Zoneomics Logo
search icon

Lake Elmo City Zoning Code

ARTICLE XXI

DESIGN AND PERFORMANCE STANDARDS; RESTRICTIONS ON NUISANCE AND HAZARDOUS ACTIVITIES

105.12.1310 Minimum Standards; Purposes

All uses, buildings, and structures permitted pursuant to this article shall conform to the performance and design standards set forth in this article; the standards are determined to be the minimum standards necessary to comply with the intent and purposes of this Code as set forth in this article.

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

105.12.1320 Principal Building

  1. There shall be no more than one principal building on any one parcel of land.
  2. No cellar, garage, recreational vehicle or trailer, basement with unfinished exterior structure above, or accessory building shall be used at any time as a dwelling unit.
  3. All principal buildings hereafter erected on unplatted land shall be so placed as to avoid obstruction of future street or utility extensions and shall be so placed as to permit reasonably anticipated future subdivisions and land use.
  4. All principal buildings shall meet or exceed the minimum standards of the state building code, the state uniform fire code, the state department of health, the state pollution control agency, and the city's on-site sewage treatment ordinance.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1330 Public Convenience Structures

No public use or convenience structure shall be located within the public right-of-way. The structure shall include, but shall not be limited to, trash containers, institutional direction signs, bicycle racks, benches, plating boxes, awnings, flag poles, bus shelters, light standards, stairs, stoops, light wells, newspaper storage containers, mail boxes for private mail delivery firms, loading wells, signs, and others. The structures do not include utility facilities.

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

105.12.1340 Traffic Control

  1. The traffic generated by any use shall be controlled so as to prevent:
    1. Congestion of the public streets;
    2. Traffic hazards; and
    3. Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward-moving with no backing into street.
  2. On any corner lot, nothing shall be placed or allowed to grow in a manner that impedes vision between a height of 2 1/2 feet and ten feet above the centerline grades of the intersecting streets within 15 feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within 15 feet of any intersecting street right-of-way lines.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1350 Storage Of Hazardous Materials

No uses associated with the bulk storage of over 2,000 gallons of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall be permitted except as are specifically permitted by the council after finding that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. All existing above ground liquid storage tanks having a capacity in excess of 2,000 gallons shall secure such permission within 12 months following enactment of this article. The zoning administrator shall require the development of diking around the tanks, suitably sealed to hold a leakage capacity equal to 115 percent of the tank capacity. Any existing storage tank that, in the opinion of the planning commission or the council, constitutes a hazard to the public safety shall discontinue operations within five years following enactment of the ordinance codified in this article.

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

105.12.1360 Explosives

No activities involving the storage, use, manufacture of materials or products which could be detonated shall be permitted except those that are specifically permitted by the council. The materials shall include, but shall not be confined to, all primary explosives such as lead azide and mercury fulminate; all high explosives and boosters such as TNT, tetryl and nitrates; propellants and components thereof such as nitrocellulose, black powder, and nitroglycerin; blasting explosives such as dynamite; and nuclear fuel and reactor elements such as uranium 235 and plutonium.

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

105.12.1370 Fallout Shelters

Fallout shelters may be permitted in any district, subject to yard regulations of the district. The shelters may contain or be contained in other structures or be constructed separately, and in addition to shelter use, may be used for any use permitted in the district, subject to the district regulations on that use.

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

105.12.1380 Dwelling Units In Commercial And Industrial Districts

Dwelling units for watchman and family shall be considered as an accessory use and shall conform to all applicable regulations for the district in which located, except as modified in this section:

  1. A dwelling unit in the commercial district located in a commercial structure shall not occupy the front half of the ground floor or basement.
  2. A dwelling unit in a commercial or industrial building shall not contain more than one bedroom, unless the building is part of a planned unit development.
  3. No detached dwelling unit shall be permitted in the commercial or industrial districts, except as part of a planned unit development.
  4. A dwelling unit which is a part of the principal building shall be provided with two exits; one shall be a direct outside exit.
  5. All buildings shall conform to the building code and applicable fire codes.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1390 Radiation And Electrical Interference Prohibited

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of ordinary business or household equipment and appliances. Any such emissions are declared to be a nuisance.

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

105.12.1400 Temporary Farm Dwelling

  1. No person shall park or occupy a mobile home on the premises of a lot with any occupied dwelling or on any land which is situated outside an approved mobile park, except as provided in this section. The mobile home will be an accessory dwelling unit located on a farm of at least 75 acres in size.
  2. Occupants.
    1. The mobile home will be occupied by persons who are either:
      1. Members of the family of the persons occupying the principal dwelling house on the premises; or
      2. Members of the family engaged in the occupation of farming on the premises as partners or other business associates of the persons living in the principal dwelling house on the premises, and who earn 50 percent or more of their annual gross income for federal income tax purposes from farming on the premises.
    2. The mobile home use will expire and terminate at such time as the persons occupying the mobile home are no longer engaged in farming on the premises as required by LEC 105.12.260(b); and
    3. At the time of termination, the mobile home temporary farm dwelling shall be removed from the premises within 30 days when practicable.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1410 Temporary Construction Office

A temporary mobile home may be permitted in any district if the zoning administrator finds the following conditions are satisfied:

  1. The mobile home will be utilized as a field headquarters for directing the ongoing construction of a project;
  2. Only one mobile home shall be permitted on each project;
  3. The mobile home shall have adequate sanitary facilities or the site shall have temporary sanitary facilities installed;
  4. The mobile home and parking spaces shall adhere to all setbacks for the zoning district and shall only utilize the permitted access driveway;
  5. The mobile home shall not be used as a dwelling unit; and
  6. The mobile home shall be removed within 30 days of the permit termination.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1420 Recreation Vehicles

  1. The term "recreational camping vehicle" includes the following:
    1. Any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses;
    2. Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation;
    3. Any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle; and
    4. Any folding structure, mourned on wheels and designed for travel, recreation and vacation use.
  2. A recreational vehicle may not be parked on any land outside of an approved camping area or an approved sales lot, except that the parking of one unoccupied vehicle in an accessory private garage, building, or in the rear yard of a residential district is permitted, provided that no living quarters shall be maintained or any business practiced in the trailer while it is so parked or stored.
  3. A recreational vehicle of the type described in subsection (a) of this section and owned by a non-resident, guest or visitor may be parked or occupied by the guest or visitor on property on which a permanent dwelling unit is located for a period not to exceed 30 days while visiting the resident of the property. The recreation vehicle shall have self-contained sanitary facilities or standard on-site facilities as required by the community building official/sanitarian.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1430 Recreational Camping Area

Any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five or more tents, or recreational camping vehicles free of charge or for compensation. Recreational camping area excludes children's camps, industrial camps, migrant labor camps, as defined in state statutes and state commissioner of health rules, U.S. Forest Service Camps, state forest service camps, state wildlife management areas or state-owned public access area, which are restricted in use to picnicking and boat landing, also referred to as "area" in this section.

  1. Trailer park operation. No person, firm, or corporation shall develop or operate any recreational camping area without having first obtained a conditional use permit.
  2. Application. The application for an approval, in addition to the requirements, shall indicate the name and address of the developer and a general description of the construction schedule and construction costs. The application shall be accompanied by 20 copies of plans, which indicate the following:
    1. Location and size of camping area;
    2. Location and size of all vehicle or trailer lots, dead storage areas, recreation areas, laundry drying areas, roadways, parking spaces and sites, and all setback dimensions;
    3. Detailed landscaping plans and specifications;
    4. Detailed grading plan with two-foot contour intervals;
    5. Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, and gas service;
    6. Plans for an overhead street lighting system shall be submitted for approval by the city engineer;
    7. The method of disposing of garbage and refuse;
    8. Location, size, and character of each lot;
    9. Location and size of all streets abutting the area;
    10. Road construction plans and specifications;
    11. Plans for any and all structures; and
    12. Such other information as may be required or requested by the city.
  3. Designation of uses. The area design shall designate specific areas for primitive tent camping, recreation vehicles, and trailers.
  4. Trailer park lots. On any area lot, the placement of recreational vehicles shall conform to all setbacks and other requirements of the zoning district in which the lot is located.
  5. Performance standards for trailer parks.
    1. All water supply and sanitary facilities must conform to the current recommendations of the state department of health and pollution control agency.
    2. All areas shall have at least 20 percent of the land area (exclusive of internal streets) developed for recreational use (i.e., tennis courts, children's play equipment, swimming pools, golf greens and the like) which shall be developed and maintained by the owner or operator at owner's/operator's expense. All areas must have an area or areas set aside for dead storage and over-load parking. Open air drying of laundry and clothes shall be allowed only in approved areas established and maintained exclusively for that purpose.
    3. All utilities, such as sewer, water, fuel, electric, telephone, and television antenna lead-ins, shall be buried to a depth specified by the city engineer, and there shall be no overhead wires or support poles except those essential for street or other lighting purposes. All utility connections shall be approved by the city prior to connection. Plans for the disposal of surface stormwater shall be approved by the city engineer.
    4. All land area shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish or debris. The proposed method of garbage, waste, and trash disposal must be approved by the council and must meet or exceed the current state department of health standards.
    5. All structures shall require a building permit. It is not the intent of this chapter to repeal or abrogate any part of the building code. The provisions of this chapter shall be enforced in addition to and in conjunction with the provisions of the building code.
    6. The source of fuel for cooking, eating, or other purposes for each lot shall be approved by the council. Periodic inspection of the entire park by the zoning administrator may be required.
    7. No vehicle shall be allowed in a vehicle park that does not conform to the requirements of the motor vehicle code of the state. Every structure in a vehicle park shall be developed and maintained in a safe, approved, and substantial manner.
    8. A properly landscaped area shall be adequately maintained around each area. No vehicular building shall be located within 20 feet of the exterior boundary of any park or within 40 feet of any exterior, existing public road right-of-way.
    9. Each area shall contain at least 30 fully developed vehicle lots. Access to parks shall be provided as required by the zoning administrator. The access streets shall be paved in accordance with minimum specifications required for the construction of any city street.
    10. Advertising shall be limited to one sign not to exceed 24 square feet, with lighting, height, and location as approved by the council.
    11. Each area must have one or more central community buildings with central heating which must be maintained in a safe, clean, and sanitary condition. The buildings shall be adequately lighted during all hours of darkness and shall contain laundry washers, dryers and drying areas, in addition to public toilets and lavatory. Each area shall have a building for the use of the operator distinctly marked office and the marking shall be illuminated during all hours of darkness. An illuminated map of the park shall be displayed at the office.
    12. An adult caretaker must be on duty at all times in the area. The operator of every area shall maintain a register in the office of the area indicating the name and address of the owner and occupants of each vehicle, license number of each recreational vehicle and automobile of each occupant, and the date of arrival and departure of each vehicle. The corners of each lot shall be clearly marked and each lot shall be numbered. The grounds of the park shall be adequately lighted from sunset to sunrise.
    13. No dogs or animals shall be permitted to run at-large within the area. No public address or loud speaker system will be permitted.
    14. No RV camping area shall be located so that drainage from the park or camp area will endanger any water supply. All areas shall be well drained. No portion of the area shall be located in an area subject to flooding. No waste water from the trailers or other recreational vehicles shall be deposited on the surface of the ground.
    15. Each lot shall abut or face a driveway or clear unoccupied space of not less than 16 feet in width, which shall have unobstructed access to the internal area road system.
    16. Lots shall be designed to allow an open space of at least 50 feet between each vehicle or tent and at last 30 feet between the vehicle or tent and the front lot line butting the interior camping area road system.
    17. Each lot shall have 200 square feet of off-street parking space, or as approved by the zoning administrator, for two automobiles. No parking spaces shall be closer than ten feet to any side yard lot line.
    18. Each lot, or pair of lots, shall contain adequate containers to store, collect, and dispose of refuse and garbage so as to create no health hazards, rodent damage, insect breeding, accident or hazardous fire areas, or air pollution. Each lot, or pair of lots, shall have insect-proof, water-tight, rodent-proof refuse container on the lots.
    19. Each lot shall be no further than 400 feet from the nearest, readily available drinking water supply.
    20. Each lot with an individual water system connection shall have a water supply capable of supplying 100 gallons of water per site per day.
    21. All recreational vehicle areas shall be equipped with at least one central toilet, bathing and laundry building, which meets or exceeds the requirements of the state department of health, except that in primitive tent camping areas, only toilet facilities shall be required as per the state department of health.
    22. Outdoor cooking or burning shall be confined to fireplaces, pits, grills, or stoves, which shall be permanently affixed to a designated location on each lot as per the site plan. Each permanent cooking or burning facility shall be placed on the lot so as to minimize the fire hazards and smoke nuisance.
    23. Incineration of refuse, garbage, or other wastes shall not be permitted within any recreational vehicle camping area.
    24. All centralized refuse collection and equipment, and area maintenance equipment shall be stored in a screened and fenced service yard within the camping area.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1440 Agricultural Sales Businesses

Agricultural sales businesses shall be allowed upon the issuance of an interim use permit in agricultural and rural areas that are guided for rural agricultural density or future sewered development in accordance with the comprehensive plan. Agricultural sales businesses shall be subject to the following performance standards:

  1. Activities shall be limited to those listed within the definition for agricultural sales business.
  2. The agricultural sales business shall be located on land owned or leased by the producer or the operator of the business, and not within or on any public rights-of-way or easements.
  3. The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business.
  4. All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties.
  5. All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties.
  6. The maximum gross floor area that can be devoted to sales activities is limited to 20,000 square feet.
  7. Parking shall be provided in accordance with the parking requirements for other commercial uses, as per § 154.051(C). All parking must occur on-site, be on a primary surface such as Class 5 gravel or pavement and must be set back at least 30 feet from all property lines.
  8. The minimum lot size shall be 40 acres for any agricultural sales business.
  9. On-site wastewater handling system shall be planned and designed by a licensed professional and approved by the city or its designated responsible authority. Usable primary and alternate well and septic sites sized for the maximum anticipated usage of the property shall be identified on the property. Alternate sites shall be protected in the site plan design, and will only need to be used upon failure of a primary site.
  10. Any structures constructed for the agricultural sales business shall be consistent on design and appearance with other agricultural buildings in the area.
  11. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate for the underlying zoning. The base daily trip generation is established at 180 vehicle trips per day for even 40 acres.
  12. The maximum impervious coverage for the buildings, parking areas and other uses devoted to the agricultural sales business shall not exceed 40,000 square feet and the remainder shall be suitably landscaped.
  13. Any activities that are defined as an agricultural entertainment business shall require a separate interim use permit.
  14. Any exterior storage of equipment and materials other than the display of products being sold or agricultural equipment currently in use on the property shall be prohibited, unless otherwise exempted in accordance with LEC 105.04.010 through LEC 105.04.030.
  15. There shall be a minimum buffer of 100 feet between any sales areas or sales buildings and any adjacent residential property lines.
  16. Rooftop or outside building mechanical equipment must be screened from view from adjacent properties and rights-of-way with an opaque material architecturally compatible with the buildings.
  17. Trash containers must be located inside or screened in an acceptable manner.
  18. The operator shall adhere to the general review criteria applicable to all interim use permit applications.
  19. No activities or structures beyond those specified in the interim use permit shall be added before review by the city to determine compliance with this section.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1450 Agricultural Entertainment Businesses

Agricultural entertainment businesses shall be allowed upon the issuance of an interim use permit in agricultural and rural areas that are guided for rural agricultural density or future sewered development in accordance with the comprehensive plan. Agricultural entertainment businesses shall be subject to the following performance standards:

  1. An agricultural entertainment business shall adhere to all performance standards as outlined in LEC 105.12.1410 for an agricultural sales business;
  2. The property proposed to be used for agricultural entertainment must be located with direct access to a collector or arterial street as identified in the comprehensive plan;
  3. Discharge of firearms, including blanks, shall not be allowed on the property;
  4. The property owner must take reasonable steps to prevent trespassing on adjacent properties by employees, contractors or patrons.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1460 Enforcement

  1. Application to city personnel. The failure of any officer or employee of the city to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.
  2. Equitable relief. In the event of a violation or the threatened violation of any provision of this chapter, or any provision or condition of a permit issued pursuant to this chapter, the city in addition to other remedies may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation or threatened violation.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.1470 Solar Farms

  1. Conditional or interim use permit. A conditional or interim use permit subject to the zoning district in which the proposed solar farm is to be located.
  2. Minimum lot size. Solar farms are limited to properties at least ten acres in size.
  3. Setbacks. Solar equipment shall be at least 150 feet away from all property lines and public road right-of-way measured from the exterior edges of the solar equipment.
  4. Screening Requirements. The following screening requirements apply in addition to landscaping requirements outlined in 105.12.480 to mitigate potential negative impacts of solar farms from adjacent land uses:
    1. A permeant vegetative screening buffer shall be designed to have a horizontal depth of at least twenty (20) feet and a minimum height of six (6) feet.
    2. Screening requirements of the solar farm from any adjacent public road right-of-way shall be met at the time of planting.
    3. Screening requirements of the solar farm from adjacent residential dwellings and public waterbodies as viewed from 6' above the Ordinary High Water Level shall be met within six (6) growing seasons.
    4. If screening requirements are not met, and landscaping is not established, within six (6) growing seasons, screening must be implemented through the planting of mature vegetation.
  5. Stormwater and NPDES. Solar farms are subject to the city's and watershed district's stormwater management and erosion and sediment control provisions and NPDES permit requirements.
  6. Foundations. A qualified engineer shall certify that the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
Amended by Ord. 2023-20 on 11/21/2023

105.12.1480 Airport Overlay District

  1. Applicability. The airport overlay district applies to land near the Lake Elmo General Aviation Airport. The specific regulations in this district are in addition to, rather than in lieu of, regulations imposed by any other zoning classification for the same land.
  2. Regulations. Properties and uses within this overlay district are regulated in accordance with the City of Lake Elmo Zoning Ordinance and also must abide by the Lake Elmo Airport Zoning Ordinance. In the event of a conflict between the City of Lake Elmo Zoning Ordinance and the Lake Elmo Airport Zoning Ordinance, the more stringent limitation or requirement shall govern and prevail. A copy of the Lake Elmo Airport Zoning Ordinance is available at the Lake Elmo City Hall, as well as with the Metropolitan Airports Commission.
HISTORY
Amended by Ord. 08-250 on 5/4/2021
Adopted by Ord. 08-253 on 11/3/2021

105.12.1490 Penalty

  1. Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of LEC 1.04.230.
  2. The violation of any provision of this chapter, except for §§ 154.120 through 154.128, or the violation of the conditions or provisions of any permit issued pursuant to this chapter shall be a misdemeanor and, upon conviction, shall be subject to the penalties set forth in LEC 1.04.230.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253

2023-20

08-250