite Ham I\CJV1ow ;Lair +I {IIlY Liu.. tot,41 al''' 7fV r.0 i;' u'i i'ic' '•Itl'\E?V r.f'i�l'rr •.Iitt;`irine,, FIeeea note the r„`.lc'*;i,;{ lee proposed new coos=ruc1'.iprl; on EWO floors ;jiu';S square feeLc. it ta'l l i 6,rtr't!. I:;'i; !)f 'i SdU(s ?tp;l14G, it char'!, adwiiieekration, i'491'leka, mod, hges'.u, It. %Il 9 t %ll:•tt :il`f'Vr, ht.; :i f inl: hfilclin!) i;11ca y;ti•hlQr'inq ittt[I, r"i:UI.ono owl Pikinotioo III'' propoied philiiil tj as indicated on Ulu tiii;i? 1)i ir,tt :.till,-:lsi' trt titt.ing 1'rottC'i;ti i!!flIi;lil, t'.::NS!. bog _il h;-' i;.,'ii'i'1'+ai;. areas to be regraded and resin i''ct4;4'Ati., drift ;Aka +'flr'tfii;+"li t jOtt ce32,000 s, 1=1u9u;;o,l 4;at lc, i tiu ;;ijyaaC t i. ,r Y'3 ., I. r itYtehsH tat li inn i!i T!in;i' :,ilii to ii I. titilt;S., 111i:; tx,Y1it,r'nl'„, Itt <'tj r„,t laid!:, nfrf i i:hq it t' l -!;,• r,,i I: it l ;;;S, j is{li iris ,..(! 1 ia' 1'r'nv=.i,, exislind ''i er .:i otit.t't1'. I11 itcht;tlntl lily ri;Ur teeittil<ghia Vic; [Feature,' (;,`._„ kr i,=.::. bet I New i t: rlc1,_e1;tlnrl t ' f coos wh i bh I`r:` ' I, tfill il. WY ,I:;;:0 y, L::0of1':J I,tltc., br art ehaittTt'ti $:ht' :it;(1 it I, , Irl vT; ttikl(,I) r' 1!! 1 1 _,f1 !?ir fit-1/2 wHL' H'.i Illrl Pl rnl /ll M4C;UII:C U<iUl:Ti6.-f�., tli:; nr„ r-UtrulillEC.Ji$, Ht.- /10 ,.c:nuri tcr'h iOwyrs. al. ['Cud, MN SJ IU2 kb.121 71 2,$dg1 :rill. Mr. Jim McNamal-0 13 May 129n PacIE 111C[!Ir1h will1 I h -101H :;,." Luj f rt`1./H' t rhi Ltd iS ,( -Thpi-rjv.il .tr j- rn^ nentl (id lidW, (i Thilrik you inuNt woulkr cOURT(AU LOUK{ cH I FM #f--1 J. ( i how:4 R Kyl 1 n Rkv. Michocfl Al Mr John 13;h:li le Mc KrillKom d I llii'_.I. '6 ,b i�:dlL1 Y_t;U d1/2?t5 I.i soriA u:)11:i %= gj''iag� _ rid'. . U11,0C -.kiY v "yr i'J f I 11 ; +I)' REQUEST FOR PLANNING COMMISSION REVIEW ( Meeting Date: August 13, 1990 AGENDA TOPIC:4A. Comprehensive Plan 'ITEM B. Future Land Use Map NO. 4A,B,C C. Comments from Met Council • The Planning Commission has had the opportunity to review and comment on the text of the Comp. Plan. Those comments will be sent to the Council for consideration, hopefully, at its August 21st meeting. Two things remain to be discussed before we can pass this on to the Council. The first is the Future Land Use Map as it relates to the I-94 Corridor. Staff has -prepared a concept "Limited Business District", and is shown on the enclosed map. We have stopped Limited Business at County Road 19, but have included the bulges at this interchange. Also attached is a Land Use Concept Plan for 1-94 Corridor which shows the proposed Limited Business District and surrounding future land uses. The Second item for discussion is the comments from the Met. Council from their preliminary review of the Plan. Mike Black's memo regarding these comments is attached. I do not believe that any of these items will have any impact on what the Commission has already reviewed and would, therefore like to recommend that the plan be sent onto the Council with your recommendation. Mike Black will be at the meeting to answer any questions you may have. Please feel free to call prior to the meeting if you need any further information for the meeting. RUG-09-'90 THU 16:30 ID:JRMES R HILL INC TEL NO:612 884-9518 11320 P05 rig 3r; 0 r. 4 1 RUG-09-'90 THU 16:30 IU:JR9ES R HILL INC TEL NO:612 884-9518 #320 P06 3 Fe; V ca 74 • C A 1 { JAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9401 JAMS$ AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884- 18 MEMORANDUM TO; Ms. Mary Kueffner, City Administrator FROM! Michael J, Black DATE: August 9, 1990 RE: Metropolitan Council Comments on the 1990 Comprehensive Plan The following are the major issues raised by the Metropolitan Council staff and how they should be addressed in the 1900 Comprehensive Plan 2000 and 2010 FORECAST More data has been requested on population, household and employment forecasts for the years 2000 and 2010. The 1988 System Statement fro the Metropolitan Council included forecast figures. We must show why the City's forecast numbers are larger than those of Metro Council. This information will be added to pages 8 through 11. TRAFFIC ASSIGNMENT ZONES (TAZ) The City of Lake Elmo has five traffic assignment zones. A map of th zones must be provided with a breakdown of population, household and employment forecasts for each TAZ. ,$EWER POLICY PLAN The Comprehensive Plan must include or clearly make reference to the Comprehensive Sanitary Sewer Plan prepared by TKDA in 1986. Some modification to the plan will be necessary because the future land us map was changed for the MUSA area. Mr. Rohrer and I are meeting next. week to re -write this section. The City must also reference and summarize local ordinances which regular the design, installation, inspection, maintenance, record keeping and remedial action for on -site sewer systems. zPTmaT. TMpROVEMENT PROc ie In the implementation section a reference needs to be made to the Cit., s capital Improvement Program. If possible, a summarized version of th current CIF could be included in the Plan. I suggest that these change or additions be made along with all other changes recommended by the Planning Commission and prior to presentin. :a final draft to the City Council. REQUEST FOR PLANNING COM^?ISSION REVIEW Meeting Date: AGENDA TOPIC: Residential Estates Ordinance August 13, 1990 ITEM 4D. NO. Attached is a draft Residential Estates Ordinances that staff put together from the outline that was provided by the Planning Commission. Please note that some of the standards that were addressed in the PZ's draft were removed because these standards are addressed in different portions of the code. I did include in the RE Ordinance the Assessory Building standards, but this should also be addressed in Section 301.130 of the -code. The same applies 'Co driveways, which is addressed in Section 1603; Developer Requirements which is addressed in Section 401.24013.4h., Signs are addressed in Section 505; Park land dedication versus park dedication f fee is addressed in Section 401.400; Roads are addressed in Section 401.380. I am in no way suggesting that these standards are not important, but I do believe they have to be put in the appropriate part on the code. 301.070 D. 4. Residential Estates A. Permitted Uses and Structures (1) One single family detached dwelling per lot within planned subdivisions of at least 20 acres, nominal. B. Accessory Uses and Structures (1) Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, Section 301.130 C. ACCESSORY USES AND STRUCTURES. See (a) No more than two detached accessory structures with a combined total not to exceed 1200 square feet. (b) Accessary structure shall be architecturally compatable with principle structure. (c) Accessory Structures for the sole use by occupants of the principle structure. (d) Home Occupations as set forth in Section 301.040 (65) of this code. C. Minimum District Requirements (1) Lot Size 2 1/2 to 10 acres nominal (2) Lots per Density 6 lots per each 20 acres of gross land area. (3) Configuration: 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. (4) Principle Building Setbacks (a) Front (b) Side (interior) (c) Side (corner) (d) Rear (e) Collector/Arterial from Property 100 feet 50 feet 80 feet 100 feet Street 150 feet Lines: minimum minimum minimum minimum minimum (5) Frontage on Public Roadway 150 feet minimum except 70 feet at the end of cul-de-sacs. (6) Area of Principle Structure (7) Parking 1500 sq. ft. minimum above grade, including walkout levels if at least 25% of building perimeter is above grade. 2 enclosed spaces minimum (200 s.f. minimum per space). 2 exterior spaces with minimum setback of 50 feet from any property line. (8) Hardsurface coverage 15% maximum. (9) Septic Drainfield Regulation (a) All newly subdivided lots shall have at least one acre of land dedicated for septic system use. This acre may consist of a maximum of two separate parcels neither of which may consist of less than 0.4 acres. (b) Placement of the second required drainfield between the trenches of the first drainfield is prohibited. ( (301.130 E. 4.) j. ileterm;nation of Areas The parking space per vehicle shall not be less than three hundred (300) square feet, or an area equal to the width of the parking space multiplied by the length of the parking space plus eleven (11) feet. building. No parking space shall be closer than five (5) feet to any 1. Fire access lanes shall be provided as required by the building or fire crap. 5. Truck Parking in Residential Areas. No motor vehicle over one (1) ton capacity bearing a car¢nercial license and no commercially licensed trailer shall be parked or stored in a residential district except when loading, unloading, or rendering a service. 6. Parking in Residential Areas. Off-street and on -street parking shall be limited to the use of the residents and their guests, except for short-term parking (six hours or less). 7. Off-street Parking Spaces. Off-street parking spaces shall not be reduced in number unless said number exceeds the requirements set forth herein. P4 Off -Street Loading and Unloading Areas. 1. Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A' loading berth shall be located at least twenty-five.(25) feet fran a res- idential district, unless within a building. Loading berths shall not occupy the required front yard space. 2. " Size. Unless otherwise Specified in this Ordinance, a required loading berth shall not be less than twelve (12) feet in width, fifty (50) feet in length, and fourteen (14) feet in height, exclusive of aisle and maneuvering space. 3. Access. Each required marling berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic. 4. Surfacing. All loading berths and accessways shall be improved with a hard surface to control the dust and drainage before occupancy of the structure. 5. Accessory Use. Any space kallccated as a loading berth or manuevering area so as to comply with the terms of this Ordinance shall not be used for the storage of goods,: inoperable vehicles, or be included as a part of the space requirarents necessary to meet the off-street parking area. 6. Remodeled Structures or Uses. Any structure erected or sub- stantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off-street loading space as required for a new structure. 7.-Screening - See Section 1504 of this Code. 301-70 Amended by 0rd. 7947 (301.130 E.) 4. Design and Maintenance of Off -Street Parking Area. a. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access widths shall be in accordance with the State of Minnesota Highway Department Standards, but in no case shall they exceed thirty-two (32) feet in width. Driveway access shall be so located as to cause least interference with traffic movement. See also Section 1602 of this Code. • b. Calculating space. When the calculation of the number of all off-street parking spaces required results in a fraction, such fraction shall be required a full space. c. Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement and such signs shall not be a part of the permitted advertising space. d. Lighting. Any lighting used to illuminate an off- street parking area shall be so arranged so it is not directly visible from the adjoining property and in a downward vertical direction. e. Curbing and Landscaping. All open off-street parking area designed to have head -in parking along the property line shall provide a bumper curb not less than fic (5) feet from the side property line. f. Planting islands. For parking lots designed for more than 25 cars, there shall be internallandscaping in an area equal to ten percent (107) of the required parking area, including the 10 foot setback from the property line. g• Screening - See Section 1504 of this Code. h. Maintenance of Off -Street Parking Space. It shall be the joint responsibility of the operator and owner of the principal use or building to reasonably maintain the parking space, accessways, landscaping, and required fences. i. Access. All off-street parking spaces shall have access from driveways and not directly from the public street. 301-69 Amended by Ord. 7947 (301.130 E.) 3. General Provisions. a. Existing off-street parking spaces and loading spaces upon the effective date of this Ordinance shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar use. b. Benches in Places of Public Assembly. In stadiums, sport arenas, churches, and other places of public assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Ordinance. c. Parking:Spaces. Each parking space shall not be less than ten (10) feet wide and twenty (20) feet in length exclusive of an adequately designed system of access drives. Parking lots that separate vehicles based on size may be designed with parking spaces less than or greater than ten (10) feet wide and twenty (20) feet in length depending upon the size of the vehicle as long as adequate space is provided for easy and safe ingress and egress for the vehicle. Proposed reductions in or additions to the parking space size must be submitted in a dimensioned site plan with size of vehicle to use parking spaces indicated to the Zoning Administrator for review and approval. Signs specifying the vehicle size to use the parking space may be required by the Zoning Administrator.. Parking spaces for the handicapped shall not be less than twelve (12) feet wide and twenty (20) feet in length. d. Use of Parking Facilities. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles and/or one (1) truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. Under no circumstances shall required parking facilities accessory to residential structures be used -/ for the storage of commercial vehicles or for the parking of automobiles belonging to employees, owners, tenants, or customers of nearby business or manufacturing establishments. e. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures, or uses may be provided collectively in any "district" (except residential districts) in which separate parking facilities for each separate building, structure, or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period. f. Control of Off -Street Parking Facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the sane avnership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with Washington County requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use. g. Use of Parking Area. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for sale, or for rent. h. In residential district, no more than twenty-five (25) percent (25%) of the required yard area shall be surfaced or utilized for driveway or vehicle storage space. 301-F68 (301,130) L. Parkin.. 1•. Surfacing and Drainage., Off-street parking areas shall be improved with a curable and dustless surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the parking area. Durable and dustless surface may include crushed rock and similar treatment for parking access to one (1), two (2), three (3), and four (4) unit residential structures; all other uses shall utilize asphalt or concrete. All surfacing must be completed prior to occupancy of the structure. 2. Location. All accessory off-street parking facilities required herein shall be located as follows: a. Spaces accessory to one and two family dwellings on the same lot as the •principal use served. b. Spaces accessory to multiple family dwellings on the same lot as the principal use served and within two hundred (200) feet of the main entrance of the principal building served. c. Spaces accessory to uses located in a business or industrial district shall be within eight hundred (800) feet of a main entrance to the principal building served. d. There shall be no off-street parking spaces within twenty (20) feet of any street right-of-way. e. No off-street parking area shall be located closer than ten (10)feet from an adjacent lot zoned or used for residen- tial purposes, except when adjoining an existing parking area on the adjacent lot. • 301-67 3 Ol . LSO. 1 J .I . (3). Any e::Lst.ing well, or residential otr.uctur.e on an adjacent or nearby parcel (4). Any body of seasonal or year-round surface water 200 Feet 200 Feet h. Slopes. Said building, feedlot, or manure storage shall not be placed on slopes which exceed thirteen percent (13) c. Evidence of the seasonally high ground water lever or mottled soil (as established by eight and one-half (8-1/2) foot borings) shall not be closer than six and one-half(6-1/2) feet to the natural surface ground grade in any area within one hundred (100) feet of the proposed building and or feedlot. d. No marsh or wetland (as established by the predom- inant wetland vegetation and/or soils) shall be utilized for place- ment of the proposed structure, feedlot, or grazing area. 14. The Number of Accessory Buildings: The number pf accessory buildings permitted in each zoning district shall be as follows: a. Agricultural-Ag: For parcels under ten (10) acres, two buildings with a total area not to exceed one thousand (1,000) square feet; or parcels of ten (10) acres to twenty (20) acres, two buildings with a total area not to exceed two thousand (2000) square feet; for parcels over twenty (20) acres, there shall be no limit on the size or number of accessory buildings so long as said buildings are agriculti. 1 buildings as defined in Section 301.130 C 1 e. b. Rural Residential - RR: For parcels under ten (10) acres, two buildings with a total area not to exceed one thousand (1000) square feet; for parcels over ten (10) acres two buildings with a total area not to exceed two thousand (2000) square feet. Et- c. For all other Residential Districts: For parcels with twenty thousand (20,000) square feet or less in land area .one building not to exceed the size of the principal build- ing; or 1,000 square feet, whichever is less, for parcels over twenty thousand (20,000) square feet in land area, one building with a total area not to exceed one thousand (1,000) square feet. D. Public Convenience Structures. 1. No public use or convenience structure shall be loca- ted within the public right-of-way. Such structure shall include, but is not limited to trash containers, institutional direction signs, bicycle racks, benches, planting boxes, awnings, flag poles bus shelters, light standards, stairs, stoop, light wells, news- paper storage containers, mail boxes for private mail delivery firms, loading wells, signs, and others. Such structures do not include utility facilities a ,t i,.. n..., I iUl .I ,u I .) 5. An accessory building shall be considered as an integral part of the principal building if. .it is located six (6) feet or less from the principal building. The exterior design and color shall be the same as.that of the principal building or be of an earthen tone; the height shall not exceed the height of the principal structure unless more restrictive portions of this Ordinance prevail. 6. No accessory building in a commercial or industrial district shall exceed the height of the principal building. 7. No accessory buildings in apartment developments shall exceed the height of the principal building. 8. Accessory buildings in the commercial and industrial districts may be located to the rear .of the principal building, subject to the building code, and fire zone regulations. 9. No detached garages or other accessory buildings in residential districts shall be located nearer the front lot line than the principal building on that lot, except in AG, RR, and R-1 districts where detached garages may be permitted nearer the front lot line that the principal building by resolution and written approval by adjacent property owners to be submitted to tre Zon- ing Administrator, and except in planned unit developments or cluster developments. 10. Accessory structures located on lake or stream fron- tage lots may be located between the public road and the principal structure provided that the physical conditions of the lot require such a location and a resolution is issued, In no event, however, shall the structure be located closer than twenty (20) feet to the public right-of-way. 11. All accessory buildings over thirty-five (35) square feet in area shall have a foundation, concrete slab or wind anchor. Buildings larger than one hundred (100) square feet shall require a building permit regardless of improvement value. Roof loads and wind loads shall conform to requirements as contained in the Building Code. 12. The required rear yard setbacks for detached resi- dential garages, and storage, boat, and tool sheds shall be a distance equal to the required side yard setback for each zoning district, except on through lots when the required rear yard set- back in each zoning district shall apply. 13. Performance standards for detached agricultural buildings and domesticated farm animal buildings on parcels of less than twenty (20) acres, shall include the following: a. Setbacks. All animal buildings, feedlots, and manure storage sites shall be setback as follows: Natural or Man -Made Feature Minimum Horizontal Setbacks (1). Any property line 100 Feet (2) Any existing well, or residential structure on the saarcel 50 Feet me parcel Ini _H. (301.1..30) C. Accessory Buildings and Structures. 1. Types of Accessory Buildings: Storage or tool sheds; detached residential garage; detached rural storage building; de- tached domesticated farm animal buildings; agricultural farm build- ng. Said accessory buildings are defined as follows; a. Storage or Tool Shed: A one-story accessory build- ing of less than one hundred sixty (160) square feet gross area with a maxium roof height of twelve (12) feet and exterior colors or materials matching the principal structure or utilizing earthen tones. No door or other access opening in the storage or tool shed shall exceed twenty-eight (28) square feet in area. b. Detached Residential Garage: A one-story accessory building used or intended for the storage of motor driven passenger vehicles with a maximum gross area of one thousand (1000) square feet and a maximum roof height of fourteen (14) feet. No door or other access opening shall exceed ten (10) feet in height. The ex- terior color, design, and materials shall be similar to the principal structure. c. Detached Rural Storage Building: A one-story access- ory building used or intended for the storage of hobby tools, garden equipment, workshop equipment, etc. Exteriorsnaterials shall match the principal structure in exterior color or be of an earthen tone. The gross area of said building shall not exceed one thousand (1,000) square feet in gross area on a parcel of between two (2) and ten (10) acres and not more than two thousand (2,000) square feet in gross area on a parcel of greater than ten (10) acres. d. Detached Domesticated Farm Animal Building: A on story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. Said building shall require a Minnesota Pollution Control Agency Feedlot Permit and site and building plan approval and shall not exceed 2000 square feet in gross area on a parcel of between ten (10) and twenty (20) acres and not more than one thousand (1,000) square feet in gross area on a parcel of less than ten (10) acres. e. Agricultural Farm Building: An accessory building used or intended for use on an active commercial food producing farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency permit may be required. 2. A tool shed as defined in this Section may be placed on any lot in addition to the permitted number of accessory buildings. 3. No accessory building shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal building to which it is accessory. 4. No accessory building used or intended for the storage of passenger automobiles shall exceed one thousand (1000) square feet of gross area nor shall any access door or other opening exceed the height of ten (10) feet, nor shall any structure exceed one story in ight except when said garages are located in business, industria ur planned unit developments. On parcels of twenty thousand (20,0i.,) square feet in area or less, no detached accessory building or garage, shall exceed the size of the principal building in gross floor area. 301 -F,t, (401.240 B. 4.) c. A statement prepared by a qualified person identifying tree coverage in the proposed subdivision in_terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing. d. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. e. If any zoning changes are contemplated, the proposed zoning plat for the areas, including dimensions, shall be shown. f. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission may require that the subdivider submit a Sketch plan of the remainder of the property so as to show the.,;possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be shown to relate well with existing or potential adjacent subdivisions. g. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the subdivider shall provide in the preliminary plat, a sketch plan which indicates minimum building setback lines and future roadway alignments which would not interfere with structural placement at the time of future subdivision. h. A vegetation preservation and protection/ that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted. i. Such other information as may be reasonably requested by the City staff, Planning Commission, or City Council. C. Review by Staff and Other Commissions or Jurisdictions.. The City shall refer copies of the preliminary plat to the City Engineer, Planner and Attorney, the Park Advisory Committee, and appropriate County, State or other public agencies for their review and comment. Such comment must be received within thirty (30) days or it will be assumed there are no objections. D. Hearing. The Planning Commission, upon receipt of the application shall instructtheadministratortoset a public hearing on the proposed preliminary plat no later then forty-five (45) t� 400 - 12 Lake Elmo Municipal Code (401.380 E) shall be avoided. `.F. Subdivisions Abuttina Major Rights -of -Way. Wherever the proposed subdivision contains or is adjacent to the right-of- way of a U.S. or State Highway or thoroughfare, provision may be maze flr a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, provided that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. G. Alleys. Except in the case of a planned unit develop- ment, either a public or private alley may be required in a block where commercially zoned property abuts a major thoroughfare or a major street. Alleys in residential areas other than those zoned for multiple family use shall not be permitted. H. Half Streets. Dedication of half streets shall not be approved, except wnere it is essential to the reasonable develop- ment of the subdivision and in conformity with the other require- ments of these regulations, where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided, or where it becomes necessary to acquire the remaining half by condemnation so that it may be improved in the public interest. I. Street Grades. Except when, upon the recommendation of the Engineer that the topography warrants a greater maximum, street grades shall notexceed the following: Minor Arterials 5% Collector Streets 6% Local, Marginal Access & Cul-de-sac streets . . 8% Minimum grade of not less than 0 5% J. Curb Radius. The minimum curb radii for arterials, collector streets, local streets and alleys shall be as follows: Arterial Streets 25' Collector Streets 20' Local Streets 15' Alleys 6' K. Reverse Curves. Tangents of at least fifty (50) feet in length shall be introduced between reverse curves on collector streets. Amended/Ordinance 7966 400 - 29 e E'1mo Municipal Code (401.380) L. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the -City Council. < M:, Minimum Riaht-of-Wav Widths. Street Width Principal Arterial 150' - 300' Intermediate Arterial 100' - 300' Minor Arterial, 80' - 120' Collector Street .80' Commercial or Industrial Service Street 80' Local Street 60'. Marginal Access Street 50'. Cul-de-sac 60' Turn -around radius of 60' N. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards. 0. Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use. P. Street Improvements for Plats. 1. The City Engineer shall determine when the full width of the right-of-way shall be graded, including the subgrade in accordance with the provisions for construction as outlined in the Design Standards. 2. All streets shall be improved in accordance with the standards and specifications for street construction established by the City Council. Q. Curb and Gutter. Use bituminous curb where sanitary sewer will be installed at some later date. Use concrete curb and gutter where sanitary sewer has been installed to City standards. 400-30 401.390 General Improvements. A. Trees and boulevard sodding shall be planted in accord- ance with City standards. B. Street signs shall be installed at each intersection in accordance with City standards. C. Driveway approaches, sidewalks or pedestrian pathways shall be installed in accordance with City standards. D. Street lighting fixtures shall be installed in accordance with City standards. E. Sidewalks. The City Council may require sidewalks along both sides of all streets in areas where the residential density equals or exceeds three dwelling units per net acre of land or in any commercial, industrial or other business areas if the Council determines that sidewalks are required for public safety. X 401.400 Parks, Open Space, and Public Use for Plats. A. Lands for Public Use or Other Provisions. Pursuant to Section 462.358, Subdivision 2, of the Minnesota Statutes, the City shall require all owners, as a prerequisite to®approval of a plat or other subdivision. to convey to the City or dedicate to the public for parks or playgrounds or other public purpose, a reasonable portion of the land being, platted or subdivided as hereinafter specified. The portion of any such land to be conveyed to the City or dedicated to such public use shall be approved by and acceptable to the City. In lieu of land conveyance or dedication the City, at its option, may require the owner to pay to the City for use in the acquisition of parks, playgrounds, public open space, or storm water holding areas or ponds, development of existing parks, playgrounds or other public open space sites or for the retirement of debts incurred in the acquisition of parks, playgrounds, or other public open space an equivalent amount of cash based on undeveloped land value of that portion of such lands which would otherwise have been conveyed to the City or dedicated to the public as provided herein. The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based on the needs of the City and in accordance with the City's plans. B Consideration of the Public Property. The subdivider shall consult with the Planning Commission and the Park Advisory Committee at the time his preliminary plat is under consideration, 400 - 31 001.400 B.) to secure their recommendation as to the location of any property that. should be dedicated to the public, such as parks, play- grounds -or other public property. The plan shall show the location and dimensions of all areas to be dedicated in this manner. C. Dedicated Land, Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation or other public purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. D. Standards for Determination. The Park Advisory Committee shall develop and recommend to the City Council for adoption, stan- dards and guide lines for determining the portion of such develop- • ment which should reasonably be required to be so conveyed or dedi- cated or whether a cash statement in lieu of dedication would be more appropriate. Such standards and guide lines may take into consideration the zoning classification to be assigned to the land to be developed, the particular use proposed for such land, amenities to be provided and factors of density and site development as pro- posed by the owners or developers. The Park Advisory Committee sha(- further recommend changes and amendments from time-bo-time to such standards and guide lines to reflect changes in the usage of land which may occur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which land may be put. The City Council, after considering the recommendations of the Park Advisory Committee, shall adopt such standards and guide lines as it deems necessary and appropriate for said purpose. E. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made in lieu of a conveyance or dedication of land for park or playground or other public purposes the City Council shall set the amount of cash to be so contributed which shall be based upon the fair market value of the undeveloped land and equivalent in value to that portion of such land which would otherwise have been conveyed or dedicated for such purposes. F. Fair Market Value of Lands. "Fair Market Value" for the purpose of this Section, shall be determined as of the time of filing the final plat as defined above in accordance with the following: 1. The City and the owner may agree as to the fair market value. 2. The fair market value as determined by the City Council based upon current appraisals submitted to the City by the subdivider at his expense. The appraisals shall be made by C 400 32 (401.400 F. 2.) appraisers who are approved members of SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal amounts it may at its expense obtain an appraisal of the property by a similarly qualified real estate appraiser, which appraisal shall be accepted by the City as being an accurate appraisal of fair market value. G. Lands Designated for Public Use on Official Map or Comprehensive Plan. Where a proposed park, playground or other recreational areas, proposed school site or other public ground that has been indicated in the official map and/or Comprehensive Plan is located in whole or in part within a proposed plat, such proposed public site shall be designated as such and should be dedicated to the City, School District or other proper govern- mental unit. If the subdivider chooses not to dedicate an area • in excess of the land required under this section hereof for such proposed public site, the Council' shall not be required to act to approve or disapprove the plat of the subdivision for a,peribd of ninety (90) days after the subdivider meets all the provisions of the subdivision ordinance in order to permit the Council, School Board or other appropriate governmental unit to consider the proposed plat and to take the necessary steps to acquire, through puchase or condemnation of all or part of the public site proposed under the official map or Comprehensive Plan. H. Density and Open Space Requirements. Land area so conveyed or dedicated for public park and playground purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the City Ordinance and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. I. Credit for Private Open Space. Where private open space for park and recreation or other public purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: 1. That yards, court areas, setbacks and other open space required to be maintained by the Zoning and Building Regulations shall not be included in the computation of such private open space; and 400 - 33 d I (401.400 1. ) 2. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and 3. That the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council; and 6. That where such credit is granted, the amount of credit shall not exceed twenty-five (25) percent of the amount calculated below. J. Dedicated Land, Minimum Area. The applicant shall be required to convey to the City or dedicate for parks and playground or other public purposes (not including streets, drainage easements or other rights -of -way) a minimum percentage of the gross land area proposed for subdivision for residential building sites or commercial, industrial or other business use, as set forth below: 1. Residential. Dwelling Units Per Acre (Gross Density) • Less than 1 unit per acre Less than 5 units per acre 5 or more units per acre; but less than 9 units per acre 9 or more units per acre 2. Commercial - Industrial. Dedication requirement - 2.5% Dedication Requirement Decrease by 1% fran 7.5% for each acre or fractional port thereof in excess of 1 acre per unit but in no case, less than 2.5% 7.5% 10.0% Add 1% for each additional dwelling unit per acre over 8 400 - 34 i f 505 SIGNS. 505.010 The purpose of this Section is to protect and regain the natural and scenic beauty of the roadsides throughout the City. By the construction of public roads, the public has created views to which the public has a right-of-way view, and it is the intent of these standards to prevent the taking of that right. 505.020 Permit Required. Except as otherwise provided in this Ordinance, no sign shall be erected, constructed, altered, rebuilt, or relocated until a sign permit or conditional use permit for the sign has been issued according to the chart in Section 505.40. However, no permit will be required under this Ordinance for the following signs: A. All signs under ten (10) square feet in area, except those that require a conditional use permit. area. B. Real estate sale signs under nine (9) square feet in C. Political signs. D. Warning signs which do not exceed nine (9) square feet in area. 505.030. All signs will require Building Permits except: A. The changing of advertising copy of message on a painted or printed sign and papered billboards. B. The changing of the message of theater marquees. C. Maintenance, painting, repainting, or cleaning of a sign unless a structural change is made. D. Temporary (temporary election signs). 505.040 Definitions. As used in this Section, the following words and phrases shall have the meaning indicated: A. Sign. A display, illustration, structure, or device which directs attention to an object, product, place,activity, person, institution, organization, or business. B. Sign, Advertising. A sign that directs attention to a business or profession or to a commodity, service, or enter- tainment not sold or offered upon the premises, where such sign is located or to which it is attached. C. Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of such sign. However, such peri- meter shall not include any structural elements lying outside of such sign and not forming an integral part or border of the sign. The maximum square footage of multi -faced signs shall not exceed two (2) times the allowed square footage of a single -faced sign. 505-1 Amended by Ord. 7920 (505.040) D. Sign, Business, A sign that directs attention to a business or profession or to the commodity, service, or enter- tainment sold or offered upon the premises where such sign is located or to which it is attached. E. Sign, Electric. Any sign containing electrical wiring but not including signs illuminated by an exterior, unattached light source. F. Sign, Flashing. An illuminated sign which has a light source not constant in intensity or color at all times while such sign is in use. G. Sign, Ground, A sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground. H. Sign, Illuminated. A sign which is lighted with an artificial light source. I. Sign, Identification. A sign which identifies the inhabitant of the dwelling, not to exceed two (2) square feet in size. J. Sign, Motion. A sign that has revolving parts or signs which produce moving effects through the use of illumination. K. Sign, Nameplate. A sign which states the name and/or address of the business, industry, or occupant of the site and is attached to said building or site. L. Sign, Pedestal. A ground sign usually 'erected on one (1) central shaft or post which is solidly affixed to the ground. M. Sign, Real Estate. A sign offering property (land and/or buildings) tor sale, lease or rent. N. Sign, Real Estate Development. A sign offering for sale, lease, or rent a single-family or multiple -family residential project of ten (10) or more dwelling units or lots. 0. Sign, Revolving. A sign which has moving parts (structural); does not include flashing signs which blink on and off but may include signs which produce moving effect through use of illumination. Signs which revolve or turn on an axis point such as a pedestal, string, or post shall not be considered re- volving if less than two complete resolutions per minute. 50.E-0 Amended by Ord. 7920 (505.040) 1'. Sign, Roof. A sign erected upon or above a roof or parapet of a building. Q. Sign, Shopping Center or Industrial Park. A business sign designating a group of shops or orrices (more than three (3) ). R. Sign, Structure. The supports, uprights, braces, and "ramework of the sign. S. Sign, Temporary 'or Seasonal. A sign placed on a lot or parcel of land for a period not to exceed thirty (30) days out of any twelve (12) moith period. No sign peimit fee is required. T. Sign, Wall. A sign attached to or erected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of said wall. U. Sign, Warning. A sign which warns the public of a danger or hazard in the immediate vicinity and is obviously not intended for advertising purposes. 505-3 Amended by Ord. 7920 505.050. No sign shall be allowed that prevents ingress or egress from any door, window, or fire escape; that tends to accumulate debris as a fire hazard, or that is attached to a standpipe or fire escape or in any other way constitutes a hazard to the health, safety, or general welfare of the public. 505.060 No sign may be erected that, by reason of position, shape, movement, color, or any other characteristic, interferes with the proper functioning of a traffic sign or signal or other- wise constitutes a traffic hazard; nor shall signs be permitted which would otherwise interfere with traffic control. 505.070 Private traffic circulation signs and traffic warning signs in alleys, parking lots, or in other hazardous situations may be allowed on private property, provided that such signs do not exceed three (3) square feet and are used exclusively for traffic control purposes. 505 080 Private signs, other than public utility warning signs, are prohibited within the public right-of-way of any street or way or other public property. 505.090 Illiminated Signs. A. Illuminated signs may be permitted, but flashing signs, except ones giving time, date, temperature, weather, or similar public service information, shall be prohibited. Signs giving off intermittent, rotating, or directional light which may be confused with traffic, aviation, or emergency signalling are prohibited. B. Illuminated signs shall be diffused or indirect so as not to direct rays of light into adjacent property or onto any public street or way. No illuminated signs or their support structure shall be located closer than twenty-five (25) feet to a roadway surface or closer than ten (10) feet to a road right-of-way line or property line, notwithstanding more re- strictive portions of this Section, except service stations. C. A11 illuminated signs must be three (3) feet above perceived highway grade. D. All illuminated signs must have a State Electrical Permit. Signs shall be illuminated only during noLwal business hours, except security lighting. 505-4 Amended by Ord. 7920 r.'. YY N 505.100 Political Sic{nn. Political signs are allowed in any. district, on private property, with the consent of the owner of the property. Such signs must be removed within seven (7) days following the date of the election or elections to which the,: apply. '505.110 Displays. In any district, animal displays, lights directly skyward, pieces of sculpture, fountains, or other displays or features which do not clearly fc,11 within the definition of a sign, but which direct attention to an object, product, place, activity, person, institution, organization or business, shall require a condiitional use permit. Mobile signs on wheels or otherwise ca;able of being moved from place to place shall conform to the provisions of this Ordinance just as permanently affixed signs. 505.120 Real estate sales signs may be placed in any yard providing such signs are not closer than ten (10) feet to any ' property line. 505.130 Real estate development project sales signs may be erected for the purpose of selling or promoting a single family or multiple family residential project of ten (10) or more dwelling units provided: A. Such signs shall not exceed one hundred (100) square feet in area. D. Only one (1) such sign shall be erected on each road frontage with a maximum of. three (3) such signs per project. C. Such signs shall be removed when the project is eighty percent (80%) completed, sold or leased. In all cases, such signs shall be removed no later then two_ (2?__;'ears after the project has been commenced. D. Such signs shall not be located closer than one hundred (100) feet to any existing residence. E. Such signs over thirty-two (32) square feet shall only be permitted by a conditional use permit. 505.140 Multiple family dwelling project identification signs may he erected for the purpose of identifying a multiple family dwelling project of three (3) or more dwellings. Such signs shall not exceed twenty (20) square feet and only one (1),, such sign shall be erected at each entrance to the project, but in no case shall there be more than four (4) such signs for any one (1) project. 505-5 Trey 7 - 505.150 Construction signs not exceeding thirty-two (32) square feet in area shall be allo.and in all zoning districts during construction. Such signs shell be removed when the project is substantially completed. 505.160 Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, tree, stone, or other similar objects in any district. 505.170 Roof signs are prohibited except on gambrel roofs, in all districts. 505.100 Signs on benches, newsstands, car stands, bus stop shelters, and similar places shall require a sign permit as provided in this Section. 505.190 Electrical Signs. A11 signs and displays using electric power shall have a cut-off switch on the outside of the sign and on the outside of the building or structure to which the sign is attached. No electrically illuminated signs shall be permitted in a residential or agricultural district. 505.200 Inside Signs. The regulations contained herein do. not apply to signs painted, attached by adhe'sive, or otherwise attached directly to or visible through windows and glass portions of doors. 505.210 Offensive Signs. No signs shall contain any indecent or offensive picture or written matter. ' 505.220 Required Signs. In all zoning districts one (1) identification sign shall be required per building, except accessory structures and residential buildings which shall be required only to display the street address or property number. 505.230 Service stations may erect one pylon or pedestal sign not to exceed twenty-five (25) feet in height anywhere in setback area but no part of any such sign shall be closer to side lot lines than the required side yard setback nor within five feet of the rear lot line or street right-of-way line. 505.240 No sign will he permitted that provides refuge from police surveillance, tends to accumulate debris as a fire hazard, or in any other way is>'a hazard to the public health, safety, convenience, or general welfare. 505.250 Marquees of any type, with or without signs, shall require a conditional use permit. 505.260 Advertising signs shall be permitted by conditional use permit and shall not be located closer than three thousand 505-6 ( (505.260) (3,000) feet to any other sign on the same side of a street or highway. 505.270 Multi -laced signs shall net exceed two (2) the allowed square footage of single -faced signs. 505.230 Except for more restrictive sub -sections of this Sign Section, no sign that exceeds one hundred (100) square feet in area shall be erected or maintained: A. Which would prevent any traveler on any street from obtaining a clear, view of approaching vehicles on the sane street for a distance of five hundred (500) feet. B. Which would be closer than one thousand three hundred fifty lf (1,350) feet to a national, state, or local park, historic site, picnic or rest area, church, or school. C. Which would be closer than one hundred (100) feet to residential structures. D. Which would partly or totally obstrcct the view of a lake, river, rocks, wooded area, stream, or other point of natural and scenic beauty. or which depreciates nearby property. . Block the view of another sign. .505.29,0 Signs by Conditional Use Permit. Where a use is permitted in a zoning district by conditional use permit, the sign for that use shall require a conditional use permit unless the sign is otherwise provided for in this Ordinance. 505.300 Signs in Agricultural Districts. No signs shall be permitted in an agricultural district except the following enumerated signs if authorized by a sign permit or other permit as provided in this Ordinance: 'ryoe of Signs Allowed. nameplate, real estate sales, ground, political, temporary, wall, identification, and business. B. No sign shall be constructed so as to have more than . two (2) surfaces. C. Number of Each 'Pepe of Sign Allowed per Lot Frontage.. One (i) of the ;permitted types of signs except tee?.orary signs where two (2) will be permitted and political signs where one (1) for each candidate will be permitted. 505-7 !.i (SOS-310) rye,,„i t , - D. Size. Not more than a total of. thirty-two (32) square foot with an eight (0) foot_ maximum for any dimension except as otherwise restricted in this Section. Total square feet of permitted signs per lot or parcel shall not exceed one hundred (100) square feet. Sleight. The top of tho display shall not exceed ten (10) feet above grade. F. Setback. Any sign over two (2) square feet shall be setback at least ten (10) feet from any lot line. 505.310 Permitted Signs in Residential Districts. A. Type of Signs Allowed. Nameplate, real estate sales, political, ground, temporary, wall, and identification. u. No sign shall be constructed .so as to have more than two (2) surfaces. C. Number of Total Type of Sign Allowed per lot Frontage. One (.1) of the permitted types of signs, except temporary signs where two (2) will be permitted and political signs where one (1) for each candidate will be permitted. No more than thirty-two (32) square feet of total display area will be permitted at any one time in developed areas... \D. Size. Not more than a total of six (6) square feet with a four (4) foot maximum for any dimension except as otherwise restricted in this Section. Total square feet of all signs shall not exceed thirty- two (32) square feet per lot except in multi -family districts. E. Height. The top of the display shall not exceed ten (10) feet above grade. l F. Setback. Any sign over one and one-half (11) square feet shall be setback at least ten (10) feet from any lot line. 505.320 Permitted Signs in Commercial and 1-;slustr-iai Districts. A. Type of Signs Allowed. Business, nameplate, identifi- cation, illuminated, ground, pedestal, motion, political, real estate sales, shopping center where there are three (3) or more businesses, temporary, and wall. Advertising by conditional use permit only. 505-8 (505.320) B. Number of Each Typo of: Sign Allowed Per lot Frontage. Two -(2) business signs gnJ on any lot h4v] ilg a frontage of one hundred fifty (150) feet or less and one (1) additional business sign for each additional One Hundred Fifty (150) feet of frontage. Also, one (1) of the permitted types of temporary signs w+'i.11 be permitted. C. Size. 1. Except as provided herein, the total square footage of sign area for each lot shall not exceed two (2) square feat of sign area for each lineal foot of lot, frontage, except where a location is a corner lot, t)ie amount may be increased by one (1) square foot of sign area per front foot of public right-of-way along a side lot lino. 2 No sign shall exceed two hundred (200) square feet in area. 3. Each real estate sales sign, temporary sign, and political sign shall not exceed thirty-five (35) square feet in area. 4. Each nameplate sign shall not exceed one hundred (100) square feet in arca. D. Hui ht. The top of the display shall not exceed thirty-five (35) feet above the average grade. E. Setback. Any sign over six (6) square feet shall Le setback at least ten (10) feet from any lot line. In no case shall any part of a sign be closer than two (2) feet to a vertical -line drawn at the property line. All signs over one hundred (100) square feet shall be setback at least fifty (50) feet from any residential district. 505.33p Permitted Signs in Planned Unit Development Districts or Uses Requiring a Conditional Use Permit. A. Type, number, size, heights, and setback as specifically authorized by terms of the issued permit. 3. 'To the extent feasible and practicable, signs shall be regulated in a manner similar, to that in the 4se district most appropaite to the principal useinvolved. 505.34 Sign, Design, Construction and Maintenance. - A. Required marking on signs. 505-9 (505.340 A.) 9? 1. After the effective c!atc of this Ordinance, every sign for which a permit is required shall have painted in a conspicuous place thereon in letters not less than ono (1) inch in height, the date of erection; the permit number, and voltage of any electrical apparatus.'used in connection therewith. 2 Every outdoor advertising sign erected under the provisions of this Ordinance shall be plainly marked with the name• of the person or firm erecting such sign. B. Projecting Signs. Except for marquee signs, signs shall in no case project from a building or structure to any point within two (2) feet of a line drawn perpendicularly upward from the curb line. No projecting sign shall be less than nine (9) feet above the sidewalk or the ground level. All projecting signs for which a permit is required shall be constructed entirely of fire resistant material. C. Ground Signs. 1. No ground sign shall be erected, constructed, altered, rebuilt, or relocated to a height at the top of the display exceeding thirty-five - (35) feet above the ground,.unless otherwise ( ( i restricted in this Section. 2. No ground sign display for which a permit is required shall be erected to a height of more than twelve (12) feet above the ground, unless the face is constructed of sheet metal or other noncombustible facing materials. 3 The bottom of the facing of every ground sign shall be at least three (3) feet above the ground, which space, may be filled with landscaping, plat- form, or decorative trim of light wood or metal construction. The soil used for the dug -in type of anchor or post support shall be carefully placed and thoroughly compacted. The anchors and supports shall penetrate to a depth below ground greater than that of the frost line. D. Wall Signs. Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to the same by means of metal anchors, -bolts, 505-10 1.100 (505.340D). or expansion screws of not less than three -eights (3/a) inch in diameter which shall be embedded at least five (5) inches. No wooden blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to building's with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall. F Sian Maintenance. Painting. The owner of any sign shall be required to have such sign properly painted at least once every two (2) years, if needed, including all parts and supports of the sign, unless such parts or supports are galvanized or otherwise treated to prevent rust. ' 1. 2. Area Around Sign. The owner or lessee of any sign, or the owner of the land on which the sign is located shall keep the grass, weeds, or other growth cut and the area free from refuse between the sign and the street and also for a distance of. six (6) feet behind and at the *nds of said sign. F. All signs must meet the requirements of the State Building Code. 505.350 Non -Conforming Signs. All signs not in conformity with the provisions of this Ordinance shall he removed within five (5) years of adoption date of this Ordinance. No improvements to non -conforming signs shall be made -except for safety purposes. 505.360 Obsolete Signs. Any sign for which no permit has been issued shall be taken down and removed by the owner, agent, or person having the beneficial use.of the building, or land upon which the sign may be found within thirty (30) days after written notice from the 'Zoning Administrator. Any sign now or hereafter existing which no longer advertises or .identifies a bona -fide business conducted, or a service rendered, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which the sign may be found within ten days after written notice from the Building Official. 505.370 Unsafe or Dangerous Signs. Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, shall be taken down and removed or structurally improved by the owner, agent, or 505-11 (505.370) person having the beneficial use of the building, structure, or land upon which the sign is located within ten (10) days after written notification from the Zoning Administrator. 505.380 Permit Fees. The application for a sign permit shall be set from time to time by Ordinance of the City Council. 505.390 Expiration of Permit. All sign permits for an advertising sign (business sign, motion sign, pedestal sign, or any sign over one hundred fifty (150) square feet in area) shall expire two (2) years from the date.if issuance. If the work authorized under a sign permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void. 505.400 Permit Applications. All permit applications shall contain the proposed type of sign, size, location, setbacks, illumination, height, width, design, etc. and other relevant specifications as requested on the permit application form. All sign permits shall be granted by the City Building Inspector unless a conditional use permit is required. 505.410 Sign Permit Chart. SP = Sign Permit C = Conditional Use Permit Agricul- Residen- Commer- Indus/Planned P = Permitted Use tural tial cial try 1 Unit N = Not Allowed District District Dist. D . Dev. I. ( — Advertising Sign N N C C Buiness Sign C C SP SP SP Flashing Sign N N N N N 5: 505-12 Amended by Ord. 7920 ' (505.410) SP = Sign Permit a c Conditional Use Permit Agricul- Residen- Comer- Indus- Planned P = Permitted Use tural tial tial trial Unit f N = Not Allowed District District District District Dev. Ground Sign P P SP SP SP Illuminated Sign N N SP SP SP Identification Sign P P P P P Motion Sign N N SP SP SP Nameplate Sign - SP SP SP SP SP ' Pedestal Sign P P SP SP SP Real Estate Sign P P :p .P Real Estate Development * P P P P P Roof Sign, except Gambrel N N N N N Shopping Center Sign N N SP SP SP Temporary or Seasonal Sign P P P P P Wall Sign SP SP SP SP SP Warning Sign on Private Property P P P P P Political Sign P P P P P Displays C N C C C See these Sub -Sections for Further Detail 505.30 505.31 505.32 505.32 505.= * Only signs in this catagory greater than 32 square feet require C. 50S_12 r 1602 DRIVEWAYS 1602.010. Purpose. The purpose of this chapter is to control the location ors 'driveways and curb cuts in order that traf- fic hazards be reduced, adequate street drainage be main- tained, and that ingress and egress from properties shall not constitute a hazard or impair the health, safety, or general welfare' of the residents of the City of Lake Elmo. 1602.020. Permit Requirements. No driveway shall be con- structed in any location wnere motor. Vehicles will be yro- vided with access to any public right-of-way without first obtaining a permit for said construction from the properly designated City employee, who shall require a grade to establish the driveway. Prior to the issuance of the permit, the provisions of this chapter shall be complied with. 1602:030.. Annlication. Any person desiring said permit shall present'a written application to the City describing the 'improvements to be made with plans which indicate that the requirements of this chapter will be met. ' - 1602.040.•= Permit Fees.` The permit fee. shall be set by Ordinance of thet_city Council. , 1602:.e50:4•=Permit Revocation. The permit issued may be re- voked"tir-the City at any time after its issuance for failure to ccmply with the conditions of the permit or the directions of the_" City relative to the work covered by the permit. 1602:060. :General Requirements.' tccf-. - - -_,.. • ":r7-`A.-'Licensed Contractor. '.All work done within the right-o'f=way of the street shall be done by a regularly licensed contractor under the supervision of the proper City employee, who will see that all regulations are rigidly followed. . S. Driveway Surface. Whenever a driveway is con- structed, all that portion of the boulevard designated as driveway shall be surfaced with a plant -mixed machine laid bituminous material conforming to M.H.D. Spec. No. 2331, in accordance with plans approved by the City Engineer. Concrete specifications approved by the City Engineer may also be used for such driveway surfacing at the property owner's awn risk. Should it subsequently become necessary to repair or replace such concrete surfacing in whole or in part, the owner, or owners, of property serviced by such concrete driveways shall pay all costs of such repairs or replacements. - C. Scone. The requirements of this chapter apply to all new construction and to repairs and changes to old drive- ways which do not conform to present requirements. 1602-1 0.602.060 ) D. Notification of Construction. The City is to be notified at least 24 hours in advance of the date. -the. l construction will start. E. Plot Plan. Prior to the construction of a.drive- way, a.plot plan must be submitted which shall,indicate'the location and specifications for driveways and curb cuts:.in accordance with this chapter. The plot plan submitted shall be approved prior to the issuance of a permit for a driveway'. 1602.070. Standards. The following regulations.shall apply to aLL driveways, curb cuts and aisles: A. Width. The maximum width of any driveway and.curb cut shall be twenty-four (24) feet. - 8. Distance between Driveways. The minimum distance Q between curbs of driveways at right-of-way line shall be ten ' (10.) feet in any residential district. In• all other districts, the minimum distance shall be twenty (20) feet. C. Width of Aisles. Any aisle in any parking lot in..: a zoning district other than a residential district shall be ; a minimum of twenty-four (24) feet. Any aisle in a -parking lot in any residential district serving a building containing three or more dwelling units shall also be a minimum of:1 ._ twenty-four (24). feet. D. Distance from Intersection. No driveway on.curb cut shall be less than twenty (20) feet from any right-of-way line of any street intersection, except that in retail,busi- ness, and industrial zoning districts, the minimum distance shall be fifty (50) feet. E. Driveway Angle. The minimum driveway angle from a two-way access street shall be ninety (90) degrees. The mini- mum driveway angle from a one-way street shall be thirty (30) degrees. F. Control of Traffic. Where commercial land uses are adjacent to residential districts, ingress and egress from the commercial uses on streets leading to or through the residential districts shall not be permitted unless it can be demonstrated that adequate access to public right- of-way is thereby denied. In this manner traffic shall be controlled to insure that the location of driveways shall not constitute a hazard nor be injurious to adjacent resi- dential uses. G. Access to Thoroughfares. on properties having frontage on both thoroughfares and minor roads, access shall be provided via the minor road wherever feasible in order to reduce the number of curb cuts on thoroughfares. 1602-2 (1602.070) H. State and County Highway Requirements. The.pro- posed driveway is to be constructed so that if it opens into any street designated as a state or county highway, all addi- tional specifications of theappropriate highway departments will apply. I. A driveway must be at least 5 feet from any lot line,except the lot line. it crosses for -ingress and egress. Sections 301.130 E and F and 1602.080 Parking Areas. See Section 1D04 of this Code. 1602-3 1601. BOULEVARDS 1603.:010. Definition. The "Boulevard" is the area of public right -or -way between the pavement, or improved part of the street, and the right -or -way line. 1603.010. Maintenance R'esponsibility.• A. The owner and the occupant of any property. adjacent to:•a boulevard, within:the City of Lake Elmo shall use due diligence •to keep: such boulevard in a safe condition. No.such.owner.or .occupant shall allow any, noxious weeds, rubbish, dead -trees or branches, or other debris to remain on the boulevard longer than twelve':(12) hours after its'deposit thereon. The owner:yor occupant' 'shall abate or prevent'such nuisance on.such.property. . B'. The'owners and the occupant of. any:. pproperty;.;adjacent 'to a boulevard within the'City of.Lake',S'1mo •shall use"dpe diligence to abate or prevent the nuisances described:-in•Sectionst1501.040 A, C,.''and E, and Section 1506.020 of the.Mucipal.Code of Lake Elmo. Failure to control these nuisances shall: constitute A. violation of this -Ordinance. '. ( 1603-1 - LIMIT= BUSINESS DISTRICT (A) Purpose This section applies to certain properties located along the 1-94 corridor area and outside the area serviced with sanitary sewer facilities. This district is intended to allow areas for the development of limited business such as corporate offices, business parks, professional services, medical and dental clinics and other similar low impact uses. This district may be used as a transitional or buffer district between the rural residential and agricultural land uses and the adjacent interstate freeway. Because there are no plans for sanitary sewer to serve this area, stringent requirements for on -site sewer systems will be applied. This, district shall promote a high quality of business developmentl design and development which produces a positive image and minimizes adverse impacts from traffic, noise, odor, glare and other nuisances. (B) permitted Uses and Structures (1) Professional offices. (2) Clinics for human care including medical and dental clinics. (3) Library, health centers and community buildings. (4) Financial institutions - banks. (5) Medical and dental research and laboratories. (6) Laboratories for research and quality control. (7) Office/warehouses. (C) pccessnry MAPS and $tructures (1) Uses and structures which are clearly incidental and subordinate to the permitted use and structures. See Section 301.130c for further regulations. (D) Uses permitted by Cnn itional Use Permit (1) Nursery, landscape, greenhouse with retail sales. (2) Nursing homes, rest homes, retirement homes or hospitals for human care. (3) Day care centers. (4) Art, interior decorating, photographic or music studio. (5) clubs and lodges. (6) Health, sport and fitness clubs. (7) Mortuaries and funeral homes. 1 HUU-l97-'7U IHU 1b:d8 1U:JHMES H HILL lIiL ILL HU:S'1l SC4-71b ( (E) Mi,imum District Requirements (1) (2) (3) (4) (5) (a) Front (b) Side (c) Side (street) (d) Rear (e) any line adjacent to a residential zone (6) Maximum Building Heights (7) Maximum Lot Coverage by all structures (8) Maximum Total Lot Coverage of all impervious surface (F) Perfnrmanre Standards (1) Architectural Standards Lot Area Lot Width Lot Depth Building setback from (a) Front (b) Side (c) Side (street) (d) Rear (e) any line adjacent to a residential zone 3.5 acres 300 feet 400 feet property lines: 100 feet 50 feet 100 feet 50 feet 100 feet Parking setback from property lines: 50 feet 30 feet 50 feet 30 feet 75 feet 35 feet 25% 65% it (a) It is not the intent of the City to restrict designs freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the City to promote high standards of architectual design and compatibility with surrounding structures and neighborhoods. New building proposals shall include architectual plans prepared by a registered architect and shall show the following: Elevations of all sides of the buildings. Type and color of exterior building materials. Typical general floor plans. Dimensions of all structures. Location of trash containers and of heating, cooling and ventilation equipment and systems. 2 HUU-teJ-'7W IHU 1b1d7 1U;JHI'ICti N HILL IPA kL NU: bi. ids4-7;7.W 11 ZLL ru-1 (b) Unadorned prestressed concrete panels, concrete block anct unfinished metal shall not be permitted as exterior materials. The City may at its sole discretion allow architecturally enhanced block or concrete panels. (c) All rooftop or ground mounted mechanical equipments and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. (2) Parking All drives and parking lots shall be constructed with blacktop, and concrete curb and gutters. Where appropriate, sidewalks may be required. Parking lot landscape areas, including landscape islands shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. (3) Landscaping All yard areas shall either be landscaped green areas or open and left in a natural state. Yards to be landscaped shall be landscaped attractively with lawn, trees, shrubs in accordance with a plan prepared by a landscape architect. Areas left in a natural state shall be kept free of liter, debris and noxious weeds. Yards adjoining any residential zone shall contain a buffer area consisting of berming, landscaping and/or fencing for the purpose of screening noise, sight, sound and glare. A reasonable attempt shall be made to preserve as many existing trees as is practical and to incorporate them into the site plan. Where areas abut residential districts, a buffer area of a minimum depth of 75 feet will be required. Such a buffer area shall be completely constructed and approved by the City prior to all final City inspections for con-' struction on site. Prior to the issuance of a building, permit or commencement of any improvements on site, the owner shall provide the City with a financial security, approved by the City Attorney, to assure construction of the buffer area. (4) Lighting and Glare Plans for new developments shall include a lighting plan denoting the location, type and height of lighting fixtures and the illumination patterns shown on a site plan. Glare whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. 3