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Home My WebLink About2025 08-19 CC PacketCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Meeting – August 19, 2025 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Patrick Johnson Lindner Approve Agenda and Minutes • Accept the Agenda for the August 19, 2025, City Council Meeting • Approve the Minutes from the July 15, 2025, City Council Meeting • Approve the Minutes from the August 7, 2025, Special City Council Meeting • Accept the Minutes from the August 12, 2025, Planning Commission Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2025-021 August 2025 Donation to White Bear Lake Area Food Shelf • Resolution #2025-022 August 2025 Donation to Willow Lane Elementary • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • Code Enforcement Issues Discussion • Future Water System Planning along Labore Road New Business • 1599 County Road E East – Conditional Use Permit for a Wall Mounted Illuminated Sign o Resolution #2025-023 Approving CUP for The Lakes Dispensary • Ordinance No. 131 – Sections 5-10, 16 Amendments and Appendix A Definitions Updates • VLAWMO Joint Powers Agreement (JPA) for City Council Consideration o Resolution #2025-024 Approving a Joint Powers Agreement (JPA) for the Continued Operation of the Vadnais Lake Area Water Management Organization (VLAWMO) • City Clerk Position • Gem Lake Trail Policy • Cancellation of September Planning Commission Meeting • Application for Planning Commission and Approval of Alternate CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org • Future Charitable Gambling Donations o White Bear Lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 minutes maximum Open Items for Council Members to Bring Up Future Council Meetings • Next City Council Meeting, Tuesday, September 16, 2025 o Attendance Inquiry • Next City Council Workshop, Monday, September 8, 2025 – CANCELED Adjournment – The meeting adjourned at ________ City of Gem Lake City Council Meeting Minutes July 15, 2025 1 City of Gem Lake City Council Meeting – July 15, 2025 Meeting Minutes Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len Cacioppo, and Joshua Patrick were present. Not present was Councilmember Ben Johnson. Also present: City Attorney Martin Norder, City Treasurer Tom Kelly, Planning Commission Chair Don Cummings, Acting City Clerk Melissa Lawrence and residents Tom Hoffman, Jim Wilson and Paul Emeott. July 15, 2025, Agenda A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo. Motion carried 4-0. Minutes A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the June 17, 2025, City Council Meeting minutes. Motion carried 4-0. A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept the July 8, 2025, Planning Commission Meeting Minutes. Motion carried 4-0. Special Presentations/Public Hearings Municipal Water and Sewer Ordinances Public Hearing Mayor Artig-Swomley gave a summary of the City Planner’s staff report to the Council. There are currently two active Ordinances: 64E and 129. Ordinance 129 regulates both sewer and water. Ordinance 64E regulates sewer. After review of the ordinances, it appears that Ordinance 64E was intended to be repealed upon the adoption of 129 in 2016. Proposed are two ordinances separating sewer “back” into Ordinance 64F and municipal water systems remain in Ordinance 129. The amendments were reviewed by the City Engineer, City Clerk and City Attorney. Mayor Artig-Swomley informed those in attendance that the Council would begin with the public hearing, and that the public would have a chance to provide input on the topic. Councilmember Lindner introduced a motion to open the public hearing at 7:02 p.m., seconded by Councilmember Cacioppo. Motion carried 4- 0. The public had no comment. Councilmember Lindner introduced a motion to close the public hearing at 7:04 p.m., seconded by Councilmember Cacioppo. Motion carried 4-0. Councilmember Lindner introduced a motion to formally repeal Ordinance No. 64E (sewer only) and adopt proposed Ordinance No. 64F (sewer only), seconded by Councilmember Cacioppo. Motion carried 4-0. Councilmember Lindner introduced a motion to amend Ordinance No. 129 (water and sewer, water only proposed), seconded by Councilmember Cacioppo. Motion carried 4-0. Councilmember Lindner introduced a motion to adopt revisions to Ordinance No 135 (City’s Fee Schedule) to reflect the changes in the above ordinances, seconded by Councilmember Cacioppo. Motion carried 4-0. Consent Agenda Resolution #2025-020 July 2025 Donation to White Bear Lake Area Food Shelf Monthly Financial Report(s) Claims City of Gem Lake City Council Meeting Minutes July 15, 2025 2 All items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a motion to approve all the items listed on the consent agenda, seconded by Councilmember Cacioppo. Motion carried 4-0. Committee Reports Planning Commission Chair Don Cummings shared with the Council that the Commission is currently going through Ordinance No. 131. The Commission also decided to change their meeting nights back to the first Tuesday of each month beginning with the October meeting. Old Business Newsletter Updates / Topics / Suggestions The current copy of the newsletter is about 75% done. The Mayor is waiting on a couple more stories to fill the empty spaces. The newsletter will be ready for August. Code Enforcement Issues Discussion City Building Official Mike Johnson is continuing to clear up existing code enforcement issues with one property. The City Clerk is still looking into the one property that was discovered to be a rental property but not licensed to do so. Councilmember Head Shots for Website Discussion Due to not all City Councilmembers being able to attend the July City Council meeting, the head shots have been rescheduled for the August meeting. Potential Water System Funding / Future Water System Planning Both federal and state funding have been applied for. From the amount the city has been awarded some is going to be used to go towards planning. Gem Lake is responsible for covering 20% of the engineering costs, the other 80% can come from grants. City Engineer Just Gese will be meeting with Vadnais Heights to have a conversation with them regarding the possibility of Vadnais Heights supplying water to parts of Gem Lake. Gem Lake will soon have the opportunity with the new apartment building being put along Labore Road and the installation of water lines. KIA Project Update Underground construction has been completed, and grading will begin soon. The hope for KIA is to be done by summer of 2026. The old building will be up and in use until the new building is completed. New Business August Planning Commission Meeting If no public hearings are requested for the August 12, 2025, Planning Commission meeting there is a request to cancel the August meeting. Mayor Artig-Swomley agreed that it would be ok to cancel the August meeting if nothing comes up. Future Charitable Gambling Donations White Bear Lake Emergency Food Shelf Mayor Artig-Swomley suggested that the Council make a donation in August in the amount of $1,500.00 to the White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a motion to request a donation in the amount of $1500.00 for the White Bear Lake Emergency Food Shelf, seconded by Councilmember Cacioppo. Motion carried 4-0. Community Outreach to Other Cities and Government Bodies Mayor Artig-Swomley shared herself, Acting City Clerk Melissa Lawrence, City Treasurer Tom Kelly, and City Engineer Justin Gese are going to be meeting with Vadnais Heights Public Works Director to discuss the rates at the Villas. City of Gem Lake City Council Meeting Minutes July 15, 2025 3 Presentations from the Public, 2 Minutes Maximum Resident Paul Emeott shared that he received a letter from the MPCA that he will now begin receiving bottled water and wanted to know if the city had heard anything yet about other testing. Mayor Artig-Swomley shared that the city has not been informed of anything by the MPCA yet. Resident Tom Hoffman asked the Council if they knew how many households were receiving bottled water. That information has not been given to the Council or City Staff. Open Items for Council Members to Bring Up None Future Council Meetings City Council, Tuesday, August 19, 2025. City Council Workshop, Monday, August 11, 2025, is CANCELED. Attendance Inquiry At this time all Councilmembers in attendance will be at the August meeting. Adjournment Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember Cacioppo, the meeting adjourned at 7:38 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake City Council Special Meeting Minutes August 7, 2025 1 City of Gem Lake City Council Special Meeting – August 07, 2025 Meeting Minutes Mayor Gretchen Artig-Swomley called the meeting to order at 7:03 p.m. noting that the special meeting had been properly noticed with signage on the front exterior display case that was placed there four days prior. Councilmembers Jim Lindner, Len Cacioppo, Ben Johnson and Joshua Patrick were present. August 07, 2025, Agenda A motion was introduced by Councilmember Linder to accept the agenda, seconded by Mayor Artig-Swomley. Motion carried 5-0. New Business Recruitment Process Report The purpose of the meeting was to discuss the recruitment process for hiring a new city clerk following the resignation of Melissa Lawrence. Artig-Swomley gave a report on the two places the job was advertised online, the job description and basic proposed schedule for each step within the hiring process. She highlighted the following: 1. 14 applications have been received and acknowledged. 2. A list of questions for initial on-line interviews was developed. 3. A scoring matrix was designed. 4. Six initial on-line interviews have been conducted, with four possibly advancing to in-person interviews. All initial interviews were conducted by Artig-Swomley and Melissa Lawrence. 5. One applicant dropped out. (Prior to interviews) 6. Two very recent applications are in the early processing stage (received today.) 7. The deadline for applications is Friday August 8 at 4:00 p.m. 8. Two people from White Bear Township have agreed to be part of the in-person interview team. 9. One council member is being asked to take part in the interview-person interviews, in addition to Artig-Swomley. 10. A decision on who that will be will be based on the proposed interview schedule and who is available from the council to consistently take part. Artig-Swomley or Lawrence will send that out early next week. 11. It is hoped that a decision can be made on a successful candidate next week. 12. A hiring decision could then be approved at the next City Council Meeting. Artig-Swomley stressed that Lawrence has been extremely helpful in all aspects of this process, and it is very appreciated. Transitioning and Creating a Procedure Manual It is hoped that there will be some transitioning time between the new hire and Lawrence, but if that does not happen, a backup strategy is being planned. Artig-Swomley is being trained by Lawrence to do most of the functions of her job. This way Artig-Swomley can train the new person as necessary. Artig-Swomley has been creating a procedure manual and distributed a draft of the manual to date. It is not finished, because she has a lot more to learn and document. However, she asked those present to look over the draft and comment. Cacioppo agreed to learn how to do the septic and water billing so he can train the new person. Johnson agreed to learn how to do tobacco and liquor licensing, as well as permitting so he can train the new person. (White Bear Township has also agreed to help the new person learn the permitting system.) City of Gem Lake City Council Special Meeting Minutes August 7, 2025 2 Patrick and Lindner both agreed to learn one or two functions, to be determined, so they can be the backup for those areas and can help with training in the future. Lindner is already acting as a building supervisor in terms of internal systems such as HVAC. Adjournment Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember Johnson, the meeting adjourned at 8:03 p.m. Respectfully submitted, Gretchen Artig-Swomley City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 1 City of Gem Lake Planning Commission Meeting – August 12, 2025 Meeting Minutes Planning Commission Chairman Don Cummings called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Derek Wippich and Stephanie Farrell were present. Not present was Commission Member Laurel Amlee. Also present were City Planner CJ Sycks, City Attorney Martin Norder, Commission Member Alternate Brad Naylor, Acting City Clerk Melissa Lawrence and resident Daniel Epelboim. August 12, 2025 A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Motion carried 4-0. Minutes A motion was introduced by Commissioner Pratt to approve the July 8, 2025, Planning Commission Meeting minutes, seconded by Commissioner Wippich. Motion carried 4-0. Public Hearings 1599 County Road E East – Conditional use Permit for a Wall Mounted Illuminated Sign City Planner CJ Sycks summarized the request. The applicant is requesting a conditional use permit (CUP) for 1599 County Road E East to erect an illuminated sign on the wall of The Lakes Dispensary. Roger Vannelli is the applicant and owner of the business. The sign is proposed to be 24 feet long by 5 feet tall with the text “The Lakes Dispensary” and a logo on the left-hand side of the text. The lighting is to be illuminated internally by LED tubing. Signage is regulated by Ordinance 131, Consolidated Land Use Ordinance Section 19. Sign permits are required and are typically issued administratively. Section 19.5.2.4 outlines the standards for Illuminated signs and states, “Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance.” 1599 County Road E East is located in the Neighborhood Center Sub-Zone of the Gateway District. The property is located at the intersection of Scheuneman Road and County Road E East. The building also includes Al’s Gun Shop. Ryan Podewils Properties LLC owns the property. The parcel is 0.52 acres in size and addressed 1601 County Road E East County GIS, however the southern building is considered 1599 Country Road E East. Commission Chair Cummings informed those in attendance that the Commission would begin with the public hearing, and that the public would have a chance to provide input on the topic. Commissioner Pratt introduced a motion to open the public hearing at 7:13 p.m., seconded by Commissioner Wippich. Motion carried 4-0. The public had no comment. Commissioner Pratt introduced a motion to close the public hearing at 7:14 p.m., seconded by Commissioner Wippich. Motion carried 4-0. City planner CJ Sycks recommends the Planning Commission to recommend approval to the City Council of the requested Conditional Use Permit for 1599 County Road E East, with the following conditions: 1. The applicant is permitted to install an illuminated sign in the size and to the dimensions proposed, consistent with the plans received by the City on July 22, 2025, and reviewed with this request. 2. The applicant shall obtain all necessary local permits prior to construction, including but not limited to building, electrical, and sign. 3. The applicant shall adhere to all other applicable local, state, and federal requirements. 4. The applicant shall pay all fees and escrows associated with this request. City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 2 Commissioner Pratt introduced a motion to recommend approval to the City Council of the Conditional Use Permit with the conditions listed, seconded by Commissioner Wippich. Motion carried 4-0. Ordinance No. 131 – Sections 5, 6, 7, 8, 16 Amendments and Appendix A Definitions City Planner CJ Sycks summarized the amendments. Updating Ordinance No. 131 will increase zoning and permitting clarity among residents of Gem Lake. Amending the existing language and formatting will enhance the ease of use of the ordinance. The Commission began discussing proposed updates and providing staff guidance on further improvements to the Ordinance and its appendix of definitions in June 2025. At the July meeting, the Commissioners discussed the following items specifically: • Creating a table of uses for ease of use, similar to the Gateway District building uses (figures 16 and 17) • Ensuring agricultural animals are permitted in all zoning districts on lots greater than one acre • Ensuring consistency in swimming pool setbacks • Updating the agricultural and accessory structure setbacks • Ensuring townhomes and twin homes are properly permitted in certain districts Ord. No. 131 was enacted in 2017, replacing Ord. No. 43K (Zoning Ordinance). There are 30 Sections within Ord. No. 131. The definitions are found in Appendix A. The first four sections of Ordinance No. 131 provide a background to the purpose of the document and the related rules. Maps are provided to visualize each zoning district. Each zoning district is described in individual sections (section 5 through section 10), including the district purpose, permitted uses, and lot regulations. Concerns with the current ordinance include inconsistent formatting, combining conditional and interim uses, frequent back referencing, and unclear. Amendments were made to provide clarity on permitting within each zoning district. This includes updated formatting, language, and division of sections, as well as the minor changes of writing conventions. This proposed update to Ordinance No. 131 focuses on enhancing clarity surrounding the permitted, accessory, conditional, and interim uses in each residential district. Additional changes proposed go hand- in-hand with this focus, such as agricultural structure setbacks. Commission Chair Cummings informed those in attendance that the Commission would begin with the public hearing, and that the public would have a chance to provide input on the topic. Commissioner Wippich introduced a motion to open the public hearing at 7:49 p.m., seconded by Commissioner Pratt. Motion carried 4-0. The public had no comment. Commissioner Wippich introduced a motion to close the public hearing at 7:50 p.m., seconded by Commissioner Pratt. Motion carried 4-0. City planner CJ Sycks recommends that additional desired Ordinance 131 updates be done concurrently with the upcoming Imagine 2050 Comprehensive Planning update process. Updating the Comprehsnive Plan and Ordinance 131 at the same time will ensure consistency between the two legal documents and ensure the City’s mission and goals are being accurately and effectively carried out. If additional and substantial changes to Ordinance 131 are desired, the Commission and staff should begin to make note of what those sections may be. The Metropolitan Council is releasing resources and requirements for this comprehensive planning cycle this fall. Comprehensive Planning updates can look different for every community and can be tailored to City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 3 exactly what the community needs. Beginning in September, the Planning Commission should start discussing what types of updates are needed, what is desired, and how they’d like the Gem Lake Comprehensive Plan to shape the community. Commissioner Wippich introduced a motion to recommend approval to the City Council of the proposed amendments with the additional edits mentioned during the night’s discussion, seconded by Commissioner Pratt. Motion carried 4-0. Old Business None New Business None Open Items for Commission Members to Bring Up None Future Meetings City Council Meeting, Tuesday, August 19, 2025, at Heritage Hall, and Planning Commission Meeting, Tuesday, September 9, 2025, at Heritage Hall. Attendance Inquiry Commission Chair Cummings surveyed the Commission to see if any of the members would have any issues attending the September meeting if the City Council does not cancel it. At that time Commissioner Pratt and Farrell both had potential conflicts. Adjournment There being no further business, following a motion from Commissioner Wippich, seconded by Commissioner Pratt, the meeting adjourned at 8:03 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-021 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR LAKE AREA FOOD SHELF. WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt organizations WHEREAS, the City of Gem Lake City Council suggested a donation at their July 15, 2025, meeting in support of the White Bear Lake Area Food Shelf. NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City Treasurer is authorized to send $1,500.00 to support the White Bear Lake Area Food Shelf for the month of August 2025. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. August 19, 2025 Melissa Lawrence, Acting City Clerk Date City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-022 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING FUNDS TO WILLOW LANE ELEMENTARY TO USE AT THEIR DISCRETION. WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt organizations WHEREAS, the City of Gem Lake City Council suggested a donation at their August 19, 2025, meeting in support of Willow Lane Elementary. NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City Treasurer is authorized to send $500.00 to support Willow Lane Elementary for the month of August 2024 and to purchase school supplies in the value of $750.00. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. August 19, 2025 Melissa Lawrence, Acting City Clerk Date CITY OF GEM LAKE Claims For Payment Period Ending: 8/19/2025 Signatures Approving Claims Date of Approval Gretchen Artig-Swomley, Mayor Ben Johnson, Council Jim Lindner, Council Len Cacioppo, Council Joshua Patrick, Council Tom Kelly, Treasurer Fund Totals $ Amount General Fund 29,949.81 Parks & Playgrounds 2004 Debt Service Fund 2007 Debt Service Fund 2,500.00 2015 Debt Service Fund 2018 Debt Service Fund Improvement Fund Scheuneman Road Improvements Hoffman Road Improvements 602-Sewer Fund 10,321.24 601-Water Fund 10,059.14 Investment Trust Fund Total All Funds 52,830.19 Claims for Payment Check Numbers 12896 through 12926 CHECK REGISTER FOR CITY OF GEM LAKE CHECK DATE 08/19/2025 - 08/19/2025 Check Date Check Vendor Name Amount Bank GEN GENERAL CHECKING 08/19/2025 12896 AMAZON CAPITAL SERVICES 26.98 08/19/2025 12897 BS&A SOFTWARE 2,385.00 08/19/2025 12898 CINTAS 130.50 08/19/2025 12899 CINTAS 31.95 08/19/2025 12900 City of Vadnais Heights 5,349.01 08/19/2025 12901 City of White Bear Lake 233.53 08/19/2025 12902 Coverall of the Twin Cities 320.00 08/19/2025 12903 Ehlers & Associates 2,500.00 08/19/2025 12904 Gopher State One Call 14.85 08/19/2025 12905 Gretchen Artig-Swomley 14.59 08/19/2025 12906 Innovative Office Solutions, 389.11 08/19/2025 12907 INVOICE CLOUD INC 573.25 08/19/2025 12908 Kelly & Lemmons, PA 439.00 08/19/2025 12909 KRAFT MECHANICAL 500.00 08/19/2025 12910 Melissa Lawrence 14.00 08/19/2025 12911 METRO-INET 1,160.00 08/19/2025 12912 Metropolitan Council 9,251.89 08/19/2025 12913 Nykanen Inspections LCC 7,750.40 08/19/2025 12914 PRAIRIE RESTORATIONS INC 800.00 08/19/2025 12915 Premier Banks 46.53 08/19/2025 12916 Press Publications 144.60 08/19/2025 12917 RED LILY 90.00 08/19/2025 12918 REPUBLIC SERVICES 2,169.42 08/19/2025 12919 SEH 5,531.10 08/19/2025 12920 SQUEEGEE MAGIC 609.37 08/19/2025 12921 TKDA 3,006.69 08/19/2025 12922 Trade Press Inc 398.00 08/19/2025 12923 White Bear Lake Emergency Foo 1,500.00 08/19/2025 12924 White Bear Township 6,039.79 08/19/2025 12925 Willow Lane Elementary 500.00 08/19/2025 12926 Xcel Energy 910.63 GEN TOTALS: Total of 31 Checks:52,830.19 Less 0 Void Checks:0.00 Total of 31 Disbursements:52,830.19 08/19/2025 11:35 AM Page:1/1 CHECK DISBURSEMENT REPORT FOR CITY OF GEM LAKE CHECK DATE 08/19/2025 - 08/19/2025 Check Date Bank Account Check #Payee Description Accoun t Dept Amount Fund: 100 GENERAL 08/19/2025 GEN 12896 AMAZON CAPITAL SERVICES BUSINESS CARD HOLDER 40200 41400 26.98 08/19/2025 GEN 12897 BS&A SOFTWARE BSA ONLINE SERVICES 40570 41900 2,385.00 08/19/2025 GEN 12898 CINTAS CINTAS AED 40319 41940 130.50 08/19/2025 GEN 12899 CINTAS CINTAS RUGS 40319 41940 31.95 08/19/2025 GEN 12902 Coverall of the Twin Cities CLEANING SVCS 8/1/25-8/31/25 40319 41940 320.00 08/19/2025 GEN 12905 Gretchen Artig-Swomley REIMBURSE FOR SPARE KEYS DUPLICATES 40210 41940 14.59 08/19/2025 GEN 12906 Innovative Office Solutions, LLC INNOVATIVE OFFICE SUPPLIES 40200 41400 223.33 INNOVATIVE TONER CARTRIDGE 40200 41400 165.78 Check GEN 12906 Total for Fund 100 GENERAL 389.11 08/19/2025 GEN 12907 INVOICE CLOUD INC INVOICE CLOUD 40309 41500 573.25 08/19/2025 GEN 12908 Kelly & Lemmons, PA GENERAL COUNSEL 40304 41600 439.00 08/19/2025 GEN 12909 KRAFT MECHANICAL PREVENTIVE MAINTENANCE AGREEMENT 40319 41940 500.00 08/19/2025 GEN 12910 Melissa Lawrence MILEAGE REIMBURSEMENT 40331 41900 5.25 MILEAGE REIMBURSEMENT 40331 41900 8.75 Check GEN 12910 Total for Fund 100 GENERAL 14.00 08/19/2025 GEN 12911 METRO-INET IT SUPPORT 40309 41900 1,160.00 08/19/2025 GEN 12913 Nykanen Inspections LCC JULY 2025 INSPECTIONS 32213 00000 7,750.40 08/19/2025 GEN 12914 PRAIRIE RESTORATIONS INC SERVICE OVERSPRAY 40319 41940 800.00 08/19/2025 GEN 12915 Premier Banks JULY/AUGUST 2025 STATEMENT CC FEES 34133 00000 46.53 08/19/2025 GEN 12916 Press Publications PRESS PUBLICATIONS 40351 41900 72.30 PRESS PUBLICATIONS 40351 41900 72.30 Check GEN 12916 Total for Fund 100 GENERAL 144.60 08/19/2025 GEN 12917 RED LILY WEBSITE MAINTENANCE 40300 41940 90.00 08/19/2025 GEN 12918 REPUBLIC SERVICES REPUBLIC SERVICES JULY 2025 40384 41900 2,169.42 08/19/2025 GEN 12920 SQUEEGEE MAGIC HOLIDAY LIGHTING DISPLAY 40319 41940 609.37 08/19/2025 GEN 12921 TKDA GENERAL PLANNING 40308 41910 2,211.49 GENERAL PLANNING 40308 41910 795.20 Check GEN 12921 Total for Fund 100 GENERAL 3,006.69 08/19/2025 GEN 12922 Trade Press Inc NEWSLETTERS 40352 41900 398.00 08/19/2025 GEN 12923 White Bear Lake Emergency Food She AUGUST 2025 DONATION 22001 00000 1,500.00 08/19/2025 GEN 12924#White Bear Township PUBLIC WORKS 6/10/25-7/16/25 40319 41940 1,600.00 EQUIPMENT 6/10/25-7/16/25 40319 41900 1,142.50 POSTAGE 6/2/25-6/18/25 40322 41900 183.54 TREASURER 6/27/25-7/11/25 40329 41500 570.00 CODE ENFORCEMENT 5/5/25-6/27/25 40313 42401 1,615.00 SIR LINES A LOT INV# PL25-0744-001 40319 41940 220.00 KRAFT MECHANICAL INV# 40312 40319 41940 708.75 08/19/2025 11:35 AM Page:1/2 CHECK DISBURSEMENT REPORT FOR CITY OF GEM LAKE CHECK DATE 08/19/2025 - 08/19/2025 Check Date Bank Account Check #Payee Description Accoun t Dept Amount Fund: 100 GENERAL Check GEN 12924 Total for Fund 100 GENERAL 6,039.79 08/19/2025 GEN 12925 Willow Lane Elementary 2025 DONATION 22001 00000 500.00 08/19/2025 GEN 12926#Xcel Energy XCEL STREET LIGHTS 40386 43122 133.70 XCEL ELECTRIC 40381 41940 742.79 XCEL GAS 40383 41940 34.14 Check GEN 12926 Total for Fund 100 GENERAL 910.63 Total For Fund: 100 29,949.81 Fund: 304 2007 DEBT SERVICE FUND 08/19/2025 GEN 12903 Ehlers & Associates REFUNDING BONDS SERIES 2015A 40620 47000 2,500.00 Total For Fund: 304 2,500.00 Fund: 601 WATER UTILITY FUND 08/19/2025 GEN 12900*City of Vadnais Heights WATER 4/1/2025-6/30/2025 40385 43200 4,294.51 08/19/2025 GEN 12901 City of White Bear Lake 2025 2ND QTR 4/1/25-7/31/25 40385 43200 233.53 08/19/2025 GEN 12919 SEH WATERMAIN PROJECT 40303 43200 5,531.10 Total For Fund: 601 10,059.14 Fund: 602 SEWER UTILITY FUND 08/19/2025 GEN 12900*City of Vadnais Heights SEWER 4/1/2025-6/30/2025 40385 43200 1,054.50 08/19/2025 GEN 12904 Gopher State One Call GOPHER STATE LOCATES 40319 43200 14.85 08/19/2025 GEN 12912#Metropolitan Council WASTE WATER SERVICES SEPTEMBER 2025 11500 00000 4,281.89 MAY 2025 SAC 40380 43200 4,970.00 Check GEN 12912 Total for Fund 602 SEWER UTILITY FUND 9,251.89 Total For Fund: 602 10,321.24 Report Total:52,830.19 '*'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE FUND '#'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE DEPARTMENT 08/19/2025 11:35 AM Page:2/2 Memorandum To: Gem Lake City Council Project Reference: Conditional Use Permit Request for 1599 County Road E East Copies To: Melissa Lawrence, Clerk Roger Vannelli, Applicant TKDA Project No.: 22428.000 From: CJ Sycks, Planner Client No.: Date: August 13, 2025 SUBJECT: Conditional Use Permit Request for 1599 County Road E East MEETING DATE: August 19, 2025 LOCATION: 1599 County Road E East (Parcel ID 273022120007) APPLICANT/OWNER: Roger Vannelli, on behalf of property owner Ryan Podwills Properties LLC ZONING: Gateway (G) and Neighborhood Center (NC) ITEMS REVIEWED: Application and plans received on 7/22/25 REVIEW PERIOD: 60-day period ends 9/28/25 DESCRIPTION OF THE REQUEST The applicant is requesting a conditional use permit (CUP) for 1599 County Road E East to erect an illuminated sign on the wall of The Lakes Dispensary. Roger Vannelli is the applicant and owner of the business. The sign is proposed to be 24 feet long by 5 feet tall with the text “The Lakes Dispensary” and a logo on the left-hand side of the text. The lighting is to be illuminated internally by LED tubing. Signage is regulated by Ordinance 131, Consolidated Land Use Ordinance Section 19. Sign permits are required and are typically issued administratively. Section 19.5.2.4 outlines the standards for Illuminated signs and states, “Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance.” Section 17.5 outlines the procedures for Conditional Use Permits. Conditional use permits are reviewed by staff, reviewed by the Planning commission at a Public Hearing, and forwarded to the City Council with a recommendation for action. Conditional Use Permit Request for 1599 County Road E East Gem Lake City Council 8/19/25 August 13, 2025 Page 2 PROPERTY INFORMATION Description: 1599 County Road E East is located in the Neighborhood Center Sub-Zone of the Gateway District. The property is located at the intersection of Scheuneman Road and County Road E East. The building also includes Al’s Gun Shop. Ryan Podwills Properties LLC owns the property. The parcel is 0.52 acres in size and addressed 1601 County Road E East County GIS, however the southern building is considered 1599 Country Road E East. Land Use: Commercial, multiple tenants Figure 1: Aerial of the site, from Ramsey County GIS Figure 2: Image of the site, from Google Maps Street View, taken in July 2024 from the south looking north Not to scale Conditional Use Permit Request for 1599 County Road E East Gem Lake City Council 8/19/25 August 13, 2025 Page 3 EVALUATION OF REQUEST Signs Ordinance No. 131, Consolidated Land Use Ordinance, regulates signs in Section 19. Wall signs, such as the sign proposed, require a sign permit. It states that, “No sign shall be erected, altered, reconstructed, maintained or moved in the City without first securing a permit from the City. The speech content of the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to properly evaluate the signage area, design and placement. A proposed sign with a structure requiring a building permit or electrical permit must obtain those permits in addition to a sign permit .” The applicant has applied for the sign permit and will need to apply for an electrical permit as well. The proposed sign meets the requirements of the Ordinance; however, the illuminated feature requires review for a CUP. Section 19.5.2.4 states that, “In districts where illuminated signs or electronic signs are permitted, the use of lighting, electronic message center, or dynamic display as an element of a sign is a conditional use. Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance.” This section continues and states that, “Internally illuminated signs are permitted in the Neighborhood Mixed-Use and Neighborhood Center subzones only. Externally lit signs shall use lighting that is directed downward and way from adjacent properties and rights-of-way. Lights used for external illumination shall be shielded or screened from any roadway, and shall not be visible from the roadway or sidewalk.” The applicant is requesting approval for an internally illuminated sign, illuminated by “Konlite T8 8’ Ballast Bypass LED Tubes”. The applicant states that these are “soft, low lumen, LED lamps.” See Figures 3 and 4 for drawings of the proposed sign, provided by the applicant. Figure 3: Dimensions of the proposed sign and a description of the lighting mechanism, provided by the applicant Figure 4: An image of the outside of the building with the proposed sign shown and the store front length as 42 feet long. “Store front is 42 feet long” Conditional Use Permit Request for 1599 County Road E East Gem Lake City Council 8/19/25 August 13, 2025 Page 4 Ordinance Criteria Ordinance No. 131, Consolidated Land Use Ordinance, regulates Conditional Use Permits in Section 17.5. When reviewing a Conditional Use Permit application, the following criteria shall be reviewed and measured by the Planning Commission and City Council (17.5.2.1): 1. Adjacent Uses 2. Air and Water Quality 3. Traffic Generations 4. Public Safety and Health 5. Area Aesthetics 6. Economic Impact on the Entire Area 7. Consistency with the Comprehensive Municipal Plan 8. Anticipated Duration of the Conditional or Interim Use This is an application related to illumination. The evaluation should not take signage size, design, or location into account. The criteria are listed below in italics, followed by a staff evaluation that focuses on the effect of the "soft, low lumen, LED lamps" in the sign. 1. Adjacent Uses This criterion is met. Adjacent to this [property is a County roadway, additional business including a gun shop, two restaurants, a dance school, and a wooded area near the railroad tracks. The propsoed illumination does not appear to impact adjacent uses. 2. Air and Water Quality This criterion is met. An illuminated sign would not be expected to impact air and water quality. 3. Traffic Generations This criterion is met. An illuminated sign would not be expected to generate additional traffic that wouldn’t be traveling to “the Lakes Dispensary” without an illuminated sign. 4. Public Safety and Health This criterion is met. An illuminated sign would not be expected to impact public safety and health. 5. Area Aesthetics This criterion is met. An illuminated sign could impact the area aesthetic positively, as many enjoy the look. The view from adjacent properties would not be greatly impacted due to the uses in the area. 6. Economic Impact on the Entire Area This criterion is met. An illuminated sign would not be expected to have an economic impact on the entire area. 7. Consistency with the Comprehensive Municipal Plan This criterion is met. Illuminated signage is not explicitly mentioned in the 2040 Comprehensive Plan. LED illumination does not contradict any Comprehsnive Plan goals. 8. Anticipated Duration of the Conditional or Interim Use This criterion is met. There would be no anticipated dissolution of the conditional use. Conditional uses, if discontinued for 6 months, are considered void. Conditional Use Permit Request for 1599 County Road E East Gem Lake City Council 8/19/25 August 13, 2025 Page 5 ACTION The City Council has the following options: 1. Approve the request, with or without conditions. 2. Deny the request, with findings for denial. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission reviewed the request during a public hearing on 8/12/25. The Commission discussed the impact of “soft, low lumen, LED lamps" on the surrounding areas and evaluated the criteria. The Planning Commission recommends approval of the requested Conditional Use Permit Amendment for 1599 County Road E East, with the following conditions: 1. The Applicant is permitted to install an illuminated sign in the size and to the dimensions propsoed, consistent with the plans received by the City on July 22, 2025, and reviewed with this request. 2. The Applicant shall obtain all necessary local permits prior to construction, including but not limited to building, electrical, and sign. 3. The Applicant shall adhere to all other applicable local, state, and federal requirements. 4. The Applicant shall pay all fees and escrows associated with this request. City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-023 APPROVING A CONDITIONAL USE PERMIT FOR 1599 COUNTY ROAD E EAST, PARCEL ID 273022120007 WHEREAS, Roger Vannelli (“The Applicant”), on behalf of the property owner Ryan Podewils Properties LLC, made an application to request a conditional use permit to allow for the installation of an internally illuminated sign on the south facing façade of the building for the business “The Lakes Dispensary”; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on August 12, 2025, and determined that the proposed request meets the criteria for a conditional use permit, and voted to recommend approval of the request with conditions; and NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Ramsey County Minnesota, that it should and hereby does approve the conditional use permit to allow for the conditional use permit to allow for the installation of an internally illuminated sign, 1599 County Road E East, Parcel ID 273022120007, based on the following findings: 1. Based on the applicant’s submittal, the request meets the requirements of the city’s Consolidated Land Use Ordinance (Ordinance No. 131). FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The Applicant is permitted to install an illuminated sign in the size and to the dimensions proposed, consistent with the plans received by the City on July 22, 2025, and reviewed with this request on August 12, 2025, and August 19, 2025. 2. The Applicant shall obtain all necessary local permits prior to construction, including but not limited to building, electrical, and sign. 3. The Applicant shall adhere to all other applicable local, state, and federal requirements. 4. The Applicant shall pay all fees and escrows associated with this request. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. August 19, 2025 Melissa Lawrence, Acting City Clerk Date City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-023 Attachment A: SECTION 27 TOWN 30 RANGE 22 PART OF S 27O FT OF SE 1/4 WLY OF N P RY R/W AND ELY OF SCHEUNEMAN RD /SUBJ TO HWY OVER S 75 FT/ IN SEC 27 TN 30 RN 22 Memorandum To: Gem Lake City Council Project Reference: Consolidated Land Use Ordinance No. 131 and Appendix A Updates Copies To: Melissa Lawrence, Acting City Clerk TKDA Project No.: 22428.000 From: CJ Sycks, Planner Client No.: Date: August 13, 2025 SUBJECT: Consolidated Land Use Ordinance No. 131 Update MEETING DATE: August 19, 2025 ITEMS REVIEWED: Consolidated Land Use Ordinance No. 131 and Appendix A BACKGROUND The Planning Commission and City Planner reviewed the City’s zoning ordinance, referred to as the Consolidated Land Use Ordinance No. 131. Updating Ordinance No. 131 will increase zoning and permitting clarity among residents of Gem Lake. Amending the existing language and formatting will enhance the ease of use of the ordinance. The Commission began discussing proposed updates and providing staff guidance on further improvements to the Ordinance and its appendix of definitions in June 2025. At a public hearing on August 12, 2025, the Planning Commission discussed the Ordinance updates for a third time and recommend adoption of the proposed Ordinance. CURRENT ORDINANCE Ord. No. 131 was enacted in 2017, replacing Ord. No. 43K (Zoning Ordinance). There are 30 Sections within Ord. No. 131. The definitions are found in Appendix A. To view the entire ordinance you may find a copy on the City’s website here: https://gemlakemn.org/wp-content/uploads/2024/06/Ordinance- No.-131- Consolidated-Land-Use-Ordinance-Updated-November-2023.pdf. The first four sections of Ordinance No. 131 provide a background to the purpose of the document and the related rules. Maps are provided to visualize each zoning district. Each zoning district is described in individual sections (section 5 through section 10), including the district purpose, permitted uses, and lot regulations. Concerns with the current ordinance include inconsistent formatting, combining conditional and interim uses, frequent back referencing, and unclear. Consolidated Land Use Ordinance No. 131 Update Gem Lake City Council 8/19/25 August 13, 2025 Page 2 Residential Zone Reference Guide The following table serves as a reference as the Council walks through the proposed amendments to ensure understanding of the four very similarly abbreviated residential districts. Zoning District Maximum Allowable Density Symbology on the Zoning Map Singe Family Estate – RE (Section 5 in the Ordinance) 1 dwelling unit per 5 acres Shown in yellow, the largest lots in the City near Gem Lake Singe Family Executive – RX (Section 6 in the Ordinance) 1 dwelling unit per 3 acres Shown in light orange, covers most land in the City and includes the golf course. Low Density Single Family – RO (Section 7 in the Ordinance) 1 dwelling unit per 1 acre Shown in orange, located north of Goose Lake road and east of Schueneman Road Medium Density Single Family – RS (Section 8 in the Ordinance) 1 dwelling unit per 0.5 acres Shown in brown, located in the northern portion of the City, the highest density. PROPOSED AMENDMENTS Amendments were made to provide clarity on permitting within each zoning district. This includes updated formatting, language, and division of sections, as well as the minor changes of writing conventions. To better understand the progress of these revisions since June 2025, please review the Planning Commission meeting minutes and packets. Restructuring Sections 5, 6, 7, and 8 The primary amendment and reason for this process is due to the current structuring of permitted uses in the ordinance. At this time, the ordinance “back references” the previous sections as it progresses through each district. This creates confusion as residents and staff must flip back and forth and decipher what the amendme nts refer to. The Planning Commission recommends listing each use in each section clearly as well as adopting a new figure, 1c, to show all uses listed in a table for easy reference. In addition, all references to setbacks have been located within the subsection, “Area, Frontage, and Yard Requirements” for easier navigation. Fence regulations that were in these sections have been moved to the existing fence regulations in Section 16.13. Conditional vs Interim Uses The current ordinance lists conditional and interim uses within the same section. This creates confusion for residents and creates the opportunity for conflict when determining if an application should be considered conditional or interim, as these two permitting types have significant differences. The Planning Commission recommends listing these two separately to create a clearer application, permitting, and permitting maintenance process. Conditional use permits “run with the land” regardless of change of ownership. Any conditional use permit is considered void if the use listed is discontinued for six months. An interim use is granted to a property owner and has a predetermined expiration date (typically 3 or 5 years). Interim use permit holders can renew their permits at that time following Council approval. Consolidated Land Use Ordinance No. 131 Update Gem Lake City Council 8/19/25 August 13, 2025 Page 3 Ordinance 131 Proposed Changes While many changes were made to primarily update outdated language or formatting, below is a table of the more significant changes. Section Pdf Pages Change Section 4 9 Addition of Figure 1c, Table of Uses Sections 5, 6, 7, 8 14, 17, 20, 23 Essential services and essential service structures are permitted as primary or accessory structures in all residential zones Sections 5, 6, 7, 8 14, 17, 20, 23 The private swimming pool accessory use now includes “non-commercial” to ensure it is differentiated from the private and commercial use permitted in the RX zone. Sections 5, 6, 7, 8 14, 17, 21, 24 The keeping of agricultural animals on lots greater than 1 acre is now conditional use in all districts, where previously it was only permitted in the RO and RS Section 5, 6, 7, 8 14, 17, 20, 23 Within the list of conditional use agricultural structures, bird structures and apiaries have been added. Section 5, 6, 7, 8 16, 19, 22, 25 The provisions regarding fences have been moved to the general standards section for simplicity and ease of reading. Section 5, 6, 7, 8 16, 19, 22, 25 The setbacks regarding barns and stables have been moved to the yard requirements section for clarity. They have also been updated to read “setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure”, rather than 100 feet from any property line, with exceptions. Section 5, 6, 7, 8 16, 19, 22, 25 Accessory structures are required to meet the setbacks of the zoning district at this time. Proposed is a 10-foot rear yard setback. Currently sheds are permitted in the setback. Section 5, 6, 7 16, 19, 23 Accessory structures are not permitted in front yards. Proposed, only in the RE, RX, and RO districts are 4 conditions that must be met to allow a front yard structure: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. Section 6 17 The conditional use, “Country clubs, golf courses and other private commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50’) feet from any other lot in an “R” District” is now only permitted in the RX zone and removed from the RE zone. Consolidated Land Use Ordinance No. 131 Update Gem Lake City Council 8/19/25 August 13, 2025 Page 4 Appendix A Proposed Additions Appendix A to Ordinance 131 contains all of the relevant definitions. Below is a table describing the proposed additions to the Appendix. Word Definition Agricultural Structure Structures in which farm animals or fowl are to be housed, including but not limited to barns, stables, kennels, bird structures, apiaries, and the like. Conservatory A room, typically with glass roof and walls, attached to a house at one side and used as a greenhouse. Domestic Worker A person who works within a private residence, providing services of a household nature, such as a home care worker, house cleaners, and nannies. Greenhouse A climate-controlled structure enclosed by glass or multiple layers of plastic in which plants are grown that need protection from cold weather. Market Garden An area of land used for small-scale production of fruits, vegetables, and flowers to be sold, usually directly to consumers through on-farm stands, local markets, and local business. Office, Supplemental Retail A building in which at least twenty (20%) percent of the floor space is devoted to selling products or services that are secondary to the primary product or service, not including automotive repair services. Office, Related Repair A building in which at least twenty (20%) percent of the floor space is devoted to providing repair services, related to the primary use of the building, not including automotive repair services. Roomer A renter of a room in another person’s home. Conditional Use A land use or development which because of its unique characteristics, cannot be appropriately classified as a permitted use in a specific zoning district. Its approval is subject to special conditions to ensure compatibility with the public welfare, health, safety, and the City's Comprehensive Plan, considering the public need for the use at the proposed location. Interim Use A temporary use of land or structures, permitted for a limited period, which is not the ultimate intended use for the zoning district. The use is personal to the user or occupant and does not run with the land. Interim uses are allowed under specific conditions and are intended to be discontinued upon a predetermined event or timeframe. FUTURE ORDINANCE UPDATES AND THE 2050 COMPREHENSIVE PLAN This proposed update to Ordinance 131 focuses on enhancing clarity surrounding the permitted, accessory, conditional, and interim uses in each residential district. Additional changes proposed go hand-in-hand with this focus, such as structure setbacks. Staff recommends that additional desired Ordinance 131 updates be done concurrently with the upcoming Imagine 2050 Comprehensive Planning process. Updating the Comprehensive Plan and Ordinance 131 at the same time will ensure consistency between the two documents and ensure the City’s mission and goals are being accurately and effectively carried out. If additional and substantial changes to Ordinance 131 are desired, Staff will begin making note of those sections. The Metropolitan Council adopted the Imagine 2050 regional development guide. The City of Gem Lake will need to begin their comprehensive planning process at the start of the new year. A comprehensive plan update often requires updating the zoning ordinance to reflect any changes in future land use designations, allowable uses, etc. To view the current City of Gem Lake Comprehensive Plan, you may find a copy on the Consolidated Land Use Ordinance No. 131 Update Gem Lake City Council 8/19/25 August 13, 2025 Page 5 City’s website here: https://gemlakemn.org/wp-content/uploads/2024/08/Gem-Lake- Comprehensive-Plan- March-2022-Optimized.pdf The Metropolitan Council is releasing resources and requirements for this comprehensive planning cycle in September 2025. Comprehensive Planning updates can look different for every community and can be tailored to exactly what the community needs. Beginning in September and October, the Council and Commission should begin discussing what types of updates are needed, what is desired for each section, and who the key stakeholders are in this process. The Commission has recommended hosting a joint workshop to determine what the City would like to see and howe they would like to conduct this update. A workshop session is recommended for October or November. If the Council desires a workshop, staff may begin coordination. ACTION The City Council has the following options: 1. Adopt proposed Ordinance No. 131, a. with the changes as provided in the packet. b. with additional changes. 2. Table proposed Ordinance 131 for further review/study . City of Gem Lake, Ramsey County, Minnesota Ordinance No. 131 Consolidated Land Use Ordinance Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 1 TABLE OF CONTENTS SECTION 1. TITLE. ............................................................................................................................................................................ 7 SECTION 2. INTENT AND PURPOSE. ................................................................................................................................................. 7 1. Intent .......................................................................................................................................................................................... 7 2. Purpose. ...................................................................................................................................................................................... 7 SECTION 3. RULES AND DEFINITIONS. .............................................................................................................................................. 7 1. Rules. .......................................................................................................................................................................................... 7 2. Definitions. .................................................................................................................................................................................. 8 SECTION 4. ZONING DISTRICTS AND MAP. ....................................................................................................................................... 8 1. Districts. ...................................................................................................................................................................................... 8 2. Map ............................................................................................................................................................................................. 8 3. Boundaries .................................................................................................................................................................................. 8 SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT. .............................................................................................. 1210 1. Permitted Uses ..................................................................................................................................................................... 1210 2. Permitted Accessory Uses..................................................................................................................................................... 1210 3. Conditional Uses. .................................................................................................................................................................. 1210 4. Interim Uses ......................................................................................................................................................................... 1210 5. Height Regulations ................................................................................................................................................................ 1311 6. Area, Frontage and Yard Requirements. .............................................................................................................................. 1412 SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT ......................................................................................... 1613 Permitted Uses ..................................................................................................................................................................... 1613 Permitted Accessory Uses..................................................................................................................................................... 1613 Conditional Uses ................................................................................................................................................................... 1613 4. Interim Uses. ......................................................................................................................................................................... 1714 5. Height Regulations ................................................................................................................................................................ 1715 6. Area, Frontage and Yard Requirements ............................................................................................................................... 1815 SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT ............................................................................................................. 2017 Permitted Uses ..................................................................................................................................................................... 2017 Permitted Accessory Uses..................................................................................................................................................... 2017 Conditional Uses. .................................................................................................................................................................. 2118 4. Interim Uses. ......................................................................................................................................................................... 2219 5. Height Regulations ................................................................................................................................................................ 2219 6. Area, Frontage and Yard Requirements ............................................................................................................................... 2320 SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT .............................................................................................................. 2421 1. Permitted Uses ..................................................................................................................................................................... 2421 2. Permitted Accessory Uses..................................................................................................................................................... 2421 3. Conditional Uses. .................................................................................................................................................................. 2421 5. Height Regulations ................................................................................................................................................................ 2523 6. Area, Frontage and Yard Requirements ............................................................................................................................... 2724 SECTION 9. GATEWAY “G” DISTRICT .......................................................................................................................................... 2925 1. Purposes. .............................................................................................................................................................................. 2925 2. Generally Applicable Regulations ......................................................................................................................................... 3026 3. Placement of Subzones and Integration with Neighboring Zones ........................................................................................ 3228 4. Thoroughfare Standards. ...................................................................................................................................................... 3330 5. Civic Space Standards ........................................................................................................................................................... 3633 6. Building Type Standards ....................................................................................................................................................... 3835 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 2 1. Sub-Zone Uses. Permitted Primary Uses in the Gateway District Subzones are determined by Building Type as determined by this Ordinance. See Figures 16 & 17 for the allowable uses in each sub-zone, by building use............................................... 5754 2. Proposals for Undeveloped Lane or for Large Redevelopment ............................................................................................ 5754 3. Plans for Re-development of Single Lots or Small Subdivisions ........................................................................................... 6057 4. Parking Regulations .............................................................................................................................................................. 6158 5. Design Review Standards ...................................................................................................................................................... 6158 SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” .................................................................................................. 6562 1. Intent and Purpose ............................................................................................................................................................... 6562 2. Uses....................................................................................................................................................................................... 6562 3. Intent and Purpose ................................................................................................................... Error! Bookmark not defined.62 4. Uses........................................................................................................................................... Error! Bookmark not defined.62 SECTION 11. RESERVED.............................................................................................................................................................. 6663 SECTION 12. RESERVED.............................................................................................................................................................. 6663 SECTION 13. PLANNED UNIT DEVELOPMENT ............................................................................................................................. 6764 1. Purpose. ................................................................................................................................................................................ 6764 2. Permitted Uses ..................................................................................................................................................................... 6764 3. Coordination with Subdivision Regulation ............................................................................................................................ 6765 4. Submission of Material Required for Approval .................................................................................................................... 6765 5. Enforcement of Development Schedule ............................................................................................................................... 6865 6. Conveyance and Maintenance of Common Open Space ...................................................................................................... 6865 7. Standards for Common or Open Space ................................................................................................................................ 6865 8. Review and Amendment ...................................................................................................................................................... 6866 SECTION 14. GARDEN OVERLAY DISTRICT. ................................................................................................................................. 7067 1. Findings and Purpose. ........................................................................................................................................................... 7067 2. Requesting Garden Overlay. ................................................................................................................................................. 7067 3. Termination of Garden Overlay ............................................................................................................................................ 7067 4. Interim Uses. ......................................................................................................................................................................... 7168 5. Permitted Accessory Uses..................................................................................................................................................... 7168 6. Prohibited Practices. ............................................................................................................................................................. 7168 7. General Regulations. ............................................................................................................................................................. 7168 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT ....................................................................................................................... 7269 1. Purpose. ................................................................................................................................................................................ 7269 2. Permitted Uses. .................................................................................................................................................................... 7269 3. Permitted Accessory Uses..................................................................................................................................................... 7269 4. Conditional Uses ................................................................................................................................................................... 7269 5. Lot Area and Setback Requirements ..................................................................................................................................... 7370 6. Lot Coverage and Height Requirements ............................................................................................................................... 7471 7. Landscaping and Screening ................................................................................................................................................... 7471 8. Procedures for Requesting an Overlay ................................................................................................................................. 7471 SECTION 16. GENERAL PROVISIONS ........................................................................................................................................... 7875 1. Application of this Ordinance. .............................................................................................................................................. 7875 2. Severability. .......................................................................................................................................................................... 7976 3. Non-Conforming Uses and Structures. ................................................................................................................................. 7976 4. Lot Provisions. ....................................................................................................................................................................... 7976 5. Accessory Buildings. .............................................................................................................................................................. 8077 6. Required Yards, Open Space and Heights. ............................................................................................................................ 8077 7. Traffic Visibility. .................................................................................................................................................................... 8077 8. Farming Operations. ............................................................................................................................................................. 8178 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 3 9. Essential Services. ................................................................................................................................................................. 8178 10. (Deleted) ............................................................................................................................................................................... 8178 11. (Deleted) ............................................................................................................................................................................... 8178 12. Relocation of Dwelling Units. ................................................................................................................................................ 8178 13. Fences. .................................................................................................................................................................................. 8279 14. Outdoor Swimming Pools and Spas. ..................................................................................................................................... 8480 15. Land Reclamation. ................................................................................................................................................................ 8582 16. Mining. .................................................................................................................................................................................. 8683 SECTION 17. ADMINISTRATION AND ENFORCEMENT ................................................................................................................ 8784 1. Enforcing Officer. .................................................................................................................................................................. 8784 2. Building Permit ..................................................................................................................................................................... 8784 3. Duties of the Zoning Administrator. ..................................................................................................................................... 8784 4. Variances............................................................................................................................................................................... 8885 5. Conditional and Interim Use Permits. ................................................................................................................................... 8986 6. Amendments. ....................................................................................................................................................................... 9188 SECTION 18. PERFORMANCE STANDARDS ................................................................................................................................. 9491 1. General. ................................................................................................................................................................................ 9491 2. Requirements for Consideration .......................................................................................................................................... 9491 3. Exterior Storage .................................................................................................................................................................... 9693 4. Refuse ................................................................................................................................................................................... 9794 5. Screening .............................................................................................................................................................................. 9794 6. Landscaping .......................................................................................................................................................................... 9895 7. Maintenance ......................................................................................................................................................................... 9895 8. Lighting and Glare. ................................................................................................................................................................ 9895 9. Vibrations .............................................................................................................................................................................. 9996 10. Off-Street Loading ................................................................................................................................................................. 9996 11. Traffic Control ....................................................................................................................................................................... 9996 13. Architecture ........................................................................................................................................................................ 10097 14. Explosives ............................................................................................................................................................................ 10097 15. Radiation and Electrical Emissions ...................................................................................................................................... 10097 16. Aircraft ................................................................................................................................................................................ 10097 17. Other Nuisance Characteristics .......................................................................................................................................... 10097 18. Consistency with Plans and Policies .................................................................................................................................... 10097 19. Clustering and Density Transfer .......................................................................................................................................... 10197 20. Park Land Dedications Requirements ................................................................................................................................. 10198 SECTION 19. SIGNS ................................................................................................................................................................ 104100 1. Purpose and Intent ........................................................................................................................................................... 104100 2. Findings ............................................................................................................................................................................. 104100 3. Permit Required ................................................................................................................................................................ 104100 4. Inspections and Enforcement ........................................................................................................................................... 106102 5. Applicable Standards ........................................................................................................................................................ 107103 6. Definitions ......................................................................................................................................................................... 110106 7. Severability ....................................................................................................................................................................... 110106 SECTION 20. OFF STREET PARKING AREAS ............................................................................................................................. 111107 1. Purpose ............................................................................................................................................................................. 111107 2. Site Plans ........................................................................................................................................................................... 111107 3. General Provisions ............................................................................................................................................................ 111107 4. Design and Maintenance of Off-Street Parking Areas ...................................................................................................... 111107 5. Required Off-Street Parking .............................................................................................................................................. 112108 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS ............................................................. 113109 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 4 1. General Provisions ............................................................................................................................................................ 113109 2. Shoreland Use Controls .................................................................................................................................................... 113109 3. Use of Gem Lake ............................................................................................................................................................... 115111 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT ......................................... 117113 1. Erosion, Sediment, and Waste Controls ........................................................................................................................... 117113 2. Stormwater Management ................................................................................................................................................ 118114 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS ..................................................................... 124120 1. Purpose and Intent ........................................................................................................................................................... 124120 2. Zoning Districts for Construction ...................................................................................................................................... 124120 3. Performance Standards .................................................................................................................................................... 124120 4. Proof of Non-Interference ................................................................................................................................................ 126122 5. Tower Setbacks ................................................................................................................................................................. 126122 6. Permit Applications and Plan Review ............................................................................................................................... 126122 7. Exceptions ......................................................................................................................................................................... 126122 SECTION 24. WIND ENERGY CONVERSION SYSTEMS .............................................................................................................. 127123 1. Purpose ............................................................................................................................................................................. 127123 2. Zoning Allowance .............................................................................................................................................................. 127123 3. License Required ............................................................................................................................................................... 127123 4. Code Compliance .............................................................................................................................................................. 127123 5. Standards for Siting, Installation and Operation of WECS ................................................................................................ 128124 6. Test Towers ....................................................................................................................................................................... 129125 7. Inspection ......................................................................................................................................................................... 129125 8. Abandonment ................................................................................................................................................................... 129125 SECTION 25. SUBDIVISIONS ................................................................................................................................................... 130126 1. Purpose ............................................................................................................................................................................. 130126 2. Jurisdiction ........................................................................................................................................................................ 130126 3. Interpretation ................................................................................................................................................................... 130126 4. Requirements ................................................................................................................................................................... 130126 5. Park Land Dedication Requirements................................................................................................................................. 130126 6. Minor Subdivisions ........................................................................................................................................................... 131127 7. Severability ....................................................................................................................................................................... 132128 8. Conflict and Interaction of Ordinances ............................................................................................................................. 132128 9. Rules and Definitions ........................................................................................................................................................ 132128 10. Filing and Review Procedures of Plans ............................................................................................................................. 132128 11. Design Standards .............................................................................................................................................................. 138134 12. Required Basic Improvements .......................................................................................................................................... 141137 13. Variances from This Section .............................................................................................................................................. 144140 14. Violations and Penalty ...................................................................................................................................................... 144140 SECTION 26. LANDSCAPING ................................................................................................................................................... 146142 1. Purpose ............................................................................................................................................................................. 146142 2. Definitions ......................................................................................................................................................................... 146142 3. Landscaping Requirements for New Construction in Residential Districts ....................................................................... 146142 4. Landscaping Requirements for New Construction in Non-Residential Districts ............................................................... 146142 5. General Requirements for All Districts ............................................................................................................................. 147143 6. Native Landscapes ............................................................................................................................................................ 148144 7. Landscaping of Existing Uses ............................................................................................................................................ 148144 8. Screening Requirements in Non-Residential Districts ...................................................................................................... 148144 9. Additional Screening Requirements ................................................................................................................................. 149145 10. Screening Methods ........................................................................................................................................................... 149145 11. Landscaping Plans ............................................................................................................................................................. 150146 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 5 12. Performance Surety for Landscaping in Non-Residential Districts ................................................................................... 150146 13. Maintenance of Landscaping in All Districts ..................................................................................................................... 150146 SECTION 27. TREE PRESERVATION ......................................................................................................................................... 152148 1. Purpose ............................................................................................................................................................................. 152148 2. Severability ....................................................................................................................................................................... 152148 3. Interaction between This Section and Other Sections ..................................................................................................... 152148 4. Wording of This Section .................................................................................................................................................... 152148 5. Definitions ......................................................................................................................................................................... 152148 6. Protection Standards ........................................................................................................................................................ 152148 7. Data Submission ............................................................................................................................................................... 152148 8. Removal Thresholds .......................................................................................................................................................... 153149 9. Reforestation .................................................................................................................................................................... 154150 10. Construction Damage to Significant Trees in or Near the Preservation Area................................................................... 155151 11. Agreement to Replace Trees ............................................................................................................................................ 155151 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction ......................................................................... 155151 13. Exceptions to This Ordinance ........................................................................................................................................... 155151 14. Tree Replacement ............................................................................................................................................................. 155151 15. Release and Retention of Performance Security .............................................................................................................. 156152 16. Penalty .............................................................................................................................................................................. 156152 SECTION 28. ENVIRONMENTAL REVIEW ................................................................................................................................ 157153 1. State Law Adopted ............................................................................................................................................................ 157153 2. Applications ...................................................................................................................................................................... 157153 3. Determination of Need for Environmental Review .......................................................................................................... 157153 4. Procedures on Determination that EAW is Required ....................................................................................................... 157153 5. Procedures when an EIS is Required ................................................................................................................................. 158154 6. Prohibition on Approvals During Environmental Review ................................................................................................. 158154 7. Severability ....................................................................................................................................................................... 158154 SECTION 29. STORM SEWER USE ........................................................................................................................................... 159155 1. Purpose and Intent ........................................................................................................................................................... 159155 2. Applicability ...................................................................................................................................................................... 159155 3. Responsibility for Administration ..................................................................................................................................... 159155 4. Compatibility with Other Regulations .............................................................................................................................. 159155 5. Severability ....................................................................................................................................................................... 159155 6. Ultimate Responsibility ..................................................................................................................................................... 159155 7. Discharge Prohibitions ...................................................................................................................................................... 159155 8. Watercourse Protection ................................................................................................................................................... 160156 9. Industrial or Construction Activity Discharge ................................................................................................................... 160156 10. Compliance Monitoring .................................................................................................................................................... 161157 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices ...... 161157 12. Notification of Spills .......................................................................................................................................................... 161157 13. Salt and Deicer Storage Requirements ............................................................................................................................. 162158 14. Violations, Enforcement, and Penalties ............................................................................................................................ 162158 15. Costs.................................................................................................................................................................................. 162158 16. Suspension of MS4 Access ................................................................................................................................................ 163159 17. Civil Penalties .................................................................................................................................................................... 163159 18. Criminal Penalties ............................................................................................................................................................. 163159 19. Appeal of Notice of Violation ............................................................................................................................................ 163159 20. Enforcement Measures after Appeal ................................................................................................................................ 164160 21. Cost of Abatement of the Violation .................................................................................................................................. 164160 22. Violations Deemed a Public Nuisance............................................................................................................................... 164160 23. Remedies Not Exclusive .................................................................................................................................................... 164160 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 6 24. Effective Date .................................................................................................................................................................... 164160 SECTION 30. ADOPTION AND ENACTMENT ............................................................................................................................ 165161 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 7 Statement on former Zoning Ordinance Number 43 revision K THE ZONING ORDINANCE OF GEM LAKE, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF GEM LAKE, AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS, AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS. The City of Gem Lake does ordain as follows: SECTION 1. TITLE. This Ordinance shall be known, cited and referred to as ORDINANCE NO. 131 CONSOLIDATED LAND USE ORDINANCE except as referred to herein, where it shall be known as “this Ordinance”. SECTION 2. INTENT AND PURPOSE. 1. Intent. The intent of this consolidated land use ordinance is to provide a single source for all real property subjected to development within the City of Gem Lake. It combines zoning (including the Gateway District), subdivisions, signs, landscaping, and tree preservation, into one single ordinance and combines the definitions into one appendix. This Consolidated Land Use Ordinance is to be used in conjunction with Gem Lake’s Comprehensive Municipal Plan to guide development and redevelopment and will serve as the basis from which the merits of proposed development and redevelopment projects will be evaluated. While this consolidated land use ordinance has combi ned several formerly stand- alone ordinances, it has not changed the scope and intent of those ordinances. Instead, the consolidated land use ordinance simply gathers these several ordinances and places them inside a single ordinance. 2. Purpose. This Ordinance is adopted for the purpose of: 1. Protecting the public health, safety, morals, comfort, convenience and general welfare; 2. Dividing the City into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land; 3. Promoting orderly development of the residential, business and industrial areas; 4. Providing adequate light, air, and convenience of access to property; 5. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and building and the bulk of building in relation to the land and building surrounding them; 6. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City; 7. Supporting the ideals of and providing for local controls consistent with the Gem Lake Comprehensive Municipal Plan as adopted and, from time to time, amended. SECTION 3. RULES AND DEFINITIONS. 1. Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural and the plural singular; 2. The present tense includes the past and future tenses, and the future present; 3. The word “shall” is mandatory, and the word “may” is permissive; 4. The masculine gender includes the feminine and neuter genders; 5. Where words or phrases are not defined within the definitions of this Ordinance, they hall have their ordinary accepted meanings within the context in which they are used; 6. All measured distance expressed in feet shall be to the nearest tenth of a foot. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 8 2. Definitions. See Appendix A at the end of the Ordinance. SECTION 4. ZONING DISTRICTS AND MAP. 1. Districts. In order to carry out the purpose and provisions of this Ordinance, the City of Gem Lake is hereby divided into the following Districts and group of Districts: 1. Residence Districts: 1. “RE” Single Family Estate Residential (5.0 acre minimum lot size) 2. “RX” Single Family Executive Residential (3.0 acre minimum lot size) 3. “RO” Low Density Residential (1.0 acre minimum lot size) 4. “RS” Medium Density Residential (0.5 acre minimum lot size) 2. Gateway District “G” (uses determined by PUD) 3. Open Space / Recreational “OS / R” 2. Map. The boundaries of the above districts are hereby established on that certain map entitled “City of Gem Lake Zoning Map”, dated September 2017 and from time to time amended, which map is properly approved and hereinafter referred to as the “Zoning Map”. This map and all of the notations, references and other information shown thereon shall have the same force and effect as it is fully set forth and described herein. 3. Boundaries. District boundary lines as indicated on said map follow lot lines, the center lines of streets, alleys, or railroads, the center lines of streets or alleys projects, the center of water courses or the corporate limit lines, all as they exist u pon the effective date of this Ordinance or amendments thereto. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map. Where a District boundary line divides a lot o f record which was in single ownership at the time of enactment of this Ordinance and places portions of such lot of record in two (2) or more Use Districts, any portion of such lot with fifty (50'0") feet on either side of such a dividing district boundary line may be used for any use of either Use District; provided, however, if any portion of such lot shall extend beyond the fifty (50'0") feet limitation, the District line as shown shall prevail. Appeals from the Zoning Administrator’s determination and questions of doubt concerning the exact location of District boundary lines shall be heard by the Board of Appeals. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 9 Figure 1a Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 10 Figure 1b Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 11 Figure 1c SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT. The minimum lot size in the “RE” zoning district is five (5) acres, but most of the existing ‘estates’ are located on land pa rcels much larger than five (5) acres. All but one of the parcels mapped as “estate” are built upon and are not expected to be subd ivided or re- developed in the near future. This five (5) acre minimum lot size plan allows for land transfers from the least dense land category to a classification that allows for denser development. However, it is important to note that the Gem Lake Comp rehensive plan does not project or assume any immediate change in the existing pattern of development on these properties. If, in the future, this land is sub-divided, it would be is possible to include “RS” development along the perimeter thoroughfares of the “RE” area to provide diversity of housing. Principal and accessory buildings should be located so as to allow for possible future subdivision to “RX” or “RS” lots. In o rder to maximize the efficiency of roads and municipal services, master planning, clustering or similar land use concepts should be used when sub-dividing “RE” zoned land to maximize benefits. (Refer to pages 5 -5 and 5-21 of the 2008 Comprehensive plan for the source of these details). 1. Permitted Uses. Within and “RE” Zoned Residential Use District, no structures or land shall be used except for one (1) or more of the following uses: 1. One Single family, detached dwellings 1.2. Essential services and essential service structures 2. Permitted Accessory Uses. Within any “RE” Zoned Residential Use District, the following shall be permitted accessory uses: 1. Attached or detached housing dwellings for domestic servantsworkers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private Swimming swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signs as regulated by this Ordinance;Signage; 7. Temporary sStructures temporarily located for the purposes of construction on the site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to poolsponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures. 3. Conditional Uses. Within any “RE” Zoned Residential Use District, no structures or land shall be used for the following uses except by Conditional Use Permit: 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. The keeping of agricultural animals on lots greater than one (1.0) acre. 4. Bed and breakfast establishments; 5. Motor homes; 3.4. & Interim Uses. Within any “RE” Zoned Residential Use District, no structures or land shall be used for the following uses except by Conditional Interim Use Permit: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 13 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length; 1. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50 ’) feet from any other lot in an “R” District; 2. Essential Service Structures; 3. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 4. Agricultural Structures, including but not limited to, barns, stables, kennels and the like. Structures in which farm animals or fowl are to be housed shall require a setback of one hundred (100’) feet of any lot line except where the following conditions may provide for easing the restriction: 1. The structure shall be partially screened from the views from neighboring houses, with said screening to be existing or planted and maintained vegetation or the natural topography of the lot and surrounding land and with the amount of screening to be measured at full growth in the summer season; 2. The structure shall be at least one-hundred (100’0”) feet from any well, ISTS or neighboring dwelling; 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; 4. The design and construction materials of the structure shall be consistent with the main dwelling on the property; 5. Such other factors as may be deemed material by the City. 5. Bed and Breakfast Establishments; 6. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length; 7. Family Day Care Home; 8. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 4.5. Height Regulations. 1. No principal structure shall exceed thirty-five (35'0") feet in height and no accessory structure shall exceed twenty - five (25'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty-five (35'0") feet in height but not more than forty-five (45'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty-five (35'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 14 4. Lower level walkout design features may be included only in areas where natural topography provides for the design and no artificial topographical build up or grading in excess of four (4’0”) feet collectively is required or created; and, 5. Whenever a side or rear elevation exceeds the allowed height for the district, the structure must be further setback from the sire and rear lot lines by the standard setback distance plus two (2’0”) feet for every one (1’0”) foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. 5.6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 5.5.1 TOTAL AREA 5.0 acres BUILDABLE AREA 50% total area FRONTAGE 200 feet FRONT YARD 50 foot setback SIDE YARD 30 foot setback REAR YARD 50 foot setback OPEN SPACE 75% total area LAKE FRONTAGE 200 feet 1. That portion of a lot considered as the front yard shall be as determined by the City Council. 2. All Residential structures shall be setback at least one-hundred (100’) feet from the ordinary high water level of the lake. The ordinary high water level of the lake shall be as determined by the City Council. 3. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 4. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 5. Accessory structures are to be located no closer than 10 feet from the rear property line. 6. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. 2. 2. The following structures can be erected with setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure: 1. Fences. 1. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used; and, 2. All other fences may only be installed with adequate setback from adjacent property lines to provide for owner maintenance; and, Formatted: Left Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Indent: Hanging: 0.25" Formatted: Indent: Left: 1.5", No bullets or Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 15 3. All fences installed within the setback area must provide for a finished facade facing adjacent property. 2. Patios, fireplaces, sheds and pools. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 16 SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT Most of the presently zoned “RX” land in the City of Gem Lake zoning area is developed. Additional new primary structures wit hin this land use classification will likely be constructed within the range of 3,500 to 10,000 square foot of space, similar to the existing primary structures now in the rest of this district. As additional land is considered for rezoning into this classification by planned re -development and subdivision from the “RE” zoned classification, master planning, clustering and other similar concepts should be used to maximize efficiency of roads and m unicipal services within the district. (Refer to pages 5-6 and 5-22 of the Gem Lake 2008 Comprehensive plan for the source of these details) 1. Permitted Uses. Within any “RX” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures. 1. All uses permitted in Section 5.1 and as regulated therein except as herein amended. 2. Permitted Accessory Uses. Within any “RX” Zoned Residential District, the following shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures. 1. Those uses or structures permitted in Section 5.2 and as regulated therein shall be permitted accessory uses, except as herein amended. 2. Conditional Uses& Interim Uses. . 3. 4.3. Within any “RX” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit: 1. Country clubs, golf courses and other private commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50’) feet from any other lot in an “R” District; 2. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 1.3. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 4. The keeping of agricultural animals on lots greater than one (1.0) acre; 5. Bed and breakfast establishments; Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 17 6. Motor homes; 7. Two (2) family dwellings. 8. Townhomes and Villas, attached and detached thruough the PUD process. Those uses or structures listed as Conditional Uses in Section 5.3 and as regulated therein, except as herein amended. 1. Two (2) family dwellings. 2. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height. 3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm animals or fowl are to be housed shall require a set-back of one hundred (100') feet of any lot line except where the following conditions may provide for easing the restriction: 1. The structure shall be partially screened from the views from neighboring houses, with said screening to be existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands and with the amount of screening to be measured at full growth in the summer season; 2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring dwelling; 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; 4. The design and construction materials of the of the structure shall be consistent with the main dwelling on the property; 5. Such other factors as may be deemed material by the City. 4. Bed and Breakfast Establishments. 5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 6. Family Day Care Home. 7. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50') feet from any other lot in a residential District. 8. Essential Service Structures. 9. Double Homes. 10. Townhomes and Villas, attached and detached thru the PUD process. 4. Interim Uses. Within any “RX” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit: 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 5. Height Regulations. 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Times New Roman, 10 pt, Bold Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 18 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. 6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 6.5.1 TOTAL AREA 3.0 acres BUILDABLE AREA 20% total area FRONTAGE 150 feet FRONT YARD 40 foot setback SIDE YARD 15 foot setback REAR YARD 35 foot setback OPEN SPACE 50% total area LAKE FRONTAGE 200 feet 1. A side yard abutting a street shall not be less than twenty (20’) feet. 2. That portion of a lot considered as the front yard shall be as determined by the City Council. 3. All Residential structures shall be setback at least one-hundred (100') feet from the ordinary high water level of the lake and its attendant wetlands. The ordinary high water level of the lake shall be as determined by the City Council. 4. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 5. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Left Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 19 6. Accessory structures are to be located no closer than 10 feet from the rear property line. 7. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. 3. 2. The following structures can be erected within set-backs as long as no part of the structure is closer to the front of the lot than the rear of the principal structure: 1. Fences. 1. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used; and 2. All other fences may only be installed with adequate setback from adjacent property lines to provide for owner maintenance; and 3. All fences installed within the set-back area must provide for a finished facade facing adjacent property. 2. Patios, fireplaces, sheds and pools. Formatted: Indent: Left: 1.5", No bullets or Formatted Formatted: Indent: Left: 1.5", No bullets or Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 20 SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT The existing structures within this zoning district are single family homes found primarily along the edges of the City of Ge m Lake. This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or as sume any gains in housing units from this Zoning area. It is expected that any new residential construction or re -development in this district would continue to be built in a density of 1 residential unit per acre to maintain the visual feel of the area an d the value of the existing homes. It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning districts, could be zoned as “RO” districts to provide diversity of housing. There are also lots within this district that wo uld allow re- development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en be subdivided in smaller lots. If further residences are added in this district, master planning, clustering and similar concepts would be used to maximize the benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5-6, 5.21 and 5-23 of the Germ Lake 2008 Comprehensive plan for the source of the above details) 1. Permitted Uses. 1. Within any “RO” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures. The harboring and housing of agricultural animal on lots less than one (1.0) acre shall not be allowed. 1. All uses permitted in Section 6.1 and as regulated therein except as herein amended. 2. The harboring and housing of agricultural animal on lots less than one (1.0) acre shall not be allowed. 2. Permitted Accessory Uses. 1.2. Within any “RO” Zoned Residential District, the following uses shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Normal, Indent: Left: 0.5" Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 21 1. Those uses or structures permitted in Section 6.2, excluding and as regulated therein except as herein amended. 2. Swimming pools provided such pool is fenced so as to control access and is located not less than fifteen (15') feet from any other lot in an “R’ District, and subject to Council approval. 3. Conditional Uses. & Interim Uses. 1.3. Within any “RO” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit. 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. Bed and breakfast establishments; 4. Motor homes; 5. Two (2) family dwellings. 1.6. Townhomes and Villas, attached and detached through the PUD process. 7. The keeping of agricultural animals on lots greater than one (1.0) acre. Truck gardening and other commercial horticultural uses and/or the harboring and housing of agricultural animals on lots greater than one (1.0) acre; 1. Those uses or structures listed as Conditional Uses in Section 6.3 as regulated therein, except as herein amended; 2. Two-family dwellings; 3.1. Truck gardening and other commercial horticultural uses and/or the harboring and housing of agricultural animals on lots greater than one (1.0) acre; 4. Townhomes or Villas. 2. Structures with side or rear elevations up to ten (10'0") feet in excess of the standard front building height. 3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm animals or fowl are to be housed shall require a set-back of one hundred (100') feet of any lot line except where the following conditions may provide for easing the restriction: 1. The structure shall be partially screened from the views from neighboring houses, with said screening to be existing or planted and maintained vegetation or the natural topography of the lot and surrou nding lands and with the amount of screening to be measured at full growth in the summer season; 2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring dwelling; 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; 4. The design and construction materials of the of the structure shall be consistent with the main dwelling on the property; 5. Such other factors as may be deemed material by the City. 4. Bed and Breakfast Establishments. Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, Indent: Left: 0.25" Formatted: Normal, Indent: Left: 0" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 22 5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 6. Family Day Care Home. 4. Interim Uses. Within any “RO” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit: 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 4.5. Height Regulations. 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 23 5.6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 7.5.1 TOTAL AREA 1.0 acres BUILDABLE AREA 20% total area FRONTAGE 150 feet FRONT YARD 40 foot setback SIDE YARD 15 foot setback REAR YARD 35 foot setback OPEN SPACE 40% total area 1. A side yard abutting a street shall not be less than twenty (20’) feet. 2. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 3. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 4. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. 1. 2. The following structures can be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure: 1. Fences. 1. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used; and 2. All other fences may only be installed with adequate setback from adjacent property lines to provide for owner maintenance; and 3. All fences installed within the set-back area must provide for a finished facade facing adjacent property. 2. Patios, fireplaces, sheds and pools. Formatted Table Formatted: Font: 10 pt Formatted: Indent: Left: 1.5", No bullets or Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1.5", No bullets or Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" Formatted: Indent: Left: 1.5", No bullets or Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, Indent: Left: 1.25", No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 24 SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT The existing structures within this zoning district are single family homes found primarily along the edges of the City of Gem Lake. This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or assu me any gains in housing units from this Zoning area. It is expected that any new residential construction or re-development in this district would continue to be built with a density of approximately one (1) residential unit per acre to maintain the visual feel of the area and the value of the existing homes. It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning districts, could be zoned as “RS” districts to provide diversity of housing. There are also lots within this district that wo uld allow re- development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en be subdivided in smaller lots. If further residences are added in this district, master planning, clustering and similar concepts need to would be used to m aximize the benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5-6, 5.21 and 5-23 of the Germ Lake 2008 Comprehensive plan for the source of the above details) 1. Permitted Uses. Within any “RS” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures 1.3. 2. Permitted Accessory Uses. Within any “RS” Zoned Residential District, the following uses shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 1.10. Essential services and essential service structures 3. Conditional Uses. Within any “RS” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit. 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. Bed and breakfast establishments; 4. Motor homes; 5. Two (2) family dwellings; Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 25 6. Townhomes and Villas, attached and detached through the PUD process; 1.7. Market gardening and other commercial horticultural uses. 8. The keeping of agricultural animals on lots greater than one (1.0) acre. 2.4. Conditional & Interim Uses. Within any “RS” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit. 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 1. Those uses or structures listed as Conditional Uses in Section 7.3 and as regulated therein except as herein amended; 2. Two-family dwellings; 3. Townhomes and Villas, attached and detached thru the PUD process; 4. Truck gardening and other commercial horticultural uses and/or the harboring and housing of agricultural animals on lots greater than one (1.0) acre. 2. Structures with side or rear elevations up to ten (10'0") feet in excess of the standard front building height. 3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm animals or fowl are to be housed shall require a set-back of one hundred (100') feet of any lot line except where the following conditions may provide for easing the restriction: 1. The structure shall be partially screened from the views from neighboring houses, with said screening to be existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands and with the amount of screening to be measured at full growth in the summer season; 2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring dwelling; 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; 4. The design and construction materials of the of the structure shall be consistent with the main dwelling on the property; 5. Such other factors as may be deemed by the City. 4. Bed and Breakfast Establishments. 5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 6. Family Day Care Home 2.5. Height Regulations. Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Line spacing: Multiple 1.08 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Line spacing: Multiple 1.08 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, 10 pt Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 26 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 27 3.6. Area, Frontage and Yard Requirements. 1.3. The following minimum requirements shall be observed: 1. When on-site septic systems will be used for structures constructed in the “RS” zoning district the following applies: Table 8.5.1 A TOTAL AREA 0.75 acres BUILDABLE AREA 75% total area FRONTAGE 100 feet FRONT YARD 35 foot setback SIDE YARD 15 foot setback REAR YARD 25 foot setback OPEN SPACE 40% total area 2. When city sewer is currently available and will be used for the structures constructed in the “RS” zoning district the following applies: Table 8.5.1 B TOTAL AREA 0.50 acres BUILDABLE AREA 75% total area FRONTAGE 100 feet FRONT YARD 35 foot setback SIDE YARD 15 foot setback REAR YARD 25 foot setback OPEN SPACE 40% total area 4. A side yard abutting a street shall not be less than twenty (20’) feet. 5. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 6. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 7. Accessory structures are to be located no closer than 10 feet from the rear property line. Accessory structures must meet the side yard setbacks and are not permitted in front yards. 3. 2. The following structures can be erected within set-backs as long as no part of the structure is closer to the front of the lot than the rear of the principal structure: 1. Fences. 1. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used; and 2. All other fences may only be installed with adequate setback from adjacent property lines to provide for owner maintenance; and Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Centered Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 1.5", No bullets or Formatted: Indent: Left: 1.5", No bullets or Formatted: Indent: Left: 1.5", No bullets or Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, Indent: Left: 1.25", No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 28 3. All fences installed within the set-back area must provide for a finished facade facing adjacent property. 3. Patios, fireplaces, sheds and pools. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 29 2. SECTION 9. GATEWAY “G” DISTRICT The intent of the Gem Lake Gateway District (“Gateway” or “G”) is intended to allow for development and redevelopment of the real property associated with Hoffman Corner and points westward along Ramsey County Road E extending northward to the border with the zoning districts identified in Sections 5 and 6 of this Ordinance. This area has been the subject of a visioning study and includes both commercial and residential opportunities as described in the City of Gem Lake Comprehensive Plan and other city documents. As introduced by the visioning plan and envisioned by the Comprehensive Plan, th e Gateway will emphasize commercial development and/or redevelopment in the Hoffman Corner intersection which traditionally has been the location of the Gem Lake commercial district. As one moves westward along County Road E, the intent of the Gateway is t o transition into more residential type neighborhoods becoming less dense until it transitions to either the Estate Residential district or the Executive Reside ntial district. It may be permissible to apply to rezone the Neighborhood Edge subzone of the G District to existing traditional zoning (RE, RX, RS, RO) provided all setbacks and area requirements of said sections are met. Any such rezoning may preclude the use of Planned Unit Development as an option. 1. Purposes. Specifically, the Gateway zoning district will attempt to: 1. Promote development and redevelopment consistent with the visioning plan for the Gateway area by encouraging residential uses in conjunction with commercial and expanded recreational activities which in turn will create an active street life, while enhancing the vitality of businesses and reducing vehicular traffic. 2. Provide for mixed-use development(s) that are carefully planned to promote efficient use of land, parking and roadway systems. 3. Provide enhanced oversight through conditional use permit provisions, to ensure compatibility of mixed uses and consistency with the approved master plan for the site. 4. Ensure compatibility with surrounding neighborhoods. 5. Provide significant incentives to promote mixed-use redevelopment projects. 6. Encourage sustainable architectural, engineering and landscape design that is implemented by responsive green construction practices. 7. Preserve natural resources, minimize the carbon footprint of the City, and establish a key zone within Gem Lake that is respectful of neighboring areas and is instructive for future generations. 8. Encourage pedestrian and bicycle use. 9. Ensure that commercial and residential uses in a development are designed to be compatible with each other. 10. Ensure high standards of site design, spatial relationships, architectural design, building materials and landscape design. 11. Seek to put in place those areas identified in the Comprehensive Plan (as supported by the master plan) that includes four “sub-zones”: 1. Neighborhood Edge. Intended for lower density single-family residential housing development to act as a transition between new mixed-use construction and existing single-family detached structures on adjacent lands. This subzone in its basic form will accommodate single-family dwellings on larger lots, or with application of incentives, more compact homes on common larger lots or on compact lots with enhanced buffers (used in clustering), shared with accessory buildings and generally served from a front or side driveway. This subzone may be used to accommodate the development of public open spaces as identified in Section 10 and Section 18.20 of this Ordinance. 2. Neighborhood General. Intended to begin the transition from purely residential use at low densities to more intensive mixed-use development at the district’s center. This subzone will accommodate a variety of residential structures at varying densities, and also begin to integrate lower-impact office or retail activities which complement the residential setting. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 30 3. Neighborhood Mixed Use. Intended to establish a neighborhood focus that is distinguished by mixed use buildings, together with denser residential options and smaller-scale commercial and office buildings without residential components. This subzone will accommodate a variety of activities and services within easy walking distance from homes throughout the District, supporting daily convenience shopping and personal service needs, and also providing opportunities for public gathering and social contact. 4. Neighborhood Center. Intended for the most urban conditions within all of the shown mixed use areas. The mixture of land uses emphasizes ground-floor retail with offices and residential/rental above (as market acceptance matures) and structures providing commercial space for m edium and large–sized retailers. Street frontages throughout this subzone should be pedestrian-oriented, and the public space should be defined by placing building facades at the edge of the sidewalk. Neighborhood Center land that abuts other subzones on the north and west sides will be carefully planned to ensure lower-density buildings. Where developers insert a minimum 200-foot buffer at existing non-Gateway residential properties, or especially along the extreme eastern edge of this subzone, the City may allow as a conditional use multifamily housing, including townhomes, row houses, or apartment buildings three stories or less in height. 2. Generally Applicable Regulations. 1. Relationship to other portions of this Ordinance and other City Ordinances. The requirements of this Section may conflict with or duplicate some portions of this Ordinance. Any such conflict, when it relates to the use of land in the Gateway District, shall be resolved in favor of the language in this Section. All other provision s of this Ordinance apply within the Gateway “G” District, including provisions for Planned Unit Development (PUD) and Institutional Overlay. PUD or institutional overlay proposals may be used in combination with or in place of the regulations and procedures set forth in this Section. All other Gem Lake ordinances which relate to the construction of buildings and use of land included in the Consolidated Land Use Ordinance and other land used Ordinances (including but not limited to the Adult Use Ordinance, Building Code Adoption, and Pawnbroker Ordinance) apply within the Gateway District. 2. Administration, Conditional Uses, Variance, and Appeal. 1. The Building Type standards are intended to be employed and used to entitle the construction of a building upon land in the same manner that listing a use as “permitted” entitled land in other Zones defined by this Ordinance. The processing of conditional use permits, variances, amendments, platted subdivisions and other land use applications which may necessarily accompany an application for building approval in the Gateway District shall be processed simultaneously with the review of the Gateway District proposal, whenever possible. 2. All new construction, remodeling or expansion (except for the remodeling or expansion of single-family detached dwellings) within the Gateway District requires a Zoning Compliance Permit. The Zoning Compliance Permit is indefinite in duration and the entitlements stated on the permit shall r un with the land. A Zoning Compliance Permit is granted after determination that the proposal complies with all applicable standards set forth within this Section (Thoroughfare Standards, Civic Space Standards, Building Type Standards, Parking, and Design Standards). As set forth below, the final approval for the Zoning Compliance Permit will come from the City Council for proposals which require Council approval in some form (such as a platted subdivision or conditional use permit), and the Zoning Administrator for proposals which do not otherwise require Council review (such as single buildings or minor subdivisions without variances). 3. For the purpose of providing administrative review and processing of development proposals within the Gateway District, the City Council hereby appoints the Zoning Administrator to serve as the primary point of contact between the City and applicants for zoning approval. Upon receipt of an application for land use in the Gateway District, the Zoning Administrator shall ensure that the application is complete within five (5) business days of receipt. If the application is not complete, the Zoning Administrat or shall return all materials with an explanation of what is required to make the application complete. When the application is determined to be complete, the Zoning Administrator shall distribute copies of all submitted documents to the City’s appointed consultants in architecture, engineering and planning. The Zoning Administrator shall obtain written comment on the application from each consultant before the scheduled Planning Commission review of the application, or before making an administrative appro val where authorized. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 31 4. If a City consultant identifies a failure to meet the standards of this Section, the Zoning Administrator may not administratively approve a permit for the proposal. The Zoning Administrator shall meet with the applicant to attempt to resolve the deficiency, and re-submit any revised or clarified proposal to the consulting professional who identified the problem for review. If the consultant agrees that the deficiency is corrected, the Administrator may issue the permit. 5. For applications on a City Council approval track, the Zoning Administrator shall also attempt to resolve any deficiencies noted in consultant review with the applicant prior to the final Council action on the proposal. The Planning Commission and City Council may choose to act on the proposal within their reasonably used discretion, even if the matter is not resolved prior to final action. 6. All applicants seeking a Zoning Compliance Permit must submit a development plan with their application. 7. Conditional Uses. All elements of a development plan which require conditional use permit approval may be combined into a single conditional use permit application for the proposal, with a single applicable CUP fee for review and processing in addition to other required application fees. Portions of proposed buildings which may be used for permitted or conditional uses need not apply for conditional use approval as part of the development application, unless the tenant, occupant or owner of the space is kno wn at the time of application and will need a conditional use permit. All applications for conditional use permit approval shall otherwise be processed in the same manner as other applications for conditional use permit approval, using the procedures and criteria stated in Section 17.5 of this Ordinance. 8. Any variances requested in connection with a Gateway District development proposal shall be processed in the same manner as variances from other Sections of this Ordinance, using the procedures and criteria stated in Section 17.4 of this Ordinance. 9. Any applicant aggrieved by a decision, mandate or other action of the Zoning Administrator may appeal the matter in the manner provided by Section 17.7 of this Ordinance. 3. Existing Uses and Structures at Adoption of Chapter. The standards generally applicable under Section 16.3 of this Ordinance shall apply to existing structures and uses located within the Gateway District upon the adoption of this Section, or existing on land later added to the Gateway District by re-mapping on the date a new zoning map becomes effective. An applicant seeking a building permit to materially alter or expand a legally nonconforming structure within the Gateway District shall submit a partial development plan, containing information as requested by the Zoning Administrator to allow review of the alteration or expansion’s compliance with Design Review requirements set forth at 9.8 and the Connectivity Requirements set forth at 9.5.3. 4. Incentives. The City Council may establish incentives which apply to encourage certain types of land use or preservation activity within the Gateway District. The Council may set the incentives by adopting a separate ordinance which identifies clearly the item or items the Council seeks to encourage, the allowance or allowances which the Council is willing to offer applicants, and sufficient criteria to allow the Zoning Administrator and City consultants to evaluate and score applications seeking to apply the incentives and allowances. The following text is an example only: The City of Gem Lake seeks to improve transit options within the City. Proposals which incorporating public transit options into an overall development plan will receive enhanced civic space credit for the space dedicated to the public transit option. Space bonuses will apply as follows: Bus waiting area, uncovered: 2% bonus Bus waiting area, covered: 4% Bus waiting area, integrated w/ building: 8% Bus Rapid Transit access: 10% Rail access or access to station: 10% Rail transit station: 30% Intermodal transit center: 50% Proposed spaces must meet the criteria for public transit facilities established by the Metropolitan Council in order to qualify for space bonuses. The City Council shall approve all requests for transit incentive bonuses. The Zoning Administrator shall consult with the City Engineer to review and make recommendations on the request for incentive treatment within an application. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 32 The ability to alter or change incentives may not be used to allow a variance from the standards of this Section or this Ordinance overall. An ordinance establishing or modifying available incentives shall not take effect until 45 days after adoption and publication and shall not apply to any applications filed with the City prior to the effective date. The ordinance creating incentives may, at the City Council’s discretion, provide a method for an applicant to propose an incentive as part of a development application in lieu of only seeking a modification of dimension or placement standards through amendment or variance. 3. Placement of Subzones and Integration with Neighboring Zones. 1. The Gateway district is composed of four (4) sub-zones: 1. Neighborhood Edge; 2. Neighborhood General; 3. Neighborhood Mixed-Use; 4. Neighborhood Center. 2. Mapping Requirements. The City Council shall assign the sub-zones to land included within the Gateway District. The Council shall assign land to each sub-zone without reference to existing lot lines or tax parcels contained within the Gateway District. In assigning land to sub-zones, the Council shall at a minimum: 1. Assign all land lying within 200 feet of a developed parcel zoned Estate Residential (RE) or Executive Residential (RX) as Neighborhood Edge; and 2. Not assign any land lying within 450 feet of a developed parcel zoned Estate Residential (RE) or Executive Residential (RX) as Neighborhood Center. 4. Thoroughfare Standards. Streets, sidewalks and other pedestrian or bicycle ways within dedicated rights-of-way shall be considered and designed together as “thoroughfares.” The street and pedestrian circulation system in any development plan shall be used to organize and define the community, acting as functional and visual links between neighborhoods, the neighborhood center, civic and commercial areas and open space. The circulation system shall be based on a defined, interconnected network to provide adequate traffic capacity, provide connected pedestrian and bicycle routes, control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the community. 1. General street design principles. The following principles should be followed in street layout and design: 1. Local street lengths should be short; 2. Streets should be designed with gentle curves and changes in grade to break the sight line of the road into smaller visual elements and cause drivers to slow down. 3. Traffic calming features such as curb extensions, traffic circles, and medians should be used to encourage slow traffic speeds. 2. Thoroughfare Types Permitted by Subzone. The thoroughfare design in a given area of the Gateway District is determined in part by the subzone to which the land is assigned. Right-of-way dedication and the use of the right- of-way is set forth in the Thoroughfare Type diagrams at Figures 2 and 3. The presence of trees within a diagram indicates a requirement to plant “street trees” within the indicated area. A development plan’s thoroughfares shall comply with the dimensional and layout standards applicable to each thoroughfare type. The following Thoroughfare Types are allowed in each sub-zone: 1. Neighborhood Edge: A, B, Alley; 2. Neighborhood General: A, B, C*, Alley, Boulevard (Type C only allowed within 250’ of Mixed-Use sub- zone boundary); 3. Neighborhood Mixed-Use: C, D, Alley, Boulevard; 4. Neighborhood Center: D, Alley, Boulevard; Scheuneman Road and Hoffman Road should be treated as Type D thoroughfares in plans. (May also propose a Plaza with a thoroughfare as regulated by Figure 5). NOTE: County Road E and Highway 61 are not included within these Thoroughfare Types and should not be used or depicted as “frontage” for any Building Type when using this Code. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 34 Figure 2 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 35 Figure 3 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 36 5. Civic Space Standards. The City of Gem Lake’s visioning plan requires well-planned and functional open spaces, preservation areas, parks and gathering places, which are generally referred to in this Section as “civic space.” An application’s development plan shall dedicate or otherwise set aside sufficient land for public civic space. At a minimum, 10% of the total acreage in development shall be identified on the plans a s Civic Space. The acreage of wetlands protected by state statute and any wetland buffer required by a governing watershed district shall be excluded from calculations of “total acreage in development” and from the calculation of the 10% dedication to civic space. A Civic Space shall conform to one or more of the Civic Space Templates at Figures 4 and 5. The Civic Space Type used to design a given Civic Space shall be indicated on any plan or diagram intended to show compliance with this section. Figure 4 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 37 1. No cash payment in lieu of civic space may be approved for applications within the Gateway District. 2. The minimum width required for any Building Type under Figures 6 through 15 may be reduced by up to 30% if the area which would have been contained within that building lot before the reduction is transferred to a Civic Space located within 1/4 mile of the lot. 3. For Civic Spaces which include at least one automotive traffic lane or access, the area of the traffic lane or access is not applied toward the 10% minimum requirement. Areas within the Civic Space, areas within a thoroughfare or shared parking can apply toward the requirement if designed in conformity with applicable Thoroughfare or Building Type templates and the Parking regulations in Section 9.9.6. Figure 5 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 38 6. Building Type Standards. 1. New construction in the Gateway District shall conform to one of the following Building Types: 1. Single Family Detached House (Figure 6) 2. Single Family Attached Housing 1. Twin Home (Figure 7) 2. Townhouse / Rowhouse (Figure 8) 3. Apartment / Condominium (Figure 9) 4. Bungalow Court (Figure 10) 5. Live / Work Unit (Figure 11) 6. Mixed use Building (Figure 12) 7. Commercial 1. Retail / Office Building (Figure 13) 2. Single Use Building (Figure 14) 1. With Liner Building (Figure 14a) 2. With Collar uses (Figure 14b) 3. Auto Oriented Layout (Figure 15) 4. Automotive Dealership (Figure 15a) 2. Use of Building Type Templates. Figures 6 – 15a contain all regulatory information governing the dimensions of lots and the dimensions, setbacks, height, mass, placement and use of buildings in the District. The City’s review of a development application shall primarily apply the information contained in the applicable Building Type Templates. Terms and concepts used within the Building Type Templates are further defined as follows: 1. Frontage Street. The Thoroughfare Type on which the Building Type may be placed. The building must be oriented toward the frontage street and have its primary entrance on the permitted frontage street, unless an alternative is allowed by the terms of the Building Type cho sen. “Width” is measured along frontage street; “depth” measured perpendicular to the frontage street. For purposes of placing buildings, Highway 61 and County Road E are not frontage streets, and the property boundary with those roads’ rights-of-way should be aligned as the rear lot line to the greatest extent possible. Parking lots may abut the Highway 61 or County Road E rights-of-way, subject to the landscaping requirements of the Gem Lake Landscaping Ordinance. 2. Height by Story. The permitted height of any building is determined by the number of stories allowed and built. The height of each story is determined by the space between the upper surface of any floor and the upper surface of the floor next above, or the ceiling (peaked roof) or roof (flat roof) above for top stories. A story must have a minimum height of 12 feet and a maximum height of 15 feet; buildings with assigned ground-floor retail and commercial shall have a ground-floor height of at least 15 feet and no more than 20 feet. The top of a peaked roof is limited to the average story height of the building, measured from the ceiling of the topmost floor to the highest gable of the roof. Half-stories (finishing the space, if any, between the roof and the topmost full-story ceiling) are permitted for all building types in all subzones. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 39 3. Building types with specified height limits shall be measured from the average elevation of the sidewalk on which the building’s primary entrance is located and the coping of a flat roof or the deck line of a mansard roof. 4. Basements. All building types are permitted to have basements if it is technically feasible to build basements on the chosen building site. A walk-out basement is considered a “story” for height regulation, but other kinds of basements are not counted against the height of the building. 5. Footprint. The building footprint is the area occupied by the horizontal projection of the building’s first floor, excluding the floor area of attached garages and porches or decks built as allowed encroachments into setbacks. Within the building envelope defined in the Building Type Template, the hor izontal projection of upper floors may not extend more than ten feet in any direction over the footprint, except for portions of the upper floor built directly over an attached garage. 6. Mass, Ratio. When used on a Building Type Template, the percentages listed in the Mass table define the maximum area allowed the horizontal projection of one floor in relation to the area of the horizontal projection of the building footprint and attached garage, if an y. 7. Building Placement Diagram. The diagram on each Building Type Template provides regulatory information on the setbacks, build-to lines (lines on which some or all of the building façade must be placed), the “building envelope” in which the footprint may be placed, frontage types, pe rmitted encroachments of porches, decks and balconies, placement of accessory structures, and other items which regulate the built environment on a given lot. 3. Combination of Building Types on Single Lot. The Building Type templates regulate lot size, but it is not required that each building be on a separately conveyed lot. If multiple building types are proposed, the dimensional standards should be applied as though the lot were being divided. Any total surface coverage or building footprint standards may be combined among all of the buildings included on a particular lot. 4. New Building Types. New building types may be proposed in the manner of other amendments to the Zoning Code using the procedure in Section 17.6 of this Ordinance. A proposal must contain all information included in existing analogous Building Types, including but not limited to the dimensional standards, use designations, and frontage requirements. 5. Use Regulation in the Gateway District. The Gateway District’s regulatory focus is first upon the form of each building and its relation to the surrounding environment. This section regulates the use of space within buildings, except to the extent that any structure or land use existed as a legally nonconforming use prior to the adoption of this Section, as a matter secondary to the built form. The use of land in the District is regulated by the Building Type Templates and is directly related to the building form. 1. General Terms and Permitted Uses. The Building Type Templates assign categories of uses to certain floors of a building. When multiple use categories are listed and separated by a slash (such as “office/retail”), the uses may be combined on the floor at the discretion of the owner or occu pant of the building. When multiple use categories are stated as alternatives (such as “office or residential”) the floor may only be assigned one category of use, at the discretion of the owner or occupant of the building. Building Type Templates may also contain specific exclusions or limitations which modify the application of a use category to the particular building. The categorical terms are defined as follows: 1. Residential - Premises for long-term human dwelling. 2. Office - Non-residential premises used for administrative, clerical, professional or similar activities. Office as used in this section includes medical and dental offices used by five (5) or fewer medical principals (doctor, dentist, chiropractor or similar profes sional). 3. Retail - Premises for the sale of merchandise and food service. For purposes of this Section, banks with teller service are considered “retail” instead of “office.” Athletic clubs and fitness centers that are not the primary use of the building space are considered a “retail” use. Certain personal service businesses are considered “retail” if not the primary use of a building: barbershop/beauty salon; clothing rental and dry cleaning pickup (but not on-site processing); and tailor shops. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 40 4. Commercial - Premises for the conduct of the following activities, which are not included within the meaning of “office” or “retail” for purposes of this Section: Athletic club/fitness center (when primary or only use of building space); business school or trade school; veterinary clinic; funeral home; hotel; recreational primary use (such as a bowling alley); cabinet and carpentry shops, heating, plumbing or electrical sales and service; printing shop, upholstery shop, warehousing , automobile repair, sales, and service. Conditional uses of space assigned as “commercial” are: automotive repair and service (including gas stations); car wash; light industrial uses which manufacture, process, store and distribute foods and materials not likely to create offensive noise, odors, vibrations, dust smoke, heat, glare or other objectionable influences and are in general dependent upon raw materials refined elsewhere. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 41 Figure 6 Figure 7 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 42 Figure 8 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 43 Figure 9 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 44 Figure 10 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 45 Figure 11 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 46 Figure 12 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 47 Figure 13 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 48 Figure 14 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 49 Figure 14a Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 50 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 51 Figure 14b Figure 15 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 52 Figure 15a Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 53 Figure 16 Formatted: Centered Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 55 Figure 17 Figure 17 Continued 1. Sub-Zone Uses. Permitted Primary Uses in the Gateway District Subzones are determined by Building Type as determined by this Ordinance. See Figures 16 & 17 for the allowable uses in each sub-zone, by building use. 1.2. Proposals for Undeveloped Lane or for Large Redevelopment. An applicant shall follow the following procedure when seeking approval for construction upon land undeveloped at the time this Section was adopted, or upon any plan requiring the platted subdivision of land or the construction of new streets. Proposals wh ich include a major subdivision of land shall proceed through the platting procedure mandated by the Gem Lake Subdivision Ordinance, and shall submit the materials requested herein in addition to the materials required to support the application for subdivision. 1. Pre-application Meeting. Before making a formal application for a land use plan which will involve the creation of new streets or platted subdivision of land, the potential applicant shall prepare sketch plans and preliminary descriptions which reflect the six items addressed below and any additional items required by Section 25.12.1 of this Ordinance. The applicant shall schedule and attend the pre-application meeting described in Section 25.10.1 of this Ordinance, in which the participants shall address all of the following areas: 1. Subdivision plat and related infrastructure; 2. Thoroughfare network and civic space; 3. Building Type placement and disposition; 4. Proposed Design of completed buildings; 5. Potential incentives, if any, which may apply to the proposal; and 6. Likelihood that environmental review under Ordinance 92 is necessary. 2. Submission of Development Plan. An applicant shall submit an application for a Zoning Compliance Permit and supporting documentation to the City which addresses all components of the proposed development. The a pplicant shall submit ten (10) sets of all applications and required supporting materials in forms acceptable to the Zoning Administrator, including: 1. Development Plan. All attachments to development plans shall be drawn to scale and provide the following information, unless otherwise specifically waived by the Zoning Administrator: 1. A vicinity map, to include locations of any public streets, railroads, major streams or rivers and other major features within 500 feet of the site. 2. Boundaries and dimensions shown graphically, along with a written legal description of the property. 3. Present and proposed topography of the site and adjacent areas within 50 feet by contour lines at intervals of no more than five feet, and directional arrows showing proposed flow of stormwater runoff from the site. 4. The location of existing and proposed structures, with height and gross floor area noted. 5. Elevation views of all proposed buildings and structures, with building materials and proposed colors noted. 6. Phasing plans, where applicable. 7. Location and dimensions of existing and proposed curb cuts, aisles, off-street parking and loading spaces, and walkways. 8. Location, height and material for screening walls and fences, and other screening devices. 9. Location of all existing and proposed water and sewer facilities and storm drainage systems. 10. Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 58 11. Location and method of screening of outdoor trash storage areas. 12. Location and size of all proposed signage. 13. Location and height of proposed lighting facilities. 2. Subdivision Plat supporting data as required by Section 12 of the Subdivision Ordinance (if subdivision is proposed); 3. Grading and Filling Plan; 4. Tree Preservation Plan; 5. Sediment and Erosion Control Plan or Stormwater Pollution Prevention Plan, as applicable; and 6. Landscaping Plan. 3. Thoroughfare Network. 1. Orientation of Thoroughfares. The orientation of streets and pedestrian access should enhance open spaces and prominent buildings and provide for the maximum number of lots with southern exposure. All streets shall terminate at other streets or at public land, except as specified below: 1. Type A thoroughfares that terminate in cul-de-sacs may be permitted only when topography prevents the use of loop streets. 2. Any thoroughfare may terminate in a stub street when the stubs act as connections to future phases of the development or adjacent undeveloped areas. A stub requires a dedication of public right-of-way or similar title restriction encumbering the area on the property from the closest intersection to the phase line or property boundary over which the thoroughfare would run if built out. 2. Street Layout. 1. No lot shall be more than 550 feet from a street intersection. A future intersection proposed as part of a later phase of the same development may be used to meet this requirement. Local streets shall be designed to limit and slow through traffic by narrower roadways, short lengths and other geometric configurations. 2. Low volume streets (Types A and B) should be aligned to form three-way intersections when possible. Three-way intersections create an inherent right-of-way assignment (the through street receives precedence), which significantly reduces accidents without the use of traffic controls. 3. A low volume street that intersects a higher-order street (Types C, D and Boulevard), should be aligned with another street to form a four-way intersection, which can easily be regulated by a stop sign or other traffic control device. 4. Right angle intersections shall be used whenever possible. No street shall intersect another at an angle of less than 75 degrees. 5. The roadway edge at street intersections shall be rounded by a tangential arc with a minimum radius of 20 feet for low-volume streets and 30 feet for intersections involving higher-order streets. 1. Where the intersection of low-volume streets will be controlled by the placement of stop signs, the radius may be reduced to 15 feet. 2. The intersection of a low-volume street and an alley shall be rounded by a tangential arc with a minimum radius of 10 feet. 6. Pedestrian crossing distances at intersections shall be shortened to the greatest extent possible, using curb bump-outs to cover space assigned to parking in other parts of the thoroughfare (see Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 59 Figure 5, Boulevard, for example), or similar methods to reduce the average time required for a pedestrian to cross the travel lanes of a thoroughfare. 7. Clear sight triangles shall be maintained at intersections, unless controlled by traffic signal devices. 1. For Type C and D streets intersecting low-volume streets the minimum required clear sight distance shall be 120 feet. 2. For a Type C or D street intersecting another Type C or D street, the minimum required clear sight distance shall be 130 feet. 3. For any street intersecting either County Road E or U.S. Highway 61, the minimum required clear sight distance is subject to the standards of Ramsey County or the Minnesota Department of Transportation. 4. For Type A and B streets intersecting any other streets the minimum required clear sight distance shall be 15 feet. 3. Pedestrian Network. Pedestrian sidewalks, paths and walkways shall be provided within the community and shall constitute an integral element of the overall site design. They shall provide safe, convenient and attractive connections to, from and among community focal points, including residential neighborhoods, town and neighborhood centers, transit stops, schools, parks and recreation areas, municipal buildings, and other public facilities. 1. Sidewalks shall be provided along both sides of all streets, except for residential access lanes (Type A streets), which may have sidewalks on one side. 2. Pedestrian paths shall be landscaped to provide scale, enclosure and shade. 3. Intersections of pedestrian paths with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and defined with contrasting paving materials or striping. 4. Sidewalks and paths shall be a minimum of 5 feet in width in residential areas, and 10 feet within commercial and civic areas, where practicable. Where space for the minimum width is not available, the maximum practicable width shall be used. 5. Within lots, walkways shall provide pedestrian access through parking areas or open space to building entries. Such walkways shall be located and aligned to directly and continuously connect areas and points of pedestrian origin and destination. Such walkways shall be at least 5 feet in width and be delineated by grade separation, planters, or alternate paving material. 6. Where the primary pedestrian access to a building or site crosses an internal traffic lane or other automotive access, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout shall be continuous as the pedestrian access crosses, with a break in continuity of the automotive paving and not in the pedestrian access way. 7. All sidewalks and pedestrian paths shall be handicapped accessible. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, bicyclists, and people pushing strollers or carts. The location and design of curb cuts and ramp s shall meet the requirements of County and State Americans with Disabilities Act ramp standards, and shall avoid crossing or directing pedestrian and bicycle traffic through loading areas, drive -in lanes, and solid waste storage and collection areas. 8. Where transit service is available or planned, site plans shall provide pleasant and convenient access to transit stops. Where transit shelters are provided, they shall be placed in locations that promote security through natural surveillance and visibility, and shall be well-lighted and weather-protected. 4. Civic Space Placement. The plans should identify the 10% or more of the total acreage in development which will be developed as Civic Space. Layout and relation to surrounding thoroughfares should be clearly depicted on the plans. If a development is proposed in phases, the 10% Civic Space requirement shall be calculated for the development as a whole, instead of for each phase. The apportionment of Civic Space dedication may be Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 60 unbalanced among the proposed phases, though any initial phase of a development must include at least one Civic Space in proportion to the size of the phase. Phased development plans which propose to meet over half of the Civic Space requirement in a second or later phase must include a timetable which shows the development dedicating or building at least half of the required Civic Space within 3 years of initial development approval. 5. Building Placement Standards. The types of buildings proposed in the plan and their placement within the property is governed by the Building Type Standards set forth at Section 9.6 and depicted in Figures 6 through 15. The plan must depict the types of buildings intended for construction, their proposed disposition, any incentives sought by virtue of the intended design of any buildings or arrangement of building types, and any special requirements or requests for variance required to implement the buildin g placement plan. 6. Design Review. The Zoning Administrator shall refer all applications requiring evaluation of the Design Review Standards in 9.10 to the City Architect. The Architect shall review the development plan and supporting documents for conformance with the Design Review guidelines at Section 9.10 and provide written comment to the Zoning Administrator. If any deficiencies are noted by the City Architect in the design when the applying the Design Standards, the Architect shall describe the deficiency and suggest at least one complying alternative. 7. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall Development Plan, shall be approved by the City Council, unless specifically delegated within the ordinance creating the applicable incentive. The Zoning Administrator shall confer with at least one City consultant, as directed by ordinance or at the Administrator’s best discretion, in ord er to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied-for incentives are recommended for rejection, the applicant may elect to re - submit portions of the plans to incorporate the recommendation without incurring new application fees; the applicant electing to re-submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the re-submitted materials within the timelines specified by law, treating the date of re-submission as the first day of any applicable time period. 2.3. Plans for Re-development of Single Lots or Small Subdivisions. An applicant shall follow the following procedure when seeking approval for new building construction (not an addition or expansion to an existing building) upon land which was developed at the time of the application, either requires no subdivision or is eligible for minor subdivision approval, and for which no new streets are required. Such applications should be processed for a Zoning Compliance Permit administratively by the Zoning Administrator unless the proposal requires conditional use permit or variance approval. 1. Suggested Presentation. The plans for this type of development shall use the Building Type templates at Figures 6 through 15, as allowed by the sub-zone in which the property lies. Plans should introduce new lot lines, if any, and then depict the placement and disposition of the proposed building type for each lot. 2. Required Submissions. The applicant shall submit twelve (10) sets of the application materials listed in 9.7.2. The Zoning Administrator may allow the applicant to omit certain items if it is clear that they are not applicable to the overall proposal. In all circumstances, the proposal shall include the elements required for review under Sections 9.6 (Building Type) and 9.10 (Design). 3. Connectivity requirements. While improvements to an existing roadway are not required, plans under this subsection must indicate how the proposed construction would relate to the roadway if it were reconstructed in accordance with the requirements of Section 9.7.3. Proposals under this Section 9.8 involving more than one lot shall comply with Section 9.7.3.3. Single-lot proposals must indicate design incorporating the requirements of 9.7.3.3, but only must build the improvements when the adjacent lots on the same side of the right -of-way also have built such improvements or have been approved for construction under this Section. 4. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall development plan, shall be approved by the City Council, un less specifically delegated within the ordinance creating the applicable incentive. The request for incentive approval does not require City Council approval of the entire plan. The Zoning Administrator shall confer with at least one City consultant, as directed by ordinance or at the Administrator’s best discretion, in order to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied -for incentives are recommended for rejection, the applicant may elect to re-submit portions of the plans to incorporate Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 61 the recommendation without incurring new application fees; the applicant electing to re -submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the resubmitted materials within the timelines specified by law, treating the date of re-submission as the first day of any applicable time period. 5. Administrative Approval. If the application satisfies all applicable criteria, the Zoning Administrator shall approve the Zoning Compliance Permit. The applicant shall execute a Development Agreement with the City prior to the receipt of any building permit under the plan. 3.4. Parking Regulations. 1. On-street parking, either diagonal (angled) or parallel, shall be provided along all streets other than Alleys. Parking is indicated on the Thoroughfare standards at Figures 2 and 3. Where angle parking is permitted or required, the parking may be forward or reverse angle. Parking spaces (other than handicapped spaces) on thoroughfares and on - grade parking lots shall be no wider than 9 feet. Plans for new development and other major subdivisions are encouraged to plan thoroughfares and civic spaces to provide a significant portion of the parking required for planned buildings. On-street parking within 1/8 of a mile of a building entrance may be applied toward that building’s applicable parking requirement. 2. A parking plan shall be included for all buildings, indicating how the parking requirement for each proposed building is met through on-street parking, shared off-street parking or dedicated off-street parking. Reductions in the number of spaces required by the Building Type regulations may be approved if the proposal is supported by a parking study specific to the proposed building(s) and likely tenants. Shared parking proposals are encouraged and should reference the Urban Land Institute’s Shared Parking Guidelines or similar guidance. Plans including off- street parking and loading facilities within the Gateway District shall be reviewed by the City Engineer and City Planner. If, upon review, either consultant determines that an alternative to the proposed parking plan is desirable, it will recommend an alternate parking plan to the Planning Commission, which shall make a recommendation to the City Council for final review and approval. 3. The Planning Commission may recommend and the City Council may require a contribution of land or money toward community parking facilities in lieu of providing off-street parking facilities on the property to be developed. 4. On-grade parking areas within lots are prohibited within any front yard setback or in front of the principal building. On-grade parking areas shall be located at the side or the rear of buildings in mid -block areas, and may not be located within 50 feet of the intersection of any public streets (excluding Alleys). Parking areas shall be landscaped in accordance with the Gem Lake Landscaping Ordinance. 5. Reduction of impervious surfaces through the use of interlocking pavers or similar materials is strongly encouraged for areas that serve low-impact parking needs, such as remote parking lots, parking areas for periodic uses and parking in natural amenity areas. 6. Bicycle Parking. Parking plans shall include designed space and facilities for bicycle parking, at a ratio of 1 bicycle parking space for each 4 residential units or 20 required automobile spaces. Bicycle parking facilities shall be located within fifty (50) feet of building entrances and shall be visible from the uses they serve. They shall not be located so as to impede pedestrian or automobile traffic flow or to cause damage to plants and trees from bicycle traffic. The facilities shall be of permanent construction, attached to the ground, and designed to allow the bicycle frame and both wheels to be securely locked to the parking structure. Facilities shall be at least two feet in width and six feet in length, and be placed to allow a minimum of five feet of back-out or maneuver space. 4.5. Design Review Standards. The guidelines established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses. These guidelines are intended to be general in nature and not to restrict creativity, variety or innovation. However, unless site characteristics or conditions dictate otherwise, Gem Lake’s expectation is that these guidelines be adhered to. In cases where building and site design standards are specific to Building Types, those standards are noted within the Building Type Template. 1. Site layout guidelines. 1. Site design shall incorporate existing topography and natural features, such as hillsides, wooded areas and greenways. Important vistas and viewpoints, both from the site and into the site, should be protected and enhanced. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 62 2. Building arrangement. When multiple buildings are proposed for a site, care should be taken to provide maximum street exposure for all buildings. 3. Service and docking facilities. Loading, delivery and service bays should be oriented away from existing residences and public streets. When this is impractical, service and docking areas shall be screened from view through the provision of walls, fencing or landscaping. 4. Drive-through facilities, where permitted, shall be designed with safe and easily understood traffic patterns and shall provide sufficient stacking space, based on requirements of Section 9.9. Drive -through windows should not face public streets; and loudspeakers should not create nuisances for adjacent properties. 5. Shadowing. Where possible, buildings shall be located so that they minimize shadowing on adjacent properties. A sun and shadow study may be required for any building that is more than 2 ½ stories or 35 feet in height. 2. Building placement – Nonresidential and Mixed uses. At least 70 percent of the front facade of any building shall be located on the front build-to line as indicated by the Building Type Template (with the exception of a “dooryard” layout as indicated on the template’s layout diagram). The placement of buildings shall reinforce the street wall, maximize natural surveillance and visibility, enhance the character of the surrounding area and facilitate pedestrian access and circulation. Parking areas shall be located to the side or rear of the principal building or use served. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement, provided that any adverse effects shall be mitigated by a masonry wall, decorative fence or planted materials, between 38 and 46 inches in height, which reinforces the street wall. 3. Building placement – Residential-only uses. Buildings shall be located so that the front doors of the building or individual units face the public street rather than the interior of the site, unless a courtyard layout is authorized on the Template for the particular building. Parking areas and garages larger than 3 cars shall be located to the rear or interior of the site, or underground. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement when one or mor e of the following occurs: 1. The proposed building has primary or corner frontage on a Type C or Type D street. 2. Commercial buildings are located across the street from the proposed building. 3. Unusual or unique site conditions make the requirement impractical. 4. Building height and scale. In addition to the height and mass instructions contained within the Building Type Templates, the height and scale of new buildings shall be related to the prevailing scale of surrounding development and shall be compatible with surrounding buildings in roof form and pitch. Larger buildings, where permitted, shall be designed to reflect the same architectural massing and style as other buildings built or proposed within a two-block area. If no other single, large buildings are present or proposed in the area, then the facade of the new building shall be designed to reflect the form, mass and shape of several contiguous smaller buildings within the two block area. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement if a larger building is proposed, to reduce its apparent size by dividing the building mass into smaller sections, including: 1. Stepping back or extending a portion of the building facade; 2. Emphasizing architectural elements, including windows and entries; and 3. Emphasizing architectural elements of the roof, including dormers, chimneys and gables. 5. Building facades. Building facades shall provide architectural detail and shall contain windows at the ground level in order to create visual interest and maximize outdoor surveillance and visibility. Exterior materials and appearance shall be compatible with surrounding buildings. 1. Front Facades and Entries. 1. Primary entries to residential buildings shall be emphasized through the use of architectural features such as porches and roofs, recessions into the facade, or other details that express the importance of the entrance. At least 20 percent of the first floor facade that faces a public street Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 63 or sidewalk shall consist of windows and doors. Windows shall be distributed in a more or less even manner. Plans should avoid placing garage doors and openings on the front façade of a building. If the garage door or opening is placed on the front façade, it shall not be located on the building’s leading edge facing the street, but shall be setback at least six feet from the front line of the building or an approved front yard encroachment (such as a porch, or a deck over a tuck - under garage). 2. Primary entries to nonresidential or mixed-use buildings shall be emphasized through the use of architectural features such as roofs, recessions into the facade, or other details that express the importance of the entrance. At least 60 percent of the first floor f acade that faces a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allow views into and out of the building. The windows shall be distributed in a more or less even manner. The use of traditional window dimensions and a one-over-one or two-over-one sash arrangement is strongly preferred. Buildings shall have entrances to a street or public open space placed no more than sixty (60) feet apart. Buildings are strongly encouraged to use awnings on the front faça de, particularly over the main entry. The awning should be compatible in style, material and color to the rest of the building, and the width of the awning should fit the geometry of the building façade. There may be signage on the end panel or front valance of an awning, proportional to the space available. The installation of the awning should not hide any architectural detail or character features of the building. 2. Side and Rear Facades. The exterior materials and appearance of the rear and side walls of any building shall be similar to and compatible with the front of the building. Where the façade is visible from a public street or right-of-way or any residential district and concrete-block construction is used, the façade shall use integrally colored block or textured block. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed sixty feet (60’) in length without significant visual relief consisting of one or more of the following: 1. The facade shall be divided architecturally by means of significantly different materials or textures; 2. Horizontal offsets of at least four feet (4’) in depth; 3. Vertical offsets in the roofline of at least four feet (4’); or 4. Fenestration at the first-floor level which is recessed horizontally at least one foot (1’) into the facade. 6. Architectural variety. The use of a variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. When accent colors are proposed, the number of colors should be limited to prevent a gaudy appearance. 7. Materials. All buildings shall be constructed with materials that are attractive in appearance, durable with a permanent finish, and of high quality. New mixed-use or commercial buildings erected within the Gateway District shall be of masonry construction, an equivalent, or better. Exterior building materials shall be classified as either primary, secondary, or accent materials. Primary materials shall cover at least sixty percent (60%) of the façade of a building. Secondary materials may cover no more than thirty percent (30%) of the facade. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more t han ten percent (10%) of the facade. 1. Primary materials may be face brick, stone, glass, architectural concrete or precast concrete units (integrally colored block or textured block), provided that surfaces are molded, serrated examples or treated with a textured material in order to give the wall sur face a three-dimensional character. 2. Secondary materials may be decorative block or integrally colored stucco, fiber cement siding (integrally colored or painted) with hidden seams. Synthetic stucco may be used as a secondary material on upper floors only. 3. Accent materials may be wood, metal or fiber cement when used in trim, fascia or soffit if appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 64 4. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, plastic or fiberglass siding. Face materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile are not pe rmitted. 8. Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional concept of the town center. Contrasting colors should be used to emphasize architectural detail. Where a development plan proposes multiple buildings, the plan shall carry over colors and materials across adjacent buildings. 9. Roofs. The predominant roof shape in the Neighborhood Center subzone is flat with articulated parapets; the predominant roof shape in the Neighborhood General subzone is peaked. Roof shapes in the Neighborhood Mixed - Use subzone should achieve a gradual transition between the two roof types. 10. Outdoor Storage. There shall be no outdoor storage of either materials or products except through the issuance of a conditional use permit. 11. Screening. Property boundaries abutting property that is not included within the Gateway District shall have significant dense vegetative screening. 12. Signage. Signage should be integrated as an architectural element, with attention given to the color, scale and orientation of all proposed signs in relation to the overall design of the building. Signs shall conform to the regulations in Section 19 of this ordinance. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 65 SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” 1. Intent and Purpose. This zoning district is for land in the City of Gem Lake reserved for: 1) open space or, 2) recreational recreational uses. There are currently is no publicly held open or recreation space within the City of Gem Lake. The only recreational facility within the City is a private golf course and it is the desire of the City to have the golf course prope rty remain recreational in nature. There may be an interest in the future for small neighborhood “parks” in other areas of the City. The City desires that this golf course recreational area space use be continued in the future. Based on past zoning practices, the golf course owner’s wishes, and the Cities likely inability to purchase the golf course property, the golf course will continue as a conditional use within residential districts. The land under the golf course is currently zoned as being in the “RE” zoning district. 2. Uses. 1. A golf course shall be a conditional use in residential areas of the City of Gem Lake. 2. Public parks may be provided as part of development formed by a PUD in residential areas in the City. 3. The City will continue to explore options for acquiring true public open spaces or preservation areas, focusing on land which directly impacts the water quality of the water body called Gem Lake. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 66 SECTION 11. RESERVED SECTION 12. RESERVED Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 67 SECTION 13. PLANNED UNIT DEVELOPMENT 1. Purpose. 1. The purposes of this section are: 1. To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements. This section may allow modifications such as non -standard lot sizes, private streets and driveways, reduced rights-of-way and street widths, housing types, zero lot lines and building setbacks. These changes shall meet the standards and purposes of the City of Gem Lake Comprehensive Plan while preserving the health, safety, and welfare of the citizens of the city. 2. To allow for the potential mixture of uses in an integrated and well planned area. 3. To ensure concentration of open space into more usable areas, and a preservation of the natural resources of the site. 4. To facilitate the economical provision of streets and public utilities. 5. To facilitate mixed use developments, and/or affordable housing, recreational uses and institutional uses. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. 7. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. 8. Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. 2. Permitted Uses. 1. Specific uses and performance standards for each PUD shall be delineated in a development plan. 1. Each PUD shall primarily be used for the use or uses for which the site is designated in the City of Gem Lake Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. 2. Where the site of a proposed PUD is designated for more than one land use in the Comprehensive Plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this ordinance and the Comprehensive Plan. 2. A PUD is an allowable conditional use in all zoning districts in the City of Gem Lake., except for land zoned Open Space/Recreational (‘OS/R”). 2. 3. Coordination with Subdivision Regulation. 1. It is the intent of this section that subdivision review be carried out simultaneously with the review of a planned development under this section. 2. The plans required under this section must be submitted in a form, which will satisfy the requirements of the Gem Lake subdivision section of this Consolidated Land Use Ordinance for the preliminary and final plats. 3. Flexibility of design standards and criteria of the Gem Lake subdivision section may be allowed as part of a planned unit development. 4. Submission of Material Required for Approval. Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 68 1. The materials and description of contents required for approval of a PUD are described in the City of Gem Lake Planned Unit Development Procedure 4-17 available from City Hall. Request a copy of this procedure with your PUD application form. 5. Enforcement of Development Schedule. 1. The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same phase of the construction of dwelling units. From time to time the zoning administrator may review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the city council, which may modify or revoke the planned unit development permit. 6. Conveyance and Maintenance of Common Open Space. 1. All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Attorney which restrict the common open space to the uses specified on the final development plan, and which prov ide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. 2. If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City Attorney and City Staff which explain: 1. Ownership and membership requirements. 2. Articles of incorporation and bylaws. 3. Time at which the developer turns the association over to the homeowners. 4. Approximate monthly or yearly association fees for homeowners. 5. Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities. 7. Standards for Common or Open Space. 1. No open area may be approved as common open space under the provisions of this article unless it meets the following standards: 1. The location, shape, size, and character of the common open space must be suitable for the planned development. 2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the n umber and type of dwellings to be provided. 3. Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 4. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city before the final plat is released for recording. 8. Review and Amendment. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 69 1. From time to time the Zoning Administrator may review PUDs within the city and may make a report to the City Council on the status of non-compliance for a particular PUD. If the Zoning Administrator finds that the development has not commenced within one (1) year after the original approval of the conditional use for the PUD, the Zoning Administrator may recommend that the City Council extend the time or revoke the conditional use permit as set forth in Section 17.5 of this ordinance. Prior to cancellation or revocation of this permit, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 2. For additional phases of the PUD, if within three (3) years the project has not progressed, the Zoning Administrator may recommend that the City Council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 3. Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. 4. Approval of the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan. 5. Any amendment to the PUD shall require the same procedures as for the application for a conditional use permit as set forth in Section 17.5 of this Consolidated Land Use Ordinance. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 70 SECTION 14. GARDEN OVERLAY DISTRICT. 1. Findings and Purpose. 1. The City Council makes the following findings: 1. The land-use plans of the City of Gem Lake historically have not assigned any land in the City for long - term agricultural use, as the City has developed and continues to develop as a primarily residential community surrounded by fully developed suburban neighborhoods. The City Council reaffirms the City’s intent to encourage development of the City in accordance with its adopted comprehensive plans. 2. At the time this Ordinance is considered, large land parcels in the City have yet to develop any primary use and stand vacant. Additional large-lot property in the City is projected to subdivide and develop into smaller lots over the next 10 to 30 years. The City Council recognizes that economic conditions are not always favorable for real estate development, and that the costs to carry vacant land can create pressures that promote sub-optimal development. Permitting small-scale agriculture as a primary use will allow owners of large undeveloped parcels to qualify for agricultural tax classification, and thus lower tax payments, without affecting the long-term plans for the land. The Council finds that providing this means to temporarily ease this pressure will enhance the City’s ability to fully realize the goals of its comprehensive plans. 3. Several cities and metropolitan areas are placing a greater emphasis on local food production as a means of improving public health. Allowing the use of available space in the City for “community gardens” or “market gardens” to grow food will promote local food production and improve public health in Gem Lake and the surrounding community. 4. As an interim use of land, subject to the regulations proposed, community gardening and market gardening will be compatible with all allowed land uses in the City of Gem Lake, and with the goals of the City’s comprehensive plan. 2. The Council intends that the Garden Overlay District be available to overlay on parcels of land in any existing zoning district to add the uses described in the district regulations to the list of uses allowed upon that land. The Garden Overlay District may be applied to and superimposed as an overlay upon any zoning district, defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. Nothing in this Section is intended to affect the ability of landowners to maintain accessory uses that are allowed without the Overlay zone upon their property, whether or not the Overlay zone covers their property. This overlay district is intended to permit a temporary land use, and should no longer be needed on a parcel when it eventually develops in accordance with the regulations of the underlying zoning district. 2. Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered as a re-zoning request in accordance with Section 17.6 of this Ordinance. In addition to the documents and materials generally required for a re-zoning application, the applicant shall supply copies of draft leases, contracts or use agreements to which the groups or individuals using the gardens will agree prior to using the garden space. Such agreements must provide the land owner or designated representative with the legal ability to evict a tenant and bar entry to any individual member of a group, if the tenant or individual violates the terms of this Ordinance, the terms of the Interim Use Permit for the property, any restrict ive term of the lease or agreement, or any other applicable City Ordinance or state law. 3. Termination of Garden Overlay. A Garden Overlay District shall remain in effect until one of the following occurs : 1. City approval of a zoning application for a use or uses permitted in the underlying zone (e.g. development plan, conditional use permit, or building permit); the Garden Overlay status and any permits granted under the terms of this Section shall expire six months from the date of approval; or 2. The Interim Use Permit for the property expires, and no application is made to renew the permit within six months of the expiration; or 3. The Interim Use Permit for the property is revoked by the City Council for violations of this Ordinance, permit conditions, or any other applicable law or ordinance. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 71 4. Interim Uses. 1. Subject to applicable provisions of this Ordinance, the following are considered to be Interim Uses in the Garden Overlay District: 1. Community Gardens. 2. Market Gardens. 2. Interim Use Permits granted under this Section expire on March 15th of each year. The permit may be renewed annually, at the discretion of the City Council. Application for and approval of an Interim Use Permit shall follow the procedures set forth in Section 17.5 of this Ordinance. In addition to the requirements of that Section, the applicant shall provide a written summary of the proposed uses of fertilizers, pesticides and other agricultural chemicals in the maintenance of the gardens. In approving an Interim Use Permit, the City Council may attach such additional conditions as it deems necessary to assure compatibility with surrounding land uses, including conditions relating to the use of agricultural chemicals on the property. 5. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are allowed accessory uses to any validly issued Interim Use Permit in any Garden Overlay District: 1. Hoop houses, cold frames and similar structures used to extend the growing season. 2. Benches, planting beds, compost bins, rain barrels and similar structures used to facilitate the growth of plants. 3. Off-street parking and loading areas. 6. Prohibited Practices. 1. No motorized implements or machinery may be used in the cultivation and maintenance of any garden, except for plowing of the plots between the hours of 8:00 A.M and 5:00 P.M, Monday through Friday. Motor vehicles of less than 7,000 lbs. gross vehicle weight may be used to deliver and carry away equipment, supplies and product. 2. Animal husbandry and aquaculture are not permitted activities within a Garden Overlay zone. 3. No fuel, fertilizer, pesticides or similar chemicals shall be stored on the property. 7. General Regulations. 1. The minimum land area for application of a Garden Overlay shall be ten acres. 2. All gardening activity and all structures and equipment shall be setback at least 20 feet from the property line of any property not included within a Garden Overlay Zone, and at least 150 feet from any dwelling. 3. All gardens shall be divided into garden plots, separated from other plots and from required setback areas by unpaved walkways of at least 6 feet in width. No single plot shall cover more than 10% of the total land area of the property on which the plot is located. 4. Off-street parking and loading areas shall be unpaved and shall not exceed 15% of the lot area covered by garden plots and required walkways. 5. The property owner is responsible for the collection and disposal of litter on the property. 6. The hours of operation for a permitted garden are half hour before sunrise until half hour after sunset. 7. The property owner is responsible for ensuring compliance with all other applicable laws, ordinances and regulations, including city ordinances and watershed district rules governing wetlands and stormwater control. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 72 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT 1. Purpose. 1. The Institutional Overlay District is intended to provide a means of overlaying an existing Zoning district located in the City of Gem Lake, for facilities devoted to serving the public. This district is unique in that the primary objective of uses within this district is for the providing of services, frequently on a non -profit basis, rather than for the sale of goods or services. It is intended that all uses within such an overlay area will be compatible with all adjoining uses. 2. The Institutional Overlay District shall be applied to and superimposed as an overlay upon any zoning district, defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. The Institutional Overlay District will remain in effect as long as the use and the user remains the same. If an overlay area is no longer used, uses are changed or terminated, the parcel will revert back to its original underlying zoning classification. 2. Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses in an Institutional Overlay District: 1. Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and related social activities. 2. Private Child child Care care and Education education facilities as defined in the definitions section of this Ordinance, but with activities limited to school/educational activities. 1. An enrollment with an age not to exceed twelve (12) years; 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred eighty two (182); 3. A maximum of one-hundred eighty two (182) “full-day equivalent” students with a full-day* defined as ten (10) hours. 4. The full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,820, which is 182 students’ times 10 hours. 3. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in any Institutional Overlay District: 1. Accessory uses, customarily incidental to the uses permitted as a Permitted Use or Conditional or Interim Use (if a Conditional or Interim Use is allowed). 2. Off-street parking and loading areas. 3. Accessory building as described in Appendix A of this Ordinance. 4. Conditional or Interim Uses. Subject to applicable provisions of this Ordinance, the following are considered to be Conditional Uses in the Institutional Overlay District. 1. Living quarters (such as parsonage, rectory or care-takers house) that are supplied as an accessory use to a principal use provided that: 1. The use shall not be used as a rental property; 2. The maximum of one (1) such dwelling shall be allowed; 3. There shall be a demonstrated and documented need for such a facility. 2. Governmental and public regulated buildings and essential service structures as defined in this Ordinance and necessary for the health, safety and general welfare of the City, excluding public works facilities and uses provided that: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 73 1. Compatibility with the surrounding neighborhood is maintained and required setback and side yard setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in adjacent residential property. 2. Any equipment is completely screened in a permanent structure with no outside storage. 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this Ordinance. 3. Public recreational facilities provided that: 1. The site is landscaped; 2. The use is available to the “public”; 3. The land area of the property containing such uses or activity meets the minim um established for the district; 4. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance. 4. Publicly owned or cultural buildings, such as libraries, city offices, auditoriums, public administration offices and historical developments, but excluding public works type facilities and uses, provided that: 1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in th e adjacent residential property; 2. Any equipment is completely screened in a permanent structure with no outside storage; 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance. 5. Day care, social services or other non-directly related worship activities, as an accessory use within a religious building, provided that: 1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in th e adjacent residential property; 2. Any equipment is completely screened in a permanent structure with no outside storage; 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance and the Landscape Ordinance. 6. Accessory buildings with a cumulative total greater than one-thousand (1,000 sq. ft.) square feet. 5. Lot Area and Setback Requirements. The following minimum requirements shall be observed in an Institutional Overlay District subject to additional requirements, exceptions and modifications set forth in this ordinance: 1. The minimum land area for an Institutional Overlay shall be two and three quarter (2.75) acres of buildable area. For the purposes of this Ordinance, buildable area means two and three quarter (2.75) acres of land, not including wetlands and land seasonally flooded on an annual basis, land containing drainage ways or surface water or land containing aquatic vegetation, and land with slopes in excess of twelve (12%) percent. 2. Lot Width. 1. Two hundred (200) feet of frontage which must be located on a County or State maintained roadway. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 74 3. Setbacks. Table 15.5.3 FRONT YARD 50 foot setback SIDE YARD 50 foot setback REAR YARD 50 foot setback 1. Setback measured from the closest of any lot line, road easement, road right-of-way or the like. 4. Accessory Structure(s) setbacks. Table 15.5.4 FRONT YARD 100 foot setback SIDE YARD 50 foot setback REAR YARD 50 foot setback 1. Setback measured from the closest of any lot line, road, road easement, road right-of-way or the like. 6. Lot Coverage and Height Requirements. The following lot coverage and height requirements shall be observed in the Institutional Overlay district: 1. The total lot coverage of all buildings and other structures shall not exceed thirty (30%) percent 2. The minimum open space requirement for any propo sed use shall be twenty (20%) percent, including green areas not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces. 3. No building structure shall exceed thirty-five (35') feet in height. 4. No accessory structure shall exceed two (2) stories or twenty-five (25') feet in height, whatever is lesser and no accessory structure any part of which is within three-hundred (300') feet of an “R” district or a roadway bordering an “R” district shall exceed fifteen (15') feet in height. 7. Landscaping and Screening. 1. As most Institutional Overlays will occur in residential areas or closely adjacent to Residential areas, landscaping and screening shall be provided to isolate all light and noise from the Institutional Overlay use from entering the adjacent Residential areas. This landscaping and screening must be done in accordance with the procedures in this Ordinance. 8. Procedures for Requesting an Overlay. 1. Application for re-zoning for an overlay. 1. An Institutional Overlay shall be considered a rezoning for a specific parcel of land. This overlay may occur in any zoning district in the City of Gem Lake. The application for an Institutional Overlay shall be made on a form provided by the City Clerk. The fee for an Institutional Overlay shall be the same as the rezoning fee, defined in the Zoning Ordinance. This application for rezoning will only be deemed to be complete when the following are received: 1. A properly completed application and payment in full is received; 2. A registered property surveyors report is provided properly identifying the parcel to be rezoned; 3. All requirements of the Plan Review described in Appendix A of this Ordinance have been met. These plans must be reviewed and approved by the Zoning Administrator, Planning Commission and City Council before any overlay shall be granted. If this is a rezoning to initially define and overlay, the rezoning activities and the Plan Review shall occur at the same time; 4. Proof of ownership or authorization shall be provided. The applicant shall supply proof of title and the legal description of the property for which the Institutional Overlay is requested consisting of and abstract of the title or registered property abstract cu rrently certified together Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75 with unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested Institutional Overlay. 5. A list of all the property owners within three-hundred fifty (350') feet of the proposed site. This certified list shall be obtained from the County Assessor and supplied to the City Clerk. 2. Procedures. 1. Pursuant to Minnesota Statues 15.99 as may from time-to-time be amended, an application for an institutional Overlay shall be approved or denied within the time allowed for by law from its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state and federal agencies may extend the review and decision making period by the additional time allowed by law unless this limitation is waived by the applicant. Additional City requirements are as follows: 1. Applications for rezoning for an Overlay District shall be filed with the Zoning Administrator on an official application form available for available from the City Clerk. Such applications shall also be accompanied by five (5) large scale copies and one (1) reduced scale copy of detailed written and graphic materials fully explaining the processed change, development, or use. The request for an institutional Overlay shall be placed on the agenda of the first possible Planning Commission meeting after the date of submission of the completed application. The request shall only be considered officially submitted when all the informational requirements are complied with. 2. Upon receipt of such application, the City shall set a public hearing following proper hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of the request, and shall be published in the official newspaper at least ten (10) days prior to this hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all owners of land within three-hundred fifty (350') feet of the property in question. The City Clerk shall have the right to provide additional property owners notification beyond the three hundred fifty (350') foot distance if it is judged that the request will have an impact upon additional properties. The records of the County Assessor shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice is sent shall be attested and made a part of the records of the proceeding. 3. Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth in this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this section. 4. When reviewing the proposed institutional overlay, the following additional factors shall be included in the review: 1. The proposed action in relation to specific policies and provisions of the Official City Comprehensive Plan; 2. The proposed use’s conformity with present and future land uses in the area; 3. The proposed use’s conformity with all performance standards contained herein; 4. The proposed use’s effect on the area in which it is proposed; 5. The proposed use’s impact upon property value in the area in which it is proposed; 6. Traffic generation by the proposed use in relation to capabilities of streets and roads serving the property; 7. The proposed use’s impact upon existing public services and facilities including parks, schools, streets and utilities and the City’s service capacity. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 76 5. The Planning Commission or the Zoning Administrator shall have the authority to request additional information from the applicant or to retain expert testimony at the eh expense of the applicant, said information to be declared necessary to evaluate the request and establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for recommendation of denial of the request. 6. The applicant or a representative thereof shall appear before the Planning Commission in order to answer question concerning the proposed request. 7. The Planning Commission shall recommend approval or denial of the request. 8. The City Council shall not act upon such an Overlay request until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request after thirty (30) days from the first regular meeting at which the request was considered, the City Council may proceed with its consideration and action on the request. 9. Upon receiving the report and recommendation of the Planning Commission, the City shall place the report and recommendation on the agenda for the next regular City Council meeting. Such reports and recommendations shall be entered into and made part of the perm anent written record of the City Council meeting. 10. Upon receiving the report and recommendation of the Planning Commission, the City Council shall have the option to hold another public hearing if deemed advisable. 11. If, upon receiving such reports and recommendations from the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commi ssion, the City Council may before taking any final action, refer the matter back to the Planning Commission for further consideration. The City council shall provide a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular request. 3. Approvals. 1. Approval of the Overlay request shall require passage by a four-fifths (4 of 5 votes) majority of the entire City Council. 2. The Institutional Overlay zoning shall not become effective until such time as the City Council approves the overlay and after said approval is published in the official newspaper. 3. Prior to the start of building or any remodeling that will change the outside dimensions of a building or structure, in the Institutional Overlay Zone, a plan review, in accordance with section 14.1 of the Zoning Ordinance, shall be made. No building permits shall be issued until this plan review is complete. 4. Denials. 1. If the City Council finds that a proposed use contemplated for the parcel which is the subject of an application for rezoning to Institutional Overlay Classification is likely to have a material adverse effect on the public health, safety of general welfare after considering possible adverse effects which may include, but not be limited to, those delineated in Section 15.8.2.1.4 (1-7) above, then such application shall be denied. 5. Recording of Actions Taken. 1. If a request for an Institutional Overlay receives approval by the City Council, the applicant shall record such with the County Recorder within thirty (30) days of the approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, furnish the City proof of recording, no building permits for the property in question will be granted until such proof of recording is furnished to the City. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 77 6. Actions if the overlay is denied. 1. Whenever an application for an overlay district has been considered and denied by the City Council, a similar application and proposal for an overlay affecting the same property shall not be considered again by the Planning Commission or the City Council for at lea st one (1) year from the date of its denial except as follows: 1. Applications for an overlay are withdrawn prior to the City Council taking action on the matter. 2. If the City Council determines by a vote of not less than four-fifths (4 of 5 votes) majority that the circumstances surrounding a previous application have changed significantly. 7. Time period (duration) of this Institutional Overlay approvals. 1. An Institutional Overlay shall remain in effect until one of the following occurs: 1. Unless the City Council specifically approves a different time when action is officially taken on the request, the rezoning for an Institutional Overlay shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started construction of any building, structure, addition or alteratio n, or use requested for this overlay. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. 2. If any one of the following occur the overlay shall expire: 1. The use of the property is changed to not be in accordance with the uses outlined in this section of this Ordinance; 2. The organization to which the permit for and Overlay District has been given is no longer the occupant of the building or facilities on the site. No leases or subletting of the building or facilities operating on an Institutional Overlay shall be permitted. 3. If an Institutional Overlay is allowed to expire or is revoked for cause, the parcel of property shall revert back to the underlying zoning of the parcel. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 78 SECTION 16. GENERAL PROVISIONS 1. Application of this Ordinance. 1. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 2. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. 3. Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose, nor in any manner which is not conformity with this Ordinance. 4. When land is proposed to be annexed to the City of Gem Lake the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the “RE” District and such classification shall be considered as an interim step pending permanent classification. 5. Real Property Development. making application for development of real property in the City of Gem Lake, the developer shall submit twelve (12) sets of all plans, variance requirements, and permit requirements in forms acceptable to the Zoning Administrator or City officials including, but not limited to, the following: 1. A Site Plan; and 2. A Grading and Filing Plan; and 3. A Landscape Plan; and 4. A Tree Preservation Plan; and 5. A Sediment and Erosion Control Plan; and 6. A Storm Water Management Plan; and 7. A Description of the Project; and 8. A Description of Future Expansion Plans; and 9. All Variances, Conditional and Interim Use Permits, and Zoning Amendments required; and 10. All other such plans or information as may be required for specific zoning districts. 6. Development Review Considerations. When making recommendations and decisions considering land use, variance applications, or rezoning applications, the Planning Commission and City Council shall review and measure the impact of such uses including, but not limited to, the following as crit eria: 1. The impact of the use on adjacent uses; and 2. The impact of the use on air and water quality; and 3. The impact of the use on traffic generation; and 4. The impact of the use on public safety, health and welfare; and 5. The impact of the use on the economy. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 79 2. Severability. It is hereby declared to be the intention of the Mayor and City Council that the several provisions of this Ordinance are severable. If any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment. 3. Non-Conforming Uses and Structures. 1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. 2. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the City. 3. When any lawful non-conforming use of any structure or land in any district has been changed to a confirming use it shall not thereafter be changed to any non-conforming use. 4. When a lawful non-conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. 5. Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. 6. Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use. 7. A lawful non-conforming use may be changed only to a use of the same or more restricted classification. 8. Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. 9. Uses Not Provided for Within Zoning Districts: 1. Whenever, in any Zoning District, a use is neither specifically allowed nor denied, the use shall be considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own initiative, or upon request of the property owner, conduct a study to determine if: 1. The use can be deemed consistent with the Comprehensive Municipal Plan; 2. The use is acceptable to and will not adversely affect adjacent property owners; 3. The use is in the public interest and is not determined to be offensive; 4. Which defined Zoning District would be most appropriate for the use; 5. What conditions and standards relating to development of the use should be imposed? Upon completion and consideration of the study, the City Council or Planning Commission or the real property owner may initiate a request for an amendment to the Zoning Ordinanc e to provide for the particular use under consideration in accordance with the definitions and provisions contained in this Ordinance. 4. Lot Provisions. 1. Land covered by Gem Lake, its contiguous bog area including islands (measured to the mean high water mark) and other DNR protected wetlands shown on applicable section maps covering the area shall not be included in any area calculations required by this Ordinance. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 80 2. In all residential districts, a lot must include contiguous buildable area as shown in tables located elsewhere within the ordinance unless the lot is part of a cluster or planned unit development that has been reviewed and recommended for approval by the Planning Commission and approved by the City Council. 5. Accessory Buildings. 1. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 2. No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory building exceed twenty-five (25') feet in height. 3. An accessory building shall be considered to be an integral part of the principal building unless it is six (6) feet or more from the principal building. 4. No detached accessory building shall be less than sixty (60') feet from the public right -of-way except on a corner lot, unless it conforms to the side yard requirements of the principal building. Those accessory buildings located sixty (60') feet or more behind the right-of-way line shall have a side yard of two (2') feet or more and a rear yard of three (3') feet or more. 5. No combinations of accessory buildings shall be allowed to exceed one-thousand (1,000) square feet in size, except by Conditional or Interim Use Permit from the City Council. 6. Required Yards, Open Space and Heights. 1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. 2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other buildings. 3. The following shall be considered as permitted encroachments on set-back and height requirements: 1. In any yards: posts, off-street open parking spaces, open terraces, awnings, open canopies, steps, chimneys, and flag poles. 2. In front yards: service stations pump islands and fences. Fences must be at least eighty (80%) percent open. 3. In side and rear yards: fences or walls six (6') feet in height or less. However, in a corner lot no obstruction higher than three (3') feet above curb level shall be located within twenty (20') feet of the lot corner formed by any two streets, or within fifteen (15') feet of any street right-of-way. See Residential Zoning Districts for additional regulations for fences. 4. In rear yards, recreational and laundry drying equipment, open arbors and trellises, balconies, breeze ways, porches, detached outdoor living rooms, barbecue facilities and portable seasonal living structures. 5. Height limitations shall not apply to barns, silos, and other structures on farms; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public utility facilities; Accessory and Secondary Use antennas and parapet walls extending not more than four (4') feet above the limiting height of the building. 7. Traffic Visibility. 1. No fences, structures or planting exceeding thirty (30") inches in height above the center line grade of the street shall be permitted within the required front yard set-back on a corner lot. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 81 8. Farming Operations. 1. All farms in existence upon the effective date of this Ordinance and all farms which are brought into the City by annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained herein and other City Ordinances as in effect shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. See Residential Zoning Districts for additional regulations of agricultural buildings. 2. Structures in which farm animals or fowl are to be housed shall be designed with construction materials consistent with the main dwelling on the property. 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; 4. require a setback of one hundred (100’) feet of any lot line except where the following conditions may provide for easing the restriction: The structure shall be partially screened from the views from neighboring houses, with said screening to be existing or planted and maintained vegetation or the natural topography of the lot and surrounding land and with the amount of screening to be measured at full growth in the summer season; The structure shall be at least one-hundred (100’0”) feet from any well, ISTS or neighboring dwelling; The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems; The design and construction materials of the structure shall be consistent with the main dwelling on the property; Such other factors as may be deemed material by the City. 1. 9. Essential Services. 1. Essential services shall be permitted as authorized and regulated by state law and ordinances of the City of Gem Lake. 10. (Deleted) 11. (Deleted) 12. Relocation of Dwelling Units. 1. It shall be the stated policy of the City of Gem Lake to maintain a harmonious and high standard of residential development and to protect residential areas from deleterious effects through insuring that both new and relocated dwellings form other areas, both within the City of Gem Lake and from outside, shall meet specified requirements. Such relocation of dwellings as stated above must conform to all regulations of the Build ing Code and shall be permitted in the zoning district where all necessary specifications as to lot sizes, setbacks, type of use, height regulations and all other conditions as laid down in this Ordinance are met. 2. In addition, such relocations shall require a Conditional Use Permit from the City Council wherein the following procedures shall be followed and provisions shall be met: 1. Application shall be made on forms provided by the City Clerk; 2. A fee for the Relocation of Dwelling Units shall be required in an amount established by resolution of the City Council at its first meeting in January of each year. Further, the City may impose additional fees including, but not limited to, engineering costs, attorney’s fees, expert opinions and publishing costs payment of which may also be required of the applicant as part of the process. The building mover shall meet all requirements for licensing and insurance as required by Minnesota Statues 221.81 and as from time to time amended. Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted Formatted: Indent: Left: 1", No bullets or numbering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82 3. The application shall be referred to the City Council, who shall set a time and place for a public hearing giving at least ten (10) days’ public notice of such hearing. 4. At least ten (10) days before such hearing, the Council shall mail a notice of said hearing to property owners within three-hundred fifty (350') feet of the relocation premises. Failure of the Council to mail the notice, or failure of the title holder to receive the notice shall not invalidate the proceedings. 5. The Planning Commission shall make a report to the City Council on the matter before or at the public hearing. 6. The City Council shall make a finding and declare whether or not the structure to be moved is architecturally compatible. 13. Fences. 1. General Provisions. 1. No fences shall be placed on or extend into a public or private right-of-way or utility easement. 2. The side of the fence considered the “face’ (i.e. the side having no structural supports) shall face abutting property or the public or private right-of-way. 3. Both sides of the fence shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become or remain in a condition of disrepair or danger or constitute a nuisance, public or private. 4. No physical damage of any kind shall occur to abutting property during fence construction. 5. All fences shall be constructed inside the property lines of a lot. If corner property stakes cannot be readily identified, a certificate of survey and setting of corner property stakes is necessary before fence construction starts. 6. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used . 5. 6.7. All man-made fences shall consist of materials comparable in grade and quality to the following: decorative masonry, wrought iron or wood, provided the surfaces are finished for exterior use, or wood of proven durability such as cedar or redwood is used. 7.8. Chain link fences shall only be used for dog confinement areas (six (6'0") foot maximum height), around swimming pools or spas four (4'0") foot maximum height) or for tennis courts (twelve (12'0") foot maximum height) in rear and side yards only. Chain link fences which need additional height or for other uses or placement shall require a Conditional Use Permit. 8.9. Fences, utilized for the protection of gardens, crops and shrubs from deer and other wildlife which are setback a minimum of twenty-five (25'0") feet from any property line, are at least eighty (80%) percent open and not greater than six (6'0") feet in height and are limited to specified areas requiring protection, shall be exempt from any City review or processing requirements. 9.10. It is recommended that all fences be screened with trees or shrubs to buffer views, neighboring property or public right-of-way, or to generally ensure aesthetic quality and compatibility with the natural character of the community. 2. Specific Fence Standards. Fences may be allowed in the City of Gem Lake subject to the following standards: 1. Split rail fences not exceeding forty-eight (48") inches in height are permitted anywhere within the property lines of a lot located within the City. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 2", No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 83 2. Except as may be provided herein, fences up to six (6'0") feet in height and no more than eighty (80%) percent solid matter shall be permitted along the boundaries of the side and rear yard of a lot on a permanent basis. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. 3. Fences not exceeding six (6'0") feet in height, in areas other than for residential areas of the City, may be permitted in front of the front building lines as established by the primary structure on the lot, where required for screening of adjacent property. 4. On corner lots, no fence greater than thirty (30") inches high shall be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 5. All swimming pools must be completely enclosed with a safety fence at least four (4'0") feet in height which shall completely enclose the pool. This fence shall be as described in Section 16.14.3. A temporary fence as described in 16.14.3.3 shall be installed and shall be in-place before the pool is filled. 6. All outdoor spas shall have either a fence or a latchable cover, as described in 16.14.3.4 7. Freestanding stone, brick, stucco, concrete, wood or other walls, not required as retaining structures, are considered fences under this section of this Ordinance. 8. There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district except no plantings greater than thirty (30") inches high shall be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 9. Temporary snow fences can be erected for temporary site protection or for diverting snow. Snow fences shall not be used as permanent fencing. Snow fences shall not be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 3. Fence standards allowed by Conditional Use Permits. The following fences may be approved by Conditional Use Permit only, in accordance with the standards as set forth by the City Council: 1. Fences allowed by Conditional Use Permit are as follows: 1. All chain link fences with a height greater than described in Section 16.13.1.7. 2. Fences, such as sales lot security fences, which include a security gate at a point where access is provided to the property and/or principal building 3. Fences greater than six (6') feet in height around a garden, crops, and shrubs utilized for the protection of such from deer and other wildlife. 4. Barbed wire and electrically charged fences. (All such fences must be marked with caution signs on all exposures). 4. Non-Conforming Fences. It is the intent of this section to allow the continuation of such non-conforming fences as may already exist until they are discontinued as provided herein. However, it is not the intent of this Section to encourage the survival of non-conforming fences and such fences are declared to be incompatible with permitted conforming fences and such fences are declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions: 2. An existing fence not permitted by this Ordinance, except when required to do so bylaw or ordinance, shall not be enlarged, extended, reconstructed or structurally altered unless such fence is changed to one permitted. Maintenance of a non-conforming fence will be allowed, however, when this includes necessary repairs and incidental alterations which do not expand or intensify the non -conforming use. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 84 14. Outdoor Swimming Pools and Spas. 1. Private swimming pools shall be constructed so as to avoid hazard or damage to the occupant of the subject property or the occupants of adjacent property and shall conform as follows: 1. Permit Required. No outdoor swimming pool shall be constructed or established and no such pool construction shall be commenced in the City of Gem Lake without first obtaining building and plumbing and, as necessary mechanical permits approved by the City Building Official . 2. Applications. Applications for a swimming pool related permits may be secured from and shall be submitted to the City Clerk along with a fee determined by the fee schedule for construction permits in effect at the time of application and based upon the estimated value of the construction. Applications for swimming pool permits shall include, without limitation the following information: 1. Complete plans and specifications for the construction of the pool. 2. A site plan showing the location of all structures on the lot including the house, garage, fences, trees, overhead or underground wiring, utility easements, sewage systems and other significant improvements or natural features; 3. The proposed locations of pumps, filters, electrical power source (if applicable), flushing and drainage outlets and other operational features; 1. A plan showing where pool water will be discharged and the path such discharged water will follow. In no case shall any water discharged from a swimming pool or spa be allowed to flow directly into any lakes, ponds or wetlands. 4. Location and specifications of protective fencing. 2. Construction setback requirements for pools. Private outdoor swimming pools shall be constructed as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements: 1. Underground or overhead utilities shall be located in conformance with the National Electric Code; 2. No pool shall be located within any private easement, public or private utility easement, ingress or egress easement, drainage way, marsh, or other location in which it will represent a threat to the natural environment; 3. In areas zoned or used for single family residential purposes, pools are prohibited in the front yard and shall not be located within thirty (30'0") feet of any lot lines, nor within ten (10'0") feet of any principal structure or accessory buildings except accessory building without frost footings. No mechanical equipment shall be located closer than thirty (30'0") feet to any lot line; 4. No portion of any swimming pool or appurtenances thereto shall be located less than ten (10'0") feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen(15'0") feet from any portion of the sewage treatment system. 3. Safety Fence Required. A safety fence of at least four (4'0") feet in height shall completely enclose the outdoor pool. All openings or points of entry into the pool area shall be equipped with self-closing and self-latching gates or doors. All gates and doors shall have a latch which is no less than four (4'0") feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed three (3") inches. 1. Safety fences shall be constructed of materials with minimum spaces between the materials and shall be constructed so as to inhibit the climbing thereof by any person. If a safety fence is located within an area subject to and covered by a homeowners association, and if such homeowners association has an architectural review committee, then the architectural review committee shall approve the location and style of the fence. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85 2. Above ground pools of four (4') feet or more in wall height shall be exempt from complete closure by a type of fence resistant to being climbed, however, above ground pools shall be equipped with a fence and gate system at all point of entry to the pool. Said fence and gate system shall effectively control access to the pool and shall be constructed pursuant to the specifications herein contain for underground pools. 3. Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more than eighteen (18") inches into the shallowest portion of any swimming pool newly constructed or being constructed until such time as the Building Official authorizes the filling of such pool with water. Such authorization shall be withheld until, as a minimum, the permittee has caused such pool to be completely enclosed by a swimming pool construction fence. Said construction fence shall: 1. Be of snow fence like of similar design and be securely anchored in place; 2. Be constructed with its base flush to the ground; 3. Be at least four (4'0") feet in height and have supportive posts placed no mo re than eight (8'0") feet apart; 4. Remain in place until a permanent fence completely enclosing the swimming pool is installed. 4. All outdoor Spas shall either have a fence as described in this section for outdoor swimming pools or a latchable cover. The cover should be constructed of a material impenetrable by toddlers and subject to inspection by the City building Official. 4. Miscellaneous Requirements. 1. All back-flushing water or pool drainage water shall be directed to be on the property of the owner or on approved drainage ways. Drainage onto public or private streets or other public or private drainage ways shall require a permit from the City Building Official. 2. Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties. 3. All electrical installations shall comply with the State Electrical Code. 4. Precautions during construction: 1. Avoid damage, hazards or inconvenience to adjacent or nearby property; 2. Assure that proper care shall be taken in stockpiling excavating materials to avoid erosion, dust or other infringements upon adjacent property; 3. All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to streets and adjacent private or public property. 5. Nuisance. The conduct of persons and the operation of pools shall be the responsibility of the owner and any tenants thereof and such conduct of persons and operation of the pool shall be done in a manner so as to avoid any nuisance or breach of the peace, and it shall be unlawful to allow loud noises to go beyond the boundaries of the property upon which the pool is located to adjacent property. 15. Land Reclamation. 1. Under this Ordinance, Land Reclamation shall be defined as the reclaiming of land by depositing of material so as to elevate the grade. In all Zoning districts, Land Reclamation shall be permitted only upon issuance of a Special Use permit. Any lot or parcel upon which an aggregate amount of four hundred (400) cubic yards or more of fill is to be deposited shall be defined as Land Reclamation. The request for a Land Reclamation permit shall contain at least the following: 1. Completed Special Use Permit form and necessary fees; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86 2. Survey of the site where Land Reclamation is to occur showing land contours before and after Land Reclamation. This survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent parcels of land. 3. A sketch showing current water drainage from/to the site and any modifications of such drainage after Land Reclamation is complete. 4. A description or sketch showing the soil erosion control measures to be used during this Land Reclamation activity. 5. Description of the amount, origin and types of materials to be placed on the land as part of this Land Reclamation. 6. A sketch and/or description of the final cover material to be placed on the fill deposited by this Land Reclamation. The City Council may require a monetary deposit be placed with the City to insure that the final grading and landscaping be completed per the supplied sketches and description. 7. Statement of when this Land Reclamation is to occur including the hours of the day and days of the week of such planned activities. The City might further limit these hours and days of operation. 8. A route map showing the route for the trucks moving to and from the site. Copies of any special permits needed from the county or state highway departments should be attached. 2. Each Land Reclamation Special Use permit shall be valid for a maximum of one year or as described in the Special Use permit issued by the City. 16. Mining. 1. Under this Ordinance, mining shall be defined as the extraction and incidental processing of sand, gravel, or other materials from the land in the aggregate amount of four hundred (400) cubic yards or more of removal thereof from a single site. In all zoning districts, the conduct of Land Mining shall be permitted only upon issuance of a Special Use Permit. Each request for a permit for Land Mining shall at least include the following: 1. Completed Special Use Permit form and necessary fees 2. Survey of the site where Land Mining is to occur showing land contours before and after the Mining. This survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent parcels of land. 3. A sketch showing current water drainage from/to the site and any modifications of such drainage after Land Mining is complete. 4. A description or sketch showing the soil erosion control measures to be used during this Land Mining activity. 5. A sketch and/or description of the final cover material to be placed on the land exposed by this Land Mining. The City Council may require a monetary deposit with the City to insure that the final grading and landscaping be completed per the supplied sketches and description. 6. Statement of when these Land Mining activities are to occur including the hours of the day and days of the week of such planned activities. The City might further limit these hours and days of operation. 7. A route map showing the route for trucks moving to and from the site. Copies of any special permits needed from the county or state highway departments should be attached. 2. Each Land Mining Special Use permit shall be valid for a maximum of one year or as described in the Special Use permit issued by the City. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 87 SECTION 17. ADMINISTRATION AND ENFORCEMENT 1. Enforcing Officer. 1. The Mayor shall appoint a Zoning Administrator, subject to the approval of the City Council, who shall have the duty and responsibility of enforcing and administering this Ordinance. 2. Building Permit. 1. No structure shall hereafter be erected, or structurally altered until a building permit shall have been issued indicating that the existing or proposed structure and the use of land, comply with this Ordinance and all Building Codes. All applications for building permits pertaining to the erection, or major alteration which will affect the outside dimensions of a structure shall be accompanied by three (3) copies of a site plan to scale showing the actual dimensions of the lot, lots or parcel to be built upon, the dimensions of the ground plan and the extensions beyond the outside wall of the proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary and such other information as may be necessary to provide for the enforcement of these regulations. One copy of the site plan is to be approved and is to be made available o n the site. 3. Duties of the Zoning Administrator. 1. The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority he shall: 1. Conduct inspections of buildings and use of land to determine compliance with the terms of this Ordinance; 2. Maintain permanent and current records of this Ordinance, including but not limited to, all maps, amendments, and conditional and interim uses, variances, appeals and applications, thereto; 3. Receive, file and forward all applications for zoning amendments, variances, conditional or interim uses or other matters to the Planning Commission and City Council; 4. Institute in the name of the City of Gem Lake any appropriate actions or proceeding against a violator as provided by law; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 88 5. Approve all building permits, submitted by the Building Inspector, after determining that the permit is in compliance with this Ordinance. This approval must be made before the permit is issued; 6. Act as Chairman of the Gem Lake Plan Review Commission. 2. The City Council may, on prior recommendation of the Zoning Administrator, empower the Ramsey County Sheriff in specific instances to perform any of the acts which the Zoning Administrator is directed or authorized to perform by this Section. 4. Variances. 1. Purpose and Intent. The City Council, sitting as the Board of Appeal and Adjustment, may grant Variances from the strict applications of the provisions of this Zoning Ordinance and impose conditions and safeguards in the Variances so granted. These Variances shall be considered in cases where by reason of narrowness, shallowness, or shape of a lot or where by reason of exceptional topographic or water conditions or where other extraordinary and exceptional conditions of such lot exist, the strict application of the terms of the Zoning Ordinance would result in practical difficulties upon the owner of such lot in complying with the regulations of the zoning district in which said lot is located. “Practical difficulties,” as used in connection with the grant of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. 2. Application. An application for any Variance from the Zoning Ordinance shall be made on a form provided by the City. If the Variance is to be considered in association with any other Building Permits, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted simultaneously with the Variance application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state full all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the Variance as required and communicated by the Zoning Administrator. 1. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the application within the period prescribed unless said required period is extended or waived. 2. When reviewing variance applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Plan. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the Variance or to retain expert testimo ny with the consent and at the expense of the applicant concerning the application. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. 5. Referral to City Council. The Planning Commission shall make written findings of fact and recommendation to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance and the Comprehensive Plan. 6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. The City Council shall, in the form of a resolution, make a written finding of fact, and convey its decision to approve or deny the application. The Council may impose conditions on the grant of a variance, provided that any condition imposed is directly related to a likely impact of the variance, and in rough proportionality to the scope of said impact. Approvals shall require a majority vote of the City Council. 7. Issuance of Variance. Following a decision by the City Council to approve or deny the application, the Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. 8. Lapse of Variance. Any Variance issued shall lapse if not acted upon within one (1) year of the date of issuance. 5. Conditional and Interim Use Permits. 1. Purpose and Intent. The City Council may, by resolution, grant Conditional or Interim Use Permits for the uses and purposes described elsewhere in this Ordinance as Conditional or Interim Uses and may, in the granting of such Conditional or Interim Use Permits, impose conditions and safeguards which promote the guidelines set forth in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this Ordinance. 2. Application. An application for a Conditional or Interim Use permit shall be made on a form provided by the City. If the Conditional or Interim Use Permit is to be considered in association with any other building permits, variances, or subdivision, all related applications shall be submitted simultaneously with the Conditional or Interim Use Permit application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required under Minn. Stat. § 15.99 by law, the City shall act on the application within the 60-day period prescribed unless said required period is extended or waived. 1. When reviewing Conditional and Interim Use Permit applications, except those for residential building height, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 7. Consistency with the Comprehensive Municipal Plan; and 8. Anticipated Duration of the Conditional or Interim Use. 2. Residential Building Heights. When reviewing Conditional Use Permit applications which deal exclusively with residential building heights, the matter shall be forwarded to the Gem Lake Planning Commission who shall, in a timely manner, review all such applications in accordance with criteria established and, from time to time, modified, by the Plan Review Commission. Upon completion of the review, the Plan Review Commission shall forward the application along with its written recommendation to the City Council for consideration and approval or denial at its next regular meeting. No review by the Planning Commission as required in Section 17.5.3 or Public Hearing as required in Section 17.5.4 shall be required for this Conditional Use unless specifically ordered by the City Council. In all such matters, the City Council shall be considered the Board of Appeals. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insureensure preservation or of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed Conditional or Interim Use on: the Comprehensive Municipal Plan; the character and development of the neighborhood and Zoning District; conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Conditional or Interim Use. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all owners of real property located within three hundred fifty (350'0") f eet of the Conditional or Interim Use site based upon a list and mailing labels secured from Ramsey County Property Records and Revenue. 5. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance. 6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. In considering the application, the City Council shall determine that the propo sed Conditional or Interim Use: 1. Will not be detrimental to public health, safety, and general welfare; 2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; and 3. Is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written finding of fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 7. Issuance of Conditional or Interim Use Permit. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals, a Conditional or Interim Use Permit shall apply only to the use stated on the permit and the application. 8. Lapse of Conditional or Interim Use Permit. If the use stated on the permit and application is not taken up and implemented within one (1) year of the date of issuance, such issued Conditional or Interim Use Permit shall lapse. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 91 9. General Standards. All Conditional and Interim Uses shall comply with the following general standards. 1. Existing Uses. Shall be in accordance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. 2. New Uses. Shall conform as follows: 1. Compliance with all zoning and other regulations as may otherwise be applicable; 2. The date or the event that will terminate the use can be identified with certainty; 3. The existence of the Conditional or Interim Use will not impose additional costs on the public if it becomes necessary for the public to take the property in the future; 4. The user agrees to any conditions of approval associated with the approval of the Conditional or Interim Use Permit by the City Council. 3. Existing and New Uses. Shall conform as follows: 1. Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development; 2. Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance; 3. Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. 6. Amendments. 1. General. In accordance with provisions of Minnesota Statues, the City Council may, from time to time, adopt amendments to this Ordinance providing such amendments are consistent with the intent of the Comprehensive Municipal Plan. 2. Initiation. The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text, tables or district boundaries and maps of this Ordinance. Any person(s), firm(s), or corporation(s) who are the fee title owners of real property in the City or who have been designated in writing to represent the interest of the fee title owners of real property in the City may initiate a request to amend the text, tables or district boundaries and maps so as to affect the said real property or such real property adjacent thereto. 3. Application. An application to Amend the Zoning Ordinance shall be made on a form provided by the City. If the application to Amend the Zoning Ordinance is to be considered in association with any other Building Permits, Variances, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted simultaneously with the application so as to represent the full intent of the application. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount a s established in the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date of the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, The City shall act on the application within the period prescribed unless said required period is extended or waived. 4. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed application on: the Comprehensive Municipal Plan; the character and development of the affected neighborhood(s) and Zoning District(s); conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the amendment. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 92 1. Only applications for zoning amendment which meet one of the following conditions should be considered: 1. A mistake has been made in the original zoning which was inconsistent with the Comprehensive Municipal Plan adopted by the City which should now be corrected; or 2. Substantial changes have occurred within the City since the adoption of the Comprehensive Municipal Plan which changes should result in an amendment of both the zoning and the Comprehensive Municipal Plan; or 3. There shall exist a clear public need for a benefit to be derived from the proposed zoning which shall be greater than any benefit or convenience of the property owners. 4. Beyond a public need being evident, the application shall show that the public interest would be best served by rezoning the property in question and that the property in question is the best qualified to serve said public need; or 5. In the case of “down zoning” which would diminish the intensity of the current use to a less intensive use, the proposed zoning shall allow the property owners a reasonable use of their property under the terms of this ordinance as well as serve the public interest. 2. When reviewing a zoning amendment applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Plan. 5. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. If the amendment might affect the zoning or use of specific property, a similar notice shall be mailed to all owners of real property located within three hundred fifty (350') feet of the affected property based upon a list and mailing labels secured from Ramsey County Property Records and Revenue by the applicant and within the same time frame. 6. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance. 7. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be within the time prescribed by law unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. In considering the application, the City Council shall determine that the proposed amendment: 1. Will not be detrimental to public health, safety, and general welfare; 2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 93 3. Is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written finding a fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 8. Adoption of the Amendment and Incorporation of Amendments into the Ordinance. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals and unless otherwise specified by the City Council, the Amendment shall be considered in effect on a date specified by the City Council, but not later than thirty (30) days subsequent to the City Council’s decision. 7. Appeals 1. All appeals from any order, requirement, or decision of the Zoning Administrator or Building Official shall be brought before the Planning Commission who shall act in the capacity of Board of Appeals in all matters related to this Ordinance. 2. All appeals shall be filed in writing with the Zoning Administrator accompanied by any substantiating information and list of experts who shall may testify on behalf of the appellant. Upon receipt, materials shall be forwarded to the Chairman of the Planning Commission who shall place the matter on the agenda of the next meeting or a special meeting, provided a notice of the special meeting is appropriately published in the City’s legal publication. Notice of all hearings for appeals shall be mailed to all appellants. 3. Upon review of the appeal and supplemental documentation and testimony related thereto, the Planning Commission shall decide the matter subject to judicial review or appeal to the City Council. 4. In the event the appeal is granted, it shall be published in the City’s legal publication and shall become effective the date of publication. 8. Fees. 1. Application Fees. The fees to be paid to the City for an application for amendment of this Ordinance, a Variance from this Ordinance, a Conditional or Interim Use Permit, or any construction, plumbing, electrical, mechanical or other related permit shall be made payable to the City in an amount established, and from time to time, amended by resolution of the City Council. 2. Supplemental Costs. In addition to application fees, the City shall require payment of supplemental costs related to an action or application including, but not limited to: attorney’s fees, fees of outside experts; staff time; direct expenses exceptional to the effort and as identified by City staff. The applicant shall deposit funds with the City, to be held in escrow, for payment of these supplemental costs, as determined by the City Council in ordinances adopted from time to time setting forth fees and charges for City services. Any application fees shall be applied to the costs incurred by the City. All expenses and costs incurred by the City in connection with an application under this Ordinance shall be borne by the applicant, and paid prior to final action on the application. Any amounts remaining from a deposit posted by an applicant shall be refunded to the applicant within thirty (30) days after final action on the application. 3. Fees shall be payable at the time applications are first filed with the City and are not refundable unless the application is withdrawn prior to referral of the matter for consideration. There shall be no fee in the case of an application filed in the public interest by members of the Planning Commission or City Council. 9. Violations and Penalties. Any person, firm, corporation, or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be charged with a misdemeanor and, upon conviction thereof, subject to the maximum penalties provided for by law and costs for every offense. Each day that a violation is permitted to exist shall constitute a separate offense. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 94 SECTION 18. PERFORMANCE STANDARDS 1. General. The performance standards established in this section are designed to encourage high quality development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban and rural blight. The Zoning Administrator, assisted by the Building Inspector, shall be responsible for enforcing these standards and may require the submission of information showing compliance or non-compliance with the standards. 2. Requirements for Consideration. 1. Construction Plan Review 1. Residential Construction 1. Prior to the start of construction or remodeling that will create a new building or structure or will change the outside dimensions of any building or structure located in a residential zoning district, six (6) copies of the following data must be furnished to the Zoning Administrator. 1. Existing Improvements. Copies of a site plan drawn to a scale not smaller than one inch equals fifty feet (1" = 50') for the lot upon which the structures will be built or remodeled. Each site plan shall identify the location(s) and size(s) of all existing structures, proposed structures or additions, driveways, sidewalks, parking spaces and Individual Sewage Treatment Systems (ISTS). The dimensions and area calculations of the lot and all building set-back lines shall also be shown. 2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall be identified and set-back lines to all structures shall be indicated on the site plan. 3. Trees and Landscape. If the proposed construction or remodeling will result in any loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan as described in Section 27 shall be provided. A landscape plan shall also be provided indicating existing and proposed vegetation improvements. 4. Plans. Preliminary architectural plans including floor plans and exterior elevations for the proposed construction or remodeling. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 95 5. Sediment and Erosion Control. Identification of all Best Management Practices (BMP) to be employed on the property to provide sediment and erosion control in accordance with Section 22 of this ordinance. 6. Additional Data. Any additional data requested by the Zoning Administrator or Plan Review Commission due to conditions peculiar to the property. 2. Commercial Construction 1. Prior to the start of construction or remodeling that will create a new building or structure or will change the outside dimensions of any building or structure located in a commercial or business zoning district, six (6) copies of the following data must be furnished to the Zoning Administrator. 1. Existing Improvements. Copies of a Registered Surveyors Report drawn to a scale not smaller than one inch equals fifty feet (1" = 50') for the lot upon which the structures will be built or remodeled. Each site plan shall identify the location(s) and size(s) of all existing structures, proposed structures or additions, driveways, sidewalks, parking spaces and Individual Sewage Treatment Systems (ISTS). The dimensions and area calculations of the lot and all building set-back lines shall also be shown. 2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall be identified and set-back lines to all structures shall be indicated on the site plan. 3. Topography. A topographical survey in two (2') foot increments and at a minimum scale of one inch equals twenty feet (1" = 20') for the proposed construction site which includes existing topographical and natural features, proposed changes to the topographical and natural features, existing structures and improvements and proposed structures and improvements. 4. Trees and Landscape. If the proposed construction or remodeling will result in any loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan as described in Section 27 shall be provided. A landscape plan shall also be provided indicating existing and proposed vegetation improvements. 5. Fences and Screening. Details and specifications for all fencing, walls and screening devices to be installed as part of the project. 6. Storm Water Drainage Plans. Identification of all Best Management Practices (BMP) to be employed on the property to provide storm water drainage sufficient to drain and dispose of all surface water accumulation within the proposed development site, said BMP’s to be in accordance with Section 22 of this ordinance. These plans to be reviewed by the City Engineer and the appropriate Watershed Management Organization (WMO). 7. Sediment and Erosion Control. Identification of all Best Management Practices (BMP) to be employed on the property to provide sediment and erosion control in accordance with Section 22 of this ordinance. These plans to be reviewed by the City Engineer and the appropriate Watershed Management Organization (WMO). 8. Traffic and Parking. Detailed plans showing all entrances and exits accompanied by reviews by Ramsey County if development will access onto a county road or MN DOT if development will access onto a state highway. Plans shall also include all interior driveway and road details, parking requirements and emergency access routes. 9. Lighting. Lighting plans shall include all proposed installation of exterior, parking lot, display and storage lot lighting. 10. Signage. Proposed placement, description and quantity of all sign types and associated fixtures. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 96 11. Structure Plans. Preliminary architectural plans including floor plans, exterior elevations and description of exterior facades. 12. Deviations. Plans should be accompanied by a list of all Variances, Conditional or Interim Use Permits, and Zoning Amendments required for the development. 2. Cost of Data Review. 1. All costs in excess of those already included in established permit fees incurred by the City in the review of the data supplied for commercial construction, such as City Engineer plan review costs, shall be paid by the person presenting the plans, prior to any approval. The final approval of these plans will not be voted on by the City Council until all costs have been paid. 2. Whenever the proposal may involve a potential for significant environmental impact, or if an Environmental Impact Statement or an Environmental Assessment Worksheet may be needed by state law or applicable regulation, the City will require the applicant to prepare or pay for the professional assistance needed in the preparation of these statements or worksheets. 3. Procedures for Review. 1. Residential Construction. 1. No building permits will be issued for the proposed construction or remodeling until the data required has been reviewed and approved by the Plan Review Commission which shall be charged with completion of the review in a timely manner. 1. If approved by the Plan Review Commission, one (1) copy of the data shall be filed with the application for a building permit, one (1) copy shall be attached to the architectural plans retained by the City for its records and one (1) copy shall be attached to the architectural plans and made available for inspection at the construction site. 2. In the event the applicant and Plan Review Commission disagree on any portion of the proposed plans which would preclude issuance of a building permit, the matter may be submitted to the City Council. In this case, the City Council shall act as the Board o f Appeals and may order approval of the building permit application as presented, may order approval of the building permit application with such amendments as it may deem appropriate or may order denial of the building permit application. 2. Commercial Construction. 1. No building permits will be issued for the proposed construction or remodeling until the data in required has been reviewed by the Zoning Administrator and submitted for review by the Planning Commission at its next regular meeting. The Planning Commission with assistance as requested by the Plan Review Commission, City Engineer, Building Official or other such professionals as it may deem necessary shall review the submittal and forward recommendations to the City Council for approval of the building permit application, approval of the building permit application with such amendments as may be appropriate or denial of the building permit application. 1. If approved by the City Council, one (1) copy of the data shall be filed with the application for a building permit, one (1) copy shall be attached to the architectural plans retained by the City for its records and one (1) copy shall be attached to the architectural plans and made available for inspection at the construction site. 2. In the event the applicant and City Council disagree on any portion of the proposed plans, the matter may be resubmitted with amendments to the Planning Commission for reconsideration and the Planning Commission shall review the resubmittal and forward recommendations to the City Council for approval of the building permit application with amendments as resubmitted or denial of the building permit application. 3. Exterior Storage. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 97 1. Residential Districts. 1. In Residential Districts, all materials and equipment shall be stored within a building or fully screened (so as not to be visible) from adjoining properties or a street, except for the following; laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off- street parking of passenger automobiles and pick-up trucks, except inoperative automobiles and trucks may be parked once for a period of time not to exceed fourteen (14) days. 2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable storage units is not allowed in any residential district except when used in conjunction with an Interim Use Permit, issuance of which is not subject to a public hearing, issued for a period of not more than one- hundred twenty (120) days in conjunction with a properly issued Building Permit for the property. Whenever possible, such containers should be restricted to a location in the side or rear yard. 2. Business District. 1. In business districts all materials, equipment and vehicles shall be stored in a building or fully screened (so as not to be visible) from adjoining properties or a street except for: 1. Temporary storage of construction and landscaping materials currently being used on the premises. 2. Open Storage Lots where screening but not a building shall be required. 3. Open Sales or Rental Lots where merchandise for retail sales or rental may be displayed in areas designated by the required Site Plan or a Conditional or Interim Use Permit. 2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable storage units is not allowed in any business district unless an Interim Use Permit for a period not to exceed one-hundred eighty (180) days is first secured in accordance with Section 17.5 of this Ordinance. Whenever possible, such containers should be restricted to a location in the side or rear yard. 4. Refuse. 1. In all Districts, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Farms may be excluded from this requirement providing the waste material is that commonly associated and incidental to normal farm operations. The owner of vacant land shall be responsible for keeping such land free of refuse, and weeds. 1. In all non-residential districts, all commercial refuse containers shall be enclosed in a building or properly fenced or screened to prevent any refuse from spilling beyond the fenced or screened area and to prevent access by children or other unauthorized persons. Fences or screens shall also be subject to the provisions for same found elsewhere in this ordinance. 2. In all Districts, no person shall store, park or permit the parking or storage of any junked vehicle, machinery or equipment external to any structure, on any property within the city. 5. Screening. 1. Screening shall be required in all zones where: 1. Any off-street parking area contains more than four parking spaces and is within thirty (30') feet of an adjoining residential use or zone; and 2. Where the driveway 3. To a parking area of more than six (6) parking spaces is within fifteen (15') feet of an adjoining residential use or zone. 2. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 98 Screening shall also be provided where a business or industry is across the street from a developed residential zone, but not on that side of a business or industry considered to be the front (as determined by the Building Inspector). 3. In all districts, all exterior storage shall be screened. The exceptions are: 1. Retail merchandise being displayed in front of the structure; 2. Materials and equipment being used for construction on the premises; 3. Merchandise located on service station pump islands. 4. The screening in this section shall consist of a solid fence or wall not less than five (5') feet high, but shall not extend within fifteen (15') feet of any street, right-of-way or driveway. The screening shall be placed along property lines or in case of screening along a street, fifteen (15') feet from the street right-of-way with landscaping between the screening and the pavement. A louvered fence shall be considered “solid” if it blocks direct vision. Planting of a type approved by the Council may also be used as a screening. 1. Screening shall also be subject to additional provisions of other sections of this Ordinance. 6. Landscaping. 1. In all Districts, all exposed ground areas surrounding or within a principal or accessory use including but not limited to street boulevards not devoted to drives, sidewalks, patios and the like shall be landscaped. 2. Landscaped yards shall be provided along all streets, both public and private. Landscaped yards shall not be used for parking of vehicles or equipment or for storage or display of household items, materials, supplies or merchandise advertised for sale. Landscaped yards shall be at least twenty (20') feet in depth along all streets measured from the right-of-way. Except for driveways, the yard shall extend along the entire frontage of the lot and, in the case of a corner lot, along both streets. 3. All property owners and their (sub-) contractors shall employ and maintain sediment and erosion control in accordance with Section 22 of this ordinance until landscaping is complete. 4. All landscaping shall be completed within one (1) growing season after completion of any development, grading and filling, construction, or other activity which shall result in exposed ground on the property. 7. Maintenance. 1. In all Districts, all structures, landscaping and fences shall be maintained so as not be unsightly or present harmful health and safety or nuisance conditions to the adjoining areas. 8. Lighting and Glare. 1. In all Districts, any lighting shall be arranged as to deflect light from all adjoining property, and from the public streets and highways. Direct or sky-reflected glare, whether from lighting or from high temperature processes such as welding, shall not be directed into any adjoining property. 2. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. 3. Outdoor Lighting. All outdoor lighting shall be so designed and installed so that light will not be directed onto adjoining property or public streets and highways. Lighting units shall be properly shielded to give no upward component of light to create a sky-glow. 1. Outdoor lighting fixtures shall be mounted at the lowest possible level above ground, but in no case shall any pole or structure for mounting such fixtures exceed the maximum principal structure height restrictions. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 99 2. Prior to installing or remodeling any outdoor lighting, a site plan showing type, location and configuration details and proposed area of direct illumination must be submitted to the Zoning Administrator for his approval. 3. After completion of any outdoor lighting system the property owner may be required to submit an affidavit, by a registered lighting engineer, that the completed project does not exceed the requirements of this section. 4. Lighting used to illuminate sales lots. Lighting used to illuminate sales lots for new or used cars shall be arranged and designed so as to comply with the following limitations: 1. Maximum maintained lighting level at any point within the boundaries of the lot, measured 36 inches above grade, shall not exceed one-hundred twenty (120) foot candles. 2. Maximum maintained vertical illumination, measured thirty (30') feet out from the property line with the meter directed toward the lot, shall be five (5) foot candles. 3. The maximum point brightness, measured with a brightness meter from a point thirty (30') feet out from the property line, shall be no greater than six-hundred (600) foot Lamberts. 5. Lighting for outdoor storage areas. Lighting for outdoor storage areas shall comply with the following limitations: 1. Maximum maintained lighting level at any point within the area, measured thirty -six (36") inches above grade, shall not exceed fifteen (15) foot-candles. 2. Maximum maintained vertical illumination, measured five (5') feet out from the property line with the meter directed toward the area in question, shall be two (2) foot-candles. 3. Maximum point brightness, measured with a brightness meter from a point five (5') feet out from the property line, shall be no greater than three-hundred (300) foot Lamberts. 6. Lighting for off street parking. Lighting for off street parking lots shall comply with the following limitations: 1. Maximum maintained lighting level at any point within the boundaries of the parking area, measured thirty six (36") inches above grade, shall not exceed two (2) foot-candles. 2. Limitations on the hours of lighting operation may be imposed by the City Council. 9. Vibrations. 1. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction. 10. Off-Street Loading. 1. In connection with any structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space on the basis of adequate space for loading and unloading all vehicles used incidental to the operation of the use. 1. No loading berth of vehicles over two-tons capacity shall be closer than one-hundred (100') feet to any residence district unless completely enclosed by building walls not less than eight (8') feet in height. 2. Where noise from loading or unloading activity is audile in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m. 11. Traffic Control. 1. The traffic generated by any use shall be channeled and controlled in a manner that will avoid: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 100 1. Congestion on the public streets; and, 2. Traffic hazards; and 3. Additional truck traffic through residential areas. 2. Internal traffic shall be so regulated as to insure its safe and orderly flow. 3. Traffic into and out of business and industrial areas shall avoid residential areas and in all cases be forward -moving with no backing into streets. 4. All entrances from private property onto city streets shall be subject to review and approval of the City Engineer and all entrances from private property onto county roads or state highways shall be subject to review and approval by Ramsey County Public Works or the Minnesota Department of Transportation. 12. (Deleted). 13. Architecture. 1. It is hereby affirmed as public policy that the appearance of this community is a proper matter for public concern and that all developed open spaces, and all buildings, signs, plantings, surfaces and structures which may be seen from the public ways are subject to the provisions of this Ordinance. 2. In all Districts, all principal buildings other than one-family dwellings must be designed or approved by a registered architect and certified in accordance with the appropriate Minnesota State statutes. 3. In all Business Districts, a building permit shall not be issued unless the proposed use is designed, sited, oriented and landscape-planned to produce a harmonious relationship of building and grounds with adjacent buildings and grounds and with the environment of the neighborhood. 4. In all Residential Districts, a building permit shall not be issued if the proposed building is so similar or dissimilar to the other homes in the area as to result in depreciation of property values in the neighborhood. 14. Explosives. 1. No activities involving the storage, utilization or manufacture of materials or products, such as TNT or dynamite, which could decompose by detonation shall be permitted except such as are licensed by the Council. 15. Radiation and Electrical Emissions. 1. No activities shall be permitted that emit dangerous radio-activity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. 16. Aircraft. 1. Landing Area. Aircraft landing areas are hereby prohibited within the City of Gem Lake. 2. Operation. The landing and the taking off of aircraft within the City of Gem Lake is prohibited except for emergencies or by duly authorized law enforcement, military or medical transport aircraft. 17. Other Nuisance Characteristics. 1. No noise, odors, vibration, smoke, air pollution, dangerous wastes, heat, glare, dust, or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. 2. All wastes shall be properly contained, fenced or screened and disposed of in a manner that is not dangerous to public health and safety. 18. Consistency with Plans and Policies. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 101 1. The proposed use shall preserve the intent and purpose of this Ordinance and shall be consistent with the goals, plans and policies of the City’s Comprehensive Plan. 19. Clustering and Density Transfer. 1. This clustering and density transfer system is to provide a means by which parcels of land in the City of Gem Lake, having unusual building characteristics due to subsoil conditions, elevation of the water table, water area, and/or relative location or shape of the parcel may be more efficiently utilized. Density zoning also provides a means to preserve and protect natural resource areas such as wetlands, woodlands, steep slopes, as well as good agricultural land and scenic views. Basically, this approach allows a developer to cluster housing or business units in buildable areas in return for leaving the natural resource areas or agricultural land open from development. 2. The City Council, in determining the reasonableness of the proposed clustering, shall consider the following factors: 1. Location, amount and proposed use of open space; 2. Location, design and type of dwellings or business provided; 3. Physical characteristics of the site; 4. Relationship of the proposed dwelling or business units to nearby uses. 3. The owner or owners of any tract of land in the City of Gem Lake may submit to the Planning Commission, for review and recommendation to the City Council, a plan for use and development of such a tract of land as a cluster area by making an application for a Conditional Use Permit authorizing completion of the project according to an approved plan. The plan for the proposed project shall conform to the requirements of the Use District within which the land is located except as hereinafter modified: 1. The tract of land for which a project is proposed and a Conditional Use Permit requested shall not be less than five (5) acres in size; and 2. The applicant shall state precisely what, in this opinion, are the unusual characteristics of this site for purposes of justifying the granting of a Conditional Use Permit for this project; and 3. The plan shall be submitted in the form of a preliminary plan and be in complete conformance with what would be submitted as described in the City of Gem Lake Subdivision Ordinance for a preliminary plan, and, 4. The number of dwelling or business units proposed for the entire subdivided area shall not exceed the total number permitted for the Use District within which the land is located, unless a bonus is given for unique uses of the area; and, 5. The average lot density in the plan shall not be greater than the maximum for the area and the lot area of any one (1) lot shall not be reduced more than one-half (½) by assigning additional dwelling or business units; and, 6. That land which is set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. This land shall be dedicated as a “conservation easement” naming both the City and the Minnesota Land Trust or similar as holders of that title for that land. Provisions for the continual maintenance of that “easement” area so dedicated and accepted by the City shall be required from the property owner(s). 4. When calculating the number of dwelling or business units per acre the size of site shall be determined by the total land area within the perimeter of the privately owned property. This will include any area of newly proposed public or private roads of road rights-of-way. 5. A density bonus of up to ten (10%) percent of the maximum allowable dwellings on a defined parcel may be allowed by the City Council Section 20. Park Land Dedications Requirements. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 102 1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination) shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre-development land value. 2. Subdivision of land which has been previously platted and officially recorded, and which contains less than one (1) acre shall be exempt from dedication requirements. 3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution. 4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the Zoning Ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: 1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces, and 2. That the public ownership and maintenance of the open space is adequately provided for by written agreements, and 3. That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and 4. That the proposed private open space is reasonably adaptable for use for park and recreations purposes, taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access and location of private open space lands, and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council, and 6. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds which benefit the residents of the City. 8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 103 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 104 SECTION 19. SIGNS 1. Purpose and Intent. 1. The purpose of Gem Lake sign regulation is to promote the creation of an attractive visual environment in the City. The regulations are intended to promote a healthy economy by allowing businesses and individuals to effectively inform, identify, direct and communicate with the public using rights of way in Gem Lake. This aim is balanced with an equal intent to foster public safety and maintain an attractive built environment in the City by encouraging the appropriate design, scale and placement of signs in the City. The regulations are intended to encourage the orderly placement of signs, to assure that the information displayed on any sign is clearly visible fo r its intended purpose, and to allow the fair and consistent enforcement of the sign regulations by the City of Gem Lake. 2. Findings. 1. The City Council concludes that it is necessary to regulate signs in the City in order to promote and preserve public health, safety and welfare. That conclusion is based upon the following findings: 1. Signs provide an important medium through which individuals and businesses may convey a variety of messages. 2. Signs can create hazards to motorists and pedestrians, particularly when inappropriately designed or placed signs interfere with necessary sight distances, divert the attention of drivers and pedestrians, or obscure directional guidance or traffic control devices. 3. A positive sense of place and community image is important to the health and welfare of individuals and businesses in Gem Lake. Community image and aesthetic is also a key component of property values in the City. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the community. 4. Uncontrolled and unlimited signs result in roadside clutter and obstruction of views for motorists and pedestrians, and diminish the ability of any sign to effectively convey its intended message. 5. Properly regulated signage can create an atmosphere of prosperity, stimulate positive commercial activity and consequently lead to increased employment, higher property values and a healthier tax base. 6. Citizens have different expectations for the aesthetic environment of a residential area compared with that of a commercial area. Signs should be smaller in scale and their use generally more restricted in residential areas than in commercial areas where the public expects to see a variety of signs. 3. Permit Required. 1. No sign shall be erected, altered, reconstructed, maintained or moved in the City without first secu ring a permit from the City. The speech content of the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to properly evaluate the signa ge area, design and placement. A proposed sign with a structure requiring a building permit or electrical permit must obtain those permits in addition to a sign permit. 1. Exemptions. The following signs shall not require a permit, but remain subject to the standards of these regulations concerning erection, maintenance and removal, and the standards of any other applicable law or ordinance. 1. A sign, of less than four (4) square feet in display area, indicating the address of a building. 2. A sign on a residential property, of less than four (4) square feet in display area, stating the name of the owner or occupant in addition to the address of the property. 3. Traffic control signs, related directional aids, and traffic control devices installed by a unit of government having authority over the adjacent right -of-way, or at the direction of such a government. 4. Signs not visible from a public or private right-of-way. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 105 5. Newspaper boxes. 6. Flags, up to a combined total of 35 square feet, with no one flag larger than 15 square feet in size. 7. Official notices posted on a property at the direction of a court, public body, or public safety official. 8. A sandwich board, menu board, A-frame, T-frame or similar sign which does not exceed six (6) square feet in size, is not illuminated, is located within 15 feet of the primary building entrance of the owner or tenant placing the sign, and is only displayed during hours of business operation. No more than two signs may be placed by any single owner or tenant at any given time. Signs of this type must be placed in a location where they will not impede foot traffic 9. A temporary sign or signs, up to a total of ten (10) square feet of display space, erected by the owner or rental tenant of the property on which the sign is placed. 10. A temporary sign directing people to an event or occurrence located on the property of the person erecting the sign. Such signs are limited to six (6) feet or less of display space and must be installed so that they are less than four (4) feet in height. If placed on property not owned or rented by the person erecting the sign, the property owner must give express permission t o erect a sign on the property. A maximum of five (5) such signs may be placed in the City for any given event or occurrence. Such signs may be erected up to two (2) days prior to the event or occurrence, and shall be removed within two (2) days following the event or occurrence. In no event shall such a sign remain in place for more than seven (7) days. 11. A change in the message content (words, logos, or similar graphics) of an existing permanent sign, without change in any other characteristics of the sign. 2. Operation of Minnesota Election Law on Regulations. For the period beginning August 1 in a State general election year and ending ten (10) days following the general election, or thirteen (13) weeks preceding a special election until ten (10) days following the special election, these regulations shall have no effect upon the size or number of non-commercial signs within the City. Signs placed during this period shall be removed by the person responsible for erecting them within the 10 days following the election. Signs may be placed upon private property with permission of the property owner, but may not be placed within the public right-of-way or within a sight triangle. The City retains the right to remove and destroy any such signs so placed. 3. Permit Application. Application for a sign permit shall be made upon the City’s application form, and shall contain the following information: 1. Name, signature, address and phone number of the property owner. 2. Name, signature, address and phone number of the applicant, if different from the property owner. 3. The address or property identification number of the property where the sign is proposed to be erected. 4. An inventory of existing signs on the site and combined display area. 5. A complete set of plans showing elevations, distances, setbacks from lot lines, location of buildings and other signs, size of the proposed sign and structure, and other details to fully and clearly represent the construction and placement of the sign. 6. Plans and specifications relating to the method of construction, attachment to buildings, and/or placement upon the ground. 7. A to-scale drawing or illustration showing proposed height, width, shape, layout, colors, lighting and other relevant details of the sign, from all perspectives in which the sign is intended to be viewed. Applicants shall submit one application and supporting materials for each sign, unless submitting a Comprehensive Sign Plan as described in Section 19.3.7. 4. Fees. Sign permit fees and any impoundment fee shall be set by the City Council by ordinance, as amended from time to time. The required fee shall accompany any sign permit application Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 106 5. Review. The Zoning Administrator shall review applications for compliance with these regulations. A decision to approve or deny should be made within 30 days of receiving a complete application. Applicants shall be informed of the decision in writing. Decisions to deny a permit shall be accompanied by a statement of reasons for the denial. 6. Variance and Appeal. An appeal from a sign permit denial shall be taken in the manner of zoning appeals, using the procedure stated in Section 17.7 of this Ordinance. Requests for variance from these sign regulations shall be made and considered in the manner of requests for zoning variance, using the procedure stated in Section 17.4 of this Ordinance. 7. Comprehensive Sign Plan. An applicant seeking approval for signs in connection with new building construction, remodeling, or re-development may submit a comprehensive sign plan with the other required submittals in lieu of making individual applications for sign permits. All information required in this Ordinance is required to be represented in the supporting documentation supporting the comprehensive sign request. In acting upon the comprehensive sign plan, the Planning Commission and City Council may permit consideration of unique conditions, flexibility and creativity in the design and placement of signs, to the extent such leeway promotes the purposes and goals of any design standards in the underlying zoning district. If a comprehensive sign plan is approved, the Zoning Administrator may issue sign permits for individual signs in the plan without further review, upon payment of the applicable sign permit fee. 4. Inspections and Enforcement. All signs shall be subject to inspection by the Zoning Administrator, or other official designated by the Zoning Administrator. The Administrator or designee must be allowed entry upon the property on which the sign is located to ascertain compliance with the terms of these regulations and the technical specifications provided with the permit application. Such entrance shall be made during business hours unless an emergency exists. 1. Signs in Disrepair. The Zoning Administrator or designee may order the removal of any sign that is not maintained in accordance with the requirements of these regulations. Upon failure to comply with such order within the time specified, the City Council may declare the sign a public nuisance and direct that the nuisance be abated under the procedures set forth in Gem Lake Ordinance No. 86. 2. Impoundment of Signs on Public Property. The City may at any time, and without notice, remove and impound signs which have been erected on public property or within a public right -of-way or easement. The sign’s owner may retrieve the sign from the City upon payment of a $50 impoundment fee. If the same owner has a subsequent sign impounded within the same calendar year, the impoundment fee is doubled. The City shall not be held liable for any damage to an impounded sign. If a sign is not retrieved within th irty (30) days, the City may dispose of it. 3. Sign Without a Permit or in Violation of Regulations. The Zoning Administrator or designee may order the correction or removal of any sign which has been erected without a permit, or has been erected or altered such that the sign is in violation of these regulations. 1. The person responsible for the sign may apply for a sign permit “after the fact,” paying double the applicable sign permit fee, if the only violation is lack of a permit. 2. If an order is not remedied or complied with in the time specified, the City Council may declare the sign a public nuisance and direct that the nuisance be abated under the procedures set forth in Gem Lake Ordinance No. 86. 3. In addition to the above, the City Council may give written notice to the person responsible for the sign that the Council will consider civil penalties for the violation. The written notice shall contain a summary of all facts the Council intends to consider, and state the date and time at which the Council will consider a penalty. If the person receiving the notice appears at that date and time, the Council must give the person reasonable time to present matters in defense or mitigation of the alleged offense. If, in the Council’s discretion, the alleged violation is supported by the evidence presented to it, it may order the payment of a civil penalty using the following as guidelines: 1st offense: $100.00 2nd offense: $600.00 3rd offense: $1,500.00 A person with outstanding unpaid civil penalties shall not be eligible to receive permits or licenses, of any kind, from the City of Gem Lake until the penalty is paid. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 107 5. Applicable Standards. 1. Measurement Standards. 1. Sign Area and Dimensions. 1. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. 2. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape or a combination of regular geometric shapes which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different areas. Minor appendages to a particular regular shape, as determined by the Zoning Administrator, shall not be included in the total area of a sign. Figures (for illustration): To be inserted later. 3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include a pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or part of a display device. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complimenting the landscaping in general. 4. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. When the sign has more than two display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single direction. 2. Sign Height. 1. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb. 2. Clearances for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. 3. Frontages and Frontage Lengths. 1. The length of any primary or secondary building frontage shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the Zoning Administrator to be clearly unrelated to the frontage presence of the building. 2. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each such building frontage. 3. The building frontage for a section of any building (e.g. retail tenant spaces) shall be measured from the centerline of the party walls defining the building section. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 108 2. Development Standards. 1. Wall Signs. Wall signs are permitted on buildings located in the Neighborhood General, Neighborhood Mixed-Use, and Neighborhood Center subzones of the Gateway District. Wall signs, other than those exempted from regulations as stated above, are not permitted in Residential zoning districts and the Neighborhood Edge subzone of the Gateway District. 1. The basic allowance for wall signs shall be limited to 2 square feet of sign area for each lineal foot of building or tenant frontage. 2. Each owner or tenant may have multiple wall signs as long as the total wall sign area does not exceed the allowances established for wall signs. If multiple signs are used on a building façade, the display method (i.e. individual letters, box and panel, etc.) shal l be the same for the entire facade. 3. Wall signs shall not be greater than eighty (80%) of the length of the tenant space or the length of the building frontage. 4. Each building frontage or frontage section may be evaluated separately or in combination, but primary and secondary frontages will not be combined for purposes of determining allowable sign size. 5. In addition to wall signs otherwise permitted by these regulations, an additional sign may be permitted up to a maximum of 40% of the wall sign area allowed for the building for the purposes of identifying owners or tenants that occupy upper floors or do n ot have outside building frontage. 6. An arcade or gallery may have sign space on it relating to the activities of owners or tenants whose entrances are under the arcade or gallery. If the sign on the arcade or gallery is illuminated, 100% of the sign space is deducted from the total available area for wall signs. If the sign space on the arcade or gallery is not illuminated, 50% is deducted from the area available for wall signs. 7. Projecting signs are permitted in addition to any allowances for wall signs when the projecting signs are designed and placed for the purpose of identifying the owner or tenant for a pedestrian walking along the same side of the street as the sign, or under a continuous arcade or gallery. Projecting signs shall have a maximum area of eight (8) square feet. The bottom of the sign shall be a minimum of eight (8) feet above the sidewalk. The sign may project a maximum of six (6) feet from the wall of the building, or be centered under any arcade, awning or canopy. Projecting signs shall not be closer than fifteen (15) feet from any other projecting sign. 8. Wall signs shall not be installed on a roof surface or otherwise project above the top of a building facade. 2. Freestanding Signs. Freestanding signs are permitted in all zoning districts. Such signs may only be erected by an owner or a tenant of a building located on the property for which the sign is proposed. 1. Residential Zones and Neighborhood Edge subzone. Freestanding signs in residential zoning areas may be erected up to a cumulative maximum of ten (10) square feet in display area, and up to six (6) feet in height. 2. All Other Zones. Freestanding signs in the remaining zoning areas of the City may be erected up to fifty (50) square feet per owner or tenant entrance to a building. Permitted sign area may be aggregated into fewer and larger signs at the election of the property owner, provided that the size of any single sign does not exceed one hundred and fifty (150) square feet. Freestanding signs shall not exceed thirty-five (35) feet in height, and signs over fifteen (15) feet in height shall be no closer than seventy-five feet to any other sign. Instructional or directional signs of up to six (6) square feet in area may be erected to satisfy a clear instructional or directional purpose without counting against the total freestanding sign area allowed for the property. 3. Freestanding signs shall be setback a minimum of five feet from the right-of-way line. 4. No portion of a sign shall be in, or project over, a public right -of-way. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 109 5. Signs may be integrated into the design of a permanent canopy, if one is otherwise allowed on the property, with the sign area on any side of the canopy not exceeding one (1) square foot per lineal foot of the side. 3. Window Signs. Permanent window signs are permitted in the Neighborhood General, Neighborhood Mixed-Use and Neighborhood Center subzones of the Gateway District. Temporary window signs are permitted in all districts. Permanent window signs shall not exceed twenty-five percent (25%) of the area of the window on which it is installed; the total of all permanent and temporary window signs may not exceed fifty percent (50%) of the total window area of any building frontage. 4. Illumination; Electronic Message Center and Changeable Copy Signs. Illuminated signs (internal or external) and signs with changeable copy are not permitted in Residential zoning areas and the Neighborhood Edge subzone of the Gateway District. In districts where illuminated signs or electronic signs are permitted, the use of lighting, electronic message center, or dynamic display as an element o f a sign is a conditional use. Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance. 1. Illumination. Internally illuminated signs are permitted in the Neighborhood Mixed -Use and Neighborhood Center subzones only. Externally lit signs shall use lighting that is directed downward and away from adjacent properties and rights-of-way. Lights used for external illumination shall be shielded or screened from any roadway, and shall not be visible from the roadway or sidewalk. 2. Changeable Copy. Changeable copy by non-electronic means may be utilized on any permitted sign in areas where allowed. The changeable copy area shall not exceed forty percent (40%) of the total permitted area for any sign. 3. Electronic Message Center (EMC) or Dynamic Display signs. EMC or dynamic display signs are permitted if erected within fifty (50) feet of the right-of-way for Highway 61 or County Road E within the City of Gem Lake. Only one (1) such sign is permitted per property, regardless of the number of tenants. Motion is permitted for up to eight (8) seconds for any single set of changeable copy, but the changeable copy may not change or be repeated by flashing more than once every sixteen (16) seconds. EMCs and dynamic displays must have an automatic dimming capability that adjusts the brightness to the ambient light at all times of day or night. 4. Any changeable copy area (manual, EMC or dynamic display) may not exceed 40% of the total freestanding sign area permitted to the owner or tenant. 5. Features Prohibited on Signs. No sign permitted by these regulations, with or without a permit, shall have: moving, rotating or revolving parts; flashing, rotating or oscillating lights (except for EMCs and dynamic displays where permitted); neon lights; beacons or searchlights; attached materials such as pennants or streamers; exposed raceways, ballast boxes or transformers; or other clearly similar features. 6. Signs Prohibited if Not Expressly Permitted. Any type of sign or method of sign construction or display that these regulations do not expressly permit, or expressly exempt, is hereby prohibited within the City of Gem Lake. 3. Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with the Minnesota State Building Code and Electrical Code and all of the following: 1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic. 2. All permanent freestanding signs over four feet in height shall have self-supporting structures erected on or permanently attached to concrete foundations. A freestanding sign shall not use guy wires for support. 3. Freestanding signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot. 4. Signs should not obscure windows or other architectural features of the building with which they are associated. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 110 5. Signs shall not be placed in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs. Signs will not be placed in the sight triangles of intersections. 6. No sign shall be erected or maintained so as to obstruct and fire escape, required exit, egress window or door opening. 7. Signs shall be structurally designed in compliance with ANSI and ASCI standards. All signs using electricity shall be constructed according to the technical standards of a certified testing laboratory. 8. Signs using electricity must directly connect to wiring that is integrated into the building structure or buried underground; no cables or extension cords should run over the ground or up the side of a structure to power a sign. 4. Maintenance Standards. All signs shall be maintained in accordance with the following: 1. The property owner or tenant shall maintain the sign in a condition appropriate to the intended use. 2. Signs shall advertise or identify a legal business or other activity currently taking place, or which will take place in the near future, within the City of Gem Lake. Obsolete signs shall be removed by the property owner within a reasonable time, no longer than two months, after the sign becomes obsolete. A property owner or tenant may apply to the City Council for exemption if the sign removal will be unduly difficult to achieve (example: the sign is part of the building structure). 3. Signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for the upkeep of the sign. There shall be no accumulation of rubbish or debris, or uncontrolled vegetation, under or near any sign. 6. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 7. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part hereof, ot her than the part held to be invalid. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 111 SECTION 20. OFF STREET PARKING AREAS 1. Purpose. The purpose of this section of the Zoning Ordinance is alleviate or prevent congestion of the public right -of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off street parking in accordance with the utilization of various parcels of land and/or structures. 2. Site Plans. When applying for a building permit in all Districts for a new structure, the enlarging of a structure or new enlarged use of a parcel of land, the application shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking spaces in compliance with the following requirements. 3. General Provisions. 1. Existing off-street parking spaces and loading spaces upon the effective date of this Ordinance shall not be reduced in number unless said number exceeds the requirement set forth herein for a similar new use. 2. Should a building, structure or use in existence upon the effective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-established except that in doing so any off -street parking or loading which existed must be retain and should plans be effected for enlarging the floor area, seating capacity or other facilities which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly. 3. Floor Area. The term “Floor Area” shall mean the sum of all floor areas in a building as calculated from the outside dimensions of the building. It shall not include areas used primarily for non-public purposes such as storage, incidental repair, office building mana gement or maintenance, toilets, or rest rooms, utilities, or dressing, fitting or alteration rooms. 4. Parking Spaces. Each parking space shall be not less than nine (9') feet wide and twenty (20') feet in length exclusive of an adequately designed system of access drives. 5. Use of Parking Facilities. Off street parking facilities accessory to residential use shall be utilized solely for the parking or passenger automobiles and/or one truck not to exceed one and one -half (1 ½) ton capacity for each dwelling unit except by Conditional or Interim Use Permit. Required parking facilities accessory to residential structures shall not be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishm ents except by Conditional or Interim Use Permit. Required parking facilities accessory to residential structures shall not be used for the storage or repair of commercial vehicles. 6. Required off-street parking space in the Residential Districts shall be on the same lot as the principal building. 7. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any “district” in which separate parking facilities for each separate building, structure or use would be required, provided that number of spaces provided shall equal to sum of the separate requirements of each use. 8. Use of Parking Area. Required off-street parking space in any District shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent. 4. Design and Maintenance of Off-Street Parking Areas. 1. Parking Areas. Shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed twenty-two (22') feet in width and shall be so located as to cause the least interference with traffic movement. 2. Calculating Space. When calculating the number of off-street parking spaces results in a fraction, each fraction of one-half (½) or more shall constitute another space. One parking space shall equal three-hundred (300 sq. ft.) square feet or parking and moving area. 3. Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement. 4. Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with a material to control dust and drainage. Parking area for less than three (3) vehicle spaces shall be exempt. Plans for surfacing and drainage shall be subject to approval of the City Council. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 112 5. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from the adjoining property, and shall comply with Section 18.8. 6. Curbing and Landscaping. All open off-street parking areas designed to have head -in parking along the property line shall provide a bumper curb not less than three (3') feet from the side property line or guard of normal bumper height no less than one (1') foot from the side property line. When said area is for six (6) spaces or more, a curb or fence not over six (6') feet in height shall be erected along the front yard set -back line with grass or planting occupying the space between the sidewalk and curb or fence. 7. Fencing and screening for Off-Street Parking. When a required off-street parking space is placed directly adjacent to a residence or residential district, a six (6) foot high fence shall be erected along the residential property line. Screen planting may also be required. 8. Maintenance of Off-Street Parking Spaces. It shall be the joint and several responsibility of the operator and owner of the principle use, uses and/or building to maintain in a neat and adequate manner the parking space, access ways, landscaping and required fences. 5. Required Off-Street Parking. Shall be as follows: 1. Single Family Dwellings. At least one (1) parking space for each dwelling unit, plus one (1) additional parking space for each two (2) roomers accommodated. A garage will fulfill this requirement. However a building permit shall not be granted to convert a garage to living space unless other acceptable provisions are made to provide the required parking space. 2. Two-Family Dwelling. At least one (1) parking space per dwelling unit, but not more than two (2) per unit. 3. Boarding and Rooming Houses. At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. 4. Multiple Dwelling. At least one (1) parking space per dwelling unit plus one (1) additional space for each four (4) two-bedroom units and one (1) additional space for each two (2) three bedroom units. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 113 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS 1. General Provisions. 1. Shoreland District. The land use regulations in this Section shall apply to any land in the City of Gem Lake located within a floodplain, within 1,000 feet of the ordinary high water mark of a public water or public waters wetland, including but not limited to the body of water known as Gem Lake and its attendant wetlands, or within 300 feet of a stream or river. The regulations of this Section shall apply in addition to the provisions of the zoning district applicable to the property, the Flood Hazard ordinance of the city (No. 114), and other ordinances of the City. 2. Wetland Conservation Act. The City of Gem Lake has delegated its authority under the Minnesota Wetland Conservation Act of 1991 and attendant rules to the Vadnais Lake Area Watershed Management Association (VLAWMO). All requests for permits, review or approval required by the Wetland Conservation Act must be submitted to VLAWMO as the acting Local Government Unit. 3. Applied in Concert with Other Laws. These regulations and requirements shall be in addition to those imposed by Federal and State law, regional and local water management regulations, and city ordinances, all of which shall jointly apply. Under joint application, the most restrictive requirements shall apply. 2. Shoreland Use Controls. 1. Policy. Intact, vegetated and stable shorelines and streambanks provide valuable functions to Gem Lake and other water resources in the City including prevention of erosion, reinforcement of soils through root structure, trapping of nutrients and sediments, and provision of fish and wildlife habitat. Gem Lake is a Natural Environment lake under the criteria established by the Department of Natural Resources. 2. Minimum Lot Size and Setback Requirements. All lots created and structures erected in a shoreland district following the enactment of this Section must meet the criteria established in the underlying zoning district. No variance shall be granted, or other approval given, which allows the creation o f a lot in a shoreland district that is less than 80,000 square feet in area (measured above the ordinary high water mark of the water body), or less than 200 feet in width. No structure, other than water -oriented accessory structures managed by this Section, shall be placed within 150 feet of the ordinary high water mark of the water body. The maximum lot coverage by buildings and impervious surfaces is 25%. 3. Accessory Structures and Facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet. 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. 4. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four feet in width. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 114 2. Landings for stairways and lifts must not exceed 32 square feet in area. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical. 6. Facilities such as ramps, lifts, or mobility paths for persons with physical disabilities are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of 1 to 5 are complied with. 5. Decks. Except as provided in section 21.2.3, decks must meet the structure setback standards. Decks to be added to structures existing on the date the shoreland structure setbacks were established by ordinance may be allowed without a variance, if all of the following criteria and standards are met: 1. Thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 2. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 3. The deck is constructed primarily of wood, and is not roofed or screened. 6. Driveways and parking areas. Driveways and parking areas must meet all applicable structure setbacks, and must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from the water body. Access ramps and approach roads are not allowed in the structure setback area surrounding Gem Lake. 7. Shoreline alteration. Alterations of vegetation and topography in a shoreland district is controlled to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect wildlife habitat. 1. Removal or alteration of vegetation is limited to the amount necessary to construct an approved structure, and to maintain the health of the vegetation, provided that no such removal or alteration shall substantially reduce the screening of structures, vehicles and other facilities as viewed from the water. This provision shall not restrict the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards, or the removal of buckthorn and similar invasive species identified by the Minne sota Department of Natural Resources. 2. Any application for new construction in a shoreland district must include a Tree and Vegetation Preservation Plan which, in addition to the requirements of Section 27, includes an inventory of all vegetation affected by the construction and a plan for preservation, relocation, or replacement of the vegetation. 3. Use of fertilizer and pesticides in a shoreland district must be done in such a way as to minimize runoff into the water body. 4. No grading, filling, or other topographical alteration shall be allowed within 50 feet of the ordinary high water mark of the water body, with the exception that the Zoning Administrator may approve the installation of clean beach-type sand in this area, in accordance with DNR regulations, after review of an installation plan. 5. Any grading or filling anywhere else in a shoreland area involving movement of more than 50 cubic yards of material requires a grading and filling permit. If the grading or filling is to take place in a wetland, VLAWMO review and approval must be obtained before the City can issue a permit. In addition to any other requirements, grading and filling activity in shoreland areas must also meet the following criteria: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 115 1. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. 2. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. 4. Altered areas must be stabilized to acceptable erosion control standards. The use of bioengineering is encouraged as an alternative to engineered stabilization techniques. Retaining walls are to be used only when there is no adequate stabilization alternative. 5. Fill or excavated material must not be placed in a manner that creates an unstable slope. 6. Any alterations below the ordinary high water level of the water body must be approved by the Department of Natural Resources. 8. Nonconforming uses. In addition to the regulations of this ordinance applicable to nonconforming uses generally, in a Shoreland district the following shall apply: 1. An extension, enlargement or alteration of an existing lawful non -conforming structure or facility may be permitted on the side of the structure or facility facing away from the water body. 2. An improvement to an existing lawful non-conforming structure or facility may be allowed to extend parallel to the shoreline when the improvement is otherwise in compliance with the dimensional and setback requirements of this Ordinance. 3. Exterior decks attached to an existing lawful non-conforming structure which do not extend any roof or foundation may be permitted to extend parallel to the shoreline and shall be constructed to be visually inconspicuous when viewed from the water (under summer leaf-on conditions). 4. Reconstruction of an existing historic structure, any appurtenances thereto, and the grounds shall be allowed to preserve its historic character if the structure or site is recognized as a historic site on the National Register of Historic Places. 3. Use of Gem Lake. 1. No Motorized Use. Gem Lake shall not be used by any motorized craft or traffic including, but not limited to, motorized boats, snowmobiles, all-terrain vehicles (ATVs) excluding equipment used for cleaning, plowing snow or other occasional maintenance uses. 2. No Wet Storage of Boats. Boats shall not be moored in Gem Lake for more than forty eight (48) hours at any one time. Regular storage of boats shall be on the shore of and not in Gem Lake with same properly secured and stored out of view from neighboring properties and Gem Lake while not in use. 3. Docks. 1. Docks are seasonal and temporary in nature and, therefore, shall not be permanently affixed to the shore or lake bottom of Gem Lake. 2. Docks shall not be greater than four (4'0") feet in width, two (2'0") feet in height above the water and twenty (20'0") feet in length from the lake shore. 3. Docks shall not be covered with any roof structure, awnings or any other type of enclosure. 4. Only one (1) dock shall be allowed for each parcel of real property adjoining the waterline. 4. Swimming Rafts. 1. Swimming rafts are seasonal and temporary in nature and therefore shall not be permanently affixed to the lake bottom. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 116 2. Swimming rafts shall not exceed one hundred (100 sq . ft.) square feet in total area and shall not be more than two (2'0) feet higher than the water surface. 3. Swimming rafts shall not be located more than fifty (50') feet from the lakeshore. 4. Swimming rafts shall not be covered with a roof structure, awning or any other type of enclosure. 5. Only one (1) raft shall be allowed for each parcel of real property adjoining the waterline. 6. Swimming rafts shall not be moored in Gem Lake for more than forty eight (48) hours at any one time. Regular storage of swimming rafts shall be on the shore, properly secured and stored out of view from the water and from neighboring properties. 5. Water Appropriation. No person shall appropriate water from Gem Lake without first obtaining a permit from VLAWMO. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 117 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT 1. Erosion, Sediment, and Waste Controls. 1. Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of erosion and sediment control plans to control runoff and erosion, to retain or contr ol sediment on land during land construction activities, and to prevent the degradation of resources and the loss or damage of property due to erosion, sedimentation and waste. 2. Regulation. No person shall commence land disturbing activities, unless granted a variance, without first obtaining a permit from the City that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. The plan shall be in conformance with the erosion, sediment, and waste control standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended. 3. Criteria. Erosion and sediment control plans and the construction activity shall comply with the following criteria: 1. Erosion sediment, and waste control measures shall meet or exceed the standard established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended; except where more specific requirements are provided in paragraphs 3.2 and 3.3 of this Section below. 2. For certain construction activities, various other permits may also be required. The owner of construction activity is responsible for obtaining any other required permits from watershed districts and other State, Federal, or local governmental agencies having any authority over the work to be performed. 3. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 4. The permittee or applicant must ensure final stabilization of the site in accordance with the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) requirements. The site will be considered as having achieved final stabilization following submission of Notice of Termination by the permittee or applicant, and inspection and approval by the City. 4. Exception. No permit or erosion and sediment control plan shall be required under this Section for the following construction activities: 1. Minor land disturbing activities such as home gardens, repairs and maintenance work. 2. Construction, installation and maintenance of individual sewage treatment systems (ISTS) other than those on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone. 3. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. 4. Emergency activity necessary to protect life or prevent substantial harm to persons or property. 5. Minor wetland impacts that have received a “certificate of exemption or no loss” determination by the LGU (VLAWMO or RWMWD) administering the Minnesota Wetland Conservation Act of 1991, as amended. 6. All maintenance, repair, resurfacing and reconditioning activities of existing road, bridge, and highway systems which do not involve construction activities outside of the existing surfaced roadway. All construction activities not required by this Section to obtain a permit or have an approved erosion and sediment control plan shall nevertheless be conducted in full compliance with this Section. 5. Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted for review and approval and include the following: 1. Items consistent with the SWPPP content requirements within the CSW Permit. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 118 2. Project limits and property lines including the location of any existing and proposed utilities and easements. 3. A schedule indicating the time of the construction activities, implementation, maintenance, and removal of erosion and sediment control measures, and permanent site stabilization measures. 4. Inspection schedules and time frames. 5. Identification of property owner, operator, and individuals responsible for the implementation of the Erosion and Sediment Control Plan, including name, phone number and email address. 2. Stormwater Management. 1. Policy Statement. It is the policy of the City to: 1. Manage new development, redevelopment and drainage alternations by requiring each development or land disturbing activity to manage its stormwater effectively, either on or off -site. 2. Promote and encourage a reduction in runoff rates, encourage infiltration and promote groundwater recharge. 3. Maximize groundwater recharge as a means of maintaining drinking water supplies, preserving base flows in streams, and limiting discharges of stormwater to downstream receiving waters. 4. Assure that property owners control the rate and volume of stormwater runoff originating from their property so that surface water and groundwater quantity and quality is protected or improved, soil erosion is minimized, and flooding potential is reduced. 5. Protect and improve natural resources within the watershed to prevent further degradation. 2. Regulation. No person shall commence construction activities of 10,000 square feet or greater, unless granted a variance, without first obtaining a permit from the City that incorporates and approves a stormwater management plan for the activity, development or redevelopment. 1. Rate Control. The proposed activity will not increase the peak stormwater runoff rate from the site, under pre-development conditions, for the 2-, 10- and 100-year, critical duration (24-hour_ storm events, using Atlas 14 rainfall depths and antecedent moisture conditions 2 (AMC-2), for all discharge locations. The storm distribution shall be a NRCS MSE 3 MN distribution or the nested distribution for Atlas 14 based data. Discharge rates leaving the site should: 1. Be reduced from existing rates where feasible; 2. Not accelerate on or off-site water course erosion, downstream nuisance, flooding or damage as demonstrated by the applicant; and/or 3. Runoff rates may be restricted to less than the existing rates as deemed necessary by the City staff for the protection of public health, safety and general welfare. 2. Volume Control. Projects where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres must control volume onsite. The following volume control standards apply: 1. Non-linear projects shall treat 1.1-inch of runoff from the sum of the new and the fully reconstructed impervious surfaces. 2. Linear projects shall treat the larger of the following: 1. 0.55-inch of runoff from the sum of the new and the fully reconstructed impervious surfaces; or 2. 1.1-inch of runoff from the net increase in impervious surfaces. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 119 3. Water Quality. Stormwater management must comply with the requirements of the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) requirements and guidelines set forth in relevant total maximum daily load studies and other local, state, and/or federal regulations. No direct (untreated) discharges of stormwater to natural or improved waterbodies are allowed. 4. Waste Disposal to Waters. Stormwater management must not result in the discharge of any regulated substance, hazardous or biological waste, or petroleum product, whether treated or untreated, to best management practice devices that may have a deleterious effect upon water of the s tate (surface and groundwater), unless the discharge is in compliance with Federal, State and local regulations. 3. Criteria. Stormwater management plans shall comply with the following criteria: 1. All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP - SWMM or a comparable, City approved method. Hydraulic calculations will be accepted in the rational method format or in commonly used software packages such as FHWA HY-8, or XP-SWMM or a comparable, City approved method. These computations shall be submitted to the City as outlined in this section with additional detail provided upon request. 2. Water quality calculations will be accepted from commonly used software packages such as MIDS calculator, P8 (with a standard NURP 50th percentile particle size distribution), or a comparable, City approved method. 3. Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be the preferred methodology for the design of local systems. Culvert crossings or storm systems in County or State right-of-way may have a design frequency which differs from the City’s 10-year design storm. The designer shall contact each agency/unit of government to determine the appropriate design frequency for hydrologically-connected systems. 4. Energy dissipation shall be provided at culvert and storm sewer outfalls in accordance with the Minnesota Department of Transportation Drainage Manual. If stable vegetation is acceptable, temporary erosion control during and immediately following construction shall be used until vegetation becomes established. 5. High water elevations for landlocked areas (basins where no outlet exists) shall be established by first estimating the normal or initial water surface elevation at the beginning of a rainfall or runoff event using a documented water budget, evidence of mottled soil, and/or an established ordinary high-water level. The high-water level analysis shall be based on runoff volume resulting from a 100 -year/10-day runoff (7.2 inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting fro m a 100-year back- to-back event. The high-water elevation shall be the higher of these two conditions. 6. All permanent stormwater management facilities and new discharge points to all wetlands and surface waters shall include pretreatment. 7. Design of all Best Management Practices (BMPs) will be consistent with the Minnesota Stormwater Manual, 2005, and as amended and the MPCA CSW Permit. 8. Stormwater facilities must provide: 1. An identified overflow spillway and downstream route sufficiently stabilized to convey a 100 - year critical storm event; 2. Outlets designed to prevent short circuiting of the flow from the facility inputs to the outlet; 3. An outlet skimmer to prevent migration of floatables and oils for the 2-year event; and 4. Access for future maintenance that is free of plantings and impediments. 9. Regional ponds and practices can be used to provide for stormwater management based on the following criteria: 1. Regional ponds are required to be designed based on ultimate conditions for the contributing subwatershed; and Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 120 2. Regional ponds are required to be constructed and operational prior to constructing imperviousness within the contributing drainage area. 10. Wet sedimentation basins and practices shall include at least 1-foot of freeboard from the top of facility for the 100-year event. 11. Infiltration and filtration facilities shall: 1. Select the design infiltration based on the least permeable soil horizon within the first five (5) feet below the bottom elevation of the proposed facility. Site -specific infiltration measurements completed by a licensed professional (as described in the Minnesota Stormwater Manual, November 2005, and as amended) may be used in place of the values in the Minnesota Stormwater Manual, and as approved by the City; 2. Include a diversion or other method within the construction documents to keep construction site sediment from entering an infiltration and/or filtration system prior to final stabilization of the entire contributing drainage area; and 3. Include provisions within the construction documents that will prohibit construction equipment from compacting the soils where infiltration and/or filtration practices are proposed. 12. To the maximum extent practicable, volume control shall be fully met onsite (Section 22.2.2.2). Site conditions may make infiltration infeasible. The applicant must make soil corrections and/or investigate other locations on the site for feasible infiltration locations. Infiltration practices are not allowed in the following areas: 1. Areas that receive runoff from vehicle fueling and maintenance areas, regardless of the amount of reconstructed impervious surface; 2. Areas where there are high levels of contaminants in soil or groundwater; 3. Areas where soil infiltration rates are more than 8.3 inches per hour, unless soils are amended; 4. Areas with less than 3 feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; 5. Areas of predominately hydrologic soil group D (clay) soils; 6. Areas in an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as: 1. High or very high vulnerability as defined by the Minnesota Department of Health; or 2. Moderate vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; 7. Areas outside of an ERA within a DWSMA classified as high or very high vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to ground water; 8. Areas within 1,000 feet up-gradient or 100 feet down gradient of known active karst features; 9. Areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities; or 10. Areas within 50 feet of a septic tank or drain field. If the applicant claims that infiltration is not feasible or allowed onsite, the applicant must provide supporting documentation and follow Section 2, Subsection 4. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 121 4. Alternative Compliance Sequencing. For sites where infiltration practices are determined infeasible as described in Section 22.2.3.1, the following Alternative Compliance Sequencing steps shall be taken in the order shown: 1. Alterative stormwater compliance such as filtration or wet detention may be pursued. Supporting documentation must be provided to justify infeasibilities. Alternative compliance must be designed to treat the required volume as described in Section 22.2.2.2 and using criteria as listed in the most recent version of the MPCA’s CSW Permit and Minnesota Stormwater Manual. 2. For linear projects, where the entire volume cannot be treated within the existing right -of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge. 3. For non-linear projects, where the entire volume cannot be treated onsite, owners of the construction activity must identify locations where off-site treatment projects can be completed. Off-site treatment must be selected in the following order of preference: 1. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity; 2. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity; 3. Locations in the next adjacent DNR catchment area up-stream; or 4. Locations anywhere within the permittee’s jurisdiction. 4. Offsite treatment projects must: 1. Involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs already required by anoth er permit cannot be used to meet this requirement. 2. Be completed no later than 24 months after the start of the original construction activity. 5. Maintenance and Easement. 1. Stormwater management easements shall be provided by the applicant for (1) access for facility inspections and maintenance and (2) preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including the overflow route. 2. Land used by stormwater management facilities shall be preserved by dedication and/or perpetual easement to the City, when required by the City. These easements shall cover those portions of the property which are adjacent to the facility and which lie below the 100-year flood elevation. 3. A maintenance agreement shall be recorded with the County as part of the City development approval process. Minimum requirements for the maintenance agreement include: 1. A list of the responsible party(s) (City and facility owner/manager); 2. Contact information; 3. A formalized maintenance schedule, with scheduled activities; 4. A “Failure to Perform” provision laying out remedial actions if the responsible party does not perform as expected; 5. Maintenance debris handling plans; and Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 122 6. Emergency response (environmental, spill, safety). 4. Maintenance is required for all stormwater practices constructed in compliance with these Policies. The City will conduct periodic inspection of stormwater practices. 5. When land used by stormwater management facilities is public land or public right -of-way, easements under this section will not be required, and a written agreement between the City and applicant may be executed in lieu of the recorded maintenance agreement. 6. A maintenance agreement between the site owner and City must be completed, including a plan prepared by the site owner for maintenance of any stormwater management facilities that identifies the maintenance activities and frequency of activities for each permanent stormwater management system proposed, including but not limited to street sweeping, pond inspection, sediment removal and disposal, etc. 6. Stormwater Management Plan. A stormwater management plan shall be submitted for review and approval and include the following: 1. A complete and thorough project narrative, including: 1. The name, address, and contact information for the project. 2. A description of the project, including a summary of existing and proposed impervious areas. 3. A description and exhibit of on-site and contributing existing and proposed sub watersheds, with flow directions/patterns and discharge points. 4. Computations and data tables for stormwater runoff volume, water quality, and rate analyses for existing and proposed conditions. 5. All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Model summaries must be submitted. The summaries shall include a map that corresponds to the drainage areas in the model and all other information used to develop the model. If regional facilities are used for compliance, computations demonstrating the overall regional function of the facility shall be submitted, including maint enance agreement documentation. 6. Soil and geotechnical information, including soil types, groundwater investigation, soil conditions within five feet from the bottom of any proposed infiltration facilities, and infiltration capacity of soils, as applicable. 7. Other supplemental information as deemed necessary by City staff. 2. Construction plans or exhibits, showing: 1. Project limits and property lines including the location of any existing and proposed utilities and easements. 2. Location, alignment and elevation of proposed and existing stormwater facilities. 3. Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or disturbance of stream bank and shoreland vegetation should be avoided. 4. Existing and proposed 100-year high water level elevations on-site. 5. Existing and proposed site contour elevations related to NAVD 1988 datum, including directions or flow and all discharge points. 6. Specifications of all proposed stormwater management facilities. 7. Provision of easements for maintenance access to detention basins, constructed wetlands and other stormwater management facilities. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 123 8. Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. 9. Identification of receiving water bodies (lakes, streams, wetlands, etc.). 10. Location of all proposed stormwater treatment facilities. The normal water level and 100-year flood elevations shall be shown for all stormwater treatment devices. 3. Erosion and Sediment Control Plan consistent with Section 22.1 4. Maintenance plan and agreement, consistent with Section 22.2.5. 5. Any additional documentation necessary to demonstrate compliance. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 124 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS 1. Purpose and Intent. 1. The purpose of this section is to establish predictable standards for siting and installing of wireless telephone, radio broadcast, television broadcast and communications antenna towers or supporting structures within the City of Gem Lake. It is the intent of this section to accommodate the communications needed of the residents and businesses while protecting the public health, safety and general welfare of the community. 2. Specifically, the City Council finds the regulations set forth in this section necessary to: 1. Facilitate the provisions for wireless telecommunication services to the residents and businesses of the City. 2. Restrict the location of towers and antennas to designated areas of the City and impose design standards to minimize adverse visual effects of towers and antennas. 3. Require evidence of structural integrity and impose setback requirements to avoid potential damage to adjacent properties from tower or antenna failure. 4. Require applicants for towers and antenna to prove their need and to apply for permits for their construction. 5. Maximize the use of existing and approved towers and buildings to accommodate new antennas and reduce the number of towers needed to serve the community. 2. Zoning Districts for Construction. 1. The following Zoning district preferences shall be followed when selecting potential commercial broadcast/ telecommunications tower sites in the City of Gem Lake: 1. Gateway District “G” 2. The following Zoning districts shall not be used for commercial broadcast/telecommunications tower/antenna sites in the City of Gem Lake: 1. Any “RE,” “RX,” “RO,” or “RS” District 2. Any Overlay District 3. Performance Standards. 1. All stand-alone tower or antennas and/or supporting structures must be of an enclosed monopole design. No monopoles with exposed antennas and other appendages are allowed. 2. A proposal for a new tower shall not be approved unless the City Council finds that the Broadcast/ telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one (1) mile search radius of the proposed tower due to one of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accom modate planned or equivalent equipment at reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 125 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. 3. Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100') feet in height or for at leaser one additional user if the tower is over sixty (60') feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 4. Structural design, mounting, and installation of any tower or antenna shall be in compliance with the manufacturer’s specification and as may be necessary or as determined by the City Council. All such designs and installations shall be verified and approved by a qualified and licensed professional engineer employed by the applicant. 5. All towers and antennas and related structures shall be designed and built in compliance with all City of Gem Lake building codes and electrical code requirements, and as applicable shall require permits. Existing towers may continue in use but may not be structurally altered. 6. The height and style of the tower and antenna shall be the minimum necessary to function satisfactorily, as verified by a communications engineer or other appropriate professional. However, no towers erected for broadcast or Telecommunications service shall exceed 180 feet and no tower and accompanying antenna shall exceed two- hundred (200') feet. 7. All obsolete and unused towers and antennas shall be removed within six (6) months of cessation or operation at the site, unless an exemption is granted by the City Council. The City reserves the right to remove any unused tower or antenna at its expense then back charge the property owner to recover costs. 8. Damaged existing towers and antennas may be rebuilt to the same physical dimensions and at the same location. Repairs and rebuilding shall be complete within one (1) year after receiving the building permit from the City. However, if the tower is destroyed due to any reason or cause whatsoever, so that repairs would be forty (40%) percent or more of a new tower, then the tower may not be repaired or restored except in full compliance with this Ordinance. 9. No advertising message shall be affixed to any tower and or antenna structure. 10. No tower or antenna shall be illuminated by artificial means and must not display strobe lights, unless such lighting is required by the Federal Aviation Administration, or other federal or state authority for that particular tower. When incorporated into the approved design, the tower may support light fixtures used to illuminate parking lights, ball fields, or similar areas. 11. Towers and antennas must be designed to blend into the surrounding environment through use of color and camouflaging architectural treatment, except in instances where color is dictated by federal or state authorities such as the Federal Aviation Administration. Antenna support structures shall be painted light blue, gray, or silver or have a galvanized finish to reduce visual impact. 12. Towers located closer to a property line than the distance equal to the tot eh height of the tower shall be designed and engineered to collapse progressively within the distance between the tower and property line. The applicant for any tower shall submit written documentation explaining tower construction and possible failure and provide assurance that blowing or falling ice from tower/antenna can be contained on the subject property. At a minimum, the tower shall comply with the minimum setback requirement of the Zoning District in which it is located. 13. A tower shall be located on a parcel of land so as to have the least impact on adjoining properties and any negative impact of the tower shall be confined onto the property on which it is located, to the greatest extent possible. 14. The tower location shall provide the maximum amount of screening for off-site views of the tower and/or antenna and related structure. Existing on site vegetation shall be preserved to the maximum extent possible. 15. All utility buildings, structures, and equipment accessory to the tower or antenna must be architecturally designed to blend in with surrounding environment and must meet the minimum design requirements of the Zoning District in which they are located. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 126 16. No change in the use or ownership of an approved tower or antenna may be made without the written consent of the City Council. 17. Co-location of antennas upon overhead power line poles or street light poles is encouraged provide the said antenna meets all applicable federal state spacing requirements and inference regulation. 4. Proof of Non-Interference. 1. Each application for construction of a commercial Broadcast or Wireless telecommunication facility shall include either a certified statement that the construction of the tower/antenna, including reception and transmission functions, will not interfere with the radio, television, or other service enjoyed by adjacent residential and non - residential properties. If interference is found after the facility has been built has been erected, the applicant has to solve any problems his equipment has caused, at his cost. 5. Tower Setbacks. 1. Where adjacent parcels are zoned for commercial or industrial uses, setbacks equivalent to those established for the principle structure shall be provided for any tower/antenna. Setbacks equal to the height of the tower shall be established on sites that are adjacent to parcels developed or able to be developed for residential use. 6. Permit Applications and Plan Review. 1. Conditional Use Permit. Applicants for a tower/antenna Conditional Use Permit must file a Conditional Use Permit application with the City of Gem Lake and pay any and all associated fees. 2. Planning Commission/City Council review. All applications for a Broadcast/Telecommunications tower must first be sent to the Planning Commission which shall review the application and may recommend to the City Council approval or denial. The City Council will hold the necessary Public hearing(s) on this matter and will then approve or deny the request. The applicant is responsible for supplying a certified list of the property owners within three-hundred (350') feet of the proposed tower/antenna site and pay all costs for notifying all such parties of the public hearing(s) needed. 7. Exceptions. 1. The following towers and/or antennas supporting structures and antennas are not subject to the restrictions of Section 21 of this Ordinance: 1. Towers and/or antennas identified as “Accessory and Secondary Antennas” in this Ordinance are exempt. All Amateur Radio “Accessory and Secondary” antennas and/or towers must be installed in accordance with instructions furnished by the manufacturer of the tower/antenna. 2. Towers and antennas that are located entirely with a structure that complies with the height, bulk and density and area requirements of the City of Gem Lake Zoning Ordinance and are not visible from the exterior of the structure are also exempt. 3. Towers/antennas for radio/telecommunications equipment owned and operated by the City of Gem Lake are also exempt. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 127 SECTION 24. WIND ENERGY CONVERSION SYSTEMS 1. Purpose. The purpose of this Ordinance is to establish standards and procedures by which the installation and operation of residential wind energy conversion systems (WECS) shall be governed within the city. 2. Zoning Allowance. A Residential WECS may be installed as an accessory use in all zoning districts, provided that the system complies with all terms and conditions of this Ordinance. 3. License Required. A Residential WECS with a blade diameter under 6 feet and installed so that the total extended height does not exceed 10 feet over the tallest structure on a property shall not require a City license. For all other WECS, a lice nse must be obtained from the City of Gem Lake prior to installation of the system. The City Council shall designate a member of City staff as the officer responsible for accepting and reviewing applications for Residential WECS licenses. The City Council shall establish fees by separate resolution for review of an initial application and for renewal applications. 1. Initial Application. Any person wishing to install a Residential WECS requiring a license shall complete an application on a form provided by the City, pay the required application fee, and submit the application fee, and attach the following additional materials: 1. A site plan, drawn to scale, depicting the location of all WECS components on the property; the locations of property boundaries; the location of all structures and above-ground utilities located on the property, and the location of any public rights-of-way or utility easements on the property. The plan shall also indicate the height of the tallest structure, tree or object lying within 30 feet from the base of the tower. 2. Documentation that a current insurance policy extends coverage to the proposed Residential WECS, whether under existing property insurance or a separate policy. 3. A copy of the WECS manufacturer’s documentation stating rated generation capacity, standards certifications (such as Underwriters’ Laboratories certification) for each WECS component, installation instructions, standard drawings or schematics for the equip ment, warranties, manufacturer’s warnings, and emergency procedures. 2. Renewal Application. A person with a licensed WECS previously installed upon their property shall submit a renewal application on a form provided by the City, pay the required application fee, and provide the following: 1. A revised site plan and elevations reflecting the current location and height of trees, structures and utilities on the property in which the tower is located; and 2. If any of the documents required by Section 24.3.1.1 or .2 have been replaced by new documents or revised, current copies of those documents. 3. Review of Applications. The officer designated by the City Council shall review the license applications and attached supporting material for compliance with the regulations set forth in this Ordinance. If the reviewing officer believes the proposed or existing WECS complies, the officer shall issue the license. 4. Term of license. A Residential WECS license shall remain in effect for five (5) years following issuance, unless the City Council shall earlier revoke the license for failure to comply with the terms of this Ordinance. 5. Revocation. If the City learns of a violation of this Ordinance, it shall provide a notice to the property owner of the alleged violation and the date and time of a hearing before the City Council to consider the violation. The City Council shall hold a hearing, at which it will receive evidence of the violation and take testimony from any interested parties, including the property owner. Following the hearing, if the Council determines that the WECS is in violation of the standards in this Ordinance, it may revoke the WECS license immediately, give the owner a reasonable period of time in which to correct the violation without revocation, or choose to take no action on the WECS license. If a WECS license is revoked, the WECS and tower must be dismantled and removed from the property within 90 days of revocation. 4. Code Compliance. WECS installation is not exempt from the State Building Code and similar safety codes, and all permits required for the construction and/or installation of WECS components must be obtained from the City’s Building Official prior to commencing work to install the WECS. 1. Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 128 data and calculations to demonstrate compliance with the structural design provisions of the state building code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer. 2. Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city. 5. Standards for Siting, Installation and Operation of WECS. 1. Height. The height of a WECS must comply with FAA regulation part 77 "Objects Affecting Navigable Air Space" and/or MNDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation". 2. Setback. WECS towers shall be setback from the closest property line at least one foot for every one foot of the system’s total extended height. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. 3. Rotor clearance. At installation, the bottom of the WECS blade diameter shall have a minimum of 5 feet of clearance over any structure (including above-ground utilities) or tree within a 200-foot radius of the WECS tower. The property owner is responsible for ensuring that trees and other vegetation do not encroach on the minimum rotor clearance after the system is installed. 4. Rotor safety. Each WECS shall be equipped with control equipment to prevent dangerous operation in high wind and to allow the turbine to be slowed or stopped in an emergency. 5. Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within 12 feet of the ground. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. 6. Component certification. Each electrical component of the WECS must be certified by Underwriters Laboratories, Inc. The overall WECS system must either be certified or pending certification by the Small Wind Certification Council as compliant with the American Wind Energy Association’s Small Wind Turbine Performance and Safety Standard. 7. Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 8. Signs. Each WECS shall have one sign, not to exceed two square feet, posted at the base of the tower and said sign shall contain the following information. 1. High voltage warning, if a component of the WECS is “high voltage” under the National Electrical Code; 2. Manufacturer’s Name; 3. Emergency Phone Number; 4. Emergency Shutdown Procedures. No other signage is permitted on the tower or turbine components of the WECS. A manufacturer’s name or logo printed on a component is not considered “signage” for the purpose of this Ordinance. 9. Lighting. WECS shall not be illuminated from the ground, or have affixed or attached any lights, reflectors, flasher or any other illumination, except for those required by FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular 70/7460-1F, September 1978 "Obstruction Marking and Lighting". 10. Noise Emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 129 11. Utility Company Interconnection. If the WECS is interconnected with a local electrical utility company, the connection shall adhere to the National Electrical Code as adopted by the city. 6. Test Towers. A tower to support anemometers and other test equipment to determine the feasibility of installing a WECS on the property may be installed as an accessory use in all zoning districts. A license is not required to erect a test tower , but the City must be notified of the installation and provided with a site plan and elevations similar to that required in Section 24.3.1.1. The test tower must comply with all applicable siting, installation and operation requiremen ts in Section 24.5, though a test tower may use guy wires for support. If required by the State Building Code, a building permit must be obtained before commencing work to erect the test tower. A test tower may stand on a property for a maximum of twenty - four months in any three-year period. 7. Inspection. The city hereby reserves the right upon issuing any WECS license to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 8. Abandonment. If any WECS or tower is not used for six successive months, the City shall give notice to the property owner that the WECS must be put back in service within six months from the date of notice. If the WECS is not put back into service within that time, the WECS and tower shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 130 SECTION 25. SUBDIVISIONS 1. Purpose. In order to safeguard the best interests of the City of Gem Lake and to assist the subdivider in harmonizing his interests with those of the City at large, the following section is adopted so that the adherence to the same will bring resu lts beneficial to both parties. It is the purpose of this section to make certain regulations and requirements for the platting of land within the City of Gem Lake, pursuant to the authority contained in Minnesota Statutes, which regulations the City Council deems necessary for the health, safety and general welfare of this community. 2. Jurisdiction. The regulations herein governing plats and the subdivision of land shall apply within the corporate limits of the City of Gem Lake, MN. 3. Interpretation. The interpretation and application of the provisions of this section shall be minimum requirements adopted for the protection of public health, safety and general welfare. 4. Requirements. 1. This section requires that all land division in the City of Gem Lake be accomplished thru through subdivision of property as described in this section. 2. No subdivision of property in the City of Gem Lake shall be recorded in the Ramsey County Recorder’s Office or have any validity unless it is: 1. Part of a Platted Subdivision; or 2. Part of a Minor Subdivision described by a plat approved by the City; or 3. A single lot, existing on the effective date of this section, described by metes and bounds, which description shall be accompanied by a registered lot survey; or 4. A parcel 20 acres or more in size with at least 500 feet or more of frontage. 3. No building permits shall be considered for issuance by the City of Gem Lake for constructing any building, structure or improvement on the land on any lot in the subdivision as defined herein, until all requirements of this section have been met. 5. Park Land Dedication Requirements. 1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park fund as provided by this section of this section. The form of the contribution, cash or land (or any combination), shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre-development land value. 2. Subdivision of land which has been previously platted and officially recorded and which contains less than one (1) acre shall be exempt from dedication requirements. 3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution. 4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the this ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 131 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: 1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces; and 2. That the public ownership and maintenance of the open space is adequately pro vided for by written agreements; and 3. That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and 4. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council; and 5. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds which benefit the residents of the City. 8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. 6. Minor Subdivisions. 1. When a subdivision is requested, if either or both of the following conditions exist, the Zoning Administrator may bring the request and the completed Subdivision Application form to the attention of the City Council without going through the complete subdivision process outlined in this section: 1. The proposed subdivision will result in three (3) or fewer fully conforming lots in an area where conditions are well defined. Only once shall a subdivision of 3 lots or less be allowed in any one (1) parcel of property. All lots proposed shall have frontage on a street as required by this Ordinance. 2. In the case of a request to divide an existing lot, where the division is to permit the adding of a parcel of land to an abutting lot, or to create two (2) lots, and the newly created property line will not cause the other remaining portion of the lot or any structure to be in violation with this Ordinance. 2. The applicant will be required to submit a plat prepared by a registered land surveyor showing the original lot and the proposed subdivision. The newly created parcels also shall meet all requirements of this Ordinance. A preliminary site plan for the proposed subdivided area showing building sites, driveway access points, drainage plans and utility easements shall also be included. 3. The required filing fee for this Minor Subdivision shall be as established and, from time to time, amended by the City Council as part of the Gem Lake Fee Schedule. 4. Prior to approval of a Minor Subdivision the City Council reserves the right to require any or all sections of this Ordinance to be applied. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 132 5. The Minor Subdivision created by these proceedings shall be recorded with the County Register of Deeds within sixty (60) days after the date of approval by the City Council. If not recorded within this time period, the approval of this subdivision by the City shall be considered void. 7. Severability. It is the intention of the City Council that the several provisions of this section are severable and that if any court of competent jurisdiction shall adjudge any provision of this section or application thereof to be invalid, such judgment shall not affect any other provisions of this section not specifically included in said judgment. 8. Conflict and Interaction of Ordinances. Whenever there is a conflict between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions, Codes or Ordinances of the City, the most restrictive standards shall apply. 9. Rules and Definitions. 1. The language set forth in the text of this section shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural, and the plural the singular; 2. The present tense includes the past and future tenses and the future the present; 3. The word “shall” is mandatory while the word “may” is permissive; 4. The masculine gender includes the feminine and neuter; 5. Whenever a word or term defined herein appears in the text of this section, its meaning shall be construed as set forth in such definition thereof; 6. All measured distances expressed in feet shall be to the nearest tenth of a foot. 10. Filing and Review Procedures of Plans. 1. Sketch Plan. In order to insure that all applicants are informed on the procedural requirements and minimum standards of this section and the requirements or limitations imposed by other City Codes, Ordinances or Plans, the applicant shall submit three (3) copies of a Sketch Plan to the Zoning Administrator. (see Section 25.12 for details of what is to be included in a Sketch Plan) The applicant also shall arrange a pre-application meeting with the Zoning Administrator, the Planning Commission and the City Engineer to r eview and discuss the proposed development. 2. Preliminary Plan. 1. Filing. The subdivider shall submit to the Zoning Administrator the following: 1. A completed Subdivision Application form; 2. Ten (10) copies of the Preliminary Plan and at least one reduced (8 ½ X 11 or 8 ½ X 14) Preliminary Plat; 3. The required fees. The base fee for a subdivision application shall be established by the city council from time to time and published with all other City fees and charges. This fee is non - refundable. In addition to the base fee, the subdivider shall deposit funds with the City for payment of expenses incurred through staff time and from all outside sources including, but not limited to, engineers, attorneys, and outside consultants employed specifically for review and processing the application. The deposit shall be based on the city clerk’s estimate of staff and consultant time required, but in no case shall the deposit exceed one percent (1%) of the current - year market value of the land to be subdivided, as determined by the Ramsey County Assessor. Any amount over the base fee not expended by the city will be refunded within thirty (30) days of final action on the application (i.e. final plat approval or application denial). Expenses in excess of the filing fee and deposit that the City incurs shall be borne by the subdivider and paid prior to final approval; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 133 4. Any applications for Variances from the provisions of this section or applications for Variances or Special Uses as provided for in the other Gem Lake Ordinances and the required fee(s) for such action; 5. A list of all property owners located within three hundred fifty (350) feet of the subject property, obtained from and certified by Ramsey County or the City of Gem Lake; 6. An executed Cost Sharing Agreement indicating the applicants understanding that he/she agrees to reimburse the City for all expenses incurred through staff time and from all outside sources including, but not limited to, engineers, attorneys, and outside consultants employed specifically for review and processing the application. 2. Action on Requests. The Zoning Administrator shall upon receipt of the Preliminary Plan: 1. Determine whether the Preliminary Plan includes the data required by this section. The plan shall be considered as being officially submitted when all the information required is supplied and all requirements of this section are complied with; 2. Send a copy of the Subdivision Application and one copy of the Preliminary Plan to each member of the Planning Commission and one copy to the City Engineer; 3. The Zoning Administrator also shall refer copies of the Preliminary Plan to the Park Advisory committee, Watershed Districts, County, State, or other public jurisdictions for their timely review and comment, where appropriate and when required; 4. The proposed plan shall be placed on the agenda of the first possible Planning Comm ission meeting; 5. The City Engineer shall in a timely manner submit his report to the Planning Commission. This report shall be on the feasibility of street location and construction and on any drainage or other problems that might be encountered. The absence of a report fr om the City Engineer shall in no way invalidate the approval or disapproval by the City of the Preliminary Plan; 6. The Planning Commission shall hold a public hearing on the proposed Preliminary Plan and shall have notice of such hearing published in the official newspaper at least ten (10) days prior to the hearing. The subdivider shall certify that all owners of property within 350 feet of the property being subdivided have been notified by mail of the Public Hearing; 7. Upon completion of the Public Hearing, the Planning Commission shall prepare and submit its report, five (5) copies of the Preliminary Plan, its recommendation for approval or disapproval, and recommendations for conditions associated with approval to the City Council in a timely manner that allows the City Council to take action within the time limits established by law. If the report of the Planning Commission has not been received so as to provide for compliance with time limits established by law, the City Council may act without such a report; 8. The City Council shall, within the time limits established by law, approve with or without conditions or disapprove the Application for Subdivision Preliminary Plat with said action being formally recorded in the minutes of a properly convened meeting. Fur ther, any disapproval of the Application for Subdivision Preliminary Plat shall be noticed in writing to the applicant; 9. Any modification or waiver of time limits established by law shall only be made in writing to the City by the applicant except for extensions by the City provided for by law. 3. Final Plat. Within six (6) months following approval of the Preliminary Plan by the City Council, unless the subdivider has requested an extension of that time from the City Council, the following shall be submitted to the Zoning Administrator: 1. Filing. 1. Eight (8) copies of the Final Plat, including one reproducible copy are required. This Final Plat shall incorporate all changes to and conditions associated with the Preliminary Plan required by the City Council. Otherwise, it shall conform to the Preliminary Plan. The Final Plat may Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 134 constitute only that portion of the Preliminary Plan that the subdivider proposes to record and develop at this time. If the Final Plat is not submitted within six (6) months, the approval of the Preliminary Plan shall be considered void; 2. An up-to-date certified abstract of title or registered property record report and such other evidence as the City Council may require showing title or control of the property in the subdivision by the applicant. 2. Action on Requests. The Zoning Administrator shall upon receipt of the Final Plat: 1. Acknowledge receipt of the Final Plat to the applicant; 2. Send three (3) copies of the Final Plat to the Planning Commission; 3. The report of the Planning Commission shall be submitted to the City Council in a timely manner that allows the City Council to take action within the time limits established by law after filing of the Final Plat. The report shall state whether the proposed improvements conform to the engineering standards and specifications established in this section. It shall also state whether the Final Plat conforms to the Preliminary Plan as approved by the City Council ; 4. The City Council shall act on the Final Plat within the time limits established by law. It shall not approve a Final Plat unless it: 1. Conforms to the Preliminary Plan with all changes and conditions associated with the Preliminary Plan approval by the City; 2. Meets the design and engineering standards set forth in this section; 3. Conforms to the plans of the City, as approved by the Planning Commission and City Council; 4. All fees required to be paid to the City in connection with this Plat have been paid. 5. If the Final Plat is approved by the City Council, the subdivider shall record it with the County Register of Deeds within sixty (60) days after the date of approval. If not recorded within this time period, the approval of the Final Plat shall be considered void; 6. The subdivider shall immediately upon completion of recording, furnish to the City Clerk two (2) prints of the Final Plat showing evidence of recording. 4. Data Requirements for Plans and Plats. 1. Sketch Plan. Sketch Plans shall contain, at a minimum, the following information: 1. Plat Boundary; 2. North arrow; 3. Scale; 4. Street layout on and adjacent to plat; 5. Designation of land use and current proposed zoning; 6. Significant topographical or physical features; 7. Preliminary lot locations, numbers and layout. 2. Preliminary Plan. The subdivider shall prepare and submit a Preliminary Plan, together with any necessary supplementary information. The Preliminary Plan shall contain the information set forth in the sections that follow. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 135 1. General Requirements. 1. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions in Ramsey County; 2. Location of boundary lines in relation to a known section, quarter section or quarter - quarter section line comprising a legal description of the property; 3. Names and addresses of all persons having property interest, the developer, designer and surveyor together with the surveyor’s registration number; 4. Graphic scale of plat, not less than one (1) inch to one hundred (100) feet; 5. Date and north arrow. 2. Existing Conditions. 1. Boundary lines and total acreage of proposed plat, clearly indicated; 2. Existing zoning classifications for land within and abutting the subdivision; 3. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any; railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the plat and to a distance of three- hundred and fifty (350) feet beyond the tract; 4. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract, Such data as grades, invert elevations and locations of catch basins, manholes and hydrants also shall be shown; 5. Boundary lines of adjoining unsubdivided and subdivided land, within three hundred fifty (350) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider; 6. Topographical data, including contours at vertical intervals of not more than two (2) feet. Water courses, wetlands, rock out-crops, power transmission poles and lines and other significant features shall also be shown; 7. In plats where public water and sewer are not available, the subdivider shall file a report prepared by a registered civil engineer on the feasibility of individual on -site sewer and waste systems on each lot, and shall include soils boring analysis and percolation tests to verify conclusions. 3. Proposed Design Features. 1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City of Gem Lake or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used; 2. Locations and size of proposed sewer lines and water mains; 3. Locations, dimensions and purposes of all easements; 4. Layout, numbers, lot areas and preliminary dimensions of lots and blocks; 5. Minimum front and side street building setback lines; 6. When lots are located on a curve, the width of the lot at the building setback line; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 136 7. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres; 8. Water mains shall be provided to serve the subdivision by extension of an existing community system whenever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants also shall be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City of Gem Lake. In areas where public water supply is not available, individual wells shall be provided on each lot, properly placed in relation to individual sewage treatment facilities on the same and adjoining lots. Well plans must comply with the Minnesota State Well Code as may be amended, and shall be submitted for the approval of the City Engineer; 9. Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed in accordance with the standards and ordinances of the State of MN, Ramsey County and the City of Gem Lake; 10. Sewage Disposal, Private. All on-site septic systems shall be installed in accordance with the standards and ordinances of the State of MN, Ramsey County and the City of Gem Lake. 4. Supplementary Information. 1. Proposed restrictive covenants; 2. An accurate soil survey of the subdivision prepared by a qualified person; 3. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population; 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions shall be shown, such proposed zoning plan shall be for information only and shall not vest any rights in the applica nt; 5. Provisions for surface water disposal, ponding, drainage and flood control; 6. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions; 7. Where structures are to be placed on large or excessively deep lots that are subject to potential re-platting, the preliminary plat shall indicate a logical way in which the lots could possibly be re-subdivided in the future; 8. Proof that a plan for soil erosion and sediment control, both during construction and after development, has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures , and landscaping of the erosion and sediment control system along with any such requirements as may be required of the applicant by watershed districts or other such public agencies established to regulate sediment and erosion control; 9. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and location of trees and other vegetation that are to be planted, and which indicates compliance with all attendant local ordinances; 10. When the City of Gem Lake agrees to install improvements in a development, the developer shall furnish the City a Financial Statement satisfactory to the City. When then City has not undertaken to install improvements, the City may, at the City’s option, require the developer to furnish a Financial Statement satisfactory to the City; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 137 11. Such other information as may be required. 5. Final Plat. The owner or subdivider shall submit a Final Plat together with any necessary supplementary information. The Final Plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes, Ramsey County regulations and the Final Plat shall contain the following information: 1. General Requirements. 1. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision; 2. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions that must mathematically close. The allowable error closure of any portion of a final plat shall be one (1) foot in seventy-five hundred (7500) feet; 3. The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments; 4. Locations of lots, streets, public highways, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines; 5. Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block; 6. The exact locations, widths, and names of all streets to be dedicated; 7. Location and width of all easements to be dedicated; 8. Name, address and registration number of the surveyor making the plat; 9. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow; 10. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are served over, under and along strips marked “utility easements”; 11. Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 2. Certification Requirements. 1. Certification by a registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended; 2. Execution by all owners of any interest in the land or any lenders of a mortgage thereon of the certificate required by Section 505.03, Minnesota Statutes, as amended, and where certificate shall include a dedication of the utility easements and other publ ic areas in such form as approved by the City Council; 3. Certifications showing that all taxes currently due on the property to be su bdivided have been paid in full; 4. An approval and review block to be filled in with the signature of the Mayor and City Clerk. The form of this approval and review block is as follows: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 138 Approved by the City of Gem Lake, Ramsey County, Minnesota This Day of , 20 Signed: Mayor Attest: City Clerk 11. Design Standards. 1. Blocks. 1. Block Length. In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed one thousan d eight hundred (1800) feet nor be less than four hundred (400) feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than twelve hundred (1200) feet, pedestrian ways and/or easements through the block may be required near the center of the block. 2. Block Width. The width of the block shall normally be sufficient to allow for two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 2. Lots. 1. Area. The minimum lot area, width and depth shall not be less than that established by this Ordinance in the appropriate Section in effect at the time of adoption of the Final Plat. 2. Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in this Ordinance. 3. Side lot lines. Other than for good reason, side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. 4. Frontage. Every lot must have minimum frontage on a City approved existing or platted street or road other than an alley, as required in this Ordinance. 5. Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required in this Ordinance. 6. Water courses. Lots abutting a water course, wetland, ponding area or stream shall have additional depth and width, and other restrictions as required in this Ordinance. 7. Features. In the subdividing of land, due regard shall be shown for natural features, such as tree growth, water courses, historic spots or similar conditions that if preserved will add attractiveness and stability to the proposed development. 8. Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than being allowed to remain as unusable parcels. 9. Political boundaries. No singular plat shall extend over a political boundary or school district line without documented notification to affected units of government. 10. Frontage on two streets. Double frontage, or lots with frontage on two (2) roughly parallel streets, shall be avoided except where lots back on an arterial street or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double -frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. 11. Turn around egress. When proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn around egress on each lot. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 139 3. Streets. 1. Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangements of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographical conditions, to run-off of storm water, to public convenience and safety and in appropriate relation to proposed uses of the area to be served. 2. Local streets, authorized private ways and Dead-end streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall include a terminal turn- around with a turn-around radius of not less than sixty (60) feet. 3. Alleys. Alleys are not permitted in subdivisions in the City of Gem Lake. 4. Street plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided/subdivided portion shall accompany the plat. 5. Temporary Cul-de-sac. In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turn around facility shall be provided at the closed end. 6. Street Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty five (125) feet shall be avoided. 7. Sidewalks. The Planning Commission, when it deems appropriate and necessary, may require that sidewalks be provided on one or both sides of the paved surface, and shall prescribe the minimum width of such sidewalks. In all cases where sidewalks are specified, they shall provide handicapped access. 8. Half streets. Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it will be practical to require dedication of the other half when the adjoining property is subdivided. 9. Private Streets. Private streets existing as of the date of this Ordinance are permitted. Future private streets are permitted, but only when approved by the City. The City may accept private streets as public streets, but only when such streets have been upgraded to the standards set by this Ordinance. 10. Street Grades. The grades of all streets shall not be less than 0.3 percent and should not exceed the following: 1. Collector Street Six (6%) percent 2. Minor Street Eight (8%) percent 11. Curb Radius. The minimum curb radii for thoroughfares, collector streets, local streets, and alleys shall be as follows: 1. All Streets Ten (10') feet 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council. 13. Street Right-of-Way Width. For all public streets hereafter dedicated and accepted, the minimum right- of-way widths of streets shall be as shown in the City of Gem Lake Comprehensive Municipal Plan and where not shown therein, the minimum right-of-way width for streets, arterial highways or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 140 1. Principal Arterial Highway (As required by MNDOT); 2. Intermediate Arterial Highway 100 feet; 3. Minor Arterial Highway 80 feet; 4. Collector Street 70 feet; 5. Minor Street 60 feet; 6. Authorized Private Way 40 feet; 7. Private Driveway 33 feet; 8. Pedestrian Way 10 feet. 4. Easements. 1. Width and Location. Necessary easements of appropriate width for utilities (including extension of main water and sewer lines) shall be provided (and shown on the plat), preferably along lot lines or as necessary across lots. 2. Continuous Utility Easement Locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council. 3. Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the existing angle so that pole guys will fall along-side lot lines. 5. Erosion and Sediment Control. 1. The development of this subdivision shall conform to the natural limitation presented by topography and soil so as to create the least potential for soil erosion. 2. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to and maintained throughout development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one (1) period of time. 4. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. 5. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed area. Topsoil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 6. Natural vegetation shall be protected wherever practical. 7. Run-off water shall be diverted to a sediment basin before being allowed to enter the natural drainage system. 8. The erosion and sediment control plan shall be subject to review and approval of the applicable Watershed District and the City Engineer. The City may request a report from the Ramsey Soil and Water Conservation District regarding soil erosion control measures. The City may require a soil erosion cash deposit to guarantee erosion control measures are taken. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 141 6. Storm Drainage. 1. All subdivision designs shall incorporate adequate provisions for storm water run-off subject to review and approval of the applicable Watershed District and the City Engineer. 2. The grade and drainage requirements for each plat shall be approved by the applicable Watershed District and the City Engineer at the expense of the applicant for the subdivision. Every plat presented for final signatures shall be accompanied by certifications by the City Engineer that the grade and drainage requirements have been met. In an area not having municipal storm sewer trunks, the applicant shall be responsible for providing a storm water disposal plan that will operate without damage to propertie s outside the platted areas. 3. No plat shall be approved by the City Council before the storm water disposal plan is approved by both the City Engineer and the Watershed District. 4. The use of dry wells for the purpose of storm water disposal is prohibited in the City of Gem Lake. 7. Protected Areas. 1. Where land proposed for subdivision is found to be environmentally sensitive by the City, due to the existence of wetlands, drainage ways, water courses, floodable areas or steep slopes, the design of said subdivisions shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. 2. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of these sensitive areas in the form of outlots. 3. Measures of protection shall include design solutions that allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction of slopes over eighteen (18) percent or result in significant alteration in the natural drainage system such that adverse impact cannot be continued within the plat boundary. 12. Required Basic Improvements. 1. General Provisions. 1. Before a Final Plat is returned to the subdivider by the City, the subdivider of the land covered by said plat shall pay all fees required and execute and submit to the City Council a developer’s agreement that shall be binding on his or their heirs or personal representatives. This agreement shall declare that the subdivider will start no private construction on the lands within said plat, nor will the subdivider file or cause to be filed any application for building permits for such construction until all improvements required by this Ordinance have been made or arranged for in the manner and conforming to the requirements set forth on the Final Plat. 2. Prior to the delivery of the approved Final Plat, the subdivider shall deposit with the City Treasurer an amount equal to a minimum of one hundred twenty five (125%) percent of the City Engineer’s estimated cost of the required improvements within the plat, either in a cash escrow fund, performance and indemnity bond, or letter of credit. The surety involved in said financial guarantees shall be approved by the City. The cash escrow, letter of credit or performance and indemnity bond shall be conditioned up on: 1. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year. 2. Satisfactory completion of the work the subdivider has agreed to in the developer’s agreement referred to in Section 14.1.1. 3. The payment by the subdivider to the City of all expenses incurred by the City in connection with this subdivision proposal, shall include not be limited to: expenses for engineering, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement that shall Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 142 provide that in the event the required improvements are not completed in one year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within the said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the City shall be assessed against the subdivision. Any balance remaining in the cash escrow fund after such improvements have been made and all expenses therefore have been paid, shall be returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the said letter of credit shall be in a form satisfactory to the City, and the terms thereof shall substantially comply with all requirements as set forth in Minnesota Statutes as amended, which statutes relate to Surety Bonds. 3. The City of Gem Lake shall where appropriate, require of a subdivider submission of a Warranty/Maintenance Bond in the amount equal to the original cost of the improvements, which shall be in force for one year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements. 4. Reproducible “as built drawings” as required by the City Engineer, shall be furnished to the City by the subdivider giving details on all required improvements. Such “as built drawings” shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. 5. All the required improvements to be installed under the provisions of this Ordinance shall be approved by and subject to the inspection of the City Engineer. All of the City’s expenses incurred as the result of the required improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider. 2. Monuments for Final Plat. 1. Official monuments, as designated and adopted by the Ramsey County Surveyors Office and approved by the Ramsey County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the Final Plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat is to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyo r’s irons to be indicated, each angle point or the boundary perimeter to be so monumented. 2. Pipes or steel rods shall be placed at each lot and at each intersection of street center lines. All United States, State, County or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in the precise position they were and shall be recorded on the plat. All lot and block dimensions shall be recorded on the plat and all necessary angles pertaining to the lots and blocks shall be shown, as an aid to future surveys. No ditto marks will be permitted when indicating dimensions. 3. To insure that all irons and monuments are correctly in place following the final grading of a plat, a second monument shall be required. Proof of the second monumentation shall be in the form of a surveyor’s certificate and this requirement shall addition ally be a condition for the Certification of Occupancy. 3. Street Improvements. 1. The full width of the right-of-way shall be graded, in accordance with the provisions for construction as outlined in the section of this Ordinance, titled Design Standards. 2. All street shall be improved in accordance with the City of Gem Lake standards and specifications for street construction or as required by the City Council. 3. All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as approved by the City Council. The portions of the right -of-way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary by the City. 4. Where required, curb and gutter shall be constructed in accordance with the standards and specifications for street construction as set forth and approved by the City Council. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 143 4. Trees and Boulevard Sodding. 1. Where street trees do not exist, trees having a trunk diameter of not less than two (2) inches, measured twelve (12)inches above the ground, shall be planted on both sides of all streets in the subdivision in locations approved by the Planning Commission, but no more than sixty (60) feet apart. Trees of equal standard shall be planted in the required front yards at an average minimum density of one (1) tree per forty (40) feet of right-of-way. 2. Tree species shall be as approved by the Planning Commission and must survive one full growing season or be replaced at the subdivider’s expense. 3. Boulevards shall be sodded as required by the Planning Commission in conformance with generally accepted standards and specifications. 5. Street Signs, Lighting and Driveways. 1. Street signs, of suitable design approved by the City Council, shall be installed at each street intersection. 2. Driveway approaches and sidewalks of standard design or pedestrian pathways, as may be required by the City Council, shall be installed. 3. Street lighting fixtures, as may be required and approved by the City Council, shall be installed. 6. Sanitary Sewer and Water Distribution Improvements. 1. Sanitary sewers and water facilities shall be installed in accordance with standards and specifications as required by the City Council and subject to the approval of the City Engineer. 2. Where City sewer and water facilities are not available for extension into the proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate state and local regulations. 7. Public Utilities. 1. All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines, Cable TV and other services constructed within the confines of and providing service to customers in a newly platted residential area shall be buried underground, unless the City Council specifically shall find, after study and recommendation of the Planning Commission that: 1. The placing of utilities underground would not be compatible with the development planned; 2. Topographical, soil or any other conditions make underground installation unreasonable or impractical. 2. Where telephone, Cable TV, electric and/or gas service lines are to be placed underground entirely, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services. 3. All drainage and other underground utility installations that cross privately owned property shall be protected by easements. 4. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles. The Planning Commission may recommend, and the City Council require, that the type of overhead pole used be of a quality and durab ility aesthetically in conformance with the nature of the residential development. 5. The subdivider is responsible for complying with the requirements of this section, and shall submit to the Zoning Administrator a written record from the utilities showing that the necessary arrangements with the utility involved for installation of said facilities have been made. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 144 8. Election of City Hall to Install Improvements. 1. In accordance with the policy of the City of Gem Lake, it is the subdivider’s responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this Ordinance in lieu of requiring the subdivider to install such improvements. 9. Railroad Crossings. 1. No street dedications will be accepted that require a crossing of a railroad right-of-way unless sufficient land, as determined by the City Council, is dedicated to insure a safe view. 13. Variances from This Section. 1. The City Council may grant a variance in any particular case where the applicant can show that by reason of exceptional topography or other physical conditions the strict compliance to this section could cause an exceptional and undue hardship on the enjoyment of substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this section. 2. An application for any such Variance shall be made on an official application form available from the Zoning Administrator and shall be submitted at the same time as the Preliminary Plan is filed for consideration. Such application shall be accompanied by the required fee(s). Such ap plication shall state fully all facts relied upon by the applicant and shall be supplemented with maps, plans or additional data that will aid the City in the analysis of the proposed project. 3. Upon receiving such application, the Zoning Administrator shall refer the application, along with all related information, to the Planning Commission for consideration at a duly convened public hearing, a report and recommendation to be sent to the City Council. 4. The applicant or a representative of the applicant shall appear before the Planning Commission at its next regular meeting in order to answer questions concerning the proposed Variance. 5. The Planning Commission shall have the authority to request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the expense of the applicant concerning said Variance, where said information is declared necessary to insure preservation or health, safety and general welfare. 6. The Planning Commission shall make a finding of fact and recommend to the City Council in writing such actions or conditions relating to the request as it may deem necessary to carry out the intent and the purpose of this section and shall do so in a timely manner that allows the City Council to take action within the time limits established by law. 7. If the report of the Planning Commission has not been received so as to provide for compliance with time limits established by law, the City Council may act without such a report. 8. Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the matter on the agenda for the next regular meeting. The Council shall within the time limits established by law make a written finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. A Variance to this Ordinance shall require a four/fifths (4/5ths) vote of the full City Council. The Zoning Administrator shall promptly notify the applicant of the Council’s decision in writing. 14. Violations and Penalty. 1. Sale of Lots from Unrecorded Plats. 1. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located with the jurisdiction of this Ordinance unless said plan, plat or replat shall have first been recorded in the Office of the Recorder of Ramsey County. 2. Misrepresentation as to Construction, Supervision or Inspection of Improvements. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 145 1. It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City of Gem Lake to represent that any improvements upon any of the streets, or avenues of said addition or subdivision or any sewer or water system in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. 3. Penalty. 1. Any person who violates any of the provisions of this Code shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under State Law. Each day that a violation is permitted to exist shall constitute a separate offense. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 146 SECTION 26. LANDSCAPING 1. Purpose. The purpose of this Section is to clearly express the City of Gem Lake’s intent for all properties in the City to be landscaped and to have the landscaping maintained with care. Properties shall be landscaped to improve the environmental performance of all properties in the City as well as to meet the aesthetic needs of the general public. 1. Landscaping Goals. All landscaping must be designed to protect, preserve, and promote the aesthetic appeal and overall value of the property. The quantity and quality of the landscape design should be compatible with the described use for each parcel in a zoning area and the intended use of the property. The preservation of desirable vegetation is a goal which should be addressed prior to any new construction, land filling, land changes or expansion of existing use areas. 2. Landscape standards. The landscape standards set forth in the Ordinance will promote harmonious development in the City, increase the desirability of residences, encourage investment or occupation in the City, optimize use and value of land and improvements, increase the stability and value of property, and add to the conditions affecting the peace, health and welfare of the City. Landscaping standards are essential to ensure compatible relationships between land uses within a community. All uses allowed as either permitted or conditional uses within the City’s various zoning areas shall conform to the following general provisions and performance standards. 3. Landscaping Maintenance. It is also important that all landscaped areas shall be properly maintained. Minimum maintenance standards for all landscaped areas are described in Section 18 of this Ordinance. 2. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 3. Landscaping Requirements for New Construction in Residential Districts. 1. Where to Install Landscaping. All front yards, boulevards and side yards of a residential structure in any zoning area in the City shall have sod or landscaping with mulch cover properly installed. This installation shall occur within sixty (60) days after the home is constructed upon the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing the land in furtherance of construction. If home construction is completed after the end of growing season, such landscaping shall be installed within sixty (60) days of the start of the next growing season. In rear yards, grass or mulch cover is still required, but the requirement may be met by seeding or other measures reasonably expected to provide a grassy area in lieu of installing sod. Silt fences and other methods to prevent soil erosion, as described in the Zoning Ordinance, shall be installed and maintained on any remaining portions of the lot that are not sodded or properly landscaped until a stable ground cover is established. All areas disturbed by grading which surround the principal building and accessory buildings which are not driveways, sidewalks or patios shall be landscaped with grass, shrubs, trees or other ornamental landscape materials. 2. Trees to be Planted. Three (3) new trees per acre shall be installed concurrently with sodding and seeding of the required yards. At least one (1) overstory tree and either one (1) ornamental tree or coniferous/evergreen tree is required for each lot. Each acre may have two (2) overstory trees as long as they are not of identical species. Existing significant trees that are retained on each lot may be used as a credit in lieu of planting new trees, but each acre must have at least two (2) trees. 3. Landscaping Required After Land Filling or Reclamation. If land filling or land reclamation is done in a residential area, the requirements of Section 16.15 for landscaping following construction shall be followed, using the date of permit expiration in place of the date of construction completion . 4. Landscaping Requirements for New Construction in Non-Residential Districts. 1. Where landscaping is necessary. For all non-residential districts, at least twenty five percent (25%) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. All front yards, boulevards and side yards around a structure in all non-residential districts in the City shall have sod or landscaping with mulch cover properly installed. This installation shall occur within sixty (60) days after the structure is constructed upon the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing the land in furtherance of construction. If construction is completed after the end of growing season, such landscaping shall be installed within sixty (60) days of the start of the next growing season. All areas around the structure must Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 147 be finished, but seeding of large areas around the structures is allowed in lieu of sod placement. Silt fences and other methods to prevent soil erosion shall be installed and maintained on the remaining portions of the lot that are not sodded or properly landscaped until a stable ground cover is established. 2. Parking Area Landscaping. Any parking areas in a non-residential zone that contain one hundred (100) parking stalls or less shall include at least one unpaved landscaped island along the driving aisles that serve as primary circulation to the site. In addition, at least one landscaped island shall be provided for every two hundred and twenty five (225) feet of contiguous parking stalls. All parking areas containing over one hundred (100) parking stalls shall include unpaved landscaped islands for every two hundred and twenty-five (225) feet of contiguous parking stalls. The islands shall be distributed evenly throughout the planned parking area space and be positioned in a way to promote effective traffic flow through the parking area. All landscaped islands in parking areas shall contain a minimum of one hundred and eighty (180) square feet of area and shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery in addition to then minimum landscape requirements of this Ordinance. Interior parking landscape area trees shall be provided at the rate of one (1) tree for each fifteen (15) surface parking spaces provided or a fraction thereof. Parking area landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the Planning Commission. 3. Landscaping required in land filling or reclamation. If land filling or land reclamation is done in a non- residential area, the requirements of 16.15.1 for landscaping following construction shall be followed, using the date of permit expiration in place of the date of construction completion. 4. Minimum Standards in non-residential districts. In order to achieve landscaping which is appropriate in scale with the size of the building and site, these minimum standards shall apply to all non-residential districts: 1. One (1) tree for every one thousand (1,000) square feet of total building floor area, or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty percent (30%) of the trees required shall be coniferous. 2. One (1) ornamental tree may be substituted for every 0.6 overstory deciduous shade tree. In no case shall ornamental trees exceed fifty percent (50%) of the required number of trees. 3. One (1) large shrub for every three hundred (300) square feet of building or for every thirty (30) feet of site perimeter, whichever is greater. 5. Credit for Existing Trees. The total number of new overstory trees required on a property may be reduced by the retention of existing overstory trees, provided that the following conditions are satisfied: 1. The trees fulfill the minimum requirements of section 27 of this Ordinance as to size and species. The City Forester shall recommend to the Planning Commission the amount of credit for such existing trees based upon their location and distribution in the lot. 2. Proper precautions to protect trees during building development shall be indicated on site grading pl ans submitted for plan review. The landscape performance security shall include provisions to ensure that these precautions are followed. 6. Irrigation System Required. As a non-residential area is developed, an underground irrigation system shall be required in all landscaped areas. 5. General Requirements for All Districts. 1. Trees and Shrubs. The following nursery stock sizes shall be required at the time of planting. All measurements shall conform to the standards set forth in the current edition of the USA Standards for Nursery Stock. Larger plants may be used or specified at any time. Overstory Trees 2-1/2 inches in diameter Ornamental Trees 1-1/2 inches in diameter Evergreen Trees 6 feet tall Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 148 Large Shrubs 36 inches tall Medium Shrubs 24 inches tall Small Shrubs 12 inches tall Evergreen Shrubs 24 inches in diameter Upright Evergreen Shrubs 36 inches tall Trunk diameter shall be measured six (6) inches above the ground level for four (4) inch or less caliper trees and measured twelve (12) inches above the ground for four (4) inch caliper or larger trees. 2. Topsoil and Planting Soil. When topsoil or planting soil is required for landscaping, the soil shall have a pH range of 5.00 to 8.00, unless otherwise specified. All soil shall be free of sticks, stones and other debris. 3. Planting Schedule. All landscaping plans shall contain a planting schedule which identified all plants proposed to be installed, along with existing plants. Plants shall be identified by a planting schedule which includes: 1. Quantity to be installed; 2. Common name; 3. Botanical name; 4. Plant size; 5. Root type (B & B, container, bare root) 4. Location of Plants. No plants, except flowers, ground cover or vines, shall be placed within two (2) feet of any building, driveway or parking area unless specifically noted and approved on the landscape plan. 5. Installation of Trees. The property owner shall be responsible for keeping new trees in a plumb position. When staking or guying is required, it shall occur so as not to create any h azards or unsightly obstacles. All wires shall be encased in hose to prevent tree damage. 6. Native Landscapes. 1. Native Landscape Alternative. A native landscape alternative to the requirements of this Ordinance is allowed in all zoning districts. Landscape plans, or portions thereof, approved as “native” are exempt from the other requirements of this Ordinance. An applicant proposing a “native landscape” shall submit a landscape plan depicting the current state of the natural area, its location on the property, and where any restoration of native area will be done. The plan must describe all features which make the planned restoration or retention of the area “native” as opposed to simply undisturbed. The plan shall also show fire breaks between the planting area and any structure. 2. Approval. A “native landscape” plan for restoration shall be approved if the proposed “native” area is composed of at least 80% native grasses and forbs, native plants, or a combination thereof. A plan proposing to preserve or leave undisturbed an area of the property may be approved as “native” landscaping if the specified area is composed of at least 50% native grasses and forbs, native plants, or a combination thereof. 3. Maintenance of Native Landscaping. Once approved, native grass areas shall be maintained in a neat and orderly manner without any noxious weeds, and mowed at least once per year. 7. Landscaping of Existing Uses. Existing uses shall comply with the landscaping requirements listed in Sections 26.5 and 26.6 of this Ordinance at the time any alterations are made on the buildings and premises. 8. Screening Requirements in Non-Residential Districts. 1. Parking Area Screening. Any off street parking area containing more than six (6) parking spaces, any part of which is within thirty (30) feet of an adjoining residence or residential area or across the street from any residence or residential area, and any driveway to a parking area containing at least six (6) spaces within fifteen (15) feet of an adjoining residential zone shall be completely screened to a height of at least three and one -half (3-1/2) feet above the parking grade. Such screening shall be accomplished through the use of earth berming, plant materials, or a combination of both, but not walls or fencing. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 149 2. Trash areas and Accessory Structures. In all non-residential districts, all trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye level view from public streets and adjacent residential or non-residential zoned properties. If accessory structures are proposed, they shall be constructed of the same building materials as the principal structure and be readily served through swinging doors. Design shall be approved by the Fire Department. 3. Mechanical utilities screening. The ground level view of all mechanical utilities including roof top equipment shall be completely screened from contiguous properties and adjacent street, or designed to be compatible with the architectural treatment of the principal structure. 4. Loading and service area screening. The external loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential or non -residential properties and adjacent streets, except at access points. 9. Additional Screening Requirements. 1. Residential districts. In all residential districts, all waste material, debris, refuse, garbage, fuel or materials not currently in use for construction shall be stored indoors or totally screened from the eye level view from public streets and adjacent properties. 2. All zoning districts. In all zoning districts, mechanical equipment, utility meters, storage, service area and similar features shall be completely screened from the eye level view from adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal structure. 10. Screening Methods. 1. Screening Wall or Fence. A fence or wall may be used for screening when plant materials are provided along the outside of the fence or wall. 2. Earth Berms. An earth berm shall be allowed for screening, when used in combination with plant material. A minimum of twenty five percent (25%) of the required screening must be provided by the plant material. Final slopes on berms steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. Earth berms used to screen parking lots and other open areas shall be of sufficient height to achieve screening but not to have slopes exceeding 3:1. A minimum of a two (2) foot berm is required. 3. Planting Screens. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way or within eight (8) feet of the traveled portion of any street or highway. A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year round opaqueness of eight percent (80%) at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Composition of plant material for screening shall be composed of these minimum standards: 1. Not less than thirty-three percent (33%) coniferous 2. Not less than twenty-five percent (25%) deciduous 3. Not more than thirty-five percent (35%) shrubs 4. Not more than forty-five percent (45%) of one species Planting screens shall be maintained in a neat and healthy condition. Plants which have died shall be promptly replaced. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 150 11. Landscaping Plans. 1. Content of Plans. A landscaping plan for any construction or land disturbance site shall be indicated either on the site plan and building plan, or on a separate to-scale plan drawing. The landscape plan shall address the matters raised by Sections 26.5 and 26.6, as well as visually depicting conformance with the performance standards of this Ordinance. Where streetscape plans or other landscape guidance from the Zoning Ordinance are applicable to the proposal, the landscape plan shall incorporate and visually depict compliance with those standards. When a landscaping plan is required by this Ordinance, the applicant shall submit a number of copies equal to the number of copies of site plans required for the permit or authorization (e.g. CUP, building permit) sought. 2. Submission - residential districts. If the construction is proposed as part of a subdivision, planned unit development, or other application requiring Planning Commission review, the landscape plan shall be submitted with the applicant’s other materials for the permit or other entitlement. In other cases, the City’s building official shall ensure that such a plan exists before issuing a building permit. 3. Submission - non-residential districts. In non-residential districts, a detailed landscaping site plan shall be submitted to the Planning Commission by the subdivider, developer, builder or property owner as part of the application for zoning entitlement or other permit. This plan must be approved at the same time as the site plan and building plan and the landscaping plan must be approved before any building, demolition, grading or filling permit is issued and construction is started. In cases where Planning Commission review is not required to issue a building permit, such as additions to or remodeling of existing structures, the City’s building official shall ensure that such a plan exists before issuing a building permit. 4. Land filling or reclamation. Each request for a land filling or land reclamation permit in all zoning districts shall also include a landscaping plan. This plan shall be approved by the Planning Commission before a filling permit is issued and filling is started. 12. Performance Surety for Landscaping in Non-Residential Districts. 1. Requirements. All landscape plans for construction in a non-residential district shall be accompanied by an owner supplied performance security which shall provide the City with cash, corporate surety bond, approved letter of credit or other surety satisfactory to the City to guarantee the proper installation and vigorous growth of all landscape elements and screening required. 2. Time period surety to remain in effect. Said surety shall remain in effect for two (2) full growing seasons. The first year the amount of the surety shall be equal to one hundred ten percent (110%) of the estimated costs of plant material, installation and tree preservation. The second year the surety shall be reduced to equal twenty-five percent (25%) of the estimated costs of plant material, installation and tree preservation. 3. Requirements for lots with irrigation systems. Lots or sites provided with an irrigation system covering one hundred percent (100%) of the area improved with landscaping need only provide surety for one (1) full growing season. 13. Maintenance of Landscaping in All Districts. 1. Responsibility for replacing dead materials. The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers and sodding shown on a landscaping plan. If any of these plant materials are not maintained or replaced, said plant materials will be replaced by the City and the cost thereof will be taken from any posted surety or, if a surety does not cover all costs, assessed to the property. In residential districts the City’s replacement costs will be assessed to the property. 2. Responsibility for maintenance. The property owner shall be responsible for maintaining the landscaping on every lot and parcel in the City in good condition. Every occupied and unoccupied lot and parcel shall be maintained to limit the growth of weeds or poisonous or harmful vegetation. Weeds shall include all weeds, grass, brush, wildings, second growth, rank vegetation or other vegetation that is not growing in its proper place, having a greater height of ten (10) inches or spread more than ten (10) inches. Grass must be mowed and shall not be allowed to grow more than ten (10) inches. Moving shall occur only between the hours of 8:30 a.m. and 8:30 p.m. Every property owner shall keep all yard spaces around a residence or non -residential in a manner such that the appearance will not detract from the neighborhood Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 151 Vegetation blocking visibility on corners or along the edge of roads or street and unreasonably impeding the view of motor vehicles traveling along public roadways is expressly forbidden and vegetation that grows to cause this problem must be trimmed or removed. 14. Penalty. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. Upon conviction thereof, may be punished in accordance with the statutory penalties assigned to misdemeanor offenses, as those may be changed from time to time. The costs of prosecution may also be added. 15. Severability. It is the intention of the City Council that several provisions of this Section are severable. If any Court of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall not affect any other provisions of this Section not specifically included in such judgment. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 152 SECTION 27. TREE PRESERVATION 1. Purpose. 1. The purpose of this Section is to preserve and protect the unique natural environment of the City of Gem Lake and provide for minimal tree loss and mitigation of tree removal in wooded areas of the City. It also provides for protection of natural barriers provided by trees or shrubs along the borders of our city, along major roads and between differing land uses. 2. Tree cover and natural barriers are beneficial in terms of aesthetics, screening, cooling, wildlife habitat protection, watershed control, air quality enhancements, erosion control and preservation and enhancement of property values. Land alteration that causes destruction of trees or shrubs diminishes and impairs the public health, safety and general welfare. The intention of this Section is to provide regulations relating to the cutting and removal of trees in areas where the natural vegetation or topography are to be altered. 2. Severability. 1. It is the intention of the City Council that the several provisions of this Section are severable and that if any court of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall not affect any other provisions or this Section not specifically included in such judgment. 3. Interaction between This Section and Other Sections. 1. In the event of conflicting requirements imposed by this Section or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 4. Wording of This Section. 1. Words used in the present tense include the past and future tense; the singular includes the plural; and the plural includes the singular. The word "shall" is mandatory and the "may" is permissive. The masculine gender includes the feminine. 5. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 6. Protection Standards. 1. No land alteration shall occur until the City finds that the planned land alteration complies with the following: 1. Maximum Possible Preservation. All land alteration shall be conducted so that the maximum amount of woodland and natural screening and barriers are preserved by the clustering of structures wherever possible, or by the use of other appropriate methods. Measures shall be taken to protect and preserve all trees and shrubs in the preservation area as described. 2. Protection of Root Zones. Grading, contouring, paving and any excavation or trenching shall not detrimentally affect the aeration or permeability of the root zone in the preservation area. 7. Data Submission. 1. The applicant shall submit data to the City, at the time of a preliminary plat submission or whenever land alteration (as described in this Ordinance) is planned, that outlines the conformance to this Ordinance. This submission shall include: 1. The name and address of the person preparing the plan and applying for a permit to do this alteration; and 2. The name and address of the person who owns the land that is to be altered; and 3. The estimated period of time within which this land alteration will be conducted; and 4. A topographical map of the land on which the proposed land alteration is to occur having a scale of one inch equals 100 feet and showing the ground elevation contours at two foot intervals. The map shall also show: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 153 1. The land as it exists prior to the proposed land alteration including, a minimum one-hundred (100') feet of the abutting properties; and 2. The proposed ground elevation contours at 2 foot intervals on the land when the propo sed land alteration is complete; and 3. A re-grading, drainage and planting plan, if appropriate. 2. A statement relating to the proposed use of the land including the type of building or structure situated thereon or to be constructed, and 3. A tree inventory, certified by a registered land surveyor, landscape architect or forester depicting the size, species, condition and location of each significant tree by species, diameter and condition, and 4. Identification of significant trees that will be lost due to the proposed land alteration and those which will be preserved, and 5. Identification of all significant trees within 30 feet of the grading limit, and 6. Identification of all natural barriers of trees or shrubs. 8. Removal Thresholds. 1. Although the applicant must retain the maximum amount of woodland possible, the City recognizes that a certain amount of significant trees and tree cover removal is an inevitable consequence of the urban development process. 2. Therefore, in the following Zoning areas or Zoning Districts listed in Column I, a percentage of the woodland may be removed without any obligation for reforestation, but only up to and including the threshold percentage of Woodland listed in Column II. If the land alteration results in woodland removal that exceeds the percentage listed in Column II, then the applicant shall be responsible to replace the trees in accordance with Section 27.9 of this Ordinance. 3. Natural borders may not be removed or altered without the written permission of the City. 4. Intensive vegetation clearance within the shore land area and on steep slopes is prohibited. 5. Table of Zoning District and Tree Removal Threshold: Tree removal in excess of the thresholds shown requires Planning Commission and City Council approval and reforestation. Column I Zoning Area or District Column II Removal Threshold Single Family Estate – RE – Residential 25% Single Family Executive – RX – Residential 25% Single Family (1 acre) – RO – Residential 25% Single Family – RS – Residential 25% Gateway – G – Commercial 25% Open Space / Recreational Overlay – OS / R 10% Shore Land – All Districts 10% Natural Barrier – All Districts 0% Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 154 9. Reforestation. 1. Tree Removal beyond the Removal Threshold. 1. If the land alteration results in tree removal beyond the tree removal thresho ld in Section 27.8 of this Ordinance, or as defined in Section 27.6 of this Ordinance, or a natural barrier is to be altered or removed, the applicant shall be required to submit a reforestation plan. The reforestation plan must be submitted and approved by the City Forester prior to final plat approval, if a subdivision is being done, or before the work of land alteration is begun. The reforestation plan shall include: 1. Location of proposed reforestation, and 1. Species and size of proposed plantings, and 2. Quantity of proposed plantings. 2. Reforestation Plan. 1. The reforestation plan shall comply with the following criteria: 1. Tree replacement will be predicated on the total number of diameter inches of significant trees removed beyond the threshold limits. 2. Actual replacement quantities shall be adjusted based on the type of trees removed in accordance with the following guidelines: 1. Class A - Conifer or Softwood- predominantly Poplar, Box Elder, Cottonwood, Aspen and Conifers: 75 % 2. Class B - Mixed Hardwoods - predominantly species other than Oak including, but not limited to, Cherry, Birch, Walnut, Elm, Ironwood, Maple, Basswood, Ash: 100 % 3. Class C - Hardwood - Predominantly mature Oaks: 125% 3. Where Trees are to be Located. 1. Trees to be provided as part of a reforestation plan shall be located adjacent to the development or proposed structures in areas such as yard setbacks, on outlots or common areas, at the project entrance area, in buffer zones between different land uses or roads, or at other locations as directed by the City. Reforestation shall occur in such a way as to replace trees removed with desirable trees of the same or similar species and/or densities. These trees must be planted based on the frequency and density as determined by the City Forester. 4. Sizes and Type of Replacement Trees. 1. Replacement trees must be no less than the following sizes: 1. Deciduous trees: 1. No less than two and one-half (2½") inches in diameter on steep slopes, or 2. No less than three (3") inches on all other grades. 2. Coniferous trees: 1. No less than six (6') feet high on steep slopes, or 2. No less than seven (7') feet high on all other grades. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 155 10. Construction Damage to Significant Trees in or Near the Preservation Area. 1. Significant trees which are within thirty (30) feet of the proposed grading limit shall be surveyed by the applicant. Any significant tree that the applicant commits to preserve that is subsequently damaged, during or as the result of construction, shall be replaced by the applicant on a one for one diameter inch basis. 11. Agreement to Replace Trees. 1. The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in connection with which trees are required to be replaced by the provisions in this Ordinance, shall enter into such written agreements or arrangements with the City of Gem Lake in such form and substance as shall be approved by the City, whereby the applicant shall undertake to comply with the provisions and conditions imposed by this Ordinance and in connection with any such approval or issuance of a per mit and shall further provide that the applicant shall indemnify the City against any loss, cost or expense, including an amount as and for reasonable attorneys' fees incurred in enforcing the terms of such agreement or agreements; and 2. Provide security for the performance of its obligations pursuant to such agreement or agreements. The security may consist of a bond, letter of credit, cash, or escrow deposit, all in such form and substance as shall be approved by the City. 1. The amount of this security shall be $ 1,000 or 150% of the estimated cost to furnish and plant the replacement trees (estimated cost) whichever is greater. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for furnishing and planting of replacement trees. The estimated cost shall be subject to approval by the City, and in the event the estimated cost is not approved, the City shall have the right, in its sole discretion, to determine the escrow amount. 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction. 1. When This Section Applies. This section shall only apply to collector and arterial road and trunk and lateral utility construction projects. All interior roads and utility services will be required to adhere to applicable zoning district thresholds. 2. Road and Utility Construction. Significant trees shall not be destroyed or removed within the right-of-way unless such destruction or removal is absolutely necessary because of engineering, safety, sight distances, or maintenance requirements and acceptable alternate means of construction or alternate routes are not possible. Such reasons must be submitted for review by the City. 3. Reforestation. If the road or utility construction destroys or removes fifty (50%) percent or less of the significant trees or tree cover in the right-of-way, then the person or entity conducting the construction shall not be responsible for reforestation. If, however, more than fifty (50%) percent of the significant trees or tree cover within the easement or right-of-way are destroyed or removed, the person conducting the construction shall be responsible for the following: 1. Filing a landscape bond pursuant to Section 27.11; and 2. Replacement of trees that exceed the fifty (50%) percent threshold shall be in accordance with Section 27.9 of this Ordinance. The replacement trees shall be planted on the adjoining setback areas, assuming the adjoining landowners consent. Otherwise, the replacement trees shall be planted at locations as determined by the City. 13. Exceptions to This Ordinance. 1. The requirements of this Ordinance shall not apply to the removal of trees which are dead, diseased, seriously damaged by storm, or other acts of nature. 14. Tree Replacement. 1. Replacement trees shall be planted not later than 12 months after the date the land alteration has commenced. If the applicant is prevented from performing within this time limit, because of unforeseen circumstances beyond the applicant’s control, the City Forester may extend the time for performance. The applicant shall inform the City Forester when all replacement trees have been planted, at which time the City Forester shall inspect the site. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 156 2. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statues Section 18.46 or other trees ("wilding trees") so long as the wilding trees comply with the following standards. A wilding tree measured in diameter inches shall not exceed the maximum height as shown below: 3. Table 27.14.3 Diameter of Tree in Inches Maximum Height of Trees in Feet Two (2.0”) Inches Eighteen (18’) Feet Two and One-Half (2.5”) Inches Eighteen (18’) Feet Three (3.0”) Inches Twenty (20’) Feet Three and One-Half (3.5”) Inches Twenty (20’) Feet Four (4.0”) Inches Twenty-Four (24’) Feet Five (5.0”) Inches Twenty-Eight (28’) Feet 4. The lowest branch of a wilding tree shall be at a height above the surface of the ground not more than one-half of the total height of the tree. (Example, a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) 5. Trees planted in place of missing, dead or un-healthy replacement trees shall consist of only "certified nursery stock" as defined by Minnesota Statues, Section 18.46. 15. Release and Retention of Performance Security. 1. Release of Performance Security. 1. The performance security shall remain in effect for not less than one (1) year after the date that the last replacement tree has been planted. The City may release the performance security at that time unless the City Forester, upon inspection, finds that any of the replacement trees have died or are unhealthy, or if there was any encroachment upon the protective fencing surrounding any tree to be saved. 2. If the applicant supplies proof of a nursery guarantee which is approved by the City Forester, then the performance security posted by the applicant shall be released upon planting of the last guaranteed tree. The nursery guarantee shall remove liability from the applicant and responsibility will be placed upon the nursery or current land owner. 2. Retention of All or Portion of Performance Security. The City may retain the portion of the performance security equal to the cost of removing dead or unhealthy trees and replanting replacement trees. 16. Penalty. 1. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor, and prosecuted and upon conviction thereof, shall be punished by a fine established in the City of Gem Lake fee schedule, as amended, or by imprisonment not to exceed ninety (90) days, or both. The costs of prosecu tion may also be added. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 157 SECTION 28. ENVIRONMENTAL REVIEW 1. State Law Adopted. 1. The City of Gem Lake hereby adopts the provisions of Minnesota Statutes, § 116D.04 and 116D.045, and Minnesota Rules Chapter 4410, as those laws and rules may be amended or altered from time to time, and makes those provisions a part of this section as if fully set out herein. 2. Applications. 1. The provisions of this section shall apply to all land use applications submitted to the City, including but not limited to zoning amendments, planned unit development applications, subdivision applications, shoreland and wetland permits, variances, conditional use permits, and nonconforming use permits. The intent of this ordinance is to standardize the City’s process for determining when to require review by Environmental Assessment Worksheet (“EAW”) or Environmental Impact Statement (“EIS”). 3. Determination of Need for Environmental Review. 1. The City Planner shall be the person responsible for the administration of this section, and the rules adopted by reference by this section. 2. The City Planner shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under Minn. R. 4410.4300 and/or an EIS is mandatory under Minn. R. 4410.4400. The planner shall also determine those proposed actions for which a discretionary EAW may be required under Minn. R. 4410.1000, Subp. 3, and shall notify the Planning Commission and the City Council of these proposed actions. 3. If the City Planner identifies a proposal as potentially requiring a discretionary EAW, or if the City receives a petition for EAW determination from the Environmental Quality Board, the decision to require an EAW must be made by the City Council. The planner’s notice or EQB petition shall be referred to the Planning Commission, which shall make a recommendation to the City Council. The City Council’s decision on whether or not to require an EAW shall take place no later than 30 days from receipt of the planner’s notice or petition from the EQB. Notice of the council’s decision shall be sent to the proposer within five (5) days of the decision. Copies of this notice shall also be sent to the EQB and petitioners’ representative if the determination was triggered by a citizen petition. 4. If the City Planner identifies a proposal as requiring mandatory environmental review, the planner may require that review process to begin immediately. 4. Procedures on Determination that EAW is Required. 1. If an EAW is required, the proposer of the project shall submit an “Application for Environmental Review” along with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to reimburse the City prior to the issuance of any permits for all reasonable costs, including legal and consultants’ fees, incurred in preparation and review of the EAW. The proposer shall make a deposit of five thousand dollars ($5,000.00) with the City Treasurer to be held in escrow for the payment of these costs. Any unexpended funds remaining after final consideration of the EAW by the City Council shall be returned to the proposer within thirty (30) days of the Council’s decision. 2. The City Planner shall promptly review the application for completeness and accuracy. If the city planner determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the missing data. If the city planner determines that the submittal is complete, the proposer shall be notified of the acceptance of the submittal within five days. The City shall have 30 days from notification to add supplementary material to the EAW, if necessary, and to approve the EAW for distribution. 3. Upon completion of the EAW for distribution by the city planner, the City Clerk shall provide mailed notice of the availability of the EAW and date of the meeting at which the Planning Commission will consider the matter to all property owners within at least seven hundred and fifty (750) feet of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at minimum ten (10) days before the date of the Planning Commission meeting during which the EAW will be considered. Failure of a property owner to receive notice shall not invalidate any such proceedings on the EAW or the underlying land use proposal. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158 4. The City Clerk shall also send the notices, copies and other material required by Minn. R. 4410.1500 within five (5) days of the planner’s approval of the EAW. 5. The City Clerk shall receive and collect all written comments on an EAW submitted during the 30-day EAW review and comment period. The planning commission and city council may take public comment on the EAW during the 30-day period, provided that notice of the comment time is published and mailed to the proposer at least ten (10) days prior to the date the commission or council plans to take public comment. 6. When reviewing an EAW or EIS, city staff and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for approving the land use proposal when it finds that the design alterations are necessary to lessen the environmental impact of the action. 7. The Planning Commission shall review the EAW and all public commentary after the close of the comment period, and make a recommendation to the City Council regarding the need for an EIS. The City Council shall meet no less than 3 days and no more than 30 days after the close of the comment period to decide whether an EIS is needed for the land use proposal. Both the Planning Commission and the City Council shall use the standards and procedures set forth in Minn. R. 4410.1700 to guide their recommendations and decisions. 5. Procedures when an EIS is Required. The City shall apply and follow the guidance of Minn. Stat. § 116D.045 and Minn. R. 4410.2000 – 4410.3000 in the preparation and review of a required EIS. 6. Prohibition on Approvals During Environmental Review. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied in adequate detail and until the environmental review process has been completed as provided in this article, and pursuant to any written agreements entered into by the applicant for the permit or permits and the City Council. 7. Severability. It is the intention of the City Council that the several provisions of this section are separate and that it any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such judgment shall not affect other provisions of this section not specifically included in such judgment. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 159 SECTION 29. STORM SEWER USE 1. Purpose and Intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the City of Gem Lake through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are: 1. To regulate the contribution of pollutants to the MS4 by storm water discharges by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this section. 2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Gem Lake. 3. Responsibility for Administration. The City of Gem Lake shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the City of Gem Lake may be delegated in writing by the Gem Lake City Administrator of the City of Gem Lake to persons or entities acting in the beneficial interest of or in the employ of the City of Gem Lake. 4. Compatibility with Other Regulations. This section is not intended to modify or repeal any other section, ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other section, ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other section, ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 5. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. 6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore this section does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 7. Discharge Prohibitions. 1. Prohibition of Illegal Discharge. 1. No person shall directly or indirectly discharge, cause, or allow others under its control to directly or indirectly discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. 2. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this section: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation w ater, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges, and street wash water. 2. Discharges or flow from firefighting, and other discharges specified in writing by the City of Gem Lake as being necessary to protect public health and safety. 3. Discharges associated with dye testing; however this activity requires a verbal notification to the City of Gem Lake prior to the time of the test. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 160 4. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 2. Prohibition of Illicit Discharge. 1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 4. Improper connections in violation of this section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Gem Lake. 5. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Gem Lake requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or ot her, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Gem Lake. 8. Watercourse Protection. Every person owning property through which a watercourse passes and/or contains a stormwater inlet or catch basin, or such person's lessee, shall keep and maintain that part of the watercourse and/or stormwater inlet o r catch basin within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 9. Industrial or Construction Activity Discharge. Submission of Notice of Coverage/Authorization to the City of Gem Lake . 1. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Gem Lake prior to the allowing of discharges to the MS4. 2. The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial or construction activity shall submit a copy of the coverage notification or notification of permit authorization to the City of Gem Lake. 3. The copy of the coverage notification or notification of permit authorization may be delivered to the City of Gem Lake either in person or by mailing it to: City of Gem Lake 4200 Otter Lake Road Gem Lake, MN 55110 4. A person commits an offense if the person operates a facility that is discharging storm water associated with industrial or construction activity without having submitted a copy of the coverage notification or notification of permit authorization to do so to the City of Gem Lake. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 161 10. Compliance Monitoring. 1. Right of Entry: Inspection and Sampling. The City of Gem Lake shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this ordinance. 1. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City of Gem Lake. 2. Facility operators shall allow the City of Gem Lake ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. The City of Gem Lake shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City of Gem Lake to conduct monitoring and/or sampling of the facility's storm water discharge. 4. The City of Gem Lake has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger. Sampling and monitoring activities and equipment, including installation, maintenance, and removal shall be at the discharger’s own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City of Gem Lake and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing the City of Gem Lake access to a permitted facility is a violation of a storm water discharge permit and of this section. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial or construction activity commits an offense if the person denies the City of Gem Lake reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. 2. Search Warrants. If the City of Gem Lake has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Gem Lake may seek issuance of a search warrant from any court of competent jurisdiction. 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices. The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and non-structural Best Management Practices. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said perso n's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial or construction activity, to the extent practicable, shall b e deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit. 12. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, at their own expense. In th e event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City of Gem Lake in person or by phone or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Gem Lake within two (2) business days of the phone notice. If the disc harge of prohibited materials Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 162 emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on - site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at l east three (3) years. Failure to provide notification of a release as provided above is a violation of this section. 13. Salt and Deicer Storage Requirements. Property owners of commercial, institutional, and non-NPDES permitted industrial facilities must employ best management practices to minimize the discharge of polluted runoff from salt and deicer storage and application as follows: 1. Designated salt and deicer storage areas must be covered or indoors; 2. Designated salt and deicer storage areas must be located on an impervious surface; and 3. Implementation of Best Management Practices (BMPs) to reduce exposure when transferring material in designated deicer storage areas (e.g., sweeping, diversions, and/or containment). 14. Violations, Enforcement, and Penalties. 1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City of Gem Lake is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City of Gem Lake is authorized to seek costs of the abatement as outlined in Section 20. 2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any provision of this section, or any order issued hereunder, the City of Gem Lake may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City of Gem Lake to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. 3. Notice of Violation. Whenever the City of Gem Lake finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Gem Lake may order compliance by written notice of violation to the responsible person. Such notice may require without limitation, at their own expense: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 15. Costs. In addition to the other penalties provided herein, the City of Gem Lake may recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation or enforcement by an appropriate action against the person or entity found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 163 16. Suspension of MS4 Access. 1. Emergency Cease and Desist Orders. When the City of Gem Lake finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) c aused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Gem Lake may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1. Immediately comply with all ordinance requirements; and 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. 2. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The City of Gem Lake may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City of Gem Lake that the period of endangerment has passed, unless further termination pro ceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the City of Gem Lake within five (5) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. 3. Suspension Due to Illicit Discharges in Emergency Situations. The City of Gem Lake may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. 4. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City of Gem Lake will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Gem Lake for a reconsideration and hearing. 5. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section, without the prior approval of the City of Gem Lake. 17. Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the City of Gem Lake shall deem appropriate, after the City of Gem Lake has taken one or more of the actions described above, the City of Gem Lake may impose a penalty not to exceed $ 1,000.00 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. 18. Criminal Penalties. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment for not to exceed ninety (90) days or both. 19. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the City of Gem Lake. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation, except in the instance where a Cease and Desist Order is issued as described in Section 13, then the notice of appeal must be received within ten (10) days from the date of the Cease and Desist Order. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 164 20. Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the municipal authority upholding the decision of the City of Gem Lake, then representatives of the City of Gem Lake shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the propert y. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 21. Cost of Abatement of the Violation. Within forty-five (45) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charge s shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Gem Lake by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight (8) percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation. 22. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 23. Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulativ e remedies. The City of Gem Lake may recover all attorney’s fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. 24. Effective Date. This section shall take effect and be in force from and after its passage and publication. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 165 SECTION 30. ADOPTION AND ENACTMENT 1. The Ordinance changes contained herein will take effect immediately upon adoption by the City Council and publication of a summary of this document, but not later than thirty (30) days from the date below. 2. The Legend of this Ordinance shall be updated to reflect the date and changes made. 3. This Ordinance, previously identified as Ordinance No. 43K shall now be known as Ordinance No. 131, City of Gem Lake Consolidated Land Use Ordinance, which replaces and supersedes all previous versions of same. 4. This City of Gem Lake Consolidated Land Use Ordinance was unanimously adopted with amendments defined in Ordinance No. 131, Appendix A, by the City Council of the City of Gem Lake on the 21st day of November in the year 2017 and ordered for summary publication in the City’s official newspaper. Gretchen Artig-Swomely, Mayor Melissa Lawrence, Acting City Clerk Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 166 Historical Changes Ordinance Description Enactment 43K Zoning Ordinance (incorporated into 131) Section 15.2.2 (2-4) 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred fifty (150) one hundred eighty two (182); 3. A maximum of one-hundred twenty (120) eighty two (182) “full- day equivalent” students with a full-day* defined as ten (10) hours; 4. The “full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,200 1,820, which is 120 182 students times 10 hours. 19 April 2023 43K Zoning Ordinance (incorporated into 131) Section 15.6 (1-2) 1. The total lot coverage of all buildings and other structures shall not exceed fifteen thirty (15%) (30%) percent. 2. The minimum open space requirement for any proposed use shall be twenty-five (25%) (20%) percent, including green areas not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces. 19 April 2023 43K Zoning Ordinance (incorporated into 131) Section 22. Erosion, Sediment, and Waste Controls and Stormwater Management o The section title was revised to better align with the content. o Erosion, Sediment, and Waste Controls: ▪ There are minor changes to the Criteria subsection to align with the MS4 permit. ▪ An Erosion and Sediment Control Plan subsection was created to provide clarity to proposers on submittals to the City for review. o Stormwater Management: ▪ Changes to the Regulation subsection are proposed to align with the MS4 permit requirements. ▪ Changes to the Criteria subsection are proposed to provide updated and clear design standards for project proposers. ▪ Changes to the Alternative Compliance subsection are proposed to align with the MS4 permit requirements. ▪ A Stormwater Management Plan subsection was created to provide clarity to proposers on submittals to the City for review. o Not-applicable information was removed from the section. o Other minor revisions to content and formatting. 17 October 2023 43K Zoning Ordinance (incorporated into 131) Section 29. Storm Sewer Use o A subsection for Salt and Deicer Storage Requirements was added per the MS4 permit requirements 17 October 2023 Zoning Maps Updated Figures 1a and 1b (Zoning Maps) were updated, previous version was last updated in 2017. Updates were to the symbology and parcel lines. 14 March 2024 Building Type 15a and Automotive Dealership Use (incorporated into 131) Section 9.6 o Figure 15a ‘Automotive Dealership’ building type template o Figure 17 amended to include ‘Automotive Dealership’ as a permitted use in the Automotive Dealership building type template. 17 September 2024 City of Gem Lake, Ramsey County, Minnesota Ordinance No. 131 Consolidated Land Use Ordinance Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 1 TABLE OF CONTENTS SECTION 1. TITLE. ............................................................................................................................................................................ 6 SECTION 2. INTENT AND PURPOSE. ................................................................................................................................................. 6 1. Intent .......................................................................................................................................................................................... 6 2. Purpose. ...................................................................................................................................................................................... 6 SECTION 3. RULES AND DEFINITIONS. .............................................................................................................................................. 6 1. Rules. .......................................................................................................................................................................................... 6 2. Definitions. .................................................................................................................................................................................. 7 SECTION 4. ZONING DISTRICTS AND MAP. ....................................................................................................................................... 7 1. Districts. ...................................................................................................................................................................................... 7 2. Map ............................................................................................................................................................................................. 7 3. Boundaries .................................................................................................................................................................................. 7 SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT. .................................................................................................. 12 1. Permitted Uses ......................................................................................................................................................................... 12 2. Permitted Accessory Uses......................................................................................................................................................... 12 3. Conditional Uses. ...................................................................................................................................................................... 12 4. Interim Uses .............................................................................................................................................................................. 12 5. Height Regulations .................................................................................................................................................................... 13 6. Area, Frontage and Yard Requirements. .................................................................................................................................. 13 SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT ............................................................................................. 15 1. Permitted Uses ......................................................................................................................................................................... 15 2. Permitted Accessory Uses......................................................................................................................................................... 15 3. Conditional Uses ....................................................................................................................................................................... 15 4. Interim Uses. ............................................................................................................................................................................. 16 5. Height Regulations .................................................................................................................................................................... 16 6. Area, Frontage and Yard Requirements ................................................................................................................................... 16 SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT ................................................................................................................. 18 1. Permitted Uses ......................................................................................................................................................................... 18 2. Permitted Accessory Uses......................................................................................................................................................... 18 3. Conditional Uses. ...................................................................................................................................................................... 18 4. Interim Uses. ............................................................................................................................................................................. 19 5. Height Regulations .................................................................................................................................................................... 19 6. Area, Frontage and Yard Requirements ................................................................................................................................... 20 SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT .................................................................................................................. 21 1. Permitted Uses ......................................................................................................................................................................... 21 2. Permitted Accessory Uses......................................................................................................................................................... 21 3. Conditional Uses. ...................................................................................................................................................................... 21 5. Height Regulations .................................................................................................................................................................... 22 6. Area, Frontage and Yard Requirements ................................................................................................................................... 23 SECTION 9. GATEWAY “G” DISTRICT .............................................................................................................................................. 24 1. Purposes. .................................................................................................................................................................................. 24 2. Generally Applicable Regulations ............................................................................................................................................. 25 3. Placement of Subzones and Integration with Neighboring Zones ............................................................................................ 27 4. Thoroughfare Standards. .......................................................................................................................................................... 28 5. Civic Space Standards ............................................................................................................................................................... 31 6. Building Type Standards ........................................................................................................................................................... 33 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 2 7. Sub-Zone Uses.. ........................................................................................................................................................................ 52 8. Proposals for Undeveloped Lane or for Large Redevelopment ................................................................................................ 52 9. Plans for Re-development of Single Lots or Small Subdivisions ............................................................................................... 55 10. Parking Regulations .................................................................................................................................................................. 56 11. Design Review Standards .......................................................................................................................................................... 56 SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” ...................................................................................................... 60 1. Intent and Purpose ................................................................................................................................................................... 60 2. Uses........................................................................................................................................................................................... 60 SECTION 11. RESERVED.................................................................................................................................................................. 61 SECTION 12. RESERVED.................................................................................................................................................................. 61 SECTION 13. PLANNED UNIT DEVELOPMENT ................................................................................................................................. 62 1. Purpose. .................................................................................................................................................................................... 62 2. Permitted Uses ......................................................................................................................................................................... 62 3. Coordination with Subdivision Regulation ................................................................................................................................ 62 4. Submission of Material Required for Approval ........................................................................................................................ 63 5. Enforcement of Development Schedule ................................................................................................................................... 63 6. Conveyance and Maintenance of Common Open Space .......................................................................................................... 63 7. Standards for Common or Open Space .................................................................................................................................... 63 8. Review and Amendment .......................................................................................................................................................... 64 SECTION 14. GARDEN OVERLAY DISTRICT. ..................................................................................................................................... 65 1. Findings and Purpose. ............................................................................................................................................................... 65 2. Requesting Garden Overlay. ..................................................................................................................................................... 65 3. Termination of Garden Overlay ................................................................................................................................................ 65 4. Interim Uses. ............................................................................................................................................................................. 66 5. Permitted Accessory Uses......................................................................................................................................................... 66 6. Prohibited Practices. ................................................................................................................................................................. 66 7. General Regulations. ................................................................................................................................................................. 66 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT ........................................................................................................................... 67 1. Purpose. .................................................................................................................................................................................... 67 2. Permitted Uses. ........................................................................................................................................................................ 67 3. Permitted Accessory Uses......................................................................................................................................................... 67 4. Conditional Uses ....................................................................................................................................................................... 67 5. Lot Area and Setback Requirements ......................................................................................................................................... 68 6. Lot Coverage and Height Requirements ................................................................................................................................... 69 7. Landscaping and Screening ....................................................................................................................................................... 69 8. Procedures for Requesting an Overlay ..................................................................................................................................... 69 SECTION 16. GENERAL PROVISIONS ............................................................................................................................................... 73 1. Application of this Ordinance. .................................................................................................................................................. 73 2. Severability. .............................................................................................................................................................................. 74 3. Non-Conforming Uses and Structures. ..................................................................................................................................... 74 4. Lot Provisions. ........................................................................................................................................................................... 74 5. Accessory Buildings. .................................................................................................................................................................. 75 6. Required Yards, Open Space and Heights. ................................................................................................................................ 75 7. Traffic Visibility. ........................................................................................................................................................................ 75 8. Farming Operations. ................................................................................................................................................................. 76 9. Essential Services. ..................................................................................................................................................................... 76 10. (Deleted) ................................................................................................................................................................................... 76 11. (Deleted) ................................................................................................................................................................................... 76 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 3 12. Relocation of Dwelling Units. .................................................................................................................................................... 76 13. Fences. ...................................................................................................................................................................................... 77 14. Outdoor Swimming Pools and Spas. ......................................................................................................................................... 78 15. Land Reclamation. .................................................................................................................................................................... 80 16. Mining. ...................................................................................................................................................................................... 81 SECTION 17. ADMINISTRATION AND ENFORCEMENT .................................................................................................................... 82 1. Enforcing Officer. ...................................................................................................................................................................... 82 2. Building Permit ......................................................................................................................................................................... 82 3. Duties of the Zoning Administrator. ......................................................................................................................................... 82 4. Variances................................................................................................................................................................................... 82 5. Conditional and Interim Use Permits. ....................................................................................................................................... 84 6. Amendments. ........................................................................................................................................................................... 86 SECTION 18. PERFORMANCE STANDARDS ..................................................................................................................................... 89 1. General. .................................................................................................................................................................................... 89 2. Requirements for Consideration .............................................................................................................................................. 89 3. Exterior Storage ........................................................................................................................................................................ 91 4. Refuse ....................................................................................................................................................................................... 92 5. Screening .................................................................................................................................................................................. 92 6. Landscaping .............................................................................................................................................................................. 93 7. Maintenance ............................................................................................................................................................................. 93 8. Lighting and Glare. .................................................................................................................................................................... 93 9. Vibrations .................................................................................................................................................................................. 94 10. Off-Street Loading ..................................................................................................................................................................... 94 11. Traffic Control ........................................................................................................................................................................... 94 13. Architecture .............................................................................................................................................................................. 94 14. Explosives .................................................................................................................................................................................. 95 15. Radiation and Electrical Emissions ............................................................................................................................................ 95 16. Aircraft ...................................................................................................................................................................................... 95 17. Other Nuisance Characteristics ................................................................................................................................................ 95 18. Consistency with Plans and Policies .......................................................................................................................................... 95 19. Clustering and Density Transfer ................................................................................................................................................ 95 20. Park Land Dedications Requirements ....................................................................................................................................... 96 SECTION 19. SIGNS ........................................................................................................................................................................ 98 1. Purpose and Intent ................................................................................................................................................................... 98 2. Findings ..................................................................................................................................................................................... 98 3. Permit Required ........................................................................................................................................................................ 98 4. Inspections and Enforcement ................................................................................................................................................. 100 5. Applicable Standards .............................................................................................................................................................. 101 6. Definitions ............................................................................................................................................................................... 104 7. Severability ............................................................................................................................................................................. 104 SECTION 20. OFF STREET PARKING AREAS ................................................................................................................................... 105 1. Purpose ................................................................................................................................................................................... 105 2. Site Plans ................................................................................................................................................................................. 105 3. General Provisions .................................................................................................................................................................. 105 4. Design and Maintenance of Off-Street Parking Areas ............................................................................................................ 105 5. Required Off-Street Parking .................................................................................................................................................... 106 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS ................................................................... 107 1. General Provisions .................................................................................................................................................................. 107 2. Shoreland Use Controls .......................................................................................................................................................... 107 3. Use of Gem Lake ..................................................................................................................................................................... 109 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 4 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT ............................................... 111 1. Erosion, Sediment, and Waste Controls ................................................................................................................................. 111 2. Stormwater Management ...................................................................................................................................................... 112 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS ........................................................................... 118 1. Purpose and Intent ................................................................................................................................................................. 118 2. Zoning Districts for Construction ............................................................................................................................................ 118 3. Performance Standards .......................................................................................................................................................... 118 4. Proof of Non-Interference ...................................................................................................................................................... 120 5. Tower Setbacks ....................................................................................................................................................................... 120 6. Permit Applications and Plan Review ..................................................................................................................................... 120 7. Exceptions ............................................................................................................................................................................... 120 SECTION 24. WIND ENERGY CONVERSION SYSTEMS .................................................................................................................... 121 1. Purpose ................................................................................................................................................................................... 121 2. Zoning Allowance .................................................................................................................................................................... 121 3. License Required ..................................................................................................................................................................... 121 4. Code Compliance .................................................................................................................................................................... 121 5. Standards for Siting, Installation and Operation of WECS ...................................................................................................... 122 6. Test Towers ............................................................................................................................................................................. 123 7. Inspection ............................................................................................................................................................................... 123 8. Abandonment ......................................................................................................................................................................... 123 SECTION 25. SUBDIVISIONS ......................................................................................................................................................... 124 1. Purpose ................................................................................................................................................................................... 124 2. Jurisdiction .............................................................................................................................................................................. 124 3. Interpretation ......................................................................................................................................................................... 124 4. Requirements ......................................................................................................................................................................... 124 5. Park Land Dedication Requirements....................................................................................................................................... 124 6. Minor Subdivisions ................................................................................................................................................................. 125 7. Severability ............................................................................................................................................................................. 126 8. Conflict and Interaction of Ordinances ................................................................................................................................... 126 9. Rules and Definitions .............................................................................................................................................................. 126 10. Filing and Review Procedures of Plans ................................................................................................................................... 126 11. Design Standards .................................................................................................................................................................... 132 12. Required Basic Improvements ................................................................................................................................................ 135 13. Variances from This Section .................................................................................................................................................... 138 14. Violations and Penalty ............................................................................................................................................................ 138 SECTION 26. LANDSCAPING ......................................................................................................................................................... 140 1. Purpose ................................................................................................................................................................................... 140 2. Definitions ............................................................................................................................................................................... 140 3. Landscaping Requirements for New Construction in Residential Districts ............................................................................. 140 4. Landscaping Requirements for New Construction in Non-Residential Districts ..................................................................... 140 5. General Requirements for All Districts ................................................................................................................................... 141 6. Native Landscapes .................................................................................................................................................................. 142 7. Landscaping of Existing Uses .................................................................................................................................................. 142 8. Screening Requirements in Non-Residential Districts ............................................................................................................ 142 9. Additional Screening Requirements ....................................................................................................................................... 143 10. Screening Methods ................................................................................................................................................................. 143 11. Landscaping Plans ................................................................................................................................................................... 144 12. Performance Surety for Landscaping in Non-Residential Districts ......................................................................................... 144 13. Maintenance of Landscaping in All Districts ........................................................................................................................... 144 SECTION 27. TREE PRESERVATION ............................................................................................................................................... 146 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 5 1. Purpose ................................................................................................................................................................................... 146 2. Severability ............................................................................................................................................................................. 146 3. Interaction between This Section and Other Sections ........................................................................................................... 146 4. Wording of This Section .......................................................................................................................................................... 146 5. Definitions ............................................................................................................................................................................... 146 6. Protection Standards .............................................................................................................................................................. 146 7. Data Submission ..................................................................................................................................................................... 146 8. Removal Thresholds ................................................................................................................................................................ 147 9. Reforestation .......................................................................................................................................................................... 148 10. Construction Damage to Significant Trees in or Near the Preservation Area......................................................................... 149 11. Agreement to Replace Trees .................................................................................................................................................. 149 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction ............................................................................... 149 13. Exceptions to This Ordinance ................................................................................................................................................. 149 14. Tree Replacement ................................................................................................................................................................... 149 15. Release and Retention of Performance Security .................................................................................................................... 150 16. Penalty .................................................................................................................................................................................... 150 SECTION 28. ENVIRONMENTAL REVIEW ...................................................................................................................................... 151 1. State Law Adopted .................................................................................................................................................................. 151 2. Applications ............................................................................................................................................................................ 151 3. Determination of Need for Environmental Review ................................................................................................................ 151 4. Procedures on Determination that EAW is Required ............................................................................................................. 151 5. Procedures when an EIS is Required ....................................................................................................................................... 152 6. Prohibition on Approvals During Environmental Review ....................................................................................................... 152 7. Severability ............................................................................................................................................................................. 152 SECTION 29. STORM SEWER USE ................................................................................................................................................. 153 1. Purpose and Intent ................................................................................................................................................................. 153 2. Applicability ............................................................................................................................................................................ 153 3. Responsibility for Administration ........................................................................................................................................... 153 4. Compatibility with Other Regulations .................................................................................................................................... 153 5. Severability ............................................................................................................................................................................. 153 6. Ultimate Responsibility ........................................................................................................................................................... 153 7. Discharge Prohibitions ............................................................................................................................................................ 153 8. Watercourse Protection ......................................................................................................................................................... 154 9. Industrial or Construction Activity Discharge ......................................................................................................................... 154 10. Compliance Monitoring .......................................................................................................................................................... 155 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices ............ 155 12. Notification of Spills ................................................................................................................................................................ 155 13. Salt and Deicer Storage Requirements ................................................................................................................................... 156 14. Violations, Enforcement, and Penalties .................................................................................................................................. 156 15. Costs........................................................................................................................................................................................ 156 16. Suspension of MS4 Access ...................................................................................................................................................... 157 17. Civil Penalties .......................................................................................................................................................................... 157 18. Criminal Penalties ................................................................................................................................................................... 157 19. Appeal of Notice of Violation .................................................................................................................................................. 157 20. Enforcement Measures after Appeal ...................................................................................................................................... 158 21. Cost of Abatement of the Violation ........................................................................................................................................ 158 22. Violations Deemed a Public Nuisance..................................................................................................................................... 158 23. Remedies Not Exclusive .......................................................................................................................................................... 158 24. Effective Date .......................................................................................................................................................................... 158 SECTION 30. ADOPTION AND ENACTMENT .................................................................................................................................. 159 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 6 Statement on former Zoning Ordinance Number 43 revision K THE ZONING ORDINANCE OF GEM LAKE, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF GEM LAKE, AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS, AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS. The City of Gem Lake does ordain as follows: SECTION 1. TITLE. This Ordinance shall be known, cited and referred to as ORDINANCE NO. 131 CONSOLIDATED LAND USE ORDINANCE except as referred to herein, where it shall be known as “this Ordinance”. SECTION 2. INTENT AND PURPOSE. 1. Intent. The intent of this consolidated land use ordinance is to provide a single source for all real property subjected to development within the City of Gem Lake. It combines zoning (including the Gateway District), subdivisions, signs, landscaping, and tree preservation, into one single ordinance and combines the definitions into one appendix. This Consolidated Land Use Ordinance is to be used in conjunction with Gem Lake’s Comprehensive Municipal Plan to guide development and redevelopment and will serve as the basis from which the merits of proposed development and redevelopment projects will be evaluated. While this consolidated land use ordinance has combined several formerly stand - alone ordinances, it has not changed the scope and intent of those ordinances. Instead, the consolidated land use ordinance simply gathers these several ordinances and places them inside a single ordinance. 2. Purpose. This Ordinance is adopted for the purpose of: 1. Protecting the public health, safety, morals, comfort, convenience and general welfare; 2. Dividing the City into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land; 3. Promoting orderly development of the residential, business and industrial areas; 4. Providing adequate light, air, and convenience of access to property; 5. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and building and the bulk of building in relation to the land and building surrounding them; 6. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City; 7. Supporting the ideals of and providing for local controls consistent with the Gem Lake Comprehensive Municipal Plan as adopted and, from time to time, amended. SECTION 3. RULES AND DEFINITIONS. 1. Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural and the plural singular; 2. The present tense includes the past and future tenses, and the future present; 3. The word “shall” is mandatory, and the word “may” is permissive; 4. The masculine gender includes the feminine and neuter genders; 5. Where words or phrases are not defined within the definitions of this Ordinance, they hall have their ordinary accepted meanings within the context in which they are used; 6. All measured distance expressed in feet shall be to the nearest tenth of a foot. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 7 2. Definitions. See Appendix A at the end of the Ordinance. SECTION 4. ZONING DISTRICTS AND MAP. 1. Districts. In order to carry out the purpose and provisions of this Ordinance, the City of Gem Lake is hereby divided into the following Districts and group of Districts: 1. Residence Districts: 1. “RE” Single Family Estate Residential (5.0 acre minimum lot size) 2. “RX” Single Family Executive Residential (3.0 acre minimum lot size) 3. “RO” Low Density Residential (1.0 acre minimum lot size) 4. “RS” Medium Density Residential (0.5 acre minimum lot size) 2. Gateway District “G” (uses determined by PUD) 3. Open Space / Recreational “OS / R” 2. Map. The boundaries of the above districts are hereby established on that certain map entitled “City of Gem Lake Zoning Map”, dated September 2017 and from time to time amended, which map is properly approved and hereinafter referred to as the “Zoning Map”. This map and all of the notations, references and other information shown thereon shall have the same force and effect as it is fully set forth and described herein. 3. Boundaries. District boundary lines as indicated on said map follow lot lines, the center lines of streets, alleys, or railroads, the center lines of streets or alleys projects, the center of water courses or the corporate limit lines, all as they exist u pon the effective date of this Ordinance or amendments thereto. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map. Where a District boundary line divides a lot o f record which was in single ownership at the time of enactment of this Ordinance and places portions of such lot of record in two (2) or more Use Districts, any portion of such lot with fifty (50'0") feet on either side of such a dividing district boundary line may be used for any use of either Use District; provided, however, if any portion of such lot shall extend beyond the fifty (50'0") feet limitation, the District line as shown shall prevail. Appeals from the Zoning Administrator’s determination and questions of doubt concerning the exact location of District boundary lines shall be heard by the Board of Appeals. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 8 Figure 1a Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 9 Figure 1b Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 10 Figure 1c Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 11 Figure 1c continued SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT. The minimum lot size in the “RE” zoning district is five (5) acres, but most of the existing ‘estates’ are located on land parcels much larger than five (5) acres. All but one of the parcels mapped as “estate” are built upon and are not expected to be subdivide d or re- developed in the near future. This five (5) acre minimum lot size plan allows for land transfers from the least dense land category to a classification that allows for denser development. However, it is important to note that the Gem Lake Comprehensive plan does not project or assume any immediate change in the existing pattern of development on these properties. If, in the future, this land is sub -divided, it would be is possible to include “RS” development along the perimeter thoroughfares of the “RE” area to provide diversity of housing. Principal and accessory buildings should be located so as to allow for possible future subdivision to “RX” or “RS” lots. In o rder to maximize the efficiency of roads and municipal services, master planning, clustering or similar land use concepts should be used when sub-dividing “RE” zoned land to maximize benefits. (Refer to pages 5 -5 and 5-21 of the 2008 Comprehensive plan for the source of these details). 1. Permitted Uses. Within and “RE” Zoned Residential Use District, no structures or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures 2. Permitted Accessory Uses. Within any “RE” Zoned Residential Use District, the following shall be permitted accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage; 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures. 3. Conditional Uses. Within any “RE” Zoned Residential Use District, no structures or land shall be used for the following uses except by Conditional Use Permit: 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. The keeping of agricultural animals on lots greater than one (1.0) acre. 4. Bed and breakfast establishments; 5. Motor homes; 4. Interim Uses. Within any “RE” Zoned Residential Use District, no structures or land shall be used for the following uses except by Interim Use Permit: 1. Family day care home; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 13 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length; 5. Height Regulations. 1. No principal structure shall exceed thirty-five (35'0") feet in height and no accessory structure shall exceed twenty - five (25'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty-five (35'0") feet in height but not more than forty-five (45'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty-five (35'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where natural topography provides for the design and no artificial topographical build up or grading in excess of four (4’0”) feet collectively is required or created; and, 5. Whenever a side or rear elevation exceeds the allowed height for the district, the structure must be further setback from the sire and rear lot lines by the standard setback distance plus two (2’0”) feet for every one (1’0”) foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. 6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 5.5.1 TOTAL AREA 5.0 acres BUILDABLE AREA 50% total area FRONTAGE 200 feet FRONT YARD 50 foot setback SIDE YARD 30 foot setback REAR YARD 50 foot setback OPEN SPACE 75% total area LAKE FRONTAGE 200 feet 1. That portion of a lot considered as the front yard shall be as determined by the City Council. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 14 2. All Residential structures shall be setback at least one-hundred (100’) feet from the ordinary high water level of the lake. The ordinary high water level of the lake shall be as determined by the City Council. 3. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 4. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 5. Accessory structures are to be located no closer than 10 feet from the rear property line. 6. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 15 SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT Most of the presently zoned “RX” land in the City of Gem Lake zoning area is developed. Additional new primary structures wit hin this land use classification will likely be constructed within the range of 3,500 to 10,000 square foot of space, similar to the existing primary structures now in the rest of this district. As additional land is considered for rezoning into this classification by planned re -development and subdivision from the “RE” zoned classification, master planning, clustering and other similar concepts should be used to maximize efficiency of roads and m unicipal services within the district. (Refer to pages 5-6 and 5-22 of the Gem Lake 2008 Comprehensive plan for the source of these details) 1. Permitted Uses. Within any “RX” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures. 2. Permitted Accessory Uses. Within any “RX” Zoned Residential District, the following shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures. 3. Conditional Uses. Within any “RX” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit: 1. Country clubs, golf courses and other private commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50’) feet from any other lot in an “R” District; 2. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 3. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 4. The keeping of agricultural animals on lots greater than one (1.0) acre ; 5. Bed and breakfast establishments; 6. Motor homes; 7. Two (2) family dwellings. 8. Townhomes and Villas, attached and detached through the PUD process. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 16 4. Interim Uses. Within any “RX” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit: 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 5. Height Regulations. 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. 6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 6.5.1 TOTAL AREA 3.0 acres BUILDABLE AREA 20% total area FRONTAGE 150 feet FRONT YARD 40 foot setback SIDE YARD 15 foot setback REAR YARD 35 foot setback OPEN SPACE 50% total area LAKE FRONTAGE 200 feet Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 17 1. A side yard abutting a street shall not be less than twenty (20’) feet. 2. That portion of a lot considered as the front yard shall be as determined by the City Council. 3. All Residential structures shall be setback at least one-hundred (100') feet from the ordinary high water level of the lake and its attendant wetlands. The ordinary high water level of the lake shall be as determined by the City Council. 4. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 5. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 6. Accessory structures are to be located no closer than 10 feet from the rear property line. 7. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 18 SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT The existing structures within this zoning district are single family homes found primarily along the edges of the City of Ge m Lake. This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or as sume any gains in housing units from this Zoning area. It is expected that any new residential construction or re -development in this district would continue to be built in a density of 1 residential unit per acre to maintain the visual feel of the area an d the value of the existing homes. It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning districts, could be zoned as “RO” districts to provide diversity of housing. There are also lots within this district that wo uld allow re- development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en be subdivided in smaller lots. If further residences are added in this district, master planning, clustering and similar concepts would be used to maximize the benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5 -6, 5.21 and 5-23 of the Germ Lake 2008 Comprehensive plan for the source of the above details) 1. Permitted Uses. Within any “RO” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures. 2. Permitted Accessory Uses. Within any “RO” Zoned Residential District, the following uses shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures 3. Conditional Uses. Within any “RO” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit. 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. Bed and breakfast establishments; 4. Motor homes; 5. Two (2) family dwellings. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 19 6. Townhomes and Villas, attached and detached through the PUD process. 7. The keeping of agricultural animals on lots greater than one (1.0) acre. 4. Interim Uses. Within any “RO” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit: 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 5. Height Regulations. 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0 ") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 20 6. Area, Frontage and Yard Requirements. 1. The following minimum requirements shall be observed: Table 7.5.1 TOTAL AREA 1.0 acres BUILDABLE AREA 20% total area FRONTAGE 150 feet FRONT YARD 40 foot setback SIDE YARD 15 foot setback REAR YARD 35 foot setback OPEN SPACE 40% total area 1. A side yard abutting a street shall not be less than twenty (20’) feet. 2. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 3. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 4. Accessory structures must meet the side yard setbacks and are not permitted in front yards unless all of the following conditions are met: 1. The City Council approves the building location. 2. The structure meets all setbacks. 3. The structure is located no closer to the road right-of-way than one-half (1/2) the distance between the principal structure, as measured from the point of the structure closest to the road to the closest location of the road right-of-way. 4. The structure is screened in accordance with City policies, where appropriate. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 21 SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT The existing structures within this zoning district are single family homes found primarily along the edges of the City of Ge m Lake. This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or as sume any gains in housing units from this Zoning area. It is expected that any new residential construction or re -development in this district would continue to be built with a density of approximately one (1) residential unit per acre to maintain the visu al feel of the area and the value of the existing homes. It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning districts, could be zoned as “RS” districts to provide diversity of housing. There are also lots within this district that wo uld allow re- development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en be subdivided in smaller lots. If further residences are added in this district, master planning, clustering and similar concepts need to would be used to m aximize the benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5 -6, 5.21 and 5-23 of the Germ Lake 2008 Comprehensive plan for the source of the above details) 1. Permitted Uses. Within any “RS” Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: 1. Single family, detached dwellings 2. Essential services and essential service structures 2. Permitted Accessory Uses. Within any “RS” Zoned Residential District, the following uses shall be permitted as accessory uses: 1. Attached or detached dwellings for domestic workers; 2. Private garage, car port or parking space; 3. The keeping of not more than two (2) roomers; 4. Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event; 5. Home occupations; 6. Signage. 7. Temporary structures for the purposes of construction on site for a period of time not in excess of such construction; 8. Conservatories for plants and flowers, not including any business, trade or industry; 9. Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc.; 10. Essential services and essential service structures 3. Conditional Uses. Within any “RS” Zoned Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit. 1. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height; 2. Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like; 3. Bed and breakfast establishments; 4. Motor homes; 5. Two (2) family dwellings; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 22 6. Townhomes and Villas, attached and detached through the PUD process; 7. Market gardening and other commercial horticultural uses. 8. The keeping of agricultural animals on lots greater than one (1.0) acre. 4. Interim Uses. Within any “RS” Zoned Residential District, no structure or land shall be used for the following uses except by Interim Use Permit. 1. Family day care home; 2. Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 5. Height Regulations. 1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen (15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point of the roof structure. 2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria: 1. The facade in question should be partially screened from comparable and reasonable vantage point views of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be measured at full growth in the summer season; and, 2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical plane of greater than thirty (30'0 ") feet at any point; and, 3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure for height measurements; and, 4. Lower level walkout design features may be included only in areas where the natural topography provides for the design and no artificial topographical build up or grading change in excess of four (4'0") feet collectively is required or created; and 5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one (1'0") foot above the standard front height; and, 6. Such other factors as the City may determine based upon the special or unique conditions and circumstances of the lot and its surroundings. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 23 6. Area, Frontage and Yard Requirements. 3. The following minimum requirements shall be observed: 1. When on-site septic systems will be used for structures constructed in the “RS” zoning district the following applies: Table 8.5.1 A TOTAL AREA 0.75 acres BUILDABLE AREA 75% total area FRONTAGE 100 feet FRONT YARD 35 foot setback SIDE YARD 15 foot setback REAR YARD 25 foot setback OPEN SPACE 40% total area 2. When city sewer is currently available and will be used for the structures constructed in the “RS” zoning district the following applies: Table 8.5.1 B TOTAL AREA 0.50 acres BUILDABLE AREA 75% total area FRONTAGE 100 feet FRONT YARD 35 foot setback SIDE YARD 15 foot setback REAR YARD 25 foot setback OPEN SPACE 40% total area 4. A side yard abutting a street shall not be less than twenty (20’) feet. 5. Patios, fireplaces, and sheds may be erected within setbacks as long as no part of the structure is closer to the front of the lot than the rear of the principal structure. 6. Barns and stables intended for agricultural use and/or the keeping of agricultural animals shall be setback at least 50 feet from any property line and at least 100 feet from any neighboring principal structure. 7. Accessory structures are to be located no closer than 10 feet from the rear property line. Accessory structures must meet the side yard setbacks and are not permitted in front yards. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 24 SECTION 9. GATEWAY “G” DISTRICT The intent of the Gem Lake Gateway District (“Gateway” or “G”) is intended to allow for development and redevelopment of the real property associated with Hoffman Corner and points westward along Ramsey County Road E extending northward to the border with the zoning districts identified in Sections 5 and 6 of this Ordinance. This area has been the subject of a visioning study an d includes both commercial and residential opportunities as described in the City of Gem Lake Comprehensive Plan and other city documents. As introduced by the visioning plan and envisioned by the Comprehensive Plan, the Gateway will emphasize commercial development and/or redevelopment in the Hoffman Corner intersection which traditionally has been the location of the Gem Lake commercial district. As one moves westward along County Road E, the intent of the Gateway is to transition into more residential type neighborhoods becoming less dense until it transitions to either the Estate Residential district or the Executive Reside ntial district. It may be permissible to apply to rezone the Neighborhood Edge subzone of the G District to existing traditional zoning (RE, RX, RS, RO) provided all setbacks and area requirements of said sections are met. Any such rezoning may preclude the use of Plann ed Unit Development as an option. 1. Purposes. Specifically, the Gateway zoning district will attempt to: 1. Promote development and redevelopment consistent with the visioning plan for the Gateway area by encouraging residential uses in conjunction with commercial and expanded recreational activities which in turn will create an active street life, while enhancing the vitality of businesses and reducing vehicular traffic. 2. Provide for mixed-use development(s) that are carefully planned to promote efficient use of land, parking and roadway systems. 3. Provide enhanced oversight through conditional use permit provisions, to ensure compatibility of mixed uses and consistency with the approved master plan for the site. 4. Ensure compatibility with surrounding neighborhoods. 5. Provide significant incentives to promote mixed-use redevelopment projects. 6. Encourage sustainable architectural, engineering and landscape design that is implemented by responsive green construction practices. 7. Preserve natural resources, minimize the carbon footprint of the City, and establish a key zone within Gem Lake that is respectful of neighboring areas and is instructive for future generations. 8. Encourage pedestrian and bicycle use. 9. Ensure that commercial and residential uses in a development are designed to be compatible with each other. 10. Ensure high standards of site design, spatial relationships, architectural design, building materials and landscape design. 11. Seek to put in place those areas identified in the Comprehensive Plan (as supported by the master plan) that includes four “sub-zones”: 1. Neighborhood Edge. Intended for lower density single-family residential housing development to act as a transition between new mixed-use construction and existing single-family detached structures on adjacent lands. This subzone in its basic form will accommodate single -family dwellings on larger lots, or with application of incentives, more compact homes on common larger lots or on compact lots with enhanced buffers (used in clustering), shared with accessory buildings and generally served from a front or side driveway. This subzone may be used to accommodate the development of public open spaces as identified in Section 10 and Section 18.20 of this Ordinance. 2. Neighborhood General. Intended to begin the transition from purely residential use at low densities to more intensive mixed-use development at the district’s center. This subzone will accommodate a variety of residential structures at varying densities, and also begin to integ rate lower-impact office or retail activities which complement the residential setting. 3. Neighborhood Mixed Use. Intended to establish a neighborhood focus that is distinguished by mixed use buildings, together with denser residential options and smaller-scale commercial and office buildings Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 25 without residential components. This subzone will accommodate a variety of activities and services within easy walking distance from homes throughout the District, supporting daily convenience shopping and personal service needs, and also providing opportunities for public gathering and social contact. 4. Neighborhood Center. Intended for the most urban conditions within all of the shown mixed use areas. The mixture of land uses emphasizes ground-floor retail with offices and residential/rental above (as market acceptance matures) and structures providing commercial space for medium and large–sized retailers. Street frontages throughout this subzone should be pedestrian -oriented, and the public space should be defined by placing building facades at the edge of the sidewalk. Neighborhood Center land that abuts other subzones on the north and west sides will be carefully planned to ensure lower-density buildings. Where developers insert a minimum 200-foot buffer at existing non-Gateway residential properties, or especially along the extreme eastern edge of this subzone, the City may allow as a conditional use multifamily housing, including townhomes, row houses, or apartment buildings three stories or less in height. 2. Generally Applicable Regulations. 1. Relationship to other portions of this Ordinance and other City Ordinances. The requirements of this Section may conflict with or duplicate some portions of this Ordinance. Any such conflict, when it relates to the use of land in the Gateway District, shall be resolved in favor of the language in this Section. All other provision s of this Ordinance apply within the Gateway “G” District, including provisions for Planned Unit Development (PUD) and Institutional Overlay. PUD or institutional overlay proposals may be used in combination with or in place of the regulations and procedures set forth in this Section. All other Gem Lake ordinances which relate to the construction of buildings and use of land included in the Consolidated Land Use Ordinance and other land used Ordinances (including but not limited to the Adult Use Ordinance, Building Code Adoption, and Pawnbroker Ordinance) apply within the Gateway District. 2. Administration, Conditional Uses, Variance, and Appeal. 1. The Building Type standards are intended to be employed and used to entitle the construction of a building upon land in the same manner that listing a use as “permitted” entitled land in other Zones defined by this Ordinance. The processing of conditional use permits, variances, amendments, platted subdivisions and other land use applications which may necessarily accompany an application for building approval in the Gateway District shall be processed simultaneously with the review of the Gateway District proposal, whenever possible. 2. All new construction, remodeling or expansion (except for the remodeling or expansion of single -family detached dwellings) within the Gateway District requires a Zoning Compliance Permit. The Zoning Compliance Permit is indefinite in duration and the entitlements stated on the permit shall run with the land. A Zoning Compliance Permit is granted after determination that the proposal complies with all applicable standards set forth within this Section (Thoroughfare Standards, Civic Space Standards, Building Type Standards, Parking, and Design Standards). As set forth below, the final approval for the Zoning Compliance Permit will come from the City Council for proposals which require Council approval in some form (such as a platted subdivision or conditional use permit), and the Zoning Administrator for proposals which do not otherwise require Council review (such as single buildings or minor subdivisions without variances). 3. For the purpose of providing administrative review and processing of development proposals within the Gateway District, the City Council hereby appoints the Zoning Administrator to serve as the primary point of contact between the City and applicants for zoning approval. Upon receipt of an application for land use in the Gateway District, the Zoning Administrator shall ensure that the application is complete within five (5) business days of receipt. If the application is not complete, the Zoning Administrat or shall return all materials with an explanation of what is required to make the application complete. When the application is determined to be complete, the Zoning Administrator shall distribute copies of all submitted documents to the City’s appointed consultants in architecture, engineering and planning. The Zoning Administrator shall obtain written comment on the application from each consultant before the scheduled Planning Commission review of the application, or before making an administrative appro val where authorized. 4. If a City consultant identifies a failure to meet the standards of this Section, the Zoning Administrator may not administratively approve a permit for the proposal. The Zoning Administrator shall meet with the Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 26 applicant to attempt to resolve the deficiency, and re-submit any revised or clarified proposal to the consulting professional who identified the problem for review. If the consultant agrees that the deficiency is corrected, the Administrator may issue the permit. 5. For applications on a City Council approval track, the Zoning Administrator shall also attempt to resolve any deficiencies noted in consultant review with the applicant prior to the final Council action on the proposal. The Planning Commission and City Council may choose to act on the proposal within their reasonably used discretion, even if the matter is not resolved prior to final action. 6. All applicants seeking a Zoning Compliance Permit must submit a development plan with their application. 7. Conditional Uses. All elements of a development plan which require conditional use permit approval may be combined into a single conditional use permit application for the proposal, with a single applicable CUP fee for review and processing in addition to other required application fees. Portions of proposed buildings which may be used for permitted or conditional uses need not apply for conditional use approval as part of the development application, unless the tenant, occupant or owner of the space is kno wn at the time of application and will need a conditional use permit. All applications for conditional use permit approval shall otherwise be processed in the same manner as other applications for conditional use permit approval, using the procedures and criteria stated in Section 17.5 of this Ordinance. 8. Any variances requested in connection with a Gateway District development proposal shall be processed in the same manner as variances from other Sections of this Ordinance, using the procedures and criteria stated in Section 17.4 of this Ordinance. 9. Any applicant aggrieved by a decision, mandate or other action of the Zoning Administrator may appeal the matter in the manner provided by Section 17.7 of this Ordinance. 3. Existing Uses and Structures at Adoption of Chapter. The standards generally applicable under Section 16.3 of this Ordinance shall apply to existing structures and uses located within the Gateway District upon the adoption of this Section, or existing on land later added to the Gateway District by re-mapping on the date a new zoning map becomes effective. An applicant seeking a building permit to materially alter or expand a legally nonconforming structure within the Gateway District shall submit a partial development plan, containing information as requested by the Zoning Administrator to allow review of the alteration or expansion’s compliance with Design Review requirements set forth at 9.8 and the Connectivity Requirements set forth at 9.5.3. 4. Incentives. The City Council may establish incentives which apply to encourage certain types of land use or preservation activity within the Gateway District. The Council may set the incentives by adopting a separate ordinance which identifies clearly the item or items the Council seeks to encourage, the allowance or allowances which the Council is willing to offer applicants, and sufficient criteria to allow the Zoning Administrator and City consultants to evaluate and score applications seeking to apply the incentives and allowances. The following text is an example only: The City of Gem Lake seeks to improve transit options within the City. Proposals which incorporating public transit options into an overall development plan will receive enhanced civic space credit for the space dedicated to the public transit option. Space bonuses will apply as follows: Bus waiting area, uncovered: 2% bonus Bus waiting area, covered: 4% Bus waiting area, integrated w/ building: 8% Bus Rapid Transit access: 10% Rail access or access to station: 10% Rail transit station: 30% Intermodal transit center: 50% Proposed spaces must meet the criteria for public transit facilities established by the Metropolitan Council in order to qualify for space bonuses. The City Council shall approve all requests for transit incentive bonuses. The Zoning Administrator shall consult with the City Engineer to review and make recommendations on the request for incentive treatment within an application. The ability to alter or change incentives may not be used to allow a variance from the standards of this Section or this Ordinance overall. An ordinance establishing or modifying available incentives shall not take effect until 45 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 27 days after adoption and publication and shall not apply to any applications filed with the City prior to the effective date. The ordinance creating incentives may, at the City Council’s discretion, provide a method for an applicant to propose an incentive as part of a development application in lieu of only seeking a modification of dimension or placement standards through amendment or variance. 3. Placement of Subzones and Integration with Neighboring Zones. 1. The Gateway district is composed of four (4) sub-zones: 1. Neighborhood Edge; 2. Neighborhood General; 3. Neighborhood Mixed-Use; 4. Neighborhood Center. 2. Mapping Requirements. The City Council shall assign the sub-zones to land included within the Gateway District. The Council shall assign land to each sub-zone without reference to existing lot lines or tax parcels contained within the Gateway District. In assigning land to sub -zones, the Council shall at a minimum: 1. Assign all land lying within 200 feet of a developed parcel zoned Estate Residential (RE) or Executive Residential (RX) as Neighborhood Edge; and 2. Not assign any land lying within 450 feet of a developed parcel zoned Estate Residential (RE) or Executive Residential (RX) as Neighborhood Center. 4. Thoroughfare Standards. Streets, sidewalks and other pedestrian or bicycle ways within dedicated rights-of-way shall be considered and designed together as “thoroughfares.” The street and pedestrian circulation system in any development plan shall be used to organize and define the community, acting as functional and visual links between neighborhoods, the neighborhood center, civic and commercial areas and open space. The circulation system shall be based on a defined, interconnected network to provide adequate traffic capacity, provide connected pedestrian and bicycle routes, control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the community. 1. General street design principles. The following principles should be followed in street layout and design: 1. Local street lengths should be short; 2. Streets should be designed with gentle curves and changes in grade to break the sight line of the road into smaller visual elements and cause drivers to slow down. 3. Traffic calming features such as curb extensions, traffic circles, and medians should be used to encourage slow traffic speeds. 2. Thoroughfare Types Permitted by Subzone. The thoroughfare design in a given area of the Gateway District is determined in part by the subzone to which the land is assigned. Right -of-way dedication and the use of the right- of-way is set forth in the Thoroughfare Type diagrams at Figures 2 and 3. T he presence of trees within a diagram indicates a requirement to plant “street trees” within the indicated area. A development plan’s thoroughfares shall comply with the dimensional and layout standards applicable to each thoroughfare type. The following Thoroughfare Types are allowed in each sub -zone: 1. Neighborhood Edge: A, B, Alley; 2. Neighborhood General: A, B, C*, Alley, Boulevard (Type C only allowed within 250’ of Mixed -Use sub- zone boundary); 3. Neighborhood Mixed-Use: C, D, Alley, Boulevard; 4. Neighborhood Center: D, Alley, Boulevard; Scheuneman Road and Hoffman Road should be treated as Type D thoroughfares in plans. (May also propose a Plaza with a thoroughfare as regulated by Figure 5). NOTE: County Road E and Highway 61 are not included within these Thoroughfare Types and should not be used or depicted as “frontage” for any Building Type when using this Code. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 29 Figure 2 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 30 Figure 3 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 31 5. Civic Space Standards. The City of Gem Lake’s visioning plan requires well-planned and functional open spaces, preservation areas, parks and gathering places, which are generally referred to in this Section as “civic space.” An application’s development plan shall dedicate or otherwise set aside sufficient land for public ci vic space. At a minimum, 10% of the total acreage in development shall be identified on the plans as Civic Space. The acreage of wetlands protected by state statute and any wetland buffer required by a governing watershed district shall be excluded from ca lculations of “total acreage in development” and from the calculation of the 10% dedication to civic space. A Civic Space shall conform to one or more of the Civic Space Templates at Figures 4 and 5. The Civic Space Type used to design a given Civic Space shall be indicated on any plan or diagram intended to show compliance with this section. Figure 4 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 32 1. No cash payment in lieu of civic space may be approved for applications within the Gateway District. 2. The minimum width required for any Building Type under Figures 6 through 15 may be reduced by up to 30% if the area which would have been contained within that building lot before the reduction is transferred to a Civic Space located within 1/4 mile of the lot. 3. For Civic Spaces which include at least one automotive traffic lane or access, the area of the traffic lane or access is not applied toward the 10% minimum requirement. Areas within the Civic Space, areas within a thoroughfare or shared parking can apply toward the requirement if designed in conformity with applicable Thoroughfare or Building Type templates and the Parking regulations in Section 9.9.6. Figure 5 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 33 6. Building Type Standards. 1. New construction in the Gateway District shall conform to one of the following Building Types: 1. Single Family Detached House (Figure 6) 2. Single Family Attached Housing 1. Twin Home (Figure 7) 2. Townhouse / Rowhouse (Figure 8) 3. Apartment / Condominium (Figure 9) 4. Bungalow Court (Figure 10) 5. Live / Work Unit (Figure 11) 6. Mixed use Building (Figure 12) 7. Commercial 1. Retail / Office Building (Figure 13) 2. Single Use Building (Figure 14) 1. With Liner Building (Figure 14a) 2. With Collar uses (Figure 14b) 3. Auto Oriented Layout (Figure 15) 4. Automotive Dealership (Figure 15a) 2. Use of Building Type Templates. Figures 6 – 15a contain all regulatory information governing the dimensions of lots and the dimensions, setbacks, height, mass, placement and use of buildings in the District. The City’s review of a development application shall primarily apply the information contained in the applicable Building Type Templates. Terms and concepts used within the Building Type Templates are further defined as follows: 1. Frontage Street. The Thoroughfare Type on which the Building Type may be placed. The building must be oriented toward the frontage street and have its primary entrance on the permitted frontage street, unless an alternative is allowed by the terms of the Building Type cho sen. “Width” is measured along frontage street; “depth” measured perpendicular to the frontage street. For purposes of placing buildings, Highway 61 and County Road E are not frontage streets, and the property boundary with those roads’ rights-of-way should be aligned as the rear lot line to the greatest extent possible. Parking lots may abut the Highway 61 or County Road E rights-of-way, subject to the landscaping requirements of the Gem Lake Landscaping Ordinance. 2. Height by Story. The permitted height of any building is determined by the number of stories allowed and built. The height of each story is determined by the space between the upper surface of any floor and the upper surface of the floor next above, or the ceiling (peaked roof) or roof (flat roof) above for top stories. A story must have a minimum height of 12 feet and a maximum height of 15 feet; buildings with assigned ground-floor retail and commercial shall have a ground-floor height of at least 15 feet and no more than 20 feet. The top of a peaked roof is limited to the average story height of the building, measured from the ceiling of the topmost floor to the highest gable of the roof. Half -stories (finishing the space, if any, between the roof and the topmost full-story ceiling) are permitted for all building types in all subzones. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 34 3. Building types with specified height limits shall be measured from the average elevation of the sidewalk on which the building’s primary entrance is located and the coping of a flat roof or the deck line of a mansard roof. 4. Basements. All building types are permitted to have basements if it is technically feasible to build basements on the chosen building site. A walk -out basement is considered a “story” for height regulation, but other kinds of basements are not counted against the height of the building. 5. Footprint. The building footprint is the area occupied by the horizontal projection of the building’s first floor, excluding the floor area of attached garages and porches or decks built as allowed encroachments into setbacks. Within the building envelope defined in the Building Type Template, the horizontal projection of upper floors may not extend more than ten feet in any direction over the footprint, except for portions of the upper floor built directly over an attached garage. 6. Mass, Ratio. When used on a Building Type Template, the percentages listed in the Mass table define the maximum area allowed the horizontal projection of one floor in relation to the area of the horizontal projection of the building footprint and attached garage, if any. 7. Building Placement Diagram. The diagram on each Building Type Template provides regulatory information on the setbacks, build-to lines (lines on which some or all of the building façade must be placed), the “building envelope” in which the footprint may be placed, frontage types, pe rmitted encroachments of porches, decks and balconies, placement of accessory structures, and other items which regulate the built environment on a given lot. 3. Combination of Building Types on Single Lot. The Building Type templates regulate lot size, but it is not required that each building be on a separately conveyed lot. If multiple building types are proposed, the dimensional standards should be applied as though the lot were being divided. Any total surface coverage or building footprint standards may be combined among all of the buildings included on a particular lot. 4. New Building Types. New building types may be proposed in the manner of other amendments to the Zoning Code using the procedure in Section 17.6 of this Ordinance. A proposal must contain all information included in existing analogous Building Types, including but not limited to the dimensional standards, use designations, and frontage requirements. 5. Use Regulation in the Gateway District. The Gateway District’s regulatory focus is first upon the form of each building and its relation to the surrounding environment. This section regulates the use of space within buildings, except to the extent that any structure or land use existed as a leg ally nonconforming use prior to the adoption of this Section, as a matter secondary to the built form. The use of land in the District is regulated by the Building Type Templates and is directly related to the building form. 1. General Terms and Permitted Uses. The Building Type Templates assign categories of uses to certain floors of a building. When multiple use categories are listed and separated by a slash (such as “office/retail”), the uses may be combined on the floor at the discretion of the owner or occu pant of the building. When multiple use categories are stated as alternatives (such as “office or residential”) the floor may only be assigned one category of use, at the discretion of the owner or occupant of the building. Building Type Templates may also contain specific exclusions or limitations which modify the application of a use category to the particular building. The categorical terms are defined as follows: 1. Residential - Premises for long-term human dwelling. 2. Office - Non-residential premises used for administrative, clerical, professional or similar activities. Office as used in this section includes medical and dental offices used by five (5) or fewer medical principals (doctor, dentist, chiropractor or similar prof essional). 3. Retail - Premises for the sale of merchandise and food service. For purposes of this Section, banks with teller service are considered “retail” instead of “office.” Athletic clubs and fitness centers that are not the primary use of the building space are conside red a “retail” use. Certain personal service businesses are considered “retail” if not the primary use of a building: barbershop/beauty salon; clothing rental and dry cleaning pickup (but not on-site processing); and tailor shops. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 35 4. Commercial - Premises for the conduct of the following activities, which are not included within the meaning of “office” or “retail” for purposes of this Section: Athletic club/fitness center (when primary or only use of building space); business school or trade sch ool; veterinary clinic; funeral home; hotel; recreational primary use (such as a bowling alley); cabinet and carpentry shops, heating, plumbing or electrical sales and service; printing shop, upholstery shop, warehousing , automobile repair, sales, and service. Conditional uses of space assigned as “commercial” are: automotive repair and service (including gas stations); car wash; light industrial uses which manufacture, process, store and distribute foods and materials not likely to create offensive noise, odors, vibrations, dust smoke, heat, glare or other objectionable influences and are in general dependent upon raw materials refined elsewhere. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 36 Figure 6 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 37 Figure 7 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 38 Figure 8 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 39 Figure 9 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 40 Figure 10 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 41 Figure 11 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 42 Figure 12 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 43 Figure 13 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 44 Figure 14 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 45 Figure 14a Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 46 Figure 14b Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 47 Figure 15 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 48 Figure 15a Figure 16 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 50 Figure 17 Figure 17 Continued 1. Sub-Zone Uses. Permitted Primary Uses in the Gateway District Subzones are determined by Building Type as determined by this Ordinance. See Figures 16 & 17 for the allowable uses in each sub -zone, by building use. 2. Proposals for Undeveloped Lane or for Large Redevelopment. An applicant shall follow the following procedure when seeking approval for construction upon land undeveloped at the time this Section was adopted, or upon any plan requiring the platted subdivision of land or the construction of new streets. Proposals which include a major subdivision of land shall proceed through the platting procedure mandated by the Gem Lake Subdivision Ordinance, and shall submit the materials requested herein in addition to the materials required to support the application for subdivision. 1. Pre-application Meeting. Before making a formal application for a land use plan which will involve the creation of new streets or platted subdivision of land, the potential applicant shall prepare sketch plans and preliminary descriptions which reflect the six items addressed below and any additional items required by Section 25.12.1 of this Ordinance. The applicant shall schedule and attend the pre-application meeting described in Section 25.10.1 of this Ordinance, in which the participants shall address all of the following areas: 1. Subdivision plat and related infrastructure; 2. Thoroughfare network and civic space; 3. Building Type placement and disposition; 4. Proposed Design of completed buildings; 5. Potential incentives, if any, which may apply to the proposal; and 6. Likelihood that environmental review under Ordinance 92 is necessary. 2. Submission of Development Plan. An applicant shall submit an application for a Zoning Compliance Permit and supporting documentation to the City which addresses all components of the proposed development. The a pplicant shall submit ten (10) sets of all applications and required supporting materials in forms acceptable to the Zoning Administrator, including: 1. Development Plan. All attachments to development plans shall be drawn to scale and provide the following information, unless otherwise specifically waived by the Zoning Administrator: 1. A vicinity map, to include locations of any public streets, railroads, major streams or rivers and other major features within 500 feet of the site. 2. Boundaries and dimensions shown graphically, along with a written legal description of the property. 3. Present and proposed topography of the site and adjacent areas within 50 feet by contour lines at intervals of no more than five feet, and directional arrows showing proposed flow of stormwater runoff from the site. 4. The location of existing and proposed structures, with height and gross floor area noted. 5. Elevation views of all proposed buildings and structures, with building materials and proposed colors noted. 6. Phasing plans, where applicable. 7. Location and dimensions of existing and proposed curb cuts, aisles, off -street parking and loading spaces, and walkways. 8. Location, height and material for screening walls and fences, and other screening devices. 9. Location of all existing and proposed water and sewer facilities and storm drainage systems. 10. Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 53 11. Location and method of screening of outdoor trash storage areas. 12. Location and size of all proposed signage. 13. Location and height of proposed lighting facilities. 2. Subdivision Plat supporting data as required by Section 12 of the Subdivision Ordinance (if subdivision is proposed); 3. Grading and Filling Plan; 4. Tree Preservation Plan; 5. Sediment and Erosion Control Plan or Stormwater Pollution Prevention Plan, as applicable; and 6. Landscaping Plan. 3. Thoroughfare Network. 1. Orientation of Thoroughfares. The orientation of streets and pedestrian access should enhance open spaces and prominent buildings and provide for the maximum number of lots with southern exposure. All streets shall terminate at other streets or at public land, except as specified belo w: 1. Type A thoroughfares that terminate in cul-de-sacs may be permitted only when topography prevents the use of loop streets. 2. Any thoroughfare may terminate in a stub street when the stubs act as connections to future phases of the development or adjacent undeveloped areas. A stub requires a dedication of public right-of-way or similar title restriction encumbering the area on th e property from the closest intersection to the phase line or property boundary over which the thoroughfare would run if built out. 2. Street Layout. 1. No lot shall be more than 550 feet from a street intersection. A future intersection proposed as part of a later phase of the same development may be used to meet this requirement. Local streets shall be designed to limit and slow through traffic by narrower roadways, short lengths and other geometric configurations. 2. Low volume streets (Types A and B) should be aligned to form three -way intersections when possible. Three-way intersections create an inherent right-of-way assignment (the through street receives precedence), which significantly reduces accidents without the use of traffic controls. 3. A low volume street that intersects a higher-order street (Types C, D and Boulevard), should be aligned with another street to form a four -way intersection, which can easily be regulated by a stop sign or other traffic control device. 4. Right angle intersections shall be used whenever possible. No street shall intersect another at an angle of less than 75 degrees. 5. The roadway edge at street intersections shall be rounded by a tangential arc with a minimum radius of 20 feet for low-volume streets and 30 feet for intersections involving higher-order streets. 1. Where the intersection of low-volume streets will be controlled by the placement of stop signs, the radius may be reduced to 15 feet. 2. The intersection of a low-volume street and an alley shall be rounded by a tangential arc with a minimum radius of 10 feet. 6. Pedestrian crossing distances at intersections shall be shortened to the greatest extent possible, using curb bump-outs to cover space assigned to parking in other parts of the thoroughfare (see Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 54 Figure 5, Boulevard, for example), or similar methods to reduce the average time required for a pedestrian to cross the travel lanes of a thoroughfare. 7. Clear sight triangles shall be maintained at intersections, unless controlled by traffic signal devices. 1. For Type C and D streets intersecting low-volume streets the minimum required clear sight distance shall be 120 feet. 2. For a Type C or D street intersecting another Type C or D street , the minimum required clear sight distance shall be 130 feet. 3. For any street intersecting either County Road E or U.S. Highway 61, the minimum required clear sight distance is subject to the standards of Ramsey County or the Minnesota Department of Transportation. 4. For Type A and B streets intersecting any other streets the minimum required clear sight distance shall be 15 feet. 3. Pedestrian Network. Pedestrian sidewalks, paths and walkways shall be provided within the community and shall constitute an integral element of the overall site design. They shall provide safe, convenient and attractive connections to, from and among community focal points, including residential neighborhoods, town and neighborhood centers, transit stops, schools, parks and recreation areas, municipal buildings, and other public facilities. 1. Sidewalks shall be provided along both sides of all streets, except for residential access lanes (Type A streets), which may have sidewalks on one side. 2. Pedestrian paths shall be landscaped to provide scale, enclosure and shade. 3. Intersections of pedestrian paths with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and defined with contrasting paving materials or striping. 4. Sidewalks and paths shall be a minimum of 5 feet in width in residential areas, and 10 feet within commercial and civic areas, where practicable. Where space for the minimum width is not available, the maximum practicable width shall be used. 5. Within lots, walkways shall provide pedestrian access through parking areas or open space to building entries. Such walkways shall be located and aligned to directly and continuously connect areas and points of pedestrian origin and destination. Such walkw ays shall be at least 5 feet in width and be delineated by grade separation, planters, or alternate paving material. 6. Where the primary pedestrian access to a building or site crosses an internal traffic lane or other automotive access, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout shall be continuous a s the pedestrian access crosses, with a break in continuity of the automotive paving and not in the pedestrian access way. 7. All sidewalks and pedestrian paths shall be handicapped accessible. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, bicyclists, and people pushing strollers or carts. The location and design of curb cuts and ramps shall meet the requirements of County and State Americans with Disabilities Act ramp standards, and shall avoid crossing or directing pedestrian and bicycle traffic through loading areas, drive-in lanes, and solid waste storage and collection areas. 8. Where transit service is available or planned, site plans shall provide pleasant and convenient access to transit stops. Where transit shelters are provided, they shall be placed in locations that promote security through natural surveillance and visibility, and shall be well-lighted and weather-protected. 4. Civic Space Placement. The plans should identify the 10% or more of the total acreage in development which will be developed as Civic Space. Layout and relation to surrounding thoroughfares should be clearly depicted on the plans. If a development is proposed in phases, the 10% Civic Space requirement shall be calculated for the development as a whole, instead of for each phase. The apportionment of Civic Space dedication may be Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 55 unbalanced among the proposed phases, though any initial phase of a development must include at least one Civic Space in proportion to the size of the phase. Phased development plans which propose to meet over half of the Civic Space requirement in a second or later phase must include a timetable which shows the development dedicating or building at least half of the required Civic Space within 3 years of initial development approval. 5. Building Placement Standards. The types of buildings proposed in the plan and their placement within the property is governed by the Building Type Standards set forth at Section 9.6 and depicted in Figures 6 through 15. The plan must depict the types of buildings intended for construc tion, their proposed disposition, any incentives sought by virtue of the intended design of any buildings or arrangement of building types, and any special requirements or requests for variance required to implement the buildin g placement plan. 6. Design Review. The Zoning Administrator shall refer all applications requiring evaluation of the Design Review Standards in 9.10 to the City Architect. The Architect shall review the development plan and supporting documents for conformance with the Design Review guidelines at Section 9.10 and provide written comment to the Zoning Administrator. If any deficiencies are noted by the City Architect in the design when the applying the Design Standards, the Architect shall describe the deficiency and suggest at least one complying alternative. 7. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall Development Plan, shall be approved by the City Council, unless specifically delegated within the ordinance creating the applicable incentive. The Zoning Administrator shall confer with at least one City consultant, as directed by ordinance or at the Administrator’s best discretion, in ord er to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied-for incentives are recommended for rejection, the applicant may elect to re- submit portions of the plans to incorporate the recommendation without incurring new application fees; the applicant electing to re-submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the re-submitted materials within the timelines specified by law, treating the date of re-submission as the first day of any applicable time period. 3. Plans for Re-development of Single Lots or Small Subdivisions. An applicant shall follow the following procedure when seeking approval for new building construction (not an addition or expansion to an existing building) upon land which was developed at the time of the application, either requires no subdivision or is eligible for minor subdivision approval, and for which no new streets are required. Such applications should be processed for a Zoning Compliance Permit administratively by the Zoning Administrator unless the proposal requires conditional use permit or variance approval. 1. Suggested Presentation. The plans for this type of development shall use the Building Type templates at Figures 6 through 15, as allowed by the sub-zone in which the property lies. Plans should introduce new lot lines, if any, and then depict the placement and disposition of the proposed building type for each lot. 2. Required Submissions. The applicant shall submit twelve (10) sets of the application materials listed in 9.7.2. The Zoning Administrator may allow the applicant to omit certain items if it is clear that they are not applicable to the overall proposal. In all circumstances, the proposal shall include the elements r equired for review under Sections 9.6 (Building Type) and 9.10 (Design). 3. Connectivity requirements. While improvements to an existing roadway are not required, plans under this subsection must indicate how the proposed construction would relate to the roadway if it were reconstructed in accordance with the requirements of Section 9.7.3. Proposals under this Section 9.8 involving more than one lot shall comply with Section 9.7.3.3. Single-lot proposals must indicate design incorporating the requirements of 9.7.3.3, but only must build the improvements when the adjacent lots on th e same side of the right-of-way also have built such improvements or have been approved for construction under this Section. 4. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall development plan, shall be approved by the City Council, un less specifically delegated within the ordinance creating the applicable incentive. The request for incentive approval does not require City Council approval of the entire plan. The Zoning Administrator shall confer with at least o ne City consultant, as directed by ordinance or at the Administrator’s best discretion, in order to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied -for incentives are recommended for rejection, the applicant may elect to re -submit portions of the plans to incorporate Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 56 the recommendation without incurring new application fees; the applicant electing to re -submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the resubmitted materials within the timelines specified by law, treating the date of re-submission as the first day of any applicable time period. 5. Administrative Approval. If the application satisfies all applicable criteria, the Zoning Administrator shall approve the Zoning Compliance Permit. The applicant shall execute a Development Agreement with the City prior to the receipt of any building permit under the plan. 4. Parking Regulations. 1. On-street parking, either diagonal (angled) or parallel, shall be provided along all streets other than Alleys. Parking is indicated on the Thoroughfare standards at Figures 2 and 3. Where angle parking is permitted or required, the parking may be forward or reverse angle. Parking spaces (other than handicapped spaces) on thoroughfares and on - grade parking lots shall be no wider than 9 feet. Plans for new development and other major subdivisions are encouraged to plan thoroughfares and civic spaces to provide a significant portion of the parking required for planned buildings. On-street parking within 1/8 of a mile of a building entrance may be applied toward that building’s applicable parking requirement. 2. A parking plan shall be included for all buildings, indicating how the parking requirement for each proposed building is met through on-street parking, shared off-street parking or dedicated off-street parking. Reductions in the number of spaces required by the Building Type regulations may be approved if the proposal is supported by a parking study specific to the proposed building(s) and likely tenants. Shared parking proposals are encouraged and should reference the Urban Land Institute’s Shared Parking Guidelines or similar guidance. Plans including off- street parking and loading facilities within the Gateway District shall be reviewed by the City Engineer and City Planner. If, upon review, either consultant determines that an alternative to the proposed parking plan is desirable, it will recommend an alternate parking plan to the Planning Commission, which shall make a recommendation to the City Council for final review and approval. 3. The Planning Commission may recommend and the City Council may require a contribution of land or money toward community parking facilities in lieu of providing off -street parking facilities on the property to be developed. 4. On-grade parking areas within lots are prohibited within any front yard setback or in front of the principal building. On-grade parking areas shall be located at the side or the rear of buildings in mid -block areas, and may not be located within 50 feet of the intersection of any public streets (excluding Alleys). Parking areas shall be landscaped in accordance with the Gem Lake Landscaping Ordinance. 5. Reduction of impervious surfaces through the use of interlocking pavers or similar materials is strongly encouraged for areas that serve low-impact parking needs, such as remote parking lots, parking areas for periodic uses and parking in natural amenity areas. 6. Bicycle Parking. Parking plans shall include designed space and facilities for bicycle parking, at a ratio of 1 bicycle parking space for each 4 residential units or 20 required automobile spaces. Bicycle parking facilities shall be located within fifty (50) feet of building entrances and shall be visible from the uses they serve. They shall not be located so as to impede pedestrian or automobile traffic flow or to cause damage to plants and trees from bicycle traffic. The facilities shall be of permanent c onstruction, attached to the ground, and designed to allow the bicycle frame and both wheels to be securely locked to the parking structure. Facilities shall be at least two feet in width and six feet in length, and be placed to allow a minimum of five fee t of back-out or maneuver space. 5. Design Review Standards. The guidelines established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses. These guidelines are intended to be general in nature and not to restrict creativity, variety or innovation. However, unless site characteristics or conditions dictate otherwise, Gem Lake’s expectation is that these guidelines be adhered to. In cases where building and site design standards are specific to Building Types, those standards are noted within the Building Type Template. 1. Site layout guidelines. 1. Site design shall incorporate existing topography and natural features, such as hillsides, wooded areas and greenways. Important vistas and viewpoints, both from the site and into the site, should be protected and enhanced. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 57 2. Building arrangement. When multiple buildings are proposed for a site, care should be taken to provide maximum street exposure for all buildings. 3. Service and docking facilities. Loading, delivery and service bays should be oriented away from existing residences and public streets. When this is impractical, service and docking areas shall be screened from view through the provision of walls, fencing or landscaping. 4. Drive-through facilities, where permitted, shall be designed with safe and easily understood traffic patterns and shall provide sufficient stacking space, based on requirements of Section 9.9. Drive -through windows should not face public streets; and loudspeakers should not create nuisances for adjacent properties. 5. Shadowing. Where possible, buildings shall be located so that they minimize shadowing on adjacent properties. A sun and shadow study may be required for any building that is more than 2 ½ stories or 35 feet in height. 2. Building placement – Nonresidential and Mixed uses. At least 70 percent of the front facade of any building shall be located on the front build-to line as indicated by the Building Type Template (with the exception of a “dooryard” layout as indicated on the template’s layout diagram). The placement of buil dings shall reinforce the street wall, maximize natural surveillance and visibility, enhance the character of the surrounding area and facilitate pedestrian access and circulation. Parking areas shall be located to the side or rear of the principal building or use served. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement, provided that any adverse effects shall be mitigated by a masonry wall, decorative fence or planted materials, between 38 and 46 inches in height, which reinforces the street wall. 3. Building placement – Residential-only uses. Buildings shall be located so that the front doors of the building or individual units face the public street rather than the interior of the site, unless a courtyard layout is authorized on the Template for the particular building. Parking areas and garages larger than 3 cars shall be located to the rear or interior of the site, or underground. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement when one or more of the following occurs: 1. The proposed building has primary or corner frontage on a Type C or Type D street. 2. Commercial buildings are located across the street from the proposed building. 3. Unusual or unique site conditions make the requirement impractical. 4. Building height and scale. In addition to the height and mass instructions contained within the Building Type Templates, the height and scale of new buildings shall be related to the prevailing scale of surrounding development and shall be compatible with surrounding buildings in r oof form and pitch. Larger buildings, where permitted, shall be designed to reflect the same architectural massing and style as other buildings built or proposed within a two-block area. If no other single, large buildings are pre sent or proposed in the area, then the facade of the new building shall be designed to reflect the form, mass and shape of several contiguous smaller buildings within the two block area. The City Council, with the City Architect’s recommendation, may appro ve alternatives to this requirement if a larger building is proposed, to reduce its apparent size by dividing the building mass into smaller sections, including: 1. Stepping back or extending a portion of the building facade; 2. Emphasizing architectural elements, including windows and entries; and 3. Emphasizing architectural elements of the roof, including dormers, chimneys and gables. 5. Building facades. Building facades shall provide architectural detail and shall contain windows at the ground level in order to create visual interest and maximize outdoor surveillance and visibility. Exterior materials and appearance shall be compatible with surrounding b uildings. 1. Front Facades and Entries. 1. Primary entries to residential buildings shall be emphasized through the use of architectural features such as porches and roofs, recessions into the facade, or other details that express the importance of the entrance. At least 20 percent of the first flo or facade that faces a public street Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 58 or sidewalk shall consist of windows and doors. Windows shall be distributed in a more or less even manner. Plans should avoid placing garage doors and openings on the front façade of a building. If the garage door or opening is placed on the front façade, it shall not be located on the building’s leading edge facing the street, but shall be setback at least six feet from the front line of the building or an approved front yard encroachment (such as a porch, or a deck over a tuck - under garage). 2. Primary entries to nonresidential or mixed-use buildings shall be emphasized through the use of architectural features such as roofs, recessions into the facade, or other details that express the importance of the entrance. At least 60 percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allow views into and out of the building. The windows shall be distributed in a more or less even manner. The use of traditional window dimensions and a one-over-one or two-over-one sash arrangement is strongly preferred. Buildings shall have entrances to a street or public open space placed no more than sixty (60) feet apart. Buildings are strongly encouraged to use awnings on the front faça de, particularly over the main entry. The awning should be compatible in style, material and color to the rest of the building, and the width of the awning should fit the geometry of the building façade. There may be signage on the end panel or front valan ce of an awning, proportional to the space available. The installation of the awning should not hide any architectural detail or character features of the building. 2. Side and Rear Facades. The exterior materials and appearance of the rear and side walls of any building shall be similar to and compatible with the front of the building. Where the façade is visible from a public street or right-of-way or any residential district and concrete-block construction is used, the façade shall use integrally colored block or textured block. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed sixty feet (60’) in length without significant visual relief consisting of one or more of the following: 1. The facade shall be divided architecturally by means of significantly different materials or textures; 2. Horizontal offsets of at least four feet (4’) in depth; 3. Vertical offsets in the roofline of at least four feet (4’); or 4. Fenestration at the first-floor level which is recessed horizontally at least one foot (1’) into the facade. 6. Architectural variety. The use of a variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. When accent colors are proposed, the number of colors should be limited to prevent a gaudy appearance. 7. Materials. All buildings shall be constructed with materials that are attractive in appearance, durable with a permanent finish, and of high quality. New mixed-use or commercial buildings erected within the Gateway District shall be of masonry construction, an equivalent, or better. Exterior building materials shall be classified as either primary, secondary, or accent materials. Primary materials shall cover at least sixty percent (60%) of the façade of a building. Secondary materials may cover no more than thirty p ercent (30%) of the facade. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten percent (10%) of the facade. 1. Primary materials may be face brick, stone, glass, architectural concrete or precast concrete units (integrally colored block or textured block), provided that surfaces are molded, serrated examples or treated with a textured material in order to give the wall surface a three-dimensional character. 2. Secondary materials may be decorative block or integrally colored stucco, fiber cement siding (integrally colored or painted) with hidden seams. Synthetic stucco may be used as a secondary material on upper floors only. 3. Accent materials may be wood, metal or fiber cement when used in trim, fascia or soffit if appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 59 4. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, plastic or fiberglass siding. Face materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile are not permitted. 8. Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional concept of the town center. Contrasting colors should be used to emphasize architectural detail. Where a development plan proposes multiple buildings, the plan shall carry over colors and materials across adjacent buildings. 9. Roofs. The predominant roof shape in the Neighborhood Center subzone is flat with articulated parapets; the predominant roof shape in the Neighborhood General subzone is peaked. Roof shapes in the Neighborhood Mixed - Use subzone should achieve a gradual transition between the two roof types. 10. Outdoor Storage. There shall be no outdoor storage of either materials or products except through the issuance of a conditional use permit. 11. Screening. Property boundaries abutting property that is not included within the Gateway District shall have significant dense vegetative screening. 12. Signage. Signage should be integrated as an architectural element, with attention given to the color, scale and orientation of all proposed signs in relation to the overall design of the building. Signs shall conform to the regulations in Section 19 of this ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 60 SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” 1. Intent and Purpose. This zoning district is for land in the City of Gem Lake reserved for: 1) open space or, 2) recreational uses. There are currently no publicly held open or recreation space within the City of Gem Lake. The only recreational facility within the City is a private golf course and it is the desire of the City to have the golf course property remain recreational in na ture. There may be an interest in the future for small neighborhood “parks” in other areas of the City. The City desires that this golf course recreational area space use be continued in the future. Based on past zoning practices, the golf course owner’s wishes, and the Cities likely inability to purchase the golf course property, the golf course will continue as a conditional use within residential districts. The land under the golf course is currently zoned as being in the “RE” zoning district. 2. Uses. 1. A golf course shall be a conditional use in residential areas of the City of Gem Lake. 2. Public parks may be provided as part of development formed by a PUD in residential areas in the City. 3. The City will continue to explore options for acquiring true public open spaces or preservation areas, focusing on land which directly impacts the water quality of the water body called Gem Lake. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 61 SECTION 11. RESERVED SECTION 12. RESERVED Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 62 SECTION 13. PLANNED UNIT DEVELOPMENT 1. Purpose. 1. The purposes of this section are: 1. To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements. This section may allow modifications such as non-standard lot sizes, private streets and driveways, reduced rights-of-way and street widths, housing types, zero lot lines and building setbacks. These changes shall meet the standards and purposes of the City of Gem Lake Comprehensive Plan while preserving the health, safety, and welfare of the citizens of the city. 2. To allow for the potential mixture of uses in an integrated and well planned area. 3. To ensure concentration of open space into more usable areas, and a preservation of the natural resources of the site. 4. To facilitate the economical provision of streets and public utilities. 5. To facilitate mixed use developments, and/or affordable housing, recreational uses and institutional uses. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. 7. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. 8. Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. 2. Permitted Uses. 1. Specific uses and performance standards for each PUD shall be delineated in a development plan. 1. Each PUD shall primarily be used for the use or uses for which the site is designated in the City of Gem Lake Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. 2. Where the site of a proposed PUD is designated for more than one land use in the Comprehensive Plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this ordinance and the Comprehensive Plan. 2. A PUD is an allowable conditional use in all zoning districts in the City of Gem Lake . 3. Coordination with Subdivision Regulation. 1. It is the intent of this section that subdivision review be carried out simultaneously with the review of a planned development under this section. 2. The plans required under this section must be submitted in a form, which will satisfy the requirements of the Gem Lake subdivision section of this Consolidated Land Use Ordinance for the preliminary and final plats. 3. Flexibility of design standards and criteria of the Gem Lake subdivision section may be allowed as part of a planned unit development. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 63 4. Submission of Material Required for Approval. 1. The materials and description of contents required for approval of a PUD are described in the City of Gem Lake Planned Unit Development Procedure 4-17 available from City Hall. Request a copy of this procedure with your PUD application form. 5. Enforcement of Development Schedule. 1. The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same phase of the construction of dwelling units. From time to time the zoning administrator may review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the city council, which may modify or revoke the planned unit development permit. 6. Conveyance and Maintenance of Common Open Space. 1. All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Attorney which restrict the common open space to the uses specified on the final development plan, and which prov ide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. 2. If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City Attorney and City Staff which explain: 1. Ownership and membership requirements. 2. Articles of incorporation and bylaws. 3. Time at which the developer turns the association over to the homeowners. 4. Approximate monthly or yearly association fees for homeowners. 5. Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities. 7. Standards for Common or Open Space. 1. No open area may be approved as common open space under the provisions of this article unless it meets the following standards: 1. The location, shape, size, and character of the common open space must be suitable for the planned development. 2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, an d the number and type of dwellings to be provided. 3. Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be app ropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 4. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city before the final plat is released for recording. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 64 8. Review and Amendment. 1. From time to time the Zoning Administrator may review PUDs within the city and may make a report to the City Council on the status of non-compliance for a particular PUD. If the Zoning Administrator finds that the development has not commenced within one (1) year after the original approval of the conditional use for the PUD, the Zoning Administrator may recommend that the City Council extend the time or revoke the conditional use permit as set forth in Section 17.5 of this ordinance. Prior to cancellation or revocation of this permit, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 2. For additional phases of the PUD, if within three (3) years the project has not progressed, the Zoning Administrator may recommend that the City Council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 3. Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. 4. Approval of the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan. 5. Any amendment to the PUD shall require the same procedures as for the application for a conditional use permit as set forth in Section 17.5 of this Consolidated Land Use Ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 65 SECTION 14. GARDEN OVERLAY DISTRICT. 1. Findings and Purpose. 1. The City Council makes the following findings: 1. The land-use plans of the City of Gem Lake historically have not assigned any land in the City for long - term agricultural use, as the City has developed and continues to develop as a primarily residential community surrounded by fully developed suburban neighborhoods. The City Council reaffirms the City’s intent to encourage development of the City in accordance with its adopted comprehensive plans. 2. At the time this Ordinance is considered, large land parcels in the City have yet to develop any primary use and stand vacant. Additional large-lot property in the City is projected to subdivide and develop into smaller lots over the next 10 to 30 years. The City Council recognizes that economic conditions are not always favorable for real estate development, and that the costs to carry vacant land can create pressures that promote sub-optimal development. Permitting small-scale agriculture as a primary use will allow owners of large undeveloped parcels to qualify for agricultural tax classification, and thus lower tax payments, without affecting the long-term plans for the land. The Council finds that providing this means to temporarily ease this pressure will enhance the City’s ability to fully realize the goals of its comprehensive plans. 3. Several cities and metropolitan areas are placing a greater emphasis on local food production as a means of improving public health. Allowing the use of available space in the City for “community gardens” or “market gardens” to grow food will promote local food production and improve public health in Gem Lake and the surrounding community. 4. As an interim use of land, subject to the regulations proposed, community gardening and market gardening will be compatible with all allowed land uses in the City of Gem Lake, and with the goals of the City’s comprehensive plan. 2. The Council intends that the Garden Overlay District be available to overlay on parcels of land in any existing zoning district to add the uses described in the district regulations to the list of uses allowed upon that land. The Garden Overlay District may be applied to and superimposed as an overlay upon any zoning district, defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. Nothing in this Section is intended to affect the ability of landowners to maintain accessory uses that are allowed without the Overlay zone upon their property, whether or not the Overlay zone covers their property. This overlay district is intended to permit a temporary land use, and should no longer be needed on a parcel when it eventually develops in accordance with the regulations of the underlying zoning district. 2. Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered as a re-zoning request in accordance with Section 17.6 of this Ordinance. In addition to the documents and materials generally required for a re-zoning application, the applicant shall supply copies of draft leases, contracts or use agreements to which the groups or individuals using the gardens will agree prior to using the garden space. Such agreements must provide the land owner or designated representative with the legal ability to evict a tenant and bar entry to any individual member of a group, if the tenant or individual violates the terms of this Ordinance, the terms of the Interim Use Permit for the property, any restrict ive term of the lease or agreement, or any other applicable City Ordinance or state law. 3. Termination of Garden Overlay. A Garden Overlay District shall remain in effect until one of the following occurs: 1. City approval of a zoning application for a use or uses permitted in the underlying zone (e.g. development plan, conditional use permit, or building permit); the Garden Overlay status and any permits granted under the terms of this Section shall expire six months from the date of approval; or 2. The Interim Use Permit for the property expires, and no application is made to renew the permit within six months of the expiration; or 3. The Interim Use Permit for the property is revoked by the City Council for violations of this Ordinance, permit conditions, or any other applicable law or ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 66 4. Interim Uses. 1. Subject to applicable provisions of this Ordinance, the following are considered to be Interim Uses in the Garden Overlay District: 1. Community Gardens. 2. Market Gardens. 2. Interim Use Permits granted under this Section expire on March 15th of each year. The permit may be renewed annually, at the discretion of the City Council. Application for and approval of an Interim Use Permit shall follow the procedures set forth in Section 17.5 of this Ordinance. In addition to the requirements of that Section, the applicant shall provide a written summary of the proposed uses of fertilizers, pesticides and other agricultural chemicals in the maintenance of the gardens. In approving an Interim Use Permit, the City Council may attach such additional conditions as it deems necessary to assure compatibility with surrounding land uses, including conditions relating to the use of agricultural chemicals on the property. 5. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are allowed accessory uses to any validly issued Interim Use Permit in any Garden Overlay District: 1. Hoop houses, cold frames and similar structures used to extend the growing season. 2. Benches, planting beds, compost bins, rain barrels and similar structures used to facilitate the growth of plants. 3. Off-street parking and loading areas. 6. Prohibited Practices. 1. No motorized implements or machinery may be used in the cultivation and maintenance of any garden, except for plowing of the plots between the hours of 8:00 A.M and 5:00 P.M, Monday through Friday. Motor vehicles of less than 7,000 lbs. gross vehicle weight may be used to deliver and carry away equipment, supplies and product. 2. Animal husbandry and aquaculture are not permitted activities within a Garden Overlay zone. 3. No fuel, fertilizer, pesticides or similar chemicals shall be stored on the property. 7. General Regulations. 1. The minimum land area for application of a Garden Overlay shall be ten acres. 2. All gardening activity and all structures and equipment shall be setback at least 20 feet from the property line of any property not included within a Garden Overlay Zone, and at least 150 feet from any dwelling. 3. All gardens shall be divided into garden plots, separated from other plots and from required setback areas by unpaved walkways of at least 6 feet in width. No single plot shall cover more than 10% of the total land area of the property on which the plot is located. 4. Off-street parking and loading areas shall be unpaved and shall not exceed 15% of the lot area covered by garden plots and required walkways. 5. The property owner is responsible for the collection and disposal of litter on the property. 6. The hours of operation for a permitted garden are half hour before sunrise until half hour after sunset. 7. The property owner is responsible for ensuring compliance with all other applicable laws, ordinances and regulations, including city ordinances and watershed district rules governing wetlands and stormwater control. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 67 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT 1. Purpose. 1. The Institutional Overlay District is intended to provide a means of overlaying an existing Zoning district located in the City of Gem Lake, for facilities devoted to serving the public. This district is unique in that the primary objective of uses within this district is for the providing of services, frequently on a non -profit basis, rather than for the sale of goods or services. It is intended that all uses within such an overlay area will b e compatible with all adjoining uses. 2. The Institutional Overlay District shall be applied to and superimposed as an overlay upon any zoning district, defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. The Institutional Overlay District will remain in effect as long as the use and the user remains the same. If an overlay area is no longer used, uses are changed or terminated, the parcel will revert back to its original underlying zoning classification. 2. Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses in an Institutional Overlay District: 1. Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and related social activities. 2. Private child care and education facilities as defined in the definitions section of this Ordinance, but with activities limited to school/educational activities. 1. An enrollment with an age not to exceed twelve (12) years; 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred eighty two (182); 3. A maximum of one-hundred eighty two (182) “full-day equivalent” students with a full-day* defined as ten (10) hours. 4. The full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,820, which is 182 students’ times 10 hours. 3. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in any Institutional Overlay District: 1. Accessory uses, customarily incidental to the uses permitted as a Permitted Use or Conditional or Interim Use (if a Conditional or Interim Use is allowed). 2. Off-street parking and loading areas. 3. Accessory building as described in Appendix A of this Ordinance. 4. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are considered to be Conditional Uses in the Institutional Overlay District. 1. Living quarters (such as parsonage, rectory or care -takers house) that are supplied as an accessory use to a principal use provided that: 1. The use shall not be used as a rental property; 2. The maximum of one (1) such dwelling shall be allowed; 3. There shall be a demonstrated and documented need for such a facility. 2. Governmental and public regulated buildings and essential service structures as defined in this Ordinance and necessary for the health, safety and general welfare of the City, excluding public works facilities and uses provided that: Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 68 1. Compatibility with the surrounding neighborhood is maintained and required setback and side yard setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in adjacent residential property. 2. Any equipment is completely screened in a permanent structure with no outside storage. 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this Ordinance. 3. Public recreational facilities provided that: 1. The site is landscaped; 2. The use is available to the “public”; 3. The land area of the property containing such uses or activity meets the minimum established for the district; 4. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance. 4. Publicly owned or cultural buildings, such as libraries, city offices, auditoriums, public administration offices and historical developments, but excluding public works type facilities and uses, provided that: 1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in the adjacent residential property; 2. Any equipment is completely screened in a permanent structure with no outside storage; 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance. 5. Day care, social services or other non-directly related worship activities, as an accessory use within a religious building, provided that: 1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent with those in the adjacent residential property; 2. Any equipment is completely screened in a permanent structure with no outside storage; 3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance and the Landscape Ordinance. 6. Accessory buildings with a cumulative total greater than one-thousand (1,000 sq. ft.) square feet. 5. Lot Area and Setback Requirements. The following minimum requirements shall be observed in an Institutional Overlay District subject to additional requirements, exceptions and modifications set forth in this ordinance: 1. The minimum land area for an Institutional Overlay shall be two and three quarter (2.75) acres of buildable area. For the purposes of this Ordinance, buildable area means two and three quarter (2.75) acres of land, not including wetlands and land seasonally flooded on an annual basis, land containing drainage ways or surface water or land containing aquatic vegetation, and land with slopes in excess of twelve (12%) percent. 2. Lot Width. 1. Two hundred (200) feet of frontage which must be located on a County or State maintained roadway. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 69 3. Setbacks. Table 15.5.3 FRONT YARD 50 foot setback SIDE YARD 50 foot setback REAR YARD 50 foot setback 1. Setback measured from the closest of any lot line, road easement, road right -of-way or the like. 4. Accessory Structure(s) setbacks. Table 15.5.4 FRONT YARD 100 foot setback SIDE YARD 50 foot setback REAR YARD 50 foot setback 1. Setback measured from the closest of any lot line, road, road easement, road right -of-way or the like. 6. Lot Coverage and Height Requirements. The following lot coverage and height requirements shall be observed in the Institutional Overlay district: 1. The total lot coverage of all buildings and other structures shall n ot exceed thirty (30%) percent 2. The minimum open space requirement for any proposed use shall be twenty (20%) percent, including green areas not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces. 3. No building structure shall exceed thirty-five (35') feet in height. 4. No accessory structure shall exceed two (2) stories or twenty -five (25') feet in height, whatever is lesser and no accessory structure any part of which is within three-hundred (300') feet of an “R” district or a roadway bordering an “R” district shall exceed fifteen (15') feet in height. 7. Landscaping and Screening. 1. As most Institutional Overlays will occur in residential areas or closely adjacent to Residential areas, landscaping and screening shall be provided to isolate all light and noise from the Institutional Overlay use from entering the adjacent Residential areas. This landscaping and screening must be done in accordance with the procedures in this Ordinance. 8. Procedures for Requesting an Overlay. 1. Application for re-zoning for an overlay. 1. An Institutional Overlay shall be considered a rezoning for a specific parcel of land. This overlay may occur in any zoning district in the City of Gem Lake. The application for an Institutional Overlay shall be made on a form provided by the City Clerk. The fee for an Institutional Overlay shall be the same as the rezoning fee, defined in the Zoning Ordinance. This application for rezoning will only be deemed to be complete when the following are received: 1. A properly completed application and payment in full is received; 2. A registered property surveyors report is provided properly identifying the parcel to be rezoned; 3. All requirements of the Plan Review described in Appendix A of this Ordinance have been met. These plans must be reviewed and approved by the Zoning Administrator, Planning Commission and City Council before any overlay shall be granted. If this is a rezon ing to initially define and overlay, the rezoning activities and the Plan Review shall occur at the same time; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 70 4. Proof of ownership or authorization shall be provided. The applicant shall supply proof of title and the legal description of the property for which the Institutional Overlay is requested consisting of and abstract of the title or registered property abstract currently certified together with unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested Institutional Overlay. 5. A list of all the property owners within three -hundred fifty (350') feet of the proposed site. This certified list shall be obtained from the County Assessor and supplied to the City Clerk. 2. Procedures. 1. Pursuant to Minnesota Statues 15.99 as may from time-to-time be amended, an application for an institutional Overlay shall be approved or denied within the time allowed for by law from its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state and federal agencies may extend the review and decision making period by the additional time allowed by law unless this limitation is waived by the applicant. Additional City requirements are as follows: 1. Applications for rezoning for an Overlay District shall be filed with the Zoning Administrator on an official application form available for available from the City Clerk. Such applications shall also be accompanied by five (5) large scale copies and one (1) reduced scale copy of detailed written and graphic materials fully explaining the processed change, development, or use. The request for an institutional Overlay shall be placed on the agenda of the first possible Planning Commission meeting after the date of submission of the completed application. The request shall only be considered officially submitted when all the informational requirements are complied with. 2. Upon receipt of such application, the City shall set a public hearing following proper hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of the request, and shall be published in the official newspaper at least ten (10) days prior to this hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all owners of land within three-hundred fifty (350') feet of the property in question. The City Clerk shall have the right to provide additional property owners notification beyond the three hundred fifty (350') foot distance if it is judged that the request will have an impact upon additional properties. The records of the County Assessor shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice is sent shall be attested and made a part of the records of the proceeding. 3. Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth in this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this section. 4. When reviewing the proposed institutional overlay, the following additional factors shall be included in the review: 1. The proposed action in relation to specific policies and provisions of the Official City Comprehensive Plan; 2. The proposed use’s conformity with present and future land uses in the area; 3. The proposed use’s conformity with all performance standards contained herein; 4. The proposed use’s effect on the area in which it is proposed; 5. The proposed use’s impact upon property value in the area in which it is proposed; 6. Traffic generation by the proposed use in relation to capabilities of streets and roads serving the property; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 71 7. The proposed use’s impact upon existing public services and facilities including parks, schools, streets and utilities and the City’s service capacity. 5. The Planning Commission or the Zoning Administrator shall have the authority to request additional information from the applicant or to retain expert testimony at the eh expense of the applicant, said information to be declared necessary to evaluate the request and establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for recommendation of denial of the request. 6. The applicant or a representative thereof shall appear before the Planning Commission in order to answer question concerning the proposed request. 7. The Planning Commission shall recommend approval or denial of the request. 8. The City Council shall not act upon such an Overlay request until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request after thirty (30) days from the first regular meeting at which the request was considered, the City Council may proceed with its consideration and action on the request. 9. Upon receiving the report and recommendation of the Planning Commission, the City shall place the report and recommendation on the agenda for the next regular City Council meeting. Such reports and recommendations shall be entered into and made part of the permanent written record of the City Council meeting. 10. Upon receiving the report and recommendation of the Planning Commission, the City Council shall have the option to hold another public hearing if deemed advisable. 11. If, upon receiving such reports and recommendations from the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning C ommission, the City Council may before taking any final action, refer the matter back to the Planning Commission for further consideration. The City council shall provide a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular request. 3. Approvals. 1. Approval of the Overlay request shall require passage by a four -fifths (4 of 5 votes) majority of the entire City Council. 2. The Institutional Overlay zoning shall not become effective until such time as the City Council approves the overlay and after said approval is published in the official newspaper. 3. Prior to the start of building or any remodeling that will change the outside dimensions of a building or structure, in the Institutional Overlay Zone, a plan review, in accordance with section 14.1 of the Zoning Ordinance, shall be made. No building permits shall be issued until this plan review is complete. 4. Denials. 1. If the City Council finds that a proposed use contemplated for the parcel which is the subject of an application for rezoning to Institutional Overlay Classification is likely to have a material adverse effect on the public health, safety of general welfare after considering possible adverse effects which may include, but not be limited to, those delineated in Section 15.8.2.1.4 (1-7) above, then such application shall be denied. 5. Recording of Actions Taken. 1. If a request for an Institutional Overlay receives approval by the City Council, the applicant shall record such with the County Recorder within thirty (30) days of the approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, furnish the City proof of recording, no building permits for the property in question will be granted until such proof of recording is furnished to the City. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 72 6. Actions if the overlay is denied. 1. Whenever an application for an overlay district has been considered and denied by the City Council, a similar application and proposal for an overlay affecting the same property shall not be considered again by the Planning Commission or the City Council for at least one (1) year from the date of its denial except as follows: 1. Applications for an overlay are withdrawn prior to the City Council taking action on the matter. 2. If the City Council determines by a vote of not less than four-fifths (4 of 5 votes) majority that the circumstances surrounding a previous application have changed significantly. 7. Time period (duration) of this Institutional Overlay approvals. 1. An Institutional Overlay shall remain in effect until one of the following occurs: 1. Unless the City Council specifically approves a different time when action is officially taken on the request, the rezoning for an Institutional Overlay shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started construction of any building, structure, addition or alteration, or use requested for this overlay. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. 2. If any one of the following occur the overlay shall expire: 1. The use of the property is changed to not be in accordance with the uses outlined in this section of this Ordinance; 2. The organization to which the permit for and Overlay District has been given is no longer the occupant of the building or facilities on the site. No leases or subletting of the building or facilities operating on an Institutional Overlay shall be permitted . 3. If an Institutional Overlay is allowed to expire or is revoked for cause, the parcel of property shall revert back to the underlying zoning of the parcel. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 73 SECTION 16. GENERAL PROVISIONS 1. Application of this Ordinance. 1. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 2. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. 3. Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose, nor in any manner which is not conformity with this Ordinance. 4. When land is proposed to be annexed to the City of Gem Lake the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the “RE” District and such classification shall be considered as an interim step pending permanent classification. 5. Real Property Development. making application for development of real property in the City of Gem Lake, the developer shall submit twelve (12) sets of all plans, variance requirements, and permit requirements in forms acceptable to the Zoning Administrator or City officials including, but not limited to, the following: 1. A Site Plan; and 2. A Grading and Filing Plan; and 3. A Landscape Plan; and 4. A Tree Preservation Plan; and 5. A Sediment and Erosion Control Plan; and 6. A Storm Water Management Plan; and 7. A Description of the Project; and 8. A Description of Future Expansion Plans; and 9. All Variances, Conditional and Interim Use Permits, and Zoning Amendments required; and 10. All other such plans or information as may be required for specific zoning districts. 6. Development Review Considerations. When making recommendations and decisions considering land use, variance applications, or rezoning applications, the Planning Commission and City Council shall review and measure the impact of such uses including, but not limited to, the following as criteria: 1. The impact of the use on adjacent uses; and 2. The impact of the use on air and water quality; and 3. The impact of the use on traffic generation; and 4. The impact of the use on public safety, health and welfare; and 5. The impact of the use on the economy. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 74 2. Severability. It is hereby declared to be the intention of the Mayor and City Council that the several provisions of this Ordinance are severable. If any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such judgment shall not affect any other provision of this Ordinance not specific ally included in said judgment. 3. Non-Conforming Uses and Structures. 1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. 2. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the City. 3. When any lawful non-conforming use of any structure or land in any district has been changed to a confirming use it shall not thereafter be changed to any non-conforming use. 4. When a lawful non-conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. 5. Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. 6. Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use. 7. A lawful non-conforming use may be changed only to a use of the same or more restricted classification. 8. Alterations may be made to a structure or building containing lawful non -conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. 9. Uses Not Provided for Within Zoning Districts: 1. Whenever, in any Zoning District, a use is neither specifically allowed nor denied, the use shall be considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own initiative, or upon request of the property owner, conduct a study to determine if: 1. The use can be deemed consistent with the Comprehensive Municipal Plan; 2. The use is acceptable to and will not adversely affect adjacent property owners; 3. The use is in the public interest and is not determined to be offensive; 4. Which defined Zoning District would be most appropriate for the use; 5. What conditions and standards relating to development of the use should be imposed? Upon completion and consideration of the study, the City Council or Planning Commission or the real property owner may initiate a request for an amendment to the Zoning Ord inance to provide for the particular use under consideration in accordance with the definitions and provisions contained in this Ordinance. 4. Lot Provisions. 1. Land covered by Gem Lake, its contiguous bog area including islands (measured to the mean high water mark) and other DNR protected wetlands shown on applicable section maps covering the area shall not be included in any area calculations required by this Ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75 2. In all residential districts, a lot must include contiguous buildable area as shown in tables located elsewhere within the ordinance unless the lot is part of a cluster or planned unit development that has been reviewed and recommended for approval by the Planning Commission and approved by the City Council. 5. Accessory Buildings. 1. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 2. No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory building exceed twenty-five (25') feet in height. 3. An accessory building shall be considered to be an integral part of the principal building unless it is six (6) feet or more from the principal building. 4. No detached accessory building shall be less than sixty (60') feet from the public right -of-way except on a corner lot, unless it conforms to the side yard requirements of the principal building. Those accessory buildings located sixty (60') feet or more behind the right-of-way line shall have a side yard of two (2') feet or more and a rear yard of three (3') feet or more. 5. No combinations of accessory buildings shall be allowed to exceed one -thousand (1,000) square feet in size, except by Conditional or Interim Use Permit from the City Council. 6. Required Yards, Open Space and Heights. 1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. 2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other buildings. 3. The following shall be considered as permitted encroachments on set-back and height requirements: 1. In any yards: posts, off-street open parking spaces, open terraces, awnings, open canopies, steps, chimneys, and flag poles. 2. In front yards: service stations pump islands and fences. Fences must be at least eighty (80%) percent open. 3. In side and rear yards: fences or walls six (6') feet in height or less. However, in a corner lot no obstruction higher than three (3') feet above curb level shall be located within twenty (20') feet of the lot corner formed by any two streets, or within fifteen (15') feet of any street right-of-way. See Residential Zoning Districts for additional regulations for fences. 4. In rear yards, recreational and laundry drying equipment, open arbors and trellises, balconies, breeze ways, porches, detached outdoor living rooms, barbecue facilities and portable seasonal living structures. 5. Height limitations shall not apply to barns, silos, and other structures on farms; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public utility facilities; Accessory and Secondary Use antennas and parapet walls extending not more than four (4') feet above the limiting height of the building. 7. Traffic Visibility. 1. No fences, structures or planting exceeding thirty (30") inches in height above the center line grade of the street shall be permitted within the required front yard set-back on a corner lot. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 76 8. Farming Operations. 1. All farms in existence upon the effective date of this Ordinance and all farms which are brought into the City by annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained herein and other City Ordinances as in effect shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. See Residential Zoning Districts for additional regulations of agricultural buildings . 2. Structures in which farm animals or fowl are to be housed shall be designed with construction materials consistent with the main dwelling on the property when possible. 3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste shall not cause real or potential pollution or nuisance problems. 9. Essential Services. 1. Essential services shall be permitted as authorized and regulated by state law and ordinances of the City of Gem Lake. 10. (Deleted) 11. (Deleted) 12. Relocation of Dwelling Units. 1. It shall be the stated policy of the City of Gem Lake to maintain a harmonious and high standard of residential development and to protect residential areas from deleterious effects through insuring that both new and relocated dwellings form other areas, both within the City of Gem Lake and from outside, shall meet specifi ed requirements. Such relocation of dwellings as stated above must conform to all regulations of the Building Code and shall be permitted in the zoning district where all necessary specifications as to lot sizes, setbacks, type of use, height regulations and all other conditions as laid down in this Ordinance are met. 2. In addition, such relocations shall require a Conditional Use Permit from the City Council wherein the following procedures shall be followed and provisions shall be met: 1. Application shall be made on forms provided by the City Clerk; 2. A fee for the Relocation of Dwelling Units shall be required in an amount established by resolution of the City Council at its first meeting in January of each year. Further, the City may impose additional fees including, but not limited to, engineering costs, attorney’s fees, expert opinions and publishing costs payment of which may also be required of the applicant as part of the process. The building mover shall meet all requirements for licensing and insurance as required by Minnesota Statues 221.81 and as from time to time amended. 3. The application shall be referred to the City Council, who shall set a time and place for a public hearing giving at least ten (10) days’ public notice of such hearing. 4. At least ten (10) days before such hearing, the Council shall mail a notice of said hearing to property owners within three-hundred fifty (350') feet of the relocation premises. Failure of the Council to mail the notice, or failure of the title holder to r eceive the notice shall not invalidate the proceedings. 5. The Planning Commission shall make a report to the City Council on the matter before or at the public hearing. 6. The City Council shall make a finding and declare whether or not the structure to be moved is architecturally compatible. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 77 13. Fences. 1. General Provisions. 1. No fences shall be placed on or extend into a public or private right -of-way or utility easement. 2. The side of the fence considered the “face’ (i.e. the side having no structural supports) shall face abutting property or the public or private right-of-way. 3. Both sides of the fence shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become or remain in a condition of disrepair or danger or constitute a nuisance, public or private. 4. No physical damage of any kind shall occur to abutting property during fence construction. 5. All fences shall be constructed inside the property lines of a lot. If corner property stakes cannot be readily identified, a certificate of survey and setting of corner property stakes is necessary before fence construction starts. 6. Fences may only be placed directly on the property line with the written permission of the adjacent property owner and when maintenance free materials are used. 7. All man-made fences shall consist of materials comparable in grade and quality to the following: decorative masonry, wrought iron or wood, provided the surfaces are finished for exterior use, or wood of proven durability such as cedar or redwood is used. 8. Chain link fences shall only be used for dog confinement areas (six (6'0") foot maximum height), around swimming pools or spas four (4'0") foot maximum height) or for tennis courts (twelve (12'0") foot maximum height) in rear and side yards only. Chain lin k fences which need additional height or for other uses or placement shall require a Conditional Use Permit. 9. Fences, utilized for the protection of gardens, crops and shrubs from deer and other wildlife which are setback a minimum of twenty-five (25'0") feet from any property line, are at least eighty (80%) percent open and not greater than six (6'0") feet in height and are limited to specified areas requiring protection, shall be exempt from any City review or processing requirements. 10. It is recommended that all fences be screened with trees or shrubs to buffer views, neighboring property or public right-of-way, or to generally ensure aesthetic quality and compatibility with the natural character of the community. 2. Specific Fence Standards. Fences may be allowed in the City of Gem Lake subject to the following standards: 1. Split rail fences not exceeding forty-eight (48") inches in height are permitted anywhere within the property lines of a lot located within the City. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. 2. Except as may be provided herein, fences up to six (6'0") feet in height and no more than eighty (80%) percent solid matter shall be permitted along the boundaries of the side and rear yard of a lot on a permanent basis. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. 3. Fences not exceeding six (6'0") feet in height, in areas other than for residential areas of the City, may be permitted in front of the front building lines as established by the primary structure on the lot, where required for screening of adjacent proper ty. 4. On corner lots, no fence greater than thirty (30") inches high shall be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 5. All swimming pools must be completely enclosed with a safety fence at least four (4'0") feet in height which shall completely enclose the pool. This fence shall be as described in Section 16.14.3. A temporary fence as described in 16.14.3.3 shall be installed and shall be in-place before the pool is filled. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 78 6. All outdoor spas shall have either a fence or a latchable cover, as described in 16.14.3.4 7. Freestanding stone, brick, stucco, concrete, wood or other walls, not required as retaining structures, are considered fences under this section of this Ordinance. 8. There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district except no plantings greater than thirty (30") inches high shall be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 9. Temporary snow fences can be erected for temporary site protection or for diverting snow. Snow fences shall not be used as permanent fencing. Snow fences shall not be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 3. Fence standards allowed by Conditional Use Permits. The following fences may be approved by Conditional Use Permit only, in accordance with the standards as set forth by the City Council: 1. Fences allowed by Conditional Use Permit are as follows: 1. All chain link fences with a height greater than described in Section 16.13.1.7. 2. Fences, such as sales lot security fences, which include a security gate at a point where access is provided to the property and/or principal building 3. Fences greater than six (6') feet in height around a garden, crops, and shrubs utilized for the protection of such from deer and other wildlife. 4. Barbed wire and electrically charged fences. (All such fences must be marked with caution signs on all exposures). 4. Non-Conforming Fences. It is the intent of this section to allow the continuation of such non-conforming fences as may already exist until they are discontinued as provided herein. However, it is not the intent of this Section to encourage the survival of non-conforming fences and such fences are declared to be incompatible with permitted conforming fences and such fences are declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions: 2. An existing fence not permitted by this Ordinance, except when required to do so bylaw or ordinance, shall not be enlarged, extended, reconstructed or structurally altered unless such fence is changed to one permitted. Maintenance of a non-conforming fence will be allowed, however, when this includes necessary repairs and incidental alterations which do not expand or intensify the non -conforming use. 14. Outdoor Swimming Pools and Spas. 1. Private swimming pools shall be constructed so as to avoid hazard or damage to the occupant of the subject property or the occupants of adjacent property and shall conform as follows: 1. Permit Required. No outdoor swimming pool shall be constructed or established and no such pool construction shall be commenced in the City of Gem Lake without first obtaining building and plumbing and, as necessary mechanical permits approved by the City Building Official . 2. Applications. Applications for a swimming pool related permits may be secured from and shall be submitted to the City Clerk along with a fee determined by the fee schedule for construction permits in effect at the time of application and based upon the estimated value of the construction. Applications for swimming pool permits shall include, without limitation the following information: 1. Complete plans and specifications for the construction of the pool. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 79 2. A site plan showing the location of all structures on the lot including the house, garage, fences, trees, overhead or underground wiring, utility easements, sewage systems and other significant improvements or natural features; 3. The proposed locations of pumps, filters, electrical power source (if applicable), flushing and drainage outlets and other operational features; 1. A plan showing where pool water will be discharged and the path such discharged water will follow. In no case shall any water discharged from a swimming pool or spa be allowed to flow directly into any lakes, ponds or wetlands. 4. Location and specifications of protective fencing. 2. Construction setback requirements for pools. Private outdoor swimming pools shall be constructed as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements: 1. Underground or overhead utilities shall be located in conformance with the National Electric Code; 2. No pool shall be located within any private easement, public or private utility easement, ingress or egress easement, drainage way, marsh, or other location in which it will represent a threat to the natural environment; 3. In areas zoned or used for single family residential purposes, pools are prohibited in the front yard and shall not be located within thirty (30'0") feet of any lot lines, nor within ten (10'0") feet of any principal structure or accessory buildings except accessory building without frost footings. No mechanical equipment shall be located closer than thirty (30'0") feet to any lot line; 4. No portion of any swimming pool or appurtenances thereto shall be located less than ten (10'0") feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen(15'0") feet from any portion of the sewage treatment system. 3. Safety Fence Required. A safety fence of at least four (4'0") feet in height shall completely enclose the outdoor pool. All openings or points of entry into the pool area shall be equipped with self -closing and self-latching gates or doors. All gates and doors shall have a latch which is no less than four (4'0") feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed three (3") inches. 1. Safety fences shall be constructed of materials with minimum spaces between the materials and shall be constructed so as to inhibit the climbing thereof by any person. If a safety fence is located within an area subject to and covered by a homeowners association, and if such homeowners association has an architectural review committee, then the architectural review committee shall approve the location and style of the fence. 2. Above ground pools of four (4') feet or more in wall height shall be exempt from complete closure by a type of fence resistant to being climbed, however, above ground pools shall be equipped with a fence and gate system at all point of entry to the pool. Said fence and gate system shall effectively control access to the pool and shall be constructed pursuant to the specifications herein contain for underground pools. 3. Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more than eighteen (18") inches into the shallowest portion of any swimming pool newly constructed or being constructed until such time as the Building Official authorizes the filling of such pool with water. Such authorization shall be withheld until, as a minimum, the permittee has caused such pool to be completely enclosed by a swimming pool construction fence. Said construction fence shall: 1. Be of snow fence like of similar design and be securely anchored in place; 2. Be constructed with its base flush to the ground; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 80 3. Be at least four (4'0") feet in height and have supportive posts placed no more than eight (8'0") feet apart; 4. Remain in place until a permanent fence completely enclosing the swimming pool is installed. 4. All outdoor Spas shall either have a fence as described in this section for outdoor swimming pools or a latchable cover. The cover should be constructed of a material impenetrable by toddlers and subject to inspection by the City building Official. 4. Miscellaneous Requirements. 1. All back-flushing water or pool drainage water shall be directed to be on the property of the owner or on approved drainage ways. Drainage onto public or private streets or other public or private drainage ways shall require a permit from the City Building Official. 2. Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties. 3. All electrical installations shall comply with the State Electrical Code. 4. Precautions during construction: 1. Avoid damage, hazards or inconvenience to adjacent or nearby property; 2. Assure that proper care shall be taken in stockpiling excavating materials to avoid erosion, dust or other infringements upon adjacent property; 3. All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to streets and adjacent private or public property. 5. Nuisance. The conduct of persons and the operation of pools shall be the responsibility of the owner and any tenants thereof and such conduct of persons and operation of the pool shall be done in a manner so as to avoid any nuisance or breach of the peace, and it shall be unlawful to allow loud noises to go beyond the boundaries of the property upon which the pool is located to adjacent property. 15. Land Reclamation. 1. Under this Ordinance, Land Reclamation shall be defined as the reclaiming of land by depositing of material so as to elevate the grade. In all Zoning districts, Land Reclamation shall be permitted only upon issuance of a Special Use permit. Any lot or parcel upon which an aggregate amount of four hundred (400) cubic yards or more of fill is to be deposited shall be defined as Land Reclamation. The request for a Land Reclamation permit shall contain at least the following: 1. Completed Special Use Permit form and necessary fees; 2. Survey of the site where Land Reclamation is to occur showing land contours before and after Land Reclamation. This survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent parcels of land. 3. A sketch showing current water drainage from/to the site and any modifications of such drainage after Land Reclamation is complete. 4. A description or sketch showing the soil erosion control measures to be used during this Land Reclamation activity. 5. Description of the amount, origin and types of materials to be placed on the land as part of this Land Reclamation. 6. A sketch and/or description of the final cover material to be placed on the fill deposited by this Land Reclamation. The City Council may require a monetary deposit be placed with the City to insure that the final grading and landscaping be completed per the supplied sketches and description. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 81 7. Statement of when this Land Reclamation is to occur including the hours of the day and days of the week of such planned activities. The City might further limit these hours and days of operation. 8. A route map showing the route for the trucks moving to and from the site. Copies of any special permits needed from the county or state highway departments should be attached. 2. Each Land Reclamation Special Use permit shall be valid for a maximum of one year or as described in the Special Use permit issued by the City. 16. Mining. 1. Under this Ordinance, mining shall be defined as the extraction and incidental processing of sand, gravel, or other materials from the land in the aggregate amount of four hundred (400) cubic yards or more of removal thereof from a single site. In all zoning districts, the conduct of Land Mining shall be permitted only upon issuance of a Special Use Permit. Each request for a permit for Land Mining shall at least include the following: 1. Completed Special Use Permit form and necessary fees 2. Survey of the site where Land Mining is to occur showing land contours before and after the Mining. This survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent parcels of land. 3. A sketch showing current water drainage from/to the site and any modifications of such drainage after Land Mining is complete. 4. A description or sketch showing the soil erosion control measures to be used during this Land Mining activity. 5. A sketch and/or description of the final cover material to be placed on the land exposed by this Land Mining. The City Council may require a monetary deposit with the City to insure that the final grading and landscaping be completed per the supplied sketc hes and description. 6. Statement of when these Land Mining activities are to occur including the hours of the day and days of the week of such planned activities. The City might further limit these hours and days of operation. 7. A route map showing the route for trucks moving to and from the site. Copies of any special permits needed from the county or state highway departments should be attached. 2. Each Land Mining Special Use permit shall be valid for a maximum of one year or as described in the Special Use permit issued by the City. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82 SECTION 17. ADMINISTRATION AND ENFORCEMENT 1. Enforcing Officer. 1. The Mayor shall appoint a Zoning Administrator, subject to the approval of the City Council, who shall have the duty and responsibility of enforcing and administering this Ordinance. 2. Building Permit. 1. No structure shall hereafter be erected, or structurally altered until a building permit shall have been issued indicating that the existing or proposed structure and the use of land, comply with this Ordinance and all Building Codes. All applications for building permits pertaining to the erection, or major alteration which will affect the outside dimensions of a structure shall be accompanied by three (3) copies of a site plan to scale showing the actual dimensions of the lot, lots or parcel to be built upon, the dimensions of the ground plan and the extensions beyond the outside wall of the proposed structures to be erected or structurally alter ed, their location on the site in relation to the outside boundary and such other information as may be necessary to provide for the enforcement of these regulations. One copy of the site plan is to be approved and is to be made available on the site. 3. Duties of the Zoning Administrator. 1. The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority he shall: 1. Conduct inspections of buildings and use of land to determine compliance with the terms of this Ordinance; 2. Maintain permanent and current records of this Ordinance, including but not limited to, all maps, amendments, and conditional and interim uses, variances, appeals and applications, thereto; 3. Receive, file and forward all applications for zoning amendments, variances, conditional or interim uses or other matters to the Planning Commission and City Council; 4. Institute in the name of the City of Gem Lake any appropriate actions or proceeding against a violator as provided by law; 5. Approve all building permits, submitted by the Building Inspector, after determining that the permit is in compliance with this Ordinance. This approval must be made before the permit is issued; 6. Act as Chairman of the Gem Lake Plan Review Commission. 2. The City Council may, on prior recommendation of the Zoning Administrator, empower the Ramsey County Sheriff in specific instances to perform any of the acts which the Zoning Administrator is directed or authorized to perform by this Section. 4. Variances. 1. Purpose and Intent. The City Council, sitting as the Board of Appeal and Adjustment, may grant Variances from the strict applications of the provisions of this Zoning Ordinance and impose conditions and safeguards in the Variances so granted. These Variances shall be considered in cases where by reason of narrowness, shallowness, or shape of a lot or where by reason of exceptional topographic or water conditions or where other extraordinary and Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 83 exceptional conditions of such lot exist, the strict application of the terms of the Zoning Ordinance would result in practical difficulties upon the owner of such lot in complying with the regulations of the zoning district in which said lot is located. “Practical difficulties,” as used in connection with the grant of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. 2. Application. An application for any Variance from the Zoning Ordinance shall be made on a form provided by the City. If the Variance is to be considered in association with any other Building Permits, Conditional or Interim Use Permits, or Subdivision, all related app lications shall be submitted simultaneously with the Variance application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state full all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the Variance as required and communicated by the Zoning Administrator. 1. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the application within the period prescribed unless said required period is extended or waived. 2. When reviewing variance applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Plan. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the expense of the applicant concerning the application. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. 5. Referral to City Council. The Planning Commission shall make written findings of fact and recommendation to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance and the Comprehensive Plan. 6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. The City Council shall, in the form of a resolution, make a written finding of fact, and convey its decision to approve or deny the application. The Council may impose conditions on the grant of a Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 84 variance, provided that any condition imposed is directly related to a likely impact of the variance, and in rough proportionality to the scope of said impact. Approvals shall require a majority vote of the City Council. 7. Issuance of Variance. Following a decision by the City Council to approve or deny the application, the Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. 8. Lapse of Variance. Any Variance issued shall lapse if not acted upon within one (1) year of the date of issuance. 5. Conditional and Interim Use Permits. 1. Purpose and Intent. The City Council may, by resolution, grant Conditional or Interim Use Permits for the uses and purposes described elsewhere in this Ordinance as Conditional or Interim Uses and may, in the granting of such Conditional or Interim Use Permits, impose conditions and safeguards which promote the guidelines set forth in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this Ordinance. 2. Application. An application for a Conditional or Interim Use permit shall be made on a form provided by the City. If the Conditional or Interim Use Permit is to be considered in association with any other building permits, variances, or subdivision, all related applications shall be submitted simultaneously with the Conditional or Interim Use Permit application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required under Minn. Stat. § 15.99, the City shall act on the application within the 60-day period unless said required period is extended or waived. 1. When reviewing Conditional and Interim Use Permit applications, except those for residential building height, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Municipal Plan; and 8. Anticipated Duration of the Conditional or Interim Use. 2. Residential Building Heights. When reviewing Conditional Use Permit applications which deal exclusively with residential building heights, the matter shall be forwarded to the Gem Lake Plan ning Commission who shall, in a timely manner, review all such applications in accordance with criteria established and, from time to time, modified. Upon completion of the review, the Plan Review Commission shall forward the application along with its written recommendation to the City Council for consideration and approval or denial at its next regular meeting. No review by the Planning Commission as required in Section 17.5.3 or Public Hearing as required in Section 17.5.4 shall be required for this Conditional Use unless specifically ordered by the City Council. In all such matters, the City Council shall be considered the Board of Appeals. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To ensure preservation of health, safety, and general welfare Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85 of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed Conditional or Interim Use on: the Comprehensive Plan; the character and development of the neighborhood and Zoning District; conformance with the Performance Standards and o ther provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Conditional or Interim Use. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all owners of real property located within three hundred fifty (350'0") f eet of the Conditional or Interim Use site based upon a list and mailing labels secured from Ramsey County Property Records and Revenue. 5. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the Comprehensive Plan and recommendation to approve or deny the application to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance. 6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. In considering the application, the City Council shall determine that the proposed Conditional or Interim Use: 1. Will not be detrimental to public health, safety, and general welfare; 2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; and 3. Is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written finding of fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 7. Issuance of Conditional or Interim Use Permit. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals, a Conditional or Interim Use Permit shall ap ply only to the use stated on the permit and the application. 8. Lapse of Conditional or Interim Use Permit. If the use stated on the permit and application is not taken up and implemented within one (1) year of the date of issuance, such issued Conditional or Interim Use Permit shall lapse. 9. General Standards. All Conditional and Interim Uses shall comply with the following general standards. 1. Existing Uses. Shall be in accordance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. 2. New Uses. Shall conform as follows: 1. Compliance with all zoning and other regulations as may otherwise be applicable; 2. The date or the event that will terminate the use can be identified with certainty; 3. The existence of the Conditional or Interim Use will not impose additional costs on the public if it becomes necessary for the public to take the property in the future; 4. The user agrees to any conditions of approval associated with the approval of the Conditional or Interim Use Permit by the City Council. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86 3. Existing and New Uses. Shall conform as follows: 1. Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development; 2. Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance; 3. Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. 6. Amendments. 1. General. In accordance with provisions of Minnesota Statues, the City Council may, from time to time, adopt amendments to this Ordinance providing such amendments are consistent with the intent of the Comprehensive Municipal Plan. 2. Initiation. The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text, tables or district boundaries and maps of this Ordinance. Any person(s), firm(s), or corporation(s) who are the fee title owners of real property in the City or who have been designated in writing to represent the interest of the fee title owners of real property in the City may initiate a request to amend the text, tables or district boundaries and maps so as to affect the said real property or such real property adjacent thereto. 3. Application. An application to Amend the Zoning Ordinance shall be made on a form provided by the City. If the application to Amend the Zoning Ordinance is to be considered in association with any other Building Permits, Variances, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted simultaneously with the application so as to represent the full intent of the application. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount a s established in the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date of the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, The City shall act on the application within the period prescribed unless said required period is extended or waived. 4. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed application on: the Comprehensive Municipal Plan; the character and development of the affected neighborhood(s) and Zoning District(s); conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the amendment. 1. Only applications for zoning amendment which meet one of the following conditions should be considered: 1. A mistake has been made in the original zoning which was inconsistent with the Comprehensive Municipal Plan adopted by the City which should now be corrected; or 2. Substantial changes have occurred within the City since the adoption of the Comprehensive Municipal Plan which changes should result in an amendment of both the zoning and the Comprehensive Municipal Plan; or 3. There shall exist a clear public need for a benefit to be derived from the proposed zoning which shall be greater than any benefit or convenience of the property owners. 4. Beyond a public need being evident, the application shall show that the public interest would be best served by rezoning the property in question and that the property in question is the best qualified to serve said public need; or Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 87 5. In the case of “down zoning” which would diminish the intensity of the current use to a less intensive use, the proposed zoning shall allow the property owners a reasonable use of their property under the terms of this ordinance as well as serve the public interest. 2. When reviewing a zoning amendment applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Plan. 5. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. If the amendment might affect the zoning or use of specific property, a similar notice shall be mailed to all owners of real property located within three hundred fifty (350') feet of the affected property based upon a list and mailing labels secured from Ramsey County Property Records and Revenue by the applicant and within the same time frame. 6. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance. 7. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be within the time prescribed by law unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. In considering the application, the City Council shall determine that the proposed amendment: 1. Will not be detrimental to public health, safety, and general welfare; 2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; 3. Is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written finding a fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 8. Adoption of the Amendment and Incorporation of Amendments into the Ordinance. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals and unless otherwise specified by the City Council, the Amendment shall be considered in effect on a date specified by the City Council, but not later than thirty (30) days subsequent to the City Council’s decision. 7. Appeals 1. All appeals from any order, requirement, or decision of the Zoning Administrator or Building Official shall be brought before the Planning Commission who shall act in the capacity of Board of Appeals in all matters related to this Ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 88 2. All appeals shall be filed in writing with the Zoning Administrator accompanied by any substantiating information and list of experts who shall may testify on behalf of the appellant. Upon receipt, materials shall be forwarded to the Chairman of the Planning Commission who shall place the matter on the agenda of the next meeting or a special meeting, provided a notice of the special meeting is appropriately published in the City’s legal publication. Notice of all hearings for appeals shall be mailed to all appellants. 3. Upon review of the appeal and supplemental documentation and testimony related thereto, the Planning Commission shall decide the matter subject to judicial review or appeal to the City Council. 4. In the event the appeal is granted, it shall be published in the City’s legal publication and shall become effective the date of publication. 8. Fees. 1. Application Fees. The fees to be paid to the City for an application for amendment of this Ordinance, a Variance from this Ordinance, a Conditional or Interim Use Permit, or any construction, plumbing, electrical, mechanical or other related permit shall be made payable to the City in an amount established, and from time to time, amended by resolution of the City Council. 2. Supplemental Costs. In addition to application fees, the City shall require payment of supplemental costs related to an action or application including, but not limited to: attorney’s fees, fees of outside experts; staff time; direct expenses exceptional to the effort and as identified by City staff. The applicant shall deposit funds with the City, to be held in escrow, for payment of these supplemental costs, as determined by the City Council in ordinances adopted from time to time setting forth fees and charges for City services. Any application fees shall be applied to the costs incurred by the City. All expenses and costs incurred by the City in connection with an application under this Ordinance shall be borne by the applicant, and paid prior to final a ction on the application. Any amounts remaining from a deposit posted by an applicant shall be refunded to the applicant within thirty (30) days after final action on the application. 3. Fees shall be payable at the time applications are first filed with the City and are not refundable unless the application is withdrawn prior to referral of the matter for consideration. There shall be no fee in the case of an application filed in the public interest by members of the Planning Commission or City Council. 9. Violations and Penalties. Any person, firm, corporation, or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be charged with a misdemeanor and, upon conviction thereof, subject to the maximum penalties provided for by law and costs for every offense. Each day that a violation is permitted to exist shall constitute a separate offense. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89 SECTION 18. PERFORMANCE STANDARDS 1. General. The performance standards established in this section are designed to encourage high quality development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban and rural blight. The Zoning Administrator, assisted by the Building Inspector, shall be responsible for enforcing these standards and may require the submission of information showing compliance or non-compliance with the standards. 2. Requirements for Consideration. 1. Construction Plan Review 1. Residential Construction 1. Prior to the start of construction or remodeling that will create a new building or structure or will change the outside dimensions of any building or structure located in a residential zoning district, six (6) copies of the following data must be furnished to the Zoning Administrator. 1. Existing Improvements. Copies of a site plan drawn to a scale not smaller than one inch equals fifty feet (1" = 50') for the lot upon which the structures will be built or remodeled. Each site plan shall identify the location(s) and size(s) of all existing structures, proposed structures or additions, driveways, sidewalks, parking spaces and Individual Sewage Treatment Systems (ISTS). The dimensions and area calculations of the lot and all building set-back lines shall also be shown. 2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall be identified and set-back lines to all structures shall be indicated on the site plan. 3. Trees and Landscape. If the proposed construction or remodeling will result in any loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan as described in Section 27 shall be provided. A landscape plan shall also be provided indicating existing and proposed vegetation improvements. 4. Plans. Preliminary architectural plans including floor plans and exterior elevations for the proposed construction or remodeling. 5. Sediment and Erosion Control. Identification of all Best Management Practices (BMP) to be employed on the property to provide sediment and erosion control in accordance with Section 22 of this ordinance. 6. Additional Data. Any additional data requested by the Zoning Administrator or Plan Review Commission due to conditions peculiar to the property. 2. Commercial Construction 1. Prior to the start of construction or remodeling that will create a new building or structure or will change the outside dimensions of any building or structure located in a commercial or business zoning district, six (6) copies of the following data must be furnished to the Zoning Administrator. 1. Existing Improvements. Copies of a Registered Surveyors Report drawn to a scale not smaller than one inch equals fifty feet (1" = 50') for the lot upon which the structures will be built or remodeled. Each site plan shall identify the location(s) and size(s) of all existing structures, proposed structures or additions, driveways, sidewalks, parking Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 spaces and Individual Sewage Treatment Systems (ISTS). The dimensions and area calculations of the lot and all building set-back lines shall also be shown. 2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall be identified and set-back lines to all structures shall be indicated on the site plan. 3. Topography. A topographical survey in two (2') foot increments and at a minimum scale of one inch equals twenty feet (1" = 20') for the proposed construction site which includes existing topographical and natural features, proposed changes to the topographical and natural features, existing structures and improvements and proposed structures and improvements. 4. Trees and Landscape. If the proposed construction or remodeling will result in any loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan as described in Section 27 shall be provided. A landscape plan shall also be provided indicating existing and proposed vegetation improvements. 5. Fences and Screening. Details and specifications for all fencing, walls and screening devices to be installed as part of the project. 6. Storm Water Drainage Plans. Identification of all Best Management Practices (BMP) to be employed on the property to provide storm water drainage sufficient to drain and dispose of all surface water accumulation within the proposed development site, said BMP’s to be in accordance with Section 22 of this ordinance. These plans to be reviewed by the City Engineer and the appropriate Watershed Management Organization (WMO). 7. Sediment and Erosion Control. Identification of all Best Management Practices (BMP) to be employed on the property to provide sediment and erosion control in accordance with Section 22 of this ordinance. These plans to be reviewed by the City Engineer and the appropriate Watershed Management Organization (WMO). 8. Traffic and Parking. Detailed plans showing all entrances and exits accompanied by reviews by Ramsey County if development will access onto a county road or MN DOT if development will access onto a state highway. Plans shall also include all interior driveway and road details, parking requirements and emergency access routes. 9. Lighting. Lighting plans shall include all proposed installation of exterior, parking lot, display and storage lot lighting. 10. Signage. Proposed placement, description and quantity of all sign types and associated fixtures. 11. Structure Plans. Preliminary architectural plans including floor plans, exterior elevations and description of exterior facades. 12. Deviations. Plans should be accompanied by a list of all Variances, Conditional or Interim Use Permits, and Zoning Amendments required for the development. 2. Cost of Data Review. 1. All costs in excess of those already included in established permit fees incurred by the City in the review of the data supplied for commercial construction, such as City Engineer plan review costs, shall be paid by the person presenting the plans, prior to any approval. The final approval of these plans will not be voted on by the City Council until all costs have been paid. 2. Whenever the proposal may involve a potential for significant environmental impact, or if an Environmental Impact Statement or an Environmental Assessment Worksheet may be needed by state law or applicable regulation, the City will require the applicant to prepare or pay for the professional assistance needed in the preparation of these statements or worksheets. 3. Procedures for Review. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 91 1. Residential Construction. 1. No building permits will be issued for the proposed construction or remodeling until the data required has been reviewed and approved by the Plan Review Commission which shall be charged with completion of the review in a timely manner. 1. If approved by the Plan Review Commission, one (1) copy of the data shall be filed with the application for a building permit, one (1) copy shall be attached to the architectural plans retained by the City for its records and one (1) copy shall be attached to the architectural plans and made available for inspection at the construction site. 2. In the event the applicant and Plan Review Commission disagree on any portion of the proposed plans which would preclude issuance of a building permit, the matter may be submitted to the City Council. In this case, the City Council shall act as the Board o f Appeals and may order approval of the building permit application as presented, may order approval of the building permit application with such amendments as it may deem appropriate or may order denial of the building permit application. 2. Commercial Construction. 1. No building permits will be issued for the proposed construction or remodeling until the data in required has been reviewed by the Zoning Administrator and submitted for review by the Planning Commission at its next regular meeting. The Planning Commission with assistance as requested by the Plan Review Commission, City Engineer, Building Official or other such professionals as it may deem necessary shall review the submittal and forward recommendations to the City Council for approval of the building permit application, approval of the building permit application with such amendments as may be appropriate or denial of the building permit application. 1. If approved by the City Council, one (1) copy of the data shall be filed with the application for a building permit, one (1) copy shall be attached to the architectural plans retained by the City for its records and one (1) copy shall be attached to the architectural plans and made available for inspection at the construction site. 2. In the event the applicant and City Council disagree on any portion of the proposed plans, the matter may be resubmitted with amendments to the Planning Commission for reconsideration and the Planning Commission shall review the resubmittal and forward recommendations to the City Council for approval of the building permit application with amendments as resubmitted or denial of the building permit application. 3. Exterior Storage. 1. Residential Districts. 1. In Residential Districts, all materials and equipment shall be stored within a building or fully screened (so as not to be visible) from adjoining properties or a street, except for the following; laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premis es, off- street parking of passenger automobiles and pick -up trucks, except inoperative automobiles and trucks may be parked once for a period of time not to exceed fourteen (14) days. 2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable storage units is not allowed in any residential district except when used in conjunction with an Interim Use Permit, issuance of which is not subject to a public hearing, issued for a period of not more than one- hundred twenty (120) days in conjunction with a properly issued Building Permit for the property. Whenever possible, such containers should be restricted to a location in the side or rear yard. 2. Business District. 1. In business districts all materials, equipment and vehicles shall be stored in a building or fully screened (so as not to be visible) from adjoining properties or a street except for: Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 92 1. Temporary storage of construction and landscaping materials currently being used on the premises. 2. Open Storage Lots where screening but not a building shall be required. 3. Open Sales or Rental Lots where merchandise for retail sales or rental may be displayed in areas designated by the required Site Plan or a Conditional or Interim Use Permit. 2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable storage units is not allowed in any business district unless an Interim Use Permit for a period not to exceed one-hundred eighty (180) days is first secured in accordance with Section 17.5 of this Ordinance. Whenever possible, such containers should be restricted to a location in the side or rear yard. 4. Refuse. 1. In all Districts, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Farms may be excluded from this requirement providing the waste material is that commonly associated and incidental to normal farm operations. The owner of vacant land shall be responsible for keeping such land free of refuse, and weeds. 1. In all non-residential districts, all commercial refuse containers shall be enclosed in a building or properly fenced or screened to prevent any refuse from spilling beyond the fenced or screened area and to prevent access by children or other unauthorized persons. Fences or screens shall also be subject to the provisions for same found elsewhere in this ordinance. 2. In all Districts, no person shall store, park or permit the parking or storage of any junked vehicle, machinery or equipment external to any structure, on any property within the city. 5. Screening. 1. Screening shall be required in all zones where: 1. Any off-street parking area contains more than four parking spaces and is within thirty (30') feet of an adjoining residential use or zone; and 2. Where the driveway 3. To a parking area of more than six (6) parking spaces is within fifteen (15') feet of an adjoining residential use or zone. 2. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street fr om a developed residential zone, but not on that side of a business or industry considered to be the front (as determined by the Building Inspector). 3. In all districts, all exterior storage shall be screened. The exceptions are: 1. Retail merchandise being displayed in front of the structure; 2. Materials and equipment being used for construction on the premises; 3. Merchandise located on service station pump islands. 4. The screening in this section shall consist of a solid fence or wall not less than five (5') feet high, but shall not extend within fifteen (15') feet of any street, right -of-way or driveway. The screening shall be placed along property lines or in case of screening along a street, fifteen (15') feet from the street right -of-way with landscaping between the screening and the pavement. A louvered fence shall be considered “solid” if it blocks direct vision. Planting of a type approved by the Council may also be used as a screening. 1. Screening shall also be subject to additional provisions of other sections of this Ordinance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 93 6. Landscaping. 1. In all Districts, all exposed ground areas surrounding or within a principal or accessory use including but not limited to street boulevards not devoted to drives, sidewalks, patios and the like shall be landscaped. 2. Landscaped yards shall be provided along all streets, both public and private. Landscaped yards shall not be used for parking of vehicles or equipment or for storage or display of household items, materials, supplies or merchandise advertised for sale. Landscaped yards shall be at least twenty (20') feet in depth along all streets measured from the right-of-way. Except for driveways, the yard shall extend along the entire frontage of the lot and, in the case of a corner lot, along both streets. 3. All property owners and their (sub-) contractors shall employ and maintain sediment and erosion control in accordance with Section 22 of this ordinance until landscaping is complete. 4. All landscaping shall be completed within one (1) growing season after completion of any development, grading and filling, construction, or other activity which shall result in exposed ground on the property. 7. Maintenance. 1. In all Districts, all structures, landscaping and fences shall be maintained so as not be unsightly or present harmful health and safety or nuisance conditions to the adjoining areas. 8. Lighting and Glare. 1. In all Districts, any lighting shall be arranged as to deflect light from all adjoining property, and from the public streets and highways. Direct or sky-reflected glare, whether from lighting or from high temperature processes such as welding, shall not be directed into any adjoining property. 2. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. 3. Outdoor Lighting. All outdoor lighting shall be so designed and installed so that light will not be directed onto adjoining property or public streets and highways. Lighting units shall be properly shielded to give no upward component of light to create a sky-glow. 1. Outdoor lighting fixtures shall be mounted at the lowest possible level above ground, but in no case shall any pole or structure for mounting such fixtures exceed the maximum principal structure height restrictions. 2. Prior to installing or remodeling any outdoor lighting, a site plan showing type, location and configuration details and proposed area of direct illumination must be submitted to the Zoning Administrator for his approval. 3. After completion of any outdoor lighting system the property owner may be required to submit an affidavit, by a registered lighting engineer, that the completed project does not exceed the requirements of this section. 4. Lighting used to illuminate sales lots. Lighting used to illuminate sales lots for new or used cars shall be arranged and designed so as to comply with the following limitations: 1. Maximum maintained lighting level at any point within the boundaries of the lot, measured 36 inches above grade, shall not exceed one-hundred twenty (120) foot candles. 2. Maximum maintained vertical illumination, measured thirty (30') feet out from the property line with the meter directed toward the lot, shall be five (5) foot candles. 3. The maximum point brightness, measured with a brightness meter from a point thirty (30') feet out from the property line, shall be no greater than six-hundred (600) foot Lamberts. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 94 5. Lighting for outdoor storage areas. Lighting for outdoor storage areas shall comply with the following limitations: 1. Maximum maintained lighting level at any point within the area, measured thirty -six (36") inches above grade, shall not exceed fifteen (15) foot-candles. 2. Maximum maintained vertical illumination, measured five (5') feet out from the property line with the meter directed toward the area in question, shall be two (2) foot -candles. 3. Maximum point brightness, measured with a brightness meter from a point five (5') feet out from the property line, shall be no greater than three-hundred (300) foot Lamberts. 6. Lighting for off street parking. Lighting for off street parking lots shall comply with the following limitations: 1. Maximum maintained lighting level at any point within the boundaries of the parking area, measured thirty six (36") inches above grade, shall not exceed two (2) foot -candles. 2. Limitations on the hours of lighting operation may be imposed by the City Council. 9. Vibrations. 1. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction. 10. Off-Street Loading. 1. In connection with any structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off -street loading space on the basis of adequate space for loading and unloading all vehicles used incidental to the operation of the use. 1. No loading berth of vehicles over two-tons capacity shall be closer than one-hundred (100') feet to any residence district unless completely enclosed by building walls not less than eight (8') feet in height. 2. Where noise from loading or unloading activity is audile in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m. 11. Traffic Control. 1. The traffic generated by any use shall be channeled and controlled in a manner that will avoid: 1. Congestion on the public streets; and, 2. Traffic hazards; and 3. Additional truck traffic through residential areas. 2. Internal traffic shall be so regulated as to insure its safe and orderly flow. 3. Traffic into and out of business and industrial areas shall avoid residential areas and in all cases be forward -moving with no backing into streets. 4. All entrances from private property onto city streets shall be subject to review and approval of the City Engineer and all entrances from private property onto county roads or state highways shall be subject to review and approval by Ramsey County Public Works or the Minneso ta Department of Transportation. 12. (Deleted). 13. Architecture. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 95 1. It is hereby affirmed as public policy that the appearance of this community is a proper matter for public concern and that all developed open spaces, and all buildings, signs, plantings, surfaces and structures which may be seen from the public ways are subject to the provisions of this Ordinance. 2. In all Districts, all principal buildings other than one -family dwellings must be designed or approved by a registered architect and certified in accordance with the appropriate Minnesota State statutes. 3. In all Business Districts, a building permit shall not be issued unless the proposed use is designed, sited, oriented and landscape-planned to produce a harmonious relationship of building and grounds with adjacent buildings and grounds and with the environment of the neighborhood. 4. In all Residential Districts, a building permit shall not be issued if the proposed building is so similar or dissimilar to the other homes in the area as to result in depreciation of property values in the neighborhood. 14. Explosives. 1. No activities involving the storage, utilization or manufacture of materials or products, such as TNT or dynamite, which could decompose by detonation shall be permitted except such as are licensed by the Council. 15. Radiation and Electrical Emissions. 1. No activities shall be permitted that emit dangerous radio-activity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. 16. Aircraft. 1. Landing Area. Aircraft landing areas are hereby prohibited within the City of Gem Lake. 2. Operation. The landing and the taking off of aircraft within the City of Gem Lake is prohibited except for emergencies or by duly authorized law enforcement, military or medical transport aircraft. 17. Other Nuisance Characteristics. 1. No noise, odors, vibration, smoke, air pollution, dangerous wastes, heat, glare, dust, or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. 2. All wastes shall be properly contained, fenced or screened and disposed of in a manner that is not dangerous to public health and safety. 18. Consistency with Plans and Policies. 1. The proposed use shall preserve the intent and purpose of this Ordinance and shall be consistent with the goals, plans and policies of the City’s Comprehensive Plan. 19. Clustering and Density Transfer. 1. This clustering and density transfer system is to provide a means by which parcels of land in the City of Gem Lake, having unusual building characteristics due to subsoil conditions, elevation of the water table, water area, and/or relative location or shape of the parcel may be more efficiently utilized. Density zoning also provides a means to preserve and protect natural resource areas such as wetlands, woodlands, steep slopes, as well as good agricultural land and scenic views. Basically, this approach allows a developer to cluster housing or business units in buildable areas in return for leaving the natural resource areas or agricultural land open from development. 2. The City Council, in determining the reasonableness of the proposed clustering, shall consider the following factors: 1. Location, amount and proposed use of open space; 2. Location, design and type of dwellings or business provided; 3. Physical characteristics of the site; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 96 4. Relationship of the proposed dwelling or business units to nearby uses. 3. The owner or owners of any tract of land in the City of Gem Lake may submit to the Planning Commission, for review and recommendation to the City Council, a plan for use and development of such a tract of land as a cluster area by making an application for a Conditional Use Permit authorizing completion of the project according to an approved plan. The plan for the proposed project shall conform to the requirements of the Use District within which the land is located except as hereinafter modified: 1. The tract of land for which a project is proposed and a Conditional Use Permit requested shall not be less than five (5) acres in size; and 2. The applicant shall state precisely what, in this opinion, are the unusual characteristics of this site for purposes of justifying the granting of a Conditional Use Permit for this project; and 3. The plan shall be submitted in the form of a preliminary plan and be in complete conformance with what would be submitted as described in the City of Gem Lake Subdivision Ordinance for a preliminary plan, and, 4. The number of dwelling or business units proposed for the entire subdivided area shall not exceed the total number permitted for the Use District within which the land is located, unless a bonus is given for unique uses of the area; and, 5. The average lot density in the plan shall not be greater than the maximum for the area and the lot area of any one (1) lot shall not be reduced more than one-half (½) by assigning additional dwelling or business units; and, 6. That land which is set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. This land shall be dedicated as a “conservation easement” naming both the City and the Minnesota Land Trust or similar as holders of that title for that land. Provisions for the continual maintenance of that “easement” area so dedicated and accepted by the City shall be required from the property owner(s). 4. When calculating the number of dwelling or business units per acre the size of site shall be determined by the total land area within the perimeter of the privately owned property. This will include any area of newly proposed public or private roads of road rights-of-way. 5. A density bonus of up to ten (10%) percent of the maximum allowable dwellings on a defined parcel may be allowed by the City Council Section 20. Park Land Dedications Requirements. 1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination) shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre-development land value. 2. Subdivision of land which has been previously platted and officially recorded, and which contains less than one (1) acre shall be exempt from dedication requirements. 3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution. 4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 97 5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the Zoning Ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: 1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces, and 2. That the public ownership and maintenance of the open space is adequately provided for by written agreements, and 3. That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and 4. That the proposed private open space is reasonably adaptable for use for park and recreations purposes, taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access and location of private open space lands, and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council, and 6. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, ap propriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and play grounds which benefit the residents of the City. 8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 98 SECTION 19. SIGNS 1. Purpose and Intent. 1. The purpose of Gem Lake sign regulation is to promote the creation of an attractive visual environment in the City. The regulations are intended to promote a healthy economy by allowing businesses and individuals to effectively inform, identify, direct and communicate with the public using rights of way in Gem Lake. This aim is balanced with an equal intent to foster public safety and maintain an attractive built environment in the City by encouraging the appropriate design, scale and placement of signs in the City. The regulations are intended to encourage the orderly placement of signs, to assure that the information displayed on any sign is clearly visible for its intended purpose, and to allow the fair and consistent enforcement of the sign regulations by the City of Gem Lake. 2. Findings. 1. The City Council concludes that it is necessary to regulate signs in the City in order to promote and preserve public health, safety and welfare. That conclusion is based upon the following findings: 1. Signs provide an important medium through which individuals and businesses may convey a variety of messages. 2. Signs can create hazards to motorists and pedestrians, particularly when inappropriately designed or placed signs interfere with necessary sight distances, divert the attention of drivers and pedestrians, or obscure directional guidance or traffic control devices. 3. A positive sense of place and community image is important to the health and welfare of individuals and businesses in Gem Lake. Community image and aesthetic is also a key component of property values in the City. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the community. 4. Uncontrolled and unlimited signs result in roadside clutter and obstruction of views for motorists and pedestrians, and diminish the ability of any sign to effectively convey its intended message. 5. Properly regulated signage can create an atmosphere of prosperity, stimulate positive commercial activity and consequently lead to increased employment, higher property values and a healthier tax base. 6. Citizens have different expectations for the aesthetic environment of a residential area compared with that of a commercial area. Signs should be smaller in scale and their use generally more restricted in residential areas than in commercial areas where the public expects to see a variety of signs. 3. Permit Required. 1. No sign shall be erected, altered, reconstructed, maintained or moved in the City without first securing a permit from the City. The speech content of the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to properly evaluate the signage area, design and placement. A proposed sign with a structure requiring a building permit or electrical permit must obtain those permits in addition to a sign permit. 1. Exemptions. The following signs shall not require a permit, but remain subject to the standards of these regulations concerning erection, maintenance and removal, and the standards of any other applicable law or ordinance. 1. A sign, of less than four (4) square feet in display area, indicating the address of a building. 2. A sign on a residential property, of less than four (4) square feet in display area, stating the name of the owner or occupant in addition to the address of the property. 3. Traffic control signs, related directional aids, and traffic control devices installed by a unit of government having authority over the adjacent right -of-way, or at the direction of such a government. 4. Signs not visible from a public or private right-of-way. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 99 5. Newspaper boxes. 6. Flags, up to a combined total of 35 square feet, with no one flag larger than 15 square feet in size. 7. Official notices posted on a property at the direction of a court, public body, or public safety official. 8. A sandwich board, menu board, A-frame, T-frame or similar sign which does not exceed six (6) square feet in size, is not illuminated, is located within 15 feet of the primary building entrance of the owner or tenant placing the sign, and is only displayed during hours of business operation. No more than two signs may be placed by any single owner or tenant at any given time. Signs of this type must be placed in a location where they will not impede foot traffic 9. A temporary sign or signs, up to a total of ten (10) square feet of display space, erected by the owner or rental tenant of the property on which the sign is placed. 10. A temporary sign directing people to an event or occurrence located on the property of the person erecting the sign. Such signs are limited to six (6) feet or less of display space and must be installed so that they are less than four (4) feet in height. If placed on property not owned or rented by the person erecting the sign, the property owner must give express permission to erect a sign on the property. A maximum of five (5) such signs may be placed in the City for any given event or occurrence. Such signs may be erected up to two (2) days prior to the event or occurrence, and shall be removed within two (2) days following the event or occurrence. In no event shall such a sign remain in place for more than seven (7) days. 11. A change in the message content (words, logos, or similar graphics) of an existing permanent sign, without change in any other characteristics of the sign. 2. Operation of Minnesota Election Law on Regulations. For the period beginning August 1 in a State general election year and ending ten (10) days following the general election, or thirteen (13) weeks preceding a special election until ten (10) days following the special election, these regulations shall hav e no effect upon the size or number of non-commercial signs within the City. Signs placed during this period shall be removed by the person responsible for erecting them within the 10 days following the election. Signs may be placed upon private property with permission of the property owner, but may not be placed within the public right -of-way or within a sight triangle. The City retains the right to remove and destroy any such signs so placed. 3. Permit Application. Application for a sign permit shall be made upon the City’s application form, and shall contain the following information: 1. Name, signature, address and phone number of the property owner. 2. Name, signature, address and phone number of the applicant, if different from the property owner. 3. The address or property identification number of the property where the sign is proposed to be erected. 4. An inventory of existing signs on the site and combined display area. 5. A complete set of plans showing elevations, distances, setbacks from lot lines, location of buildings and other signs, size of the proposed sign and structure, and other details to fully and clearly represent the construction and placement of the sign. 6. Plans and specifications relating to the method of construction, attachment to buildings, and/or placement upon the ground. 7. A to-scale drawing or illustration showing proposed height, width, shape, layout, colors, lighting and other relevant details of the sign, from all perspectives in which the sign is intended to be viewed. Applicants shall submit one application and supporting materials for each sign, unless submitting a Comprehensive Sign Plan as described in Section 19.3.7. 4. Fees. Sign permit fees and any impoundment fee shall be set by the City Council by ordinance, as amended from time to time. The required fee shall accompany any sign permit application Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 100 5. Review. The Zoning Administrator shall review applications for compliance with these regulations. A decision to approve or deny should be made within 30 days of receiving a complete application. Applicants shall be informed of the decision in writing. Decisions to deny a permit shall be accompanied by a statement of reasons for the denial. 6. Variance and Appeal. An appeal from a sign permit denial shall be taken in the manner of zoning appeals, using the procedure stated in Section 17.7 of this Ordinance. Requests for variance from these sign regulations shall be made and considered in the manner of requests for zoning variance, using the procedure stated in Section 17.4 of this Ordinance. 7. Comprehensive Sign Plan. An applicant seeking approval for signs in connection with new building construction, remodeling, or re-development may submit a comprehensive sign plan with the other required submittals in lieu of making individual applications for sign permits. All information required in this Ordinance is required to be represented in the supporting documentation supporting the comprehensive sign request. In acting upon the comprehensive sign plan, the Planning Commission and City Council may pe rmit consideration of unique conditions, flexibility and creativity in the design and placement of signs, to the extent such leeway promotes the purposes and goals of any design standards in the underlying zoning district. If a comprehensive sign plan is approved, the Zoning Administrator may issue sign permits for individual signs in the plan without further review, upon payment of the applicable sign permit fee. 4. Inspections and Enforcement. All signs shall be subject to inspection by the Zoning Administrator, or other official designated by the Zoning Administrator. The Administrator or designee must be allowed entry upon the property on which the sign is located to ascertain compliance with the terms of these regulations and the technical specifications provided with the permit application. Such entrance shall be made during business hours unless an emergency exists. 1. Signs in Disrepair. The Zoning Administrator or designee may order the removal of any sign that is not maintained in accordance with the requirements of these regulations. Upon failure to comply with such order within the time specified, the City Council may declare the sign a public nuisance and direct that the nuisance be abated under the procedures set forth in Gem Lake Ordinance No. 86. 2. Impoundment of Signs on Public Property. The City may at any time, and without notice, remove and impound signs which have been erected on public property or within a public right -of-way or easement. The sign’s owner may retrieve the sign from the City upon payment of a $50 impoundment fee. If t he same owner has a subsequent sign impounded within the same calendar year, the impoundment fee is doubled. The City shall not be held liable for any damage to an impounded sign. If a sign is not retrieved within th irty (30) days, the City may dispose of it. 3. Sign Without a Permit or in Violation of Regulations. The Zoning Administrator or designee may order the correction or removal of any sign which has been erected without a permit, or has been erected or altered such that the sign is in violation of these regulations. 1. The person responsible for the sign may apply for a sign permit “after the fact,” paying double the applicable sign permit fee, if the only violation is lack of a permit. 2. If an order is not remedied or complied with in the time specified, the City Council may declare the sign a public nuisance and direct that the nuisance be abated under the procedures set forth in Gem Lake Ordinance No. 86. 3. In addition to the above, the City Council may give written notice to the person responsible for the sign that the Council will consider civil penalties for the violation. The written notice shall contain a summary of all facts the Council intends to consider, and state the date and time at which the Council will consider a penalty. If the person receiving the notice appears at that date and time, the Council must give the person reasonable time to present matters in defense or mitigation of the alleged off ense. If, in the Council’s discretion, the alleged violation is supported by the evidence presented to it, it may order the payment of a civil penalty using the following as guidelines: 1st offense: $100.00 2nd offense: $600.00 Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 101 3rd offense: $1,500.00 A person with outstanding unpaid civil penalties shall not be eligible to receive permits or licenses, of any kind, from the City of Gem Lake until the penalty is paid. 5. Applicable Standards. 1. Measurement Standards. 1. Sign Area and Dimensions. 1. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. 2. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape or a combination of regular geometric shapes which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different areas. Minor appendages to a particular regular shape, as determined by the Zoning Administrator, shall not be included in the total area of a sign. Figures (for illustration): To be inserted later. 3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include a pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or part of a display device. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complimenting the landscaping in general. 4. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. When the sign has more than two display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single direction. 2. Sign Height. 1. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb. 2. Clearances for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. 3. Frontages and Frontage Lengths. 1. The length of any primary or secondary building frontage shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the Zoning Administrator to be clearly unrelated to the frontage presence of the building. 2. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each such building frontage. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 102 3. The building frontage for a section of any building (e.g. retail tenant spaces) shall be measured from the centerline of the party walls defining the building section. 2. Development Standards. 1. Wall Signs. Wall signs are permitted on buildings located in the Neighborhood General, Neighborhood Mixed-Use, and Neighborhood Center subzones of the Gateway District. Wall signs, other than those exempted from regulations as stated above, are not permitted in Residential zoning districts and the Neighborhood Edge subzone of the Gateway District. 1. The basic allowance for wall signs shall be limited to 2 square feet of sign area for each lineal foot of building or tenant frontage. 2. Each owner or tenant may have multiple wall signs as long as the total wall sign area does not exceed the allowances established for wall signs. If multiple signs are used on a building façade, the display method (i.e. individual letters, box and panel, etc.) shall be the same for the entire facade. 3. Wall signs shall not be greater than eighty (80%) of the length of the tenant space or the length of the building frontage. 4. Each building frontage or frontage section may be evaluated separately or in combination, but primary and secondary frontages will not be combined for purposes of determining allowable sign size. 5. In addition to wall signs otherwise permitted by these regulations, an additional sign may be permitted up to a maximum of 40% of the wall sign area allowed for the building for the purposes of identifying owners or tenants that occupy upper floors or do n ot have outside building frontage. 6. An arcade or gallery may have sign space on it relating to the activities of owners or tenants whose entrances are under the arcade or gallery. If the sign on the arcade or gallery is illuminated, 100% of the sign space is deducted from the total available area for wall signs. If the sign space on the arcade or gallery is not illuminated, 50% is deducted from the area available for wall signs. 7. Projecting signs are permitted in addition to any allowances for wall signs when the projecting signs are designed and placed for the purpose of identifying the owner or tenant for a pedestrian walking along the same side of the street as the sign, or under a continuous arcade or gallery. Projecting signs shall have a maximum area of eight (8) square feet. The bottom of the sign shall be a minimum of eight (8) feet above the sidewalk. The sign may project a maximum of six (6) feet from the wall of the building, or be centered under any arcade, awning or canopy. Projecting signs shall not be closer than fifteen (15) feet from any other projecting sign. 8. Wall signs shall not be installed on a roof surface or otherwise project above the top of a building facade. 2. Freestanding Signs. Freestanding signs are permitted in all zoning districts. Such signs may only be erected by an owner or a tenant of a building located on the property for which the sign is proposed. 1. Residential Zones and Neighborhood Edge subzone. Freestanding signs in residential zoning areas may be erected up to a cumulative maximum of ten (10) square feet in display area, and up to six (6) feet in height. 2. All Other Zones. Freestanding signs in the remaining zoning areas of the City may be erected up to fifty (50) square feet per owner or tenant entrance to a building. Permitted sign area may be aggregated into fewer and larger signs at the election of the property owner, p rovided that the size of any single sign does not exceed one hundred and fifty (150) square feet. Freestanding signs shall not exceed thirty-five (35) feet in height, and signs over fifteen (15) feet in height shall be no closer than seventy-five feet to any other sign. Instructional or directional signs of up Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 103 to six (6) square feet in area may be erected to satisfy a clear instructional or directional purpose without counting against the total freestanding sign area allowed for the property. 3. Freestanding signs shall be setback a minimum of five feet from the right-of-way line. 4. No portion of a sign shall be in, or project over, a public right-of-way. 5. Signs may be integrated into the design of a permanent canopy, if one is otherwise allowed on the property, with the sign area on any side of the canopy not exceeding one (1) square foot per lineal foot of the side. 3. Window Signs. Permanent window signs are permitted in the Neighborhood General, Neighborhood Mixed-Use and Neighborhood Center subzones of the Gateway District. Temporary window signs are permitted in all districts. Permanent window signs shall not exceed twenty-five percent (25%) of the area of the window on which it is installed; the total of all permanent and temporary window signs may not exceed fifty percent (50%) of the total window area of any building frontage. 4. Illumination; Electronic Message Center and Changeable Copy Signs. Illuminated signs (internal or external) and signs with changeable copy are not permitted in Residential zoning areas and the Neighborhood Edge subzone of the Gateway District. In districts where illuminated signs or electronic signs are permitted, the use of lighting, electronic message center, or dynamic display as an element of a sign is a conditional use. Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of th is Ordinance. 1. Illumination. Internally illuminated signs are permitted in the Neighborhood Mixed-Use and Neighborhood Center subzones only. Externally lit signs shall use lighting that is directed downward and away from adjacent properties and rights-of-way. Lights used for external illumination shall be shielded or screened from any roadway, and shall not be visible from the roadway or sidewalk. 2. Changeable Copy. Changeable copy by non-electronic means may be utilized on any permitted sign in areas where allowed. The changeable copy area shall not exceed forty percent (40%) of the total permitted area for any sign. 3. Electronic Message Center (EMC) or Dynamic Display signs. EMC or dynamic display signs are permitted if erected within fifty (50) feet of the right-of-way for Highway 61 or County Road E within the City of Gem Lake. Only one (1) such sign is permitted per property, regardless of the number of tenants. Motion is permitted for up to eight (8) seconds for any single set of changeable copy, but the changeable copy may not change or be repeated by flashing more than once every sixteen (16) seconds. EMCs and dynamic displays must have an automatic dimming capability that adjusts the brightness to the ambient light at all times of day or night. 4. Any changeable copy area (manual, EMC or dynamic display) may not exceed 40% of the total freestanding sign area permitted to the owner or tenant. 5. Features Prohibited on Signs. No sign permitted by these regulations, with or without a permit, shall have: moving, rotating or revolving parts; flashing, rotating or oscillating lights (except for EMCs and dynamic displays where permitted); neon lights; beacons or searchlights; attach ed materials such as pennants or streamers; exposed raceways, ballast boxes or transformers; or other clearly similar features. 6. Signs Prohibited if Not Expressly Permitted. Any type of sign or method of sign construction or display that these regulations do not expressly permit, or expressly exempt, is hereby prohibited within the City of Gem Lake. 3. Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with the Minnesota State Building Code and Electrical Code and all of the following: 1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic. 2. All permanent freestanding signs over four feet in height shall have self-supporting structures erected on or permanently attached to concrete foundations. A freestanding sign shall not use guy wires for support. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 104 3. Freestanding signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot. 4. Signs should not obscure windows or other architectural features of the building with which they are associated. 5. Signs shall not be placed in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs. Signs will not be placed in the sight triangles of intersections. 6. No sign shall be erected or maintained so as to obstruct and fire escape, required exit, egress window or door opening. 7. Signs shall be structurally designed in compliance with ANSI and ASCI standards. All signs using electricity shall be constructed according to the technical standards of a certified testing laboratory. 8. Signs using electricity must directly connect to wiring that is integrated into the building structure or buried underground; no cables or extension cords should run over the ground or up the side of a structure to power a sign. 4. Maintenance Standards. All signs shall be maintained in accordance with the following: 1. The property owner or tenant shall maintain the sign in a condition appropriate to the intended use. 2. Signs shall advertise or identify a legal business or other activity currently taking place, or which will take place in the near future, within the City of Gem Lake. Obsolete signs shall be removed by the property owner within a reasonable time, no longer than two months, after the sign becomes obsolete. A property owner or tenant may apply to the City Council for exemption if the sign removal will be unduly difficult to achieve (example: the sign is part of the building structure). 3. Signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for the upkeep of the sign. There shall be no accumulation of rubbish or debris, or uncontrolled vegetation, under or near any sign. 6. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 7. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part hereof, ot her than the part held to be invalid. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 105 SECTION 20. OFF STREET PARKING AREAS 1. Purpose. The purpose of this section of the Zoning Ordinance is alleviate or prevent congestion of the public right -of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off street parking in accordance with the utilization of various parcels of land and/or structures. 2. Site Plans. When applying for a building permit in all Districts for a new structure, the enlarging of a structure or new enlarged use of a parcel of land, the application shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking spaces in compliance with the following requirements. 3. General Provisions. 1. Existing off-street parking spaces and loading spaces upon the effective date of this Ordinance shall not be reduced in number unless said number exceeds the requirement set forth herein for a similar new use. 2. Should a building, structure or use in existence upon the effective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-established except that in doing so any off-street parking or loading which existed must be retain and should plans be effected for enlarging the floor area, seating capacity or other facilities which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly. 3. Floor Area. The term “Floor Area” shall mean the sum of all floor areas in a building as calculated from the outside dimensions of the building. It shall not include areas used primarily for non -public purposes such as storage, incidental repair, office building management or maintenance, toilets, or rest rooms, utilities, or dressing, fitting or alteration rooms. 4. Parking Spaces. Each parking space shall be not less than nine (9') feet wide and twenty (20') feet in length exclusive of an adequately designed system of access drives. 5. Use of Parking Facilities. Off street parking facilities accessory to residential use shall be utilized solely for the parking or passenger automobiles and/or one truck not to exceed one and one -half (1 ½) ton capacity for each dwelling unit except by Conditional or Interim Use Per mit. Required parking facilities accessory to residential structures shall not be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishm ents except by Conditional or Interim Use Permit. Required parking facilities accessory to residential structures shall not be used for the storage or repair of commercial vehicles. 6. Required off-street parking space in the Residential Districts shall be on the same lot as the principal building. 7. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any “district” in which separate parking facilities for each separate building, structure or use would be required, provided that number of spaces provided shall equal to sum of the separate requirements of each use. 8. Use of Parking Area. Required off-street parking space in any District shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent. 4. Design and Maintenance of Off-Street Parking Areas. 1. Parking Areas. Shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed twenty-two (22') feet in width and shall be so located as to cause the least interference with traffic movement. 2. Calculating Space. When calculating the number of off-street parking spaces results in a fraction, each fraction of one-half (½) or more shall constitute another space. One parking space shall equal three -hundred (300 sq. ft.) square feet or parking and moving area. 3. Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement. 4. Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with a material to control dust and drainage. Parking area for less than three (3) vehicle spaces shall be exempt. Plans for surfacing and drainage shall be subject to approval of the City Council. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 106 5. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from the adjoining property, and shall comply with Section 18.8. 6. Curbing and Landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than three (3') feet from the side property line or guard of normal bumper height no less than one (1') foot from the side property line. When said area is for six (6) spaces or more, a curb or fence not over six (6') feet in height shall be erected along the front yard set -back line with grass or planting occupying the space between the sidewalk and curb or fence. 7. Fencing and screening for Off-Street Parking. When a required off-street parking space is placed directly adjacent to a residence or residential district, a six (6) foot high fence shall be erected along the residential property line. Screen planting may also be required. 8. Maintenance of Off-Street Parking Spaces. It shall be the joint and several responsibility of the operator and owner of the principle use, uses and/or building to maintain in a neat and adequate manner the parking space, access ways, landscaping and required fences. 5. Required Off-Street Parking. Shall be as follows: 1. Single Family Dwellings. At least one (1) parking space for each dwelling unit, plus one (1) additional parking space for each two (2) roomers accommodated. A garage will fulfill this requirement. However a building permit shall not be granted to convert a garage to living space unless other acceptable provisions are made to provide the required parking space. 2. Two-Family Dwelling. At least one (1) parking space per dwelling unit, but not more than two (2) per unit. 3. Boarding and Rooming Houses. At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. 4. Multiple Dwelling. At least one (1) parking space per dwelling unit plus one (1) additional space for each four (4) two-bedroom units and one (1) additional space for each two (2) three bedroom units. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 107 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS 1. General Provisions. 1. Shoreland District. The land use regulations in this Section shall apply to any land in the City of Gem Lake located within a floodplain, within 1,000 feet of the ordinary high water mark of a public water or public waters wetland, including but not limited to the body of water known as Gem Lake and its attendant wetlands, or within 300 feet of a stream or river. The regulations of this Section shall apply in addition to the provisions of the zoning district applicable to the property, the Flood Hazard ordinance of the city (No. 114), and other ordinances of the City. 2. Wetland Conservation Act. The City of Gem Lake has delegated its authority under the Minnesota Wetland Conservation Act of 1991 and attendant rules to the Vadnais Lake Area Watershed Management Association (VLAWMO). All requests for permits, review or approval required by the Wetl and Conservation Act must be submitted to VLAWMO as the acting Local Government Unit. 3. Applied in Concert with Other Laws. These regulations and requirements shall be in addition to those imposed by Federal and State law, regional and local water management regulations, and city ordinances, all of which shall jointly apply. Under joint application, the most restrictive requir ements shall apply. 2. Shoreland Use Controls. 1. Policy. Intact, vegetated and stable shorelines and streambanks provide valuable functions to Gem Lake and other water resources in the City including prevention of erosion, reinforcement of soils through root structure, trapping of nutrients and sediments, and provision of fish and wildlife habitat. Gem Lake is a Natural Environment lake under the criteria established by the Department of Natural Resources. 2. Minimum Lot Size and Setback Requirements. All lots created and structures erected in a shoreland district following the enactment of this Section must meet the criteria established in the underlying zoning district. No variance shall be granted, or other approval given, which allows the creation of a lot in a shoreland district that is less than 80,000 square feet in area (measured above the ordinary high water mark of the water body), or less than 200 feet in width. No structure, other than water-oriented accessory structures managed by this Section, shall be placed within 150 feet of the ordinary high water mark of the water body. The maximum lot coverage by buildings and impervious surfaces is 25%. 3. Accessory Structures and Facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet. 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. 4. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four feet in width. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 108 2. Landings for stairways and lifts must not exceed 32 square feet in area. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical. 6. Facilities such as ramps, lifts, or mobility paths for persons with physical disabilities are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of 1 to 5 are complied with. 5. Decks. Except as provided in section 21.2.3, decks must meet the structure setback standards. Decks to be added to structures existing on the date the shoreland structure setbacks were established by ordinance may be allowed without a variance, if all of the following criteria and standards are met: 1. Thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 2. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 3. The deck is constructed primarily of wood, and is not roofed or screened. 6. Driveways and parking areas. Driveways and parking areas must meet all applicable structure setbacks, and must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from the water body. Access ramps and approach roads are not allowed in the structure setback area surrounding Gem Lake. 7. Shoreline alteration. Alterations of vegetation and topography in a shoreland district is controlled to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect wildlife habitat. 1. Removal or alteration of vegetation is limited to the amount necessary to construct an approved structure, and to maintain the health of the vegetation, provided that no such removal or alteration shall substantially reduce the screening of structures, vehicles and other facilities as viewed from the water. This provision shall not restrict the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards, or the removal of buckthorn and similar invasive species identified by the Minne sota Department of Natural Resources. 2. Any application for new construction in a shoreland district must include a Tree and Vegetation Preservation Plan which, in addition to the requirements of Section 27, includes an inventory of all vegetation affected by the construction and a plan for preservation, relocation, or replacement of the vegetation. 3. Use of fertilizer and pesticides in a shoreland district must be done in such a way as to minimize runoff into the water body. 4. No grading, filling, or other topographical alteration shall be allowed within 50 feet of the ordinary high water mark of the water body, with the exception that the Zoning Administrator may approve the installation of clean beach-type sand in this area, in accordance with DNR regulations, after review of an installation plan. 5. Any grading or filling anywhere else in a shoreland area involving movement of more than 50 cubic yards of material requires a grading and filling permit. If the grading or filling is to take place in a wetland, VLAWMO review and approval must be obtained before the City can issue a permit. In addition to any other requirements, grading and filling activity in shoreland areas must also meet the following criteria: Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 109 1. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. 2. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. 4. Altered areas must be stabilized to acceptable erosion control standards. The use of bioengineering is encouraged as an alternative to engineered stabilization techniques. Retaining walls are to be used only when there is no adequate stabilization alternative. 5. Fill or excavated material must not be placed in a manner that creates an unstable slope. 6. Any alterations below the ordinary high water level of the water body must be approved by the Department of Natural Resources. 8. Nonconforming uses. In addition to the regulations of this ordinance applicable to nonconforming uses generally, in a Shoreland district the following shall apply: 1. An extension, enlargement or alteration of an existing lawful non -conforming structure or facility may be permitted on the side of the structure or facility facing away from the water body. 2. An improvement to an existing lawful non-conforming structure or facility may be allowed to extend parallel to the shoreline when the improvement is otherwise in compliance with the dimensional and setback requirements of this Ordinance. 3. Exterior decks attached to an existing lawful non -conforming structure which do not extend any roof or foundation may be permitted to extend parallel to the shoreline and shall be constructed to be visually inconspicuous when viewed from the water (under summer leaf-on conditions). 4. Reconstruction of an existing historic structure, any appurtenances thereto, and the grounds shall be allowed to preserve its historic character if the structure or site is recognized as a historic site on the National Register of Historic Places. 3. Use of Gem Lake. 1. No Motorized Use. Gem Lake shall not be used by any motorized craft or traffic including, but not limited to, motorized boats, snowmobiles, all-terrain vehicles (ATVs) excluding equipment used for cleaning, plowing snow or other occasional maintenance uses. 2. No Wet Storage of Boats. Boats shall not be moored in Gem Lake for more than forty eight (48) hours at any one time. Regular storage of boats shall be on the shore of and not in Gem Lake with same properly secured and stored out of view from neighboring properties and Gem Lake wh ile not in use. 3. Docks. 1. Docks are seasonal and temporary in nature and, therefore, shall not be permanently affixed to the shore or lake bottom of Gem Lake. 2. Docks shall not be greater than four (4'0") feet in width, two (2'0") feet in height above the water and twenty (20'0") feet in length from the lake shore. 3. Docks shall not be covered with any roof structure, awnings or any other type of enclosure. 4. Only one (1) dock shall be allowed for each parcel of real property adjoining the waterline. 4. Swimming Rafts. 1. Swimming rafts are seasonal and temporary in nature and therefore shall not be permanently affixed to the lake bottom. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 110 2. Swimming rafts shall not exceed one hundred (100 sq. ft.) square feet in total area and shall not be more than two (2'0) feet higher than the water surface. 3. Swimming rafts shall not be located more than fifty (50') feet from the lakeshore. 4. Swimming rafts shall not be covered with a roof structure, awning or any other type of enclosure. 5. Only one (1) raft shall be allowed for each parcel of real property adjoining the waterline. 6. Swimming rafts shall not be moored in Gem Lake for more than forty eight (48) hours at any one time. Regular storage of swimming rafts shall be on the shore, properly secured and stored out of view from the water and from neighboring properties. 5. Water Appropriation. No person shall appropriate water from Gem Lake without first obtaining a permit from VLAWMO. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 111 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT 1. Erosion, Sediment, and Waste Controls. 1. Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of erosion and sediment control plans to control runoff and erosion, to retain or contr ol sediment on land during land construction activities, and to prevent the degradation of resources and the loss or damage of property due to erosion, sedimentation and waste. 2. Regulation. No person shall commence land disturbing activities, unless granted a variance, without first obtaining a permit from the City that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. The plan shall be in conformance with the erosion, sediment, and waste control standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended. 3. Criteria. Erosion and sediment control plans and the construction activity shall comply with the following criteria: 1. Erosion sediment, and waste control measures shall meet or exceed the standard established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended; except where more specific requirements are provided in paragraphs 3.2 and 3.3 of this Section below. 2. For certain construction activities, various other permits may also be required. The owner of construction activity is responsible for obtaining any other required permits from watershed districts and other State, Federal, or local governmental agencies having any authority over the work to be performed. 3. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 4. The permittee or applicant must ensure final stabilization of the site in accordance with the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) requirements. The site will be considered as having achieved final stabilization following submission of Notice of Termination by the permittee or applicant, and inspection and approval by the City. 4. Exception. No permit or erosion and sediment control plan shall be required under this Section for the following construction activities: 1. Minor land disturbing activities such as home gardens, repairs and maintenance work. 2. Construction, installation and maintenance of individual sewage treatment systems (ISTS) other than those on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone. 3. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. 4. Emergency activity necessary to protect life or prevent substantial harm to persons or property. 5. Minor wetland impacts that have received a “certificate of exemption or no loss” determination by the LGU (VLAWMO or RWMWD) administering the Minnesota Wetland Conservation Act of 1991, as amended. 6. All maintenance, repair, resurfacing and reconditioning activities of existing road, bridge, and highway systems which do not involve construction activities outside of the existing surfaced roadway. All construction activities not required by this Section to obtain a permit or have an approved erosion and sediment control plan shall nevertheless be conducted in full compliance with this Section. 5. Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted for review and approval and include the following: 1. Items consistent with the SWPPP content requirements within the CSW Permit. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 112 2. Project limits and property lines including the location of any existing and proposed utilities and easements. 3. A schedule indicating the time of the construction activities, implementation, maintenance, and removal of erosion and sediment control measures, and permanent site stabilization measures. 4. Inspection schedules and time frames. 5. Identification of property owner, operator, and individuals responsible for the implementation of the Erosion and Sediment Control Plan, including name, phone number and email address. 2. Stormwater Management. 1. Policy Statement. It is the policy of the City to: 1. Manage new development, redevelopment and drainage alternations by requiring each development or land disturbing activity to manage its stormwater effectively, either on or off -site. 2. Promote and encourage a reduction in runoff rates, encourage infiltration and promote groundwater recharge. 3. Maximize groundwater recharge as a means of maintaining drinking water supplies, preserving base flows in streams, and limiting discharges of stormwater to downstream receiving waters. 4. Assure that property owners control the rate and volume of stormwater runoff originating from their property so that surface water and groundwater quantity and quality is protected or improved, soil erosion is minimized, and flooding potential is reduced. 5. Protect and improve natural resources within the watershed to prevent further degradation. 2. Regulation. No person shall commence construction activities of 10,000 square feet or greater, unless granted a variance, without first obtaining a permit from the City that incorporates and approves a stormwater management plan for the activity, development or redev elopment. 1. Rate Control. The proposed activity will not increase the peak stormwater runoff rate from the site, under pre-development conditions, for the 2-, 10- and 100-year, critical duration (24-hour_ storm events, using Atlas 14 rainfall depths and antecedent moisture conditions 2 (AMC -2), for all discharge locations. The storm distribution shall be a NRCS MSE 3 MN distribution or the nested distribution for Atlas 14 based data. Discharge rates leaving the site should: 1. Be reduced from existing rates where feasible; 2. Not accelerate on or off-site water course erosion, downstream nuisance, flooding or damage as demonstrated by the applicant; and/or 3. Runoff rates may be restricted to less than the existing rates as deemed necessary by the City staff for the protection of public health, safety and general welfare. 2. Volume Control. Projects where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres must control volume onsite. The following volume control standards apply: 1. Non-linear projects shall treat 1.1-inch of runoff from the sum of the new and the fully reconstructed impervious surfaces. 2. Linear projects shall treat the larger of the following: 1. 0.55-inch of runoff from the sum of the new and the fully reconstructed impervious surfaces; or 2. 1.1-inch of runoff from the net increase in impervious surfaces. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 113 3. Water Quality. Stormwater management must comply with the requirements of the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) requirements and guidelines set forth in relevant total maximum daily load studies and other local, state, and/or federal regulations. No direct (untreated) discharges of stormwater to natural or improved waterbodies are allowed. 4. Waste Disposal to Waters. Stormwater management must not result in the discharge of any regulated substance, hazardous or biological waste, or petroleum product, whether treated or untreated, to best management practice devices that may have a deleterious effect upon water of the s tate (surface and groundwater), unless the discharge is in compliance with Federal, State and local regulations. 3. Criteria. Stormwater management plans shall comply with the following criteria: 1. All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP - SWMM or a comparable, City approved method. Hydraulic calculations will be accepted in the rational method format or in commonly used software packages such as FHWA HY-8, or XP-SWMM or a comparable, City approved method. These computations shall be submitted to the City as outlined in this section with additional detail provided upon request. 2. Water quality calculations will be accepted from commonly used software packages such as MIDS calculator, P8 (with a standard NURP 50th percentile particle size distribution), or a comparable, City approved method. 3. Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be the preferred methodology for the design of local systems. Culvert crossings or storm systems in County or State right-of-way may have a design frequency which differs from the City’s 10-year design storm. The designer shall contact each agency/unit of government to determine the appropriate design frequency for hydrologically-connected systems. 4. Energy dissipation shall be provided at culvert and storm sewer outfalls in accordance with the Minnesota Department of Transportation Drainage Manual. If stable vegetation is acceptable, temporary erosion control during and immediately following construction shall be used until vegetation becomes established. 5. High water elevations for landlocked areas (basins where no outlet exists) shall be established by first estimating the normal or initial water surface elevation at the beginning of a rainfall or runoff event using a documented water budget, evidence of mottled soil, and/or an established ordinary high-water level. The high-water level analysis shall be based on runoff volume resulting from a 100 -year/10-day runoff (7.2 inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting fro m a 100-year back- to-back event. The high-water elevation shall be the higher of these two conditions. 6. All permanent stormwater management facilities and new discharge points to all wetlands and surface waters shall include pretreatment. 7. Design of all Best Management Practices (BMPs) will be consistent with the Minnesota Stormwater Manual, 2005, and as amended and the MPCA CSW Permit. 8. Stormwater facilities must provide: 1. An identified overflow spillway and downstream route sufficiently stabilized to convey a 100 - year critical storm event; 2. Outlets designed to prevent short circuiting of the flow from the facility inputs to the outlet; 3. An outlet skimmer to prevent migration of floatables and oils for the 2-year event; and 4. Access for future maintenance that is free of plantings and impediments. 9. Regional ponds and practices can be used to provide for stormwater management based on the following criteria: 1. Regional ponds are required to be designed based on ultimate conditions for the contributing subwatershed; and Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 114 2. Regional ponds are required to be constructed and operational prior to constructing imperviousness within the contributing drainage area. 10. Wet sedimentation basins and practices shall include at least 1 -foot of freeboard from the top of facility for the 100-year event. 11. Infiltration and filtration facilities shall: 1. Select the design infiltration based on the least permeable soil horizon within the first five (5) feet below the bottom elevation of the proposed facility. Site-specific infiltration measurements completed by a licensed professional (as described in the M innesota Stormwater Manual, November 2005, and as amended) may be used in place of the values in the Minnesota Stormwater Manual, and as approved by the City; 2. Include a diversion or other method within the construction documents to keep construction site sediment from entering an infiltration and/or filtration system prior to final stabilization of the entire contributing drainage area; and 3. Include provisions within the construction documents that will prohibit construction equipment from compacting the soils where infiltration and/or filtration practices are proposed. 12. To the maximum extent practicable, volume control shall be fully met onsite (Section 22.2.2.2). Site conditions may make infiltration infeasible. The applicant must make soil corrections and/or investigate other locations on the site for feasible infiltration locations. Infiltration practices are not allowed in the following areas: 1. Areas that receive runoff from vehicle fueling and maintenance areas, regardless of the amount of reconstructed impervious surface; 2. Areas where there are high levels of contaminants in soil or groundwater; 3. Areas where soil infiltration rates are more than 8.3 inches per hour, unless soils are amended; 4. Areas with less than 3 feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; 5. Areas of predominately hydrologic soil group D (clay) soils; 6. Areas in an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as: 1. High or very high vulnerability as defined by the Minnesota Department of Health; or 2. Moderate vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; 7. Areas outside of an ERA within a DWSMA classified as high or very high vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groun dwater; 8. Areas within 1,000 feet up-gradient or 100 feet down gradient of known active karst features; 9. Areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities; or 10. Areas within 50 feet of a septic tank or drain field. If the applicant claims that infiltration is not feasible or allowed onsite, the applicant must provide supporting documentation and follow Section 2, Subsection 4. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 115 4. Alternative Compliance Sequencing. For sites where infiltration practices are determined infeasible as described in Section 22.2.3.1, the following Alternative Compliance Sequencing steps shall be taken in the order shown: 1. Alterative stormwater compliance such as filtration or wet detention may be pursued. Supporting documentation must be provided to justify infeasibilities. Alternative compliance must be designed to treat the required volume as described in Section 22.2.2.2 and using criteria as listed in the most recent version of the MPCA’s CSW Permit and Minnesota Stormwater Manual. 2. For linear projects, where the entire volume cannot be treated within the existing right -of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge. 3. For non-linear projects, where the entire volume cannot be treated onsite, owners of the construction activity must identify locations where off-site treatment projects can be completed. Off-site treatment must be selected in the following order of preference: 1. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity; 2. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity; 3. Locations in the next adjacent DNR catchment area up-stream; or 4. Locations anywhere within the permittee’s jurisdiction. 4. Offsite treatment projects must: 1. Involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs already required by anoth er permit cannot be used to meet this requirement. 2. Be completed no later than 24 months after the start of the original construction activity. 5. Maintenance and Easement. 1. Stormwater management easements shall be provided by the applicant for (1) access for facility inspections and maintenance and (2) preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including the overflow route. 2. Land used by stormwater management facilities shall be preserved by dedication and/or perpetual easement to the City, when required by the City. These easements shall cover those portions of the property which are adjacent to the facility and which lie below the 100-year flood elevation. 3. A maintenance agreement shall be recorded with the County as part of the City development approval process. Minimum requirements for the maintenance agreement include: 1. A list of the responsible party(s) (City and facility owner/manager); 2. Contact information; 3. A formalized maintenance schedule, with scheduled activities; 4. A “Failure to Perform” provision laying out remedial actions if the responsible party does not perform as expected; 5. Maintenance debris handling plans; and Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 116 6. Emergency response (environmental, spill, safety). 4. Maintenance is required for all stormwater practices constructed in compliance with these Policies. The City will conduct periodic inspection of stormwater practices. 5. When land used by stormwater management facilities is public land or public right-of-way, easements under this section will not be required, and a written agreement between the City and applicant may be executed in lieu of the recorded maintenance agreemen t. 6. A maintenance agreement between the site owner and City must be completed, including a plan prepared by the site owner for maintenance of any stormwater management facilities that identifies the maintenance activities and frequency of activities for each permanent stormwater management system proposed, including but not limited to street sweeping, pond inspection, sediment removal and disposal, etc. 6. Stormwater Management Plan. A stormwater management plan shall be submitted for review and approval and include the following: 1. A complete and thorough project narrative, including: 1. The name, address, and contact information for the project. 2. A description of the project, including a summary of existing and proposed impervious areas. 3. A description and exhibit of on-site and contributing existing and proposed sub watersheds, with flow directions/patterns and discharge points. 4. Computations and data tables for stormwater runoff volume, water quality, and rate analyses for existing and proposed conditions. 5. All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Model summaries must be submitted. The summaries shall include a map that corresponds to the drainage areas in the model and all other information used to develop the model. If regional facilities are used for compliance, computations demonstrating the overall regional function of the facility shall be submitted, including maintenance agreement documentation. 6. Soil and geotechnical information, including soil types, groundwater investigation, soil conditions within five feet from the bottom of any proposed infiltration facilities, and infiltration capacity of soils, as applicable. 7. Other supplemental information as deemed necessary by City staff. 2. Construction plans or exhibits, showing: 1. Project limits and property lines including the location of any existing and proposed utilities and easements. 2. Location, alignment and elevation of proposed and existing stormwater facilities. 3. Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or disturbance of stream bank and shoreland vegetation should be avoided. 4. Existing and proposed 100-year high water level elevations on-site. 5. Existing and proposed site contour elevations related to NAVD 1988 datum, including directions or flow and all discharge points. 6. Specifications of all proposed stormwater management facilities. 7. Provision of easements for maintenance access to detention basins, constructed wetlands and other stormwater management facilities. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 117 8. Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. 9. Identification of receiving water bodies (lakes, streams, wetlands, etc.). 10. Location of all proposed stormwater treatment facilities. The normal water level and 100 -year flood elevations shall be shown for all stormwater treatment devices. 3. Erosion and Sediment Control Plan consistent with Section 22.1 4. Maintenance plan and agreement, consistent with Section 22.2.5. 5. Any additional documentation necessary to demonstrate compliance. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 118 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS 1. Purpose and Intent. 1. The purpose of this section is to establish predictable standards for siting and installing of wireless telephone, radio broadcast, television broadcast and communications antenna towers or supporting structures within the City of Gem Lake. It is the intent of this section to accommodate the communications needed of the residents and businesses while protecting the public health, safety and general welfare of the community. 2. Specifically, the City Council finds the regulations set forth in this section necessary to: 1. Facilitate the provisions for wireless telecommunication services to the residents and businesses of the City. 2. Restrict the location of towers and antennas to designated areas of the City and impose design standards to minimize adverse visual effects of towers and antennas. 3. Require evidence of structural integrity and impose setback requirements to avoid potential damage to adjacent properties from tower or antenna failure. 4. Require applicants for towers and antenna to prove their need and to apply for permits for their construction. 5. Maximize the use of existing and approved towers and buildings to accommodate new antennas and reduce the number of towers needed to serve the community. 2. Zoning Districts for Construction. 1. The following Zoning district preferences shall be followed when selecting potential commercial broadcast/ telecommunications tower sites in the City of Gem Lake: 1. Gateway District “G” 2. The following Zoning districts shall not be used for commercial broadcast/telecommunications tower/antenna sites in the City of Gem Lake: 1. Any “RE,” “RX,” “RO,” or “RS” District 2. Any Overlay District 3. Performance Standards. 1. All stand-alone tower or antennas and/or supporting structures must be of an enclosed monopole design. No monopoles with exposed antennas and other appendages are allowed. 2. A proposal for a new tower shall not be approved unless the City Council finds that the Broadcast/ telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one (1) mile search radius of the proposed tower due to one of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accom modate planned or equivalent equipment at reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 119 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. 3. Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100') feet in height or for at leaser one additional user if the tower is over sixty (60') feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 4. Structural design, mounting, and installation of any tower or antenna shall be in compliance with the manufacturer’s specification and as may be necessary or as determined by the City Council. All such designs and installations shall be verified and approved by a qualified and licensed professional engineer employed by the applicant. 5. All towers and antennas and related structures shall be designed and built in compliance with all City of Gem Lake building codes and electrical code requirements, and as applicable shall require permits. Existing towers may continue in use but may not be structurally altered. 6. The height and style of the tower and antenna shall be the minimum necessary to function satisfactorily, as verified by a communications engineer or other appropriate professional. However, no towers erected for broadcast or Telecommunications service shall exceed 180 feet and no tower and accompanying antenna shall exceed two- hundred (200') feet. 7. All obsolete and unused towers and antennas shall be removed within six (6) months of cessation or operation at the site, unless an exemption is granted by the City Council. The City reserves the right to remove any unused tower or antenna at its expense then back charge the property owner to recover costs. 8. Damaged existing towers and antennas may be rebuilt to the same physical dimensions and at the same location. Repairs and rebuilding shall be complete within one (1) year after receiving the building permit from the City. However, if the tower is destroyed due to any reason or cause whatsoever, so that repairs would be forty (40%) percent or more of a new tower, then the tower may not be repaired or restored except in full compliance with this Ordinance. 9. No advertising message shall be affixed to any tower and or antenna structure. 10. No tower or antenna shall be illuminated by artificial means and must not display strobe lights, unless such lighting is required by the Federal Aviation Administration, or other federal or state authority for that particular tower. When incorporated into the approved design, the tower may support light fixtures used to illuminate parking lights, ball fields, or similar areas. 11. Towers and antennas must be designed to blend into the surrounding environment through use of color and camouflaging architectural treatment, except in instances where color is dictated by federal or state authorities such as the Federal Aviation Administration. Antenna support structures shall be painted light blue, gray, or silver or have a galvanized finish to reduce visual impact. 12. Towers located closer to a property line than the distance equal to the tot eh height of the tower shall be designed and engineered to collapse progressively within the distance between the tower and property line. The applicant for any tower shall submit written documentation explaining tower construction and possible failure and provide assurance that blowing or falling ice from tower/antenna can be contained on the subject property. At a minimum, the tower shall comply with the minimum setback requirement of the Zoning District in which it is located. 13. A tower shall be located on a parcel of land so as to have the least impact on adjoining properties and any negative impact of the tower shall be confined onto the property on which it is located, to the greatest extent possible. 14. The tower location shall provide the maximum amount of screening for off -site views of the tower and/or antenna and related structure. Existing on site vegetation shall be preserved to the maximum extent possible. 15. All utility buildings, structures, and equipment accessory to the tower or antenna must be architecturally designed to blend in with surrounding environment and must meet the minimum design requirements of the Zoning District in which they are located. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 120 16. No change in the use or ownership of an approved tower or antenna may be made without the written consent of the City Council. 17. Co-location of antennas upon overhead power line poles or street light poles is encouraged provide the said antenna meets all applicable federal state spacing requirements and inference regulation. 4. Proof of Non-Interference. 1. Each application for construction of a commercial Broadcast or Wireless telecommunication facility shall include either a certified statement that the construction of the tower/antenna, including reception and transmission functions, will not interfere with the radio, television, or other service enjoyed by adjacent residential and non - residential properties. If interference is found after the facility has been built has been erected, the applicant has to solve any problems his equipment has caused, at his cost. 5. Tower Setbacks. 1. Where adjacent parcels are zoned for commercial or industrial uses, setbacks equivalent to those established for the principle structure shall be provided for any tower/antenna. Setbacks equal to the height of the tower shall be established on sites that are adjacent to parcels developed or able to be developed for residential use. 6. Permit Applications and Plan Review. 1. Conditional Use Permit. Applicants for a tower/antenna Conditional Use Permit must file a Conditional Use Permit application with the City of Gem Lake and pay any and all associated fees. 2. Planning Commission/City Council review. All applications for a Broadcast/Telecommunications tower must first be sent to the Planning Commission which shall review the application and may recommend to the City Council approval or denial. The City Council will hold the necessary Public hearing(s) on this matter and will then approve or deny the request. The applicant is responsible for supplying a certified list of the property owners within three-hundred (350') feet of the proposed tower/antenna site and pay all costs for notifying all such parties of the public hearing(s) needed. 7. Exceptions. 1. The following towers and/or antennas supporting structures and antennas are not subject to the restrictions of Section 21 of this Ordinance: 1. Towers and/or antennas identified as “Accessory and Secondary Antennas” in this Ordinance are exempt. All Amateur Radio “Accessory and Secondary” antennas and/or towers must be installed in accordance with instructions furnished by the manufacturer of the tower/antenna. 2. Towers and antennas that are located entirely with a structure that complies with the height, bulk and density and area requirements of the City of Gem Lake Zoning Ordinance and are not visible from the exterior of the structure are also exempt. 3. Towers/antennas for radio/telecommunications equipment owned and operated by the City of Gem Lake are also exempt. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 121 SECTION 24. WIND ENERGY CONVERSION SYSTEMS 1. Purpose. The purpose of this Ordinance is to establish standards and procedures by which the installation and operation of residential wind energy conversion systems (WECS) shall be governed within the city. 2. Zoning Allowance. A Residential WECS may be installed as an accessory use in all zoning districts, provided that the system complies with all terms and conditions of this Ordinance. 3. License Required. A Residential WECS with a blade diameter under 6 feet and installed so that the total extended height does not exceed 10 feet over the tallest structure on a property shall not require a City license. For all other WECS, a lice nse must be obtained from the City of Gem Lake prior to installation of the system. The City Council shall designate a member of City staff as the officer responsible for accepting and reviewing applications for Residential WECS licenses. The City Council shall establish fees by separate resolution for review of an initial application and for renewal applications. 1. Initial Application. Any person wishing to install a Residential WECS requiring a license shall complete an application on a form provided by the City, pay the required application fee, and submit the application fee, and attach the following additional materials: 1. A site plan, drawn to scale, depicting the location of all WECS components on the property; the locations of property boundaries; the location of all structures and above -ground utilities located on the property, and the location of any public rights-of-way or utility easements on the property. The plan shall also indicate the height of the tallest structure, tree or object lying within 30 feet from the base of the tower. 2. Documentation that a current insurance policy extends coverage to the proposed Residential WECS, whether under existing property insurance or a separate policy. 3. A copy of the WECS manufacturer’s documentation stating rated generation capacity, standards certifications (such as Underwriters’ Laboratories certification) for each WECS component, installation instructions, standard drawings or schematics for the equip ment, warranties, manufacturer’s warnings, and emergency procedures. 2. Renewal Application. A person with a licensed WECS previously installed upon their property shall submit a renewal application on a form provided by the City, pay the required application fee, and provide the following: 1. A revised site plan and elevations reflecting the current location and height of trees, structures and utilities on the property in which the tower is located; and 2. If any of the documents required by Section 24.3.1.1 or .2 have been replaced by new documents or revised, current copies of those documents. 3. Review of Applications. The officer designated by the City Council shall review the license applications and attached supporting material for compliance with the regulations set forth in this Ordinance. If the reviewing officer believes the proposed or existing WECS complies, the officer shall issue the license. 4. Term of license. A Residential WECS license shall remain in effect for five (5) years following issuance, unless the City Council shall earlier revoke the license for failure to comply with the terms of this Ordinance. 5. Revocation. If the City learns of a violation of this Ordinance, it shall provide a notice to the property owner of the alleged violation and the date and time of a hearing before the City Council to consider the violation. The City Council shall hold a hearing, at which it will receive evidence of the violation and take testimony from any interested parties, including the property owner. Following the hearing, if the Council determines that the WECS is in violation of the standards in this Ordinance, it may revoke the WECS license immediately, give the owner a reasonable period of time in which to correct the violation without revocation, or choose to take no action on the WECS license. If a WECS license is revoked, the WECS and tower must be dismantled and removed from the property within 90 days of revocation. 4. Code Compliance. WECS installation is not exempt from the State Building Code and similar safety codes, and all permits required for the construction and/or installation of WECS components must be obtained from the City’s Building Official prior to commencing work to install the WECS. 1. Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 122 data and calculations to demonstrate compliance with the structural design provisions of the state building code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer. 2. Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city. 5. Standards for Siting, Installation and Operation of WECS. 1. Height. The height of a WECS must comply with FAA regulation part 77 "Objects Affecting Navigable Air Space" and/or MNDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation". 2. Setback. WECS towers shall be setback from the closest property line at least one foot for every one foot of the system’s total extended height. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. 3. Rotor clearance. At installation, the bottom of the WECS blade diameter shall have a minimum of 5 feet of clearance over any structure (including above-ground utilities) or tree within a 200-foot radius of the WECS tower. The property owner is responsible for ensuring tha t trees and other vegetation do not encroach on the minimum rotor clearance after the system is installed. 4. Rotor safety. Each WECS shall be equipped with control equipment to prevent dangerous operation in high wind and to allow the turbine to be slowed or stopped in an emergency. 5. Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within 12 feet of the ground. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. 6. Component certification. Each electrical component of the WECS must be certified by Underwriters Laboratories, Inc. The overall WECS system must either be certified or pending certification by the Small Wind Certification Council as compliant with the American Wind Energy Association’s Small Wind Turbine Performance and Safety Standard. 7. Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 8. Signs. Each WECS shall have one sign, not to exceed two square feet, posted at the base of the tower and said sign shall contain the following information. 1. High voltage warning, if a component of the WECS is “high voltage” under the National Electrical Code; 2. Manufacturer’s Name; 3. Emergency Phone Number; 4. Emergency Shutdown Procedures. No other signage is permitted on the tower or turbine components of the WECS. A manufacturer’s name or logo printed on a component is not considered “signage” for the purpose of this Ordinance. 9. Lighting. WECS shall not be illuminated from the ground, or have affixed or attached any lights, reflectors, flasher or any other illumination, except for those required by FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular 70/7460-1F, September 1978 "Obstruction Marking and Lighting". 10. Noise Emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 123 11. Utility Company Interconnection. If the WECS is interconnected with a local electrical utility company, the connection shall adhere to the National Electrical Code as adopted by the city. 6. Test Towers. A tower to support anemometers and other test equipment to determine the feasibility of installing a WECS on the property may be installed as an accessory use in all zoning districts. A license is not required to erect a test tower , but the City must be notified of the installation and provided with a site plan and elevations similar to that required in Section 24.3.1.1. The test tower must comply with all applicable siting, installation and operation requirements in Section 24.5, though a test tower may use guy wires for support. If required by the State Building Code, a building permit must be obtained before commencing work to erect the test tower. A test tower may stand on a property for a maximum of twenty - four months in any three-year period. 7. Inspection. The city hereby reserves the right upon issuing any WECS license to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 8. Abandonment. If any WECS or tower is not used for six successive months, the City shall give notice to the property owner that the WECS must be put back in service within six months from the date of notice. If the WECS is not put back into service within that time, the WECS and tower shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 124 SECTION 25. SUBDIVISIONS 1. Purpose. In order to safeguard the best interests of the City of Gem Lake and to assist the subdivider in harmonizing his interests with those of the City at large, the following section is adopted so that the adherence to the same will bring resu lts beneficial to both parties. It is the purpose of this section to make certain regulations and requirements for the platting of land within the City of Gem Lake, pursuant to the authority contained in Minnesota Statutes, which regulations the City Council deems necessary for the health, safety and general welfare of this community. 2. Jurisdiction. The regulations herein governing plats and the subdivision of land shall apply within the corporate limits of the City of Gem Lake, MN. 3. Interpretation. The interpretation and application of the provisions of this section shall be minimum requirements adopted for the protection of public health, safety and general welfare. 4. Requirements. 1. This section requires that all land division in the City of Gem Lake be accomplished through subdivision of property as described in this section. 2. No subdivision of property in the City of Gem Lake shall be recorded in the Ramsey County Recorder’s Office or have any validity unless it is: 1. Part of a Platted Subdivision; or 2. Part of a Minor Subdivision described by a plat approved by the City; or 3. A single lot, existing on the effective date of this section, described by metes and bounds, which description shall be accompanied by a registered lot survey; or 4. A parcel 20 acres or more in size with at least 500 feet or more of frontage. 3. No building permits shall be considered for issuance by the City of Gem Lake for constructing any building, structure or improvement on the land on any lot in the subdivision as defined herein, until all requirements of this section have been met. 5. Park Land Dedication Requirements. 1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park fund as provided by this section of this section. The form of the contribution, cash or land (or any combination), shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre-development land value. 2. Subdivision of land which has been previously platted and officially recorded and which contains less than one (1) acre shall be exempt from dedication requirements. 3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution. 4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the this ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 125 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: 1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces; and 2. That the public ownership and maintenance of the open space is adequately provided for by written agreements; and 3. That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and 4. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council; and 5. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, ap propriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and play grounds which benefit the residents of the City. 8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. 6. Minor Subdivisions. 1. When a subdivision is requested, if either or both of the following conditions exist, the Zoning Administrator may bring the request and the completed Subdivision Application form to the attention of the City Council without going through the complete subdivision process outlined in this section: 1. The proposed subdivision will result in three (3) or fewer fully conforming lots in an area where conditions are well defined. Only once shall a subdivision of 3 lots or less be allowed in any one (1) parcel of property. All lots proposed shall have frontage on a street as required by this Ordinance. 2. In the case of a request to divide an existing lot, where the division is to permit the adding of a parcel of land to an abutting lot, or to create two (2) lots, and the newly created property line will not cause the other remaining portion of the lot or a ny structure to be in violation with this Ordinance. 2. The applicant will be required to submit a plat prepared by a registered land surveyor showing the original lot and the proposed subdivision. The newly created parcels also shall meet all requirements of this Ordinance. A preliminary site plan for the proposed subdivided area showing building sites, driveway access points, drainage plans and utility easements shall also be included. 3. The required filing fee for this Minor Subdivision shall be as established and, from time to time, amended by the City Council as part of the Gem Lake Fee Schedule. 4. Prior to approval of a Minor Subdivision the City Council reserves the right to require any or all sections of this Ordinance to be applied. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 126 5. The Minor Subdivision created by these proceedings shall be recorded with the County Register of Deeds within sixty (60) days after the date of approval by the City Council. If not recorded within this time period, the approval of this subdivision by the City shall be considered void. 7. Severability. It is the intention of the City Council that the several provisions of this section are severable and that if any court of competent jurisdiction shall adjudge any provision of this section or application thereof to be invalid, such judgment shall not affect any other provisions of this section not specifically included in said judgment. 8. Conflict and Interaction of Ordinances. Whenever there is a conflict between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions, Codes or Ordinances of the City, the most restrictive standards shall apply. 9. Rules and Definitions. 1. The language set forth in the text of this section shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural, and the plural the singular; 2. The present tense includes the past and future tenses and the future the present; 3. The word “shall” is mandatory while the word “may” is permissive; 4. The masculine gender includes the feminine and neuter; 5. Whenever a word or term defined herein appears in the text of this section, its meaning shall be construed as set forth in such definition thereof; 6. All measured distances expressed in feet shall be to the nearest tenth of a foot. 10. Filing and Review Procedures of Plans. 1. Sketch Plan. In order to insure that all applicants are informed on the procedural requirements and minimum standards of this section and the requirements or limitations imposed by other City Codes, Ordinances or Plans, the applicant shall submit three (3) copies of a Sketch Plan to the Zoning Administrator. (see Section 25.12 for details of what is to be included in a Sketch Plan) The applicant also shall arrange a pre -application meeting with the Zoning Administrator, the Planning Commission and the City Engineer to review and discuss the proposed development. 2. Preliminary Plan. 1. Filing. The subdivider shall submit to the Zoning Administrator the following: 1. A completed Subdivision Application form; 2. Ten (10) copies of the Preliminary Plan and at least one reduced (8 ½ X 11 or 8 ½ X 14) Preliminary Plat; 3. The required fees. The base fee for a subdivision application shall be established by the city council from time to time and published with all other City fees and charges. This fee is non - refundable. In addition to the base fee, the subdivider shall depos it funds with the City for payment of expenses incurred through staff time and from all outside sources including, but not limited to, engineers, attorneys, and outside consultants employed specifically for review and processing the application. The deposit shall be based on the city clerk’s estimate of staff and consultant time required, but in no case shall the deposit exceed one percent (1%) of the current - year market value of the land to be subdivided, as determined by the Ramsey County Assessor. Any amount over the base fee not expended by the city will be refunded within thirty (30) days of final action on the application (i.e. final plat approval or application denial). Expenses in excess of the filing fee and deposit that the City incurs shall be borne by the subdivider and paid prior to final approval; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 127 4. Any applications for Variances from the provisions of this section or applications for Variances or Special Uses as provided for in the other Gem Lake Ordinances and the required fee(s) for such action; 5. A list of all property owners located within three hundred fifty (350) feet of the subject property, obtained from and certified by Ramsey County or the City of Gem Lake; 6. An executed Cost Sharing Agreement indicating the applicants understanding that he/she agrees to reimburse the City for all expenses incurred through staff time and from all outside sources including, but not limited to, engineers, attorneys, and outside consultants employed specifically for review and processing the application. 2. Action on Requests. The Zoning Administrator shall upon receipt of the Preliminary Plan: 1. Determine whether the Preliminary Plan includes the data required by this section. The plan shall be considered as being officially submitted when all the information required is supplied and all requirements of this section are complied with; 2. Send a copy of the Subdivision Application and one copy of the Preliminary Plan to each member of the Planning Commission and one copy to the City Engineer; 3. The Zoning Administrator also shall refer copies of the Preliminary Plan to the Park Advisory committee, Watershed Districts, County, State, or other public jurisdictions for their timely review and comment, where appropriate and when required; 4. The proposed plan shall be placed on the agenda of the first possible Planning Commission meeting; 5. The City Engineer shall in a timely manner submit his report to the Planning Commission. This report shall be on the feasibility of street location and construction and on any drainage or other problems that might be encountered. The absence of a report fr om the City Engineer shall in no way invalidate the approval or disapproval by the City of the Preliminary Plan; 6. The Planning Commission shall hold a public hearing on the proposed Preliminary Plan and shall have notice of such hearing published in the official newspaper at least ten (10) days prior to the hearing. The subdivider shall certify that all owners of property within 350 feet of the property being subdivided have been notified by mail of the Public Hearing; 7. Upon completion of the Public Hearing, the Planning Commission shall prepare and submit its report, five (5) copies of the Preliminary Plan, its recommendation for approval or disapproval, and recommendations for conditions associated with approval to the City Council in a timely manner that allows the City Council to take action within the time limits established by law. If the report of the Planning Commission has not been received so as to provide for compliance with time limits established by law, the City Council may act without such a report; 8. The City Council shall, within the time limits established by law, approve with or without conditions or disapprove the Application for Subdivision Preliminary Plat with said action being formally recorded in the minutes of a properly convened meeting. Fur ther, any disapproval of the Application for Subdivision Preliminary Plat shall be noticed in writing to the applicant; 9. Any modification or waiver of time limits established by law shall only be made in writing to the City by the applicant except for extensions by the City provided for by law. 3. Final Plat. Within six (6) months following approval of the Preliminary Plan by the City Council, unless the subdivider has requested an extension of that time from the City Council, the following shall be submitted to the Zoning Administrator: 1. Filing. 1. Eight (8) copies of the Final Plat, including one reproducible copy are required. This Final Plat shall incorporate all changes to and conditions associated with the Preliminary Plan required by the City Council. Otherwise, it shall conform to the Preliminary Plan. The Final Plat may Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 128 constitute only that portion of the Preliminary Plan that the subdivider proposes to record and develop at this time. If the Final Plat is not submitted within six (6) months, the approval of the Preliminary Plan shall be considered void; 2. An up-to-date certified abstract of title or registered property record report and such other evidence as the City Council may require showing title or control of the property in the subdivision by the applicant. 2. Action on Requests. The Zoning Administrator shall upon receipt of the Final Plat: 1. Acknowledge receipt of the Final Plat to the applicant; 2. Send three (3) copies of the Final Plat to the Planning Commission; 3. The report of the Planning Commission shall be submitted to the City Council in a timely manner that allows the City Council to take action within the time limits established by law after filing of the Final Plat. The report shall state whether the proposed improvements conform to the engineering standards and specifications established in this section. It shall also state whether the Final Plat conforms to the Preliminary Plan as approved by the City Council; 4. The City Council shall act on the Final Plat within the time limits established by law. It shall not approve a Final Plat unless it: 1. Conforms to the Preliminary Plan with all changes and conditions associated with the Preliminary Plan approval by the City; 2. Meets the design and engineering standards set forth in this section; 3. Conforms to the plans of the City, as approved by the Planning Commission and City Council; 4. All fees required to be paid to the City in connection with this Plat have been paid. 5. If the Final Plat is approved by the City Council, the subdivider shall record it with the County Register of Deeds within sixty (60) days after the date of approval. If not recorded within this time period, the approval of the Final Plat shall be considered void; 6. The subdivider shall immediately upon completion of recording, furnish to the City Clerk two (2) prints of the Final Plat showing evidence of recording. 4. Data Requirements for Plans and Plats. 1. Sketch Plan. Sketch Plans shall contain, at a minimum, the following information: 1. Plat Boundary; 2. North arrow; 3. Scale; 4. Street layout on and adjacent to plat; 5. Designation of land use and current proposed zoning; 6. Significant topographical or physical features; 7. Preliminary lot locations, numbers and layout. 2. Preliminary Plan. The subdivider shall prepare and submit a Preliminary Plan, together with any necessary supplementary information. The Preliminary Plan shall contain the information set forth in the sections that follow. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 129 1. General Requirements. 1. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions in Ramsey County; 2. Location of boundary lines in relation to a known section, quarter section or quarter - quarter section line comprising a legal description of the property; 3. Names and addresses of all persons having property interest, the developer, designer and surveyor together with the surveyor’s registration number; 4. Graphic scale of plat, not less than one (1) inch to one hundred (100) feet; 5. Date and north arrow. 2. Existing Conditions. 1. Boundary lines and total acreage of proposed plat, clearly indicated; 2. Existing zoning classifications for land within and abutting the subdivision; 3. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any; railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and struct ures, easements and section and corporate lines within the plat and to a distance of three- hundred and fifty (350) feet beyond the tract; 4. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract, Such data as grades, invert elevations and locations of catch basins, manholes and hydrants also shall be shown; 5. Boundary lines of adjoining unsubdivided and subdivided land, within three hundred fifty (350) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider; 6. Topographical data, including contours at vertical intervals of not more than two (2) feet. Water courses, wetlands, rock out-crops, power transmission poles and lines and other significant features shall also be shown; 7. In plats where public water and sewer are not available, the subdivider shall file a report prepared by a registered civil engineer on the feasibility of individual on -site sewer and waste systems on each lot, and shall include soils boring analysis and pe rcolation tests to verify conclusions. 3. Proposed Design Features. 1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City of Gem Lake or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used; 2. Locations and size of proposed sewer lines and water mains; 3. Locations, dimensions and purposes of all easements; 4. Layout, numbers, lot areas and preliminary dimensions of lots and blocks; 5. Minimum front and side street building setback lines; 6. When lots are located on a curve, the width of the lot at the building setback line; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 130 7. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres; 8. Water mains shall be provided to serve the subdivision by extension of an existing community system whenever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants also shall be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City of Gem Lake. In areas where public water supply is not available, individual wells shall be provided on each lot, properly placed in relation to individual sewage treatment facilities on the same and adjoining lots. Well plans must comply with the Minnesota State Well Code as may be amended, and shall be submitted for the approval of the City Engineer; 9. Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed in accordance with the standards and ordinances of the State of MN, Ramsey County and the City of Gem Lake; 10. Sewage Disposal, Private. All on-site septic systems shall be installed in accordance with the standards and ordinances of the State of MN, Ramsey County and the City of Gem Lake. 4. Supplementary Information. 1. Proposed restrictive covenants; 2. An accurate soil survey of the subdivision prepared by a qualified person; 3. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population; 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions shall be shown, such proposed zoning plan shall be for information only and shall not vest any rights in the applicant; 5. Provisions for surface water disposal, ponding, drainage and flood control; 6. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions; 7. Where structures are to be placed on large or excessively deep lots that are subject to potential re-platting, the preliminary plat shall indicate a logical way in which the lots could possibly be re-subdivided in the future; 8. Proof that a plan for soil erosion and sediment control, both during construction and after development, has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures , and landscaping of the erosion and sediment control system along with any such requirements as may be required of the applicant by watershed districts or other such public agencies established to regulate sediment and erosion control; 9. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and location of trees and other vegetation that are to be planted, and which indicates compliance with all attendant local ordinances; 10. When the City of Gem Lake agrees to install improvements in a development, the developer shall furnish the City a Financial Statement satisfactory to the City. When then City has not undertaken to install improvements, the City may, at the City’s option, require the developer to furnish a Financial Statement satisfactory to the City; Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 131 11. Such other information as may be required. 5. Final Plat. The owner or subdivider shall submit a Final Plat together with any necessary supplementary information. The Final Plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes, Ramsey County regulations and the Final Plat shall contain the following information: 1. General Requirements. 1. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision; 2. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions that must mathematically close. The allowable error closure of any portion of a final plat shall be one (1) foot in seventy-five hundred (7500) feet; 3. The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments; 4. Locations of lots, streets, public highways, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground s hall be shown. Dimensions shall be shown from all angle points of curve to lot lines; 5. Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block; 6. The exact locations, widths, and names of all streets to be dedicated; 7. Location and width of all easements to be dedicated; 8. Name, address and registration number of the surveyor making the plat; 9. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow; 10. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are served over, under and along strips marked “utility easements”; 11. Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 2. Certification Requirements. 1. Certification by a registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended; 2. Execution by all owners of any interest in the land or any lenders of a mortgage thereon of the certificate required by Section 505.03, Minnesota Statutes, as amended, and where certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council; 3. Certifications showing that all taxes currently due on the property to be subdivided have been paid in full; 4. An approval and review block to be filled in with the signature of the Mayor and City Clerk. The form of this approval and review block is as follows: Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 132 Approved by the City of Gem Lake, Ramsey County, Minnesota This Day of , 20 Signed: Mayor Attest: City Clerk 11. Design Standards. 1. Blocks. 1. Block Length. In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not excee d one thousand eight hundred (1800) feet nor be less than four hundred (400) feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than twelve hundred (1200) feet, pedestrian ways and/or easements through the block may be required near the center of the block. 2. Block Width. The width of the block shall normally be sufficient to allow for two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 2. Lots. 1. Area. The minimum lot area, width and depth shall not be less than that established by this Ordinance in the appropriate Section in effect at the time of adoption of the Final Plat. 2. Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in this Ordinance. 3. Side lot lines. Other than for good reason, side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. 4. Frontage. Every lot must have minimum frontage on a City approved existing or platted street or road other than an alley, as required in this Ordinance. 5. Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required in this Ordinance. 6. Water courses. Lots abutting a water course, wetland, ponding area or stream shall have additional depth and width, and other restrictions as required in this Ordinance. 7. Features. In the subdividing of land, due regard shall be shown for natural features, such as tree growth, water courses, historic spots or similar conditions that if preserved will add attractiveness and stability to the proposed development. 8. Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than being allowed to remain as unusable parcels. 9. Political boundaries. No singular plat shall extend over a political boundary or school district line without documented notification to affected units of government. 10. Frontage on two streets. Double frontage, or lots with frontage on two (2) roughly parallel streets, shall be avoided except where lots back on an arterial street or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double -frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 133 11. Turn around egress. When proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn around egress on each lot. 3. Streets. 1. Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangements of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographical conditions, to run -off of storm water, to public convenience and safety and in appropriate relation to proposed uses of the area to be served. 2. Local streets, authorized private ways and Dead-end streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall include a terminal turn- around with a turn-around radius of not less than sixty (60) feet. 3. Alleys. Alleys are not permitted in subdivisions in the City of Gem Lake. 4. Street plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided/subdivided portion shall accompany the plat. 5. Temporary Cul-de-sac. In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turn around facility shall be provided at the closed end. 6. Street Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eig hty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty five (125) feet shall be avoided. 7. Sidewalks. The Planning Commission, when it deems appropriate and necessary, may require that sidewalks be provided on one or both sides of the paved surface, and shall prescribe the minimum width of such sidewalks. In all cases where sidewalks are specified, they shall provide handicapped access. 8. Half streets. Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it will be practical to require dedication of the other half when the adjoining property is subdivided. 9. Private Streets. Private streets existing as of the date of this Ordinance are permitted. Future private streets are permitted, but only when approved by the City. The City may accept private streets as public streets, but only when such streets have been upgraded to the standards set by this Ordinance. 10. Street Grades. The grades of all streets shall not be less than 0.3 percent and should not exceed the following: 1. Collector Street Six (6%) percent 2. Minor Street Eight (8%) percent 11. Curb Radius. The minimum curb radii for thoroughfares, collector streets, local streets, and alleys shall be as follows: 1. All Streets Ten (10') feet 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council. 13. Street Right-of-Way Width. For all public streets hereafter dedicated and accepted, the minimum right- of-way widths of streets shall be as shown in the City of Gem Lake Comprehensive Municipal Plan and Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 134 where not shown therein, the minimum right-of-way width for streets, arterial highways or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows: 1. Principal Arterial Highway (As required by MNDOT); 2. Intermediate Arterial Highway 100 feet; 3. Minor Arterial Highway 80 feet; 4. Collector Street 70 feet; 5. Minor Street 60 feet; 6. Authorized Private Way 40 feet; 7. Private Driveway 33 feet; 8. Pedestrian Way 10 feet. 4. Easements. 1. Width and Location. Necessary easements of appropriate width for utilities (including extension of main water and sewer lines) shall be provided (and shown on the plat), preferably along lot lines or as necessary across lots. 2. Continuous Utility Easement Locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council. 3. Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the existing angle so that pole guys will fall along-side lot lines. 5. Erosion and Sediment Control. 1. The development of this subdivision shall conform to the natural limitation presented by topography and soil so as to create the least potential for soil erosion. 2. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to and maintained throughout development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one (1) period of time. 4. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. 5. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed area. Topsoil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 6. Natural vegetation shall be protected wherever practical. 7. Run-off water shall be diverted to a sediment basin before being allowed to enter the natural drainage system. 8. The erosion and sediment control plan shall be subject to review and approval of the applicable Watershed District and the City Engineer. The City may request a report from the Ramsey Soil and Water Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 135 Conservation District regarding soil erosion control measures. The City may require a soil erosion cash deposit to guarantee erosion control measures are taken. 6. Storm Drainage. 1. All subdivision designs shall incorporate adequate provisions for storm water run -off subject to review and approval of the applicable Watershed District and the City Engineer. 2. The grade and drainage requirements for each plat shall be approved by the applicable Watershed District and the City Engineer at the expense of the applicant for the subdivision. Every plat presented for final signatures shall be accompanied by certifications by the City Engineer that the grade and drainage requirements have been met. In an area not having municipal storm sewer trunks, the applicant shall be responsible for providing a storm water disposal plan that will operate without damage to propertie s outside the platted areas. 3. No plat shall be approved by the City Council before the storm water disposal plan is approved by both the City Engineer and the Watershed District. 4. The use of dry wells for the purpose of storm water disposal is prohibited in the City of Gem Lake. 7. Protected Areas. 1. Where land proposed for subdivision is found to be environmentally sensitive by the City, due to the existence of wetlands, drainage ways, water courses, floodable areas or steep slopes, the design of said subdivisions shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. 2. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of these sensitive areas in the form of outlots. 3. Measures of protection shall include design solutions that allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction of slopes over eighteen (18) percent or result in significant alteration in the natural drainage system such that adverse impact cannot be continued within the plat boundary. 12. Required Basic Improvements. 1. General Provisions. 1. Before a Final Plat is returned to the subdivider by the City, the subdivider of the land covered by said plat shall pay all fees required and execute and submit to the City Council a developer’s agreement that shall be binding on his or their heirs or per sonal representatives. This agreement shall declare that the subdivider will start no private construction on the lands within said plat, nor will the subdivider file or cause to be filed any application for building permits for such construction until all improvements required by this Ordinance have been made or arranged for in the manner and conforming to the requirements set forth on the Final Plat. 2. Prior to the delivery of the approved Final Plat, the subdivider shall deposit with the City Treasurer an amount equal to a minimum of one hundred twenty five (125%) percent of the City Engineer’s estimated cost of the required improvements within the plat, either in a cash escrow fund, performance and indemnity bond, or letter of credit. The surety involved in said financial guarantees shall be approved by the City. The cash escrow, letter of credit or performance and indemnity bond shall be conditioned up on: 1. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year. 2. Satisfactory completion of the work the subdivider has agreed to in the developer’s agreement referred to in Section 14.1.1. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 136 3. The payment by the subdivider to the City of all expenses incurred by the City in connection with this subdivision proposal, shall include not be limited to: expenses for engineering, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement that shall provide that in the event the required improvements are not completed in one year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within the said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the City shall be assessed against the subdivision. Any balance remaining in the cash escrow fund after such improvements have been made and all expenses therefore have been paid, shall be returned to the subd ivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the said letter of credit shall be in a form satisfactory to the City, and the terms thereof shall substantially comply with all requirements as set forth in Minnesota Statutes as amended, which statutes relate to Surety Bonds. 3. The City of Gem Lake shall where appropriate, require of a subdivider submission of a Warranty/Maintenance Bond in the amount equal to the original cost of the improvements, which shall be in force for one year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements. 4. Reproducible “as built drawings” as required by the City Engineer, shall be furnished to the City by the subdivider giving details on all required improvements. Such “as built drawings” shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. 5. All the required improvements to be installed under the provisions of this Ordinance shall be approved by and subject to the inspection of the City Engineer. All of the City’s expenses incurred as the result of the required improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider. 2. Monuments for Final Plat. 1. Official monuments, as designated and adopted by the Ramsey County Surveyors Office and approved by the Ramsey County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the Final Plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat is to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor’s irons to be in dicated, each angle point or the boundary perimeter to be so monumented. 2. Pipes or steel rods shall be placed at each lot and at each intersection of street center lines. All United States, State, County or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in the precise position they were and shall be recorded on the plat. All lot and block dimensions shall be recorded on the plat and all necessary angles pertaining to the lots and blocks shall be shown, as an aid to future surveys. No ditto marks will be permitted when indicating dimensions. 3. To insure that all irons and monuments are correctly in place following the final grading of a plat, a second monument shall be required. Proof of the second monumentation shall be in the form of a surveyor’s certificate and this requirement shall additionally be a condition for the Certification of Occupancy. 3. Street Improvements. 1. The full width of the right-of-way shall be graded, in accordance with the provisions for construction as outlined in the section of this Ordinance, titled Design Standards. 2. All street shall be improved in accordance with the City of Gem Lake standards and specifications for street construction or as required by the City Council. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 137 3. All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as approved by the City Council. The portions of the right -of-way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary by the City. 4. Where required, curb and gutter shall be constructed in accordance with the standards and specifications for street construction as set forth and approved by the City Council. 4. Trees and Boulevard Sodding. 1. Where street trees do not exist, trees having a trunk diameter of not less than two (2) inches, measured twelve (12)inches above the ground, shall be planted on both sides of all streets in the subdivision in locations approved by the Planning Commission, but no more than sixty (60) feet apart. Trees of equal standard shall be planted in the required front yards at an average minimum density of one (1) tree per forty (40) feet of right-of-way. 2. Tree species shall be as approved by the Planning Commission and must survive one full growing season or be replaced at the subdivider’s expense. 3. Boulevards shall be sodded as required by the Planning Commission in conformance with generally accepted standards and specifications. 5. Street Signs, Lighting and Driveways. 1. Street signs, of suitable design approved by the City Council, shall be installed at each street intersection. 2. Driveway approaches and sidewalks of standard design or pedestrian pathways, as may be required by the City Council, shall be installed. 3. Street lighting fixtures, as may be required and approved by the City Council, shall be installed. 6. Sanitary Sewer and Water Distribution Improvements. 1. Sanitary sewers and water facilities shall be installed in accordance with standards and specifications as required by the City Council and subject to the approval of the City Engineer. 2. Where City sewer and water facilities are not available for extension into the proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate state and local regulations. 7. Public Utilities. 1. All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines, Cable TV and other services constructed within the confines of and providing service to customers in a newly platted residential area shall be buried underground, unless the City Council specifically shall find, after study and recommendation of the Planning Commission that: 1. The placing of utilities underground would not be compatible with the development planned; 2. Topographical, soil or any other conditions make underground installation unreasonable or impractical. 2. Where telephone, Cable TV, electric and/or gas service lines are to be placed underground entirely, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services. 3. All drainage and other underground utility installations that cross privately owned property shall be protected by easements. 4. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles. The Planning Commission may recommend, and the City Council require, that the type of overhead pole used be of a quality and durab ility aesthetically in conformance with the nature of the residential development. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 138 5. The subdivider is responsible for complying with the requirements of this section, and shall submit to the Zoning Administrator a written record from the utilities showing that the necessary arrangements with the utility involved for installation of said facilities have been made. 8. Election of City Hall to Install Improvements. 1. In accordance with the policy of the City of Gem Lake, it is the subdivider’s responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this Ordinance in lieu of requiring the subdivider to install such improvements. 9. Railroad Crossings. 1. No street dedications will be accepted that require a crossing of a railroad right -of-way unless sufficient land, as determined by the City Council, is dedicated to insure a safe view. 13. Variances from This Section. 1. The City Council may grant a variance in any particular case where the applicant can show that by reason of exceptional topography or other physical conditions the strict compliance to this section could cause an exceptional and undue hardship on the enjoyment of substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this section. 2. An application for any such Variance shall be made on an official application form available from the Zoning Administrator and shall be submitted at the same time as the Preliminary Plan is filed for consideration. Such application shall be accompanied by the required fee(s). Such application shall state fully all facts relied upon by the applicant and shall be supplemented with maps, plans or additional data that will aid the City in the analysis of the proposed project. 3. Upon receiving such application, the Zoning Administrator shall refer the application, along with all related information, to the Planning Commission for consideration at a duly convened public hearing, a report and recommendation to be sent to the City Council. 4. The applicant or a representative of the applicant shall appear before the Planning Commission at its next regular meeting in order to answer questions concerning the proposed Variance. 5. The Planning Commission shall have the authority to request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the expense of the applicant concerning said Variance, where said information is declared necessary to insure preservation or health, safety and general welfare. 6. The Planning Commission shall make a finding of fact and recommend to the City Council in writing such actions or conditions relating to the request as it may deem necessary to carry out the intent and the purpose of this section and shall do so in a timely manner that allows the City Council to take action within the time limits established by law. 7. If the report of the Planning Commission has not been received so as to provide for compliance with time limits established by law, the City Council may act without such a report. 8. Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the matter on the agenda for the next regular meeting. The Council shall within the time limits established by law make a written finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. A Variance to this Ordinance shall require a four/fifths (4/5ths) vote of the full City Council. The Zoning Administrator shall promptly notify the applicant of the Council’s decision in writing. 14. Violations and Penalty. 1. Sale of Lots from Unrecorded Plats. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 139 1. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located with the jurisdiction of this Ordinance unless said plan, plat or replat shall have first been recorded in the Office of the Recorder of Ramsey County. 2. Misrepresentation as to Construction, Supervision or Inspection of Improvements. 1. It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City of Gem Lake to represent that any improvements upon any of the streets, or avenues of said addition or subdivision or any sewer or water system in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. 3. Penalty. 1. Any person who violates any of the provisions of this Code shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under State Law. Each day that a violation is permitted to exist shall constitute a separate offense. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 140 SECTION 26. LANDSCAPING 1. Purpose. The purpose of this Section is to clearly express the City of Gem Lake’s intent for all properties in the City to be landscaped and to have the landscaping maintained with care. Properties shall be landscaped to improve the environmental performance of all properties in the City as well as to meet the aesthetic needs of the general public. 1. Landscaping Goals. All landscaping must be designed to protect, preserve, and promote the aesthetic appeal and overall value of the property. The quantity and quality of the landscape design should be compatible with the described use for each parcel in a zoning area and the intended use of the property. The preservation of desirable vegetation is a goal which should be addressed prior to any new construction, land filling, land changes or expansion of existing use areas. 2. Landscape standards. The landscape standards set forth in the Ordinance will promote harmonious development in the City, increase the desirability of residences, encourage investment or occupation in the City, optimize use and value of land and improvements, increase the stab ility and value of property, and add to the conditions affecting the peace, health and welfare of the City. Landscaping standards are essential to ensure compatible relationships between land uses within a community. All uses allowed as either permitted or conditional uses within the City’s various zoning areas shall conform to the following general provisions and performance standards. 3. Landscaping Maintenance. It is also important that all landscaped areas shall be properly maintained. Minimum maintenance standards for all landscaped areas are described in Section 18 of this Ordinance. 2. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 3. Landscaping Requirements for New Construction in Residential Districts. 1. Where to Install Landscaping. All front yards, boulevards and side yards of a residential structure in any zoning area in the City shall have sod or landscaping with mulch cover properly installed. This installation shall occur within sixty (60) days after the home is constructed upon the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing the land in furtherance of construction. If home construction is completed after the end of growing season, such landscaping shall be installed within sixty (60) days of the start of the next growing season. In rear yards, grass or mulch cover is still required, but the requirement may be met by seeding or other measures reasonably expected to provide a grassy area in lieu of installing sod. Silt fences and other methods to prevent soil erosion, as described in the Zoning Ordinance, shall be installed and maintained on any remaining portions of the lot that are not sodded or properly landscaped until a stable ground c over is established. All areas disturbed by grading which surround the principal building and accessory buildings which are not driveways, sidewalks or patios shall be landscaped with grass, shrubs, trees or other ornamental landscape materials. 2. Trees to be Planted. Three (3) new trees per acre shall be installed concurrently with sodding and seeding of the required yards. At least one (1) overstory tree and either one (1) ornamental tree or coniferous/evergreen tree is required for each lot. Each acre may have two (2) overstory trees as long as they are not of identical species. Existing significant trees that are retained on each lot may be used as a credit in lieu of planting new trees, but each acre must have at least two (2) trees. 3. Landscaping Required After Land Filling or Reclamation. If land filling or land reclamation is done in a residential area, the requirements of Section 16.15 for landscaping following construction shall be followed, using the date of permit expiration in place of the date of construction completion. 4. Landscaping Requirements for New Construction in Non-Residential Districts. 1. Where landscaping is necessary. For all non-residential districts, at least twenty five percent (25%) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. All front yards, boulevards and side yards around a structure in all non-residential districts in the City shall have sod or landscaping with mulch cover properly installed. This installation shall occur within sixty (60) days after the structure is constructed upon the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing the land in furtherance of construction. If construction is completed after the end of growing season, such landscaping shall be installed within sixty (60) days of the start of the next growing season. All areas around the structure must Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 141 be finished, but seeding of large areas around the structures is allowed in lieu of sod placement. Silt fences and other methods to prevent soil erosion shall be installed and maintained on the remaining portions of the lot that are not sodded or properly landscaped until a stable ground cover is established. 2. Parking Area Landscaping. Any parking areas in a non-residential zone that contain one hundred (100) parking stalls or less shall include at least one unpaved landscaped island along the driving aisles that serve as primary circulation to the site. In addition, at least one landscaped island shall be provided for every two hundred and twenty five (225) feet of contiguous parking stalls. All parking areas containing over one hundred (100) parking stalls shall include unpaved landscaped islands for every two hundred and twenty-five (225) feet of contiguous parking stalls. The islands shall be distributed evenly throughout the planned parking area space and be positioned in a way to promote effective traffic flow through the parking area. All landscaped islands in parking areas shall contain a minimum of one hundred and eighty (180) square feet of area and shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery in addition to then minimum landscape requirements of this Ordinance. Interior parking landscape area trees shall be provided at the rate of one (1) tree for each fifteen (15) surface parking spaces provided or a fraction thereof. Parking area landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the Planning Commission. 3. Landscaping required in land filling or reclamation. If land filling or land reclamation is done in a non- residential area, the requirements of 16.15.1 for landscaping following construction shall be followed, using the date of permit expiration in place of the date of construction completion. 4. Minimum Standards in non-residential districts. In order to achieve landscaping which is appropriate in scale with the size of the building and site, these minimum standards shall apply to all non-residential districts: 1. One (1) tree for every one thousand (1,000) square feet of total building floor area, or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty percent (30%) of the trees required shall be coniferous. 2. One (1) ornamental tree may be substituted for every 0.6 overstory deciduous shade tree. In no case shall ornamental trees exceed fifty percent (50%) of the required number of trees. 3. One (1) large shrub for every three hundred (300) square feet of building or for every thirty (30) feet of site perimeter, whichever is greater. 5. Credit for Existing Trees. The total number of new overstory trees required on a property may be reduced by the retention of existing overstory trees, provided that the following conditions are satisfied: 1. The trees fulfill the minimum requirements of section 27 of this Ordinance as to size and species. The City Forester shall recommend to the Planning Commission the amount of credit for such existing trees based upon their location and distribution in the lot. 2. Proper precautions to protect trees during building development shall be indicated on site grading plans submitted for plan review. The landscape performance security shall include provisions to ensure that these precautions are followed. 6. Irrigation System Required. As a non-residential area is developed, an underground irrigation system shall be required in all landscaped areas. 5. General Requirements for All Districts. 1. Trees and Shrubs. The following nursery stock sizes shall be required at the time of planting. All measurements shall conform to the standards set forth in the current edition of the USA Standards for Nursery Stock. Larger plants may be used or specified at any time. Overstory Trees 2-1/2 inches in diameter Ornamental Trees 1-1/2 inches in diameter Evergreen Trees 6 feet tall Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 142 Large Shrubs 36 inches tall Medium Shrubs 24 inches tall Small Shrubs 12 inches tall Evergreen Shrubs 24 inches in diameter Upright Evergreen Shrubs 36 inches tall Trunk diameter shall be measured six (6) inches above the ground level for four (4) inch or less caliper trees and measured twelve (12) inches above the ground for four (4) inch caliper or larger trees. 2. Topsoil and Planting Soil. When topsoil or planting soil is required for landscaping, the soil shall have a pH range of 5.00 to 8.00, unless otherwise specified. All soil shall be free of sticks, stones and other debris. 3. Planting Schedule. All landscaping plans shall contain a planting schedule which identified all plants proposed to be installed, along with existing plants. Plants shall be identified by a planting schedule which includes: 1. Quantity to be installed; 2. Common name; 3. Botanical name; 4. Plant size; 5. Root type (B & B, container, bare root) 4. Location of Plants. No plants, except flowers, ground cover or vines, shall be placed within two (2) feet of any building, driveway or parking area unless specifically noted and approved on the landscape plan. 5. Installation of Trees. The property owner shall be responsible for keeping new trees in a plumb position. When staking or guying is required, it shall occur so as not to create any hazards or unsightly obstacles. All wires shall be encased in hose to prevent tree damage. 6. Native Landscapes. 1. Native Landscape Alternative. A native landscape alternative to the requirements of this Ordinance is allowed in all zoning districts. Landscape plans, or portions thereof, approved as “native” are exempt from the other requirements of this Ordinance. An applicant proposing a “native landscape” shall submit a landscape plan depicting the current state of the natural area, its location on the property, and where any restoration of native area will be done. The plan must describe all features which make the p lanned restoration or retention of the area “native” as opposed to simply undisturbed. The plan shall also show fire breaks between the planting area and any structure. 2. Approval. A “native landscape” plan for restoration shall be approved if the proposed “native” area is composed of at least 80% native grasses and forbs, native plants, or a combination thereof. A plan proposing to preserve or leave undisturbed an area of the property may be approved as “native” landscaping if the specified area is composed of at least 50% native grasses and forbs, native plants, or a combination thereof. 3. Maintenance of Native Landscaping. Once approved, native grass areas shall be maintained in a neat and orderly manner without any noxious weeds, and mowed at least once per year. 7. Landscaping of Existing Uses. Existing uses shall comply with the landscaping requirements listed in Sections 26.5 and 26.6 of this Ordinance at the time any alterations are made on the buildings and premises. 8. Screening Requirements in Non-Residential Districts. 1. Parking Area Screening. Any off street parking area containing more than six (6) parking spaces, any part of which is within thirty (30) feet of an adjoining residence or residential area or across the street from any residence or residential area, and any driveway to a parking area containing at least six (6) spaces within fifteen (15) feet of an adjoining residential zone shall be completely screened to a height of at least three and one -half (3-1/2) feet above the parking grade. Such screening shall be accomplished through the use of earth berming, plant materials, or a combination of both, but not walls or fencing. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 143 2. Trash areas and Accessory Structures. In all non-residential districts, all trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye level view from public street s and adjacent residential or non-residential zoned properties. If accessory structures are proposed, they shall be constructed of the same building materials as the principal structure and be readily served through swinging doors. Design shall be approved by the Fire Department. 3. Mechanical utilities screening. The ground level view of all mechanical utilities including roof top equipment shall be completely screened from contiguous properties and adjacent street, or designed to be compatible with the architectural treatment of the principal structure. 4. Loading and service area screening. The external loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential or non -residential properties and adjacent streets, except at access points. 9. Additional Screening Requirements. 1. Residential districts. In all residential districts, all waste material, debris, refuse, garbage, fuel or materials not currently in use for construction shall be stored indoors or totally screened from the eye level view from public streets and adjacent properties. 2. All zoning districts. In all zoning districts, mechanical equipment, utility meters, storage, service area and similar features shall be completely screened from the eye level view from adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal structure. 10. Screening Methods. 1. Screening Wall or Fence. A fence or wall may be used for screening when plant materials are provided along the outside of the fence or wall. 2. Earth Berms. An earth berm shall be allowed for screening, when used in combination with plant material. A minimum of twenty five percent (25%) of the required screening must be provided by the plant material. Final slopes on berms steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. Earth berms used to screen parking lots and other open areas shall be of sufficient height to achieve screening but not to have slopes exceeding 3:1. A minimum of a two (2) foot berm is required. 3. Planting Screens. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right -of-way or within eight (8) feet of the traveled portion of any street or highway. A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year round opaqueness of eight percent (80%) at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Composition of plant material for screening shall be composed of these minimum standards: 1. Not less than thirty-three percent (33%) coniferous 2. Not less than twenty-five percent (25%) deciduous 3. Not more than thirty-five percent (35%) shrubs 4. Not more than forty-five percent (45%) of one species Planting screens shall be maintained in a neat and healthy condition. Plants which have died shall be promptly replaced. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 144 11. Landscaping Plans. 1. Content of Plans. A landscaping plan for any construction or land disturbance site shall be indicated either on the site plan and building plan, or on a separate to-scale plan drawing. The landscape plan shall address the matters raised by Sections 26.5 and 26.6, as well as visually depicting conformance with the performance standards of this Ordinance. Where streetscape plans or other landscape guidance from the Zoning Ordinance are applicable to the proposal, the landscape plan shall incorporate and visually depict compliance with those standards. When a landscaping plan is required by this Ordinance, the applicant shall submit a number of copies equal to the number of copies of site plans required for the permit or authorization (e.g. CUP, building permit ) sought. 2. Submission - residential districts. If the construction is proposed as part of a subdivision, planned unit development, or other application requiring Planning Commission review, the landscape plan shall be submitted with the applicant’s other materials for the permit or other entitlement. In other cases, the City’s building official shall ensure that such a plan exists before issuing a building permit. 3. Submission - non-residential districts. In non-residential districts, a detailed landscaping site plan shall be submitted to the Planning Commission by the subdivider, developer, builder or property owner as part of the application for zoning entitlement or other permit. This plan must be approved at the same time as the site plan and building plan and the landscaping plan must be approved before any building, demolition, grading or filling permit is issued and construction is started. In cases where Planning Commission review is not required to issue a building permit, such as additions to or remodeling of existing structures, the City’s building official shall ensure that such a plan exists before issuing a building permit. 4. Land filling or reclamation. Each request for a land filling or land reclamation permit in all zoning districts shall also include a landscaping plan. This plan shall be approved by the Planning Commission before a filling permit is issued and filling is started. 12. Performance Surety for Landscaping in Non-Residential Districts. 1. Requirements. All landscape plans for construction in a non-residential district shall be accompanied by an owner supplied performance security which shall provide the City with cash, corporate surety bond, approved letter of credit or other surety satisfactory to the City to guarantee the proper installation and vigorous growth of all landscape elements and screening required. 2. Time period surety to remain in effect. Said surety shall remain in effect for two (2) full growing seasons. The first year the amount of the surety shall be equal to one hundred ten percent (110%) of the estimated costs of plant material, installation and tree preservation. The second year the surety shall be reduced to equal twenty-five percent (25%) of the estimated costs of plant material, installation and tree preservation. 3. Requirements for lots with irrigation systems. Lots or sites provided with an irrigation system covering one hundred percent (100%) of the area improved with landscaping need only provide surety for one (1) full growing season. 13. Maintenance of Landscaping in All Districts. 1. Responsibility for replacing dead materials. The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers and sodding shown on a landscaping plan. If any of these plant materials are not maintained or replaced, said plant materials will be replaced by the City and the cost thereof will be taken from any posted surety or, if a surety does not cover all costs, assessed to the property. In residential districts the City’s replacement costs will be assessed to the property. 2. Responsibility for maintenance. The property owner shall be responsible for maintaining the landscaping on every lot and parcel in the City in good condition. Every occupied and unoccupied lot and parcel shall be maintained to limit the growth of weeds or poisonous or harmful vegetation. Weeds shall include all weeds, grass, brush, wildings, second growth, rank vegetation or other vegetation that is not growing in its proper place, having a greater height of ten (10) inches or spread more than ten (10) inch es. Grass must be mowed and shall not be allowed to grow more than ten (10) inches. Moving shall occur only between the hours of 8:30 a.m. and 8:30 p.m. Every property owner shall keep all yard spaces around a residence or non-residential in a manner such that the appearance will not detract from the neighborhood Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 145 Vegetation blocking visibility on corners or along the edge of roads or street and unreasonably impeding the view of motor vehicles traveling along public roadways is expressly forbidden and vegetation that grows to cause this problem must be trimmed or removed. 14. Penalty. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. Upon conviction thereof, may be punished in accordance with the statutory penalties assigned to misdemeanor offenses, as those may be changed from time to time. The costs of prosecution may also be added. 15. Severability. It is the intention of the City Council that several provisions of this Section are severable. If any Court of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall not affect any other provisions of this Section not specifically included in such judgment. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 146 SECTION 27. TREE PRESERVATION 1. Purpose. 1. The purpose of this Section is to preserve and protect the unique natural environment of the City of Gem Lake and provide for minimal tree loss and mitigation of tree removal in wooded areas of the City. It also provides for protection of natural barriers provided by trees or shrubs along the borders of our city, along major roads and between differing land uses. 2. Tree cover and natural barriers are beneficial in terms of aesthetics, screening, cooling, wildlife habitat protection, watershed control, air quality enhancements, erosion control and preservation and enhancement of property values. Land alteration that causes destruction of trees or shrubs diminishes and impairs the public health, safety and general welfare. The intention of this Section is to provide regulations relating to the cutting and removal of trees in areas where the natural vegetation or topography are to be altered. 2. Severability. 1. It is the intention of the City Council that the several provisions of this Section are severable and that if any court of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall not affect any other provisions or this Section not specifically included in such judgment. 3. Interaction between This Section and Other Sections. 1. In the event of conflicting requirements imposed by this Section or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 4. Wording of This Section. 1. Words used in the present tense include the past and future tense; the singular includes the plural; and the plural includes the singular. The word "shall" is mandatory and the "may" is permissive. The masculine gender includes the feminine. 5. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 6. Protection Standards. 1. No land alteration shall occur until the City finds that the planned land alteration complies with the following: 1. Maximum Possible Preservation. All land alteration shall be conducted so that the maximum amount of woodland and natural screening and barriers are preserved by the clustering of structures wherever possible, or by the use of other appropriate methods. Measures shall be taken to protect and preserve all trees and shrubs in the preservation area as described. 2. Protection of Root Zones. Grading, contouring, paving and any excavation or trenching shall not detrimentally affect the aeration or permeability of the root zone in the preservation area. 7. Data Submission. 1. The applicant shall submit data to the City, at the time of a preliminary plat submission or whenever land alteration (as described in this Ordinance) is planned, that outlines the conformance to this Ordinance. This submission shall include: 1. The name and address of the person preparing the plan and applying for a permit to do this alteration; and 2. The name and address of the person who owns the land that is to be altered; and 3. The estimated period of time within which this land alteration will be conducted; and 4. A topographical map of the land on which the proposed land alteration is to occur having a scale of one inch equals 100 feet and showing the ground elevation contours at two foot intervals. The map shall also show: Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 147 1. The land as it exists prior to the proposed land alteration including, a minimum one -hundred (100') feet of the abutting properties; and 2. The proposed ground elevation contours at 2 foot intervals on the land when the proposed land alteration is complete; and 3. A re-grading, drainage and planting plan, if appropriate. 2. A statement relating to the proposed use of the land including the type of building or structure situated thereon or to be constructed, and 3. A tree inventory, certified by a registered land surveyor, landscape architect or forester depicting the size, species, condition and location of each significant tree by species, diameter and condition, and 4. Identification of significant trees that will be lost due to the proposed land alteration and those which will be preserved, and 5. Identification of all significant trees within 30 feet of the grading limit, and 6. Identification of all natural barriers of trees or shrubs. 8. Removal Thresholds. 1. Although the applicant must retain the maximum amount of woodland possible, the City recognizes that a certain amount of significant trees and tree cover removal is an inevitable consequence of the urban development process. 2. Therefore, in the following Zoning areas or Zoning Districts listed in Column I, a percentage of the woodland may be removed without any obligation for reforestation, but only up to and including the threshold percentage of Woodland listed in Column II. If the land alteration results in woodland removal that exceeds the percentage listed in Column II, then the applicant shall be responsible to replace the trees in accordance with Section 27.9 of this Ordinance. 3. Natural borders may not be removed or altered without the written permission of the City. 4. Intensive vegetation clearance within the shore land area and on steep slopes is prohibited. 5. Table of Zoning District and Tree Removal Threshold: Tree removal in excess of the thresholds shown requires Planning Commission and City Council approval and reforestation. Column I Zoning Area or District Column II Removal Threshold Single Family Estate – RE – Residential 25% Single Family Executive – RX – Residential 25% Single Family (1 acre) – RO – Residential 25% Single Family – RS – Residential 25% Gateway – G – Commercial 25% Open Space / Recreational Overlay – OS / R 10% Shore Land – All Districts 10% Natural Barrier – All Districts 0% Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 148 9. Reforestation. 1. Tree Removal beyond the Removal Threshold. 1. If the land alteration results in tree removal beyond the tree removal threshold in Section 27.8 of this Ordinance, or as defined in Section 27.6 of this Ordinance, or a natural barrier is to be altered or removed, the applicant shall be required to submit a reforestation plan. The reforestation plan must be subm itted and approved by the City Forester prior to final plat approval, if a subdivision is being done, or before the work of land alteration is begun. The reforestation plan shall include: 1. Location of proposed reforestation, and 1. Species and size of proposed plantings, and 2. Quantity of proposed plantings. 2. Reforestation Plan. 1. The reforestation plan shall comply with the following criteria: 1. Tree replacement will be predicated on the total number of diameter inches of significant trees removed beyond the threshold limits. 2. Actual replacement quantities shall be adjusted based on the type of trees removed in accordance with the following guidelines: 1. Class A - Conifer or Softwood- predominantly Poplar, Box Elder, Cottonwood, Aspen and Conifers: 75 % 2. Class B - Mixed Hardwoods - predominantly species other than Oak including, but not limited to, Cherry, Birch, Walnut, Elm, Ironwood, Maple, Basswood, Ash: 100 % 3. Class C - Hardwood - Predominantly mature Oaks: 125% 3. Where Trees are to be Located. 1. Trees to be provided as part of a reforestation plan shall be located adjacent to the development or proposed structures in areas such as yard setbacks, on outlots or common areas, at the project entrance area, in buffer zones between different land uses or roads, or at other locations as directed by the City. Reforestation shall occur in such a way as to replace trees removed with desirable trees of the same or similar species and/or densities. These trees must be planted based on the frequency and density as determined by the City Forester. 4. Sizes and Type of Replacement Trees. 1. Replacement trees must be no less than the following sizes: 1. Deciduous trees: 1. No less than two and one-half (2½") inches in diameter on steep slopes, or 2. No less than three (3") inches on all other grades. 2. Coniferous trees: 1. No less than six (6') feet high on steep slopes, or 2. No less than seven (7') feet high on all other grades. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 149 10. Construction Damage to Significant Trees in or Near the Preservation Area. 1. Significant trees which are within thirty (30) feet of the proposed grading limit shall be surveyed by the applicant. Any significant tree that the applicant commits to preserve that is subsequently damaged, during or as the result of construction, shall be replaced by the applicant on a one for one diameter inch basis. 11. Agreement to Replace Trees. 1. The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in connection with which trees are required to be replaced by the provisions in this Ordinance, shall enter into such written agreements or arrangements with the City of Gem Lake in such form and substance as shall be approved by the City, whereby the applicant shall undertake to comply with the provisions and conditions imposed by this Ordinance and in connection with any such approval or issuance of a per mit and shall further provide that the applicant shall indemnify the City against any loss, cost or expense, including an amount as and for reasonable attorneys' fees incurred in enforcing the terms of such agreement or agreements; and 2. Provide security for the performance of its obligations pursuant to such agreement or agreements. The security may consist of a bond, letter of credit, cash, or escrow deposit, all in such form and substance as shall be approved by the City. 1. The amount of this security shall be $ 1,000 or 150% of the estimated cost to furnish and plant the replacement trees (estimated cost) whichever is greater. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for furn ishing and planting of replacement trees. The estimated cost shall be subject to approval by the City, and in the event the estimated cost is not approved, the City shall have the right, in its sole discretion, to determine the escrow amount. 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction . 1. When This Section Applies. This section shall only apply to collector and arterial road and trunk and lateral utility construction projects. All interior roads and utility services will be required to adhere to applicable zoning district thresholds. 2. Road and Utility Construction. Significant trees shall not be destroyed or removed within the right -of-way unless such destruction or removal is absolutely necessary because of engineering, safety, sight distances, or maintenance requirements and acceptable alternate means of construction or alternate routes are not possible. Such reasons must be submitted for review by the City. 3. Reforestation. If the road or utility construction destroys or removes fifty (50%) percent or less of the significant trees or tree cover in the right-of-way, then the person or entity conducting the construction shall not be responsible for reforestation. If, however, more than fifty (50%) percent of the significant trees or tree cover within the easement or right-of-way are destroyed or removed, the person conducting the construction shall be responsible for the following: 1. Filing a landscape bond pursuant to Section 27.11; and 2. Replacement of trees that exceed the fifty (50%) percent threshold shall be in accordance with Section 27.9 of this Ordinance. The replacement trees shall be planted on the adjoining setback areas, assuming the adjoining landowners consent. Otherwise, the replacement trees shall be planted at locations as determined by the City. 13. Exceptions to This Ordinance. 1. The requirements of this Ordinance shall not apply to the removal of trees which are dead, diseased, seriously damaged by storm, or other acts of nature. 14. Tree Replacement. 1. Replacement trees shall be planted not later than 12 months after the date the land alteration has commenced. If the applicant is prevented from performing within this time limit, because of unforeseen circumstances beyond the applicant’s control, the City Forester may extend the time for performance. The applicant shall inform the C ity Forester when all replacement trees have been planted, at which time the City Forester shall inspect the site. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 150 2. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statues Section 18.46 or other trees ("wilding trees") so long as the wilding trees comply with the following standards. A wilding tree measured in diameter inches shall not exceed the maximum height as shown below: 3. Table 27.14.3 Diameter of Tree in Inches Maximum Height of Trees in Feet Two (2.0”) Inches Eighteen (18’) Feet Two and One-Half (2.5”) Inches Eighteen (18’) Feet Three (3.0”) Inches Twenty (20’) Feet Three and One-Half (3.5”) Inches Twenty (20’) Feet Four (4.0”) Inches Twenty-Four (24’) Feet Five (5.0”) Inches Twenty-Eight (28’) Feet 4. The lowest branch of a wilding tree shall be at a height above the surface of the ground not more than one -half of the total height of the tree. (Example, a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) 5. Trees planted in place of missing, dead or un-healthy replacement trees shall consist of only "certified nursery stock" as defined by Minnesota Statues, Section 18.46. 15. Release and Retention of Performance Security. 1. Release of Performance Security. 1. The performance security shall remain in effect for not less than one (1) year after the date that the last replacement tree has been planted. The City may release the performance security at that time unless the City Forester, upon inspection, finds that any of the replacement trees have died or are unhealthy, or if there was any encroachment upon the protective fencing surrounding any tree to be saved. 2. If the applicant supplies proof of a nursery guarantee which is approved by the City Forester, then the performance security posted by the applicant shall be released upon planting of the last guaranteed tree. The nursery guarantee shall remove liability f rom the applicant and responsibility will be placed upon the nursery or current land owner. 2. Retention of All or Portion of Performance Security. The City may retain the portion of the performance security equal to the cost of removing dead or unhealthy trees and replanting replacement trees. 16. Penalty. 1. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor, and prosecuted and upon conviction thereof, shall be punished by a fine established in the City of Gem Lake fee schedule, as amended, or by imprisonment not to exceed ninety (90) days, or both. The costs of prosecution may also be added. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 151 SECTION 28. ENVIRONMENTAL REVIEW 1. State Law Adopted. 1. The City of Gem Lake hereby adopts the provisions of Minnesota Statutes, § 116D.04 and 116D.045, and Minnesota Rules Chapter 4410, as those laws and rules may be amended or altered from time to time, and makes those provisions a part of this section as if fully set out herein. 2. Applications. 1. The provisions of this section shall apply to all land use applications submitted to the City, including but not limited to zoning amendments, planned unit development applications, subdivision applications, shoreland and wetland permits, variances, conditional use permits, and nonconforming use permits. The intent of this ordinance is to standardize the City’s process for determining when to require review by Environmental Assessment Worksheet (“EAW”) or Environmental Impact Statement (“EIS”). 3. Determination of Need for Environmental Review. 1. The City Planner shall be the person responsible for the administration of this section, and the rules adopted by reference by this section. 2. The City Planner shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under Minn. R. 4410.4300 and/or an EIS is mandatory under Minn. R. 4410.4400. The planner shall also determine those proposed actions for which a discretionary EAW may be required under Minn. R. 4410.1000, Subp. 3, and shall notify the Planning Commission and the City Council of these proposed actions. 3. If the City Planner identifies a proposal as potentially requiring a discretionary EAW, or if the City receives a petition for EAW determination from the Environmental Quality Board, the decision to require an EAW must be made by the City Council. The planner’s notice or EQB petition shall be referred to the Planning Commission, which shall make a recommendation to the City Council. The City Council’s decision on whether or not to require an EAW shall take place no later than 30 days from receipt of the planner’s notice or petition from the EQB. Notice of the council’s decision shall be sent to the proposer within five (5) days of the decision. Copies of this notice shall also be sent to the EQB and petitioners’ representative if the determination was triggered by a citizen petition. 4. If the City Planner identifies a proposal as requiring mandatory environmental review, the planner may require that review process to begin immediately. 4. Procedures on Determination that EAW is Required. 1. If an EAW is required, the proposer of the project shall submit an “Application for Environmental Review” along with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to reimburse the City prior to the issuance of any permits for all reasonable costs, including legal and consultants’ fees, incurred in preparation and review of the EAW. The proposer shall make a deposit of five thousand dollars ($5,000.00) with the City Treasurer to be held in escrow for the payment of these costs. Any unexpended funds remaining after final consideration of the EAW by the City Council shall be returned to the proposer within thirty (30) days of the Council’s decision. 2. The City Planner shall promptly review the application for completeness and accuracy. If the city planner determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the missing data. If the city planner determines that the submittal is complete, the proposer shall be notified of the acceptance of the submittal within five days. The City shall have 30 days from notification to add supplementary material to the EAW, if necessary, and to approve the EAW for d istribution. 3. Upon completion of the EAW for distribution by the city planner, the City Clerk shall provide mailed notice of the availability of the EAW and date of the meeting at which the Planning Commission will consider the matter to all property owners within at least seven hundred and fifty (750) feet of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at minimum ten (10) days before the date of the Planning Commission meeting during which the EAW will be considered. Failure of a property owner to receive notice shall not invalidate any such proceedings on the EAW or the underlying land use proposal. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 152 4. The City Clerk shall also send the notices, copies and other material required by Minn. R. 4410.1500 within five (5) days of the planner’s approval of the EAW. 5. The City Clerk shall receive and collect all written comments on an EAW submitted during the 30 -day EAW review and comment period. The planning commission and city council may take public comment on the EAW during the 30-day period, provided that notice of the comment time is published and mailed to the proposer at least ten (10) days prior to the date the commission or council plans to take public comment. 6. When reviewing an EAW or EIS, city staff and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for approving the land use proposal when it finds that the design alterations are necessary to lessen the environmental impact of the action. 7. The Planning Commission shall review the EAW and all public commentary after the close of the comment period, and make a recommendation to the City Council regarding the need for an EIS. The City Council shall meet no less than 3 days and no more than 30 days after the close of the comment period to decide whether an EIS is needed for the land use proposal. Both the Planning Commission and the City Council shall use the standards and procedures set forth in Minn. R. 4410.1700 to guide their recommendations and decisions. 5. Procedures when an EIS is Required. The City shall apply and follow the guidance of Minn. Stat. § 116D.045 and Minn. R. 4410.2000 – 4410.3000 in the preparation and review of a required EIS. 6. Prohibition on Approvals During Environmental Review. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied in adequate detail and until the environmental review process has been completed as provided in this article, and pursuant to any written agreements entered into by the applicant for the permit or permits and the City Council. 7. Severability. It is the intention of the City Council that the several provisions of this section are separate and that it any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such judgment shall not affect other provisions of this section not specifically included in such judgment. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 153 SECTION 29. STORM SEWER USE 1. Purpose and Intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the City of Gem Lake through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are: 1. To regulate the contribution of pollutants to the MS4 by storm water discharges by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this section. 2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Gem Lake. 3. Responsibility for Administration. The City of Gem Lake shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the City of Gem Lake may be delegated in writing by the Gem Lake City Administrator of the City of Gem Lake to persons or entities acting in the beneficial interest of or in the employ of the City of Gem Lake. 4. Compatibility with Other Regulations. This section is not intended to modify or repeal any other section, ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other section, ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other section, ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 5. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. 6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore this section does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 7. Discharge Prohibitions. 1. Prohibition of Illegal Discharge. 1. No person shall directly or indirectly discharge, cause, or allow others under its control to directly or indirectly discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. 2. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this section: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges, and street wash water. 2. Discharges or flow from firefighting, and other discharges specified in writing by the City of Gem Lake as being necessary to protect public health and safety. 3. Discharges associated with dye testing; however this activity requires a verbal notification to the City of Gem Lake prior to the time of the test. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 154 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 2. Prohibition of Illicit Discharge. 1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 4. Improper connections in violation of this section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Gem Lake. 5. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Gem Lake requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or ot her, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Gem Lake. 8. Watercourse Protection. Every person owning property through which a watercourse passes and/or contains a stormwater inlet or catch basin, or such person's lessee, shall keep and maintain that part of the watercourse and/or stormwater inlet o r catch basin within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 9. Industrial or Construction Activity Discharge. Submission of Notice of Coverage/Authorization to the City of Gem Lake. 1. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Gem Lake prior to the allowing of discharges to the MS4. 2. The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial or construction activity shall submit a copy of the coverage notification or notification of permit authorization to the City of Gem Lake. 3. The copy of the coverage notification or notification of permit authorization may be delivered to the City of Gem Lake either in person or by mailing it to: City of Gem Lake 4200 Otter Lake Road Gem Lake, MN 55110 4. A person commits an offense if the person operates a facility that is discharging storm water associated with industrial or construction activity without having submitted a copy of the coverage notification or notification of permit authorization to do so to the City of Gem Lake. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 155 10. Compliance Monitoring. 1. Right of Entry: Inspection and Sampling. The City of Gem Lake shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this ordinance. 1. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City of Gem Lake. 2. Facility operators shall allow the City of Gem Lake ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. The City of Gem Lake shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City of Gem Lake to conduct monitoring and/or sampling of the facility's storm water discharge. 4. The City of Gem Lake has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger. Sampling and monitoring activities and equipment, including installation, maintenance, and removal shall be at the discharger’s own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City of Gem Lake and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing the City of Gem Lake access to a permitted facility is a violation of a storm water discharge permit and of this section. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial or construction activity commits an offense if the person denies the City of Gem Lake reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. 2. Search Warrants. If the City of Gem Lake has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Gem Lake may seek issuance of a search warrant from any court of competent jurisdiction. 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices . The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural an d non-structural Best Management Practices. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said perso n's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial or construction activity, to the extent practicable, shall b e deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit. 12. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, at their o wn expense. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City of Gem Lake in person or by phone or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Gem Lake within two (2) business days of the phone no tice. If the discharge of prohibited materials Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 156 emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on - site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at l east three (3) years. Failure to provide notification of a release as provided above is a violation of this section. 13. Salt and Deicer Storage Requirements. Property owners of commercial, institutional, and non-NPDES permitted industrial facilities must employ best management practices to minimize the discharge of polluted runoff from salt and deicer storage and application as follows: 1. Designated salt and deicer storage areas must be covered or indoors; 2. Designated salt and deicer storage areas must be located on an impervious surface; and 3. Implementation of Best Management Practices (BMPs) to reduce exposure when transferring material in designated deicer storage areas (e.g., sweeping, diversions, and/or containment). 14. Violations, Enforcement, and Penalties. 1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City of Gem Lake is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City of Gem Lake is authorized to seek costs of the abatement as outlined in Section 20. 2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any provision of this section, or any order issued hereunder, the City of Gem Lake may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning N otice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City of Gem Lake to take any action, including emergency acti on or any other enforcement action, without first issuing a Warning Notice. 3. Notice of Violation. Whenever the City of Gem Lake finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Gem Lake may order compliance by written notice of violation to the responsible person. Such notice may require without limitation, at their own expense: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 15. Costs. In addition to the other penalties provided herein, the City of Gem Lake may recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation or enforcement by an appropriate action against the person or entity found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 157 16. Suspension of MS4 Access. 1. Emergency Cease and Desist Orders. When the City of Gem Lake finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Gem Lake may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1. Immediately comply with all ordinance requirements; and 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. 2. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connec tion, or other municipal utility services. The City of Gem Lake may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City of Gem Lake that the period of endangerment has passed, unless further termination pro ceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the City of Gem Lake within five (5) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. 3. Suspension Due to Illicit Discharges in Emergency Situations. The City of Gem Lake may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to th e health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. 4. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City of Gem Lake will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Gem Lake for a reconsideration and hearing. 5. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section, without the prior approval of the City of Gem Lake. 17. Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the City of Gem Lake shall deem appropriate, after the City of Gem Lake has taken one or more of the actions described above, the City of Gem Lake may impose a penalty not to exceed $ 1,000.00 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. 18. Criminal Penalties. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment for not to exceed ninety (90) days or both. 19. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the City of Gem Lake. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation, except in the instance where a Cease and Desist Order is issued as described in Section 13, then the notice of appeal must be received within ten (10) days from the date of the Cease and Desist Order. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158 20. Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the municipal authority upholding the decision of the City of Gem Lake, then representatives of the City of Gem Lake shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It sha ll be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 21. Cost of Abatement of the Violation. Within forty-five (45) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charge s shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Gem Lake by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight (8) percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation. 22. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 23. Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulativ e remedies. The City of Gem Lake may recover all attorney’s fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. 24. Effective Date. This section shall take effect and be in force from and after its passage and publication. Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 159 SECTION 30. ADOPTION AND ENACTMENT 1. The Ordinance changes contained herein will take effect immediately upon adoption by the City Council and publication of a summary of this document, but not later than thirty (30) days from the date below. 2. The Legend of this Ordinance shall be updated to reflect the date and changes made. 3. This Ordinance, previously identified as Ordinance No. 43K shall now be known as Ordinance No. 131, City of Gem Lake Consolidated Land Use Ordinance, which replaces and supersedes all previous versions of same. 4. This City of Gem Lake Consolidated Land Use Ordinance was unanimously adopted with amendments defined in Ordinance No. 131, Appendix A, by the City Council of the City of Gem Lake on the 21st day of November in the year 2017 and ordered for summary publication in the City’s off icial newspaper. Gretchen Artig-Swomely, Mayor Melissa Lawrence, Acting City Clerk Updated August 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 160 Historical Changes Ordinance Description Enactment 43K Zoning Ordinance (incorporated into 131) Section 15.2.2 (2-4) 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred fifty (150) one hundred eighty two (182); 3. A maximum of one-hundred twenty (120) eighty two (182) “full- day equivalent” students with a full-day* defined as ten (10) hours; 4. The “full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,200 1,820, which is 120 182 students times 10 hours. 19 April 2023 43K Zoning Ordinance (incorporated into 131) Section 15.6 (1-2) 1. The total lot coverage of all buildings and other structures shall not exceed fifteen thirty (15%) (30%) percent. 2. The minimum open space requirement for any proposed use shall be twenty-five (25%) (20%) percent, including green areas not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces. 19 April 2023 43K Zoning Ordinance (incorporated into 131) Section 22. Erosion, Sediment, and Waste Controls and Stormwater Management o The section title was revised to better align with the content. o Erosion, Sediment, and Waste Controls: ▪ There are minor changes to the Criteria subsection to align with the MS4 permit. ▪ An Erosion and Sediment Control Plan subsection was created to provide clarity to proposers on submittals to the City for review. o Stormwater Management: ▪ Changes to the Regulation subsection are proposed to align with the MS4 permit requirements. ▪ Changes to the Criteria subsection are proposed to provide updated and clear design standards for project proposers. ▪ Changes to the Alternative Compliance subsection are proposed to align with the MS4 permit requirements. ▪ A Stormwater Management Plan subsection was created to provide clarity to proposers on submittals to the City for review. o Not-applicable information was removed from the section. o Other minor revisions to content and formatting. 17 October 2023 43K Zoning Ordinance (incorporated into 131) Section 29. Storm Sewer Use o A subsection for Salt and Deicer Storage Requirements was added per the MS4 permit requirements 17 October 2023 Zoning Maps Updated Figures 1a and 1b (Zoning Maps) were updated, previous version was last updated in 2017. Updates were to the symbology and parcel lines. 14 March 2024 Building Type 15a and Automotive Dealership Use (incorporated into 131) Section 9.6 o Figure 15a ‘Automotive Dealership’ building type template o Figure 17 amended to include ‘Automotive Dealership’ as a permitted use in the Automotive Dealership building type template. 17 September 2024 Ordinance 131 Update Sections 5, 6, 7, 8, 9, 10, 15, and 16 - Updates to the permitted uses in each residential district, formatting of permitted uses, addition of figure 2c to organize the permitted uses. - Updates to the accessory structure, agricultural structure, and private non-commercial pool setbacks - See 8/12/25 Planning Commission and 8/19/25 City Council Meeting materials for additional context. 19 August 2025 Edge General Mixed Use Center Single family, detached dwellings P P P P * Essential services and essential services P / A P / A P / A P / A * Attached or detached dwellings for domestic workers A A A A * Private garage, car port or parking space A A A A * The keeping of not more than two (2) roomers A A A A * Private non-commercial swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event A A A A * Home occupations A A A A * Signage A A A A * Temporary structures for the purposes of construction on site for a period of time not in excess of such construction A A A A * Conservatories for plants and flowers, not including any business, trade or industry A A A A * Decorative landscape features including but not limited to ponds, arbors, hedges, walls, shrubs, trees, etc A A A A * Country clubs, golf courses and other private commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50’) feet from any other lot in an “R” District;* C * * * Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height C C C C * Agricultural structures, including but not limited to, barns, stables, kennels, bird structures, apiaries, and the like C C C C * Motor homes C C C C * Bed and breakfast establishments C C C C * Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length; I I I I * Two (2) family dwellings * C C C * Townhomes and villas, attached and detached, through the PUD process * C C C * Family day care home I I I I * Market gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale I I I I * The keeping of agricultural animals on lots greater than one (1) acre C C C C * Public parks, through the PUD process C C C C * Open space P P P P P PUD C C C C C Figure 2c: Table of Uses Gateway (G) Single Family Estate (RE) 1du/5ac Single Family Executive Residential (RX) 1du/3ac Low Density, Single Family Residential (RO) 1du/1ac Medium Density, Single Family Residential (RS) 1du/0.5ac Open Space / Recreational (OS/R) See Figures 16 & 17 for Gateway District Permitted Uses & Accessory Structure Uses Garden Overlay District Community gardens I I I I I Market gardens I I I I I the growing season A A A A A Benches, planting beds, compost bins, rain barrels and similar structures used to facilitate the growth of plants A A A A A Off-street parking and loading areas. A A A A A Institutional Overlay District Private child care and education facilities as defined in the definitions section of this Ordinance, but with activities limited to school/educational activities. See Section 15.2.2.P P P P P Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and related social activities P P P P P Off-street parking and loading areas A A A A A Accessory building as described in Appendix A of this Ordinance A A A A A Living quarters (such as parsonage, rectory or care-takers house) that are supplied as an accessory use to a principal use C C C C C Governmental and public regulated buildings and essential service structures as defined in this Ordinance and necessary for the health, safety and general welfare of the City, excluding public works facilities and uses C C C C C Public recreational facilities C C C C C Publicly owned or cultural buildings, such as libraries, city offices, auditoriums, public administration offices and historical developments, but excluding public works type facilities and uses C C C C C Day care, social services or other non-directly related worship activities, as an accessory use within a religious building C C C C C Accessory buildings with a cumulative total greater than one- thousand (1,000 sq. ft.) square feet C C C C C Permitted Use P Permitted Accessory Uses A Conditional Uses C Interim Uses I Not Permitted * Planned Unit Development PUD C C C P P A A C I I A A A C C Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 1 City of Gem Lake, Ramsey County, Minnesota Consolidated Lane Use Ordinance No. 131 Appendix ‘A’ Consolidated/Combined Definitions – various ordinances & sections Administrative Approval - An approval provided by the Zoning Administrator for a Zoning Compliance Permit when no action is required by the City Council on a development plan supplied in accordance with Section 9.8 of this Ordinance. Note - No Conditional Uses or Variances may be requested to use this approval process. Accessory Use or Structure - A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Agricultural Structure – Structures in which farm animals or fowl are to be housed, including but not limited to barns, stables, kennels, bird structures, apiaries, and the like. Alley - A public right-of-way which affords a secondary means of access to abutting the property. Alteration or Alter - When used in connection with public waters or wetlands, is any activity that will change or diminish the course, current or cross-section of public waters or wetlands. Animal Husbandry - A use in which animals are reared or kept in order to sell, consume or donate the animals or their products, such as meat, fur or eggs. Antenna - A device used to transmit and/or receive telecommunications, television or radio signals which is located on the exterior of or outside of any building or structure. Such antennas include, but are not limited to, broadcast radio or television, wirele ss communications, cellular, personal communications systems or any other dispatch type system, microwave or satellite dish, sho rt-wave receiving or Amateur Radio transmit/receive, and other Accessory and Secondary use antennas. Antennas, Accessory and Secondary Use - Radio and television receiving antennas, satellite dishes, TVRO antennas three (3) meters or less in diameter, short wave radio receiving antennas, those antennas necessary for the operation of a Federally licensed Amateur Radio station, and towers/antennas for radio systems operated by the City of Gem Lake. Apartment/Condominium - A structure with more than two dwelling units on a single lot. Note - This is Building Template 9 for the Gateway District. Applicant - The owner of land, or the owner of a leasehold interest therein, or the owner’s authorized representative, or a governmental entity proposing an action or development requiring City development review and approval or the issuance of a permit for the development of land. Application - Any application for a development permit or development approval pursuant to this Ordinance and which application was not complete and filed on or before the date of adoption of this Ordinance. Aquaculture - A use in which food fish, shellfish or other marine foods, aquatic plants or aquatic animals are cultured or grown in a body of water in order to sell, consume or donate them or the products they produce. Arcade - Continuous, occupied cover (such as a balcony) over the entrance or entrances to a building. Authorized Enforcement Agency - Employees or designees of the City of Gem Lake designated to enforce this ordinance. Auto Oriented Layout - Alternative layout standard for Single-Use Buildings and Retail/Office Buildings designed and intended for occupancy by automotive service business using drive –thru bays, service bays, or a combination thereof. *Note - This is Building Template 15 for the Gateway District. Basement - That portion of a building that is partly or completely below ground level. Basement, Look-Out - A Look-Out basement has the walls extended sufficiently above ground level so that some of the basement windows are completely above ground level. For purposes of this definition, the exposed windows must be at least three (3') f eet in height with the bottom of the window not less than one (1') foot above ground level before that basement shall be considered a Look Out type. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 2 Basement, Walk Out - A Walk Out basement (also known as a Daylight Basement) is used on a sloping lot where typically the rear and/or one of the two sides are above grade and part of the basement is above ground level. Occupants can walk out at that po int without use of stairs, ramps, lifts and the like. Basement, Walk Up - A basement which has an exterior exit via a stairwell or ramp. Some designs cover the stairwell with angled basement doors to prevent rainwater from accumulating in the stairwell. Bed And Breakfast (B & B) - A residential building other than a motel or hotel where, for compensation and by prearrangement for definite periods not more than one week, meals or lodgings are provided for three (3) or more persons, but not to exceed eigh t (8) persons. Best Management Practices (BMPs) – Means the most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means of to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designa ted area- wise planning agencies. Bioengineering - The use of live plantings in constructed features to stabilize streambanks and shorelines. Blade Diameter - The diameter of the circle created by the tips of the turbine blades when a WECS is in operation. Boarding House - A residential building other than a motel or hotel where, for compensation and by pre -arrangement for definite periods not less than one week, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) per sons. Buildable Area - A contiguous area of real property within a lot deemed suitable by best engineering practices for construction of a principal use structure with no part of said area of real property within delineated wetlands, rights -of-way, set-backs , or easements. Building - Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Types of buildings include: 1. Collar - Structures accompanying a commercial use with large parking requirements, intended to maintain storefronts and entrances on the public street. *Note - This is Building Template 14b for the Gateway district. 2. Liner - A building that conceals from street view a Single-Use Building for which it is impractical to design compliant front of side facades (such as a warehouse or a parking garage). Liners may have retail or office uses on the ground floor and office and residential uses on the upper floor. *Note - This is Building Template 14a for the Gateway district. 3. Mixed Use - A structure with vertical mixture of uses. The upper floors may be used of office or residential uses and the ground floor may be used for office or retail. *Note - This is Building Template 12 for the Gateway district. 4. Retail/Office - A building designed for occupancy by retail and office uses where the building is intended for subdivision into tenant spaces with no residential component. *Note - This is Building Template 13 for the Gateway district. 5. Single Use - A building designed for occupancy by retail, service or office uses on the ground floor with an optional mezzanine. May also be used as a template for placing a standalone parking structure in a proposed development. *Note - This is Building Template 14 for the Gateway district. Building Height - (see Height, Building) Building Line - A line parallel to a street, road or private way or the ordinary high-water level of a water body at any level of a building and representing the minimum distance which all or any part of the building is set back from the said right -of-way or ordinary high water level. Building Setback - The maximum horizontal distance between the building and the lot line. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 3 Building Type Templates - Figures 6 through 15 are the Building Type Templates of the Gateway District. These templates contain all regulatory information governing the dimensions of lots and the dimensions, setbacks, height, placement and use of buildings in the Gateway District. The Terms and concepts used with the Building Templates are further defined in Sect 9.5.2 of the Gateway District section of the City of Gem Lake Zoning Ordinance. Bungalow Court - Four or more smaller, standalone homes around a shared central court or walk on a single lot, with pedestrian access to the street. Note - This is Building Template 10 for the Gateway district. Canopy - A freestanding permanent roof-like shelter no attached to or requiring support from an adjacent structure. Carport - An automobile shelter having one or more sides open. Changeable Copy - The letters, symbols, logos or other graphics which make up a sign’s communicative message, if they are placed on the sign by electronic or electrical means (a message center or dynamic display) or which can be replaced manually through use of letters and symbols in a panel mount or track system. City Architect - The City Architect is appointed to review all applications requiring evaluation of the Design Standards in Section 10.7 of the Gateway District. If deficiencies are noted, the City Architect shall describe the deficiency and suggest at least one complying alternative. City Council - The City of Gem Lake City Council. City Forester - A forester appointed by the City of Gem Lake. Clean Water Act - The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Clustering - A grouping of residential or other structures arranged without regard to normal lot lines and set -backs but with the express intent of preserving open spaces and natural resources for community use, establishing a sense of community among owners/resi dents and reducing the cost and impact of infrastructure development and service delivery. Cold Frame - An unheated outdoor structure with a frame of wood or similar material and a top of glass or clear plastic, used for protecting seedlings and plants from the cold. Commercial Broadcast Services - Licensed commercial radio or television services transmitting signals for reception by the general public. Commercial Wireless Telecommunications Services - Licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobilized radio (ESMR), paging a nd similar services that are marketed to the general public. Community Garden - An area of land managed and maintained by a group of individuals to grow plants and harvest food crops for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one o r more individuals or may be farmed collectively by members of the group, and may include common areas maintained and used by group members. Coniferous/Evergreen Tree - A woody plant which, at maturity, is at least thirty (30') feet in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. Construction Activity – Means activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than once acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if larger common plan will ultimately disturb equal to or greater than one acre. This includes a disturba nce to the land that results in a chance in the topography, existing soil cover, both vegetative an d non-vegetative, or the existing soil topography that may result in accelerated stormwater runoff that may lead to soil erosion and movement of sediment. Construction activit y does not include a disturbance to the land of less than five acres for the purp ose of routine maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay projects) is not construction activity. Contiguous - Areas of real property actually in contact with one another or touching along a boundary and also touching or connected throughout in an unbroken sequence. Real property separated by a body of water or designated wetland shall not be considered contiguous regardless of whether the real property under the body of water or wetland has common ownership. The routing of a driveway through a parcel of real property shall not be considered as separating same so as to make the port ions created by the driveway not contiguous. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 4 Condominium, Residential - the absolute ownership of an apartment or a residential unit (generally in a multiunit building) based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership of the common elements, which are joined with the other condominium unit owners all as provided by state law. Condominium, Office - the absolute ownership of an office or a commercial unit (generally in a multi -unit building) based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership of the common elements , which are joined with the other office condominium unit owners all as provided by state law. Coniferous/Evergreen Tree - A woody plant which, at maturity, is at least thirty (30') feet in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. Conservatory– A room, typically with glass roof and walls, attached to a house at one side and used as a greenhouse. Construction Activity – Means activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than once acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if larger common plan will ultimately disturb equal to or greater than one acre. This includes a disturba nce to the land that results in a chance in the topography, existing soil cover, both vegetative and non -vegetative, or the existing soil topography that may result in accelerated stormwater runoff that may lead to soil erosion and movement of sediment. Construction activit y does not include a disturbance to the land of less than five acres for the purpose of routine maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay projects) is not construction activity. Critical Root Zone - An area under a tree equal to one and one-half (1'6") feet of radius for every one (1") inch of tree diameter (e.g A 20" tree has a critical root zone of 30' radius or 60' diameter). Contiguous - Areas of real property actually in contact with one another or touching along a boundary and also touching or connected throughout in an unbroken sequence. Real property separated by a body of water or designated wetland shall not be considered contiguous regardless of whether the real property under the body of water or wetland has common ownership. The routing of a driveway through a parcel of real property shall not be considered as separating same so as to make the port ions created by the driveway not contiguous. Dead Storage - The permanent pool volume of a water basin, or the volume below the runout elevation of a water basin. Deciduous Tree - A woody plant which, at maturity, is at least twenty (20') feet in height, with a single trunk, un -branched for several feet above the ground, having a defined crown which loses leaves annually. Detached House, Single Family - One dwelling on one lot, detached from other adjoining lots. Note - This is Building Template 6 for the Gateway District Detention Basin - Any natural or manmade depression for the temporary storage of runoff. Development - The construction of any public improvement project, infrastructure, structure, street, or road, or the subdivision of land. Development (Or Master) Plan - A plan supplied by the applicant for a project that contains all of the up -dates and changes identified in the Preliminary Plan. See Section 9.7.1. Step No. 4 for details. Development Agreement- An agreement supplied to the City by the applicant to describe the development that will be completed and the time table for completion. Dewatering - The removal of water for construction activity. Domestic Worker - A person who works within a private residence, providing services of a household nature, such as a home care worker, house cleaners, and nannies. Drain Or or Drainage - Any method for removing or diverting water from waterbodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking or pumping. Dwelling - A building or one (1) or more portions thereof occupied or intended to be occupied exclusively for residential purposes by a person, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, motor homes o r trailer coaches. Types of dwellings include: Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 5 1. Attached - A dwelling which is joined to another dwelling. 2. Detached - A dwelling which is entirely surrounded by open space on the same lot. (See also, Detached House, Single Family) 3. Two-Family - A structure containing two (2) dwelling units, neither of which is an accessory apartment, each of which is totally separated from the other by an un-pierced wall extending from the ground to roof, or an un-pierced ceiling and floor extending from the exterior to both dwelling units. Dynamic Display - Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the design. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, such as l ight- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD) or other technology used in commercially available video monitors. Easement - A grant by an owner of land for the use of that land or a specific portion thereof for a specific limited purpose by a person or persons. The purpose generally shall be for public utility facilities such as underground utilities, including but not lim ited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Encroachment - A porch, deck, balcony, patio or similar unenclosed space, or an awning, that extends into space that is otherwise reserved for setbacks or public right-of-way. Permitted encroachments are indicated on the Building Type Templates. Energy Dissipation - Methods employed at pipe outlets to prevent erosion including but not limited to concrete aprons, riprap, splash guards, and gabions. Erosion And Sediment Control Plan - A plan of BMPs or equivalent measures that includes all proposed alterations to real property and the methods to be employed before undertaking the proposed alterations to control runoff and erosion and to retain or con trol sediment on land during the period of land disturbing activities. Essential Services - The erection, construction, alteration or maintenance of public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water and/ or sewer. Radio and television broadcast, cellular and PCS transmission/reception support structures shall not be considered an essential service. Essential Service Structures - Structures including, but not limited to, buildings such as telephone exchanges, substations, wells, pumping stations and elevated tanks. Excavation - The artificial removal of soil or other earth material. Extraordinary Management Practices or Redundant BMP - A stormwater management practice to control erosion and sedimentation and nutrient loading during and for two (2) years after construction using redundant Best Management Practices. Family - An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of persons not so related, maintaining a common household and using common cooking and kitchen facilities. Family Day Care Home - a residence or portion of a residence licensed by the Department of Human Services under chapter 9502 for no more than ten children at one time of which no more than six are under school age, and must meet Group R, Division 3 occup ancy requirements. Fill - The deposit of soil or other earth material by artificial means. Filtration Practice - A stormwater control that captures, temporarily stores, and routes stormwater runoff through a filter bed to improve water quality, as described in the Minnesota Stormwater Manual, 2005, and as amended. Final Plat And Master Plan Submission - The development data re-submitted to the City after the Preliminary Plan for a project to be approved by the City. It should contain the Final Subdivision Plat and the Final Master Plan for the project with all changes and other data requested thru the Preliminary Plan procedure. Final Stabilization - means that either: 1. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare ar eas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the large area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of rip-rap, gabions, or geotextiles) have been employed; or Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 6 2. For individual lots in residential construction by either: a. The homebuilder completing final stabilization as specified above; or b. The homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. 3. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilizat ion may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the fi nal stabilization criteria in (1) or (2) above. Floodplain - The area adjacent to a waterbody that is inundated during a 100 -year flood. Floor Area - The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, but not excepting that area primarily devoted to window display, storage, fitting rooms, st airs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off street parking or loading space. Measurements shall be made from outside of exterior walls. Footprint, Building - The building footprint is the area occupied by the horizontal projection of the building’s first floor, excluding the floor area of the attached garages and porches and or decks built as allowed encroachments into setbacks. Freestanding - Any sign affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face. Fully Reconstructed – Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils ben eath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fu lly reconstructed. Gallery - Continuous, unoccupied cover (such as an awning) over the entrance or entrances to a building. Garage - A structure intended for the parking and storage of passenger cars and light-duty trucks. A garage may be attached to a building or a separate structure, where allowed by Building Type Template. Garage, Private - A detached accessory building or portion of the principal building, including a carport which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of seven thousand (7,000) pounds. Grading - Changing the natural or existing topography of the land. Greenhouse – A climate-controlled structure enclosed by glass or multiple layers of plastic in which plants are grown that need protection from cold weather. Green Space - An area of real property on a lot which is similar to Open Space, but the general intent is to promote natural areas. Green Space includes, but is not limited to, wetlands, prairies and grasslands, pastures, forests and wooded areas, mixed forest an d grasslands, landscaped areas exclusive of impervious surfaces within the landscaped areas, or any other naturally occurring land form. Groundwater Recharge - The replenishment of groundwater storage through infiltration of surface runoff into subsurface aquifers. Hazardous Materials - Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported , disposed of, or otherwise managed. Height, Building - A distance to be measured from the ground level six (6'0") feet from the front door of a structure to the highest point of the roof, excluding chimneys, weather vanes, cupolas, antennas and the like. Hobby Activities - Any activity or interest pursued for pleasure or relaxation and not as a main occupation and meeting all the following requirements: when normally engaged in only by the persons residing in the dwelling where the hobby is pursued; when evidence of the Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 7 hobby is not visible from the street or if visible is not offensive or such to lower neighborhood property values; when pursu it of the hobby does not interfere with enjoyment of neighboring property by its owners. Home Occupation - A use incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood, and shall meet all applicable legal requirements. The standard s, permit procedures, and regulations of home occupations are further defined in Ordinance No. 134. Hoophouse - A structure made of PVC piping or other material covered with translucent plastic, constructed in a half -round or hoop shape. Housing, Life Cycle - Housing available for people at all stages of their lives. This housing may be owned or rented single family detached housing or condominiums and townhouses. Most people when they move from one housing type to another, due to changing needs and circumstances, want to stay in the same community if possible. Life-cycle housing needs to meet the changing needs of people as their incomes and circumstances change. Hydric Soils - A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Illegal Discharge - Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 29.7 of the Consolidated Land Use Ordinance. Illicit Connections - An illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the stor m drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impervious Surface - means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include roo ftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Incentives - The City Council may establish incentives which can be applied to encourage certain types of land use or preservation activity within the Gateway District. These incentives may be set by adopting a separate City Ordinance which identifies clea rly the item or items the Council seeks to encourage, the allowances which the Council is willing to offer applicants, and sufficient c riteria to all the Zoning Administrator and the City Consultants to evaluate and score applications seeking to apply for these incentives and allowances. See Section 9.2.4 for an example. Individual Sewage Treatment System (ISTS) - A facility for receiving and treating of sewage which is not a part of or connected to a public sewer system. Industrial Activity - Activities subject to NPDES Industrial Storm Water Permits. Infiltration Practice - A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the soils, as described in the Minnesota Stormwater Manual, 2005, and as amended. Infrastructure - The system of public works for a county, state, or municipality including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and inter ceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities. Instructional or Directional - A sign clearly intended for instructional purposes (example: signs identifying the different grades of gas at a gasoline pump), or intended to guide traffic entering, exiting, and traveling to particular locations on the property. Kennel, Personal - Any confinement or structure designed to contain and house up to three (3) domestic animals of various types which are owned by the occupants of the premises and which is located on and maintained by the occupant of the premises in resident ial districts for personal use only. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 8 Kennel, Commercial - Any confinement or structure designed to contain and house more than three (3) domestic animals of various types which is owned by a person, group of persons, corporation or other legal entity who own and/or harbor said animals in t he City of Gem Lake for other than personal use. This type of kennel relates to land use matters covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Conditional or Interim Use regulations of the Zoning or Land Use Or dinance of the City of Gem Lake. Land Alteration - Any modification, tree cutting or removal, grading, clearing, filling or other change to any parcel of land including a woodland, shore land or natural barrier within a five (5) year period which may initially or cumulatively result in: 1. The movement of more than four-hundred (400) cubic yards of earth where significant trees are present; or 2. Any alteration of land of: a. More than one (1') foot from the natural contour of the ground; or b. Any contiguous four-hundred fifty (450 sf) square feet of ground where significant trees are located; or c. Any cutting, removal or killing of trees equal to or greater than twenty (20%) percent of the significant trees on any parcel of land; or 3. Any cutting, removal or killing of trees equal to or greater than twenty (20%) percent of the significant trees on any parcel of land; or 4. Any destruction or disruption of tree cover equal to or greater than twenty-five (25%) percent of the total tree cover on any parcel of land; or 5. Any changes in the Natural Barriers provided by trees or shrubs along the borders of the City, along major roads or between differing land uses, or 6. Any intensive vegetation clearance (clear cutting) within a shore land area or on steep slopes; or 7. Any other significant change in the natural character or topography of the land. Land Disturbing Activity - Any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of sediment into water bo dies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under these Policies. Landscaping - Improvement and alteration of exposed ground through the establishment of lawns, gardens, planting of trees, flowers and shrubs, grading, and other such methods using natural materials. Linear Project – Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale. Live/Work Unit - Integrated row house style dwelling unit and ground floor working space of at least 3 units arrayed side-by-side along the primary frontage. Note - This is Building Template 11 for the Gateway district. Lot - A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance. Lot of Record - Any lot which is one (1) unit of a plat heretofore duly approved and filed, or one (1) unit of an Auditor’s Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered, for which a Deed, Auditor’s Subdiv ision or Registered Land Survey has been recorded in the Office of the Register of Deeds or Registrar of Titles for Ramsey County, Min nesota, prior to the effective date of this Ordinance. An out lot is not a Lot of Record. Lot Area - The area of a lot in a horizontal plane bounded by the lot lines. Lot Area Per Family - The number of square feet of lot area required per dwelling unit. Lot, Corner - A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty -five (135) degrees. Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 9 Lot Improvement - Any building, structure, work of art, or other object, or improvement of the land on which it is situated constituting a physical betterment of real property, or any part of such betterment. Lot Line - A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right -of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance. Lot Line, Front - That boundary of a lot which abuts an existing or dedicated street, road or private way, and in the case of a corner lot it shall be the longest dimension on such a street, road or private way. If the dimensions of a corner lot are equal, the fro nt line shall be designated by the owner and filed with the City. Lot Line, Rear - That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side - Any boundary of a lot which is not a front lot line or a rear lot line. Lot, Open Sales or Rental Lot - Any land used or occupied for the purposes of buying, selling, or rental for use away from the premises, any goods, materials or merchandise and for the storing of same in the open prior to sale or rental. Lot, Open Storage - Any land used or occupied for storing in the open any materials, equipment, vehicles of any kind or articles of any nature. Lot, Interior - A lot, other than a corner lot, including through lots. Lot, Through - A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance. Lot Width - The maximum horizontal distance between the side lot lines of a lot measured within the first thirty (30) feet of the lot depth commencing at the front lot line. If the lot is on a cul-de-sac or other curved roadway the lot width shall be measured at th e front building line. Market Garden – An area of land used for small-scale production of fruits, vegetables, and flowers to be sold, usually directly to consumers through on-farm stands, local markets, and local business. Mass Ratio - When used on a Building Type Template, the percentages listed in the Mass table defines the maximum area allowed in the horizontal projection of one floor in relation to the area of horizontal projection of the building footprint and attache d garage. Mean - the mid-point of two extremes. Mobile Home - Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person or persons to eat or sleep which is mounted on wheels, has provisions for wheels or may be loaded on any ordinary flat -bed truck, such as a camper, house trailer, converted bus or truck, tent or small building. Motor Service Station - A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. MPCA General Construction Permit - General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN R100001 (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, 2008, and as amended. Municipal Separate Storm Sewer System (MS4) - The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Gem Lake and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying sewage . Mural - A picture on the exterior surface of a structure. A mural is only a sign for purposes of these regulations if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business. National Pollutant Discharge Elimination System (NPDES) - means the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345 and Minnesota Rule Chapter 7090. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit - A permit issued by EPA (or by a Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 10 State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Natural Barrier - Screening provided by a tree or shrubbery barrier that acts as a visual or noise barrier from roads, railroads and differing land uses, said barrier not to exceed thirty (30') feet in barrier depth. When a Natural Barrier is part of a Woodl and, the Natural Barrier shall be considered the first thirty (30') feet of the Woodland. Non-Degradation - Section 303 (Title 33 of United States Code [U.S.C.] 1313) of the Clean Water Act (CWA) requires states and authorized tribes to adopt water quality standards for waters of the U.S. within their applicable jurisdictions to maintain t heir chemical, physical and biological integrity. No significant increase in stormwater runoff or pollutant loads from 2005/2006 numerical standa rds is permitted. Non-Point Source - Nutrient and pollution sources not discharged from a single point e.g. Runoff from agricultural fields, feedlots or urban landscapes. Non-Storm Water Discharge - Any discharge to the storm drain system that is not composed entirely of storm water . Normal Water Level - For a reservoir with a fixed overflow, means the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may r ise under normal operating conditions, exclusive of any provision for flood surcharge. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood surcharge. Noxious Material(s) - Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well -being of individuals. NURP – The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study stormwater runoff from urban development. Offices - Structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold or repaired. These include: Banks, general offices, governmental offices, insurance offices, real estate offices, travel agency or transportation ticket offices, telephone exchange, utility office, professional offices and similar uses which are operated by the owner or his tenants. Office, Showroom - A building in which at least twenty (20%) percent of the floor space is devoted to office activities, the remainder being used for either display, storage, or research and testing. Office, Supplemental Retail – A building in which at least twenty (20%) percent of the floor space is devoted to selling products or services that are secondary to the primary product or service, not including automotive repair services. Office, Related Repair – A building in which at least twenty (20%) percent of the floor space is devoted to providing repair services, related to the primary use of the building, not including automotive repair services. Open Hours (also “Operation”) - The time within the day in which a business invites customers, clients or the general public to the property or business location in order to conduct the purpose of the business. These hours will not begin earlier than 7 A.M., and will not extend beyond 8 P.M. unless approved by conditional use permit (see Figure 17). Open Space - An area of real property on a lot which is not covered by impervious surfaces, structures, unpaved storage, or designated parking areas (see Green Space). Ordinary High Water Level (OHWL) - as defined by the Minnesota Department of Natural Resources, means the boundary of water basins, watercourses, public waters, and public waters wetlands, and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; 2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outlot - a lot or parcel of land created by subdivision, but not for construction, intended for transfer of ownership, dedication or f or use as a private right-of-way. An out lot can be designated non-buildable or buildable if replatted in full compliance with all the requirements of this and the Subdivision ordinance without the use of a variance. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 11 Owner - Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land under this Ordinance. Parks and Playgrounds - Public land and open spaces in the City of Gem Lake dedicated or reserved for recreational purposes. Partial Development Plan - A plan provided with an application for a building permit to materially alter or expand an existing legally conforming structure within the Gateway District. This plan shall be submitted to the Zoning Administrator, and contain all o r part of the data requested in Section 9.8. It may be given an Administrative Approval if it does not need any Conditional Uses or Variances. Pasture - An area or portion of a single parcel of real property upon which agricultural animals are allowed to range and graze and which is suitably fenced to contain such animals. Patio - a paved outdoor area. Pedestrian Way - A public right-of-way or private easement across a block or within a block to provide access for pedestrians that may be used for the installation of utility lines. Person - Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Performance Bond - A bond with good and sufficient sureties, approved by the City Council, which is conditioned upon satisfactory implementation of an approved plan and which names the City as obligee. Performance Standard - Qualitative or quantitative criterion established to control for the benefit of public health, safety and welfare such things as noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated or inh erent in particular or ordinary uses of land or buildings. Plan Review - A review process of potential projects by designated authorities including, but not limited to, the Zoning Administrator, City Planner, Plan Review Board, Planning Commission, Building Inspector, City Engineer, city -appointed/contracted architect and/or engineer, or any other individual or group authorized by the City to review plans in an official capacity. Planning Commission - A panel of persons appointed by the Mayor and City Council of the City of Gem Lake charged with reviewing all matters related to land use development within the City; reviewing, modifying and developing the Comprehensive Municipal Plan and such local controls as may be necessary to achieve the goals of the Comprehensive Municipal Plan; and, making recommendations to the City Council as to approval and adoption of such matters. Planned Unit Development (PUD) - A tract of land which is developed as a unit under single or unified ownership control and which includes two or more buildings grouped or clustered in and around a common open space area in accordance with a pre -arranged site plan. Pollutant - Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, l itter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens ; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Pre-Development Condition - The land use on a site that exists immediately prior to a proposed alteration. All pre-development Runoff Curve Numbers must reference the Minnesota Hydrology Guide. Preliminary Plan - This development plan is one component of the steps of describing what the applicant plans to do for this project in the Gateway District. The Preliminary Plan with all of its details is used to identify exactly what will be done in this deve lopment. It is submitted to the Zoning Administrator who distributes it to the parties who will be reviewing this document. Premises - Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Preservation Area - A delineated area which designates trees and vegetation which will be preserved during the construction and land alteration process. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 12 Private Child Care and Education Facilities - Child Care Facilities currently licensed by the State of Minnesota and Educational Facilities with: 1. An enrollment with an age not to exceed twelve (12) years: 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred eighty two (182); 3. A maximum of one-hundred eighty two (182) “full-day equivalent” students with a full-day* defined as ten (10) hours. 4. The “full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,820, which is 182 students’ times 10 hours. Projecting Sign - A sign which projects from and is supported by a wall, parapet, arcade or gallery of a building with the display surface of the sign perpendicular to or approximately perpendicular to the wall. Public Facilities - Parks, playgrounds and similar uses owned and operated by the City of Gem Lake; or, libraries and other City of Gem Lake owned facilities. Public Improvement - Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off -street parking area, lot improvement or other facility for which the City of Gem Lake does or may ultimately assume responsibility for maintenance and operation, or that may affect an improvement for which local government responsibility is established. Public Open Space - Any parcel or area of land or water including, but not limited to: wetlands, prairies and grasslands, pastures, forests and wooded areas, mixed forest & grasslands, or any other naturally occurring land form that is essentially unimproved and wh ich may be devoted to use for the purpose of: 1. The preservation of natural areas and resources, 2. Outdoor recreation (active & passive), 3. Support of public health and safety, or, 4. Maintaining a high quality of life Public Utility - Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, data, or telephone services to the general public. For the purposes of this Ordinance, commercial broadcast services and commercial wireless telecommunic ations services shall not be considered public utility uses and are defined separately. Public Waters - Any waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Recreational Equipment (Residential) - Play apparatus such as swing sets and slides, sand boxes, poles for net games, unoccupied boats and trailers, picnic tables, lawn chairs, barbecue stands, and similar equipment. Redevelopment - The rebuilding, repair, or alteration of a structure, land surface, road or street, or facility. Residential WECS - A WECS with a rated generating capacity of 40 kilowatts (kw) or less which is intended primarily for producing electrical power used on-site. Retention - The prevention of direct discharge of stormwater runoff into receiving water; examples include systems which discharge through percolation, exfiltration, and evaporation processes and which generally have residence times less than three days. Roomer – A renter of a room in another person’s home. Runoff - Rainfall, snowmelt or irrigation water flowing over the ground surface. Sketch Plan - An informal plan that is used as the first step for a proposal for developing of land areas in the Gateway District of the City of Gem Lake. See Section 9.7.1, Step No. 1 for details. Sediment - The solid mineral or organic material that is in suspension, is being transported, or has been moved from its original locati on by erosion and has been deposited at another location. Sedimentation - The process or action of depositing sediment. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 13 Setback - The distance between a building, structure or other improvement and a lot line or designated right -of-way. SHED - a roofed demountable structure not to exceed two-hundred fifty (250 s.f. Ft2) square feet in total area. A shed shall be considered an Accessory Structure. SHED Shed - A structure on a property that is not a primary building nor a structure intended to house parked cars or trucks. Generally a smaller building intended for the storage of home maintenance equipment and other personal belongings. When allowed a shed with a footprint of 200 square feet or less may be built and maintained without a permit from the City . One-story detached structures that do not exceed 200 square feet, do not require building permits, in accordance with the Minnestoa State Building Code (MSBC). Shorel Land - That area surrounding Gem Lake or any other recognized wetland and extending horizontally seventy -five (75') feet back from the mean high water line. Shoreline - The ordinary water level of the body of water known as Gem Lake and any lake, pond, or flowage in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations, along with all wetlands attendant to each body of water. Sight Triangle - A triangle beginning at the corner of two intersecting street rights-of-way, shaped by two lines extending 30 feet along the edge of each right-of-way and the line connecting the two resulting points. Sign - Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units and materials composing t he same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landsc ape features that may also attract attention. Sign Face - An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. Significant Tree - A healthy deciduous tree measuring eight (8") inches or greater in diameter, at a point four and one half feet above grade, or a healthy coniferous tree measuring ten (10') feet in height or greater. Single Family Detached House - One dwelling on one lot, detached from other adjoining lots. *Note – This is Building Template 6 for the Gateway District. Site Plan - The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, uti lity services, landscaping, structures and signs, lighting and screening devices and other information that reasonably may be requ ired in order that an informed decision can be made by the approving authority. Sketch Plan - An informal plan that is used as the first step for a proposal for developing of land areas in the Gateway District of the City of Gem Lake. See Section 9.7.1 Step No. 1 for details. Soil Treatment System - A system where sewage effluent is treated and disposed of into the soil by percolation and filtration, and includes trenches, seepage beds, drain fields, at-grade systems, and mound systems. Stabilized - Exposed soil is considered to be stabilized when it has been adequately covered through temporary measures (e.g. Mulch, staked sod, riprap, erosion control blanket, or other material that prevents erosion from occurring), or permanent vegetation has been established over 70% of the surface. Stable, Personal - Any confinement or structure designed to contain and house up to two (2) horses which is located on and maintained by the occupant of lands in residential districts for personal use only. Stable, Commercial - Any confinement or structure designed to contain and house more than two (2) agricultural animals as described in Section 3.8.1 of this ordinance which is owned by a person, group of persons, corporation or other legal entity who own an d/or harbor said animals in the City of Gem Lake for other than personal use. This type of stable relates to a land use matter covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Conditional or Interim Use regula tions of the Zoning or Land Use Ordinance of the City of Gem Lake. Steep Slopes - A slope with greater than a thirty-three (33%) percent change in elevation or a 3:1 grade (3 parts horizontal to 1 part vertical). Storm Drainage System - Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 14 detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water - Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Facility – Any facility including retention and detention ponds, wetlands, reservoirs, impoundments, infiltration practices, filtration practices, conveyance systems, and connecting infrastructure that are constructed for or serve the purpose of stor mwater management. Storm Water Management Plan - A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce po llutant discharges to Storm Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Stormwater Pollution Prevention Plan (SWPPP) - A site-specific, written document that: identifies potential sources of stormwater pollution at the construction site; describes practices to reduce pollutants in stormwater discharges from the construction s ite; and identifies procedures the operator will implement to comply with the terms and conditions of a construction general permit. Street - A public or private right-of-way not less than forty (40) feet in width which affords a primary means of access to abutting property. Street, Collector - A street that carries traffic from minor streets to thoroughfares. Street, Cul-De-Sac - A local street or private right-of-way with only one outlet and providing an area for turning a vehicle with a radius of not less than one-hundred twenty (120) feet. Street Width - The shortest distance between the lines delineating the right-of-way of a street or private way. Structure - Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but without limiting the generality of the foregoing advertising signs, billboards, or fen ces. Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. Structure, Non-Conforming - Any structure which is legally existing upon the effective date of this Ordinance, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this ordinance. Subdivision - The division of an area, parcel, or tract of land into two (2) or more lots or parcels, for the purpose of transfer of owners hip or building development that will require the creation of streets and roads, except for those resulting from court orders, o r the adjustment of lot lines by the relocation of a common boundary. The term includes re -subdivision and when appropriate to the context, shall relate to the process of sub-dividing or to the land subdivided. Subwatershed - A portion of land contributing runoff to a particular point of discharge. Sub-zones - The Gateway District is composed of four sub-zones. The Gateway District Sub-Zone Zoning Map identifies these sub- zones and where they are located. Surface Water - All streams, lakes, ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. Tangent - A straight line that is perpendicular to the radius of a curve at the point where the line meets the curve. Temporary Sign - A sign which is installed for a period not to exceed sixty (60) days, not illuminated, and not installed upon a foundation. Thoroughfare - A street for fast or heavy traffic used primarily as a traffic artery between relatively large or congested areas. Thoroughfare Types - Figures 2 and 3m in the Gateway Section (Section 9) describe the details of the Thoroughfare Types to be provided in the Gateway District. These figures provide details on streets, sidewalks and other pedestrian or bicycle ways w ithin dedicated right-of-ways in this district. Total Extended Height - The highest point reached above natural grade by the tallest part of the WECS (e.g. The tip of the turbine blade at its highest point of travel). Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 15 Total Maximum Daily Load (TMDL) - A Total Maximum Daily Load, or TMDL, is a regulation designed to improve water quality by controlling the amount of a pollutant entering a water body. Tower Or Antenna Support Structure - Any mast, pole spire, lattice structure or similar structure including any lines, cables, wires or braces supporting the structure intended for the purpose of mounting an antenna, meteorological device or similar apparatu s above grade. Towers may be ground or roof mounted. The term “tower” includes any antenna attached to the tower. Townhome - townhome is a single-family dwelling unit constructed in a group of three or more attached dwelling units in which each unit extends from foundation to roof and with open space on at least two sides not more than three stories in height with a s eparate means of ingress and egress. Townhome/Rowhouse - An individual structure on a parcel with a rear yard and individual (standalone or tuck under) garage access from an alley, occupied by one primary residence in an array of at least three such structures side -by-side along the common frontage. Note - This is Building Template 8 for the Gateway District. Twinhouse- A structure with two dwelling units sharing a common wall or stacked one over the other. Note - This is Building Template 7 for the Gateway District Ultimate Conditions - The physical, topographic, and hydrologic characteristics of a sub watershed upon completion of the maximum level of expected development. Use - The Purpose or activity for which the land, structure, or building thereon is designed, arranged, or intended, or for which i t is occupied or maintained and shall include the performance of such activity as defined by the performance standards of this O rdinance. Uses shall be classified as Principal or Accessory and as Permitted, Conditional, Interim and Prohibited. Use, Conditional – Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. This includes those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning district, which for the respective conduct or performance in such designated districts ma y require reasonable, but special, unusual, or extraordinary limitations peculiar to the use and for the protect ion, promotion, and preservation of the general public welfare, health, and safety as well as the integrity of the City’s Comprehensive Municipal Plan. Considerations of the public need for the particular conditional use at the particular location.A land use or development which because of its unique characteristics, cannot be appropriately classified as a permitted use in a specific zoning district. Its approval is subject to special conditions to ensure compatibility with the public welfare, health, safety, and the City's Comprehensive Plan, consid ering the public need for the use at the proposed location. Use, Interim - a time limited use that is personal to the user or occupant and which does not run with the land. Consideration of each case of Conditional Use shall be given to impact of such use on neighboring real property and of the public need for the part icular conditional use at the particular locationA temporary use of land or structures, permitted for a limited period, that is not the ultimate intended use for the zoning district. The use is personal to the user or occupant and does not run with the land . Interim uses are allowed under specific conditions and are intended to be discontinued upon a predetermined event or timeframe. Use, Nonconforming - A use of land, buildings or structures lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any use of land, building or structure lawfully existing prior to the ad option of an amendment which would not comply with all of the regulations. Use, Permitted - A use which may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations, and performance standards of such district. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. Utilize Basin - Documented stormwater management structures designated strictly for treating and retaining stormwater. Villa - A building which contains a row of two (2), three (3) or four (4) single -family attached dwellings, each being connected to the adjoining units in each story by walls that are fire-rated and are without openings. Each unit shall have independent access to the exterior of the building, in the ground story, and each unit is located on a separate lot. Each common wall shall serve as a common/z ero lot line. Vehicle, Commercial Vehicle - A motor vehicle exceeding one and one-half ton or equivalent in load capacity or a motor vehicle not displaying passenger car or RV license plates. Vehicle, Motor Vehicle - Any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle, but excepting snowmobiles and mobile homes. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 16 Vehicle, Junked Motor Vehicle - Any motor vehicle which is either abandoned, wrecked, partially dismantled or legally inoperative, or which is not currently licensed for operation within the State of Minnesota. Wall Sign - Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. Wastewater - Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Water Body - a body of water (such as a lake or pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water. Waters Of The State - All stream, lakes, ponds, wetlands, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, publ ic or private, which are contained within, flow through, or border upon the state or any portion thereof. Streams include both intermittent and perennial. Watercourse - a channel or depression through which water flows continuously or intermittently, such as rivers, streams, or creeks. Watershed - the area drained by a natural or artificial drainage system, bounded peripherally by a ridge or stretch of high land dividing drainage areas. Way, Authorized Private - a road with a right-of-way not less than forty (40) feet wide across private land designed and built for vehicular traffic between a public street and two or more private residences. This road shall have been authorized or approve d by the City Council, to be built and maintained by private interests. Authorized private ways are allowed only in residential districts. Wetland - Any wetland as defined in Minnesota Statutes, section 103G.005, subdivision 19. Wind Energy Conversion System (WECS) - An electrical generating facility consisting of a turbine, tower, and associated control and conversion electronics. Window Sign - Any sign viewable through and/or/affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the street, including signs located inside a building but primarily visible outside of the building. Woodland - An area of at least one-half (½) acre in size of land, utility easements, or rights-of-way, with at least twenty (20) significant trees on the parcel or with tree cover over at least thirty -five (35%) percent of the total land area. Yard - A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such a lot is located. In the case of a corner lot abutting one or more major roads, both yards shall be considered front yards. A major road is any road that is of a colle ctor designation or greater. Yard, Rear - A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Yard, Side - A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Zoning Administrator - Any person(s) duly appointed by resolution of the Gem Lake City Council for the purpose of interpreting and enforcing the several local land use and development controls including, but not limited to, local controls known as the Consolidated Land Use Ordinance. Zoning Compliance Permit - This permit is granted after determination that all steps of the planning process are completed and authorizes the commencement of the project. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 1 City of Gem Lake, Ramsey County, Minnesota Consolidated Lane Use Ordinance No. 131 Appendix ‘A’ Consolidated/Combined Definitions – various ordinances & sections Administrative Approval - An approval provided by the Zoning Administrator for a Zoning Compliance Permit when no action is required by the City Council on a development plan supplied in accordance with Section 9.8 of this Ordinance. Note - No Conditional Uses or Variances may be requested to use this approval process. Accessory Use or Structure - A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Agricultural Structure – Structures in which farm animals or fowl are to be housed, including but not limited to barns, stables, kennels, bird structures, apiaries, and the like. Alley - A public right-of-way which affords a secondary means of access to abutting the property. Alteration or Alter - When used in connection with public waters or wetlands, is any activity that will change or diminish the course, current or cross-section of public waters or wetlands. Animal Husbandry - A use in which animals are reared or kept in order to sell, consume or donate the animals or their products, such as meat, fur or eggs. Antenna - A device used to transmit and/or receive telecommunications, television or radio signals which is located on the exterior of or outside of any building or structure. Such antennas include, but are not limited to, broadcast radio or television, wirele ss communications, cellular, personal communications systems or any other dispatch type system, microwave or satellite dish, sho rt-wave receiving or Amateur Radio transmit/receive, and other Accessory and Secondary use antennas. Antennas, Accessory and Secondary Use - Radio and television receiving antennas, satellite dishes, TVRO antennas three (3) meters or less in diameter, short wave radio receiving antennas, those antennas necessary for the operation of a Federally licensed Amateur Radio station, and towers/antennas for radio systems operated by the City of Gem Lake. Apartment/Condominium - A structure with more than two dwelling units on a single lot. Note - This is Building Template 9 for the Gateway District. Applicant - The owner of land, or the owner of a leasehold interest therein, or the owner’s authorized representative, or a governmental entity proposing an action or development requiring City development review and approval or the issuance of a permit for the development of land. Application - Any application for a development permit or development approval pursuant to this Ordinance and which application was not complete and filed on or before the date of adoption of this Ordinance. Aquaculture - A use in which food fish, shellfish or other marine foods, aquatic plants or aquatic animals are cultured or grown in a body of water in order to sell, consume or donate them or the products they produce. Arcade - Continuous, occupied cover (such as a balcony) over the entrance or entrances to a building. Authorized Enforcement Agency - Employees or designees of the City of Gem Lake designated to enforce this ordinance. Auto Oriented Layout - Alternative layout standard for Single-Use Buildings and Retail/Office Buildings designed and intended for occupancy by automotive service business using drive –thru bays, service bays, or a combination thereof. *Note - This is Building Template 15 for the Gateway District. Basement - That portion of a building that is partly or completely below ground level. Basement, Look-Out - A Look-Out basement has the walls extended sufficiently above ground level so that some of the basement windows are completely above ground level. For purposes of this definition, the exposed windows must be at least three (3') f eet in height with the bottom of the window not less than one (1') foot above ground level before that basement shall be considered a Look Out type. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 2 Basement, Walk Out - A Walk Out basement (also known as a Daylight Basement) is used on a sloping lot where typically the rear and/or one of the two sides are above grade and part of the basement is above ground level. Occupants can walk out at that po int without use of stairs, ramps, lifts and the like. Basement, Walk Up - A basement which has an exterior exit via a stairwell or ramp. Some designs cover the stairwell with angled basement doors to prevent rainwater from accumulating in the stairwell. Bed And Breakfast (B & B) - A residential building other than a motel or hotel where, for compensation and by prearrangement for definite periods not more than one week, meals or lodgings are provided for three (3) or more persons, but not to exceed eigh t (8) persons. Best Management Practices (BMPs) – Means the most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means of to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designa ted area- wise planning agencies. Bioengineering - The use of live plantings in constructed features to stabilize streambanks and shorelines. Blade Diameter - The diameter of the circle created by the tips of the turbine blades when a WECS is in operation. Boarding House - A residential building other than a motel or hotel where, for compensation and by pre -arrangement for definite periods not less than one week, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) per sons. Buildable Area - A contiguous area of real property within a lot deemed suitable by best engineering practices for construction of a principal use structure with no part of said area of real property within delineated wetlands, rights -of-way, set-backs , or easements. Building - Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Types of buildings include: 1. Collar - Structures accompanying a commercial use with large parking requirements, intended to maintain storefronts and entrances on the public street. *Note - This is Building Template 14b for the Gateway district. 2. Liner - A building that conceals from street view a Single-Use Building for which it is impractical to design compliant front of side facades (such as a warehouse or a parking garage). Liners may have retail or office uses on the ground floor and office and residential uses on the upper floor. *Note - This is Building Template 14a for the Gateway district. 3. Mixed Use - A structure with vertical mixture of uses. The upper floors may be used of office or residential uses and the ground floor may be used for office or retail. *Note - This is Building Template 12 for the Gateway district. 4. Retail/Office - A building designed for occupancy by retail and office uses where the building is intended for subdivision into tenant spaces with no residential component. *Note - This is Building Template 13 for the Gateway district. 5. Single Use - A building designed for occupancy by retail, service or office uses on the ground floor with an optional mezzanine. May also be used as a template for placing a standalone parking structure in a proposed development. *Note - This is Building Template 14 for the Gateway district. Building Height - (see Height, Building) Building Line - A line parallel to a street, road or private way or the ordinary high-water level of a water body at any level of a building and representing the minimum distance which all or any part of the building is set back from the said right -of-way or ordinary high water level. Building Setback - The maximum horizontal distance between the building and the lot line. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 3 Building Type Templates - Figures 6 through 15 are the Building Type Templates of the Gateway District. These templates contain all regulatory information governing the dimensions of lots and the dimensions, setbacks, height, placement and use of buildings in the Gateway District. The Terms and concepts used with the Building Templates are further defined in Sect 9.5.2 of the Gateway District section of the City of Gem Lake Zoning Ordinance. Bungalow Court - Four or more smaller, standalone homes around a shared central court or walk on a single lot, with pedestrian access to the street. Note - This is Building Template 10 for the Gateway district. Canopy - A freestanding permanent roof-like shelter no attached to or requiring support from an adjacent structure. Carport - An automobile shelter having one or more sides open. Changeable Copy - The letters, symbols, logos or other graphics which make up a sign’s communicative message, if they are placed on the sign by electronic or electrical means (a message center or dynamic display) or which can be replaced manually through use of letters and symbols in a panel mount or track system. City Architect - The City Architect is appointed to review all applications requiring evaluation of the Design Standards in Section 10.7 of the Gateway District. If deficiencies are noted, the City Architect shall describe the deficiency and suggest at least one complying alternative. City Council - The City of Gem Lake City Council. City Forester - A forester appointed by the City of Gem Lake. Clean Water Act - The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Clustering - A grouping of residential or other structures arranged without regard to normal lot lines and set -backs but with the express intent of preserving open spaces and natural resources for community use, establishing a sense of community among owners/resi dents and reducing the cost and impact of infrastructure development and service delivery. Cold Frame - An unheated outdoor structure with a frame of wood or similar material and a top of glass or clear plastic, used for protecting seedlings and plants from the cold. Commercial Broadcast Services - Licensed commercial radio or television services transmitting signals for reception by the general public. Commercial Wireless Telecommunications Services - Licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobilized radio (ESMR), paging a nd similar services that are marketed to the general public. Community Garden - An area of land managed and maintained by a group of individuals to grow plants and harvest food crops for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one o r more individuals or may be farmed collectively by members of the group, and may include common areas maintained and used by group members. Condominium, Residential - the absolute ownership of an apartment or a residential unit (generally in a multiunit building) based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership of the common elements, which are joined with the other condominium unit owners all as provided by state law. Condominium, Office - the absolute ownership of an office or a commercial unit (generally in a multi -unit building) based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership of the common elements , which are joined with the other office condominium unit owners all as provided by state law. Coniferous/Evergreen Tree - A woody plant which, at maturity, is at least thirty (30') feet in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. Conservatory– A room, typically with glass roof and walls, attached to a house at one side and used as a greenhouse. Construction Activity – Means activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than once acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if larger common plan will ultimately disturb equal to or greater than one acre. This includes a disturba nce to the land that results in a chance in the topography, existing soil cover, both vegetative and non -vegetative, or the existing soil topography Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 4 that may result in accelerated stormwater runoff that may lead to soil erosion and movement of sediment. Construction activit y does not include a disturbance to the land of less than five acres for the purpose of routine maintenance performed to maintain t he original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay projects) is not construction activity. Critical Root Zone - An area under a tree equal to one and one-half (1'6") feet of radius for every one (1") inch of tree diameter (e.g A 20" tree has a critical root zone of 30' radius or 60' diameter). Contiguous - Areas of real property actually in contact with one another or touching along a boundary and also touching or connected throughout in an unbroken sequence. Real property separated by a body of water or designated wetland shall not be considered contiguous regardless of whether the real property under the body of water or wetland has common ownership. The routing of a driveway through a parcel of real property shall not be considered as separating same so as to make the port ions created by the driveway not contiguous. Dead Storage - The permanent pool volume of a water basin, or the volume below the runout elevation of a water basin. Deciduous Tree - A woody plant which, at maturity, is at least twenty (20') feet in height, with a single trunk, un -branched for several feet above the ground, having a defined crown which loses leaves annually. Detached House, Single Family - One dwelling on one lot, detached from other adjoining lots. Note - This is Building Template 6 for the Gateway District Detention Basin - Any natural or manmade depression for the temporary storage of runoff. Development - The construction of any public improvement project, infrastructure, structure, street, or road, or the subdivision of land. Development (Or Master) Plan - A plan supplied by the applicant for a project that contains all of the up -dates and changes identified in the Preliminary Plan. See Section 9.7.1. Step No. 4 for details. Development Agreement- An agreement supplied to the City by the applicant to describe the development that will be completed and the time table for completion. Dewatering - The removal of water for construction activity. Domestic Worker - A person who works within a private residence, providing services of a household nature, such as a home care worker, house cleaners, and nannies. Drain or Drainage - Any method for removing or diverting water from waterbodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking or pumping. Dwelling - A building or one (1) or more portions thereof occupied or intended to be occupied exclusively for residential purposes by a person, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, motor homes o r trailer coaches. Types of dwellings include: 1. Attached - A dwelling which is joined to another dwelling. 2. Detached - A dwelling which is entirely surrounded by open space on the same lot. (See also, Detached House, Single Family) 3. Two-Family - A structure containing two (2) dwelling units, neither of which is an accessory apartment, each of which is totally separated from the other by an un-pierced wall extending from the ground to roof, or an un-pierced ceiling and floor extending from the exterior to both dwelling units. Dynamic Display - Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the design. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, such as l ight- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD) or other technology used in commercially available video monitors. Easement - A grant by an owner of land for the use of that land or a specific portion thereof for a specific limited purpose by a person or persons. The purpose generally shall be for public utility facilities such as underground utilities, including but not lim ited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 5 Encroachment - A porch, deck, balcony, patio or similar unenclosed space, or an awning, that extends into space that is otherwise reserved for setbacks or public right-of-way. Permitted encroachments are indicated on the Building Type Templates. Energy Dissipation - Methods employed at pipe outlets to prevent erosion including but not limited to concrete aprons, riprap, splash guards, and gabions. Erosion And Sediment Control Plan - A plan of BMPs or equivalent measures that includes all proposed alterations to real property and the methods to be employed before undertaking the proposed alterations to control runoff and erosion and to retain or con trol sediment on land during the period of land disturbing activities. Essential Services - The erection, construction, alteration or maintenance of public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water and/ or sewer. Radio and television broadcast, cellular and PCS transmission/reception support structures shall not be considered an essential service. Essential Service Structures - Structures including, but not limited to, buildings such as telephone exchanges, substations, wells, pumping stations and elevated tanks. Excavation - The artificial removal of soil or other earth material. Extraordinary Management Practices or Redundant BMP - A stormwater management practice to control erosion and sedimentation and nutrient loading during and for two (2) years after construction using redundant Best Management Practices. Family - An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of persons not so related, maintaining a common household and using common cooking and kitchen facilities. Family Day Care Home - a residence or portion of a residence licensed by the Department of Human Services under chapter 9502 for no more than ten children at one time of which no more than six are under school age, and must meet Group R, Division 3 occup ancy requirements. Fill - The deposit of soil or other earth material by artificial means. Filtration Practice - A stormwater control that captures, temporarily stores, and routes stormwater runoff through a filter bed to improve water quality, as described in the Minnesota Stormwater Manual, 2005, and as amended. Final Plat And Master Plan Submission - The development data re-submitted to the City after the Preliminary Plan for a project to be approved by the City. It should contain the Final Subdivision Plat and the Final Master Plan for the project with all changes and other data requested thru the Preliminary Plan procedure. Final Stabilization - means that either: 1. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare ar eas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the large area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of rip-rap, gabions, or geotextiles) have been employed; or 2. For individual lots in residential construction by either: a. The homebuilder completing final stabilization as specified above; or b. The homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. 3. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilizat ion may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the fi nal stabilization criteria in (1) or (2) above. Floodplain - The area adjacent to a waterbody that is inundated during a 100 -year flood. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 6 Floor Area - The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, but not excepting that area primarily devoted to window display, storage, fitting rooms, st airs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off street parking or loading space. Measurements shall be made from outside of exterior walls. Footprint, Building - The building footprint is the area occupied by the horizontal projection of the building’s first floor, excluding the floor area of the attached garages and porches and or decks built as allowed encroachments into setbacks. Freestanding - Any sign affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face. Fully Reconstructed – Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils ben eath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fu lly reconstructed. Gallery - Continuous, unoccupied cover (such as an awning) over the entrance or entrances to a building. Garage - A structure intended for the parking and storage of passenger cars and light-duty trucks. A garage may be attached to a building or a separate structure, where allowed by Building Type Template. Garage, Private - A detached accessory building or portion of the principal building, including a carport which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of seven thousand (7,000) pounds. Grading - Changing the natural or existing topography of the land. Greenhouse – A climate-controlled structure enclosed by glass or multiple layers of plastic in which plants are grown that need protection from cold weather. Green Space - An area of real property on a lot which is similar to Open Space, but the general intent is to promote natural areas. Green Space includes, but is not limited to, wetlands, prairies and grasslands, pastures, forests and wooded areas, mixed forest an d grasslands, landscaped areas exclusive of impervious surfaces within the landscaped areas, or any other naturally occurring land form. Groundwater Recharge - The replenishment of groundwater storage through infiltration of surface runoff into subsurface aquifers. Hazardous Materials - Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported , disposed of, or otherwise managed. Height, Building - A distance to be measured from the ground level six (6'0") feet from the front door of a structure to the highest point of the roof, excluding chimneys, weather vanes, cupolas, antennas and the like. Hobby Activities - Any activity or interest pursued for pleasure or relaxation and not as a main occupation and meeting all the following requirements: when normally engaged in only by the persons residing in the dwelling where the hobby is pursued; when evidence of the hobby is not visible from the street or if visible is not offensive or such to lower neighborhood property values; when pursui t of the hobby does not interfere with enjoyment of neighboring property by its owners. Home Occupation - A use incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood, and shall meet all applicable legal requirements. The standard s, permit procedures, and regulations of home occupations are further defined in Ordinance No. 134. Hoophouse - A structure made of PVC piping or other material covered with translucent plastic, constructed in a half -round or hoop shape. Housing, Life Cycle - Housing available for people at all stages of their lives. This housing may be owned or rented single family detached housing or condominiums and townhouses. Most people when they move from one housing type to another, due to changing needs and circumstances, want to stay in the same community if possible. Life-cycle housing needs to meet the changing needs of people as their incomes and circumstances change. Hydric Soils - A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 7 Illegal Discharge - Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 29.7 of the Consolidated Land Use Ordinance. Illicit Connections - An illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the stor m drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impervious Surface - means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include roo ftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Incentives - The City Council may establish incentives which can be applied to encourage certain types of land use or preservation activity within the Gateway District. These incentives may be set by adopting a separate City Ordinance which identifies clea rly the item or items the Council seeks to encourage, the allowances which the Council is willing to offer applicants, and sufficient c riteria to all the Zoning Administrator and the City Consultants to evaluate and score applications seeking to apply for these incentives and allowances. See Section 9.2.4 for an example. Individual Sewage Treatment System (ISTS) - A facility for receiving and treating of sewage which is not a part of or connected to a public sewer system. Industrial Activity - Activities subject to NPDES Industrial Storm Water Permits. Infiltration Practice - A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the soils, as described in the Minnesota Stormwater Manual, 2005, and as amended. Infrastructure - The system of public works for a county, state, or municipality including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and inter ceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities. Instructional or Directional - A sign clearly intended for instructional purposes (example: signs identifying the different grades of gas at a gasoline pump), or intended to guide traffic entering, exiting, and traveling to particular locations on the property. Kennel, Personal - Any confinement or structure designed to contain and house up to three (3) domestic animals of various types which are owned by the occupants of the premises and which is located on and maintained by the occupant of the premises in resident ial districts for personal use only. Kennel, Commercial - Any confinement or structure designed to contain and house more than three (3) domestic animals of various types which is owned by a person, group of persons, corporation or other legal entity who own and/or harbor said animals in t he City of Gem Lake for other than personal use. This type of kennel relates to land use matters covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Conditional or Interim Use regulations of the Zoning or Land Use Or dinance of the City of Gem Lake. Land Alteration - Any modification, tree cutting or removal, grading, clearing, filling or other change to any parcel of land including a woodland, shore land or natural barrier within a five (5) year period which may initially or cumulatively result in: 1. The movement of more than four-hundred (400) cubic yards of earth where significant trees are present; or 2. Any alteration of land of: a. More than one (1') foot from the natural contour of the ground; or b. Any contiguous four-hundred fifty (450 sf) square feet of ground where significant trees are located; or c. Any cutting, removal or killing of trees equal to or greater than twenty (20%) percent of the significant trees on any parcel of land; or Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 8 3. Any cutting, removal or killing of trees equal to or greater than twenty (20%) percent of the significant trees on any parcel of land; or 4. Any destruction or disruption of tree cover equal to or greater than twenty-five (25%) percent of the total tree cover on any parcel of land; or 5. Any changes in the Natural Barriers provided by trees or shrubs along the borders of the City, along major roads or between differing land uses, or 6. Any intensive vegetation clearance (clear cutting) within a shore land area or on steep slopes; or 7. Any other significant change in the natural character or topography of the land. Land Disturbing Activity - Any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of sediment into water bo dies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under these Policies. Landscaping - Improvement and alteration of exposed ground through the establishment of lawns, gardens, planting of trees, flowers and shrubs, grading, and other such methods using natural materials. Linear Project – Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale. Live/Work Unit - Integrated row house style dwelling unit and ground floor working space of at least 3 units arrayed side-by-side along the primary frontage. Note - This is Building Template 11 for the Gateway district. Lot - A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance. Lot of Record - Any lot which is one (1) unit of a plat heretofore duly approved and filed, or one (1) unit of an Auditor’s Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered, for which a Deed, Auditor’s Subdiv ision or Registered Land Survey has been recorded in the Office of the Register of Deeds or Registrar of Titles for Ramsey County, Min nesota, prior to the effective date of this Ordinance. An out lot is not a Lot of Record. Lot Area - The area of a lot in a horizontal plane bounded by the lot lines. Lot Area Per Family - The number of square feet of lot area required per dwelling unit. Lot, Corner - A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty -five (135) degrees. Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Improvement - Any building, structure, work of art, or other object, or improvement of the land on which it is situated constituting a physical betterment of real property, or any part of such betterment. Lot Line - A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right -of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance. Lot Line, Front - That boundary of a lot which abuts an existing or dedicated street, road or private way, and in the case of a corner lot it shall be the longest dimension on such a street, road or private way. If the dimensions of a corner lot are equal, the fro nt line shall be designated by the owner and filed with the City. Lot Line, Rear - That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side - Any boundary of a lot which is not a front lot line or a rear lot line. Lot, Open Sales or Rental Lot - Any land used or occupied for the purposes of buying, selling, or rental for use away from the premises, any goods, materials or merchandise and for the storing of same in the open prior to sale or rental. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 9 Lot, Open Storage - Any land used or occupied for storing in the open any materials, equipment, vehicles of any kind or articles of any nature. Lot, Interior - A lot, other than a corner lot, including through lots. Lot, Through - A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance. Lot Width - The maximum horizontal distance between the side lot lines of a lot measured within the first thirty (30) feet of the lot depth commencing at the front lot line. If the lot is on a cul-de-sac or other curved roadway the lot width shall be measured at th e front building line. Market Garden – An area of land used for small-scale production of fruits, vegetables, and flowers to be sold, usually directly to consumers through on-farm stands, local markets, and local business. Mass Ratio - When used on a Building Type Template, the percentages listed in the Mass table defines the maximum area allowed in the horizontal projection of one floor in relation to the area of horizontal projection of the building footprint and attache d garage. Mean - the mid-point of two extremes. Mobile Home - Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person or persons to eat or sleep which is mounted on wheels, has provisions for wheels or may be loaded on any ordinary flat -bed truck, such as a camper, house trailer, converted bus or truck, tent or small building. Motor Service Station - A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. MPCA General Construction Permit - General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN R100001 (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, 2008, and as amended. Municipal Separate Storm Sewer System (MS4) - The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Gem Lake and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying sewage . Mural - A picture on the exterior surface of a structure. A mural is only a sign for purposes of these regulations if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business. National Pollutant Discharge Elimination System (NPDES) - means the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345 and Minnesota Rule Chapter 7090. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit - A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Natural Barrier - Screening provided by a tree or shrubbery barrier that acts as a visual or noise barrier from roads, railroads and differing land uses, said barrier not to exceed thirty (30') feet in barrier depth. When a Natural Barrier is part of a Woodl and, the Natural Barrier shall be considered the first thirty (30') feet of the Woodland. Non-Degradation - Section 303 (Title 33 of United States Code [U.S.C.] 1313) of the Clean Water Act (CWA) requires states and authorized tribes to adopt water quality standards for waters of the U.S. within their applicable jurisdictions to maintain t heir chemical, physical and biological integrity. No significant increase in stormwater runoff or pollutant loads from 2005/2006 numerical standa rds is permitted. Non-Point Source - Nutrient and pollution sources not discharged from a single point e.g. Runoff from agricultural fields, feedlots or urban landscapes. Non-Storm Water Discharge - Any discharge to the storm drain system that is not composed entirely of storm water . Normal Water Level - For a reservoir with a fixed overflow, means the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may r ise under Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 10 normal operating conditions, exclusive of any provision for flood surcharge. For a closed depression wetland, it is the maxim um level to which the water may rise under normal precipitation conditions exclusive of any provision for flood surcharge. Noxious Material(s) - Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well -being of individuals. NURP – The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study stormwater runoff from urban development. Offices - Structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold or repaired. These include: Banks, general offices, governmental offices, insurance offices, real estate offices, travel agency or transportation ticket offices, telephone exchange, utility office, professional offices and similar uses which are operated by the owner or his tenants. Office, Showroom - A building in which at least twenty (20%) percent of the floor space is devoted to office activities, the remainder being used for either display, storage, or research and testing. Office, Supplemental Retail – A building in which at least twenty (20%) percent of the floor space is devoted to selling products or services that are secondary to the primary product or service, not including automotive repair services. Office, Related Repair – A building in which at least twenty (20%) percent of the floor space is devoted to providing repair services, related to the primary use of the building, not including automotive repair services. Open Hours (also “Operation”) - The time within the day in which a business invites customers, clients or the general public to the property or business location in order to conduct the purpose of the business. These hours will not begin earlier than 7 A.M., and will not extend beyond 8 P.M. unless approved by conditional use permit (see Figure 17). Open Space - An area of real property on a lot which is not covered by impervious surfaces, structures, unpaved storage, or designated parking areas (see Green Space). Ordinary High Water Level (OHWL) - as defined by the Minnesota Department of Natural Resources, means the boundary of water basins, watercourses, public waters, and public waters wetlands, and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; 2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outlot - a lot or parcel of land created by subdivision, but not for construction, intended for transfer of ownership, dedication or f or use as a private right-of-way. An out lot can be designated non-buildable or buildable if replatted in full compliance with all the requirements of this and the Subdivision ordinance without the use of a variance. Owner - Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land under this Ordinance. Parks and Playgrounds - Public land and open spaces in the City of Gem Lake dedicated or reserved for recreational purposes. Partial Development Plan - A plan provided with an application for a building permit to materially alter or expand an existing legally conforming structure within the Gateway District. This plan shall be submitted to the Zoning Administrator, and contain all o r part of the data requested in Section 9.8. It may be given an Administrative Approval if it does not need any Conditional Uses or Variances. Pasture - An area or portion of a single parcel of real property upon which agricultural animals are allowed to range and graze and which is suitably fenced to contain such animals. Patio - a paved outdoor area. Pedestrian Way - A public right-of-way or private easement across a block or within a block to provide access for pedestrians that may be used for the installation of utility lines. Person - Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 11 Performance Bond - A bond with good and sufficient sureties, approved by the City Council, which is conditioned upon satisfactory implementation of an approved plan and which names the City as obligee. Performance Standard - Qualitative or quantitative criterion established to control for the benefit of public health, safety and welfare such things as noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated or inh erent in particular or ordinary uses of land or buildings. Plan Review - A review process of potential projects by designated authorities including, but not limited to, the Zoning Administrator, City Planner, Plan Review Board, Planning Commission, Building Inspector, City Engineer, city -appointed/contracted architect and/or engineer, or any other individual or group authorized by the City to review plans in an official capacity. Planning Commission - A panel of persons appointed by the Mayor and City Council of the City of Gem Lake charged with reviewing all matters related to land use development within the City; reviewing, modifying and developing the Comprehensive Municipal Plan and such local controls as may be necessary to achieve the goals of the Comprehensive Municipal Plan; and, making recommendations to the City Council as to approval and adoption of such matters. Planned Unit Development (PUD) - A tract of land which is developed as a unit under single or unified ownership control and which includes two or more buildings grouped or clustered in and around a common open space area in accordance with a pre -arranged site plan. Pollutant - Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, l itter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens ; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Pre-Development Condition - The land use on a site that exists immediately prior to a proposed alteration. All pre-development Runoff Curve Numbers must reference the Minnesota Hydrology Guide. Preliminary Plan - This development plan is one component of the steps of describing what the applicant plans to do for this project in the Gateway District. The Preliminary Plan with all of its details is used to identify exactly what will be done in this deve lopment. It is submitted to the Zoning Administrator who distributes it to the parties who will be reviewing this document. Premises - Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Preservation Area - A delineated area which designates trees and vegetation which will be preserved during the construction and land alteration process. Private Child Care and Education Facilities - Child Care Facilities currently licensed by the State of Minnesota and Educational Facilities with: 1. An enrollment with an age not to exceed twelve (12) years: 2. A total enrollment of not less than twenty-five (25) nor more than one-hundred eighty two (182); 3. A maximum of one-hundred eighty two (182) “full-day equivalent” students with a full-day* defined as ten (10) hours. 4. The “full-day equivalent” shall be calculated by adding together the total number of students present during each hour of the “full-day” of school. This total shall not exceed 1,820, which is 182 students’ times 10 hours. Projecting Sign - A sign which projects from and is supported by a wall, parapet, arcade or gallery of a building with the display surface of the sign perpendicular to or approximately perpendicular to the wall. Public Facilities - Parks, playgrounds and similar uses owned and operated by the City of Gem Lake; or, libraries and other City of Gem Lake owned facilities. Public Improvement - Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off -street parking area, lot improvement or other facility for which the City of Gem Lake does or may ultimately assume responsibility for maintenance and operation, or that may affect an improvement for which local government responsibility is established. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 12 Public Open Space - Any parcel or area of land or water including, but not limited to: wetlands, prairies and grasslands, pastures, forests and wooded areas, mixed forest & grasslands, or any other naturally occurring land form that is essentially unimproved and wh ich may be devoted to use for the purpose of: 1. The preservation of natural areas and resources, 2. Outdoor recreation (active & passive), 3. Support of public health and safety, or, 4. Maintaining a high quality of life Public Utility - Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, data, or telephone services to the general public. For the purposes of this Ordinance, commercial broadcast services and commercial wireless telecommunic ations services shall not be considered public utility uses and are defined separately. Public Waters - Any waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Recreational Equipment (Residential) - Play apparatus such as swing sets and slides, sand boxes, poles for net games, unoccupied boats and trailers, picnic tables, lawn chairs, barbecue stands, and similar equipment. Redevelopment - The rebuilding, repair, or alteration of a structure, land surface, road or street, or facility. Residential WECS - A WECS with a rated generating capacity of 40 kilowatts (kw) or less which is intended primarily for producing electrical power used on-site. Retention - The prevention of direct discharge of stormwater runoff into receiving water; examples include systems which discharge through percolation, exfiltration, and evaporation processes and which generally have residence times less than three days. Roomer – A renter of a room in another person’s home. Runoff - Rainfall, snowmelt or irrigation water flowing over the ground surface. Sketch Plan - An informal plan that is used as the first step for a proposal for developing of land areas in the Gateway District of the City of Gem Lake. See Section 9.7.1, Step No. 1 for details. Sediment - The solid mineral or organic material that is in suspension, is being transported, or has been moved from its original locati on by erosion and has been deposited at another location. Sedimentation - The process or action of depositing sediment. Setback - The distance between a building, structure or other improvement and a lot line or designated right -of-way. Shed - A structure on a property that is not a primary building nor a structure intended to house parked cars or trucks. Generally a smaller building intended for the storage of home maintenance equipment and other personal belongings.. One-story detached structures that do not exceed 200 square feet, do not require building permits, in accordance with the Minnestoa State Building Code (MSBC) Shoreland - That area surrounding Gem Lake or any other recognized wetland and extending horizontally seventy -five (75') feet back from the mean high water line. Shoreline - The ordinary water level of the body of water known as Gem Lake and any lake, pond, or flowage in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations, along with all wetlands attendant to each body of water. Sight Triangle - A triangle beginning at the corner of two intersecting street rights-of-way, shaped by two lines extending 30 feet along the edge of each right-of-way and the line connecting the two resulting points. Sign - Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units and materials composing t he same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landsc ape features that may also attract attention. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 13 Sign Face - An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. Significant Tree - A healthy deciduous tree measuring eight (8") inches or greater in diameter, at a point four and one half feet above grade, or a healthy coniferous tree measuring ten (10') feet in height or greater. Single Family Detached House - One dwelling on one lot, detached from other adjoining lots. *Note – This is Building Template 6 for the Gateway District. Site Plan - The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, uti lity services, landscaping, structures and signs, lighting and screening devices and other information that reasonably may be requ ired in order that an informed decision can be made by the approving authority. Sketch Plan - An informal plan that is used as the first step for a proposal for developing of land areas in the Gateway District of the City of Gem Lake. See Section 9.7.1 Step No. 1 for details. Soil Treatment System - A system where sewage effluent is treated and disposed of into the soil by percolation and filtration, and includes trenches, seepage beds, drain fields, at-grade systems, and mound systems. Stabilized - Exposed soil is considered to be stabilized when it has been adequately covered through temporary measures (e.g. Mulch, staked sod, riprap, erosion control blanket, or other material that prevents erosion from occurring), or permanent vegetation has been established over 70% of the surface. Stable, Personal - Any confinement or structure designed to contain and house up to two (2) horses which is located on and maintained by the occupant of lands in residential districts for personal use only. Stable, Commercial - Any confinement or structure designed to contain and house more than two (2) agricultural animals as described in Section 3.8.1 of this ordinance which is owned by a person, group of persons, corporation or other legal entity who own an d/or harbor said animals in the City of Gem Lake for other than personal use. This type of stable relates to a land use matter covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Conditional or Interim Use regula tions of the Zoning or Land Use Ordinance of the City of Gem Lake. Steep Slopes - A slope with greater than a thirty-three (33%) percent change in elevation or a 3:1 grade (3 parts horizontal to 1 part vertical). Storm Drainage System - Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water - Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Facility – Any facility including retention and detention ponds, wetlands, reservoirs, impoundments, infiltration practices, filtration practices, conveyance systems, and connecting infrastructure that are constructed for or serve the purpose of stor mwater management. Storm Water Management Plan - A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce po llutant discharges to Storm Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Stormwater Pollution Prevention Plan (SWPPP) - A site-specific, written document that: identifies potential sources of stormwater pollution at the construction site; describes practices to reduce pollutants in stormwater discharges from the construction s ite; and identifies procedures the operator will implement to comply with the terms and conditions of a construction general permit. Street - A public or private right-of-way not less than forty (40) feet in width which affords a primary means of access to abutting property. Street, Collector - A street that carries traffic from minor streets to thoroughfares. Street, Cul-De-Sac - A local street or private right-of-way with only one outlet and providing an area for turning a vehicle with a radius of not less than one-hundred twenty (120) feet. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 14 Street Width - The shortest distance between the lines delineating the right-of-way of a street or private way. Structure - Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but without limiting the generality of the foregoing advertising signs, billboards, or fen ces. Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. Structure, Non-Conforming - Any structure which is legally existing upon the effective date of this Ordinance, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this ordinance. Subdivision - The division of an area, parcel, or tract of land into two (2) or more lots or parcels, for the purpose of transfer of owners hip or building development that will require the creation of streets and roads, except for those resulting from court orders, o r the adjustment of lot lines by the relocation of a common boundary. The term includes re -subdivision and when appropriate to the context, shall relate to the process of sub-dividing or to the land subdivided. Subwatershed - A portion of land contributing runoff to a particular point of discharge. Sub-zones - The Gateway District is composed of four sub-zones. The Gateway District Sub-Zoning Map identifies these sub-zones and where they are located. Surface Water - All streams, lakes, ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. Tangent - A straight line that is perpendicular to the radius of a curve at the point where the line meets the curve. Temporary Sign - A sign which is installed for a period not to exceed sixty (60) days, not illuminated, and not installed upon a foundation. Thoroughfare - A street for fast or heavy traffic used primarily as a traffic artery between relatively large or congested areas. Thoroughfare Types - Figures 2 and 3m in the Gateway Section (Section 9) describe the details of the Thoroughfare Types to be provided in the Gateway District. These figures provide details on streets, sidewalks and other pedestrian or bicycle ways w ithin dedicated right-of-ways in this district. Total Extended Height - The highest point reached above natural grade by the tallest part of the WECS (e.g. The tip of the turbine blade at its highest point of travel). Total Maximum Daily Load (TMDL) - A Total Maximum Daily Load, or TMDL, is a regulation designed to improve water quality by controlling the amount of a pollutant entering a water body. Tower Or Antenna Support Structure - Any mast, pole spire, lattice structure or similar structure including any lines, cables, wires or braces supporting the structure intended for the purpose of mounting an antenna, meteorological device or similar apparatu s above grade. Towers may be ground or roof mounted. The term “tower” includes any antenna attached to the tower. Townhome - townhome is a single-family dwelling unit constructed in a group of three or more attached dwelling units in which each unit extends from foundation to roof and with open space on at least two sides not more than three stories in height with a s eparate means of ingress and egress. Townhome/Rowhouse - An individual structure on a parcel with a rear yard and individual (standalone or tuck under) garage access from an alley, occupied by one primary residence in an array of at least three such structures side -by-side along the common frontage. Note - This is Building Template 8 for the Gateway District. Twinhouse- A structure with two dwelling units sharing a common wall or stacked one over the other. Note - This is Building Template 7 for the Gateway District Ultimate Conditions - The physical, topographic, and hydrologic characteristics of a sub watershed upon completion of the maximum level of expected development. Use - The Purpose or activity for which the land, structure, or building thereon is designed, arranged, or intended, or for which i t is occupied or maintained and shall include the performance of such activity as defined by the performance standards of this O rdinance. Uses shall be classified as Principal or Accessory and as Permitted, Conditional, Interim and Prohibited. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 15 Use, Conditional – A land use or development which because of its unique characteristics, cannot be appropriately classified as a permitted use in a specific zoning district. Its approval is subject to special conditions to ensure compatibility with the p ublic welfare, health, safety, and the City's Comprehensive Plan, considering the public ne ed for the use at the proposed location. Use, Interim - A temporary use of land or structures, permitted for a limited period, that is not the ultimate intended use for the zoning district. The use is personal to the user or occupant and does not run with the land. Interim uses are allowed under specific conditions and are intended to be discontinued upon a predetermined event or timeframe. Use, Nonconforming - A use of land, buildings or structures lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any use of land, building or structure lawfully existing prior to the ad option of an amendment which would not comply with all of the regulations. Use, Permitted - A use which may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations, and performance standards of such district. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. Utilize Basin - Documented stormwater management structures designated strictly for treating and retaining stormwater. Villa - A building which contains a row of two (2), three (3) or four (4) single -family attached dwellings, each being connected to the adjoining units in each story by walls that are fire-rated and are without openings. Each unit shall have independent access to the exterior of the building, in the ground story, and each unit is located on a separate lot. Each common wall shall serve as a common/z ero lot line. Vehicle, Commercial Vehicle - A motor vehicle exceeding one and one-half ton or equivalent in load capacity or a motor vehicle not displaying passenger car or RV license plates. Vehicle, Motor Vehicle - Any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle, but excepting snowmobiles and mobile homes. Vehicle, Junked Motor Vehicle - Any motor vehicle which is either abandoned, wrecked, partially dismantled or legally inoperative, or which is not currently licensed for operation within the State of Minnesota. Wall Sign - Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. Wastewater - Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Water Body - a body of water (such as a lake or pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water. Waters Of The State - All stream, lakes, ponds, wetlands, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, publ ic or private, which are contained within, flow through, or border upon the state or any portion thereof. Streams include both intermittent and perennial. Watercourse - a channel or depression through which water flows continuously or intermittently, such as rivers, streams, or creeks. Watershed - the area drained by a natural or artificial drainage system, bounded peripherally by a ridge or stretch of high land dividing drainage areas. Way, Authorized Private - a road with a right-of-way not less than forty (40) feet wide across private land designed and built for vehicular traffic between a public street and two or more private residences. This road shall have been authorized or approve d by the City Council, to be built and maintained by private interests. Authorized private ways are allowed only in residential districts. Wetland - Any wetland as defined in Minnesota Statutes, section 103G.005, subdivision 19. Wind Energy Conversion System (WECS) - An electrical generating facility consisting of a turbine, tower, and associated control and conversion electronics. Window Sign - Any sign viewable through and/or/affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the street, including signs located inside a building but primarily visible outside of the building. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 16 Woodland - An area of at least one-half (½) acre in size of land, utility easements, or rights-of-way, with at least twenty (20) significant trees on the parcel or with tree cover over at least thirty -five (35%) percent of the total land area. Yard - A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such a lot is located. In the case of a corner lot abutting one or more major roads, both yards shall be considered front yards. A major road is any road that is of a colle ctor designation or greater. Yard, Rear - A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Yard, Side - A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Zoning Administrator - Any person(s) duly appointed by resolution of the Gem Lake City Council for the purpose of interpreting and enforcing the several local land use and development controls including, but not limited to, local controls known as the Consolidated Land Use Ordinance. Zoning Compliance Permit - This permit is granted after determination that all steps of the planning process are completed and authorizes the commencement of the project. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. To: Connie Taillon, City of White Bear Lake, Environmental Specialist/Water Resources Engineer Kevin Kress, City of North Oaks, City Administrator Mike Grochala, City of Lino Lakes, Community Development Director Jim Hauth, City of Vadnais Heights, Public Works Director Melissa Lawrence, City of Gem Lake, Administrative Assistant Dale Reed, White Bear Township, Public Works Director From: Phil Belfiori – VLAWMO Administrator and Troy Gilchrist – VLAWMO Attorney Date: August 1, 2025 Re: Final Updated VLAWMO Joint Powers Agreement (JPA) for City Council /Town Board Consideration, Action/Signature- Revised with Updated Sect. 3.14 language. Please find attached (See Attachment 1) the VLAWMO Joint Powers Agreement (“JPA”)for consideration and action by your respective City Council/Town Boards. Background As you are aware from the first draft of the VLAWMO JPA packet sent to you on April 24, 2025, VLAWMO is working to update its Joint Powers Agreement (JPA) in conjunction with its work to develop the 2027-2036 Watershed Management Plan. The current JPA was adopted in 2016 and will expire on December 31, 2026. While the current JPA will not expire until next year, VLAWMO determined the concurrent review and update of the JPA and the Watershed Management Plan is the most efficient and will help ensure the documents are properly aligned. As such, VLAWMO staff and Troy Gilchrist (VLAWMO Attorney) have prepared the enclosed final JPA which is the result of a detailed review and work to incorporate VLAWMO’s long- standing practices and procedures. The primary changes from the previous JPA are summarized in the attached sample city /township staff memo and sample resolutions (see Attachment 3). The most import of these changes is the recognition that the storm sewer utility fee is VLAWMO’s primary source of funding. The overall goal was to better align the JPA with how VLAWMO actually operates and has operated for many years. An effort was also made to streamline the language as much as possible. VLAWMO staff sent the draft JPA to member community staff for review and comments on April 24, 2025. Comments were received from four member community staff. The updated JPA reflects revisions where relevant and or necessary per these comments. Many of the comments were non-substantive and involved minor revisions to language for clarification, consistency, or grammar. The following highlights the substantive changes made to the draft JPA based on the member community staff comments received in May: 1. The language about the “final budget” needing to be adopted by December 31 was revised to reflect to indicate that any budget adjustments required to allocate carry- overfunds need to be made by December 31 (Sec. 6.1(f) ) 2. If there was ever a member assessment, the date by which that decision needs to be made was changed from September 1 to July 1 to better accommodate the city budgeting process (Sec. 6.3). 3. The duration of the JPA was revised back to previous language, which was 10 years; (Sec. 7.1). The JPA can be amended at any time in the future if needed (Sec. 8.4). 4. The method for selecting a mediator if the parties cannot agree on a mediator under the dispute resolution process in Sec. 8.2 was revised to have the Chair make the selection or, if the Chair’s community is involved, then to have the Vice-Chair make the selection. 5. Revisions to Sec 7.4 regarding the allocation of assets if VLAWMO was dissolved to remove references to real property. 6. The voting requirement to approve the annual budget was revised. (see note below regarding subsequent comments from BWSR). The VLAWMO Board considered the revised JPA at its June 25, 2025 meeting and adopted a VLAWMO Resolution 05-2025 (See attachment 4) to approve forwarding the JPA to BWSR for review and then to the member communities. The draft JPA was then sent to BWSR for review and comment as is required by State law. Upon review, BWSR provided four comments which were mostly minor and focused on detailed policy matters related to Board meeting logistics /noticing and adding a reference related to the VLAWMO annual report work plan. The BWSR also commented that the voting requirement section included in VLAWMO’s annual budget process (referred to in Sections 3 and 6 of the JPA) require a majority vote. Staff made these revisions to respond to BWSR’s comments and the revised the JPA. On Tues. July 29, 2025, VLAWMO staff sent out the final update JPA to member community staff. The City of Lino Lakes staff then sent an email on Wed. July 30, 2025 regarding a question on the proposed language in section 3.14 of the JPA regarding voting requirements for capital improvements. Based on this question and subsequent discussions, VLAWMO revised the language in Section 3.14 as follows: 3.14 Voting. Each Director shall have one (1) vote in all matters coming before the Board. Approval of all matters, except capital improvement projects, will be determined by a simple majority of Directors present and voting at the meeting. The Board must approve a capital improvement project by a two-thirds vote of the Directors present and voting at a meeting before a contract may be let to construct the project. This revised language was agreed to by the majority of member community staff including the City of Lino Lakes, Vadnais Heights, Gem Lake and White Bear Lake and was approved as complying with requirements by BWSR. This above mentioned revised language in section 3.14 has now been incorporated into Attachment 1 (the Final updated JPA) and is now ready to be brought before the City Council /Town Board for consideration and approval. Request to Member Community Staff VLAWMO staff would respectfully request City Council/Town Board consideration and action on the attached JPA (Attachment 1) by Friday September 26, 2025 if possible. This timing would allow for best “fit” and alignment with the anticipated timing with the upcoming VLAWMO Board consideration of the next version of the VLAWMO Watershed Management Plan later this Fall /Early Winter. If you have any remaining legal based questions, please contact VLAWMO Attorney Troy Gilchrist at Troy@townlawcenter.com. If you have any remaining non-legal questions, please contact Phil Belfiori at Phil.belfiori@vlawmo.org. VLAWMO staff (Phil) will call each of you individually to discuss timing, determine if you need any additional information, and to see if you have any remaining questions. Attachments: 1. Final updated JPA and final updated VLAWMO boundary map exhibit for consideration and action by City Council’s and Town Board 2. “Redlined” JPA version comparing revisions made comparing attachment 1 to the 2017 VLAWMO JPA 3. Templates/ sample city council /town board staff memo and sample resolutions for use by member community staff for City Council and Town Board meeting packets (4 total documents) 4. VLAWMO approved resolution 05-2025 from their meeting on June 25, 2025 CC: Kevin Watson - kevin.watson@cityvadnaisheights.com David Pecchia - dpecchia@linolakes.us Pat Christopherson - Pat.Christopherson@whitebeartownship.org Lindy Crawford - lcrawford@whitebearlake.org 2016 JPA with Prior Amendments 1 VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE VADNAIS LAKE AREA WATERSHED THIS JOINT POWERS AGREEMENT, (“Agreement”) is made and entered into as of the last date of execution, by and between the participating units of local government of the Cities of Gem Lake, Lino Lakes, North Oaks, Vadnais Heights, and White Bear Lake and the Township of White Bear, hereafter referred to as “Members” and (individually asa “Member”, agree to continue” and collectively the Vadnais Lake Area Water Management Organization, as a public agency.“Members”). RECITALS A. The Vadnais Lake Area Water Management Organization (“VLAWMO”) was organized in 1983 and is located in the northeast metro area within Ramsey and Anoka counties. B. VLAWMO is responsible for an approximately 24.2 square mile watershed that encompasses the City of North Oaks, along with portions of the Cities of White Bear Lake, Gem Lake, Vadnais Heights, Lino Lakes, and White Bear Township and includes 17 lakes, 1 creek, and over 1000 wetlands as shown on the map maintained by VLAWMO. C. Local government units in the metropolitan area are required by the Metropolitan Water Management Program (Minn. Stat. §§ 103B.201 to 103B.255) (“Act”) to plan for and manage surface water. D. Under the Act, one of the options available to local government units to satisfy its requirements is to adopt a joint powers agreement pursuant to Minn. Stat. § 471.59 to establish a watershed management organization to jointly plan for and manage surface water within a watershed. E. The Members elected to exercise their authority under the Act to adopt a joint powers agreement establishing VLAWMO to cooperatively manage and plan for the management of surface water within the watershed. F. The original joint powers agreement has been updated over time and the term of the current joint powers agreement expires on December 31, 2026. G. VLAWMO is funded in large part by storm sewer utility fees certified to the respective County Auditors and imposed by the Counties on properties within the watershed as authorized by special legislation adopted by the Minnesota Legislature in 2008 (2008 Minn. Laws Chap. 366, Art. 6, Sec. 47). H. The Members previously acted pursuant to their authority to establish the “Vadnais Lake Area Water Management Organization Board of Directors” (“Board”) and said Board is 2016 JPA with Prior Amendments 2 hereby reaffirmed as the entity charged with the authority and responsibility to manage VLAWMO. I. VLAWMO has also established a Technical Commission that performs a variety of functions to assist with VLAWMO’s operations and assist with developing VLAWMO’s annual budget. J. The Board has previously acted to adopt a Watershed Management Plan for the watershed and has regularly updated the Watershed Management Plan in accordance with Minn. Stat. § 103B.231, Minn. R., chap. 8410, and such other law as may apply. K. The Members desire to enter into this Agreement to reaffirm VLAWMO and the Board in furtherance of its efforts to continue working cooperatively to prepare and administer a watershed management plan to manage surface water within the watershed in accordance with the Act and Minn. R., chap. 8410. AGREEMENT In consideration of the mutual promises and agreements contained herein, the Members mutually agree as follows: SECTION I ESTABLISHMENT AND GENERAL PURPOSE 1.1 The Reaffirming the Establishment. The Members hereby reaffirm and ratify the establishment and continued operation of the “Vadnais Lake Area Water Management Organization (VLAWMO), created” pursuant to Minnesota Statutes, Section 471.59, is dependent upon the sincere desire of each Member to work cooperatively to meet the requirements of the Metropolitan Surface Water Management statute, Minnesota Statutes, Section 103B.201 et seq. (and Chapter 103D - Watershed Law), hereafter collectively referred to as the “Act”. and such other laws and rules as may apply. It is the general purpose of the parties to this Agreement to establish an organization to: 1) Continue the Vadnais Lake Area Water Management Organization; 2) Develop and amend a water management plan; and 3) Operate appropriate programs including those to: a) protect, preserve and use natural surface water and groundwater storage and retention systems; b) minimize capital expenditures necessary to correct flooding and water quality problems; c) identify and plan for means to effectively protect and improve surface and groundwater quality; 2016 JPA with Prior Amendments 3 d) establish more uniform local policies and official controls for surface and groundwater management; e) prevent erosion of soil into surface water systems; f) promote groundwater conservation and recharge; and g) protect and enhance fish and wildlife habitat and water recreational facilities and secure other benefits associated with the proper management of surface and groundwater, and be in accordance with the Act. 1.2 General Purpose. The general purpose of this Agreement is to continue VLAWMO and its work on behalf of the Members to cooperatively adopt, administer, and update as needed the Watershed Management Plan, and to carry out the purposes identified in Minn. Stat. § 103B.201 and the other provisions of the Act. The plan and programs shall operate within the boundaries of VLAWMO as identified in the official map filed with the Minnesota Board of Soil and Water Resources. The most current version of the official map defining the boundaries of the Watershed is incorporated herein by reference. The boundaries of the Watershed are subject to change utilizing the procedure set out in Minn. Stat. § 103B.225 as may be needed to better reflect the hydrological boundaries of the Area. SECTION II VADNAIS LAKE AREA WATERSHED VLAWMO shall manage a watershed area in northern Ramsey County and southeastern Anoka County shown on the map set forth on Appendix A. SECTION III DEFINITIONS 2.1 For purposes of this Agreement,Definitions. The definitions contained in Minn. Stat. § 103B.205 and Minn. R., part 8410.0020 are hereby adopted by reference, except that the following terms shall have the meanings as definedgiven them in this section. “Agreement” means this Section. (a) “Agreement” – This Agreement developed pursuant to Minnesota Statutes, SectionMinn. Stat. §§ 103B.211 & 471.59 reconstitutingand which reestablishes and continues the Vadnais Lake Area Water Management Organization (VLAWMO).. (b) “Alternate Commissioner” means the person appointed by a Member to serve as its alternate to represent the Member on the Technical Commission in the absence or disability of its appointed Commissioner. (c) “Alternate Director” means the person appointed by a Member to serve as its alternate to represent the Member on the Board in the absence or disability of its appointed Director. 2016 JPA with Prior Amendments 4 (d) “Area” – Themeans the boundaries of the Vadnais Lake Area Watershed as set forth on the map set forth on Appendix A and hereafter referred to as the “Area”.official map incorporated herein by reference. (e) “Board of Directors” or “Board” – Themeans the governing board of VLAWMO consisting of one elected official from each of the Members which are parties to this Agreement. (f) “Capital Improvement” means a physical improvement that has an extended useful life. A capital improvement is not directed toward maintenance of an in-place system during its life expectancy. A study or a research project do not constitute a capital improvement that must be included in the Watershed Management Plan. (g) “Capital Improvement Program” – Anmeans an itemized program for at least a five- year prospective period, and any amendments to it, subject to at least biennial review, setting forth the schedule, timing, and details of specific contemplated capital improvements by year, together with their estimated cost, the need for each improvement, financial sources, and the financial effect that the improvements will have on the local government unit or watershed management organization. “City Council or Town Board” – The governing body of a governmental unit which is a Member to this Agreement. “City Staff” – Persons hired by units of local government whether as an employee or an independent contractor. (h) “Commissioner” – Ameans a person appointed by each Member to the Technical Commission. “Comprehensive Plan” or “comprehensive plan” – The meaning given it in Minnesota Statutes, Section 473.852, Subdivision 5. (i) “Director” – Anmeans the elected official appointed by each Member as aits representative toon the Board of Directors. “Governmental Unit” – Any city, town, township, county, school district, or other political subdivision or an “instrumentality of a governmental unit” as described in Minnesota Statutes, Section 471.59, Subdivision 1. “Local Government Unit” – Cities, counties and towns, not including school districts, as described in Minnesota Statutes, Section 473.852, Subd. 7. (j) “Governing Body” means the city council of a Member city or the town board of the Member town. 2016 JPA with Prior Amendments 5 (k) “Local Water Management Plan” - Ameans a plan adopted by the each of the membersMembers pursuant to Minnesota Statutes, SectionMinn. Stat. § 103B.235 and Minn. R., part 8410.0160. (l) “Member” – Each local governmental unitmeans each of the cities and the town that is a partyare parties to this Agreement. (m) “Special Legislation” means 2008 Minn. Laws Chap. 366, Art. 6, Sec. 47. (n) “Storm Sewer Utility” or “SSU” means the public utility established by VLAWMO pursuant to the Special Legislation. The Board establishes and certifies to the County for collection within the Area a Storm Sewer Utility fee for the management of surface water. (o) “Technical Commission” – Aor “TEC” means the commission established herein that is composed of a technically skilled personpersons, appointed by each Member. (p) “Vadnais Lake Area Watershed” – Theor “Watershed” means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Vadnais Lake or as described in Appendix Aas shown on the official watershed map incorporated herein by reference. (q) “VLAWMO” – The abbreviated name of the organization created by this Agreement, the full name of which ismeans the “Vadnais Lake Area Water Management Organization”.” that is reestablished and continued pursuant to this Agreement. (r) “Watershed Management Plan” - Ameans a plan adopted by VLAWMO pursuant to Minnesota Statutes, SectionMinn. Stat. § 103B.231. SECTION III SECTION IV ORGANIZATION OF VLAWMO; RESPONSIBILITIES OF MEMBERS 3.1 Subdivision 1. Board of Directors. The governing body of the VLAWMO shall be itsthe “Vadnais Lake Area Water Management Organization Board of Directors.” The Board of Directors is comprised of a total of six (6) Directors. The parties hereby reaffirm the establishment and continued operation of the Board of Directors, which shall carry out the purposes and have the powers as provided in this Agreement. Subdivision 2. Appointment of Directors. Each Member shall appoint one representative , who must be an elected official, to the Board, and said representative shall be called a “Director”. to serve as the Member’s Director on the Board. The appointment process shall follow Minnesota Statutes, Sectioncomply with the requirements in Minn. Stat. § 103B.227, Subdivisions 1 and 2. 2016 JPA with Prior Amendments 6 3.2 Subdivision 3. Term of Office. Each Director shall serve at the will and consent of the Member making the appointmentsubds. 1 and for a three-year term of office as follows:2. (a) TheAppointment of Alternate Directors appointed by. Each Member may appoint one representative to serve as the Cities of Lino Lakes and White Bear Lake andMember’s Alternate Director on the TownshipBoard. A Member’s Alternate Director may attend the meetings of White Bearthe Board, but shall be appointed for three-year terms, the beginning date of which was January 1, 2013 and every three years there after. (b) The Directors appointed by the Cities of North Oaks, Gem Lake and Vadnais Heights shall only be counted as part of the quorum and be appointed for a term of three years, the beginning date of which is January 1, 2014 and every three years there after. 3.3 The term of office of each Director shall commence fromallowed to vote on matters before the date of their appointment and will continue until their successors are selected. A Directors appointed to fill a vacancy shall serve outBoard in the remainderabsence of the term of thesame Member’s Director the person succeeded. 3.4 Subdivision 4. Eligibility to Serve. Each Member shall determine the eligibility or qualification standards for its Director appointment. Eligible appointees must beand Alternate Director appointments. Only current elected officials and compliant with Minnesota Statutes, Section 103B.227, which, among other things, provides that local unitson the governing body of government staff may notthe Member are eligible to serve as a Director. or Alternate Director. 3.5 Subdivision 5. RecordTerms of Appointment. Each governmental unitOffice. Directors and Alternate Directors serve three-year terms of office, which shall, within thirty (30) days following commence from the date of their appointment of and will continue until their successors are selected. Each Member shall notify VLAWMO Administrator of its appointments. 3.6 Removal. Directors and Alternate Directors shall serve at the will and consent of the Members that appointed them. If a Member removes a Director or Successor Director, file aAlternate Director, it shall provide VLAWMO written notice within 10 days of the removal. The governing body of the Member shall act within 90 days to appoint an elected official to fill the vacancy and shall promptly provide VLAWMO written notice of such appointment. 3.7 Vacancies. A Member shall notify VLAWMO in writing within 10 days of the occurrence of a vacancy in its Director or Alternate Director positions. VLAWMO will notify BWSR of the vacancy within 30 days of receiving the notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1. The Member shall comply with the Secretary-Treasurer of the Board.requirements of Minn. Stat. § 103B.227, subd. 2 and appoint someone to fill the vacancy. The Member shall promptly notify VLAWMO of the appointment in writing. The appointed person shall serve the unexpired term of the position. 2016 JPA with Prior Amendments 7 Subdivision 6. Appointment of Alternate Director. One Alternate Director shall be appointed by each of the Members to this Agreement. The Alternate may attend the meetings of the Board of Directors, but only the appointed Director, or the Alternate Director in the absence of the Director, shall be allowed to vote on any matters before the Board. 3.8 Subdivision 7. Appointment of Technical Commission Representative.Commissioners. Each Member to this Agreement shall appoint one commissionerCommissioner, and may also appoint one alternateAlternate Commissioner, to serve on the Technical Commission. A Member shall promptly appoint someone to fill a vacancy in its Commissioner or, if applicable, Alternate Commissioner positions. 3.9 Subdivision 8. Compensation. Directors, Alternate Directors, Commissioners, and Alternate Commissioners shall serve without compensation and without an expense allowance from VLAWMO. AA Director or Alternate Director may be reimbursed for out- of-pocket expenses incurred on VLAWMO business with the approval of the Board. A Member may compensate its Director or, Alternate Director, Commissioner, and Alternate Commissioner for his/hertheir service, in the discretion of the Member. SECTION V ORGANIZATION OF THE BOARD OF DIRECTORS 3.10 Subdivision 1. Annual Meeting; Election of Officers. At a meeting of the Board held no later than April of each calendar year, also known as the Annual Meeting, the Board shall elect from among the Directors a Chair, Vice Chair, and a Secretary-Treasurer, and such other officers as it deems necessary to conduct its meetings and affairs (“Officers”).. An Alternate Director may not serve as an officer of VLAWMO. 3.11 Subdivision 2. Duties of Board Officers. 1)(a) Chair. The Chair shall preside over meetings of the Board, sign checks, and inreview audits. In the absence of the Chair, the Vice Chair shall perform this duty.the Chair’s duties. In the absence of the Chair or Vice Chair, the Secretary-Treasurer shall preside.serve as the presiding officer at the Board meeting. The Chair shall retain all rights of a Director to speak, make motions, and vote on matters coming before the Board. 2)(b) Vice Chair. The Vice Chair shall preside at meetings when the Chair is absent and shall automatically be promoted to complete the annual term of the Chair if the then currentelected Chair resigns or is removed from the Board. 3)(c) Secretary-Treasurer. The Secretary-Treasurer shall maintain a record of the proceedings of the Board, be responsible for the custody of the Board’s records of the Board, see that notices are duly given, and complete such other duties as the Board may assign. The Secretary-Treasurer shall also be responsible for all monies of VLAWMO and shall periodically report the fiscal condition of VLAWMO to the 2016 JPA with Prior Amendments 8 Board. The Secretary-Treasurer may delegate one or more of its duties to another officer or the VLAWMO Administrator. If the duties of the Secretary-Treasurer are delegated to a VLAWMO employeeanother person, the Secretary-Treasurer shall supervise the performance of those duties. 3.12 Subdivision 3. Quorum. A majority of the Members presentDirectors shall constitute a quorum at all Board meetings. No business or decision of the Board may be made without a quorum. 3.13 Subdivision 4. Meetings. Regular meetings of the Board shall be held at least bi-monthly on a day and time selectedschedule adopted by the Board. All meetings of the Board are subject to the Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all Members, provided to the and public requesting this information, and follow notice requirements outlined in Minnesota Statutes, Sectionshall be provided as required by Minn. Stat. § 13D.04. Board meeting agendas shall be posted on VLAWMO’s website. Meetings shall be conducted in accordance with the most current version of Robert’s Rules of Order, or such other rules as may be adopted by the Board. Subdivision 5. Voting. Each Director shall have one (1) vote in all matters , as follows: (a) approval of coming before the proposed annual VLAWMO operating budget shall require approval of a simple majorityBoard. Approval of all Directors; (b) approval ofmatters, except capital improvement projects will require approval of two- thirds (2/3) of all Directors; and (c) approval of all others matters, will be determined by a simple majority of Directors present and voting. 3.14 Subdivision 6. at the meeting. Committees. The Board must approve a capital improvement project by a two-thirds vote of the Directors present and voting at a meeting before a contract may be let to construct the project. 3.15 Committees. appointThe Board may establish such committees and subcommittees as it deems appropriate. At least one Board member shall be the appointed as the Chairperson of each committee and all committees shall regularly report their activities to the Board. 3.16 Subdivision 7. Public Participation. The Board may appoint such committees and subcommittees composed of citizens as needed to provide for public participation and input in watershed activities and the responsibilities of VLAWMO. Such citizen committees shall be advisory. SECTION VIIV RESPONSIBILITIESPOWERS AND DUTIES OF THE BOARD OF DIRECTORS 2016 JPA with Prior Amendments 9 4.1 Subdivision 1. Policies and Procedures. The Board shall adopt rules and regulations as it deems necessary to carry out its duties and the purpose of this Agreement. Such rules and regulations may be amended from time to time in either a regular or special meeting of the Board provided that notice of . No such proposed amendment has been given to each Director at least ten (10) days prior to the meeting at which shall be adopted unless the language of the proposed amendment will beis included in the packet for the meeting at which it is considered. These rules and regulations, after adoption, shall be recorded in the VLAWMO policy book. 4.2 Subdivision 2. Watershed Management Plan (Plan). The Board shall adopt a water management plan, as required by the Act. The Plan shall be subject to the appropriate governmental unit review as required by the Act. 4.3 Subdivision 3. Data. The Board, in order to give effect to the purposes of the Act , may: 1)(a) Acquire and record appropriate data within the Area; and 2)(b) Establish and maintain devices for acquiring and recording hydrological or other data within the Vadnais Lake Area Watershed. 4.4 Subdivision 4. Local Studies. Each Member reserves the rightStudies. VLAWMO is authorized to conduct studies as it deems appropriate to carry out its purposes and to further the goals of the Watershed Management Plan. Nothing in this Agreement limits the authority of Members to conduct separate or concurrent studies on any matter under study by VLAWMO. The Member shall make every effort to coordinate its studies with the VLAWMO in order to maximize the use of resources. 4.5 Subdivision 5. Transfer of Drainage System. VLAWMO shall have the authority of a watershed district under Minnesota Statutes, Chapter 103B, Chapter 103E, and other applicable law to accept the transfer of drainage systems in the watershed, to repair, improve, and maintain the transferred drainage systems, and to construct all new drainage systems and improvements of existing drainage systems in the watershed. All such activities and projects shall be carried out in accordance with the powers and procedures set forth in Minnesota Statutes, Chapters 103B and other applicable law,the Act and must be in conformance with the Watershed Management Plan adopted pursuant to Minnesota Statutes, Chapters 103A through103H. . 4.6 Subdivision 6. Storm Sewer Utility Fee. VLAWMO is authorized pursuant to the Special Legislation and this Agreement developed pursuant to Minn. Stat. 103B.211 to establish and impose on nonexempt properties within the Area a storm sewer utility fee pursuant to Minn. Stat. § 444.075 to pay for the management of water within the watershed. The storm sewer utility fee shall be approved by the Board and, as required by the Special Legislation, certified to the County Auditors in Anoka County and Ramsey County by November 30 th each year to be placed on property taxes payable in the following year. 4.7 Capital Improvements. 2016 JPA with Prior Amendments 10 (a) Authority. VLAWMO is authorized to undertake, construct, and maintain capital improvements within the Area and may cooperate with one or more Members in the construction and maintenance of such improvements. (b) New Capital Improvements. A proposed new capital improvement may be initiated by VLAWMO, the TEC, or by one or more Members. If the Board agrees to include the proposed capital improvement in its Capital Improvement. Each Program, it will undertake the process to include it in the Watershed Management Plan, its budget, and to work cooperatively with the affected Member agrees to contribute its proportionateas needed to complete the Capital Improvement. (c) Costs. VLAWMO may use funds budgeted by the Board for the capital improvement, as well as any funds received from grants and any other outside funding sources. If VLAWMO works cooperatively with one or more Members to construct a capital improvement, the parties will enter into a cooperative agreement that identifies the responsibilities and cost share of all approved capital improvement expenditures, which includeseach party toward the project, including associated engineering, planning, legal, and administrative costs, based on the benefit to be received by each Member or other entity from the improvement or management project. The Board shall submit, in writing, a statement to each Member or other entity, setting forth in detail the expenses incurred by VLAWMO for each project.. Capital improvement projects may be initiated either by: (1) recommendation of the VLAWMO Board to the governmental unit(s) affected; or (2) petition to the Board by the affected governmental unit. In either case, and after study and approval by two-thirds (2/3) of the Directors, the Board shall provide the affected governmental units with estimated costs and a description of the benefits to be realized by those affected and the costs to be borne based on benefit. (d) Subdivision 7. County Levy. Nothing in this Agreement limits the authority of VLAWMO to undertake capital improvements and to certify the costs to the County for collection in accordance with Minn. Stat. § 103B.251. 4.8 Water Conveyances. The Board may order any local governmental unitMember to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course of terminus of any ditch, drain, storm sewer, water course, natural or artificial, that affects the Vadnais Lakes Area Watershed in accordance with its adopted plans. 4.9 Subdivision 8. Watershed Operations. The Board may order any local government unitMember to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works in accordance with adopted plans. 4.10 Subdivision 9. Storm and Surface Waters. The Board shall regulate, conserve and control the use of storm and surface water within the Vadnais Lakes Area Watershed pursuant to its Watershed Management Plan. 2016 JPA with Prior Amendments 11 4.11 Subdivision 10. Entrance upon Land. To the extent permitted by Minnesota Statuteslaw, or with the owner’s permission, the Board or its designated representatives may enter upon lands within or outside the Vadnais Lakes Area Watershed to make surveys and investigations to accomplish the purposes of VLAWMO and the Act. 4.12 Subdivision 11. Legal and Technical Assistance. The Board may obtain and provide legal and technical assistance as it determines is needed, including in connection with its on- going operations and projects, as well as in matters ofany litigation or, and on such other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters within matters as the AreaBoard may request. 4.13 Subdivision 12. Permits. VLAWMO shall cooperate with appropriate local, state, and federal agencies in obtaining required permits and shall review permits issued by local units of government to accomplish the purposes identified in Section I of this Agreement. 4.14 Subdivision 13. Office. VLAWMO shall maintain an office within the Area. All notices to VLAWMO shall be mailed or delivered to such office. 4.15 Subdivision 14. Insurance and Liability. VLAWMO may contract for or purchase such insurance as the Board deems necessary for its protection. The Members agree as follows with respect to the liability of VLAWMO and the Members: 1)(a) VLAWMO is a separate and distinct public entity to which the Members have transferred all responsibility and control for action taken pursuant to this Agreement. 2)(b) VLAWMO shall defend and indemnify the Members, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the Board of Directors in carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Minnesota Statutes, sectionMinn. Stat. § 466.04. 3)(c) Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any memberMember for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 4)(d) To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Members that they shall be deemed a “single governmental unit” for purposes of liability, as set forth in Minnesota Statutes, sectionMinn. Stat. § 471.59, subd. 1a, and provided further that for purposes of that statute, each part to this Agreement expressly declines responsibility for the acts and omissions of another Member. The Members are not liable for the acts or omissions of another Member to this 2016 JPA with Prior Amendments 12 Agreement except to the extent they have expressly agreed in writing to be responsible for the acts or omissions of the other Members. 5)(e) Any excess or uninsured liability shall be borne equally by all the Members, but this does not include the liability of any individual officer, employee or volunteer that arises from his or her own malfeasance, willful neglect of duty, or bad faith. 4.16 Subdivision 15. Financial Records. The Board shall maintain the books and accounts of VLAWMO consistent with generally accepted accounting principles and provide the separate accounting of operations and capital improvement projects . 4.17 Subdivision 16. Audit. The Board shall annually cause an independent certified audit of the books and accounts of VLAWMO. 4.18 Subdivision 17. Claims. To the extent required by Minnesota Statutes, VLAWMO shall be responsible for damages caused by it. All Minnesota Statutes governing notices of claims and limits on municipal liability shall be applicable to VLAWMO. To the extent permitted by Minnesota Statutes, VLAWMO shall be treated as a single municipal entity for municipal liability purposes. 4.19 Subdivision 18. Employees. The Board may employ or subcontract towith such persons or entities as it determines are needed to fulfill defined responsibilities of VLAWMO with the approval of a majority of the Board. 4.20 Subdivision 19. Contracts. The Board may make such contracts and enter into such agreements as necessary to fulfill its obligations under this Agreement. Any such contract or agreement shall be in accordance with the Uniform Municipal Contracting Law , Minnesota Statutes, Section 471.345, the Joint Powers Act, Minnesota Statutes, Section 471.59, and other applicable laws. 4.21 Subdivision 20. Annual Report to Members. The Board shall make and file a report to allwith the administrator of theeach Members at least once each year includingthat includes the following information: 1)(a) theThe financial condition of VLAWMO; 2)(b) theThe status of all VLAWMO projects and work; and 3)(c) theThe business transacted by VLAWMO and other matters which affect the interests of VLAWMO. Copies of said report shall be transmitted to the administrator of each Member. 4.22 Subdivision 21. Records. VLAWMO’s books, reports and records shall be available for and open to inspection at reasonable times. 2016 JPA with Prior Amendments 13 4.1 Subdivision 22. Other Powers. The Board may exercise such other powers necessary and incidental to the implementation of the purposes set forth herein as authorized by the Members. Subdivision 23. Amendments to this Agreement. The Board may recommend changes in this Agreement to the Members. This Agreement may be amended only by the Agreement of each of its members. SECTION VII RESPONSIBILITIES AND DUTIES OF TECHNICAL COMMISSION 4.23 Subdivision 1. Planning. Duties and Responsibilities. The Board shall establish a Technical Commission (Commission) that will provide technical expertise for the planning and operation of VLAWMO programs and projects. This Commission through the VLAWMO Administrator and other VLAWMO employees shall administer the day-to-day operations of VLAWMO. The VLAWMO Administrator shall serve as a non-voting member of the Commission. Each Member shall appoint a representative, who will be known as Commissioner, and an alternate to the Commission. Subdivision 2. Eligibility to Serve. Each Member shall determine the eligibility or qualification standards for its Commission appointment, following guidelines promulgated by the Board. Subdivision 3. Technical Commission Officers . The Board shall annually appoint a Chair from among the Commissioners. At the first meeting of the Commission each calendar year, the Commission shall elect from among the Commissioners a Vice Chair and Secretary, and such other officers as it deems necessary to conduct its meetings and affairs. An Alternate Commissioner may not serve as an officer of the Commission. Subdivision 4. Meetings. Regular monthly meetings of the Commission shall be held on a day and time selected by the Commissioners. All meetings of the Commission are subject to the Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all commissioners, and provided to the public requesting this information, and follow notice requirements outlined in Minnesota Statutes, Section 13D.04. Meetings shall be conducted in accordance with the latest version of Roberts Rules of Order. Each Commissioner shall have one vote. A majority of the Commissioners present shall constitute a quorum at all Commission meetings. In the absence of a quorum, a scheduled meeting shall be opened, re-scheduled and adjourned. (a) Subdivision 5. Watershed Management Plan (Plan). The Commission VLAWMO shall prepare and/or update a waterwatershed management plan, as required by the Act. The Plan, either a new one or an updated one, shall be recommended to the Board of Directors for approval. The Plan shall be compliant with Minnesota 2016 JPA with Prior Amendments 14 Statutes, Ch.Minn. Stat., chap. 103B as it may be amended and applicable Minnesota Rules. The Plan shall be subject to the appropriate governmental unit review as required by the Act. (b) Subdivision 6. Local Water Management Plan. After the adoption ofAs provided in Minn. Stat. § 103B.235, once VLAWMO adopts a new or revised watershed management plan, each Member and any other local government unit within the Area shall review its local water management plan for changes needed for it to be consistent with the new or revised Watershed Management Plan. Each local water management plan shall include shall be consistent with the Plan and state law. After consideration, but before adoption of a new or revised local water management plan by the governmental unit, each Member or any other governmental units in the Area shall submit its water management plan to the Board. The Board shall within sixty (60) days approve or disapprove the plan or parts thereof. If the Board fails to complete its review within the prescribed period, and unless an extension is agreed to by the Member or other local governmental unit, the local plan shall be deemed approved consistent with applicable state laws. 4.24 Other Powers. The Board may exercise such other powers necessary and incidental to the implementation of the purposes set forth herein as authorized by the Members . 4.25 Special Tax District. Nothing in this Agreement limits the authority of a Member to establish a special tax district pursuant to its authority under Minn. Stat. 103B.245 or such other law as may apply. 4.26 Amendments to this Agreement. The Board may recommend changes in this Agreement to the Members. This Agreement may be amended only by the agreement of all of its Members. SECTION V RESPONSIBILITIES AND DUTIES OF TECHNICAL COMMISSION Subdivision 7. Appeals of Decisions and Recommendations of the Commission . Members shall comply with Commission’s determinations as to the force and effect of the Watershed Management Plan, the Local Water Management Plans and any cost allocations for improvements initiated pursuant to these plans. Any governmental unit which disputes a determination of the Commission as to force and effect of the Watershed Management Plan, any Local Water Management Plan, or the cost allocations for improvements, initiated pursuant to these plans, may appeal the recommendation or decision to the Board within thirty (30) days of receipt of such written notice of such determination. Should the appeal not be completed to the satisfaction of all parties, a party may submit the dispute to arbitration. Arbitration shall be conducted in the following manner: 2016 JPA with Prior Amendments 15 1) A governmental unit shall have thirty (30) days from receipt of the written decision on the appeal by the Board to submit a dispute to arbitration by giving written notice to an officer of the Board; 2) The Board of Arbitration shall consist of three Members, one appointed by the governmental unit initiating the arbitration, one appointed by the Board and one appointed by the Chief Administrative Law Judge of the State of Minnesota, if willing to do so and if not, by the Chief Judge of the Ramsey County District Court. The third member so appointed shall preside at the arbitration hearing; 3) The arbitration cost of the neutral arbitrator shall be divided equally between VLAWMO and the government unit initiating the arbitration; and 4) Arbitration shall be conducted in accordance with the Uniform Arbitration Act (Minnesota Statutes, Chapter 572), except as modified above. Subdivision 8. Other Duties. The Commission shall exercise such other duties necessary and incidental to the implementation of the purposes set forth herein as authorized by the Board . SECTION VIII 5.1 Establishment. The Board has established, and shall maintain, a Technical Commission (“TEC”) that provides technical expertise for the planning and operation of VLAWMO programs and projects. Each Member shall appoint one Commissioner, and may appoint one Alternate Commissioner, to serve on the TEC. Each Member shall determine the eligibility or qualification standards for its TEC appointments, following guidelines promulgated by the Board. The VLAWMO Administrator shall serve as a non-voting member of the TEC. 5.2 Duties and Responsibilities. The TEC, through the VLAWMO Administrator and other VLAWMO employees, shall administer the day-to-day operations of VLAWMO and shall review VLAWMO expenditures. The TEC has the authority to review and approve VLAWMO’s monthly expenditures and may approve capital improvements in accordance with a policy adopted by the Board. The Board may assign additional duties and responsibilities to the TEC as it may determine are appropriate. 5.3 Technical Commission Officers. At the first meeting of the TEC each calendar year the Commissioners shall appoint from among its members a Chair, Vice-Chair, Financial Officer, and Liaison to the Board. The TEC shall assign duties to the officers as it deems appropriate. An Alternate Commissioner may not serve as an officer of the TEC. 5.4 Meetings. Regular monthly meetings of the TEC shall be held on a day and time selected by the Commissioners. All meetings of the TEC are subject to the Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all Commissioners, and provided to the public requesting this information, and follow notice requirements outlined in Minn. Stat. § 13D.04. Meetings shall be conducted in accordance with the rules adopted by the TEC or, if a specific set of rules has not been adopted, then 2016 JPA with Prior Amendments 16 the latest version of Roberts Rules of Order. Each Commissioner shall have one vote. A majority of the Commissioners present shall constitute a quorum at all TEC meetings. In the absence of a quorum, a scheduled meeting shall be opened, re-scheduled, and adjourned. SECTION VI FINANCING VLAWMO 6.1 Subdivision 1. Annual Operating Budget. On or before September 1st of each year,The annual VLAWMO budget, which includes both operational costs and capital improvement costs, shall be developed and approved as provided in this section. (a) Staff Prepares Draft. VLAWMO staff shall work with the Board shall appropriate Member staff to prepare a preliminary draft long range budget, which shall include the proposed annual operating budget for the upcoming year and the proposed SSU rates. (b) Budget Subcommittee Recommendation. VLAWMO staff shall present the preliminary draft budget to the budget subcommittee. The budget subcommittee is responsible for reviewing and making a recommendation to the Board regarding the proposed budget and the SSU rates. (c) Budget Approval. The Board shall consider the annual budget as recommended by the budget subcommittee and act on it. A majority vote of Directors present and voting is required to approve the annual budget. The Board may modify the annual budget proposed by the budget subcommittee. This review and approval of the annual budget typically occurs at the June Board meeting, but can occur at a different meeting as the Board may determine is appropriate. (d) SSU Rate Approval. The Board shall consider and act to approve the SSU rates. This review and approval typically occurs at the August Board meeting, but can occur at a different meeting as the Board may determine is appropriate. (e) SSU Charge Certification. The Board shall act by November 1 st each year to certify the SSU charges to the County Auditors for collection on the upcoming year’s property taxes. (f) Budget Adjustments. Before December 31st each year, the Board shall consider and make such adjustments to the annual budget as may be needed to allocate funds being carried over into the following calendar year. The budget shall provide funds to operate VLAWMO for the next calendar year. The proposed operating budget and the sources for these funds shall be recommended year. (g) Work Plan. Included with the annual activity report required by Minn. R., part 8410.0150 shall be a work plan specifying the activities planned to be undertaken and a summary of the budget for approval to the Members. current year. 2016 JPA with Prior Amendments 17 6.2 Funding. The annual operating budget may beis funded by one or more of the following: (a) An authorized special tax levy authorized by the StateThe primary source of Minnesotafunding for the annual budget is the SSU charges imposed on properties within the Watershed each year pursuant to the Special Legislation. (b) Member contributions toward specific capital improvement projects. (c) VLAWMO may also receive grants to help fund specific capital improvements . (d) If the funds collected from the SSU charges and grants are not sufficient to fully fund an amount approved by the budget, the Board may exercise any other authority available to it under law to fund the budget including, but not limited, Member assessments. 6.3 Member Assessments. 1)(a) Authorized. A Member assessment may be imposed to cover an anticipated shortfall in VLAWMO’s annual budget. A Member assessment amount shall be calculated using the formula set out in this section. At least 10 days prior to the meeting at which the Board considers acting on a proposed Member assessment, VLAWMO shall provide each Member written notice of the proposed Member assessment that identifies the amount to be paid by each Member. Members; shall be given an opportunity to be heard at the meeting before the Board acts on the Member assessment. A Member assessment must be approved by at least a majority of the full Board by no later than July 1st for collection in the following year. If approved, VLAWMO shall notify each Member in writing of the approved Member assessment amount. (b) VLAWMO operates Storm Water Utility authorized byFormula. To the State of Minnesota and approved by the Members; (c) Annual payment from each governmental unit party to this agreement and other entities based on an annual extent a Member assessment as determined in Subdivision 2 in this Section; and (d) Service fees, grants, interest or other funding sources as available. Each Member shall pay its annual assessment in the following manner: 1) The entire amount shall be due by January 31st of the year due; or 2) One-half (1/2) of each Members entire amount shall be due by January 31 of the year due and the second one-half (1/2) of the entire amount shall be due by August 31 of the year due. 2016 JPA with Prior Amendments 18 Failure to pay the required amounts by the due dates will cause a one percent (1%) per month service fee to be added to the unpaid amount due. Subdivision 2. Budget Meeting and Approval. The proposed annual Operating and Capital Improvement budget for the next calendar year shall be prepared by September 1 each calendar year. Subdivision 3. Annual Assessment for Services. (b) The annual contribution of each Member or other entityis established, it shall be calculated based upon the following formula: 1)(1) Forty percent (40%) based upon the assessed valuation of all real property of each government unit within the Area; 2)(2) Forty percent (40%) based upon the total area of the property within each governmental unit with the Area; and 3)(3) Twenty percent (20%) based upon the population of each governmental unit within the Area. (c) Subdivision 4. Payment. Each Member shall pay its Member assessment amount: (1) no later than January 31st in the year in which it is due; or pay one-half (1/2) of the assessment by January 31st of the year due and pay the second one-half (1/2) of the assessment by August 31st of the year due. If a Member fails to pay its assessment by the applicable due dates, it will be required to pay a one percent (1%) per month service on the unpaid amount due. 6.4 Capital Improvement Projects Program and Funding. On or before July 1 of each (a) Preparation. Each year the Board shall prepare a capital improvements programCapital Improvement Program and budget for projectsCapital Improvements anticipated to be started or completed in the following year as described in the WaterWatershed Management Plan. Each proposed projectCapital Improvement shall be describedspecifically identified and its estimated cost and time for completion shall be provided. Only projects describedCapital Improvements included in the Watershed Management Plan, or its amendments, may be included in the capital improvement budget. Funding in the capital improvement budget shall be calculated as follows: (a) If money raised by the Special tax levies to be used for Capital Projects, the Members shall be provided the opportunity to review and approve the amount of the tax levy that will be used for Capital Projects within sixty (60) days of receipt of the Board’s Capital Improvement Budget; 2016 JPA with Prior Amendments 19 (b) If a capital project is to. Capital Improvements may be funded wholly or in part by a combination of funds budgeted by VLAWMO as part of its annual budget, grants received by VLAWMO, and expenditures made directly by one or more governmental unit(s), they will be provided the opportunity to review and approve or disapproveMembers. For jointly funded projects, VLAWMO shall agree in writing with the capital improvement budget within sixty (60) days of receipt of Members making direct contributions toward the Board's Capital Improvement Budget; and 3)(a)If service fees, grants, interest or other funding sources are available the source and amounts of such funds shall be shownfunding and. (b) If the capital improvement budget is approved, as provided above, each governmental unit shall contribute its budgeted share of the cost ofresponsibilities toward constructing said capital improvement projectsand maintaining the Capital Improvement. 6.5 Subdivision 5. Governmental Unit Financing. Members may establish a watershed management tax district in the Area for the purpose of paying costs of the engineering and planning required to develop a watershed management plan for the Area. After the plan is adopted and approved, a tax district may be established for the purpose of paying capital costs of projects described in the plan (including normal and routine maintenance of projects). If required, the tax district shall be established by ordinance adopted after a hearing by a local government unit, following provisions of Minnesota Statutes, ChapterMinn. Stat., chap. 103B. 6.6 Subdivision 6. Reserve Funds. The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Board not currently needed for its operations in the manner and subject to the laws of Minnesota applicable to statutory cities. Any and all reserve funds must be clearly indicated on the annual financial audit provided to the Members. 6.7 Subdivision 7. Gifts; Grants; Loans. VLAWMO may, within the scope of this Agreement, accept gifts, apply for and use grants or loans of money or other personal property from the United States, the State of Minnesota, a unit of government , or other governmental unit or organization or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith, shall comply with any laws or regulations applicable thereto, and may hold, use , and dispose of such money or personal property in accordance with the terms of the gift, grant, loan, or agreement related thereto. 6.8 Subdivision 8. Disbursements. All VLAWMO disbursements on budget items shall be reviewed and approved by the Technical Committee. A report of all disbursements shall be sent to the Board’s Secretary-Treasurer of the Board and the finance officer of the Technical CommissionTEC’s Finance Officer for review. and a copy provided to the Board. Checks issued by VLAWMO shall have two signatures. Officers andbe signed by the VLAWMO Administrator may be authorized to sign checks. An Officersand the Board 2016 JPA with Prior Amendments 20 Chair. The Secretary-Treasurer shall maintain a bond shall be maintained by VLAWMO in the amount of at least $10,000. VLAWMO will be responsible for paying the premium on said bond. 6.9 Subdivision 9. Revenue Bonds to Secure MPCA Loan. VLAWMO is given express authority to issue revenue bonds in a principal amount not to exceed $800,000 (the “Bonds”) to secure the Loan to finance the Project. The term “Bonds” shall also include bonds issued to refund and refinance the Bonds. As provided in Minn. Stat. § 471.59, subd. 11, the Bonds shall be revenue obligations of VLAWMO which are issued on behalf of the Members, and shall be issued subject to the conditions and limitations set forth in Minn. Stat. § 471.59, subd. 11. The Bonds shall be payable solely from VLAWMO’s revenues including its storm water utility fees. VLAWMO may not pledge to the payment of the Bonds the full faith and credit or taxing power of the Members. No bonds, obligations or other forms of indebtedness other than the Bonds may be issued by VLAWMO without the prior consent of the Members. SECTION IXVII DURATION OF THIS JOINT POWERS AGREEMENT 7.1 Subdivision 1. Duration of Agreement. Each Member agrees to be bound by the terms of this Agreement until December 31, 20262036, and that it may be continued thereafter at the option of the Members. This Agreement shall be in full force and effect upon the filing of certified copy of the resolution approving said Agreement by each governmental unitMember. 7.2 Subdivision 2. Termination of Agreement. This agreementAgreement may be terminated prior to January 1, 2025December 31, 2046, by the unanimous consent of the partiesMembers. If the agreementAgreement is to be terminated, a notice of the intent to dissolve the VLAWMO shall be sent to the Board of Water and Soil Resources and to Ramsey and Anoka Counties at least 90 days prior to the date of dissolution. 7.3 Subdivision 3. Dissolution. In addition to the manner provided in Subdivision 2 for termination as provided above, any memberMember may petition the Board of Directors to dissolve the agreement.this Agreement. Upon ninety (90) days’ notice in writing to the clerk of each member governmental unit and toMember, the Board of Water and Soil Resources, and to Anoka and Ramsey County, the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Board members, the Board may by Resolutionresolution recommend that the VLAWMO be dissolved. Said Resolutionresolution shall be submitted to each member governmental unitMember and if ratified by three-fourths of the councilsgoverning bodies of all eligible membersMembers within sixty (60) days, said Board shall dissolve the VLAWMO allowing a reasonable time to complete work in progress, pay any outstanding obligations, and to dispose of personal property owned by the VLAWMO. 7.4 Subdivision 4. Assets. Upon a set of findings and order for dissolution of VLAWMO by the State Board of Water and Soil Resources, all personal property of VLAWMO shall be 2016 JPA with Prior Amendments 21 transferred, either jointly or severally, to the governmental units of VLAWMO. SuchMembers after all VLAWMO’s obligations are paid. The Board may determine to allocate and transfer of VLAWMO assets may be madeto members in proportionaccordance with the total contribution of eachformula set out herein for determining Member as required by the last annual operating budget.assessments. SECTION VIII The transfer of real estate property of VLAWMO pursuant to this section shall not affect the benefits or damages for any improvement previously constructed by VLAWMO before dissolution. The real estate property affected shall remain liable for its proper share of any outstanding indebtedness of VLAWMO applying to the property before the dissolution, and levies assessment for the indebtedness continue in force until the debt is paid off. SECTION XI EFFECTIVE DATE Subdivision 1. MISCELLANEOUS PROVISIONS 8.1 Adoption of Agreement. This agreementAgreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreementAgreement by all six members. Said resolutionresolutions shall be filed with the Chair of the existing VLAWMO who. VLAWMO shall provide each a Member a fully executed copy of this Agreement. 8.2 Dispute Resolution. The Members agree that any dispute related to this Agreement that cannot be resolved by discussions among the Board and a Member shall be submitted to mediation. The mediation shall notify all members in writing of its effective date and shall set the date for the next meeting to be conducted in accordance with a process agreed to by the parties involved in the dispute. If the parties are not able to mutually agree on a mediator, each party shall provide a list of two mediators to VLAWMO. The Chair shall select the mediator from the combined list. If, however, the Chair is from a Member that is a party to the dispute, then the Vice-Chair shall select the mediator from the combined list. Each party to the mediation shall be responsible for its own costs in mediation and shall share equally in the costs of the mediator and all other costs of mediation. If the dispute is not resolved in mediation, the parties may agree to submit the dispute to binding arbitration or any party may pursue any options available to it under this amended Joint Powers Agreement. law to seek a resolution of the dispute. 8.3 Data Practices. VLAWMO shall comply with the requirements of Minn. Stat., chap. 13, the Minnesota Government Data Practices Act (“MGDPA”). Any entity with which VLAWMO contracts is required to comply with the MGDPA as provided in Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a data request and to work with VLAWMO to respond to it. 8.4 Amendments. The Board may recommend changes and amendments to this Agreement to 2016 JPA with Prior Amendments 22 the governing bodies of the Members. Amendments will only take effect if adopted by all governing bodies of the Members. Adopted amendments shall be evidenced by appropriate resolutions or certified copies of meeting minutes of the governing bodies of each party filed with the Board and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. 8.5 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 8.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 8.7 Entire Agreement. This Agreement, including the recitals and the official boundary map (which are incorporated in and made part of this Agreement), contains the entire understanding of the Members concerning the subject matter hereof. This Agreement supersedes and replaces the prior joint powers agreement among the Members regarding VLAWMO and such prior agreement is hereby terminated. Any outstanding obligations of the Members under the prior agreement are not affected by the termination and shall be continued under this Agreement. 8.8 Examination of Books. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the Board are subject to examination by the State. 8.9 Governing Law. The respective rights, obligations, and remedies of the Members under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 8.10 Counterparts. This Agreement shall be executed in several counterparts and all so executed shall constitute one Agreement, binding on all of the Members hereto. Each party to the agreement shall receive a fully executed copy of the entire document following adoption by all Members. 8.11 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the notice requirement may be satisfied by VLAWMO emailing the notice to its primary contact for the Member. 8.12 Statutory References. All references to statutes in this Agreement include any amendments made thereto and any successor provisions. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreementAgreement to be executed in accordance with the 2016 JPA with Prior Amendments 23 authority of Minnesota Statutes, SectionsMinn. Stat. §§ 103B. 211 and 471.59. 2016 JPA with Prior Amendments 24 CITY OF GEM LAKE By _________________________ Mayor Dated ___/___/___ Attest _________________________ City Clerk Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 2016 JPA with Prior Amendments 25 CITY OF LINO LAKES By _________________________ Mayor Dated ___/___/___ Attest _________________________ City Clerk Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 2016 JPA with Prior Amendments 26 CITY OF NORTH OAKS By _________________________ Mayor Dated ___/___/___ Attest _________________________ City Clerk Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 2016 JPA with Prior Amendments 27 CITY OF VADNAIS HEIGHTS By _________________________ Mayor Dated ___/___/___ Attest _________________________ City Clerk Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 2016 JPA with Prior Amendments 28 CITY OF WHITE BEAR LAKE By _________________________ Mayor Dated ___/___/___ Attest _________________________ City Clerk Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 2016 JPA with Prior Amendments 29 WHITE BEAR TOWNSHIP By _________________________ Chair Dated ___/___/___ Attest _________________________ City Clerk (VLAWMOJPA2007) Adopted on the ____ of _______________ 2025. BY THE TOWN BOARD _________________________________ Chairperson Attest: _________________________ Clerk 1 VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into by and between the participating units of local government of the Cities of Gem Lake, Lino Lakes, North Oaks, Vadnais Heights, and White Bear Lake and the Township of White Bear (individually a “Member” and collectively the “Members”). RECITALS A. The Vadnais Lake Area Water Management Organization (“VLAWMO”) was organized in 1983 and is located in the northeast metro area within Ramsey and Anoka counties. B. VLAWMO is responsible for an approximately 24.2 square mile watershed that encompasses the City of North Oaks, along with portions of the Cities of White Bear Lake, Gem Lake, Vadnais Heights, Lino Lakes, and White Bear Township and includes 17 lakes, 1 creek, and over 1000 wetlands as shown on the map maintained by VLAWMO. C. Local government units in the metropolitan area are required by the Metropolitan Water Management Program (Minn. Stat. §§ 103B.201 to 103B.255) (“Act”) to plan for and manage surface water. D. Under the Act, one of the options available to local government units to satisfy its requirements is to adopt a joint powers agreement pursuant to Minn. Stat. § 471.59 to establish a watershed management organization to jointly plan for and manage surface water within a watershed. E. The Members elected to exercise their authority under the Act to adopt a joint powers agreement establishing VLAWMO to cooperatively manage and plan for the management of surface water within the watershed. F. The original joint powers agreement has been updated over time and the term of the current joint powers agreement expires on December 31, 2026. G. VLAWMO is funded in large part by storm sewer utility fees certified to the respective County Auditors and imposed by the Counties on properties within the watershed as authorized by special legislation adopted by the Minnesota Legislature in 2008 (2008 Minn. Laws Chap. 366, Art. 6, Sec. 47). H. The Members previously acted pursuant to their authority to establish the “Vadnais Lake Area Water Management Organization Board of Directors” (“Board”) and said Board is hereby reaffirmed as the entity charged with the authority and responsibility to manage VLAWMO. I. VLAWMO has also established a Technical Commission that performs a variety of functions to assist with VLAWMO’s operations and assist with developing VLAWMO’s annual budget. 2 J. The Board has previously acted to adopt a Watershed Management Plan for the watershed and has regularly updated the Watershed Management Plan in accordance with Minn. Stat. § 103B.231, Minn. R., chap. 8410, and such other law as may apply. K. The Members desire to enter into this Agreement to reaffirm VLAWMO and the Board in furtherance of its efforts to continue working cooperatively to prepare and administer a watershed management plan to manage surface water within the watershed in accordance with the Act and Minn. R., chap. 8410. AGREEMENT In consideration of the mutual promises and agreements contained herein, the Members mutually agree as follows: SECTION I ESTABLISHMENT AND GENERAL PURPOSE 1.1 Reaffirming the Establishment. The Members hereby reaffirm and ratify the establishment and continued operation of the “Vadnais Lake Area Water Management Organization” pursuant to the Act and such other laws and rules as may apply. 1.2 General Purpose. The general purpose of this Agreement is to continue VLAWMO and its work on behalf of the Members to cooperatively adopt, administer, and update as needed the Watershed Management Plan, and to carry out the purposes identified in Minn. Stat. § 103B.201 and the other provisions of the Act. The plan and programs shall operate within the boundaries of VLAWMO as identified in the official map filed with the Minnesota Board of Soil and Water Resources. The most current version of the official map defining the boundaries of the Watershed is incorporated herein by reference. The boundaries of the Watershed are subject to change utilizing the procedure set out in Minn. Stat. § 103B.225 as may be needed to better reflect the hydrological boundaries of the Area. SECTION II DEFINITIONS 2.1 Definitions. The definitions contained in Minn. Stat. § 103B.205 and Minn. R., part 8410.0020 are hereby adopted by reference, except that the following terms shall have the meanings given them in this section. (a) “Agreement” means this Agreement developed pursuant to Minn. Stat. §§ 103B.211 & 471.59 and which reestablishes and continues the Vadnais Lake Area Water Management Organization. (b) “Alternate Commissioner” means the person appointed by a Member to serve as its alternate to represent the Member on the Technical Commission in the absence or disability of its appointed Commissioner. 3 (c) “Alternate Director” means the person appointed by a Member to serve as its alternate to represent the Member on the Board in the absence or disability of its appointed Director. (d) “Area” means the boundaries of the Vadnais Lake Area Watershed as set forth on the official map incorporated herein by reference. (e) “Board of Directors” or “Board” means the governing board of VLAWMO consisting of one elected official from each of the Members which are parties to this Agreement. (f) “Capital Improvement” means a physical improvement that has an extended useful life. A capital improvement is not directed toward maintenance of an in-place system during its life expectancy. A study or a research project do not constitute a capital improvement that must be included in the Watershed Management Plan. (g) “Capital Improvement Program” means an itemized program for at least a five-year prospective period, and any amendments to it, subject to at least biennial review, setting forth the schedule, timing, and details of specific contemplated capital improvements by year, together with their estimated cost, the need for each improvement, financial sources, and the financial effect that the improvements will have on the local government unit or watershed management organization. (h) “Commissioner” means a person appointed by each Member to the Technical Commission. (i) “Director” means the elected official appointed by each Member as its representative on the Board of Directors. (j) “Governing Body” means the city council of a Member city or the town board of the Member town. (k) “Local Water Management Plan” means a plan adopted by the each of the Members pursuant to Minn. Stat. § 103B.235 and Minn. R., part 8410.0160. (l) “Member” means each of the cities and the town that are parties to this Agreement. (m) “Special Legislation” means 2008 Minn. Laws Chap. 366, Art. 6, Sec. 47. (n) “Storm Sewer Utility” or “SSU” means the public utility established by VLAWMO pursuant to the Special Legislation. The Board establishes and certifies to the County for collection within the Area a Storm Sewer Utility fee for the management of surface water. 4 (o) “Technical Commission” or “TEC” means the commission established herein that is composed of technically skilled persons, appointed by each Member. (p) “Vadnais Lake Area Watershed” or “Watershed” means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Vadnais Lake as shown on the official watershed map incorporated herein by reference. (q) “VLAWMO” means the “Vadnais Lake Area Water Management Organization” that is reestablished and continued pursuant to this Agreement. (r) “Watershed Management Plan” means a plan adopted by VLAWMO pursuant to Minn. Stat. § 103B.231. SECTION III ORGANIZATION OF VLAWMO 3.1 Board of Directors. The governing body of VLAWMO shall be the “Vadnais Lake Area Water Management Organization Board of Directors.” The Board of Directors is comprised of a total of six (6) Directors. The parties hereby reaffirm the establishment and continued operation of the Board of Directors, which shall carry out the purposes and have the powers as provided in this Agreement. 3.2 Appointment of Directors. Each Member shall appoint one representative to serve as the Member’s Director on the Board. The appointment process shall comply with the requirements in Minn. Stat. § 103B.227, subds. 1 and 2. 3.3 Appointment of Alternate Directors. Each Member may appoint one representative to serve as the Member’s Alternate Director on the Board. A Member’s Alternate Director may attend the meetings of the Board, but shall only be counted as part of the quorum and be allowed to vote on matters before the Board in the absence of the same Member’s Director. 3.4 Eligibility to Serve. Each Member shall determine the eligibility or qualification standards for its Director and Alternate Director appointments. Only current elected officials on the governing body of the Member are eligible to serve as a Director or Alternate Director. 3.5 Terms of Office. Directors and Alternate Directors serve three-year terms of office, which shall commence from the date of their appointment and will continue until their successors are selected. Each Member shall notify VLAWMO Administrator of its appointments. 3.6 Removal. Directors and Alternate Directors shall serve at the will and consent of the Members that appointed them. If a Member removes a Director or Alternate Director, it shall provide VLAWMO written notice within 10 days of the removal. The governing body of the Member shall act within 90 days to appoint an elected official to fill the vacancy and shall promptly provide VLAWMO written notice of such appointment. 5 3.7 Vacancies. A Member shall notify VLAWMO in writing within 10 days of the occurrence of a vacancy in its Director or Alternate Director positions. VLAWMO will notify BWSR of the vacancy within 30 days of receiving the notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1. The Member shall comply with the requirements of Minn. Stat. § 103B.227, subd. 2 and appoint someone to fill the vacancy. The Member shall promptly notify VLAWMO of the appointment in writing. The appointed person shall serve the unexpired term of the position. 3.8 Appointment of Technical Commission Commissioners. Each Member to this Agreement shall appoint one Commissioner, and may also appoint one Alternate Commissioner, to serve on the Technical Commission. A Member shall promptly appoint someone to fill a vacancy in its Commissioner or, if applicable, Alternate Commissioner positions. 3.9 Compensation. Directors, Alternate Directors, Commissioners, and Alternate Commissioners shall serve without compensation and without an expense allowance from VLAWMO. A Director or Alternate Director may be reimbursed for out-of-pocket expenses incurred on VLAWMO business with the approval of the Board. A Member may compensate its Director, Alternate Director, Commissioner, and Alternate Commissioner for their service, in the discretion of the Member. 3.10 Annual Meeting; Election of Officers. At a meeting of the Board held no later than April of each calendar year, also known as the Annual Meeting, the Board shall elect from among the Directors a Chair, Vice Chair, a Secretary-Treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. An Alternate Director may not serve as an officer of VLAWMO. 3.11 Duties of Board Officers. (a) Chair. The Chair shall preside over meetings of the Board, sign checks, and review audits. In the absence of the Chair, the Vice Chair shall perform the Chair’s duties. In the absence of the Chair or Vice Chair, the Secretary-Treasurer shall serve as the presiding officer at the Board meeting. The Chair shall retain all rights of a Director to speak, make motions, and vote on matters coming before the Board. (b) Vice Chair. The Vice Chair shall preside at meetings when the Chair is absent and shall automatically be promoted to complete the annual term of the Chair if the elected Chair resigns or is removed from the Board. (c) Secretary-Treasurer. The Secretary-Treasurer shall maintain a record of the proceedings of the Board, be responsible for the custody of the Board’s records, see that notices are duly given, and complete such other duties as the Board may assign. The Secretary-Treasurer shall also be responsible for all monies of VLAWMO and shall periodically report the fiscal condition of VLAWMO to the Board. The Secretary-Treasurer may delegate one or more of its duties to another officer or the VLAWMO Administrator. If the duties of the Secretary-Treasurer are delegated to 6 another person, the Secretary-Treasurer shall supervise the performance of those duties. 3.12 Quorum. A majority of the Directors shall constitute a quorum at all Board meetings. No business or decision of the Board may be made without a quorum. 3.13 Meetings. Regular meetings of the Board shall be held on a schedule adopted by the Board. All meetings of the Board are subject to the Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all Members and public notice shall be provided as required by Minn. Stat. § 13D.04. Board meeting agendas shall be posted on VLAWMO’s website. Meetings shall be conducted in accordance with the most current version of Robert’s Rules of Order, or such other rules as may be adopted by the Board. 3.14 Voting. Each Director shall have one (1) vote in all matters coming before the Board. Approval of all matters, except capital improvement projects, will be determined by a simple majority of Directors present and voting at the meeting. The Board must approve a capital improvement project by a two-thirds vote of the Directors present and voting at a meeting before a contract may be let to construct the project. 3.15 Committees. The Board may establish such committees and subcommittees as it deems appropriate. At least one Board member shall be appointed as the Chairperson of each committee and all committees shall regularly report their activities to the Board. 3.16 Public Participation. The Board may appoint such committees and subcommittees composed of citizens as needed to provide for public participation and input in watershed activities and the responsibilities of VLAWMO. Such citizen committees shall be advisory. SECTION IV POWERS AND DUTIES OF THE BOARD OF DIRECTORS 4.1 Policies and Procedures. The Board shall adopt rules and regulations as it deems necessary to carry out its duties and the purpose of this Agreement. Such rules and regulations may be amended from time to time in either a regular or special meeting of the Board. No such amendment shall be adopted unless the language of the proposed amendment is included in the packet for the meeting at which it is considered. These rules and regulations, after adoption, shall be recorded in the VLAWMO policy book. 4.2 Watershed Management Plan (Plan). The Board shall adopt a water management plan, as required by the Act. The Plan shall be subject to the appropriate governmental unit review as required by the Act. 4.3 Data. The Board, in order to give effect to the purposes of the Act, may: (a) Acquire and record appropriate data within the Area; and 7 (b) Establish and maintain devices for acquiring and recording hydrological or other data within the Vadnais Lake Area Watershed. 4.4 Studies. VLAWMO is authorized to conduct studies as it deems appropriate to carry out its purposes and to further the goals of the Watershed Management Plan. Nothing in this Agreement limits the authority of Members to conduct separate or concurrent studies on any matter under study by VLAWMO. The Member shall make every effort to coordinate its studies with VLAWMO in order to maximize the use of resources. 4.5 Transfer of Drainage System. VLAWMO shall have the authority to accept the transfer of drainage systems in the watershed, to repair, improve, and maintain the transferred drainage systems, and to construct all new drainage systems and improvements of existing drainage systems in the watershed. All such activities and projects shall be carried out in accordance with the powers and procedures set forth in the Act and must be in conformance with the Watershed Management Plan. 4.6 Storm Sewer Utility Fee. VLAWMO is authorized pursuant to the Special Legislation and this Agreement developed pursuant to Minn. Stat. 103B.211 to establish and impose on nonexempt properties within the Area a storm sewer utility fee pursuant to Minn. Stat. § 444.075 to pay for the management of water within the watershed. The storm sewer utility fee shall be approved by the Board and, as required by the Special Legislation, certified to the County Auditors in Anoka County and Ramsey County by November 30th each year to be placed on property taxes payable in the following year. 4.7 Capital Improvements. (a) Authority. VLAWMO is authorized to undertake, construct, and maintain capital improvements within the Area and may cooperate with one or more Members in the construction and maintenance of such improvements. (b) New Capital Improvements. A proposed new capital improvement may be initiated by VLAWMO, the TEC, or by one or more Members. If the Board agrees to include the proposed capital improvement in its Capital Improvement Program, it will undertake the process to include it in the Watershed Management Plan, its budget, and to work cooperatively with the affected Member as needed to complete the Capital Improvement. (c) Costs. VLAWMO may use funds budgeted by the Board for the capital improvement, as well as any funds received from grants and any other outside funding sources. If VLAWMO works cooperatively with one or more Members to construct a capital improvement, the parties will enter into a cooperative agreement that identifies the responsibilities and cost share of each party toward the project, including associated engineering, planning, legal, and administrative costs. 8 (d) County Levy. Nothing in this Agreement limits the authority of VLAWMO to undertake capital improvements and to certify the costs to the County for collection in accordance with Minn. Stat. § 103B.251. 4.8 Water Conveyances. The Board may order any Member to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course of terminus of any ditch, drain, storm sewer, water course, natural or artificial, that affects the Watershed in accordance with its adopted plans. 4.9 Watershed Operations. The Board may order any Member to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works in accordance with adopted plans. 4.10 Storm and Surface Waters. The Board shall regulate, conserve and control the use of storm and surface water within the Vadnais Lakes Area Watershed pursuant to its Watershed Management Plan. 4.11 Entrance upon Land. To the extent permitted by law, or with the owner’s permission, the Board or its designated representatives may enter upon lands within or outside the Watershed to make surveys and investigations to accomplish the purposes of VLAWMO and the Act. 4.12 Legal and Technical Assistance. The Board may obtain and provide legal and technical assistance as it determines is needed, including in connection with its on-going operations and projects, any litigation, and on such other matters as the Board may request. 4.13 Permits. VLAWMO shall cooperate with appropriate local, state, and federal agencies in obtaining required permits and shall review permits issued by local units of government to accomplish the purposes identified in Section I of this Agreement. 4.14 Office. VLAWMO shall maintain an office within the Area. All notices to VLAWMO shall be mailed or delivered to such office. 4.15 Insurance and Liability. VLAWMO may contract for or purchase such insurance as the Board deems necessary for its protection. The Members agree as follows with respect to the liability of VLAWMO and the Members: (a) VLAWMO is a separate and distinct public entity to which the Members have transferred all responsibility and control for action taken pursuant to this Agreement. (b) VLAWMO shall defend and indemnify the Members, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the Board in carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Minn. Stat. § 466.04. 9 (c) Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. (d) To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Members that they shall be deemed a “single governmental unit” for purposes of liability, as set forth in Minn. Stat. § 471.59, subd. 1a, and provided further that for purposes of that statute, each part to this Agreement expressly declines responsibility for the acts and omissions of another Member. The Members are not liable for the acts or omissions of another Member to this Agreement except to the extent they have expressly agreed in writing to be responsible for the acts or omissions of the other Members. (e) Any excess or uninsured liability shall be borne equally by all the Members, but this does not include the liability of any individual officer, employee or volunteer that arises from his or her own malfeasance, willful neglect of duty, or bad faith. 4.16 Financial Records. The Board shall maintain the books and accounts of VLAWMO consistent with generally accepted accounting principles. 4.17 Audit. The Board shall annually cause an independent certified audit of the books and accounts of VLAWMO. 4.18 Claims. To the extent required by Minnesota Statutes, VLAWMO shall be responsible for damages caused by it. All Minnesota Statutes governing notices of claims and limits on municipal liability shall be applicable to VLAWMO. To the extent permitted by Minnesota Statutes, VLAWMO shall be treated as a single municipal entity for municipal liability purposes. 4.19 Employees. The Board may employ or subcontract with such persons or entities as it determines are needed to fulfill defined responsibilities of VLAWMO with the approval of the Board. 4.20 Contracts. The Board may make such contracts and enter into such agreements as necessary to fulfill its obligations under this Agreement. Any such contract or agreement shall be in accordance with the Uniform Municipal Contracting Law and other applicable laws. 4.21 Annual Report to Members. The Board shall make and file a report with the administrator of each Members at least once each year that includes the following information: (a) The financial condition of VLAWMO; (b) The status of all VLAWMO projects and work; and 10 (c) The business transacted by VLAWMO and other matters which affect the interests of VLAWMO. 4.22 Records. VLAWMO’s books, reports and records shall be available for and open to inspection at reasonable times. 4.23 Planning. (a) Watershed Management Plan (Plan). VLAWMO shall prepare and/or update a watershed management plan as required by the Act. The Plan, either a new one or an updated one, shall be recommended to the Board for approval. The Plan shall be compliant with Minn. Stat., chap. 103B and applicable Minnesota Rules. The Plan shall be subject to the appropriate governmental unit review as required by the Act. (b) Local Water Management Plan. As provided in Minn. Stat. § 103B.235, once VLAWMO adopts a new or revised watershed management plan, each Member and any other local government unit within the Area shall review its local water management plan for changes needed for it to be consistent with the new or revised Watershed Management Plan. Each local water management plan shall be consistent with the Plan and state law. After consideration, but before adoption of a new or revised local water management plan, each Member shall submit its water management plan to the Board. The Board shall within sixty (60) days approve or disapprove the plan or parts thereof. If the Board fails to complete its review within the prescribed period, and unless an extension is agreed to by the Member, the local plan shall be deemed approved consistent with applicable state laws. 4.24 Other Powers. The Board may exercise such other powers necessary and incidental to the implementation of the purposes set forth herein as authorized by the Members. 4.25 Special Tax District. Nothing in this Agreement limits the authority of a Member to establish a special tax district pursuant to its authority under Minn. Stat. 103B.245 or such other law as may apply. 4.26 Amendments to this Agreement. The Board may recommend changes in this Agreement to the Members. This Agreement may be amended only by the agreement of all of its Members. SECTION V RESPONSIBILITIES AND DUTIES OF TECHNICAL COMMISSION 5.1 Establishment. The Board has established, and shall maintain, a Technical Commission (“TEC”) that provides technical expertise for the planning and operation of VLAWMO programs and projects. Each Member shall appoint one Commissioner, and may appoint one Alternate Commissioner, to serve on the TEC. Each Member shall determine the eligibility or qualification standards for its TEC appointments, following guidelines 11 promulgated by the Board. The VLAWMO Administrator shall serve as a non-voting member of the TEC. 5.2 Duties and Responsibilities. The TEC, through the VLAWMO Administrator and other VLAWMO employees, shall administer the day-to-day operations of VLAWMO and shall review VLAWMO expenditures. The TEC has the authority to review and approve VLAWMO’s monthly expenditures and may approve capital improvements in accordance with a policy adopted by the Board. The Board may assign additional duties and responsibilities to the TEC as it may determine are appropriate. 5.3 Technical Commission Officers. At the first meeting of the TEC each calendar year the Commissioners shall appoint from among its members a Chair, Vice-Chair, Financial Officer, and Liaison to the Board. The TEC shall assign duties to the officers as it deems appropriate. An Alternate Commissioner may not serve as an officer of the TEC. 5.4 Meetings. Regular monthly meetings of the TEC shall be held on a day and time selected by the Commissioners. All meetings of the TEC are subject to the Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all Commissioners, and provided to the public requesting this information, and follow notice requirements outlined in Minn. Stat. § 13D.04. Meetings shall be conducted in accordance with the rules adopted by the TEC or, if a specific set of rules has not been adopted, then the latest version of Roberts Rules of Order. Each Commissioner shall have one vote. A majority of the Commissioners present shall constitute a quorum at all TEC meetings. In the absence of a quorum, a scheduled meeting shall be opened, re-scheduled, and adjourned. SECTION VI FINANCING VLAWMO 6.1 Annual Budget. The annual VLAWMO budget, which includes both operational costs and capital improvement costs, shall be developed and approved as provided in this section. (a) Staff Prepares Draft. VLAWMO staff shall work with the appropriate Member staff to prepare a preliminary draft long range budget, which shall include the proposed budget for the upcoming year and the proposed SSU rates. (b) Budget Subcommittee Recommendation. VLAWMO staff shall present the preliminary draft budget to the budget subcommittee. The budget subcommittee is responsible for reviewing and making a recommendation to the Board regarding the proposed budget and the SSU rates. (c) Budget Approval. The Board shall consider the annual budget as recommended by the budget subcommittee and act on it. A majority vote of Directors present and voting is required to approve the annual budget. The Board may modify the annual budget proposed by the budget subcommittee. This review and approval of the annual budget 12 typically occurs at the June Board meeting, but can occur at a different meeting as the Board may determine is appropriate. (d) SSU Rate Approval. The Board shall consider and act to approve the SSU rates. This review and approval typically occurs at the August Board meeting, but can occur at a different meeting as the Board may determine is appropriate. (e) SSU Charge Certification. The Board shall act by November 1st each year to certify the SSU charges to the County Auditors for collection on the upcoming year’s property taxes. (f) Budget Adjustments. Before December 31st each year, the Board shall consider and make such adjustments to the annual budget as may be needed to allocate funds being carried over into the following year. (g) Work Plan. Included with the annual activity report required by Minn. R., part 8410.0150 shall be a work plan specifying the activities planned to be undertaken and a summary of the budget for the current year. 6.2 Funding. The annual budget is funded by one or more of the following: (a) The primary source of funding for the annual budget is the SSU charges imposed on properties within the Watershed each year pursuant to the Special Legislation. (b) Member contributions toward specific capital improvement projects. (c) VLAWMO may also receive grants to help fund specific capital improvements. (d) If the funds collected from the SSU charges and grants are not sufficient to fully fund an approved budget, the Board may exercise any other authority available to it under law to fund the budget including, but not limited, Member assessments. 6.3 Member Assessments. (a) Authorized. A Member assessment may be imposed to cover an anticipated shortfall in VLAWMO’s annual budget. A Member assessment amount shall be calculated using the formula set out in this section. At least 10 days prior to the meeting at which the Board considers acting on a proposed Member assessment, VLAWMO shall provide each Member written notice of the proposed Member assessment that identifies the amount to be paid by each Member. Members shall be given an opportunity to be heard at the meeting before the Board acts on the Member assessment. A Member assessment must be approved by at least a majority of the full Board by no later than July 1st for collection in the following year. If approved, VLAWMO shall notify each Member in writing of the approved Member assessment amount. 13 (b) Formula. To the extent a Member assessment is established, it shall be calculated based upon the following formula: (1) Forty percent (40%) based upon the assessed valuation of all real property of each government unit within the Area; (2) Forty percent (40%) based upon the total area of the property within each governmental unit with the Area; and (3) Twenty percent (20%) based upon the population of each governmental unit within the Area. (c) Payment. Each Member shall pay its Member assessment amount: (1) no later than January 31st in the year in which it is due; or pay one-half (1/2) of the assessment by January 31st of the year due and pay the second one-half (1/2) of the assessment by August 31st of the year due. If a Member fails to pay its assessment by the applicable due dates, it will be required to pay a one percent (1%) per month service on the unpaid amount due. 6.4 Capital Improvement Program and Funding. (a) Preparation. Each year the Board shall prepare a Capital Improvement Program and budget for Capital Improvements anticipated to be started or completed in the following year as described in the Watershed Management Plan. Each proposed Capital Improvement shall be specifically identified and its estimated cost and time for completion shall be provided. Only Capital Improvements included in the Watershed Management Plan, or its amendments, may be included in the capital improvement budget. (b) Funding. Capital Improvements may be funded by a combination of funds budgeted by VLAWMO as part of its annual budget, grants received by VLAWMO, and expenditures made directly by one or more Members. For jointly funded projects, VLAWMO shall agree in writing with the Members making direct contributions toward the Capital Improvement the amounts of funding and the responsibilities toward constructing and maintaining the Capital Improvement. 6.5 Governmental Unit Financing. Members may establish a watershed management tax district in the Area for the purpose of paying costs of the engineering and planning required to develop a watershed management plan for the Area. After the plan is adopted and approved, a tax district may be established for the purpose of paying capital costs of projects described in the plan (including normal and routine maintenance of projects). If required, the tax district shall be established by ordinance adopted after a hearing by a local government unit, following provisions of Minn. Stat., chap. 103B. 6.6 Reserve Funds. The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Board not currently needed for its operations in the 14 manner and subject to the laws of Minnesota applicable to statutory cities. Any and all reserve funds must be clearly indicated on the annual financial audit provided to the Members. 6.7 Gifts; Grants; Loans. VLAWMO may, within the scope of this Agreement, accept gifts, apply for and use grants or loans of money or other personal property from the United States, the State of Minnesota, a unit of government, or other governmental unit or organization or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith, shall comply with any laws or regulations applicable thereto, and may hold, use, and dispose of such money or personal property in accordance with the terms of the gift, grant, loan, or agreement related thereto. 6.8 Disbursements. VLAWMO disbursements on budget items shall be reviewed and approved by the Technical Committee. A report of all disbursements shall be sent to the Board’s Secretary-Treasurer and the TEC’s Finance Officer for review and a copy provided to the Board. Checks issued by VLAWMO shall be signed by the VLAWMO Administrator and the Board Chair. The Secretary-Treasurer shall maintain a bond in the amount of at least $10,000. VLAWMO will be responsible for paying the premium on said bond. 6.9 Revenue Bonds to Secure MPCA Loan. VLAWMO is given express authority to issue revenue bonds in a principal amount not to exceed $800,000 (the “Bonds”) to secure the Loan to finance the Project. The term “Bonds” shall also include bonds issued to refund and refinance the Bonds. As provided in Minn. Stat. § 471.59, subd. 11, the Bonds shall be revenue obligations of VLAWMO which are issued on behalf of the Members, and shall be issued subject to the conditions and limitations set forth in Minn. Stat. § 471.59, subd. 11. The Bonds shall be payable solely from VLAWMO’s revenues including its storm water utility fees. VLAWMO may not pledge to the payment of the Bonds the full faith and credit or taxing power of the Members. No bonds, obligations or other forms of indebtedness other than the Bonds may be issued by VLAWMO without the prior consent of the Members. SECTION VII DURATION OF THIS JOINT POWERS AGREEMENT 7.1 Duration of Agreement. Each Member agrees to be bound by the terms of this Agreement until December 31, 2036, and that it may be continued thereafter at the option of the Members. This Agreement shall be in full force and effect upon the filing of certified copy of the resolution approving said Agreement by each Member. 7.2 Termination of Agreement. This Agreement may be terminated prior to December 31, 2046, by the unanimous consent of the Members. If the Agreement is to be terminated, a notice of the intent to dissolve VLAWMO shall be sent to the Board of Water and Soil Resources and to Ramsey and Anoka Counties at least 90 days prior to the date of dissolution. 15 7.3 Dissolution. In addition to termination as provided above, any Member may petition the Board of Directors to dissolve this Agreement. Upon ninety (90) days’ notice in writing to the clerk of each Member, the Board of Water and Soil Resources, and to Anoka and Ramsey County, the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Board members, the Board may by resolution recommend that VLAWMO be dissolved. Said resolution shall be submitted to each Member and if ratified by three-fourths of the governing bodies of all eligible Members within sixty (60) days, said Board shall dissolve VLAWMO allowing a reasonable time to complete work in progress, pay any outstanding obligations, and to dispose of personal property owned by VLAWMO. 7.4 Assets. Upon a set of findings and order for dissolution of VLAWMO by the State Board of Water and Soil Resources, all personal property of VLAWMO shall be transferred, either jointly or severally, to the Members after all VLAWMO’s obligations are paid. The Board may determine to allocate and transfer VLAWMO assets to members in accordance with the formula set out herein for determining Member assessments. SECTION VIII MISCELLANEOUS PROVISIONS 8.1 Adoption of Agreement. This Agreement shall be in full force and effect upon the filing of a copy of the resolution approving said Agreement by all six members. Said resolutions shall be filed with the Chair. VLAWMO shall provide each a Member a fully executed copy of this Agreement. 8.2 Dispute Resolution. The Members agree that any dispute related to this Agreement that cannot be resolved by discussions among the Board and a Member shall be submitted to mediation. The mediation shall be conducted in accordance with a process agreed to by the parties involved in the dispute. If the parties are not able to mutually agree on a mediator, each party shall provide a list of two mediators to VLAWMO. The Chair shall select the mediator from the combined list. If, however, the Chair is from a Member that is a party to the dispute, then the Vice-Chair shall select the mediator from the combined list. Each party to the mediation shall be responsible for its own costs in mediation and shall share equally in the costs of the mediator and all other costs of mediation. If the dispute is not resolved in mediation, the parties may agree to submit the dispute to binding arbitration or any party may pursue any options available to it under law to seek a resolution of the dispute. 8.3 Data Practices. VLAWMO shall comply with the requirements of Minn. Stat., chap. 13, the Minnesota Government Data Practices Act (“MGDPA”). Any entity with which VLAWMO contracts is required to comply with the MGDPA as provided in Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a data request and to work with VLAWMO to respond to it. 8.4 Amendments. The Board may recommend changes and amendments to this Agreement to the governing bodies of the Members. Amendments will only take effect if adopted by all 16 governing bodies of the Members. Adopted amendments shall be evidenced by appropriate resolutions or certified copies of meeting minutes of the governing bodies of each party filed with the Board and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. 8.5 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 8.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 8.7 Entire Agreement. This Agreement, including the recitals and the official boundary map (which are incorporated in and made part of this Agreement), contains the entire understanding of the Members concerning the subject matter hereof. This Agreement supersedes and replaces the prior joint powers agreement among the Members regarding VLAWMO and such prior agreement is hereby terminated. Any outstanding obligations of the Members under the prior agreement are not affected by the termination and shall be continued under this Agreement. 8.8 Examination of Books. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the Board are subject to examination by the State. 8.9 Governing Law. The respective rights, obligations, and remedies of the Members under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 8.10 Counterparts. This Agreement shall be executed in several counterparts and all so executed shall constitute one Agreement, binding on all of the Members hereto. Each party to the agreement shall receive a fully executed copy of the entire document following adoption by all Members. 8.11 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the notice requirement may be satisfied by VLAWMO emailing the notice to its primary contact for the Member. 8.12 Statutory References. All references to statutes in this Agreement include any amendments made thereto and any successor provisions. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. §§ 103B.211 and 471.59. 17 CITY OF GEM LAKE Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 18 CITY OF LINO LAKES Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 19 CITY OF NORTH OAKS Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 20 CITY OF VADNAIS HEIGHTS Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 21 CITY OF WHITE BEAR LAKE Adopted on the ____ of _______________ 2025. BY THE CITY COUNCIL _________________________________ Mayor Attest: _________________________ Clerk 22 WHITE BEAR TOWNSHIP Adopted on the ____ of _______________ 2025. BY THE TOWN BOARD _________________________________ Chairperson Attest: _________________________ Clerk ? A@96 £¤61 £¤61 £¤61 §¨¦694 §¨¦35E Anoka Washington Ramsey Gem Lake Vadnais Heights North Oaks Little Canada Lino Lakes White Bear Twp. White Bear Lake West Vadnais Sucker Teal East Vadnais Gilfillan Charley Pleasant Deep Oak Knoll Pond Gem West Goose East Goose Birch Ox Amelia Wilkinson Tamarack FishBlack Basswood Lambert Rice Grass Long RC D 1 3 RCD 1 4 (Lamb e r t Creek) m /DNHV 3XEOLF'UDLQDJH 6\VWHPV 6WUHDPVDQG 'LWFKHV &LWLHV ,QWHUVWDWH 86+LJKZD\ 6WDWH+LJKZD\ &RXQW\5RDGV 11DWLRQDO :HWODQG ,QYHQWRU\ :HWODQGV 0LOHV Attachment 4 City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-024 RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR THE CONTINUED OPERATION OF THE VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION WHEREAS, the City has been a member of the Vadnais Lake Area Water Management Organization (“VLAWMO ”) since it was originally establishment in 1983; and WHEREAS, the City’s participation in VLAWMO allows it to address its obligation under Minnesota Statutes, sections 103B.201 through 103B.253 to manage surface water within the watershed; and WHEREAS, the current joint powers agreement, which is a cooperative effort of all member communities with land in the watershed, expires on December 31, 2026; and WHEREAS, the attached joint powers agreement, which is incorporated herein by reference, updates the language in the joint powers agreement to better reflect how VLAWMO has actually operated for years, recognizes the storm sewer utility fee imposed by VLAWMO as its primary funding source, and provides for the continued operation of VLAWMO through January 1, 2036; and WHEREAS, the VLAWMO has funded many projects throughout the watershed, including in the City, which has contributed to improved surface water quality and ecological integrity within the watershed; and WHEREAS, the City Council determines it is in the best interests of the City to continue its participation in the VLAWMO to further its goals of improving water quality and in furtherance of satisfying its obligations to properly manage surface water in accordance with the Metropolitan Surface Water Management Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows: 1. The attached Vadnais Lake Area Water Management Organization Joint Powers Agreement is hereby approved and entered into by the City. 2. The Mayor and Clerk are hereby authorized and directed to execute the attached joint powers agreement on behalf of the City. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. August 19, 2025 Melissa Lawrence, Acting City Clerk Date City of Gem Lake Planning Commission Application - Page 1 of 1 City of Gem Lake Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Application Applicant Information Name: Address: City: State: Zip: Home Phone: Cell Phone: Email: Residency Information How long have you been a resident of Gem Lake? Property owned, rented or leased in Gem Lake (other than residence): Employment Information Present Employer: Title: Work Phone: Education Information High School: College: Trade or Business School: Organization Membership Information Are you currently serving on other Boards, Commissions, or Committees? Yes No If yes, which are you serving on and the organization’s name: Have you served on a Board, Commission, or Committee before? Yes No If yes, which have you served on and the organization’s name: Supplemental Information Briefly state why you want to serve on the City Commission: The Commission meets on the second Tuesday of each month at 7:00 p.m., will this work for your schedule? Yes No Applicant Signature: Date: Note: The Planning Commission is an unpaid position. Please return this form to the City of Gem Lake offices, 4200 Otter Lake Road, Gem Lake, MN 55110, or email to the City Clerk at city@gemlakemn.org. CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Meeting – September 16, 2025 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Patrick Johnson Lindner Approve Agenda and Minutes • Accept the Agenda for the September 16, 2025, City Council Meeting • Approve the Minutes from the August 19, 2025, City Council Meeting • Accept the Minutes from the September 9, 2025, Planning Commission Meeting Special Presentations/Public Hearings • 2026 Preliminary Budget Presentation / Public Hearing – White Bear Township Finance Officer, Tom Kelly Consent Agenda • Resolution #2025-025 Gem Lake 2026 Preliminary Budget • Resolution #2025-026 September 2025 Donation to White Bear Lake Area Food Shelf • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • Future Water System Planning New Business • Archery Deer Hunting Applications o 5 Daniels Farm Road o 7 & 11 Daniels Farm Road o 1270 Goose Lake Road • Scheduling of Date and Time of Truth in Taxation Hearing • Future Charitable Gambling Donations o White Bear Lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 minutes maximum CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Open Items for Council Members to Bring Up Future Council Meetings • Next City Council Meeting, Tuesday, October 21, 2025 o Attendance Inquiry • Next City Council Workshop, Monday, October 13, 2025 – CANCELED Adjournment – The meeting adjourned at ________