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Lake Elmo City Zoning Code

ARTICLE III

ZONING DISTRICTS

105.12.120 Classifications

For the purpose of this chapter, all land in the city is divided into zoning districts. The zoning districts shall be identified by the following classifications, including those districts identified in LEC 105.12.590:

R-2
One- and Two-Family Residential
GBGeneral Business
OPOpen Space Preservation District
OZDOverlay Zoning Use District
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.130 Boundaries

See LEC 105.12.600.

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

105.12.140 Zoning District Map

See LEC 105.12.600.

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

105.12.150 R-2 One- And Two-Family Residential

  1. Permitted uses and structures.
    1. One-family detached dwellings; and
    2. Two-family dwellings, provided they do not exceed 50 percent of the units in a block.
  2. Accessory uses and structures.
    1. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures;
    2. Private garages, carports, screenhouses, conservatories, playhouses, swimming pools, and storage buildings for use by occupants of the principal structure;
    3. Temporary real estate tract office for the purpose of selling lots on the tract upon which it is located; and
    4. Home occupations.
  3. Minimum district requirements.

    R-2 Zoning District
    Lot Size:
    One-family
    1 1/2 acre per unit without sanitary sewer; 7,500 feet per unit with sanitary sewer
    Two-family
    1 1/2 acre per unit without sanitary sewer; 6,000 square feet per unit with sanitary sewer
    Lot Width:
    One-family
    75 feet at front yard setback line with sanitary sewer; 125 feet without sanitary sewer
    Two-family
    100 feet at front yard setback line with sanitary sewer; 200 feet without sanitary sewer
    Building setback from property lines (also see LEC 105.12.210):
    Front
    30 feet
    Side (Interior)
    10 feet
    Side (Corner)25 feet
    Rear40 feet
    Arterial Street50 feet
    Primary building height (also see LEC 105.12.220)35 feet
    Accessory buildings and structures:
    Accessory building and structures height (also see LEC 105.12.220)14 feet
    Off-street parking3 spaces per unit
    Septic drainfield regulationsAll lots must have at least one acre of land suitable for septic drainfields and area sufficient for two separate and distinct drainfield sites. Placement of the second required drainfield between the trenches of the first drainfield is prohibited.
    Maximum width of primary dwellingAll dwelling units must be at least 20 feet wide through the main living area of the structure.
    FootingsThe primary structure must have continuous frost footings. Continuous frost footings are not required for porches, decks, and other appendages so long as proper post type footings per existing building codes are constructed.
    Maximum impervious surface coverage 
    Maximum width of drivewaysSee LEC 9.16.090
    SignageSee LEC 105.12.430
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.160 GB General Business

  1. Permitted uses and structures.
    1. The following service/office uses:
      1. General business--service/office;
      2. Accounting;
      3. Advertising (sign fabrication not permitted use);
      4. Alterations;
      5. Apparel cleaning pick-up stations;
      6. Apparel repair and alterations;
      7. Architectural;
      8. Art gallery;
      9. Auditing;
      10. Bakeries (with production of bakery goods limited to retail sales);
      11. Barber services;
      12. Beauty shops;
      13. Bookkeeping;
      14. Business and management consultant offices;
      15. Business associations;
      16. Cafes and restaurants--drive-up window (menu boards and intercom systems prohibited; adequate vehicle stacking must be provided);
      17. Cafes and restaurants (limited to full table service operations);
      18. Charitable;
      19. Chiropractic;
      20. Civic, social and fraternal association offices and halls;
      21. Collection and adjustment services;
      22. Credit reporting (consumer and mercantile);
      23. Dental;
      24. Detective and protective agencies;
      25. Duplication;
      26. Educational;
      27. Employment agencies;
      28. Engineering;
      29. Finance;
      30. Galleries;
      31. Governmental offices;
      32. Insurance;
      33. Investment;
      34. Labor unions;
      35. Legal;
      36. Libraries;
      37. Mailing;
      38. Medical;
      39. Medical services (the compounding, dispensing or retail sale of drugs, prescription items, patient or proprietary medicine, sick room supplies, prosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices);
      40. Optometric;
      41. Osteopathic;
      42. Photo gallery;
      43. Professional membership organizations;
      44. Real estate;
      45. Religious;
      46. Scientific research (excluding laboratory facilities);
      47. Shoe repair;
      48. Stenographic service;
      49. Therapeutic massage (see licensing requirements in LEC 11.20.010);
      50. Welfare offices.
    2. The following retail uses:
      1. General business--retail;
      2. Antiques and secondhand merchandise;
      3. Apparel and related accessories;
      4. Automobile repair and services;
      5. Automobiles and automobile accessories;
      6. Bicycles;
      7. Books;
      8. Building supplies;
      9. Cameras and photographic supplies;
      10. Cigars and cigarettes;
      11. Drugs and proprietary items;
      12. Electrical supplies;
      13. Flowers and floral accessories;
      14. Food and grocery products;
      15. Furniture;
      16. Gifts, novelties and souvenirs;
      17. Glass;
      18. Heating equipment;
      19. Home furnishings and related equipment;
      20. Jewelry;
      21. Liquors;
      22. Marine craft and accessories;
      23. Newspapers and magazines;
      24. Nursery and garden supplies;
      25. Optical goods;
      26. Paint;
      27. Pets;
      28. Plumbing equipment;
      29. Sporting goods;
      30. Stationery;
      31. Wallpaper.
    3. The following repair/service uses:
      1. General business--repair/service;
      2. Clock repair;
      3. Electrical repair and supplies;
      4. Equipment, rental and leasing;
      5. Food catering;
      6. Furniture repair;
      7. Heating;
      8. Household appliances;
      9. Jewelry repair;
      10. Landscaping;
      11. Plumbing;
      12. Radio;
      13. Reupholstery;
      14. Television;
      15. Watch repair.
    4. The following office uses (excluding equipment storage):
      1. General business--office;
      2. Air conditioning contractor;
      3. Building construction contractor;
      4. Carpentry contractor;
      5. Decorating contractor;
      6. Heating contractor;
      7. Masonry contractor;
      8. Painting contractor;
      9. Plastering contractor;
      10. Plumbing contractor;
      11. Roofing contractor;
      12. Sheet metal contractor;
      13. Stone work contractor;
      14. Tile setting contractor;
      15. Wallpaper contractor;
      16. Water well drilling contractor;
      17. Wood flooring contractor.
    5. Uses permitted by conditional use permit:
      1. General business--conditional use;
      2. Bed and breakfast facility: 15 beds maximum;
      3. Boarding care facility: 15 residents maximum;
      4. Day care centers: 40 children maximum;
      5. Family entertainment centers;
      6. Fitness studio: Maximum floor area not to exceed 5,000 square feet;
      7. Kennels;
      8. Nursing care facility: 15 residents maximum;
      9. Open sales lots;
      10. Manufacturing: Any industrial manufacturing operation in existence within the city at the effective date of the ordinance from which this chapter is derived, including manufacture of wood products and plastic products, may continue the use as a conforming use without a conditional use permit. Nothing in this provision shall otherwise be construed to require the city to authorize any manufacturing use in the general business zone after the effective date of the ordinance from which this chapter is derived;
      11. Veterinary clinics.
    6. General requirements:
      1. All storage, services, repair or processing shall be conducted wholly within an enclosed building or behind opaque fence or wall not less than six feet high, except the outdoor display of merchandise;
      2. Incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted;
      3. Where a proposed GB development abuts on RR, R-1, R-2, R-3, R-4, or RE district other than at a public street line, buffer provision shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, off-street loading or storage and shall be landscaped. The protective strip must be approved by the council as being in harmony with the residential neighborhood and providing sufficient screening of the commercial area;
      4. All lots must have at least one acre of land suitable for septic drainfields and area sufficient for two separate and distinct drainfield sites. Placement of the second required drainfield between the trenches of the first drainfield is prohibited; and
  2. Accessory uses. Uses which are clearly incidental and subordinate to the allowed uses shall be accessory.
  3. Minimum district requirements.
    1. Septic drainage regulation;
    2. 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. Performance standards.
    1. Purpose and intent.
      1. It is the purpose and intent of the city, by the adoption of the performance standards of this article, to ensure commercial buildings constructed within the city are of a high quality of exterior appearance, consistent with the terms of Nonresidential Development Policy #5 of the 2000--2020 Lake Elmo Comprehensive Plan. It is the finding of the city that a limited selection of primary exterior surfacing materials meets this standard of quality.
      2. It is the further finding of the city that several specific exterior surfacing materials are appropriate, and of sufficient quality, to be utilized only as accent materials in varying percentages. The variations of percentage of specific accent materials relates to a finding by the city as to the relative quality and rural character of those respective accent materials.
    2. Architectural and site plan submittals. New building proposals shall include architectural and site plans prepared by registered architect and shall show the following as a minimum:
      1. Elevations of all sides of the buildings;
      2. Type and color of exterior building materials;
      3. Typical general floor plans;
      4. Dimensions of all structures; and
      5. Location of trash containers, heating, cooling and ventilation equipment and systems.
    3. Applicability, structure additions and renovation.
      1. Additions to existing structures resulting in an increase of gross floor area of the structure of less than 100 percent; and/or installation of replacement exterior surfacing of any portion of an existing structure shall be exempt from the standards of this article where it is found that the new or replacement exterior surfacing proposed is identical to that of the existing structure.
      2. Where additions to an existing structure result in an increase in the gross floor area of the existing structure of 100 percent or greater, the entire structure (existing structure and structure addition) shall be subject to the standards of this article.
    4. Performance standards, primary exterior surfacing.
      1. The primary exterior surfacing of structures shall be limited to natural brick, stone, or glass. Artificial or thin veneer brick or stone less than nominal four inches thick shall not qualify as complying with this performance standard.
      2. Primary exterior surface shall be defined as not less than 70 percent of the sum of the area of all exterior walls of a structure nominally perpendicular to the ground. All parapet or mansard surfaces extending above the ceiling height of the structure shall be considered exterior surface for the purposes of this article. Windows and glass doors shall be considered a primary surface, but the sum area of this glass shall be deducted from the wall area for the purposes of the 70 percent primary/30 percent accent formulas of this chapter. Doors of any type of material, except glass, shall not be considered a primary exterior surface.
      3. Each wall of the structure shall be calculated separately and, individually comply with the 70/30 formula.
    5. Performance standard, exterior surfacing accents. Not more than 30 percent of the exterior wall surfacing, as defined by subsection (d)(4) of this section, may be of the following listed accent materials, but no single accent material, except natural wood, may comprise more than 20 percent of the total of all accent materials; and, no combustible materials shall be used:
      1. Cedar, redwood, wood siding;
      2. Cement fiber board;
      3. Standing seam metal;
      4. Architectural metal;
      5. Stucco;
      6. Poured in place concrete (excluding "tilt-up" panels);
      7. Architectural metal panels; and
      8. Porcelain or ceramic tile.
    6. Performance standard, accessory structures. All accessory structures shall comply with the exterior surfacing requirements specified by this subsection (d) of this section.
    7. Performance standard, HVAC units and exterior appurtenances. All exterior equipment, HVAC and trash/recycling and dock areas shall be screened from view of the public with the primary exterior materials used on the principal structure.
    8. Performance standard, visible roofing materials. Any roofing materials that are visible from ground level shall be standing seam metal, fire-treated cedar shakes, ceramic tile, clay tile, concrete or slate.
    9. Applicability, new construction. The standards of this section shall be applicable to all structures and buildings constructed in the city, on and after the effective date of the ordinance from which this chapter is derived. The performance standards of this article shall not be in any manner minimized by subsequent planned unit development plans or agreement.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.170 OP Open Space Preservation District

  1. Provisions regulating the OP Open Space Preservation District were repealed and replaced with the regulations now in LEC 105.12, art. XVII.
  2. Buffer setbacks in OP developments. Buffer setbacks shall be applied from the edge of the existing open space preservation developments as follows:

    Buffer Setbacks in OP Developments (in feet)

    North Edge
    South Edge
    West Edge
    East Edge
    Exception Parcels
    St. Croix's Sanctuary
    2005050100
    Discover Crossing
    20010050100
    Whistling Valley I
    25200N/AN/A
    Whistling Valley II
    2510085N/A
    Whistling Valley III
    50100100N/A
    Farms of Lake Elmo
    1005010025
    Prairie Hamlet
    2005050100
    Fields of St. Croix I
    50N/A200100 
    Fields of St. Croix IIN/A200200N/AN/A
    The Homestead505020050 
    Tapestry at Charlotte's Grove505020050100
    Tamarack Farm Estates100100100100 
    Sunfish Ponds100100100200 
    Hamlet on Sunfish Lake501005050 
    Cardinal Ridge1002005050 
    Wildflower Shoves100200100200 
    Heritage Farms50N/AN/A50N/A
    Tana Ridge (Res. 2009-033)N/AN/A5050 
    Parkview Estates (Res. 2009-033)50; except lot 9, block five use 20 ftN/AN/A50 
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.180 OZD Overlay Zoning Use District

The following overlay districts are designed to promote orderly development or to protect some specific sensitive natural resources. These district regulations are in addition to, rather than in lieu of, regulations imposed by the existing basic zoning use districts. These districts are defined and established as follows:

  1. Floodplain: See LEC 100.00.060;
  2. Restrictive Soils Overlay District: See LEC 105.04.450 through LEC 105.04.480;
  3. Wetland Protection and Preservation Overlay District: See LEC 105.04.500 through LEC 105.04.530;
  4. Shoreland District: See LEC 105.12.1230;
  5. Interstate Corridor Overlay District: See LEC 105.04.540 through LEC 105.04.620;
  6. Airport: (Reserved); and
  7. Open Space Development Overlay District: See LEC 105.12, art. XVII.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253