1. MU-C Mixed-Use Commercial.
   1. The purpose of the mixed-use commercial district is to provide areas in the city for and promote mixed-use development that supports a sustainable mix of retail, commercial and residential uses that will benefit from proximity and adjacency to one another. It is the intent of the district to require a minimum mix of uses with each plat and PUD. The mixed-use commercial district will serve as a transitional district between more intense highway-oriented development and less intense rural or medium density residential uses. The intent of the mixed-use commercial district is to permit flexibility in the use of the land, while providing a set of minimum development standards in site design, spatial relationships, building architecture and landscape design that will allow property owners to design and construct development projects that respond both to market needs and to city goals and policies. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating a livable environment in a mixed-use area. The transitional aspect of development in this district requires projects that are designed with a special focus on mitigating any negative impacts on existing and future development in the area. The city will evaluate new development proposals for their consistency with these goals and the city may require developers to amend or change development proposals. The city may deny proposals when the city finds them to be inconsistent with the goals and policies of the city.
   2. The district promotes attractive, inviting, high-quality retail shopping and service areas that are conveniently and safely accessible by multiple travel modes. Development shall incorporate creative design and buffering techniques to ensure smooth transitions between different types of development or different intensities of uses. At least 50 percent but no more than 80 percent of the net developable area of a proposed mixed-use commercial development is to be residential, and residential development within these areas shall occur at a density range of 10 to 15 units per acre. If a proposed development does not include at least 50 percent but no more than 80 percent of the net developable land area in residential development, the city will require the applicant to provide a ghost plat (build-out plans) during sketch plan review that proposes how this residential requirement would be met. This method of subdivision (by showing future land use and subdivision) and development review is a front-loading process that preserves land for future residential use. The city will use the ghost plat or sketch plan as an official document to establish land use consistent with the comprehensive plan.
2. MU-BP Mixed-Use Business Park.
   1. The purpose of the mixed-use business park district is to provide areas in the city that will have a mix of general business, business park and residential uses. Having a mixture of land uses within the district allows for better integration of uses and more flexibility to respond to market demands. It is the intent of the district to require a minimum mix of uses with each plat and PUD. The district promotes high standards of site design, spatial relationships, building architecture and landscape design that will foster compact developments with pedestrian convenience and human scale and will preserve and strengthen existing businesses and land uses. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating a livable environment in a mixed-use area. The city will evaluate new development proposals for their consistency with these goals and the city may require developers to amend or change development proposals. The city may deny proposals when the city finds them to be inconsistent with the goals and policies of the city.
   2. The city allows light industrial and limited manufacturing in this district with the city approval of a conditional use permit. All business activities and storage in this district are to be conducted inside buildings that are of high quality and attractive. The city will require developers and builders in the district to provide open space, quality landscaping and berming as part of their projects. Development in this district shall incorporate creative design and buffering techniques to ensure smooth transitions between different types of development or different intensities of uses. At least 50 percent but no more than 80 percent of the net developable area of a proposed mixed-use business park development is to be residential, and residential development within these areas shall occur at a density range of six to ten units per acre. If a proposed development does not include at least 50 percent but no more than 80 percent of the net developable land area in residential development, the city will require the applicant to provide a ghost plat (build-out plans) during sketch plan review that proposes how this residential requirement will be met. This method of subdivision (by showing future land use and subdivision) and development review is a front-loading process that preserves land for future residential use. The city will use the ghost plat or sketch plan as an official document to establish land use consistent with the comprehensive plan.

All development within the mixed-use commercial and mixed-use business park zoning districts shall follow the review and approval process outlined in this section. No development in the MU-C or MU-BP will be permitted prior to the completion of all stages of review, nor with the submission of all required documents, including any additional documents that may be required by the city in the review of the proposed MU-C or MU-BP development.

1. Submittal requirements. In general, the submittal requirements outlined in the city's subdivision regulations shall apply in addition to the application requirements outlined below. If the development is proposed to be a planned unit development, the application requirements outlined in the city's planned unit development process also shall apply. These submittal requirements shall be submitted to the city for the sketch plan and preliminary stages of any development. If the property has already been platted, the development shall still be subject to the following submittal requirements, and the development shall be subject to mixed-use development review. The application requirements for a mixed-use development review shall be the same as those required in LEC 105.12.240 regardless if the proposed uses are permitted. The following outlines the minimum application requirements applicable for a proposed development within the MU-C and MU-BP districts:
   1. A narrative description of the mixed-use project, including how the project fulfills the purposes of the MU-C or MU-BP district.
   2. Identification of minimum required land area to be devoted for residential uses and the land area proposed for commercial, industrial or other land uses based on zoning ordinance and comprehensive plan documents governing land use on the subject property or properties.
   3. Clear demonstration and documentation that the project or development can achieve the required residential densities.
   4. For all business and/or commercial areas, a sketch plan illustrating the proposed layout of commercial buildings and related improvements; alternatively, where business or commercial areas are not proposed to be developed immediately, the applicant may submit an estimate of the commercial development capacity of the property in square feet of commercial building space.
   5. A statement identifying the minimum and maximum development capacity, by land use category, for future phases of the project.
   6. If a proposed development does not include at least 50 percent of the developable land area in residential development, the applicant will be required to provide a ghost plat (build-out plans) during sketch plan review that proposes how the parcel or area adjacent to the proposed development will be used in order to meet the 50 percent residential/50 percent commercial requirement. If an adjacent parcel is included in this ghost plat, the adjacent property owner must sign off on the application or the city will determine that the request does not meet the minimum residential requirements of this Code and will deny the development application or proposal.
2. Mixed-use commercial and mixed-use business park review and approval procedures. The review procedures outlined in the city's subdivision regulations shall apply as applicable, in addition to the review procedures outlined below. If the development is proposed to be a planned unit development, the review procedures outlined in the city's planned unit development process shall also apply. If the property has already been platted, the development shall be subject to mixed-use development review. The city review and approval process for a mixed-use development review of a previously platted property shall be the same as outlined in LEC 105.12.290 regardless if the proposed uses are permitted. Expansion of existing permitted uses on the same parcel on which they exist will not require a mixed-use development review.
   1. Ghost plat as an official document. If a ghost plat submitted with the mixed-use development review because the proposed development could not meet the required mix of having at least 50 percent of the site in residential land uses, the city will use the ghost as an official document to establish a land use mix consistent with the comprehensive plan. The ghost plat or build-out plan shall show a realistic future urban-style lot and block layout and street system, taking into consideration existing streets and access points, utilities, topography, natural features (water bodies, wetlands, etc.) and shall show how the proposed development will not isolate the adjacent land or property making them undevelopable.
   2. Rules and regulations. The city shall review and process mixed-use development requests consistent with all city and state requirements. No requirement outlined in the mixed-use development review process shall restrict the city council from taking action on an application if necessary to meet state mandated time deadlines.
   3. Preconstruction. No building permit shall be granted for any structure within the MU-C or MU-BP districts without approval from the city of the mixed-use development review unless the proposed building is part of an existing development.
   4. Effect on conveyed property. In the event that any real property in an approved mixed-use development review is conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the mixed-use development review and approvals.
   5. Tracking of required 50 percent residential/50 percent commercial requirement. The city shall create a database to track the residential units, the associated residential density (in units per acre) and the acreages of residential and other land uses associated with each development approved by the city with and by the mixed-use development review process.
   6. Changes or modifications. Requests for changes or modifications of an approved mixed-use development shall be made in writing to the city and shall be submitted to the planning director. The determination of whether a proposed modification is minor or major shall be made at the discretion of the planning director.

Table 14-1 lists all permitted and conditional uses allowed in the commercial areas of the MU-C and MU-BP zoning districts. "P" indicates a permitted use, "C" a conditional use and "I" an interim use. Uses not so indicated are prohibited. Cross-references listed in the table under "Standards" indicate the location within this chapter of specific development standards that apply to the listed use.

Combinations of uses. The following use types may be combined on a single parcel.

1. Principal and accessory uses.
2. Single-family attached or multifamily complexes designed for rental or condominium occupancy, since these typically include multiple units and buildings on a single parcel.
3. Other permitted or conditional uses allowed within the district may be combined on a single parcel, provided the city approves a unified and integrated site plan. The city must approve the entire development as a conditional use.
4. A mixed-use building that combines permitted or conditionally permitted residential, service, retail and civic uses may be developed meeting the form standards of this section. Office or studio uses on upper stories of such buildings are encouraged.
5. Compatible uses. In the event of any question as to the appropriate use type or compatibility of any proposed land use or activity in a mixed-use development, the planning director shall have the authority to determine if the city should consider the use or activity as permitted, conditional or prohibited from a location in a mixed-use zoning district. In making such a determination, the planning director shall consider the operational and physical characteristics of the proposed use or activity in question. In addition, the planning director shall consider the specific requirements of the use in common with those included as permitted or conditional uses in the zoning district. Where a question or conflict arises as to the appropriateness or compatibility of a proposed use or activity, the planning director shall refer the matter to the planning commission. The planning commission shall make a recommendation about the matter to the city council, who shall make the final determination as to whether the city will allow (or not allow) a proposed use; is compatible as a permitted use or as a conditional use; is compatible as an accessory use; or is a use that may be added to a specific mixed-use development within the zoning district.

Table 14-1: Permitted, Conditional and Interim Uses, Mixed-Use Commercial and Mixed-Use Business Park Districts

Lot area and setback requirements shall be as specified in Table 14-2: Lot Dimension and Setback Requirements, Mixed-Use-Commercial and Mixed-Use-Business Park Districts.

Table 14-2: Lot Dimension and Setback Requirements, Mixed-Use-Commercial and Mixed-Use-Business Park Districts

Development of land within the mixed-use commercial and mixed-use business park shall meet the following general standards, in addition to those standards set forth in the city's Design Guidelines and Standards Manual and the Development Standards for Specific Uses (listed below):

1. Design and layout. The design and layout of a mixed-use development shall take into account the relationship of the site to the surrounding area. The perimeter of a mixed-use site shall be designed and constructed to minimize undesirable impacts of the mixed-use site on adjacent or nearby properties.
2. Location of residential and commercial development, generally. Residential development within the mixed-use development shall be located adjacent to existing residential development in order to provide a transition to commercial development unless sufficient buffering and screening, as determined by the city, is provided.
3. Commercial and business park development, generally. Developers and applicants shall design additions and all new construction to reflect the general scale and character of existing buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. All commercial/business/industrial buildings and sites are expected to meet or exceed the Lake Elmo Design Guidelines and Standards.
4. Mitigation. Where the industrial or commercial nature of adjacent uses would be incompatible with residential development due to noise, vibration, odor, light, glare or other disturbance, reasonable effort shall be taken to minimize such impacts. Mitigation may include, but is not limited to, increased setbacks, the planting of substantial landscaping for buffering and/or the construction of a wall, fence or earth berm between properties.
5. Circulation. New access points to a County State Aid Highway may be refused or restricted to right-in, right-out movement if alternatives exist. Internal connections shall be provided between parking areas on adjacent properties wherever feasible. In addition, the number and width of curb cuts shall be minimized. To promote pedestrian circulation, existing continuous curb cuts shall be reduced to widths necessary for vehicular traffic, and unnecessary or abandoned curb cuts shall be removed as parcels are developed.
6. Fencing and screening. Fencing and screening walls visible from the public right-of-way shall be constructed of materials compatible with the principle structures.
7. Lighting design. Lighting shall be integrated into the exterior design of new or renovated structures to create a greater sense of activity, security and interest to pedestrians, and shall comply with LEC 105.04.050 et seq.
8. Exterior storage. Exterior materials storage must be screened from view from adjacent public streets and adjacent residential properties, by a wing of the principal structure or by a screen wall constructed of the same materials as the principal structure. The city may approve other materials for the required screening if the city determines the proposed design and materials of the screening would be of a similar design and character of the principle structure. The height of the structure or screen wall must be sufficient to completely conceal the exterior stored materials from view at eye level (measured at six feet above ground level) on the adjacent street.
9. Screening of existing residential structures. When a new development is proposed adjacent to existing single-family residential homes, the developer shall provide screening in accordance with LEC 105.12.480(f). The city may require buffering or screening above and beyond this section in cases where the city determines the required screening will not provide an adequate separation between incompatible uses.

1. Single-family detached dwellings.
   1. 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. No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway.
   3. The primary entrance shall be located on the facade that fronts a public street.
2. Single-family attached dwellings.
   1. A maximum of ten units shall be allowed within a single building. Buildings with more than ten units may be allowed as a conditional use.
   2. Townhouse dwellings shall be located on lots in such a way that each individual unit has a minimum of 15 feet of street frontage. No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway. Townhouses that do not meet the minimum requirements for frontage along the street or that have frontage along a private street may be allowed as a conditional use.
3. Multifamily dwellings.
   1. No vehicle parking shall be located in the front yard or between the front facade and the street.
   2. Common open space for use by all residents or private open space adjacent to each unit (such as a courtyard or balcony or a combination of these) shall be provided. Such open space shall comprise a minimum of 300 square feet per unit.
4. Secondary dwellings.
   1. A secondary dwelling unit may be located within a principal structure used as a single-family detached dwelling, above a detached garage, or within a separate detached structure.
   2. There shall be no more than one secondary dwelling unit on any one lot or parcel.
   3. At least one dwelling unit on each lot or parcel shall be owner-occupied.
   4. The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for a single-family detached dwelling in the zoning district.
   5. If the secondary unit is included in the principal building, the appearance of the building shall remain that of a single-family dwelling. Any new or additional entrances must face the side or rear of the building.
   6. Whether the secondary unit is an addition to an existing structure or a new detached structure, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the principal building. Exterior finish materials and trim must be the same or closely match in type, size and location the materials and trim of the principal building.
   7. A secondary unit within the principal structure shall not contain more than 30 percent of the principal building's total floor area or 800 square feet, whichever is less. A detached secondary unit shall not exceed 1,000 square feet in gross floor area.
5. Live-work unit.
   1. The work space component of the unit shall be located on the first floor or basement of the building.
   2. The dwelling unit component shall maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street.
   3. The work space component of the unit shall not exceed 30 percent of the total gross floor area of the unit.
   4. A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground or in an enclosed space.
   5. The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed-use building.
   6. The business component of the building may include offices, small service establishments, home crafts, etc., that are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business, small engine or power equipment repair or service or a motor vehicle service or repair facility for any motor vehicles other than those registered to residents of the property.
   7. The business of the live-work unit must be conducted by a person who resides on the same lot. The business shall not employ more than two workers on-site at any one time who live outside of the live-work unit.
6. Public assembly and community services.
   1. No exterior bells or loudspeakers are allowed.
   2. The structure containing the use shall be no less than 100 feet from residential properties.
   3. Outdoor recreation areas shall be setback a minimum of 100 feet from residential properties with adequate screening.
   4. The building's meeting space seating capacity shall not exceed 500 persons.
7. Educational services.
   1. The structure containing the use shall be no less than 100 feet from residential properties.
   2. Outdoor recreation areas shall be setback a minimum of 100 feet from residential properties with adequate screening.
   3. The number of persons on-site at any given time shall not exceed 700, with the exception of larger events occurring no more than four times per year.
8. Funeral home. The site shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate. The site shall have a minimum of two driveways or vehicle access points. Crematoriums are not allowed.
9. Medical facilities. Medical facility structures, primary vehicular access points, and landing pads for helicopters involved in emergency transport or rescue operations shall not be located within 1,500 feet of a residential property.
10. Repair and maintenance shop. No outdoor storage is permitted. All business activities (including repairs and maintenance) shall be conducted completely indoors.
11. Veterinary services. All activities and services must be conducted within an enclosed building. Crematoriums are not allowed.
12. Restaurant with drive-through. All parts of the drive-through lanes shall be no less than 200 feet from residential properties.
13. Standard restaurant and restaurant with drive-through, MU-BP district. Must be incorporated as part of a larger business center or lodging use.
14. Retail trade, MU-BP district. Limited to uses clearly incidental and accessory to a permitted or conditionally permitted principal use of the land. The compounding, dispensing or sale of drugs, prescription items, patient or proprietary medicine, sick room supplies, prosthetic devices or items relating to any of the permitted or conditionally permitted uses is only allowed when conducted in the building occupied primarily by medical facilities or offices.
15. Garden center.
    1. The storage or display of any materials or products shall meet all primary building setback requirements of a structure, and shall be maintained in an orderly manner. Screening along the boundaries of adjacent residential properties may be required, meeting the standards of LEC 105.12.950(g).
    2. All loading and vehicle parking associated with the business shall be provided off-street.
    3. The storage of any soil, fertilizer, landscape rock, mulch or other loose, unpackaged materials shall be contained so as to prevent any negative effects on adjacent uses.
16. Motor vehicle parts/supply.
    1. The structure containing the parts supply shall be no less than 200 feet from residential properties or land uses.
    2. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet all setback requirements of a primary structure, and shall be totally screened from view from adjacent public streets and adjacent residential properties.
    3. No test driving of vehicles shall be permitted on local residential streets.
    4. The city does not allow the sales, exterior storage, or display of motor vehicles in the mixed-use zoning districts.
17. Motor vehicle washes.
    1. The structure containing the vehicle wash shall be no less than 200 feet from residential properties.
    2. The city may require additional screening to limit sight and noise impacts of service or wash bays.
    3. The owner or operator shall submit equipment specifications to the city. The city may require the owner or operator of the vehicle wash to implement noise reduction measures to minimize potential negative impacts to nearby residential properties.
    4. The developer and owner shall make adequate provisions for vehicle circulation and stacking on-site. Stacking requirements shall be based on the specifications of the vehicle wash and the amount of time required to wash each vehicle.
18. Motor vehicle fuel stations.
    1. Fuel pumps, canopies and structures shall be no less than 200 feet from residential uses.
    2. The city may require additional screening to limit the impact of headlights and noise on adjacent property.
19. Parking facility.
    1. Within a mixed-use building.
       1. Structured parking is allowed only as a ground floor use within a mixed-use building, provided that it is located on side or rear facades, not facing the primary abutting street.
       2. The primary street-facing facade shall be designed for retail, office or residential use.
    2. In general, as an accessory use.
       1. The parking structure shall not exceed the height of the principal structure on the parcel.
       2. The parking structure shall meet the exterior building material requirements of the district and shall be consistent with the architectural design of the principal structure.
20. Sales and storage lots.
    1. All inventory shall be stored and displayed inside of a building or within an approved outdoor storage area that shall meet the standards required herein.
    2. The outdoor storage of vehicles is prohibited.
21. Outdoor recreation facility.
    1. The city may require performance standards or conditions to minimize the impact of noise and lighting and to minimize the likelihood of the recreational activity spilling over onto adjacent property or rights-of-way. The conditions may include, but are not limited to, limiting hours of use, restricting the location of outdoor courts or rinks, and requiring the installation of fencing and/or screening.
    2. Sport courts or ice rinks shall not be located in the front yard or in a side yard adjacent to a right-of-way of a residential property, and shall abide by structure setback requirements.
22. Indoor recreation and indoor athletic facility.
    1. Entrances for public access as well as other outdoor areas where patrons may congregate shall be no less than 200 feet from residential districts.
    2. Provisions for noise reduction shall be identified and implemented based on the type of use.
23. Non-production and light industrial, MU-BP district. Non-production industrial use shall be allowed as a principal use, and may include wholesale and off-premises sales, provided that:
    1. The structure containing the use shall be no less than 200 feet from residential land uses;
    2. The use shall be served by a street of sufficient capacity to handle the traffic the use will generate;
    3. The use shall include a retail or office component equal to at least 25 percent of the floor area of the use;
    4. 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 area;
    5. The owner or operator shall submit equipment specifications to the city. The city may require the owner or operator to implement vibration and noise reduction measures as part of their business.
24. Outdoor dining accessory to food services.
    1. Tables shall not block a public sidewalk or other walkway needed for pedestrian circulation. A minimum of five feet of sidewalk or walkway must remain open.
    2. All outdoor dining space shall be at least 200 feet from any residential property.
    3. The outdoor dining area shall be directly adjacent to the principal structure and shall be clearly delineated by fencing and decorative landscaping.
    4. Outdoor loudspeakers and lighting shall be designed to limit impacts on adjacent property or rights-of-way.
25. Medical facilities. Medical facility structures, primary vehicular access points, and landing pads for helicopters involved in emergency transport and rescue operations shall be located at least 1,500 feet from a residential property.
26. Outdoor storage yard/facility.
    1. Outdoor storage of display of goods used in conjunction with and on the same site as the permitted or conditional use:
       1. The display area shall be directly adjacent to a structure or under a permanent canopy.
       2. The display area shall not exceed two percent of the area of the footprint of the principal building or 400 square feet, whichever is less.
       3. Goods in the display area shall be neatly organized and stored.
       4. The display area shall not occupy parking/loading or landscaping areas, and shall not interfere with fire and safety access to the building.
    2. Outdoor storage of materials and inventory:
       1. Outdoor storage shall not be permitted on parcels less than three acres in size.
       2. The area of storage shall not exceed an area equal to ten percent of the gross area of the lot or 20 percent of the footprint area of the principal structure, whichever is less.
       3. The area of storage shall not be located within the front yard or a side yard adjacent to a right-of-way.
       4. The outdoor storage of damaged or inoperable motor vehicles or equipment is prohibited.