Zoneomics Logo
search icon

Lake Elmo City Zoning Code

ARTICLE IX

SPECIFIC DEVELOPMENT STANDARDS

105.12.490 Purpose And Applicability

Specific development standards are established as supplemental regulations that address the unique characteristics of certain land uses. The standards and conditions listed below apply to both permitted and conditional uses, in addition to all other applicable regulations of this article. Standards shall apply in all zoning districts where the use in question is allowed. Standards for uses that apply only within specific districts are listed within the articles pertaining to those districts.

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

105.12.500 Standards For Residential And Related Uses

  1. Group home. A group home is a specific use type located within a single-family dwelling, and therefore shall meet all zoning standards applicable to single-family dwellings, including setbacks, lot area, lot coverage, and off-street parking. License capacity shall not exceed six persons per facility, plus support staff.
  2. Group residential facility, halfway house.
    1. In residential districts, the facility shall occupy a residential building type permitted within the district where it is located, and shall meet all zoning standards applicable to that building type.
    2. On-site services shall be for residents of the facility only.
  3. Congregate housing (assisted living).
    1. To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of existing building and surrounding neighborhood.
    2. The site shall contain a minimum of 50 square feet of green space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the city may consider public parks or plazas within 300 feet of the site to meet this requirement. It is the responsibility of the applicant to demonstrate why the green space cannot be located on site.
    3. 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.
  4. Semi-transient accommodations (boardinghouses, roominghouses, etc.).
    1. The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.
    2. All new construction or additions to existing buildings shall be compatible with the scale and character of the existing building and surrounding neighborhood.
    3. 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.
  5. Temporary health care dwellings. Pursuant to authority granted by M.S.A. § 462.3593, subd. 9, the city opts-out of the requirements of M.S.A. § 462.3593, which defines and regulates temporary family health care dwellings. By exercising this authority, the city is prohibiting the use of temporary family health care dwellings within the city.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.510 Standards For Services

  1. Educational services. Except in the industrial districts, all typical activities shall be conducted within an enclosed building.
  2. Farm Schools. Public and Private.
    1. The minimum lot area required for a farm school shall be nine (9) acres.
    2. An affiliate of the school must live on site as a permanent resident.
    3. The site must have primary access to a roadway that is not classified as a neighborhood street or a “B Minor” in the Comprehensive Plan.
    4. All parking must be contained on site. Parking must adhere to the standards set forth in LEC 105.12.410 of this Chapter.
    5. Student drop off and pick up must occur on site.
    6. The buildings on the site that are intended for use by the school must meet all applicable building and fire code requirements for the proposed use.
    7. The buildings on site that are intended for use by the school will be subject to an inspection and review by the City Building Official and the Fire Chief to ensure that they meet all applicable building and fire code requirements. The applicant must have a pre-application meeting on site with the Building Official before final submission of the conditional use permit application and any other land use applications needed.
    8. The school must comply with the applicable requirements of the U.S. Department of Education and the Minnesota Department of Education.
    9. The septic system on the site must be inspected and approved by the county. It must be verified with the county that the site can functionally support the allotted number of students and staff at the school.
      1. The septic system approval/review documentation from the county must be provided by the applicant to the city with the application materials.
    10. Any structural additions and modifications, if desired, must be structurally similar by design and be similar in color to the existing structure. Any new structures must be structurally similar in design and be similar in color to the existing structures on the site. All structures must have a residential appearance.
    11. There shall be no overnight school activities on the site.
    12. There shall be no more than twenty-five students on the site at one time.
    13. All school assemblies and activities (such as plays, concerts, parent-teacher conferences, etc.) that are held on the site must be conducted Monday through Friday. All school assemblies and activities desired outside of this time frame must be conducted off site.
    14. A half mile separation shall be required between all farm schools.
  3. Medical facilities. The facility shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two access points shall be provided.
    1. Any new hospital or expansion of an existing hospital shall submit a master plan that shall describe proposed physical development for at least a ten-year period, and shall include a description of proposed development phases and plans, estimated dates of construction and anticipated interim uses of property.
    2. Landing pads for helicopters involved in emergency rescue operations, and helicopter flight paths shall meet all applicable federal and state requirements.
  4. Nursing and personal care.
    1. To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the existing building and surrounding neighborhood.
    2. The site shall maintain a minimum of 50 square feet of green space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the city may consider public parks or plazas within 300 feet of the site to meet this requirement. It is the responsibility of the applicant to demonstrate why the green space cannot be located on site.
    3. 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.
  5. Self-service storage facility.
    1. No commercial transactions shall be permitted other than the rental or sale of storage units.
    2. No more than one unit shall be accessed directly from the public street.
    3. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.520 Standards For Food Services

  1. Restaurant with drive-through.
    1. Drive-through elements shall not be located between the front facade of the principal building and the street. No service shall be rendered, deliveries made or sales conducted within the required front yard, although tables may be provided for customer use.
    2. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Adequate queuing lane space shall be provided, without interfering with on-site parking/circulation.
    3. Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building, and with a similar level of architectural quality and detailing.
    4. Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.
    5. Each food or beverage drive-through business shall place refuse receptacles at all exits.
  2. Drinking and entertainment. Music or amplified sounds shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.530 Standards For Automotive/Vehicular Uses

  1. Car wash.
    1. The car wash shall be capable of being enclosed when not in operation.
    2. Any access drive shall be located at least 30 feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.
    3. Any car wash line exit shall be at least 30 feet distant from any street line.
    4. Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.
    5. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.
  2. Gasoline station.
    1. Lot size and access. A gasoline station site shall be a minimum of 20,000 square feet in size and shall have access to a collector or higher classification street.
    2. Performance standards. A drainage system subject to the approval of the city engineer shall be installed. The entire site, with the exception of the area taken up by the structure, landscaping and pump islands, should be surfaced with asphalt, concrete or other material approved by the city.
    3. Repairs in an enclosable building. All vehicle repairs shall be conducted in a building capable of being enclosed when not in use.
    4. Vehicles. No vehicles other than those utilized by employees or awaiting service shall be parked on the premises overnight. No vehicle shall be parked or awaiting service longer than 15 days.
    5. Canopies. Canopies shall be located no closer than 20 feet from any property line. Any lighting on the underneath side of the canopy shall be recessed mounted with flush lenses and downward directed. Signage on canopies shall comply with LEC 105.12.430. Canopy columns and fascia should reflect the design and/or materials of the principal building.
    6. Screening of storage areas. The storage or display of inoperable or unlicensed vehicles not awaiting service as in subsection (b)(4) of this section or other equipment, and all trash storage or disposal facilities, shall meet all setback requirements of a structure, and shall be screened from view from adjacent public streets and adjacent residential properties. Screening shall meet the requirements of LEC 105.12.480.
    7. Outdoor display. Exterior display of items offered for sale shall meet all building setback requirements and shall be located in containers, racks or other structures designed to display merchandise.
    8. Accessory uses. The following accessory uses shall require a separate conditional use permit:
      1. Automatic car and truck wash.
      2. Rental of vehicles, equipment or trailers.
      3. General retail exceeding 2,500 square feet in floor area.
  3. Sales and storage lots.
    1. Size and location. The site shall be a minimum of 20,000 square feet in size and shall have access to a collector or higher classification street. Vehicular access to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.
    2. All vehicle repairs shall be conducted in a completely enclosed building.
    3. A site plan shall be submitted showing the layout of vehicles for sale or rent, employee parking and customer parking.
    4. Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.540 Standards For Outdoor Recreation Uses

  1. Golf course.
    1. Location. The facility shall have access to a collector or higher classification street. A minimum of two entry points to such facilities shall be provided.
    2. Site plans. Site plans for such facilities shall indicate all proposed recreation areas, building uses and locations, sanitary facilities, storage areas, parking, circulation and other information needed to assess the impacts of the proposed operation on surrounding properties and the road network.
    3. Accessory uses. The following accessory uses are permitted in conjunction with a golf course: A driving range, putting greens, pro shop, club house and locker facilities, maintenance buildings, course shelters, and cart storage facilities. Other accessory uses may require a separate conditional use permit.
    4. Resource protection. Golf courses shall be designed with consideration of environmental resources, including:
      1. Water recycling and conservation through on-site storage and use facilities;
      2. Use of landscaped buffers and other best management practices (BMPs) to minimize fertilizer runoff and other chemicals from entering surface water bodies; and
      3. Use of landscaping and site layout to preserve and enhance wildlife habitat.
    5. Buffering. A planted buffer may be required to screen adjacent residential and other uses.
    6. Other conditions. Other conditions may be imposed to mitigate the potential impacts of the use.
  2. Outdoor entertainment, restricted recreation.
    1. Location. The facility shall have access to a collector or higher classification street. A minimum of two entry points to such facilities shall be provided.
    2. Site plans. Site plans for such facilities shall indicate all proposed recreation and entertainment areas, sanitary facilities, storage areas, parking, circulation, estimated noise levels, and other information needed to assess the impacts of the proposed operation on surrounding properties and the road network. Conditions may be imposed to mitigate the potential impacts of the use.
  3. Outdoor recreation facility. Facilities that would generate substantial traffic, such as playing fields or aquatic centers, shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two entry points to such facilities shall be provided.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.550 Standards For Indoor Recreation/Amusement

Indoor athletic facility, indoor recreation. Facilities that would generate substantial traffic shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two entry points to such facilities shall be provided.

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

105.12.560 Standards For Alternative Energy

  1. 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, setbacks, and screening requirements. Solar farms are limited to properties at least ten acres in size. Solar farms must maintain a setback of at least 50 feet from adjacent properties and be screened and fenced as determined by the city from adjacent residential properties.
    3. 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.
    4. 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.
  2. Wind generator systems. Wind generator systems are allowed as an accessory or principal use with a conditional use permit in the rural and commercial districts. The system must comply with all standards described herein. Applicants should check for compliance with local utility, state, and federal laws before construction.
    1. Application. An application for a wind generator shall follow the application and review procedures for a conditional use permit as specified in LEC 105.12.290. In addition to the submission requirements of LEC 105.12.290, an application for a wind generator shall include the following:
      1. A report from a professional engineer describing the proposed wind generator and certifying the safety of the device.
      2. Appropriate certifications as required by a nationally recognized testing laboratory. Self-certification is not allowed.
      3. A statement indicating that the proposed wind generator is in compliance with all applicable regulations of the Federal Aviation Administration where appropriate.
      4. All necessary information relating to site (site plan) and system design.
    2. Specific standards for ground-mounted systems.
      1. Maximum height. 125 feet, including the system as a whole, from the base to the highest point.
      2. Setbacks. At least 1.25 times the height of the wind generator from any lot line, shoreland overlay district boundary, and any utility lines and public or private road way. A setback of at least 200 feet is required from any principal structure on adjacent properties within the Rural Districts.
      3. Rotors. Rotors or moving parts are required to be at least 30 feet above the ground and 30 feet above any obstruction equal to its height from the base. Rotor diameter shall not exceed 52 feet or a blade length of 26 feet.
      4. Minimum lot size. There is no minimum lot size on which a wind generator may be constructed unless there is more than one wind generator per parcel, provided required setbacks are met.
      5. Number. For parcels on which there are more than one wind generator, the number of wind generators allowed is limited to one system per five acres, and all systems must meet minimum setback requirements.
    3. Specific standards for roof/structure mounted systems.
      1. Height. Subject to the maximum building height specified for the district in which it is constructed.
      2. Setbacks. Must be set back a distance equal to its height away from utility lines, and the location must support the structure.
      3. Rotors. Moving parts may not be located below the roof line on which the system is mounted.
      4. Number. The number of roof/structure mounted systems allowed is limited to one system per building within rural districts and is limited to the manufacturer's setback recommendations within commercial districts.
    4. General standards.
      1. Design. All turbines shall be commercially available and not prototype turbines. Each wind generator shall be equipped with both a manual and automatic braking device capable of stopping the operation in high winds. No components unnecessary to the operation of the wind generator shall be allowed.
      2. Maintenance. Wind generators shall be inspected and maintained under agreement or contract by the manufacturer or other qualified entity. The owner of the wind generator must have the tower inspected by a licensed qualified professional and submit to the city a report on the status and condition of the wind generator. The times of inspection shall be specified by the manufacturer or at a minimum of every two years. Routine maintenance, including, but not limited to, painting, part replacement, etc., shall be done as necessary but does not require a report to be submitted.
      3. Climbing. To prevent unauthorized climbing, such apparatus shall not be located within 12 feet of the ground, and a locked anti-climb device shall be installed on the tower.
      4. Signage. Properties with wind generators shall have at least one sign posted at the entrance of the property or structure on which the wind generator is mounted, containing the following information: voltage information, manufacturer's name, emergency telephone number, and emergency shutdown procedures. There shall also be signs located on transformers and substations which are directly connected to the system. Systems shall not be used for displaying any advertising, nor for other uses, including, but not limited to, cell phone antennas, flags, ham radio antennas, etc.
      5. Lightning. All wind generators shall be protected against lightning strikes.
      6. Aviation. No wind generator shall be located in a way that will create an obstruction to navigable airspace of public and private airports in the state. Wind generators are prohibited in the city airport safety zone.
      7. Feeder lines. The electrical collection system (wind generator) shall be placed underground within the interior of each parcel. They may run through public water ways subject to DNR, FWS, and or USACOE permits.
      8. For all guyed towers. Visible and reflective objects, such as plastic sleeves, reflectors or tape shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground.
      9. Screening. Wind generator are exempt from the screening requirements.
      10. Aesthetics. The appearance of the wind generator, tower and any other related components shall be maintained throughout the life of the wind generator per the manufactures/industry standards. Ground-mounted wind generators shall be installed on tubular and monopole design towers.
      11. Color. Wind generators shall be uniform in color, white or off-white, grey, or another non-obtrusive color. Finishes shall be matte or non-reflective.
      12. Vibration. No wind generator shall produce vibrations through the ground that are perceptible beyond the property on which it is located.
      13. Noise. Wind generator shall comply with language outlined in LEC 13.04.070.
      14. Lighting. Systems shall not be illuminated unless required by the Federal Aviation Administration (FAA), state, or federal regulations.
      15. Electrical certification. Batteries or other energy storage device shall be designed consistent with the state electrical code and state fire code. Wind generators must also meet the standards established by the International Electrotechnical Commission (IEC).
      16. Intent to install. Prior to installation of a wind generator, the applicant must show proof that the utility provider has given consent to connect to the grid. Off-grid systems are exempt from this requirement.
    5. Decommissioning.
      1. Generally. A wind energy systems shall be maintained at all times according to the manufacture's specifications. If a wind generator has become unstable, leans significantly out-of-plumb, or poses a danger of collapse, it shall be removed or brought into repair within 60 days following notice by the building official to the owner of the lot upon which the system is located. The building official may order immediate repairs if, in the opinion of the building official, the generator will imminently collapse or if a safety risk is being posed. If the owner of a wind generator plans to abandon or discontinue, or is required to discontinue, the operation of the system, the owner shall notify the building official by certified U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation. In the event that an owner fails to give such notice, the wind energy system shall be considered abandoned if the wind energy system is not operated for a continuous period of 12 months. At such point, the owner has the option to either fully abandon and remove the system or submit a new application for operation of the system.
      2. Removal. Upon abandonment or discontinuation of use, the property owner shall physically remove the wind energy system as soon as practical, considering the weather conditions within six months from the date of abandonment or discontinuation of use. The term "physically remove" includes, without limitation, the actual, complete removal of the tower, turbine, and all other components of the wind energy system from the site of the original installation.
      3. Site restoration. The owner shall, upon decommissioning/abandonment, as soon as practical, considering the weather, restore the area affected by any wind generator to the condition that existed immediately before construction began, to the extent possible. The time period may be no longer than six months after decommissioning of the turbine, unless otherwise negotiated with the building official. Restoration shall be compatible with the safe operation, maintenance, and inspection of the city. All costs associated with the restoration of the site will be the responsibility of the property owner.
      4. Transfer of ownership. Permits are not transferrable. If the portion of property containing the wind generator is sold, the new owner must apply for a new wind generator permit or remove the system per the decommissioning plan.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.570 Standards For Accessory Uses

  1. Bed and breakfast.
    1. The use of a bed and breakfast is not permitted unless the city issues a permit for that specific property. The permit will be valid for two years. A permit for a bed and breakfast will only be issued if:
      1. The facility is located in a single-family detached dwelling.
      2. The number of lodging rooms in any building does not exceed five. If the proposed number of lodging rooms in any building exceeds five, a conditional use permit shall be required.
      3. The facility meets parking requirements as set forth by Table 5-2 of LEC 105.12.410.
    2. The applicant shall meet all applicable government regulations.
    3. The operator shall carry liability insurance, and shall provide proof of such insurance to the city upon request.
    4. Permits are non-transferable and do not run with the land.
    5. A permit constitutes a limited license granted to the property owner by the city and in no way creates a vested zoning right.
    6. By signing the permit, the applicant of the bed and breakfast permit acknowledges that he shall defend and indemnify the city against any and all claims arising out of operating a bed and breakfast.
    7. Bed and breakfast permit fees shall be as established by the city council.
  2. Drive-through facility.
    1. Drive-through elements shall not be located between the front facade of the principal building and the street.
    2. Plans for on-site circulation and driveway locations shall be reviewed as part of the conditional use review process. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Adequate queuing lane space shall be provided, without interfering with on-site parking/circulation.
    3. Alley access to drive-through lanes is prohibited on any block containing a residential district, except for commercial deliveries when approved by the city engineer.
    4. Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building, and with a similar level of architectural quality and detailing.
    5. Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.
    6. An emergency exit lane shall be provided for uses queuing through the drive-through lanes, without interfering with on-site parking/circulation.
  3. Commercial wedding ceremony venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A Agriculture, RT Rural Transitional, and RR Rural Residential Zoning Districts on parcels greater than ten acres in size. The establishment of a commercial wedding venue on RR parcels is limited to those sites meeting the following criteria:
    1. The site has historically been used as a farmstead for the surrounding agricultural land; and
    2. The use will incorporate a barn or other historical agricultural building over 75 years of age for the wedding ceremonies.
      The suitability of a parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the general health, safety, and welfare of the community, and by other factors the city may deem appropriate for consideration. The use must adhere to the following standards:
      1. Ownership. The property will be the primary residence of the venue operators. The operator must be on the premises for the duration of each event.
      2. Maximum number of guests. The maximum number of guests is limited to 200 for each event.
      3. Food and beverages. The serving of food and beverages is permitted only as part of the ceremony.
      4. Seasonal operation. Ceremonies are limited to no more than twice per week and are permitted only during the months of May through October.
      5. Hours of operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned off by 10:00 p.m. Any one ceremony is limited to a maximum duration of three hours.
      6. Overnight accommodations. No overnight accommodations are allowed.
      7. Off-street parking. Off-street parking shall be required in the ratio of one parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. Off street parking shall be exempted from the paving and curbing requirements in LEC 105.12.410.
      8. Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows:
        1. Parking: 100 feet from residential property lines; 200 feet from neighboring houses.
        2. Outdoor activity spaces: 300 feet from residential property lines; 400 feet from neighboring houses.
        3. Indoor activity spaces: 300 feet from residential property lines; 400 feet from neighboring houses.
      9. Landscaping/screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an interim use permit.
      10. Grading. Any proposed grading shall observe all requirements of LEC 105.08.060. If a grading plan is required, it shall be submitted in conjunction with an application for an interim use permit.
      11. Traffic. A transportation management plan shall be submitted as part of an application for an interim use permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways.
        1. Structures. All existing or proposed structures to be used for the wedding ceremony venue shall be inspected by the city building official and must meet applicable building code requirements.
        2. Temporary structures. Temporary structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than one day prior to an event and must be removed no more than 72 hours following the event.
      12. Application. An application for a commercial wedding venue shall follow the application and review procedures for an interim use permit as specified in LEC 105.12.300. In addition to the submission requirements of LEC 105.12.300, an application for a commercial wedding venue shall include the following information:
        1. The expected number of attendees per ceremony;
        2. The number of ceremonies per year;
        3. The number of employees;
        4. The hours of operation;
        5. Sanitary facilities;
        6. Lighting;
        7. Sound amplification to be used and a plan to minimize any amplified sounds;
        8. Temporary structures or tents to be used in association with the planned events;
        9. Signage;
        10. Security to be provided;
        11. Location of all trash receptacles;
        12. Traffic management plan;
        13. Other documentation as specified herein.
      13. Sanitary facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure.
      14. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with LEC 105.04.050.
      15. Noise. All wedding venues shall comply with city's noise standards found in LEC 13.04.070 through LEC 13.04.100.
      16. Sound amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music or sound outside of the ceremony.
      17. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler.
      18. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event.
      19. Other activities. Other than the commercial wedding ceremonies authorized under this section, no other commercial ceremonial activities may be conducted on the site.
  4. Home occupations. Home occupations shall be considered a permitted accessory use. The purpose of home occupation standards are to ensure that the activities are clearly secondary to the intended use of the dwelling and to ensure that the business is compatible with surrounding residential uses. All home occupations must comply with the criteria set forth below.
    1. Permitted home occupations.
      1. A home occupation may include, but is not limited to:
        1. Home office.
        2. Hair salons not serving more than two customers at a time.
        3. Teaching, though limited to no more than three students at any time.
        4. Uses which do not alter the character of the locality, do not create a nuisance as outlined in LEC 9.28, and are legally allowed by local, state, and federal law.
      2. Home occupations shall not be interpreted to include:
        1. Tourist homes.
        2. Restaurants.
        3. Disorderly house as defined by M.S.A. § 609.33, subd. 1, as it may be amended from time to time, or similar uses.
        4. Sale or use of hazardous materials.
        5. Adult establishments as defined in LEC 11.16.
        6. Any overnight activities shall not be permitted.
    2. Operation requirements.
      1. The home occupation shall be clearly incidental and subordinate to the residential use of the premises, and shall result in no incompatibility or disturbance to the surrounding area.
      2. Activities associated with the permitted home occupation may only be conducted between the hours of 7:00 a.m. and 10:00 p.m.
      3. No over the counter retail sales may be made unless ancillary to the permitted business.
      4. There shall not be more than one employee who does not customarily reside on the property affiliated with the home occupation.
      5. The use shall not create a nuisance as defined by LEC 9.28.
    3. Site requirements.
      1. Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited.
      2. Interior alterations or modifications shall not eliminate all of the bathrooms, sleeping areas, or kitchens.
      3. Signage. Home occupations are allowed signage in accordance with LEC 105.12.430(g)(1)a and (k)(10).
      4. The operation shall not create a demand for more than three parking spaces at any given time, and no parking for the business shall be on-street. Off-street parking shall be on a durable parking surface such as asphalt, concrete, etc. The off-street parking area required for the principal residential use shall be retained exclusively for the principal use.
      5. Exterior storage. No outside storage or display of products or merchandise is permitted.
      6. No stock in trade over 1,000 cubic feet shall be stored on the premises.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253