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Lake Elmo City Zoning Code

ARTICLE XI

RURAL DISTRICTS

105.12.610 Purpose

The rural districts are established to provide guidance for existing rural development that is served primarily by on-site wastewater treatment facilities in the city. The objectives of these districts are to preserve and enhance the quality of living in the existing rural areas, as well as regulate structures and uses which may affect the character or desirability of these areas. The rural districts and their purposes are as follows:

  1. RT Rural Development Transitional District. The RT Rural Development Transitional District is an interim holding zone that will regulate land uses within those portions of the city planned and staged for development that will connect to regional sewer service in accordance with the comprehensive plan. The future zoning classification for areas zoned RT and the timing for any zoning map amendments to rezone property in this district will be determined by the city council upon the extension of public sanitary sewer and water services into these areas. In the meantime, agricultural and existing residential uses will be allowed to continue in addition to other uses that are consistent with the A and RR zoning districts.
  2. A Agricultural District. The A Agricultural District will apply to agricultural or undeveloped areas in the city, including any newly annexed areas. The purpose of the district is to allow for agricultural and other activities typically associated with agriculture, including non-farm dwellings at a density of one unit per 40 acres. Future residential development may occur at the aforementioned density or through the open-space preservation development process. These parcels are expected to be served by on-site wastewater treatment facilities. In addition, some limited agriculture-related businesses, such as wayside stands and outdoor recreation, are appropriate short-term or interim uses for this district.
  3. RR Rural Residential District. The RR Rural Residential District is established for lands that have existing small-scale agricultural activity, as well as single-family residential dwellings. Future residential development may occur at a density of one dwelling unit per ten acres, or through the open-space preservation development process. These sites are expected to be served by on-site wastewater treatment facilities. Some limited agriculture-related businesses, such as wayside stands, are appropriate as interim uses for this district.
  4. RS Rural Single-Family District. The RS Rural Single-Family District is established for lands that have already been platted as conventional residential subdivisions prior to the 2005 adoption of the comprehensive land use plan. Only lots which were part of a subdivision prior to and up to 2005 are eligible for rezoning to RS.
  5. RE Residential Estate District. The purpose of the RE Residential Estate District is to allow for single-family detached dwellings on large lots. The large lots and setbacks provide for an open-space environment that is consistent with the rural character of the city. Planned residential subdivisions are allowed on a minimum of 20 acres (nominal) with an average subdivision density of 3.33 acres per residential unit. Lot sizes should be adequate to provide for on-site wastewater treatment.
HISTORY
Amended by Ord. 08-242 on 1/5/2021
Adopted by Ord. 08-253 on 11/3/2021

105.12.620 Permitted, Conditional, And Interim Uses

Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use.

Combinations of uses. Principal and accessory uses may be combined on a single parcel.

Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts


RTARRRSREStandard
Residential Uses
Household living






Single-family detached dwelling
PPPPPLEC 105.12.650(a)
Secondary dwelling
-P---LEC 105.12.650(d)
Services
Self service storage facility
Ia
Ia
---LEC 105.12.650(g)
Outdoor Recreation
Outdoor recreation facility
-C---LEC 105.12.540(c)
Parks and open areas
PPPPPLEC 105.12.110(b)(7)
Restricted recreation-C---LEC 105.12.540(b)
Agricultural and Related Uses
Agricultural entertainment businessIII--LEC 105.12.1420
Agricultural productionPPP--LEC 105.12.110(b)(9)
Agricultural sales businessIII--LEC 105.12.1410
Agricultural servicesCC---LEC 105.12.650(j)
Forestry operations-P---LEC 105.12.110(b)(9)
Greenhouses, non-retailCCC--LEC 105.12.110(b)(9)
Solar farmICC--LEC 105.12.1470
Wayside standPPP--LEC 105.12.110(b)(9)
Industrial and Extractive Uses
Motor freight and warehousingIa----LEC 105.12.650(g)
Environmental Uses
Wind Generator - Ground MountedCCCCCLEC 105.12.560(b)
Wind Generator - Roof/Structure MountedCCCCCLEC 105.12.560(b)
Accessory Uses
Bed and breakfastPPPPPLEC 105.12.570
Domestic petsPPPPPLEC 105.12.110(b)(13)
Family day carePPPPPLEC 105.12.110(b)(13)
Home occupationPPPPPLEC 105.12.110(b)(13)
Kennel, privateCCC--LEC 105.12.110(b)(13)
Solar energy systemsPPPPPLEC 105.04.220(c)
Stable, privateCCC--LEC 105.12.110(b)(13)
Swimming pools, hot tubs, etc.PPPPPLEC 105.08.160
Temporary salesPPPPPLEC 105.12.110(b)(13)
Water-oriented accessory structuresPPPPPLEC 105.12.1230
Wind Generator - Ground MountedCCCCCLEC 105.12.560(b)
Wind Generator - Roof/Structure MountedCCCCCLEC 105.12.560(b)
Other structures typically incidental and clearly subordinate to permitted usesPPPPP 
Commercial wedding ceremony venueIII--LEC 105.04.220(d)
Farm Schools, Public and PrivateICCCC105.12.510
Open space preservation development
OP development-CC--Ch. 105.12, Art. XVII
Notes to rural districts Table 9-1:
a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of-way and survey variations.
c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit.
e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required.
f. 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.
g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards.
HISTORY
Amended by Ord. 08-243 on 1/5/2021
Adopted by Ord. 08-253 on 11/3/2021
Amended by Ord. 2023-20 on 11/21/2023

105.12.630 Lot Dimensions And Building Bulk Requirements

Lot area and setback requirements shall be as specified in Table 9-2, Lot Dimension and Setback Requirements.

Table 9-2: Lot Dimension and Setback Requirements, Rural Districts


RTARRRSRE
Minimum Lot Area (acres)
Single-family detached dwelling
2040a,b
10c
1.5d
2.5e,f
Minimum Lot Width (feet)
Single-family detached dwelling
300300300125NAf
Maximum principal structure height (feet)i
3535353535
Maximum impervious coverage
---25 percent
15 percent
Minimum Principal Building Setbacks (feet) h,i
Front yard
301003030100
Interior side yard
10100101050
Corner side yard g25100252580
Rear yard401004040100
Minimum Accessory Building Setbacks (feet)h,i,j
Front yard301003030100
Interior side yard10100101015
Corner side yard25100252530
Rear yard40100401015
Minimum Agricultural Related Setbacks (Animal buildings, feedlots or manure storage sites)
Any property line200200200--
Any existing well or residential structure505050--
Any body of seasonal or year-round surface water200200200--
Notes to rural districts Table 9-2:
a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: a 40-acre parcel not reduced by more than ten percent due to road rights-of-way and survey variations.
c. Nominal ten acres: a ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit.
e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required.
f. 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.
g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards.
i. Ground-mounted wind generators may exceed the allowable height restriction designated in all rural districts and are subject to different setback requirements as identified in LEC 105.12.560.
j. On properties that are identified as a Riparian Lot, accessory structures may be placed between the principle structure and the public right-of-way. See LOC 105.12.670
HISTORY
Amended by Ord. 08-246 on 7/20/2021
Amended by Ord. 08-248 on 8/4/2021
Adopted by Ord. 08-253 on 11/3/2021

105.12.640 Dimensional Requirements And Preservation Of Open Space

Lot configuration, RR district. All lots must be rectangular in shape and any two adjacent sites must have an aspect ratio not exceeding 4:1.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.650 Site Design And Development Standards

Development of land within the rural districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in LEC 105.12, arts. VII, VIII and IX. The following standards apply to specific uses, and are organized by district:

  1. Single-family detached dwelling, all rural districts. All single-family dwellings shall be at least 24 feet in width, at least 960 square feet in area, and be placed on a permanent foundation.
  2. Septic drainfield regulation, A, RR, and RS districts. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on-site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations.
  3. Septic drainfield regulation, RE district. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on-site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations.
  4. Secondary dwelling, A district. 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, is permitted provided:
    1. 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;
    2. 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 three times the other; and
    3. The dwelling is separated by at least 300 feet from the nearest farm building.
  5. Parking standards, A, RR and RS districts. Three spaces of off-street parking required per dwelling unit.
  6. Parking standards, RE district.
    1. Two enclosed spaces minimum (200 square feet minimum per space).
    2. Two exterior spaces within minimum setback of 50 feet from any property line.
  7. Non-agricultural low impact use, A, RT districts. The city recognizes that allowing non-agricultural low impact uses, strictly controlled and regulated by interim use permit, might allow a farmer or large property owner an economical use of his property that is zoned agricultural. The following standards may apply to these types of uses:
    1. All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned agricultural and remain so zoned while the conditional use permit is in effect.
    2. The area where the non-agricultural low impact use is located shall be legally defined and approved by the city and is hereafter known as the "non-ag area." The non-ag area shall not exceed four percent of the property owner's contiguous agricultural zone gross lot area. The building footprints and asphalt and concrete surfaces within the non-ag area shall not exceed 1.5 percent of the property owner's contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel driveways, and other improvements that would otherwise be permitted in the agricultural zone may be located outside of the non-ag area.
    3. Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or larger.
    4. Non-agricultural low impact uses shall not generate more than three trips per day per acre of contiguous agriculturally zoned area, with the exception of land with sole access to Hudson Boulevard that shall not generate more than six trips per day per acre.
    5. Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway or adjacent landowner's boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the interim use permit which shall clearly demonstrate by view cross-sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the interim use permit.
    6. Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive.
    7. The property owner shall maintain the remaining land or farm outside of the IUP area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district.
    8. Rate and volume of stormwater runoff must meet the requirements of the city's stormwater ordinance.
    9. In the event that the property owner, or future property owner, initiates a comprehensive plan amendment and rezoning of any or all of the contiguous real estate from agriculture to a more intensive use, the interim use permit shall terminate and all nonconforming structures shall be removed from the site within one year from the date of the city council's adoption of the comprehensive plan amendment and rezoning, unless the city agrees otherwise. This section shall not apply if the city initiates rezoning or if property owner is forced to transfer title to any part of the contiguous real estate due to eminent domain.
    10. All conditional use permits granted to a non-agricultural low impact shall be reviewed on an annual basis, and may be rescinded, after a two-week notice and a public hearing, if the council finds that the public health, safety, or welfare is jeopardized.
    11. The standards for buildings or structures, as listed in the minimum district requirements of the agricultural zone, shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived.
  8. Unserviced lots, RT, A, RR districts. All lots that are subdivided without city sewer and public water service shall meet the following standards:
    1. Lots, houses and other structures, driveways and any new streets shall be located in compliance with the comprehensive plan and any more detailed area plans for future roads, public water services, and drainage.
    2. The planning commission may require a sketch plan showing how the entire tract could be divided when city services become available. Lots and buildings shall be sited and streets shall be laid out to facilitate future subdivision.
  9. Commercial kennel, commercial stable, or accessory kennel or stable, RT, A, RR districts. The facility shall occupy a site at least ten acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required.
  10. Agricultural services and support, RT, A districts.
    1. A facility established after the effective date of the ordinance from which this article is derived shall have direct access to a collector or higher classification street.
    2. An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood.
    3. All processing of animal or dairy products shall take place within an enclosed building.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.660 Accessory Uses And Structures

Accessory uses are listed in the rural district use table as permitted or conditional accessory uses. Accessory uses and structures in the rural districts shall comply with the following standards and all other applicable regulations of this article:

  1. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.
  2. Incidental to principal use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served.
  3. Subordinate to principal use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.
  4. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served.
  5. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure.
  6. Exemption. Fish houses, as defined in this Code and located in the RS Rural Single-Family District, are exempt from this requirement, provided the following criteria are met: must be located on a lot one-half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with shoreland regulations and RS Rural Single-Family District setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current fish house license with the state department of natural resources regardless if it is left on a water body overnight. If a current state department of natural resources fish house license is not obtained for the structure, the structure must be removed from the property within 60 days.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.670 Accessory Structures, Rural Districts

  1. Size and number. The maximum number and size of accessory buildings permitted in rural zoning districts are outlined in Table 9-3:
    Table 9-3: Accessory Buildings, Rural Zoning Districts

    Lot Size
    Maximum Structure Sizea,c (square feet) No. of Permitted Buildings
    Under 1 acre
    1,200
    1
    1--1.99 acres
    1,5001
    2--4.99 acres
    1,7501
    5--9.99 acres
    2,0002
    10--14.99 acres
    2,5002b
    15--19.99 acres
    3,0002b
    20--39.99 acres
    4,0002b
    40+ acres
    Unregulatedc
    Unregulatedc
    Notes to Table 9-3:
    a. Maximum structure size accounts for the total maximum area allowed for all permitted accessory structures combined.
    b. One agricultural building, as defined in LEC 105.12.440, is allowed in addition to the permitted number and size of accessory structures.
    c. Agricultural buildings, as defined in LEC 105.12.440, are allowed on properties forty acres or more in addition to two permitted accessory structures which total 4,000 square feet and are not classified as agricultural..
  2. Structure height, rural districts. No accessory building shall exceed the height of the principal structure, with the exception of agricultural buildings, as defined in LEC 105.12.440. Building projections or features on accessory structures that are not agricultural buildings as defined in LEC 105.12.440, such as chimneys, cupolas, and similar decorations are permitted in rural districts.

    Riparian Lots, when accessory buildings are allowed between the principal structure and the public right-of-way the accessory building shall not exceed one story in height or the height of the principle structure, whichever is less.
  3. Structure location, rural districts. Except for Riparian Lots, no detached garages or other accessory buildings shall be located nearer the front lot line than the principal building on that lot.
  4. Exterior design and color. The exterior building materials, design and color of all accessory buildings or structures shall be similar to or compatible with the principal building, with the exception of the following accessory buildings or structures:
    1. Detached domesticated farm animal buildings.
    2. Agricultural buildings.
    3. Pole buildings, as defined and regulated in LEC 105.12.440.
    4. Gazebos.
    5. Swimming pools.
    6. Other structures in which the required design is integral to the intended use, such as a greenhouse.
  5. Attached garages, size. Attached garages must not exceed the footprint size of the principal building.
HISTORY
Amended by Ord. 08-246 on 7/20/2021
Adopted by Ord. 08-253 on 11/3/2021

105.12.680 Accessory Uses

  1. Exterior storage in residential districts. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following:
    1. Laundry drying.
    2. Construction and landscaping materials and equipment currently being used on the premises. Materials kept on the premises for a period exceeding six months shall be screened or stored out of view of the primary street on which the house fronts.
    3. Agricultural equipment and materials, if they are used or intended for use on the property.
    4. Off-street parking and storage of trailers 25 feet in length or less as regulated in LEC 105.12.410, are licensed (when applicable) and kept in operable condition.
      1. Trailers shall be licensed to a resident of the property.
      2. Residential properties are allowed to store one trailer (boat trailer, utility trailer, recreational vehicle, etc.) within the front yard. All other trailers must be stored either in the side or rear yard, and must be at least 5 feet from all property lines.
      3. Trailers must not be used as temporary or permanent storage of items as described in LEC section 9.28.
  2. Firewood storage. For personal use only.
    1. Firewood must be stacked in a stable manner, cannot exceed 5 feet in height, and stored only in the side or rear yards. In the case of properties with multiple street frontages, fire wood shall not be stored on a side that abuts a public street.
  3. Temporary sales. Temporary sales, also known as yard or garage sales, are permitted in all residential districts, limited to two per calendar year per residence, not to exceed four days in length.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.690 Accessory Uses And Structures Not Listed

Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in any district, are listed in LEC 105.12, art. IX. These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such as swimming pools and solar equipment.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-242

08-253

08-243

2023-20

08-246

08-248