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HomeMy WebLinkAbout2025 06-10 PC 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 Planning Commission Meeting – June 10, 2025 Call to Order of Planning Commission Meeting By Chair Don Cummings at 7:____ p.m. Call of Roll Cummings Farrell Pratt Wippich Amlee Approve and Accept Agenda and Minutes • Accept the Agenda for the June 10, 2025, Planning Commission Meeting • Approve the Minutes from March 11, 2025, Planning Commission Meeting Public Hearings • None Old Business • Summary of Met Council Meeting / Early Comp Plan Planning • Ordinance No. 64F Municipal Sewer Proposed Ordinance • Ordinance No. 129 Municipal Water Proposed Amendments New Business • Adding Alternate Member to Planning Commission • Ordinance No. 131, Sections 5, 10, 13, 15, 17, and 25 Proposed Amendments • Ordinance No. 131 Appendix A Definition Updates Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, June 17, 2025 • Next Planning Commission Meeting, July 8, 2025 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes March 11, 2025 1 City of Gem Lake Planning Commission Meeting – March 11, 2025 Meeting Minutes Due to a last-minute scheduling conflict the Planning Commission would not have had a quorum to hold their scheduled public hearing. Mayor Artig-Swomley temporarily appointed Brad Naylor to the Planning Commission for the night to fulfill the quorum requirement to hold a public hearing. Planning Commission Chair Don Cummings called the meeting to order at 7:00 p.m. Commission Member Art Pratt was present with temporarily appointed Commission Member Brad Naylor. Not present were Commission Members Stephanie Farrell and Derek Wippich with known excused absences and newly appointed Commission Member Laurel Amlee with a last-minute family emergency. Also present: Graduate Community Planner CJ Sycks, Acting City Clerk Melissa Lawrence and Gem Lake Hills Golf Course representatives Jim Kalkes, Steve Nasvik, and Jason Whitehill. City Attorney fill-in Chad Lemmons made an appearance before the meeting to see if there were any questions, but did not sit in on the meeting as he was needed at the White Bear Township Annual Meeting in the main chambers. March 11, 2025 A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Temporary Commissioner Naylor. Motion carried 3-0. Minutes A motion was introduced by Commissioner Pratt, with an abstention from Temporary Commissioner Naylor to approve the February 11, 2025, Planning Commission Meeting minutes. Motion carried 2-0. Public Hearings Conditional Use Permit – 4039 Scheuneman Road – Gem Lake Hills Golf Course Graduate Community Planner CJ Sycks summarized the Conditional use Permit amendment request from the Gem Lake Hills Golf Course. The applicant is requesting an amendment to an existing Conditional Use Permit (CUP) for the Gem Lake Hills Golf Course at 4039 Scheuneman Road. The applicant is proposing to add a miniature golf putting course (putting course) and an ambient outdoor speaker system (speaker system) to the property. The proposed putting course will be constructed in the location of the old hitting cages, located on the east side of the property, near the primary building (the clubhouse) and parking lot. The hitting cages were removed in the spring of 2024. The clubhouse includes an open space with a bar, customer seating space, three bathrooms, and an office. There is also a maintenance department with an office, lawn mower and utility vehicle parking, and a large walk-in refrigerator. The active CUP was originally approved on March 14, 1964, and has been amended four (4) times since then. The most recent amendment was approved on February 20, 1989. CUPs were formerly referred to as Special Use Permits (SUPs). The subject property consists of multiple parcels located between the BNSF Railroad and Goose Lake Road/County Road 14, and between Goose Lake Road/County Road 14 and Scheuneman Road in the northeast area of the City. The primary address and entrance to the golf course is 4039 Scheuneman Road. Gem Lake Hills Golf Course is roughly 57.4 acres in size. The properties include two executive 9-hole golf courses, a clubhouse, and a parking lot. In a narrative provided by the applicant and included in the Meeting Packet, the applicant states that the addition of a putting course will provide a recreational option for all ages and will increase the appeal of their facility. They state that the putting course will be designed to minimize any potential impact on the environment and will adhere to all zoning regulations. The site area is approximately 19,000 square feet in size. In addition, a new deck is planned to be built on the west side of the building, near the putting course. The deck can be permitted with a building permit. The applicants anticipate an additional 30% increase in golf “rounds” played on the property (putting course and golf rounds). They anticipate an increase in visitors for the putting course, however, putting course visitors tend to arrive together in one vehicle compared to golfers arriving alone in individual vehicles, due to the nature of the games and the audiences. City of Gem Lake Planning Commission Meeting Minutes March 11, 2025 2 The proposed speaker system will be used to provide background music and announcements. The applicant states that it will maintain appropriate volume levels and will abide by all noise ordinances. There will be between 12 and 18 speakers installed on the putting course. The speakers will be placed in a way that allows contained volume for patrons to hear music, while maintaining a quiet environment for the nearby neighborhoods. While the applicant is uncertain of the exact decibel levels at this time, they anticipate that it could reach 60-70 decibels. The system will allow the operators to set a maximum volume that cannot be exceeded. Ordinance No. 131 regulates conditional use permits in section 17.5. The criteria that need to be reviewed and measured are: 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, and 8) Anticipated Duration of the Conditional or Interim Use. These criteria were discussed and the notes on the topics can be found on the City Planner memo available. One of the concerns of the Commission Members was the noise. They were reassured that it would not be a problem. Commission Chair Cummings would like to suggest to the Council the addition of timing to the CUP request. This would allow the city to go back in a year or however long they would like to suggest ensuring that all the conditions of the CUP are continuing to be met and there have been no major complaints. Commission Member Pratt introduced a motion to open the public hearing on the CUP request at 7:29 p.m., seconded by Temporary Commission Member Naylor. Motion carried 3-0. The public had no comment. Commission Member Pratt introduced a motion to close the public hearing on the CUP request at 7:30 p.m., seconded by Temporary Commission Member Naylor. Motion carried 3-0. Commission Member Pratt introduced a motion to recommend approval with the conditions listed and suggestion of a time limit as a conversation point to the City Council, seconded by Commission Chair Cummings. Motion carried 3-0. Open Items for Commission Members to Bring Up None. Future Meetings City Council Meeting, Tuesday, March 18, 2025, at Heritage Hall, and Planning Commission Meeting, Tuesday, April 8, 2025, at Heritage Hall. Attendance Inquiry Commissioner Cummings surveyed the Commission to see if any of the members would have any issues attending the April 8 meeting. At that time those in attendance had no conflicts. Adjournment There being no further business, following a motion from Commissioner Pratt, seconded by Temporary Commissioner Naylor, the meeting adjourned at 7:40 p.m. Respectfully submitted, Melissa Lawrence Memorandum To: Gem Lake Planning Commission Project Reference: Municipal Water and Sanitary Sewer Ordinance Review Copies To: Melissa Lawrence, City Clerk TKDA Project No.: 22428.000 From: CJ Sycks, Planner Client No.: Date: June 2, 2025 SUBJECT: Discussion regarding the Gem Lake Municipal Sewer Ordinance (No. 64) and Municipal Water Ordinance (No. 129) MEETING DATE: June 10, 2025 ITEMS REVIEWED: Gem Lake Ordinance No. 64E, Gem Lake Ordinance No. 129 OVERVIEW The City Council has tasked the Planning Commission with reviewing the City’s Ordinance(s) regarding Municipal Water and Sanitary Sewer. There are currently two active Ordinances: 64E and 129. They both regulate sanitary sewer, whereas 129 regulates both sewer and water. 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 into Ordinance 64F and municipal water systems into Ordinance 129. These amendments have been reviewed by the City Engineer and Clerk; however, comments have not been received from the City Attorney. ORDINANCE HISTORY Table 1: Sewer and Water Ordinance History Ordinance Year Description 64 1994 Originally enacted to regulate the operation of the municipal sanitary sewer system 81 2003 An amendment to Ord. 64 by expanding definitions and updating MCES references 64D 2004 Updates to formatting 64E 2004 An amendment to Ord. 64 by adding definitions, amending connection requirements and rate, and amending licensing costs 93 2009 An amendment to Ord. 64E by adding a provision for the certification of unpaid connection charges to the County Auditor 64E 2013 An amendment, uncertain in its nature, active 129 2016 First combined ordinance presenting regulations on municipal water AND sanitary sewer 129 2022 Active, with updates to formatting. Municipal Water and Sanitary Sewer Ordinance Review Gem Lake Planning Commission Meeting 6/10/2025 June 2, 2025 Page 2 PROPOSED UPDATES Municipal Sewer Ordinance No. 64F Below is a summary of the changes to the sewer ordinance. • Revised formatting throughout to be consistent with formatting of other ordinances. • Updated definitions. • Updated language regarding connections, permits, and sewer availability charges (SAC) in order to be consistent with city and Metropolitan Council Environmental Services (MCES) practices. • Combined language and requirements from Ordinance Nos. 64 and 129 regarding sewer. Reviewed language between 64 and 129 and removed any inconsistencies and conflicting requirements. • Reviewed requirements for licensing and charges with city staff. • Reviewed requirements for materials and construction requirements with Building and Engineering Department staff. • Updated references to state or MCES rules/requirements. • Updated the allowable materials to be used in making sewer connections. Municipal Water Ordinance No. 129 Below is a summary of the changes to the water ordinance. • Revised formatting throughout to be consistent with formatting of other ordinances. • Created a definitions section, defined terms used throughout the ordinance. • Reviewed requirements for connections and charges with city staff. • Move permitting and licensing fees to the Fee Schedule. • Move sections regarding municipal sewer to Ordinance No. 64. • Updated the water use charge payment deadline, as advised by city staff. • Updated the penalty for delinquent payments. o The ordinance currently states, “The City reserves the right to shut off water service if the account is delinquent for an unreasonable length of time as determined by the City Council.” o Proposed language states, “The City reserves the right to shut off water service, given the City provides the property owner with a 30-day notice, if the account is delinquent for an unreasonable length of time as determined by the City Council.[EM1][JG2][ML3] A water shut off/turn on fee will be incurred for shut off due to delinquent payment. The property owner may request a hearing to appeal the disconnection or request a payment plan. Minnesota State Statute provides regulations on when water shut offs are permitted and prohibited. The City of Gem Lake abides by Minnesota State Statutes 216B as amended from time to time.” Fee Schedule In addition to the changes above, staff recommends moving any fees or charges out of these ordinances and into the city’s fee schedule. This is consistent with recent updates to other city ordinances and ensures that any fees or charges are housed in one spot. Table 2: Proposed Fee Schedule Amendments Fee Types Fee Amounts Sewer Inspection Fee $40.00 Public Right-of-Way Restoration Deposit $5,000 Water Shut Off/Turn On Fee $50.00 TYPE OF STRUCTURE # UNITS Each Single Family Dwelling 1 Unit(s) Each Hotel Or Motel Unit 1/3 Unit(s) One Mobile Home Unit Or Apartment Unit ½ Unit(s) Industrial Or Commercial structures (per 1,000 sq.ft. of floor area) ½ Unit(s) Minimum 2 Unit(s) Municipal Water and Sanitary Sewer Ordinance Review Gem Lake Planning Commission Meeting 6/10/2025 June 2, 2025 Page 3 ACTION The Commission should review each recommendation and take action separately. The Commission may make a recommendation to the City Council or may table the items for further review. If the Commission desires additional changes, direction regarding ordinance changes should be provided to staff RECOMMENDATION Staff recommends the following four actions: 1. Recommend the City Council formally repeal Ordinance 64E (sewer only). 2. Recommend the City Council adopt proposed Ordinance 64F (sewer only) as proposed by staff. 3. Recommend the City Council amend Ordinance 129 (water and sewer, now water only) as proposed by staff. 4. Recommend the City Council adopt revisions to Ordinance 135 (City’s Fee Schedule). Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 1 of 11 City of Gem Lake, Ramsey County, Minnesota Municipal Water and Sanitary Sewer Systems Ordinance No. 12964F AN ORDINANCE REGARDING REQUIREMENTS AND FUNDING, FOR MUNICIPAL SEWER SERVICES, AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE Section 1. Rules and Definitions. 1. Definitions Of Terms: The following words and terms, whenever they occur in this Ordinance, are defined as follows: 1. Assessment. A charge made to affected property owners for improvements that increases or maintains their property’s value or enhances the health and safety of their neighborhood. 2. Connection. The physical connection between the sewer piping in a residence or building and the Municipal sanitary sewer systemmunicipal sewer system. 3. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the Municipal sanitary sewer systemmunicipal sewer system. 4. Extension. An addition to the Municipal Sanitary Sewer Systemmunicipal sewer system determined to be added by petition, decree or for health and safety reasons. 5. Industrial Strength Charge. An additional charge levied to the City of Gem Lake by the MCES to treat certain industrial wastes. 6. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new connection to the Municipal Sanitary Sewer Systemmunicipal sewer system. 7. ISTS. An Individual Sewage Treatment System. 8. MCES. Metropolitan Council Environmental Services, the primary owner and operator of the regional wastewater sewer system and its successors and assigns. 9. Municipal Sanitary Sewer System (MSSS). The sanitary sewer system owned and operated by the City of Gem Lake as a public utility and convenience from which revenues will be derived. Also referred to within this ordinance as the “municipal sewer system”. 10. Permit, Changeover. A permit that allows changing from an on-site individual sewage treatment system (ISTS) to the municipal sewer systemMunicipal Sanitary Sewer System. This permit requires that the on-site system be properly disconnected and sealed. 11. Replacement. Replacing or rebuilding of sections of the sanitary sewer system, that may be found necessary due to age, damage or changing surface conditions. 12. Sewer Access Charge (SAC) Charge, Gem Lake. A charge levied to each new user of the Municipal Sanitary Sewer Systemmunicipal sewer system to help pay for continued maintenance of the system. 13. Sewer Access Charge (SAC) Charge, MCES. A charge levied to the City of Gem Lake by MCES to reserve unused capacity in the sewage treatment and metro collection system. 14. Sewer Contractor. A person engaged in the business of Contractor building or repairing that portion of the house or building sewer extending from the house or building to the main sewer or other outlet. 15. Surface Water. Roof, storm, surface, ground water or water discharged from an air conditioning unit or system. 16. Unit. A method of measuring the sewage put into the sanitary sewer system as well as a method for calculating the costs for use of the system. Section 2. Municipal Sanitary Sewer System. The City's municipal sanitary sewer systems, consisting of lift stations, manholes, collection piping, service piping, force main, and associated appurtenances located within the public right-of-way and applicable easements, shall be operated as a public utility and convenience from which revenue shall be derived, subject to the provisions of this chapter.This chapter shall be referred to as the City's Utility Regulations. Compliance with Regulations. No person, firm or corporation shall connect any water or sanitary sewer service to the municipal systems or make use of the systems except in the manner provided in this chapter. Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 2 of 11 All connections to or extensions of the systems shall be in accordance with relevant portions of the Minnesota Building Code, Minnesota Plumbing Code, and City of Gem Lake Standard Details for utility construction. 1. 1. 2. Sanitary Sewer Fund. The City shall maintain on the official books and records of the City a separate and special fund to be designated as the Sanitary Sewer Fund, which shall be held and administered by the City separate and apart from all other funds until the purposes for its creation have been accomplished. 2. Section 4. Connections with Sewer Required. 1. Existing Structures. Any buildings presently used or capable of being used for human habitation or in which a toilet or other plumbing facilities for disposal of human waste is installed and located on property adjacent to a sewer main, or in the platted block through which t he system extends, shall be connected to the Municipal municipal Sanitary sSewer Ssystem within one year from the date on which a connection is available to such building. Where the property owner has failed to connect to the sanitary sewer system within ten years or within six months if the septic system fails, the following procedures shall be followed: 1. The property owner shall be notified that it is the intent of the City to connect the property to the sanitary sewer system and assess the cost of connection against the property owner. The notice shall be mailed by registered mail to the property address. 2. The cost of the improvement shall include all costs incurred by the City in order to connect the property to the main sewer line and shall include City permit and connection charges which must be submitted to the Metropolitan Council Environmental ServicesMCES. 2. New Structures. All buildings hereafter constructed within the City on property adjacent to a sewer main or in a platted block through which the Municipal Sanitary municipal Ssewer sSystem extends, shall be provided with a connection to the municipal sewer system for disposal of all human waste before occupancy of the building shall be allowed or a certificate of occupancy issued. 3. Sewer Not Available. Where sewer is not available to a building, the building shall be connected to and deliver waste to an ISTS meeting the requirements of Ordinance 67D. Section 5. Municipal Sanitary Sewer System Charges. A portion of the cost of constructing and maintaining the municipal sanitary sewer systemmunicipal sewer system shall be recovered by the imposition of special assessments pursuant to Minnesota Statute 429, a connection charge, and a sewer availability charge (SAC) collected on behalf of the Metropolitan CouncilMCES. 1. Connection Charge and Connection Permits. A connection charge, as determined from time to time by the City’s Fee Schedule as adopted by ordinance shall be collected when properties are connected to the Municipal Sanitary Ssewer sSystem. In addition, before a connection permit will be issued, the City shall determine that one of the following conditions exist: 1. The lot or tract of land to be served by such connection has been specially assessed for the cost of construction of the sanitary sewer main with which the connection is made; or 2. If no special assessment has been levied for such construction cost, the proceedings for levying the special assessments have been or will be commenced and completed in due course; or 3. If no special assessment has been levied, and no special assessment proceedings will be completed in due course, a sum equal to the portion of the cost of construction of the sanitary sewer main which would be assessable against said lot or tract has been paid to the Citycity; or 4. If none of the above conditions are met, no permit to connect to any sanitary sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said sanitary sewer main which would be specially assessed against said lot or tract served by such connection. Said assessable cost is to be determined by the Engineer upon Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 3 of 11 the same basis as any special assessment previously levied against other property for said main. If no special assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have beenbeen, or which shall be charged for similar connection with said sanitary sewer main. 4.5. In the event that the City of Gem Lake is serving a property in an adjacent city, the connection charge applied by Gem Lake will be in addition to any connection charge required by the city in which the property is located. Section 6. Sewer Availability Charges (SAC). 1. The Metropolitan Council has established sewer service availability and connection charges (SAC) for all buildings constructed or connected to the Metropolitan Disposal System. SAC is in addition to the City’s connection charges. 2. In addition to Metropolitan Council SAC, local SACs are established. The City Council shall annually, by resolution at its first meeting in January, determine the SAC charge for each building or connection and shall order the City Clerk or Treasurer to collect the applicable charge before issuance of a permit. The MCES will help determine SAC units if necessary and will make the final decisions regarding the correct number of units to assess. Section 7. The sewer rates for commercial, industrial, institutional and all other users not covered in the rateUnit table set in the City’s Fee Schedule as adopted by ordinance above shall be as follows: 1. For users who have municipal water, the sewer charge will be based on each one thousand (1,000) gallons, or part thereof of water consumption. The sewer use rate, per each 1,000 gallons of water, will be set by resolution of the City Council at its first meeting in January. A minimum charge for each quarter also will be set by resolution of the City Council at its first meeting in January. 2. For a commercial, industrial, institutional or other user that does not have municipal water, the charges shall be as follows: 1. The user may, at his own expense, install a meter, approved by the City Building Official, to measure the amount of water consumption. This meter shall be installed by a Licensed Plumber and inspected by the Plumbing Inspector before any use is allowed. The rate for each 750 gallons will be set by resolution of the City Council at its first meeting in January. 3. If the commercial, industrial, institutional or other user has more than one source of water for one building or use, each of the sources must be metered and the total amount of water metered be used for calculating sewer rates. Section 8. Starting Of Sewer Charges. The sewer charges, described in this Ordinance, shall start thirty (30) days after a sewer connection is applied for. Section 10. Restrictions On Connection Permits. Connection permits shall be issued only to property owners or to such persons, who are duly licensed by the City of Gem Lake, to engage in the business as Sewer Contractors and who have filed bonds and insurance as required by sSection 9.428 of this Ordinance. Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 4 of 11 Section 11. Expiration Of Connection Permits 1. All connection permits shall expire ninety (90) days after the date of issuance, and any and all fees forfeited, unless the work planned and authorized is in actual progress. Section 12. Costs For Major Repairs Or Replacement 1. The costs for major repairs or replacement of portions or all of the existing mMunicipal sSanitary sSewer System shall be borne by the end users of the system. The system is operated as a public utility and exists to serve it users. 2. If a major repair or replacement of the existing system is necessary, all costs of replacement or major repair of any and all parts of the system shall be assessed against the properties served and buildings connected to the existing system. Whenever possible, a project for major repair or replacement will be initiated by the City Council, the City Engineer will prepare specifications, bids taken, and public hearings will occur before major repair or replacement would start. 1.3. In cases of emergency replacement or repair of the system, the City Council will initially arrange for payment for such replacement or repair and then assess all costs of such repairs or replacement to the system users. Section 13. Licensing of Sewer Contractors 1. Eligibility 1. Any person who has had at least three (3) years of experience in responsible charge of minor sewer work involving a knowledge of trenching, bracing, tunnel work, pipe laying in public streets and all other matters pertaining to and incidental to such sewer work and is a Licensed Plumber or an Unlicensed Plumber who has received and provides copies of a contractor’s bond in the amount of $25,000 issued by the State of Minnesota Department of Health for doing sewer work is eligible to receive a license as a Sewer Contractor in the City of Gem Lake. 2. Application For License 1. Any person desiring to become a sewer contractor shall make application to the City Clerk and shall, if necessary, be required to submit himself to an examination as to his qualifications before the City Engineer or Plumbing Inspector. 3. Examination And Licensing 1. The City Council may approve or reject said application, or may refer the same to the City Engineer or the Plumbing Inspector, for examination as to the applicant's qualifications. If the City Council approves the application, a license authorizing the applicant to engage in the business of sewer contracting shall be issued, but only after the execution and filing of the bond and insurance requirements and payment of the fee is accomplished. 4. Bond And Insurance 1. Before the Sewer Contractor’s License is issued, the licensee shall file, with the City Clerk, the following Bond and Insurance certificate: 1. A bond in favor of the City of Gem Lake, as obligee, with an approved Corporate Surety, in the penal sum of five thousand dollars ($5,000.00), the conditions of which bond shall be that the licensee shall keep the obligee harmless from all costs and charges that may accrue on account of the doing of any work authorized or permitted in making sewer connections in the City of Gem Lake per this Ordinance, that the licensee shall save the obligee harmless from any loss or damage by reason of improper or inadequate work performed by the licensee on projects done per this Ordinance and further that the licensee shall save the obligee harmless from any damage to utility lines, curbs, street, street surfaces or sidewalks. 2. A certificate that insurance is in force covering the licensee for the period covered by the licensee in the following minimum amounts: Property damage, one hundred thousand dollars ($ 100,000.00); Public Liability, two -hundred fifty thousand dollars ($ 250,000.00) each person; and five-hundred thousand dollars ($500,000.00) for each accident. The certificate shall state that the policies covering the lice nsee shall not be canceled without ten (10) days written notice to the City of Gem Lake. 3) A certificate that worker's compensation insurance is in force covering any employee of the licensee for the period covered by the insurance. 5. Re-examination Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 5 of 11 1. Should the applicant not be approved by the City Council, he may file a second application for subsequent consideration by the City Council, with such examination as to qualifications as the City Council may require, but no applicant shall file more than two (2) applications with a period of one (1) year. 6. Fees 1. The annual license fee shall be that set annually by the City Council at its first meeting in January. Any person allowing his license to expire shall not be permitted to do any of the work authorized under said license during the time between expiration and the issuance of a new license. 7. License Not Transferable 1. A Sewer Contractor's license shall not be transferable. No person holding a license shall allow his name to be used by any other person for the purpose of obtaining permits or to do any of the work for which said license is issued. 8. Revocation Of License 1. The City Council shall have the power to revoke any license upon satisfactory proof that the holder of said license has willfully violated any of the provisions of this Ordinance. A revoked license shall not be re-instated in any manner for a period of six (6) months. The failure to pay, within sixty (60) days, any legitimate claim the City of Gem Lake may have against a sewer contractor shall constitute cause for revocation of a license. 9. Connection To The Municipal Sanitary Sewer System 1. License Required. Only contractors who are licensed as Sewer Contractors by the City of Gem Lake may install sewer pipe materials for commercial/industrial structures and make final connections to the municipal sanitary sewer systemmunicipal sewer system for all types of structures. 1.2. No License Required. No license shall be required of contractors or homeowners installing the sewer pipe materials from residential structures to the connection point. Section 14. Statements for Sanitary Sewer Use Charges 1. Charges. The City Clerk shall compute the amount due to the City for sewer charges and render a statement thereof quarterly. All amounts due as shown on the statement shall be payable at the Municipal Building City Hall? on or before the fifth (5th) day of the month following the month the statement is presented. Where service is for less than a quarterly period, the quarterly charge shall be pro -rated on a monthly basis. If a water meter is found to have been operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year. 2. Penalties for Delinquent Payments. A penalty of ten (10%) percent shall be added to all accounts that are not paid in full by said due date. This penalty shall be computed on the unpaid balance of the last billing not paid by the appropriate date at the time each quarterly statement is pre pared and presented. The City reserves the right to shut off service if the account is delinquent for an unreasonable length of time as determined by the City Council. 3. Collection of Delinquent Accounts. Each charge levied by and pursuant to this chapter is hereby made a lien upon the corresponding lot, land or premises served by a connection to the sewer system of the City and all such charges which are on July Thirty -First (3lst) of each year more than thirty (30) days past due and having been properly billed to the occupant of the premises served, shall be certified by the City Clerk to the Auditor of Ramsey County before the tenth (10th) day of October of each year. An administrative fee of fifty ($50.00) dollars shall be added to the delinquent amount. The City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the descriptions of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, collected by the County Treasurer and paid to the City Clerk, along with other taxes. 2. Section 15. Need for Changeover Permit 1. When a request is made for a residential sewer Connection Permit, where an Individual Sewage Treatment System (IST S) is now being used, a Changeover Permit shall also be required. Both the Connection Permit Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 6 of 11 and the Changeover Permit shall be issued at the same time. This Changeover Permit is to ascertain that the existing Individual Sewage Treatment System is properly disconnected and sealed. The Changeover Permit Fee shall be as set annually by resolution of the City Council at its first meeting in January. Section 16. Surface or Ground Water. It shall be unlawful for any owner, occupant, or user of any premises to direct into or allow any storm water, surface water, ground water, well water, or water from industrial or commercial air conditioning systems to drain into the City's sanitary sewer system. roof drains, foundation drains, sump pumps, and other forms of surface drainage shall not be connected to or discharged to the sanitary sewer system. The City shall periodically perform Inflow and Infiltration (I&I) inspections to verify that connections to the City's sanitary sewer system are in compliance with the provisions of this section. Section 17. Materials to be Used. The materials and construction methods described in this section of this Ordinance shall be exclusively used in making sewer connections to the Municipal Sanitary Sewer SystemMunicipal sewer system of the City of Gem Lake: 1. DESCRIPTION CLASS SPECIFICATION JOINT Polyvinyl Chloride (PVC) Sewer Pipe SDR 35 ASTM D3034 Elastomeric Gasket Vitrified Clay Sewer Pipe Extra Strength ASTM D1785 ASTM C425 Polyvinyl Chloride (PVC) Sewer Service Pipe Schedule 40 ASTM D1785 Gasket Cast Iron Soil Service Pipe Service Weight ASTM A-74 Gasket 2. Unless otherwise stated, a sanitary sewer main of eight (8 ") inch diameter shall be expected as the minimum size and service connection pipe shall be at least four (4") inches in diameter. The service connection pipe shall be installed at grades approved by the City Engineer. 3. Joints And Connections. Joints for cast iron pipe and vitrified clay sewer pipe or for joints or connections between different types of pipe shall be in the manner and of a kind prescribed by the City Engineer. The City shall provide a list of various types and kinds of joints and connections which are approved by the City Engineer and the types and kinds of joints that are prohibited. 4. Unless otherwise authorized, all house sewers shall have a grade of not less than one -eighth (1/8") inch per foot. A grade of one-quarter (1/4") inch should be used whenever practical. The contractor shall check grades before construction proceeds and he shall install the house sewer by exposing the wye at the sewer main or the service stub and at the property line. He shall connect to the wye or service stub and shall lay the house sewer line from the wye or service stub to the building. Whenever possible the connecting sewer shall joint the building at an elevation which is below the basement floor of such building. 5. Alignment. No connecting sewer shall contain bends or a combination of bends which at any point shall be greater than forty-five (45°) degrees and no more than two (2) bends, regardless of angle, shall be permitted in any single house connection except where manholes or clean-outs are constructed at such points and in the manner as directed by the City Engineer. No connecting sewer shall be laid parallel to any bearing wall or footing unless it is placed at least three (3') feet from any such bearing wall or footing. No connecting sewer shall be laid within twenty (20') feet of any existing well unless cast iron soil pipe is used. 6. Authorized by the City Engineer. The foundation of the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good and firm earth, the earth shall be pared and molded to give a Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 7 of 11 full support to the lower third (1/3) of the pipe. Bell holes shall be dug to provide sample space for bells. Care must be exercised in back filling below the center line of the pipe in order to give it proper support. Back filling shall be placed in layers and solidly tamped or packed to two (2') feet above the pipe. Back filling shall not be done until the section to be back filled has been inspected by the City Engineer, his representative and the Plumbing Inspector. 7. Use Of Old House Sewers. Old house sewers or portions thereof may be approved for use by the City Engineer. The City Engineer may request that the old sewer be excavated for the purpose of facilitating inspection. 8. Existing Individual Sewage Treatment System. No house sewer shall be laid across or over any existing cesspool or septic tank unless the existing cesspool or septic tank shall first be pumped clean and filled with earth to the surrounding ground level. Where a sewer connection is laid across or over an existing cesspool or septic tank, only cast iron solid pipe, confirming to ASTM Standard Specifications shall be used for that portion of the connecting sewer. 9. The contents of the existing cesspool or septic tank shall not be discharged into the City of Gem Lake Municipal Sanitary Sewer Systemmunicipal sewer system, but must be disposed of outside the City Limits. 10. Every connecting sewer shall be connected to the Municipal Sanitary Sewer Systemmunicipal sewer system at the wye designated for the property served by the connection, except where otherwise expressly authorized by the City Engineer. All connections made at point other than the designated wye shall be made only under the direct supervision o fof the City Engineer and in such a manner as he may direct. 11. Tunneling for a distance of not more than six (6) feet is permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid. 12. Independent System Required. Drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any other building except where provide for in Section 10.11 of this Ordinance . Every Building shall have an independent connection with the sanitary sewer system when such is available, or as approved by the City Engineer. Exception To Requirement Of Independent System. Where one building stands to the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole will be considered as one building drain. Where such a building is extended, a clean out shall be provided immediately inside the rear wall of the front building. 13. Repair Of Public Right-Of-Way. For each connection permit issued, a deposit as indicated in the City’s fee schedule as adopted from time to time, shall be paid to the City Clerk, for restoration of public right -of-way before starting of the project. This deposit will be returned upon satisfactory completion of the connection. Forfeiture of the deposit does not exonerate the permit holder from satisfactory completion of the work. 14. Costs And Expenses For Installation And Connection. eMunicipal sewer system shall be borne by the owner. The owner shall indemnify the City of Gem Lake for any loss or damage that may directly or indirectly be occasioned by the installation of the sewer connection, including the restoring of streets and street surface. Section 18. Treatment of Prohibited Wastes. Where it is determined that any waste discharged or to be discharged has certain characteristics or elements which are or may be harmful to the structures, processes, or operation of the sanitary sewer system or persons operating it, such discharge shall be discontinued or the waste shall be treated prior to its discharge into the system in a manner which will eliminate such characteristics or elements , in accordance with MN Statute, Chapter 473 and MN Rules, Chapter 7049. Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 8 of 11 Section 19. Prohibited Waste Discharge. No person shall discharge, cause, or allow to be discharged into the sanitary sewer system, any waste containing concentrations in excess of the parameters established by the Metropolitan Council Environmental Services Waste Discharge Rules Article IV, Section 406.00. Section 20. Waste Trap and Separators. Oil, grease, and sand waste traps and separators shall be installed for the proper discharge of waste waterwastewater containing excessive amounts of oil, grease, sand, or flammable liquids when required by the Minnesota Plumbing Cod e, Minnesota Rules, Chapter 4714, the Regional Administrator of the Metropolitan Council, or when the city determines such traps or separators are necessary. Waste traps and separators shall be maintained in efficient operating conditions by the owner and at the owner's expense, through the periodic removal of any accumulated residue. If a trap or separator is not properly maintained, the city may have the system, including affected city sewers, cleaned at the owner's expense. Section 21. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the Municipal Sewer or Water Systems. Section 22. Certain Connections Prohibited. No buildings located on property lying outside the limits of the City of Gem Lake shall be connected to that portion of the systems of the City discharging into the Met Council Sanitary sewer systemMCES, except that the City may permit the installation, maintenance, and operation of a sanitary sewer service connection between its public sewer system and the following described real property, lying beyond the corporate limits of the City, and situated in the City/Village of Gem Lake, County of Ramsey, State of Minnesota, to-wit: The connection of any of the above –described areas of the sanitary sewer system of the City is dependent upon express authorization for such connection being obtained from the City Council. Section 23. Maintenance of Sewer Service. 3.4. Liability. The City assumes ownership of the sanitary sewer service from the main collector line to the connection. If based on an inspection by the City this portion of the sewer service requires repair the City shall assume all costs associated with the repair. Th e owner of the premises shall be liable for all repairs required to the portion of the sewer service from the connection point to the residence. 4.5. Maintenance. The owner of the premises is responsible to maintain the sewer service from the main collector to the residence in functioning condition. Section 24. City Access. Authorized City employees shall have access at reasonable hours of the day to all buildings and premises connected to the municipal sanitary sewer systemmunicipal sewer system for the purpose of infiltration and inflow inspections without charge to the sanitary sewer consumer. In the event the sanitary sewer consumer denies authorized City employees access, the sanitary sewer consumer will, at their own cost, provide for infiltration and inflow inspections by a licensed plumber, and said licensed plumber shall be required to provide documentation to City as to validity of the work performed. Section 25. Non-Compliance Surcharge. A quarterly surcharge, as determined by City Council ordinance, shall be added to the utility billing statement for a property where: 1. An inspection has not been allowed or certification provided within thirty (30) days after notice by the City. 2. The necessary installations, inspections, and/or repairs have not been made within the time specified. Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 9 of 11 A surcharge will be added for every quarter during which the property is not in compliance, whether the non - compliance has been for the entire quarter or a portion thereof . Section 26. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the sewer systems. Section 27. Violations and Penalties 1. The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction or by any other legal remedy, including the right to prohibit the use of the Municipal Sanitary Sewer SystemMunicipal sewer system by a person violating or operating contrary to these provisions. 2. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the pro visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a find of not more than One Hundred Dollars ( $100.00) and cost for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. Section 28. Appeals. 1. Application. Application to appeal a sewer bill shall be made on forms provided by the City Clerk, who shall forward completed applications that include the required information to the City Council, which shall act as the Board of Appeals for review. 2. Deadline for Application. Appeals must be made in writing and submitted to the City Clerk within 15 business days of the date the sewer bill was placed in the United States Mail by the City. 3. Review Process. The City Clerk shall refer the Applications to the City Council and establish a date for hearing on the Application. All Applications shall be processed within 30 days of receipt of the Application by the City Clerk. 4. Notice. Notice of the purpose, time and place of a hearing shall be mailed at least 10 days before the date of the hearing to the Applicant. 5. Decision. The decision of the City Council acting as Board of Appeals to grant or deny the appeal requires majority vote of the members present. Decisions of the City Council on appeals shall be final. Section 29. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 30. Repeal of outdated Ordinance. This Ordinance supersedes, replaces and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Section 31. Enactment. This Ordinance No. 64F is placed in full force and effect on June 17, 2025 by a VOTE of the City Council of the City of Gem Lake. Adopted by the City Council of Gem Lake, Minnesota on 17 of June 2025. Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 10 of 11 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Ordinance No. 129 64F Municipal Water and Sanitary Sewer System Page 11 of 11 City of Gem Lake, Ramsey County, Minnesota Municipal Sanitary Sewer Systems Ordinance No. 64F The Sanitary Sewer System Ordinance of the City of Gem Lake was originally enacted by the City Council as City of Gem Lake Ordinance No. 64 on 28 March 28, 1994. Since that time, the City Council has adopted several changes in keeping with the changing times and needs and wishes of the community. The following table is added to Ordinance No. 64 as an historic reference to those changes. All changes shown below have been incorporated into Ordinance No. 64 and placed in the public domain or made available to the public following the dates shown. Ordinance Description Enactment 64 An Ordinance Regulating The Operation Of The Municipal Sanitary Sewer System; Requiring Connections To Be Made To The Municipal Sanitary Sewer System; Establishing Regulations As To Type And Kinds Of Waste That May Be Disposed Of In The Municipal Sanitary Sewer System; Prohibiting The Discharge Of Any type Or Kind Of Surface Waters Into The Municipal Sanitary Sewer System; Prescribing Rates And Charges For Sewage Disposal Services; Providing For The Issuance Of Permits For and Supervision Of All Connections To The Municipal Sanitary Sewer System; Prescribing Certain Materials And Methods To Be Used For Said Connections; Providing For Licensing Of Sewer Contractors; and, Prescribing Penalties For The Violation Of The Provisions Of This Ordinance March 28, 1994 81 An Ordinance Amending Ordinance No. 64 By Recodifying And Expanding Section 3.2 Definitions, Upgrading References To The Metropolitan Council Environmental Services, Recodifying Table 5.41(4)d, and Providing For Administration Of The Ordinance. January 21, 2003 64D City Clerk Magnuson recodified by adding the word Section to each section and subsection consistent with other ordinances and amended section numbering of Section 13 to properly reflect codification. Section 12 was added for purposes of codification only. No words, language or content were amended in any way that would affect the co ntent of this ordinance. April 6, 2004 64E 64E An Ordinance Amending Ordinance No. 64 By Adding and amending Definitions, Connection Requirements, Rates and Charges, Contractor Licensing and Cost Assessment and incorporating changes into Ordinance No. 64 as Ordinance No. 64E. July 14, 2004 93 An Ordinance amending Ordinance 64E by adding a provision to the existing text of Section 5.2.1 providing for the certification of unpaid connection charges to the County Auditor. February 10, 2009 64F Moving sections related to the Municipal Sanitary Sewer System from Ordinance 129 to 64F, revising definitions and city procedures and processes, moving fees to the City’s Fee Schedule, and updating formatting. June 17, 2025 Ordinance No. 64F Municipal Sanitary Sewer System Page 1 of 10 City of Gem Lake, Ramsey County, Minnesota Municipal Sanitary Sewer System Ordinance No. 64F AN ORDINANCE REGARDING REQUIREMENTS AND FUNDING, FOR MUNICIPAL SEWER SERVICES, AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE Section 1. Rules and Definitions. 1. Definitions Of Terms: The following words and terms, whenever they occur in this Ordinance, are defined as follows: 1. Assessment. A charge made to affected property owners for improvements that increases or maintains their property’s value or enhances the health and safety of their neighborhood. 2. Connection. The physical connection between the sewer piping in a residence or building and the municipal sewer system. 3. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the municipal sewer system. 4. Extension. An addition to the municipal sewer system determined to be added by petition, decree or for health and safety reasons. 5. Industrial Strength Charge. An additional charge levied to the City of Gem Lake by the MCES to treat certain industrial wastes. 6. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new connection to the municipal sewer system. 7. ISTS. An Individual Sewage Treatment System. 8. MCES. Metropolitan Council Environmental Services, the owner and operator of the regional wastewater sewer system and its successors and assigns. 9. Municipal Sanitary Sewer System (MSSS). The sanitary sewer system owned and operated by the City of Gem Lake as a public utility and convenience from which revenues will be derived. Also referred to within this ordinance as the “municipal sewer system.” 10. Permit, Changeover. A permit that allows changing from an on-site individual sewage treatment system (ISTS) to the municipal sewer system. This permit requires that the on-site system be properly disconnected and sealed. 11. Sewer Access Charge (SAC) Charge, Gem Lake. A charge levied to each new user of the municipal sewer system to help pay for continued maintenance of the system. 12. Sewer Access Charge (SAC) Charge, MCES. A charge levied to the City of Gem Lake by MCES to reserve unused capacity in the sewage treatment and metro collection system. 13. Sewer Contractor. A person engaged in the business of Contractor building or repairing that portion of the house or building sewer extending from the house or building to the main sewer or other outlet. 14. Surface Water. Roof, storm, surface, ground water or water discharged from an air conditioning unit or system. 15. Unit. A method of measuring the sewage put into the sanitary sewer system as well as a method for calculating the costs for use of the system. Ordinance No. 64F Municipal Sanitary Sewer System Page 2 of 10 Section 2. Municipal Sanitary Sewer System. The City's municipal sanitary sewer system, consisting of lift stations, manholes, collection piping, service piping, force main, and associated appurtenances located within the public right-of-way and applicable easements, shall be operated as a public utility and convenience from which revenue shall be derived, subject to the provisions of this chapter. 1. Compliance with Regulations. No person, firm or corporation shall connect any water or sanitary sewer service to the municipal systems or make use of the systems except in the manner provided in this chapter. All connections to or extensions of the systems shall be in accordance with relevant portions of the Minnesota Building Code, Minnesota Plumbing Code, and City of Gem Lake Standard Details for utility construction. 2. Sanitary Sewer Fund. The City shall maintain on the official books and records of the City a separate and special fund to be designated as the Sanitary Sewer Fund, which shall be held and administered by the City separate and apart from all other funds until the purposes for its creation have been accomplished. Section 4. Connections with Sewer Required. 1. Existing Structures. Any buildings presently used or capable of being used for human habitation or in which a toilet or other plumbing facilities for disposal of human waste is installed and located on property adjacent to a sewer main, or in the platted block through which t he system extends, shall be connected to the municipal sewer system within one year from the date on which a connection is available to such building. Where the property owner has failed to connect to the sanitary sewer system within ten years or within six months if the septic system fails, the following procedures shall be followed: 1. The property owner shall be notified that it is the intent of the City to connect the property to the sanitary sewer system and assess the cost of connection against the property owner. The notice shall be mailed by registered mail to the property address. 2. The cost of the improvement shall include all costs incurred by the City in order to connect the property to the main sewer line and shall include City permit and connection charges which must be submitted to MCES. 2. New Structures. All buildings hereafter constructed within the City on property adjacent to a sewer main or in a platted block through which the municipal sewer system extends, shall be provided with a connection to the municipal sewer system for disposal of all human waste before occupancy of the building shall be allowed or a certificate of occupancy issued. 3. Sewer Not Available. Where sewer is not available to a building, the building shall be connected to and deliver waste to an ISTS meeting the requirements of Ordinance 67D. Section 5. Municipal Sanitary Sewer System Charges. A portion of the cost of constructing and maintaining the municipal sewer system shall be recovered by the imposition of special assessments pursuant to Minnesota Statute 429, a connection charge, and a sewer availability charge (SAC) collected on behalf of MCES. 1. Connection Charge and Connection Permits. A connection charge, as determined from time to time by the City’s Fee Schedule as adopted by ordinance shall be collected when properties are connected to the sewer system. In addition, before a connection permit will be issued, the City shall determine that one of the following conditions exist: 1. The lot or tract of land to be served by such connection has been specially assessed for the cost of construction of the sanitary sewer main with which the connection is made; or 2. If no special assessment has been levied for such construction cost, the proceedings for levying the special assessments have been or will be commenced and completed in due course; or 3. If no special assessment has been levied, and no special assessment proceedings will be completed in due course, a sum equal to the portion of the cost of construction of the sanitary sewer main which would be assessable against said lot or tract has been paid to the city; or Ordinance No. 64F Municipal Sanitary Sewer System Page 3 of 10 4. If none of the above conditions are met, no permit to connect to any sanitary sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said sanitary sewer main which would be specially assessed against said lot or tract served by such connection. Said assessable cost is to be determined by the Engineer upon the same basis as any special assessment pr eviously levied against other property for said main. If no special assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been, or which shall be charged for similar connection with said sanitary sewer main. 5. In the event that the City of Gem Lake is serving a property in an adjacent city, the connection charge applied by Gem Lake will be in addition to any connection charge required by the city in which the property is located. Section 6. Sewer Availability Charges (SAC). 1. The Metropolitan Council has established sewer service availability and connection charges (SAC) for all buildings constructed or connected to the Metropolitan Disposal System. SAC is in addition to the City’s connection charges. 2. In addition to Metropolitan Council SAC, local SACs are established. The City Council shall annually, by resolution at its first meeting in January, determine the SAC charge for each building or connection and shall order the City Clerk or Treasurer to collect the applicable charge before issuance of a permit. The MCES will help determine SAC units if necessary and will make the final decisions regarding the correct number of units to assess. Section 7. The sewer rates for commercial, industrial, institutional and all other users not covered in the Unit table set in the City’s Fee Schedule as adopted by ordinance shall be as follows: 1. For users who have municipal water, the sewer charge will be based on each one thousand (1,000) gallons, or part thereof of water consumption. The sewer use rate, per each 1,000 gallons of water, will be set by resolution of the City Council at its first meeting in January. A minimum charge for each quarter also will be set by resolution of the City Council at its first meeting in January. 2. For a commercial, industrial, institutional or other user that does not have municipal water, the charges shall be as follows: 1. The user may, at his own expense, install a meter, approved by the City Building Official, to measure the amount of water consumption. This meter shall be installed by a Licensed Plumber and inspected by the Plumbing Inspector before any use is allowed. The rate for each 750 gallons will be set by resolution of the City Council at its first meeting in January. 3. If the commercial, industrial, institutional or other user has more than one source of water for one building or use, each of the sources must be metered and the total amount of water metered be used for calculating sewer rates. Section 8. Starting Of Sewer Charges. The sewer charges, described in this Ordinance, shall start thirty (30) days after a sewer connection is applied for. Section 9. Restrictions On Connection Permits. Connection permits shall be issued only to property owners or to such persons, who are duly licensed by the City of Gem Lake, to engage in the business as Sewer Contractors and who have filed bonds and insurance as required by this Ordinance. Section 10. Expiration Of Connection Permits 1. All connection permits shall expire ninety (90) days after the date of issuance, and any and all fees forfeited, unless the work planned and authorized is in actual progress. Section 11. Costs For Major Repairs Or Replacement 1. The costs for major repairs or replacement of portions or all of the existing municipal sanitary sewer System shall be borne by the users of the system. The system is operated as a public utility and exists to Ordinance No. 64F Municipal Sanitary Sewer System Page 4 of 10 serve it users. 2. If a major repair or replacement of the existing system is necessary, all costs of replacement or major repair of any and all parts of the system shall be assessed against the properties served and buildings connected to the existing system. Whenever possible, a project for major repair or replacement will be initiated by the City Council, the City Engineer will prepare specifications, bids taken, and public hearings will occur before major repair or replacement would start. 3. In cases of emergency replacement or repair of the system, the City Council will initially arrange for payment for such replacement or repair and then assess all costs of such repairs or replacement to the system users. Section 12. Licensing of Sewer Contractors 1. Eligibility 1. Any person who has had at least three (3) years of experience in responsible charge of minor sewer work involving a knowledge of trenching, bracing, tunnel work, pipe laying in public streets and all other matters pertaining to and incidental to such sewer work and is a Licensed Plumber or an Unlicensed Plumber who has received and provides copies of a contractor’s bond in the amount of $25,000 issued by the State of Minnesota Department of Health for doing sewer work is eligible to receive a license as a Sewer Contractor in the City of Gem Lake. 2. Application For License 1. Any person desiring to become a sewer contractor shall make application to the City Clerk and shall, if necessary, be required to submit himself to an examination as to his qualifications before the City Engineer or Plumbing Inspector. 3. Examination And Licensing 1. The City Council may approve or reject said application, or may refer the same to the City Engineer or the Plumbing Inspector, for examination as to the applicant's qualifications. If the City Council approves the application, a license authorizing the applicant to engage in the business of sewer contracting shall be issued, but only after the execution and filing of the bond and insurance requirements and payment of the fee is accomplished. 4. Bond And Insurance 1. Before the Sewer Contractor’s License is issued, the licensee shall file, with the City Clerk, the following Bond and Insurance certificate: 1. A bond in favor of the City of Gem Lake, as obligee, with an approved Corporate Surety, in the penal sum of five thousand dollars ($5,000.00), the conditions of which bond shall be that the licensee shall keep the obligee harmless from all costs and charges that may accrue on account of the doing of any work authorized or permitted in making sewer connections in the City of Gem Lake per this Ordinance, that the licensee shall save the obligee harmless from any loss or damage by reason of improper or inadequate work performed by the licensee on projects done per this Ordinance and further that the licensee shall save the obligee harmless from any damage to utility lines, curbs, street, street surfaces or sidewalks. 2. A certificate that insurance is in force covering the licensee for the period covered by the licensee in the following minimum amounts: Property damage, one hundred thousand dollars ($ 100,000.00); Public Liability, two -hundred fifty thousand dollars ($ 250,000.00) each person; and five-hundred thousand dollars ($500,000.00) for each accident. The certificate shall state that the policies covering the lice nsee shall not be canceled without ten (10) days written notice to the City of Gem Lake. 3) A certificate that worker's compensation insurance is in force covering any employee of the licensee for the period covered by the insurance. 5. Re-examination 1. Should the applicant not be approved by the City Council, he may file a second application for Ordinance No. 64F Municipal Sanitary Sewer System Page 5 of 10 subsequent consideration by the City Council, with such examination as to qualifications as the City Council may require, but no applicant shall file more than two (2) applications with a period of one (1) year. 6. Fees 1. The annual license fee shall be that set annually by the City Council at its first meeting in January. Any person allowing his license to expire shall not be permitted to do any of the work authorized under said license during the time between expiration and the issuance of a new license. 7. License Not Transferable 1. A Sewer Contractor's license shall not be transferable. No person holding a license shall allow his name to be used by any other person for the purpose of obtaining permits or to do any of the work for which said license is issued. 8. Revocation Of License 1. The City Council shall have the power to revoke any license upon satisfactory proof that the holder of said license has willfully violated any of the provisions of this Ordinance. A revoked license shall not be re-instated in any manner for a period of six (6) months. The failure to pay, within sixty (60) days, any legitimate claim the City of Gem Lake may have against a sewer contractor shall constitute cause for revocation of a license. 9. Connection To The Municipal Sanitary Sewer System 1. License Required. Only contractors who are licensed as Sewer Contractors by the City of Gem Lake may install sewer pipe materials for commercial/industrial structures and make final connections to the municipal sewer system for all types of structures. 2. No License Required. No license shall be required of contractors or homeowners installing the sewer pipe materials from residential structures to the connection point. Section 13. Statements for Sanitary Sewer Use Charges 1. Charges. The City Clerk shall compute the amount due to the City for sewer charges and render a statement thereof quarterly. All amounts due as shown on the statement shall be payable at the City Hall? on or before the fifth (5th) day of the month following the month the statement is presented. Where service is for less than a quarterly period, the quarterly charge shall be pro-rated on a monthly basis. If a water meter is found to have been operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year. 2. Penalties for Delinquent Payments. A penalty of ten (10%) percent shall be added to all accounts that are not paid in full by said due date. This penalty shall be computed on the unpaid balance of the last billing not paid by the appropriate date at the time each quarterly statement is pre pared and presented. The City reserves the right to shut off service if the account is delinquent for an unreasonable length of time as determined by the City Council. 3. Collection of Delinquent Accounts. Each charge levied by and pursuant to this chapter is hereby made a lien upon the corresponding lot, land or premises served by a connection to the sewer system of the City and all such charges which are on July Thirty -First (3lst) of each year more than thirty (30) days past due and having been properly billed to the occupant of the premises served, shall be certified by the City Clerk to the Auditor of Ramsey County before the tenth (10th) day of October of each year. An administrative fee of fifty ($50.00) dollars shall be added to the delinquent amount. The City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the descriptions of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, collected by the County Treasurer and paid to the City Clerk, along with other taxes. Ordinance No. 64F Municipal Sanitary Sewer System Page 6 of 10 Section 14. Need for Changeover Permit 1. When a request is made for a residential sewer Connection Permit, where an Individual Sewage Treatment System (IST S) is now being used, a Changeover Permit shall also be required. Both the Connection Permit and the Changeover Permit shall be issued at the same time. This Changeover Permit is to ascertain that the existing Individual Sewage Treatment System is properly disconnected and sealed. The Changeover Permit Fee shall be as set annually by resolution of the City Council at its first meeting in January. Section 15. Surface or Ground Water. It shall be unlawful for any owner, occupant, or user of any premises to direct into or allow any storm water, surface water, ground water, well water, or water from industrial or commercial air conditioning systems to drain into the City's sanitary sewer system. roof drains, foundation drains, sump pumps, and other forms of surface drainage shall not be connected to or discharged to the sanitary sewer system. The City shall periodically perform Inflow and Infiltration (I&I) inspections to verify that connections to the City's sanitary sewer system are in compliance with the provisions of this section. Section 16. Materials to be Used. The materials and construction methods described in this section of this Ordinance shall be exclusively used in making sewer connections to the Municipal sewer system: 1. DESCRIPTION CLASS SPECIFICATION JOINT Polyvinyl Chloride (PVC) Sewer Pipe SDR 35 ASTM D3034 Elastomeric Gasket Polyvinyl Chloride (PVC) Sewer Service Pipe Schedule 40 ASTM D1785 Gasket 2. Unless otherwise stated, a sanitary sewer main of eight (8 ") inch diameter shall be expected as the minimum size and service connection pipe shall be at least four (4") inches in diameter. The service connection pipe shall be installed at grades approved by the City Engineer. 3. Joints And Connections. Joints for cast iron pipe and vitrified clay sewer pipe or for joints or connections between different types of pipe shall be in the manner and of a kind prescribed by the City Engineer. The City shall provide a list of various types and kinds of joints an d connections which are approved by the City Engineer and the types and kinds of joints that are prohibited. 4. Unless otherwise authorized, all house sewers shall have a grade of not less than one -eighth (1/8") inch per foot. A grade of one-quarter (1/4") inch should be used whenever practical. The contractor shall check grades before construction proceeds and he shall install the house sewer by exposing the wye at the sewer main or the service stub and at the property line. He shall connect to the wye or service stub and shall lay the house sewer line from the wye or service stub to the building. Whenever possible the connecting sewer shall joint the building at an elevation which is below the basement floor of such building. 5. Alignment. No connecting sewer shall contain bends or a combination of bends which at any point shall be greater than forty-five (45°) degrees and no more than two (2) bends, regardless of angle, shall be permitted in any single house connection except where manholes or clean-outs are constructed at such points and in the manner as directed by the City Engineer. No connecting sewer shall be laid parallel to any bearing wall or footing unless it is placed at least three (3') feet from any such bearing wall or footing. No connecting sewer shall be laid within twenty (20') feet of any existing well unless cast iron soil pipe is used. 6. Authorized by the City Engineer. The foundation of the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good and firm earth, the earth shall be pared and molded to give a full support to the lower third (1/3) of the pipe. Bell holes shall be dug to provide sample space for bells. Care must be exercised in back filling below the center line of the pipe in order to give it proper support. Back filling shall be placed in layers and solidly tamped or packed to two (2') feet above the pipe. Back filling shall not be done until the section to be back filled has been inspected by the City Engineer, his representative Ordinance No. 64F Municipal Sanitary Sewer System Page 7 of 10 and the Plumbing Inspector. 7. Use Of Old House Sewers. Old house sewers or portions thereof may be approved for use by the City Engineer. The City Engineer may request that the old sewer be excavated for the purpose of facilitating inspection. 8. Existing Individual Sewage Treatment System. No house sewer shall be laid across or over any existing cesspool or septic tank unless the existing cesspool or septic tank shall first be pumped clean and filled with earth to the surrounding ground level. Where a sewer connection is laid across or over an existing cesspool or septic tank, only cast iron solid pipe, confirming to ASTM Standard Specifications shall be used for that portion of the connecting sewer. 9. The contents of the existing cesspool or septic tank shall not be discharged into the City of Gem Lake municipal sewer system, but must be disposed of outside the City Limits. 10. Every connecting sewer shall be connected to the municipal sewer system at the wye designated for the property served by the connection, except where otherwise expressly authorized by the City Engineer. All connections made at point other than the designated wye shall be made only under the direct supervision of the City Engineer and in such a manner as he may direct. 11. Tunneling for a distance of not more than six (6) feet is permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid. 12. Independent System Required. Drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any other building . Every Building shall have an independent connection with the sanitary sewer system when such is available, or as approved by the City Engineer 13. Repair Of Public Right-Of-Way. For each connection permit issued, a deposit as indicated in the City’s fee schedule as adopted from time to time, shall be paid to the City Clerk, for restoration of public right-of-way before starting of the project. This deposit will be returned upon satisfactory completion of the connection. Forfeiture of the deposit does not exonerate the permit holder from satisfactory completion of the work. 14. Costs And Expenses For Installation And Connection. eMunicipal sewer system shall be borne by the owner. The owner shall indemnify the City of Gem Lake for any loss or damage that may directly or indirectly be occasioned by the installation of the sewer connection, including the restoring of streets and street surface. Section 17. Treatment of Prohibited Wastes. Where it is determined that any waste discharged or to be discharged has certain characteristics or elements which are or may be harmful to the structures, processes, or operation of the sanitary sewer system or persons operating it, such discharge shall be discontinued or the waste shall be treated prior to its discharge into the system in a manner which will eliminate such characteristics or elements , in accordance with MN Statute, Chapter 473 and MN Rules, Chapter 7049. Section 18. Prohibited Waste Discharge. No person shall discharge, cause, or allow to be discharged into the sanitary sewer system, any waste containing concentrations in excess of the parameters established by the Metropolitan Council Environmental Services Waste Discharge Rules Article IV, Section 406.00. Section 19. Waste Trap and Separators. Oil, grease, and sand waste traps and separators shall be installed for the proper discharge of wastewater containing excessive amounts of oil, grease, sand, or flammable liquids when required by the Minnesota Plumbing Code, Minnesota Rules, Chapter 4714, the Regional Administrator of the Metropolitan Council, or when the city determines such traps or separators are necessary. Waste traps and separators shall be maintained in efficient operating conditions by the owner and at the owner's expense, through the periodic Ordinance No. 64F Municipal Sanitary Sewer System Page 8 of 10 removal of any accumulated residue. If a trap or separator is not properly maintained, the city may have the system, including affected city sewers, cleaned at the owner's expense. Section 20. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the Municipal Sewer Systems. Section 21. Certain Connections Prohibited. No buildings located on property lying outside the limits of the City of Gem Lake shall be connected to that portion of the systems of the City discharging into the MCES, except that the City may permit the installation, maintenance, and operation of a sanitary sewer service connection between its public sewer system and the following described real property, lying beyond the corporate limits of the City, and situated in the City/Village of Gem Lake, County of Ramsey, State of Minnesota, to-wit: The connection of any of the above –described areas of the sanitary sewer system of the City is dependent upon express authorization for such connection being obtained from the City Council. Section 22. Maintenance of Sewer Service. 1. Liability. The City assumes ownership of the sanitary sewer service from the main collector line to the connection. If based on an inspection by the City this portion of the sewer service requires repair the City shall assume all costs associated with the repair. The owner of the premises shall be liable for all repairs required to the portion of the sewer service from the connection point to the residence. 2. Maintenance. The owner of the premises is responsible to maintain the sewer service from the main collector to the residence in functioning condition. Section 23. City Access. Authorized City employees shall have access at reasonable hours of the day to all buildings and premises connected to the municipal sewer system for the purpose of infiltration and inflow inspections without charge to the sanitary sewer consumer. In the event the sanitary sewer consumer denies authorized City employees access, the sanitary sewer consumer will, at their own cost, provide for infilt ration and inflow inspections by a licensed plumber, and said licensed plumber shall be required to provide documentation to City as to validity of the work performed. Section 24. Non-Compliance Surcharge. A quarterly surcharge, as determined by City Council ordinance, shall be added to the utility billing statement for a property where: 1. An inspection has not been allowed or certification provided within thirty (30) days after notice by the City. 2. The necessary installations, inspections, and/or repairs have not been made within the time specified. 3. A surcharge will be added for every quarter during which the property is not in compliance, whether the non-compliance has been for the entire quarter or a portion thereof . Section 25. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the sewer system. Section 26. Violations and Penalties 1. The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction or by any other legal remedy, including the right to prohibit the use of the Municipal sewer system by a person violating or operating contrary to these provisions. 2. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the pro visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a Ordinance No. 64F Municipal Sanitary Sewer System Page 9 of 10 find of not more than One Hundred Dollars ( $100.00) and cost for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. Section 27. Appeals. 1. Application. Application to appeal a sewer bill shall be made on forms provided by the City Clerk, who shall forward completed applications that include the required information to the City Council, which shall act as the Board of Appeals for review. 2. Deadline for Application. Appeals must be made in writing and submitted to the City Clerk within 15 business days of the date the sewer bill was placed in the United States Mail by the City. 3. Review Process. The City Clerk shall refer the Applications to the City Council and establish a date for hearing on the Application. All Applications shall be processed within 30 days of receipt of the Application by the City Clerk. 4. Notice. Notice of the purpose, time and place of a hearing shall be mailed at least 10 days before the date of the hearing to the Applicant. 5. Decision. The decision of the City Council acting as Board of Appeals to grant or deny the appeal requires majority vote of the members present. Decisions of the City Council on appeals shall be final. Section 29. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 30. Repeal of outdated Ordinance. This Ordinance supersedes, replaces and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Section 31. Enactment. This Ordinance No. 64F is placed in full force and effect on June 17, 2025, by a vote of the City Council of the City of Gem Lake. Adopted by the City Council of Gem Lake, Minnesota on 17 of June 2025. Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Ordinance No. 64F Municipal Sanitary Sewer System Page 10 of 10 City of Gem Lake, Ramsey County, Minnesota Municipal Sanitary Sewer System Ordinance No. 64F The Sanitary Sewer System Ordinance of the City of Gem Lake was originally enacted by the City Council as City of Gem Lake Ordinance No. 64 on March 28, 1994. Since that time, the City Council has adopted several changes in keeping with the changing times and needs and wishes of the community. The following table is added to Ordinance No. 64 as an historic reference to those changes. All changes shown below have been incorporated into Or dinance No. 64 and placed in the public domain or made available to the public following the dates shown. Ordinance Description Enactment 64 An Ordinance Regulating The Operation Of The Municipal Sanitary Sewer System; Requiring Connections To Be Made To The Municipal Sanitary Sewer System; Establishing Regulations As To Type And Kinds Of Waste That May Be Disposed Of In The Municipal Sanitary Sewer System; Prohibiting The Discharge Of Any type Or Kind Of Surface Waters Into The Municipal Sanitary Sewer System; Prescribing Rates And Charges For Sewage Disposal Services; Providing For The Issuance Of Permits For and Supervision Of All Connections To The Municipal Sanitary Sewer System; Prescribing Certain Materials And Methods To Be Used For Said Connections; Providing For Licensing Of Sewer Contractors; and, Prescribing Penalties For The Violation Of The Provisions Of This Ordinance March 28, 1994 81 An Ordinance Amending Ordinance No. 64 By Recodifying And Expanding Section 3.2 Definitions, Upgrading References To The Metropolitan Council Environmental Services, Recodifying Table 5.41(4)d, and Providing For Administration Of The Ordinance. January 21, 2003 64D City Clerk Magnuson recodified by adding the word Section to each section and subsection consistent with other ordinances and amended section numbering of Section 13 to properly reflect codification. Section 12 was added for purposes of codification only. No words, language or content were amended in any way that would affect the co ntent of this ordinance. April 6, 2004 64E 64E An Ordinance Amending Ordinance No. 64 By Adding and amending Definitions, Connection Requirements, Rates and Charges, Contractor Licensing and Cost Assessment and incorporating changes into Ordinance No. 64 as Ordinance No. 64E. July 14, 2004 93 An Ordinance amending Ordinance 64E by adding a provision to the existing text of Section 5.2.1 providing for the certification of unpaid connection charges to the County Auditor. February 10, 2009 64F Moving sections related to the Municipal Sanitary Sewer System from Ordinance 129 to 64F, revising definitions and city procedures and processes, moving fees to the City’s Fee Schedule, and updating formatting. June 17, 2025 Ordinance No. 129 Municipal Water System Page 1 of 9 City of Gem Lake, Ramsey County, Minnesota Municipal Water Systems Ordinance No. 129 AN ORDINANCE REGARDING REQUIREMENTS AND FUNDING, FOR MUNICIPAL WATER SERVICES, AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE The City Council of the City of Gem Lake ordains: Section 1. Definitions. 1. Definitions: The following words and terms, whenever they occur in this Ordinance, are defined as follows: 1. Assessment. A charge made to affected property owners for improvements that increases or maintains their property’s value or enhances the health and safety of their neighborhood. 2. Connection. The physical connection between the water piping in a residence or building and the municipal water system. 3. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the municipal water system. 4. Extension. An addition to the municipal water system determined to be added by petition, decree, or for health and safety reasons. 5. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new connection to the municipal water system. 6. MCES. Metropolitan Council Environmental Services, the primary operator of the regional sewer system and its successors and assigns. 7. Municipal Water System. The water system of the city of Gem Lake. Also referred to within this ordinance as “municipal water system.”. 8. Water Availability Charge (WAC). A charge levied to each new user of the municipal water system to help pay for continued maintenance of the system. 9. Unit. A method for calculating the costs for use of the system. Section 2. Municipal Water. The City’s municipal water system consists of water main, meter vaults, service piping, and appurtenances located within the public right-of-way and applicable easements. The municipal water system. shall be operated as a public utility from which revenue shall be derived, subject to the provisions of this chapter. Compliance with Regulations. No person, firm, or corporation shall connect any water service to the municipal water orsystem or make use of the systems except in the manner provided in this chapter. All connections to or extensions of the systems shall be in accordance with relevant portions of the Minnesota Building Code, Minnesota Plumbing Code, and City of Gem Lake Standard Details for utility constru ction. 1. 2. Water Fund. The City shall maintain on the official books and records of the City a separate and special fund to be designated as the Water Fund, which shall be held and administered by the City separate and apart from all other funds until the purposes for its creation have been accomplished. 2. Section 2. Connections with Water Required. 1. Existing Structures. Any buildings presently used or capable of being used for human habitation or in which a toilet or other plumbing facilities for disposal of human waste is installed and located on property adjacent to a water main, or in the platted block through which th e system extends, shall be connected to the municipal water system within ten years from the date on which a connection is available to such building. Where the property owner has failed to connect to the system within ten years the following procedures shall be followed: 2.1. Ordinance No. 129 Municipal Water System Page 2 of 9 1. The property owner shall be notified that it is the intent of the City to connect the property to the water system andsystem and assess the cost of connection against the property owner. The notice shall be mailed by registered mail to the property address. 2.1. 3. The cost of the improvement shall include all costs incurred by the City in order to connect the property to the main water line and shall include City permit and connection charges which must be submitted to the Metropolitan Council Environmental Services , if connected to the municipal wastewater system. 4.2. 3.2. New Structures. All buildings hereafter constructed within the City on property adjacent to a water line or in a platted block through which the municipal water system extends, shall be provided with a connection to the water system before occupancy of the building shall be allowed , or a certificate of occupancy issued. Section 3. Municipal Water System Charges. A portion of the cost of constructing and maintaining the water system shall be recovered by the imposition of special assessments pursuant to Minnesota Statutes Chapter 429, trunk water facilities charges, and connection charges. 1. Trunk Water Facility Charges. The trunk water facility charge shall be collected when the property is platted, subdivided, or otherwise developed. These charges are required to be paid to the City prior to the City accepting the lateral water mains, pipes, and appurtenances constructed by the property owner. The charge is calculated as a lump sum amount determined by multiplying a front foot charge , (as established by the City’s Fee Schedule and adopted by ordinance) times the lineal feet of all streets within or abutting the plat, subdivision or development and shall be computed by the EngineerCity Engineer and paid by the property owner to the City prior to the issuance of any building permit. 2.1. 3. Connection Charge. A connection charge, as established by the City’s Fee Schedule and adopted by ordinance, shall be collected when housing units are connected to the municipal water system. In addition, before a connection permit will be issued, the City shall determine that one of the following conditions exist: 4.2. 1. The lot or tract of land to be served by such connection or tap has been specially assessed for the cost of constructing the water main and trunk water systems with which the connection is made; or 2.1. 3. If no special assessment has been levied for such construction cost, the proceedings for levying special assessments have been or will be commenced and completed in due course; or 4.2. 5. If no special assessment has been levied, and no special assessment proceedings will be completed in due course, a sum equal to the portion of the cost of constructing the water main and trunk water system, which would be assessable against said lot or tract, has been paid to the City; o rr 6.3. 4. If none of the above conditions are met, the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of constructing the water main and trunk water system which would be assessable against said lot or tract serviced by the connection. Said assessable cost is to be determined by the City Engineer upon the same basis as any assessment previously levied against other property for the water main and trunk water system. If no special assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar tapping or connection with said main and trunk system, determined on the basis of the total assessable cost of the water main and trunk water system, allocated on a frontage basis, plus the cost of service or services. 7.5. In the event that the City of Gem Lake is serving a property in an adjacent city or jurisdiction, the connection charge applied by Gem Lake will be in addition to any connection charge required by the city in which the property is located. Section 4. Municipal Water Connection Permits. A permit must be obtained to connect to the water system. The connection permit fee, as established by the City’s Fee Schedule and adopted by ordinance, shall be submitted at the time of permit application. All permits for service installations shall be made by the owner of the property, or their Ordinance No. 129 Municipal Water System Page 3 of 9 duly authorized agent, and shall state the size and location of the service connection and all other information as required. The applicant shall pay to the City prior to the issuance of the permit, the total amount of fees or deposit required for the installation of the service connection as herein provided. City inspections are required for all connections to, and extensions of, the municipal water system. Section 5. Statements for Water Use Charges 1. Charges. The City Clerk shall compute the amount due to the City for water charges and render a statement thereof quarterly. All amounts due as shown on the statement shall be payable at the Municipal BuildingCity Hall on or before the fifth (5th) day of the month following the month within 35 days following the date the statement is presented. Where service is for less than a quarterly period, the quarterly charge shall be pro-rated on a monthly basis. If a water meter is found to have been operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year. 2.1. 3. Penalties for Delinquent Payments. A penalty of ten (10%) percent shall be added to all accounts that are not paid in full by said due date. This ten (10%) percent penalty shall be computed on the unpaid balance of the last billing not paid by the appropriate date at the time each quarterly statement is prepared and presented. The City reserves the right to shut off water service , given the City provides the property owner with a 30-day notice, if the account is delinquent for an unreasonable length of tim e as determined by the City Council. A water shut off/turn on fee will be incurred for shut off due to delinquent payment. The property owner may request a hearing to appeal the disconnection or request a payment plan. 1. Minnesota State Statute provides regulations on when water shut offs are permitted and prohibited. The City of Gem Lake abides by Minnesota State Statutes 216B as amended from time to time. 4.2. 5.3. Collection of Delinquent Accounts. Each charge levied by and pursuant to this chapter is hereby made a lien upon the corresponding lot, land, or premises served by a connection to the water system of the City andsystem, and all such charges which are on July Thirty-First (3lst) of each year more than thirty (30) days past due and having been properly billed to the occupant of the premises served, shall be certified by the City Clerk to the Auditor of Ramsey County before the tenth (10th) day of October of each year. An administrative fee of fifty ($50.00) dollars shall be added to the delinquent amount. The City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the descriptions of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, collected by the County Treasurer and paid to the City Clerk, along with other taxes. Section 6. Service Charges Relating to Municipal Water Utility. When actions or activities of water customers require coordination with or a call out of City utility personnel (e.g.e.g., turning water supply on/off at curbs tops), a water service charge shall be assessed to the utility account. When the call out occurs outside of normal business hours, it will be deemed an emergency call out. The service charges for regular and emergency call outs will be established by the City’s Fee Schedule and adopted by ordinanceGem Lake City Council ordinance. Section 7. . Discontinuance of Water Service. 1. Conditions. The City reserves the right to discontinue service to any consumer of the municipal water system whenever: 1. The owner or occupant of the premises served, or any persons working on any pipes or equipment thereon which are connected with the water system, has violated or threatens to violate or causes to be violated, any of the City's water utility regulationsthe requirements of this chapter. 2.1. 3. In the judgment of the City or its designee, such action is necessary to protect the purity of the municipal water supply or the safety of the water system and/or life, health, or safety of its consumers. 4.2. 5. Any charge for water, service, meter, or other financial obligation imposed on the present or former owner or occupant of the premises served, is not paid. Ordinance No. 129 Municipal Water System Page 4 of 9 6.3. 7. The owner or occupant of the premises served has made fraudulent statements or misrepresentations in connection with an application for service. 8.4. 9. The property is unsecured and/or vacant. 10.5. 2. Procedure. Prior to shut off, the property will be posted, and the owner and/or occupant of the property shall be mailed notice to the last address shown on the application on file with the City and current billing statements. Said notice shall advise the owner and/or occupant of the reason for the proposed shut off and that a hearing may be requested in writing within ten (10) days of the date shown on the notice given to them. It shall further provide that failure to request a hearing in writing to the Ci ty shall be deemed a waiver and that thhe water will be shut off upon the expiration of the ten (10) days. Section 8. Authorized Water Shutdowns. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting. When making repairs to existing infrastructure or construction of new infrastructure, water may be shut off at any time and kept shut off as long as necessary. Section 9. Maintenance of Service Pipe. It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building. In the case of failure upon the part of any consumer or owner to repair any leak occurring in the pipe within twenty-four (24) hours after verbal or written notice by the City thereof, the water will be shut off. When the waste of water is great, or when damage is likely to result from the leak, water may be turned off immediately pending repairs. Section 10. Water Service Lines. In order to eliminate a health or safety hazard from private property, the City is authorized to install or repair water service lines from a city water main to a private dwelling or to contract for such work. The cost of installing or repairing water service lines may be specially assessed against the benefited property , and the city may issue obligations to defray the expense of such work all pursuant to the provisions of Minnesota Statutes Chapter 429 and its subdivisions. Section 11. Cross-Connection Control. Cross-connection between the water system and other systems, private wells, or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, as approved by the Citycity, suitable backflow prevention devices are installed, tested, and maintained to ensure proper operation on a continuing basis as per the following requirements: 1. A backflow prevention device is to be owned, tested, and maintained by the customer/owner of the premises being served.. 2.1. 3. Installation, maintenance, and testing of backflow preventers shall be according to the State of Minnesota Plumbing Code. 4.2. 1. It is required that reduced pressure zone backflow preventers be tested annually and overhauled at intervals not to exceed five years. Testing shall be performed by a qualified backflow tester . A licensed plumber qualified in backflow testing shall perform all internal maintenance to the device. Test results shall be furnished to the cCity. 2.1. 3. A person who is recognized by the Minnesota Department of Health Labor and Industry as a backflow preventer tester is considered qualified by the Citycity to test backflow preventers and certify them to be functional. 4.2. 5.3. Failure to comply with the provisions of this section shall be cause to discontinue water service as outlined under Section 7. Section 12. Water Use Restrictions. A sprinkling ban is adopted in order to encourage water conservation, and to ensure availability of an adequate supply of City water without incurring unnecessary capital expenditures. Ordinance No. 129 Municipal Water System Page 5 of 9 1. Water Use Restriction. Except as hereinafter provided, the watering of lawns, gardens, and shrubs is prohibited from May 15 through September 15 annually. 2.1. 1. Exceptions. 2.1. 1. Properties with odd numbered postal addresses may water on odd numbered days. 2.1. 3. Properties with even numbered postal addresses may water on even numbered days. 4.2. 5. Private wells may be used on any day. 6.3. 7. Watering newly sodded or seeded yards is allowed upon receipt of an exemption permit from the Public Works Department for a period of two (2) weeks .. 8.4. 9. Attended watering of plants, shrubs, and gardens may be watered by hand on any day .. 10.5. 3. Enforcement. Violations of the water use restrictions will result in a warning letter for first violations. Subsequent violations will result in the imposition of administrative fines and the imposition of administrative fines that will be reflected on the next utility bill or in the issuance of a citation in accordance with adopted Council ordinance. 4.2. 5. City Council Resolution. During dry weather periods, the City Council may impose additional restrictions on the use of City water by the adoption of an appropriate resolution. Any violation of the water restriction resolution shall be referred to the City Attorney for prosecution as a misdemeanor. Section 13. Operation of Fire Hydrants. No person other than authorized City employees shall operate fire hydrants, or interfere in any way with the water system without first obtaining a permit to do so from the City, subject to the following conditions: 1. Permit. A hydrant meter permit to use a fire hydrant for the purpose of purchasing water from the Citycity is required. The permit shall state the applicant's name and address, phone number, location of the work site, and type of work being conducted. 2.1. 3. Deposit. The applicant shall be required to make a deposit, as determined by City Ordinancethe City’s Fee Schedule as adopted by ordinance, to guarantee payment for water used and to cover breakage and/or damage to the hydrant or meter. Charges will be deducted from the deposit, and a billing or refund will be generated. 4.2. 5.3. Charges. The applicant shall pay rental charges for each thirty-day period or fraction thereof, and water use charges as determined by the City’s Fee Schedule as adopted by ordinance. Section 14. Water Service Contractors. A license is required. All water service work shall be performed by certified contractors licensed by the appropriate State authority. This section shall not apply to homeowners performing work on their own premises. Section 15. Water Meters. Except for extinguishing of fire, no person except authorized City employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied or approved by the City. Only per sons authorized by the City shall connect, disconnect, take apart, or in any manner change or cause to be changed, or interfere with any such meter or the action thereof. 1. Charge. At the time of the initial connection to the water system, a charge for water meters shall be paid to the City by customers before delivery of the water meter for installation. Said charge shall be determined by the City’s Fee Schedule as adopted by ordinance. 2.1. 3. Maintenance. The City shall retain ownership of water meters and shall be responsible for standard maintenance and repair. Costs associated with replacement, repair, or adjustment of a meter due to any act, Ordinance No. 129 Municipal Water System Page 6 of 9 carelessness, or neglect of the owner or occupants of the premises shall be charged against and collected from the water consumer. Water service may be discontinued , as outlined under Section 7, until the cause is corrected and the amount charged is collected. 4.2. 5. Testing. Upon written request, the City will re-read water meters and test the meter for accuracy, if necessary. In case a test should show an error of over five percent of the water consumed in favor of the Citycity, a correctly registering meter will be installed and adjustments to water billing statements will be considered. In case the test shows an accurate measurement of water or an error in favor of the consumer, the expenses of making such a test, and the additional costs, if any, will be included on the next quarterly statement. The meter testing charges will be established by the City’s Fee Schedule as adopted by ordinanceCity Council ordinance. 6.3. City Access. Authorized City employees shall have access at reasonable hours of the day to all buildings and premises connected to the municipal water system for the purpose of maintenance of water meters without charge to the water consumer. In the event the water co nsumer denies authorized City employee access, the water consumer will, at their own cost, provide for meter replacement or maintenance by a licensed plumber, and said licensed plumber shall be required to provide documentation to City as to validity of the work performed. 7.4. Section 16. Private Wells. The use of private wells may continue after connection is made to the water system, provided there is no means of cross-connection between the private well and the municipal supply at any time. Hose bibs that will enable a cross connection of the two systems are prohibited on internal and external piping. The threads on the boiler drain of the well volume tank shall be removed or the boiler drain hose bib replaced with a sink faucet. When both private and municipal water systems are in use, outside hose bibs shall not be installed on piping connected to the municipal water system. Section 17. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the Municipal Sewer or Water Systems municipal water system. Section 18. Violations and Penalties. 1. The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction or by any other legal remedy, including the right to prohibit the use of the water system by a person violating or operating contrary to these provisions. 2. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the pro visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a find of not more than One Hundred Dollars ( $100.00) and cost for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. Section 19. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 20. Repeal of outdated Ordinance. This Ordinance supersedes, replaces, and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Ordinance No. 129 Municipal Water System Page 7 of 9 Ordinance No. 129 Municipal Water System Page 8 of 9 Section 21. Enactment. This Ordinance No. 129 is placed in full force and effect on June 17, 2025, by a vote of the City Council of the City of Gem Lake. Adopted by the City Council of Gem Lake, Minnesota on 17 of June 2025. Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Ordinance No. 129 Municipal Water System Page 9 of 9 City of Gem Lake, Ramsey County, Minnesota Municipal Water Systems Ordinance No. 129 This ordinance regarding requirements and funding, for municipal water services, and providing for the collections of charges in the City of Gem Lake, was originally enacted by the city on October 18, 2022. The City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 129 Ordinance adopted originally as “AN ORDINANCE REGULATING RATES FOR MUNICIPAL WATER AND SEWER SERVICES AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE” October 2022 129 Amendment moving the requirements of the sanitary sewer system into Ordinance 64F, reformatting of content, and updating definitions. June 17, 2025 Ordinance No. 129 Municipal Water System Page 1 of 7 City of Gem Lake, Ramsey County, Minnesota Municipal Water System Ordinance No. 129 AN ORDINANCE REGARDING REQUIREMENTS AND FUNDING, FOR MUNICIPAL WATER SERVICES, AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE The City Council of the City of Gem Lake ordains: Section 1. Definitions. 1. Definitions: The following words and terms, whenever they occur in this Ordinance, are defined as follows: 1. Assessment. A charge made to affected property owners for improvements that increases or maintains their property’s value or enhances the health and safety of their neighborhood. 2. Connection. The physical connection between the water piping in a residence or building and the municipal water system. 3. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the municipal water system. 4. Extension. An addition to the municipal water system determined to be added by petition, decree, or for health and safety reasons. 5. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new connection to the municipal water system. 6. MCES. Metropolitan Council Environmental Services, the primary operator of the regional sewer system and its successors and assigns. 7. Municipal Water System. The water system of the city of Gem Lake. Also referred to within this ordinance as “municipal water system.” 8. Water Availability Charge (WAC). A charge levied to each new user of the municipal water system to help pay for continued maintenance of the system. 9. Unit. A method for calculating the costs for use of the system. Section 2. Municipal Water. The City’s municipal water system consists of water main, meter vaults, service piping, and appurtenances located within the public right-of-way and applicable easements. The municipal water system shall be operated as a public utility from which revenue shall be derived, subject to the provisions of this chapter. 1. Compliance with Regulations. No person, firm, or corporation shall connect any water service to the municipal water system or make use of the system except in the manner provided in this chapter. All connections to or extensions of the systems shall be in accordance with relevant portions of the Minnesota Building Code, Minnesota Plumbing Code, and City of Gem Lake Standard Details for utility constru ction. 2. Water Fund. The City shall maintain on the official books and records of the City a separate and special fund to be designated as the Water Fund, which shall be held and administered by the City separate and apart from all other funds until the purposes for its creation have been accomplished. Ordinance No. 129 Municipal Water System Page 2 of 7 Section 2. Connections with Water Required. 1. Existing Structures. Any buildings presently used or capable of being used for human habitation or in which a toilet or other plumbing facilities for disposal of human waste is installed and located on property adjacent to a water main, or in the platted block through which th e system extends, shall be connected to the municipal water system within ten years from the date on which a connection is available to such building. Where the property owner has failed to connect to the system within ten years the following procedures shall be followed: 1. The property owner shall be notified that it is the intent of the City to connect the property to the water system and assess the cost of connection against the property owner. The notice shall be mailed by registered mail to the property address. 2. The cost of the improvement shall include all costs incurred by the City in order to connect the property to the main water line and shall include City permit and connection charges which must be submitted to the Metropolitan Council Environmental Services , if connected to the municipal wastewater system. 2. New Structures. All buildings hereafter constructed within the City on property adjacent to a water line or in a platted block through which the municipal water system extends, shall be provided with a connection to the water system before occupancy of the building shall be allowed , or a certificate of occupancy issued. Section 3. Municipal Water System Charges. A portion of the cost of constructing and maintaining the water system shall be recovered by the imposition of special assessments pursuant to Minnesota Statutes Chapter 429, trunk water facilities charges, and connection charges. 1. Trunk Water Facility Charges. The trunk water facility charge shall be collected when the property is platted, subdivided, or otherwise developed. These charges are required to be paid to the City prior to the City accepting the lateral water mains, pipes, and appurtenances constructed by the property owner. The charge is calculated as a lump sum amount determined by multiplying a front foot charge (as established by the City’s Fee Schedule and adopted by ordinance ) times the lineal feet of all streets within or abutting the plat, subdivision or development and shall be computed by the City Engineer and paid by the property owner to the City prior to the issuance of any building permit. 2. Connection Charge. A connection charge, as established by the City’s Fee Schedule and adopted by ordinance, shall be collected when housing units are connected to the municipal water system. In addition, before a connection permit will be issued, the City shall determine that one of the following conditions exist: 1. The lot or tract of land to be served by such connection or tap has been specially assessed for the cost of constructing the water main and trunk water systems with which the connection is made; or 2. If no special assessment has been levied for such construction cost, the proceedings for levying special assessments have been or will be commenced and completed in due course; or 3. If no special assessment has been levied, and no special assessment proceedings will be completed in due course, a sum equal to the portion of the cost of constructing the water main and trunk water system, which would be assessable against said lot or tra ct, has been paid to the City; or 4. If none of the above conditions are met, the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of constructing the water main and trunk water system which would be assessable against said lot or tract serviced by the connection. Said assessable cost is to be determined by the City Engineer upon the same basis as any assessment previously levied against other property for the water main and trunk water system. If no special assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar tapping or connection with said main and trunk system, determined on the basis of the total as sessable cost of the water main and trunk water system, allocated on a frontage basis, plus the cost of service or services. 5. In the event that the City of Gem Lake is serving a property in an adjacent city or jurisdiction, the connection charge applied by Gem Lake will be in addition to any connection charge required by the city in which the property is located. Ordinance No. 129 Municipal Water System Page 3 of 7 Section 4. Municipal Water Connection Permits. A permit must be obtained to connect to the water system. The connection permit fee, as established by the City’s Fee Schedule and adopted by ordinance, shall be submitted at the time of permit application. All permits for service installations shall be made by the owner of the property, or their duly authorized agent, and shall state the size and location of the service connection and all other information as required. The applicant shall pay to the City prior to the issuance of the permit, the total amount of fees or deposit required for the installation of the service connection as herein provided. City inspections are required for all connections to, and extensions of, the municipal water system. Section 5. Statements for Water Use Charges 1. Charges. The City Clerk shall compute the amount due to the City for water charges and render a statement thereof quarterly. All amounts due as shown on the statement shall be payable at the City Hall within 35 days following the date the statement is presented. Where service is for less than a quarterly period, the quarterly charge shall be pro-rated on a monthly basis. If a water meter is found to have been operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year. 1. Penalties for Delinquent Payments. A penalty of ten (10%) percent shall be added to all accounts that are not paid in full by said due date. This penalty shall be computed on the unpaid balance of the last billing not paid by the appropriate date at the time each quarterly statement is prepared and presented. The City reserves the right to shut off water service , given the City provides the property owner with a 30-day notice, if the account is delinquent for an unreasonable length of time as determined by the City Council. A water shut off/turn on fee will be incurred for shut off due to delinquent payment. The property owner may request a hearing to appeal the disconnection or request a payment plan. Minnesota State Statute provides regulations on when water shut offs are permitted and prohibited. The City of Gem Lake abides by Minnesota State Statutes 216B as amended from time to time. 2. Collection of Delinquent Accounts. Each charge levied by and pursuant to this chapter is hereby made a lien upon the corresponding lot, land, or premises served by a connection to the water system, and all such charges which are on July Thirty-First (3lst) of each year more than thirty (30) days past due and having been properly billed to the occupant of the premises served, shall be certified by the City Clerk to the Auditor of Ramsey County before the tenth (10th) day of October of each year. An administrative fee of fifty ($50.00) dollars shall be added to the delinquent amount. The City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the descriptions of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, collected by the County Treasurer and paid to the City Clerk, along with other taxes. Section 6. Service Charges Relating to Municipal Water Utility. When actions or activities of water customers require coordination with or a call out of City utility personnel (e.g., turning water supply on/off at curbs tops), a water service charge shall be assessed to the utility account. When the call out occurs outside of normal business hours, it will be deemed an emergency call out. The service charges for regular and emergency call outs will be established by the City’s Fee Schedule and adopted by ordinance. Section 7. Discontinuance of Water Service. 1. Conditions. The City reserves the right to discontinue service to any consumer of the municipal water system whenever: 1. The owner or occupant of the premises served, or any persons working on any pipes or equipment thereon which are connected with the water system, has violated or threatens to violate or causes to be violated, the requirements of this chapter. 2. In the judgment of the City or its designee, such action is necessary to protect the purity of the municipal water supply or the safety of the water system and/or life, health, or safety of its consumers. 3. Any charge for water, service, meter, or other financial obligation imposed on the present or former owner or occupant of the premises served is not paid. 4. The owner or occupant of the premises served has made fraudulent statements or misrepresentations in connection with an application for service. Ordinance No. 129 Municipal Water System Page 4 of 7 5. The property is unsecured and/or vacant. 2. Procedure. Prior to shut off, the property will be posted, and the owner and/or occupant of the property shall be mailed notice to the last address shown on the application on file with the City and current billing statements. Said notice shall advise the owner and/or occupant of the reason for the proposed shut off and that a hearing may be requested in writing within ten (10) days of the date shown on the notice given to them. It shall further provide that failure to request a hearing in writing to the City shall be deemed a waiver and that the water will be shut off upon the expiration of the ten (10) days. Section 8. Authorized Water Shutdowns. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting. When making repairs to existing infrastructure or construction of new infrastructure, water may be shut off at any time and kept shut off as long as necessary. Section 9. Maintenance of Service Pipe. It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building. In the case of failure upon the part of any consumer or owner to repair any leak occurring in the pipe within twenty-four (24) hours after verbal or written notice by the City thereof, the water will be shut off. When the waste of water is great, or when damage is likely to result from the leak, water may be turned off immediately pending repairs. Section 10. Water Service Lines. In order to eliminate a health or safety hazard from private property, the City is authorized to install or repair water service lines from a city water main to a private dwelling or to contract for such work. The cost of installing or repairing water service lines may be specially assessed against the benefited property , and the city may issue obligations to defray the expense of such work all pursuant to the provisions of Minnesota Statutes Chapter 429 and its subdivisions. Section 11. Cross-Connection Control. Cross-connection between the water system and other systems, private wells, or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, as approved by the city, suitable backflow prevention devices are installed, tested, and maintained to ensure proper operation on a continuing basis as per the following requirements: 1. A backflow prevention device is to be owned, tested, and maintained by the customer/owner of the premises being served. 2. Installation, maintenance, and testing of backflow preventers shall be according to the State of Minnesota Plumbing Code. 1. It is required that reduced pressure zone backflow preventers be tested annually and overhauled at intervals not to exceed five years.. A licensed plumber qualified in backflow testing shall perform all internal maintenance to the device. Test results shall be furnished to the city. 2. A person who is recognized by the Minnesota Department of Labor and Industry as a backflow preventer tester is considered qualified by the city to test backflow preventers and certify them to be functional. 3. Failure to comply with the provisions of this section shall be cause to discontinue water service as outlined under Section 7. Section 12. Water Use Restrictions. A sprinkling ban is adopted in order to encourage water conservation, and to ensure availability of an adequate supply of City water without incurring unnecessary capital expenditures. 1. Water Use Restriction. Except as hereinafter provided, the watering of lawns, gardens, and shrubs is prohibited from May 15 through September 15 annually. 1. Exceptions. 1. Properties with odd numbered postal addresses may water on odd numbered days. 2. Properties with even numbered postal addresses may water on even numbered days. 3. Private wells may be used on any day. 4. Watering newly sodded or seeded yards is allowed upon receipt of an exemption permit from the Public Works Department for a period of two (2) weeks . 5. Attended watering of plants, shrubs, and gardens may be watered by hand on any day . Ordinance No. 129 Municipal Water System Page 5 of 7 2. Enforcement. Violations of the water use restrictions will result in a warning letter for first violations. Subsequent violations will result in the imposition of administrative fines and the imposition of administrative fines that will be reflected on the next utility bill or in the issuance of a citation in accordance with adopted Council ordinance. 3. City Council Resolution. During dry weather periods, the City Council may impose additional restrictions on the use of City water by the adoption of an appropriate resolution. Any violation of the water restriction resolution shall be referred to the City Attorney for prosecution as a misdemeanor. Section 13. Operation of Fire Hydrants. No person other than authorized City employees shall operate fire hydrants, or interfere in any way with the water system without first obtaining a permit to do so from the City, subject to the following conditions: 1. Permit. A hydrant meter permit to use a fire hydrant for the purpose of purchasing water from the city is required. The permit shall state the applicant's name and address, phone number, location of the work site, and type of work being conducted. 2. Deposit. The applicant shall be required to make a deposit, as determined by the City’s Fee Schedule as adopted by ordinance, to guarantee payment for water used and to cover breakage and/or damage to the hydrant or meter. Charges will be deducted from the deposit, and a billing or refund will be generated. 3. Charges. The applicant shall pay rental charges for each thirty-day period or fraction thereof, and water use charges as determined by the City’s Fee Schedule as adopted by ordinance. Section 14. Water Service Contractors. All water service work shall be performed by certified contractors licensed by the appropriate State authority. This section shall not apply to homeowners performing work on their own premises. Section 15. Water Meters. Except for extinguishing of fire, no person except authorized City employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied or approved by the City. Only per sons authorized by the City shall connect, disconnect, take apart, or in any manner change or cause to be changed, or interfere with any such meter or the action thereof. 1. Charge. At the time of the initial connection to the water system, a charge for water meters shall be paid to the City by customers before delivery of the water meter for installation. Said charge shall be determined by the City’s Fee Schedule as adopted by ordinance. 2. Maintenance. The City shall retain ownership of water meters and shall be responsible for standard maintenance and repair. Costs associated with replacement, repair, or adjustment of a meter due to any act, carelessness, or neglect of the owner or occupants of the prem ises shall be charged against and collected from the water consumer. Water service may be discontinued , as outlined under Section 7, until the cause is corrected and the amount charged is collected. 3. Testing. Upon written request, the City will re-read water meters and test the meter for accuracy, if necessary. In case a test should show an error of over five percent of the water consumed in favor of the city, a correctly registering meter will be installed and adjustments to water billing statements will be considered. In case the test shows an accurate measurement of water or an error in favor of the consumer, the expenses of making such a test, and the additional costs, if any, will be included on the next quarterly statement. The meter testing charges will be established by the City’s Fee Schedule as adopted by ordinance. 4. City Access. Authorized City employees shall have access at reasonable hours of the day to all buildings and premises connected to the municipal water system for the purpose of maintenance of water meters without charge to the water consumer. In the event the water co nsumer denies authorized City employee access, the water consumer will, at their own cost, provide for meter replacement or maintenance by a licensed plumber, and said licensed plumber shall be required to provide documentation to City as to validity of the work performed. Ordinance No. 129 Municipal Water System Page 6 of 7 Section 16. Private Wells. The use of private wells may continue after connection is made to the water system, provided there is no means of cross-connection between the private well and the municipal supply at any time. Hose bibs that will enable a cross connection of the two systems are prohibited on internal and external piping. The threads on the boiler drain of the well volume tank shall be removed or the boiler drain hose bib replaced with a sink faucet. When both private and municipal water systems are in use, outside hose bibs shall not be installed on piping connected to the municipal water system. Section 17. Tampering with Municipal System is Prohibited. No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the municipal water system. Section 18. Violations and Penalties. 1. The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction or by any other legal remedy, including the right to prohibit the use of the water system by a person violating or operating contrary to these provisions. 2. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the pro visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a find of not more than One Hundred Dollars ( $100.00) and cost for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. Section 19. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordi nance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 20. Repeal of Outdated Ordinance. This Ordinance supersedes, replaces, and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Section 21. Enactment. This Ordinance No. 129 is placed in full force and effect on June 17, 2025, by a vote of the City Council of the City of Gem Lake. Adopted by the City Council of Gem Lake, Minnesota on 17 of June 2025. Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Ordinance No. 129 Municipal Water System Page 7 of 7 City of Gem Lake, Ramsey County, Minnesota Municipal Water System Ordinance No. 129 This ordinance regarding requirements and funding, for municipal water services, and providing for the collections of charges in the City of Gem Lake, was originally enacted by the city on October 18, 2022. The City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 129 Ordinance adopted originally as “AN ORDINANCE REGULATING RATES FOR MUNICIPAL WATER AND SEWER SERVICES AND PROVIDING FOR THE COLLECTIONS OF CHARGES IN THE CITY OF GEM LAKE” October 2022 129 Amendment moving the requirements of the sanitary sewer system into Ordinance 64F, reformatting of content, and updating definitions. June 17, 2025 Section 6 Updated January 1, 2025 4 Septic Permits Residential Septic Permit Fees Permit Type Permit Fee Comments Abandon Subsurface Sewage Treatment Systems (SSTS) $125.00 Install New Subsurface Sewage Treatment Systems (SSTS) $300.00 Repair Subsurface Sewage Treatment Systems (SSTS) $75.00 Replace Subsurface Sewage Treatment Systems (SSTS) $125.00 ISTS Septic Inspection (performed annually) $45.00 Effective 1/1/2025 ISTS Re-Inspection $80.00 Section 7 Sewer & Water Permits Residential Sewer & Water Permit Fees Permits are based on the fees below, plus $1.00 state surcharge. Permit Type Permit Fee Comments New Outside Sewer Line $75.00 New Outside Water & Sewer Line $125.00 New Outside Water Line $75.00 Open Cut of Road to Tap Main $75.00 Repair Outside Sewer Line $75.00 Repair Outside Water & Sewer Line $125.00 Repair Outside Water Line $75.00 Sewer Inspection Fee $40.00 Sewer Tap $175.00 Sewer & Water Tap $225.00 Sewer Re-Inspection Fee $80.00 Water Tap $175.00 Commercial Sewer & Water Permit Fees Fee is 1% of the valuation with a minimum of $125.00 and a surcharge of .0005 × valuation Sewer and Water Connection Fees Buildings or dwellings existing or constructed in the City of Gem Lake must connect to the municipal water and sanitary sewer system so long as it is reasonably available. Commercial buildings must connect within one (1) year and residential buildings must connect within ten (10) years from the time a connection is available to any such property. Metropolitan Council Sewer Availability Charge (SAC) units and fees are established by the Metropolitan Council per state statute MN 473.517. Prior to connecting to public utilities, the owner or representative must pay the following fees: Sewer Connection Fees Dwelling Type Fees Comments Single Family Dwellings $75.00 Plus SAC per unit (Sewer Changeover Permit from Septic or New Construction) Two-Family Dwellings $75.00 Plus SAC per unit (Sewer Changeover Permit from Septic or New Construction) Sewer Availability Charge (SAC) - City $1,000.00 per unit As established by the City. See the table below for the unit basis. Sewer Availability Charge (SAC) – Met Council $2,485.00 As established by the Metropolitan Council Public Right-of-Way Restoration Deposit $5,000 Ord 64F Section 17.13, “This deposit will be returned upon satisfactory completion of the connection.” Water Connection Fees Dwelling Type Fees Comments Single Family Dwellings $75.00 Plus WAC per unit (Water Changeover Permit from Well or New Construction) Two-Family Dwellings $75.00 Plus WAC per unit (Water Changeover Permit from Well or New Construction) Water Availability Charge (WAC) – Gem Lake $1,500.00 per unit As established by the City Water Shut Off/Turn On Fee $50.00 Ord 129 Section 5.2 The annual local charge for use of the Municipal Sanitary Sewer System shall be based upon a UNIT system, with one unit being equal to 100,000 gallons of flow or part thereof. The following types of structures or business shall have UNIT ratings based as shown in below: Structure Type # Units Type Of Structure Each Single Family Dwelling 1 Unit(s) Each Single Family Dwelling Each Hotel Or Motel Unit 1/3 Unit(s) Each Hotel Or Motel Unit One Mobile Home Unit Or Apartment Unit ½ Unit(s) One Mobile Home Unit Or Apartment Unit Industrial Or Commercial structures (per 1,000 sq.ft. of floor area) ½ Unit(s) Minimum 2 Unit(s) Industrial Or Commercial structures (per 1,000 sq.ft. of floor area) Commercial Sewer & Water Connection Fees Fee is 1% of the valuation with a minimum of $125.00 and a surcharge of .0005 × valuation, plus SAC and WAC per unit Section 8 Memorandum To: Gem Lake Planning Commission Project Reference: Consolidated Land Use Ordinance No. 131 Table of Uses Copies To: Melissa Lawrence, Acting City Clerk TKDA Project No.: 22428.000 From: CJ Sycks, Planner Sarah Scott, Planning Intern Client No.: Date: May 30, 2025 SUBJECT: Consolidated Land Use Ordinance No. 131 Update MEETING DATE: June 10, 2025 ITEMS REVIEWED: Consolidated Land Use Ordinance No. 131 and Appendix A BACKGROUND The City Council has tasked the Planning Commission with reviewing 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 Metropolitan Council is reviewing the Imagine 2050 regional development guide draft and will adopt the plan on February 12th. They anticipate sending municipalities system statements in the fall of 2025. This will require the City of Gem Lake to begin their comprehensive planning process. A comprehensive plan update often requires updating the zoning ordinance to reflect any changes in future land use designations, allowable uses, etc. This initial review of the zoning ordinance will position the city well for any updates that may be required to be consistent with the city’s 2050 Comprehensive Plan. To view the current City of Gem Lake Comprehensive Plan, you may find a copy on the City’s website here: https://gemlakemn.org/wp- content/uploads/2024/08/Gem-Lake- Comprehensive-Plan-March-2022-Optimized.pdf 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 Planning Commission 6/10/25 May 30, 2025 Page 2 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. In addition to the written explanation of permitting within each zoning district, a table of uses is proposed to provide a clear and quick reference guide for users of Ordinance No. 131. The table is attached and may be inserted near the existing zoning map in the ordinance. Table 1: Proposed Ordinance 131 Amendments Ordinance Section Current Language Suggestions Proposed Language 5.1.1 – Permitted Uses “One family, detached dwellings” Language describing housing should be consistent throughout Ordinance. “Single family, detached dwellings” 5.2.1 – Permitted Accessory Uses “Attached or detached housing for domestic servants” Change vocabulary for a clearer understanding. “Attached or detached dwellings for domestic workers” 5.2.1 – Permitted Accessory Uses “Private Swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event” Correct capitalization. “Private swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting event” 5.2.1 – Permitted Accessory Uses “Signs as regulated by this Ordinance” Reduce unnecessary words for better understanding. “Signage” 5.2.1 – Permitted Accessory Uses “Structures temporarily located for purposes of construction on the site for a period of time not in excess of such construction” Rewording. “Temporary structures for the purposes of construction on site for a period of time not in excess of such construction” 5.2.1 – Permitted Accessory Uses “…not limited to pools” Update language to describe landscaping ponds. “…not limited to ponds” 5.3.1 – Conditional “Country clubs, golf courses and other Consolidate conditional “Private non- commercial Consolidated Land Use Ordinance No. 131 Update Gem Lake Planning Commission 6/10/25 May 30, 2025 Page 3 Uses private non- commercial recreation areas and facilities, including swimming pools” uses, remove country clubs and golf courses. recreation areas and facilities, including swimming pools” 5.3.1 – Conditional Uses “Vehicles, campers and trailers, in excess of 7,000 pounds or 20 feet in length” Discuss the need for a weight and length requirement. “Vehicles, campers, and trailers” 10.1 – Intent and Purpose “There currently is no publicly held open or recreation space within the City of Gem Lake” Change vocabulary for a clearer understanding. “There are currently no publicly held open or recreation space within the City of Gem Lake” *13.2.2 – Permitted Uses “A PUD is an allowable conditional use in all zoning districts in the City of Gem Lake, except for land zones Open Space/Recreational (“OS/R”)” If the OS/R district is being amended to permit parks within it, then the second clause needs to be removed. “A PUD is an allowable conditional use in all zoning districts in the City of Gem Lake” 15.2.2 – Permitted Uses “Private Child Care and Education facilities as defined in the definitions sections of this Ordinance, but with activities limited to school/educational activities” Correct capitalization for non-proper nouns. “Private child care and education facilities as defines in the definitions section of this Ordinance, but with activities limited to school/education activities” 17.5.2 - Application “As required by law, the City shall act on the application within the period prescribed unless said required period is extended or waived” Add the specific law that is being referenced. “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” 17.5.3 – Referral to Planning Commission “To insure preservation or health, safety, and general welfare of Correct spelling and grammar. “To ensure preservation of health, safety, and general Consolidated Land Use Ordinance No. 131 Update Gem Lake Planning Commission 6/10/25 May 30, 2025 Page 4 the public…” welfare of the public…” 25.4.1 - Requirements “This section requires that all land division in the City of Gem Lake shall be accomplished thru subdivision of property as described in this section” Correct spelling. “This section requires that all land division in the City of Gem Lake shall be accomplished through subdivision of property as described in this section” In addition to the items in Table 1, staff has identified the following reoccurring items in the ordinance that should be reviewed. • Separate Conditional and Interim Uses into individual subsections in each zone section, and renumber subsections as needed. o Section 5.3 – RE Conditional Uses o Section 6.3 – RX Conditional Uses o Section 7.3 – RO Conditional Uses o Section 8.3 – RS Conditional Uses o Section 15.4 – Institutional Overlay District Conditional Uses • Refer to “essential services” as “essential services and essential service structures” throughout the ordinance. o Section 5.1 – RE Permitted Uses o Section 5.2 – RE Permitted Accessory Uses o Section 6.1 – RX Permitted Uses o Section 6.2 – RX Permitted Accessory Uses o Section 7.1 – RO Permitted Uses o Section 7.2 – RO Permitted Accessory Uses o Section 8.1 – RS Permitted Uses o Section 8.2 – RS Permitted Accessory Uses • Move fence regulations from individual zone sections to the performance standards section of the ordinance. o Section 5.6.2 – RE Area, Frontage, and Yard Requirements o Section 6.6.2 – RX Area, Frontage, and Yard Requirements o Section 7.6.2 – RO Area, Frontage, and Yard Requirements o Section 8.6.2 – RS Area, Frontage and Yard Requirements • List all uses and avoid referencing previous sections. o Section 6.1 – RX Permitted Uses o Section 6.2 – RX Permitted Accessory Uses o Section 6.3 – RX Conditional Uses o Section 7.1 – RO Permitted Uses o Section 7.2 – RO Permitted Accessory Uses o Section 7.3 – RO Conditional Uses o Section 8.1 – RS Permitted Uses o Section 8.2 – RS Permitted Accessory Uses o Section 8.3 – RS Conditional Uses • Refer to the “Comprehensive Municipal Plan” as the “Comprehensive Plan”. o Section 17.5.3 – Referral to Planning Commission o Section 17.5.5 – Referral to City Council Consolidated Land Use Ordinance No. 131 Update Gem Lake Planning Commission 6/10/25 May 30, 2025 Page 5 FUTURE AMENDMENTS Staff has identified the following sections that may be reviewed in the future. • Consider reworking specific uses and standards for OS/R in relation to PUD before or during the upcoming Comprehensive Plan update. o Simplify OS/R to OS • Add sub-zone uses subsection referencing Figures 16 & 17 in section 9.1. • Move information related to farm animal structures to section 16.8. • Add fence regulation to section 16.13. • Update Section 8, Gateway District concurrently with the Comprehensive Plan. o Provide clarity on the Building Type Templates o Consider updating density requirements o Reformat the building type templates to be digitally accessible and easily editable APPENDIX A UPDATE The following definitions were added or changed in Appendix A. • Conservatory – A room, typically with glad 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 businesses. • 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 • 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 Minnesota State Building Code (MSBC). • 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 public welfare, health, safety, and the City’s Comprehensive Plan, considering the public need 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. ACTION The Commission should review the drafted ordinance and consider any additional amendments. If the Commission desires additional amendments, direction regarding changes should be provided to staff. The Commission may also recommend the City Council approve the proposed amendments as proposed by staff, if no additional changes are desired. 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 CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA .......................................................................................... 0 ORDINANCE NO. 131 ......................................................................................................................................... 0 CONSOLIDATED LAND USE ORDINANCE ............................................................................................................ 0 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. .................................................................................................. 10 1. Permitted Uses ......................................................................................................................................................................... 10 2. Permitted Accessory Uses......................................................................................................................................................... 10 3. Conditional Uses. ...................................................................................................................................................................... 10 4. Interim Uses ............................................................................................................................................................................. 10 5. Height Regulations .................................................................................................................................................................... 11 6. Area, Frontage and Yard Requirements. .................................................................................................................................. 12 SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT ............................................................................................. 13 Permitted Uses ......................................................................................................................................................................... 13 Permitted Accessory Uses......................................................................................................................................................... 13 Conditional Uses ....................................................................................................................................................................... 13 4. Interim Uses. ............................................................................................................................................................................. 14 5. Height Regulations ................................................................................................................................................................ 1415 6. Area, Frontage and Yard Requirements ................................................................................................................................... 15 SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT ................................................................................................................. 17 Permitted Uses ......................................................................................................................................................................... 17 Permitted Accessory Uses......................................................................................................................................................... 17 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 .................................................................................................................................................................... 23 6. Area, Frontage and Yard Requirements ................................................................................................................................... 24 SECTION 9. GATEWAY “G” DISTRICT .............................................................................................................................................. 25 1. Purposes. .................................................................................................................................................................................. 25 2. Generally Applicable Regulations ............................................................................................................................................. 26 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 2 3. Placement of Subzones and Integration with Neighboring Zones ............................................................................................ 28 4. Thoroughfare Standards. .......................................................................................................................................................... 30 5. Civic Space Standards ............................................................................................................................................................... 33 6. Building Type Standards ........................................................................................................................................................... 35 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................................................... 54 2. Proposals for Undeveloped Lane or for Large Redevelopment ................................................................................................ 54 3. Plans for Re-development of Single Lots or Small Subdivisions ............................................................................................... 57 4. Parking Regulations .................................................................................................................................................................. 58 5. Design Review Standards .......................................................................................................................................................... 58 SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” ...................................................................................................... 62 1. Intent and Purpose ................................................................................................................................................................... 62 2. Uses........................................................................................................................................................................................... 62 3. Intent and Purpose ................................................................................................................................................................... 62 4. Uses........................................................................................................................................................................................... 62 SECTION 11. RESERVED.................................................................................................................................................................. 63 SECTION 12. RESERVED.................................................................................................................................................................. 63 SECTION 13. PLANNED UNIT DEVELOPMENT ................................................................................................................................. 64 1. Purpose. .................................................................................................................................................................................... 64 2. Permitted Uses ......................................................................................................................................................................... 64 3. Coordination with Subdivision Regulation ................................................................................................................................ 65 4. Submission of Material Required for Approval ........................................................................................................................ 65 5. Enforcement of Development Schedule ................................................................................................................................... 65 6. Conveyance and Maintenance of Common Open Space .......................................................................................................... 65 7. Standards for Common or Open Space .................................................................................................................................... 65 8. Review and Amendment .......................................................................................................................................................... 66 SECTION 14. GARDEN OVERLAY DISTRICT. ..................................................................................................................................... 67 1. Findings and Purpose. ............................................................................................................................................................... 67 2. Requesting Garden Overlay. ..................................................................................................................................................... 67 3. Termination of Garden Overlay ................................................................................................................................................ 67 4. Interim Uses. ............................................................................................................................................................................. 68 5. Permitted Accessory Uses......................................................................................................................................................... 68 6. Prohibited Practices. ................................................................................................................................................................. 68 7. General Regulations. ................................................................................................................................................................. 68 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT ........................................................................................................................... 69 1. Purpose. .................................................................................................................................................................................... 69 2. Permitted Uses. ........................................................................................................................................................................ 69 3. Permitted Accessory Uses......................................................................................................................................................... 69 4. Conditional Uses ....................................................................................................................................................................... 69 5. Lot Area and Setback Requirements ......................................................................................................................................... 70 6. Lot Coverage and Height Requirements ................................................................................................................................... 71 7. Landscaping and Screening ....................................................................................................................................................... 71 8. Procedures for Requesting an Overlay ..................................................................................................................................... 71 SECTION 16. GENERAL PROVISIONS ............................................................................................................................................... 75 1. Application of this Ordinance. .................................................................................................................................................. 75 2. Severability. .............................................................................................................................................................................. 76 3. Non-Conforming Uses and Structures. ..................................................................................................................................... 76 4. Lot Provisions. ........................................................................................................................................................................... 76 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 3 5. Accessory Buildings. .................................................................................................................................................................. 77 6. Required Yards, Open Space and Heights. ................................................................................................................................ 77 7. Traffic Visibility. ........................................................................................................................................................................ 77 8. Farming Operations. ................................................................................................................................................................. 78 9. Essential Services. ..................................................................................................................................................................... 78 10. (Deleted) ................................................................................................................................................................................... 78 11. (Deleted) ................................................................................................................................................................................... 78 12. Relocation of Dwelling Units. .................................................................................................................................................... 78 13. Fences. ...................................................................................................................................................................................... 79 14. Outdoor Swimming Pools and Spas. ......................................................................................................................................... 80 15. Land Reclamation. .................................................................................................................................................................... 82 16. Mining. ...................................................................................................................................................................................... 83 SECTION 17. ADMINISTRATION AND ENFORCEMENT .................................................................................................................... 84 1. Enforcing Officer. ...................................................................................................................................................................... 84 2. Building Permit ......................................................................................................................................................................... 84 3. Duties of the Zoning Administrator. ......................................................................................................................................... 84 4. Variances................................................................................................................................................................................... 85 5. Conditional and Interim Use Permits. ....................................................................................................................................... 86 6. Amendments. ........................................................................................................................................................................... 88 SECTION 18. PERFORMANCE STANDARDS ..................................................................................................................................... 91 1. General. .................................................................................................................................................................................... 91 2. Requirements for Consideration .............................................................................................................................................. 91 3. Exterior Storage ........................................................................................................................................................................ 93 4. Refuse ....................................................................................................................................................................................... 94 5. Screening .................................................................................................................................................................................. 94 6. Landscaping .............................................................................................................................................................................. 95 7. Maintenance ............................................................................................................................................................................. 95 8. Lighting and Glare. .................................................................................................................................................................... 95 9. Vibrations .................................................................................................................................................................................. 96 10. Off-Street Loading ..................................................................................................................................................................... 96 11. Traffic Control ........................................................................................................................................................................... 96 13. Architecture .............................................................................................................................................................................. 97 14. Explosives .................................................................................................................................................................................. 97 15. Radiation and Electrical Emissions ............................................................................................................................................ 97 16. Aircraft ...................................................................................................................................................................................... 97 17. Other Nuisance Characteristics ................................................................................................................................................ 97 18. Consistency with Plans and Policies .......................................................................................................................................... 97 19. Clustering and Density Transfer ................................................................................................................................................ 97 20. Park Land Dedications Requirements ....................................................................................................................................... 98 SECTION 19. SIGNS ...................................................................................................................................................................... 100 1. Purpose and Intent ................................................................................................................................................................. 100 2. Findings ................................................................................................................................................................................... 100 3. Permit Required ...................................................................................................................................................................... 100 4. Inspections and Enforcement ................................................................................................................................................. 102 5. Applicable Standards .............................................................................................................................................................. 103 6. Definitions ............................................................................................................................................................................... 106 7. Severability ............................................................................................................................................................................. 106 SECTION 20. OFF STREET PARKING AREAS ................................................................................................................................... 107 1. Purpose ................................................................................................................................................................................... 107 2. Site Plans ................................................................................................................................................................................. 107 3. General Provisions .................................................................................................................................................................. 107 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 4 4. Design and Maintenance of Off-Street Parking Areas ............................................................................................................ 107 5. Required Off-Street Parking .................................................................................................................................................... 108 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS ................................................................... 109 1. General Provisions .................................................................................................................................................................. 109 2. Shoreland Use Controls .......................................................................................................................................................... 109 3. Use of Gem Lake ..................................................................................................................................................................... 111 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT ............................................... 113 1. Erosion, Sediment, and Waste Controls ................................................................................................................................. 113 2. Stormwater Management ...................................................................................................................................................... 114 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS ........................................................................... 120 1. Purpose and Intent ................................................................................................................................................................. 120 2. Zoning Districts for Construction ............................................................................................................................................ 120 3. Performance Standards .......................................................................................................................................................... 120 4. Proof of Non-Interference ...................................................................................................................................................... 122 5. Tower Setbacks ....................................................................................................................................................................... 122 6. Permit Applications and Plan Review ..................................................................................................................................... 122 7. Exceptions ............................................................................................................................................................................... 122 SECTION 24. WIND ENERGY CONVERSION SYSTEMS .................................................................................................................... 123 1. Purpose ................................................................................................................................................................................... 123 2. Zoning Allowance .................................................................................................................................................................... 123 3. License Required ..................................................................................................................................................................... 123 4. Code Compliance .................................................................................................................................................................... 123 5. Standards for Siting, Installation and Operation of WECS ...................................................................................................... 124 6. Test Towers ............................................................................................................................................................................. 125 7. Inspection ............................................................................................................................................................................... 125 8. Abandonment ......................................................................................................................................................................... 125 SECTION 25. SUBDIVISIONS ......................................................................................................................................................... 126 1. Purpose ................................................................................................................................................................................... 126 2. Jurisdiction .............................................................................................................................................................................. 126 3. Interpretation ......................................................................................................................................................................... 126 4. Requirements ......................................................................................................................................................................... 126 5. Park Land Dedication Requirements....................................................................................................................................... 126 6. Minor Subdivisions ................................................................................................................................................................. 127 7. Severability ............................................................................................................................................................................. 128 8. Conflict and Interaction of Ordinances ................................................................................................................................... 128 9. Rules and Definitions .............................................................................................................................................................. 128 10. Filing and Review Procedures of Plans ................................................................................................................................... 128 11. Design Standards .................................................................................................................................................................... 134 12. Required Basic Improvements ................................................................................................................................................ 137 13. Variances from This Section .................................................................................................................................................... 140 14. Violations and Penalty ............................................................................................................................................................ 140 SECTION 26. LANDSCAPING ......................................................................................................................................................... 142 1. Purpose ................................................................................................................................................................................... 142 2. Definitions ............................................................................................................................................................................... 142 3. Landscaping Requirements for New Construction in Residential Districts ............................................................................. 142 4. Landscaping Requirements for New Construction in Non-Residential Districts ..................................................................... 142 5. General Requirements for All Districts ................................................................................................................................... 143 6. Native Landscapes .................................................................................................................................................................. 144 7. Landscaping of Existing Uses .................................................................................................................................................. 144 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 5 8. Screening Requirements in Non-Residential Districts ............................................................................................................ 144 9. Additional Screening Requirements ....................................................................................................................................... 145 10. Screening Methods ................................................................................................................................................................. 145 11. Landscaping Plans ................................................................................................................................................................... 146 12. Performance Surety for Landscaping in Non-Residential Districts ......................................................................................... 146 13. Maintenance of Landscaping in All Districts ........................................................................................................................... 146 SECTION 27. TREE PRESERVATION ............................................................................................................................................... 148 1. Purpose ................................................................................................................................................................................... 148 2. Severability ............................................................................................................................................................................. 148 3. Interaction between This Section and Other Sections ........................................................................................................... 148 4. Wording of This Section .......................................................................................................................................................... 148 5. Definitions ............................................................................................................................................................................... 148 6. Protection Standards .............................................................................................................................................................. 148 7. Data Submission ..................................................................................................................................................................... 148 8. Removal Thresholds ................................................................................................................................................................ 149 9. Reforestation .......................................................................................................................................................................... 150 10. Construction Damage to Significant Trees in or Near the Preservation Area......................................................................... 151 11. Agreement to Replace Trees .................................................................................................................................................. 151 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction ............................................................................... 151 13. Exceptions to This Ordinance ................................................................................................................................................. 151 14. Tree Replacement ................................................................................................................................................................... 151 15. Release and Retention of Performance Security .................................................................................................................... 152 16. Penalty .................................................................................................................................................................................... 152 SECTION 28. ENVIRONMENTAL REVIEW ...................................................................................................................................... 153 1. State Law Adopted .................................................................................................................................................................. 153 2. Applications ............................................................................................................................................................................ 153 3. Determination of Need for Environmental Review ................................................................................................................ 153 4. Procedures on Determination that EAW is Required ............................................................................................................. 153 5. Procedures when an EIS is Required ....................................................................................................................................... 154 6. Prohibition on Approvals During Environmental Review ....................................................................................................... 154 7. Severability ............................................................................................................................................................................. 154 SECTION 29. STORM SEWER USE ................................................................................................................................................. 155 1. Purpose and Intent ................................................................................................................................................................. 155 2. Applicability ............................................................................................................................................................................ 155 3. Responsibility for Administration ........................................................................................................................................... 155 4. Compatibility with Other Regulations .................................................................................................................................... 155 5. Severability ............................................................................................................................................................................. 155 6. Ultimate Responsibility ........................................................................................................................................................... 155 7. Discharge Prohibitions ............................................................................................................................................................ 155 8. Watercourse Protection ......................................................................................................................................................... 156 9. Industrial or Construction Activity Discharge ......................................................................................................................... 156 10. Compliance Monitoring .......................................................................................................................................................... 157 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices ............ 157 12. Notification of Spills ................................................................................................................................................................ 157 13. Salt and Deicer Storage Requirements ................................................................................................................................... 158 14. Violations, Enforcement, and Penalties .................................................................................................................................. 158 15. Costs........................................................................................................................................................................................ 158 16. Suspension of MS4 Access ...................................................................................................................................................... 159 17. Civil Penalties .......................................................................................................................................................................... 159 18. Criminal Penalties ................................................................................................................................................................... 159 19. Appeal of Notice of Violation .................................................................................................................................................. 159 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 6 20. Enforcement Measures after Appeal ...................................................................................................................................... 160 21. Cost of Abatement of the Violation ........................................................................................................................................ 160 22. Violations Deemed a Public Nuisance..................................................................................................................................... 160 23. Remedies Not Exclusive .......................................................................................................................................................... 160 24. Effective Date .......................................................................................................................................................................... 160 SECTION 30. ADOPTION AND ENACTMENT .................................................................................................................................. 161 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 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 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 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. 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. 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;[CS1] 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; 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: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 11 1. Family day care home; 2. Truck 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;[CS2] 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, Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 12 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. 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, 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 13 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 municipal 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 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 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. 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. 4. Bed and breakfast establishments; 5. Motor homes; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 14 6. Two (2) family dwellings. 7. 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 throughu 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. Truck 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 15 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 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. 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 16 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 17 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. 3. 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 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. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 18 11. Essential services and essential service structures 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. Private non-commercial recreation areas and facilities; provided that any principal building 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 and the like. 4. Bed and breakfast establishments; 5. Motor homes; 6. Two (2) family dwellings. 7. Townhomes and Villas, attached and detached through the PUD process. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 19 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. 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. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. The keeping of agricultural animals on lots greater than one (1.0) acre.[CS3] 4. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 20 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. 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. Updated January 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 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 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. 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 “RS” District, and subject to Council approval. 1.11. 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. Private non-commercial recreation areas and facilities; provided that any principal building 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 and the like. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 22 4. Bed and breakfast establishments; 5. Motor homes; 6. Two (2) family dwellings; 7. Townhomes and Villas, attached and detached through the PUD process; 1. Truck gardening and other commercial horticultural uses . 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. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. The keeping of agricultural animals on lots greater than one (1.0) acre; 4. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 23 6. Family Day Care Home 2.5. 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 24 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 3. A side yard abutting a street shall not be less than twenty (20’) feet. 2.4. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 25 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, 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 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 26 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 27 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 known 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 28 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. Figure 1b 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 31 Figure 2 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 32 Figure 3 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 33 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 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 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 34 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 Thoroug hfare 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 35 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 36 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 hei ght 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 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 37 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 38 Figure 6 Figure 7 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 39 Figure 8 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 40 Figure 9 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 41 Figure 10 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 42 Figure 11 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 43 Figure 12 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 44 Figure 13 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 45 Figure 14 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 46 Figure 14a Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 47 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 48 Figure 14b Figure 15 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 49 Figure 15a Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 50 Figure 16 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 55 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 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 56 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 57 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 building 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 58 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 provi de 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. 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 59 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 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 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 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 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 floor facad e that faces a public street Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 60 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 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 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 61 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 62 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[CS4]. SECTION 10. OPEN SPACE “OS” 3. Intent and Purpose. This zoning district is for land in the City of Gem Lake reserved for open space. There are currently no publicly held open spaces within the City of Gem Lake. There may be an interest in the future for small neighborhood “parks” in other areas of the City. 4. Uses. 4. Public parks may be provided as part of development formed by a PUD in all zoning districts in the City. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 63 SECTION 11. RESERVED SECTION 12. RESERVED Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 64 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 modificati ons 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 65 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”).[CS5] 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. 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[CS6]. 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. Th e 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 66 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 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 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. 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 th is 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 inte rested 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 67 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 68 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 69 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 70 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, pu blic 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 71 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 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 72 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 i s 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 73 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 reques t 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 mee ting 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 sha ll 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 74 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 substantia lly 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 76 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 77 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 ex tending 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 78 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 require a setback of one hundred (100’) feet of any lot line except where the following conditions may provide for easing the restriction: i. 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; ii. The structure shall be at least one-hundred (100’0”) feet from any well, ISTS or neighboring dwelling; iii. 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; iv. The design and construction materials of the structure shall be consistent with the main dwelling on the property; v. 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 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 79 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. 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 80 permanent basis. Location of the fence in relation to the property line as described i n 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. 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: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 81 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. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82 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 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 prope rty; 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 83 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 84 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 alt eration 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 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85 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 wher e 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 wh ich 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 testimony with the consent and at the e xpense 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86 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 suc h 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 hav e 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 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 87 Review Commission [CS7]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 a s 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 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 88 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. 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89 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 th e 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 a nd 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 91 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 92 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. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 93 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. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 94 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. 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; Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 95 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. 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: Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 96 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: 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 97 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. 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. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 98 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. 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 Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 99 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, 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 100 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. 131 101 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, b ut 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. 131 102 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 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 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. 131 103 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. 131 104 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. 131 105 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 dyna mic 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. 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. 131 106 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, a fter 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. 131 107 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 108 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. 131 109 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 wat er 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 Wetla nd 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. 131 110 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. 131 111 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 112 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. 131 113 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 a chieved 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. 131 114 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 115 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 H Y-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. 131 116 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; o r 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. 131 117 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. 131 118 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 119 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. 131 120 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. 131 121 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. 131 122 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. 131 123 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. 131 124 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 125 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. 131 126 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. 131 127 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, 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 128 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 129 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. 131 130 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. 131 131 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 a nd 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 132 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. 131 133 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 cle arly 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 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. 131 134 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. 131 135 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 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. 131 136 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. 131 137 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. 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. 131 138 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 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. 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. 131 139 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. 131 140 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. 131 141 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 syst em 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. 131 142 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 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. 131 143 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. 131 144 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 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 145 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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 146 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 performan ce 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 soddin g 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. 131 147 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. 131 148 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. 131 149 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 w ith 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. 131 150 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. 131 151 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 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. 131 152 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 prosecu tion may also be added. Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 153 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 pla nner’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 January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 154 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. 131 155 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 o r 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. 131 156 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. 131 157 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 own 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 notice. If the discharge of prohibited materials Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158 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 withou t 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. 131 159 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 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 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. 131 160 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. 131 161 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 publica tion 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. 131 162 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 1 TABLE OF CONTENTS CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA .......................................................................................... 0 ORDINANCE NO. 131 ......................................................................................................................................... 0 CONSOLIDATED LAND USE ORDINANCE ............................................................................................................ 0 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. .................................................................................................. 13 1. Permitted Uses ......................................................................................................................................................................... 13 2. Permitted Accessory Uses......................................................................................................................................................... 13 3. Conditional Uses. ...................................................................................................................................................................... 13 4. Interim Uses .............................................................................................................................................................................. 14 5. Height Regulations .................................................................................................................................................................... 14 6. Area, Frontage and Yard Requirements. .................................................................................................................................. 14 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 2 3. Placement of Subzones and Integration with Neighboring Zones ............................................................................................ 27 4. Thoroughfare Standards. .......................................................................................................................................................... 27 5. Civic Space Standards ............................................................................................................................................................... 30 6. Building Type Standards ........................................................................................................................................................... 33 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 ................................................................................................................................. 61 1. Purpose. .................................................................................................................................................................................... 61 2. Permitted Uses ......................................................................................................................................................................... 61 3. Coordination with Subdivision Regulation ................................................................................................................................ 61 4. Submission of Material Required for Approval ........................................................................................................................ 62 5. Enforcement of Development Schedule ................................................................................................................................... 62 6. Conveyance and Maintenance of Common Open Space .......................................................................................................... 62 7. Standards for Common or Open Space .................................................................................................................................... 62 8. Review and Amendment .......................................................................................................................................................... 63 SECTION 14. GARDEN OVERLAY DISTRICT. ..................................................................................................................................... 64 1. Findings and Purpose. ............................................................................................................................................................... 64 2. Requesting Garden Overlay. ..................................................................................................................................................... 64 3. Termination of Garden Overlay ................................................................................................................................................ 64 4. Interim Uses. ............................................................................................................................................................................. 65 5. Permitted Accessory Uses......................................................................................................................................................... 65 6. Prohibited Practices. ................................................................................................................................................................. 65 7. General Regulations. ................................................................................................................................................................. 65 SECTION 15. INSTITUTIONAL OVERLAY DISTRICT ........................................................................................................................... 66 1. Purpose. .................................................................................................................................................................................... 66 2. Permitted Uses. ........................................................................................................................................................................ 66 3. Permitted Accessory Uses......................................................................................................................................................... 66 4. Conditional Uses ....................................................................................................................................................................... 66 5. Lot Area and Setback Requirements ......................................................................................................................................... 67 6. Lot Coverage and Height Requirements ................................................................................................................................... 68 7. Landscaping and Screening ....................................................................................................................................................... 68 8. Procedures for Requesting an Overlay ..................................................................................................................................... 68 SECTION 16. GENERAL PROVISIONS ............................................................................................................................................... 72 1. Application of this Ordinance. .................................................................................................................................................. 72 2. Severability. .............................................................................................................................................................................. 73 3. Non-Conforming Uses and Structures. ..................................................................................................................................... 73 4. Lot Provisions. ........................................................................................................................................................................... 73 5. Accessory Buildings. .................................................................................................................................................................. 74 6. Required Yards, Open Space and Heights. ................................................................................................................................ 74 7. Traffic Visibility. ........................................................................................................................................................................ 74 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 3 8. Farming Operations. ................................................................................................................................................................. 75 9. Essential Services. ..................................................................................................................................................................... 75 10. (Deleted) ................................................................................................................................................................................... 75 11. (Deleted) ................................................................................................................................................................................... 75 12. Relocation of Dwelling Units. .................................................................................................................................................... 75 13. Fences. ...................................................................................................................................................................................... 76 14. Outdoor Swimming Pools and Spas. ......................................................................................................................................... 77 15. Land Reclamation. .................................................................................................................................................................... 79 16. Mining. ...................................................................................................................................................................................... 80 SECTION 17. ADMINISTRATION AND ENFORCEMENT .................................................................................................................... 81 1. Enforcing Officer. ...................................................................................................................................................................... 81 2. Building Permit ......................................................................................................................................................................... 81 3. Duties of the Zoning Administrator. ......................................................................................................................................... 81 4. Variances................................................................................................................................................................................... 81 5. Conditional and Interim Use Permits. ....................................................................................................................................... 83 6. Amendments. ........................................................................................................................................................................... 85 SECTION 18. PERFORMANCE STANDARDS ..................................................................................................................................... 88 1. General. .................................................................................................................................................................................... 88 2. Requirements for Consideration .............................................................................................................................................. 88 3. Exterior Storage ........................................................................................................................................................................ 90 4. Refuse ....................................................................................................................................................................................... 91 5. Screening .................................................................................................................................................................................. 91 6. Landscaping .............................................................................................................................................................................. 91 7. Maintenance ............................................................................................................................................................................. 92 8. Lighting and Glare. .................................................................................................................................................................... 92 9. Vibrations .................................................................................................................................................................................. 93 10. Off-Street Loading ..................................................................................................................................................................... 93 11. Traffic Control ........................................................................................................................................................................... 93 13. Architecture .............................................................................................................................................................................. 93 14. Explosives .................................................................................................................................................................................. 94 15. Radiation and Electrical Emissions ............................................................................................................................................ 94 16. Aircraft ...................................................................................................................................................................................... 94 17. Other Nuisance Characteristics ................................................................................................................................................ 94 18. Consistency with Plans and Policies .......................................................................................................................................... 94 19. Clustering and Density Transfer ................................................................................................................................................ 94 20. Park Land Dedications Requirements ....................................................................................................................................... 95 SECTION 19. SIGNS ........................................................................................................................................................................ 97 1. Purpose and Intent ................................................................................................................................................................... 97 2. Findings ..................................................................................................................................................................................... 97 3. Permit Required ........................................................................................................................................................................ 97 4. Inspections and Enforcement ................................................................................................................................................... 99 5. Applicable Standards .............................................................................................................................................................. 100 6. Definitions ............................................................................................................................................................................... 103 7. Severability ............................................................................................................................................................................. 103 SECTION 20. OFF STREET PARKING AREAS ................................................................................................................................... 104 1. Purpose ................................................................................................................................................................................... 104 2. Site Plans ................................................................................................................................................................................. 104 3. General Provisions .................................................................................................................................................................. 104 4. Design and Maintenance of Off-Street Parking Areas ............................................................................................................ 104 5. Required Off-Street Parking .................................................................................................................................................... 105 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 4 SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS ................................................................... 106 1. General Provisions .................................................................................................................................................................. 106 2. Shoreland Use Controls .......................................................................................................................................................... 106 3. Use of Gem Lake ..................................................................................................................................................................... 108 SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT ............................................... 110 1. Erosion, Sediment, and Waste Controls ................................................................................................................................. 110 2. Stormwater Management ...................................................................................................................................................... 111 SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS ........................................................................... 117 1. Purpose and Intent ................................................................................................................................................................. 117 2. Zoning Districts for Construction ............................................................................................................................................ 117 3. Performance Standards .......................................................................................................................................................... 117 4. Proof of Non-Interference ...................................................................................................................................................... 119 5. Tower Setbacks ....................................................................................................................................................................... 119 6. Permit Applications and Plan Review ..................................................................................................................................... 119 7. Exceptions ............................................................................................................................................................................... 119 SECTION 24. WIND ENERGY CONVERSION SYSTEMS .................................................................................................................... 120 1. Purpose ................................................................................................................................................................................... 120 2. Zoning Allowance .................................................................................................................................................................... 120 3. License Required ..................................................................................................................................................................... 120 4. Code Compliance .................................................................................................................................................................... 120 5. Standards for Siting, Installation and Operation of WECS ...................................................................................................... 121 6. Test Towers ............................................................................................................................................................................. 122 7. Inspection ............................................................................................................................................................................... 122 8. Abandonment ......................................................................................................................................................................... 122 SECTION 25. SUBDIVISIONS ......................................................................................................................................................... 123 1. Purpose ................................................................................................................................................................................... 123 2. Jurisdiction .............................................................................................................................................................................. 123 3. Interpretation ......................................................................................................................................................................... 123 4. Requirements ......................................................................................................................................................................... 123 5. Park Land Dedication Requirements....................................................................................................................................... 123 6. Minor Subdivisions ................................................................................................................................................................. 124 7. Severability ............................................................................................................................................................................. 125 8. Conflict and Interaction of Ordinances ................................................................................................................................... 125 9. Rules and Definitions .............................................................................................................................................................. 125 10. Filing and Review Procedures of Plans ................................................................................................................................... 125 11. Design Standards .................................................................................................................................................................... 131 12. Required Basic Improvements ................................................................................................................................................ 134 13. Variances from This Section .................................................................................................................................................... 137 14. Violations and Penalty ............................................................................................................................................................ 137 SECTION 26. LANDSCAPING ......................................................................................................................................................... 139 1. Purpose ................................................................................................................................................................................... 139 2. Definitions ............................................................................................................................................................................... 139 3. Landscaping Requirements for New Construction in Residential Districts ............................................................................. 139 4. Landscaping Requirements for New Construction in Non-Residential Districts ..................................................................... 139 5. General Requirements for All Districts ................................................................................................................................... 140 6. Native Landscapes .................................................................................................................................................................. 141 7. Landscaping of Existing Uses .................................................................................................................................................. 141 8. Screening Requirements in Non-Residential Districts ............................................................................................................ 141 9. Additional Screening Requirements ....................................................................................................................................... 142 10. Screening Methods ................................................................................................................................................................. 142 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 5 11. Landscaping Plans ................................................................................................................................................................... 143 12. Performance Surety for Landscaping in Non-Residential Districts ......................................................................................... 143 13. Maintenance of Landscaping in All Districts ........................................................................................................................... 143 SECTION 27. TREE PRESERVATION ............................................................................................................................................... 145 1. Purpose ................................................................................................................................................................................... 145 2. Severability ............................................................................................................................................................................. 145 3. Interaction between This Section and Other Sections ........................................................................................................... 145 4. Wording of This Section .......................................................................................................................................................... 145 5. Definitions ............................................................................................................................................................................... 145 6. Protection Standards .............................................................................................................................................................. 145 7. Data Submission ..................................................................................................................................................................... 145 8. Removal Thresholds ................................................................................................................................................................ 146 9. Reforestation .......................................................................................................................................................................... 147 10. Construction Damage to Significant Trees in or Near the Preservation Area......................................................................... 148 11. Agreement to Replace Trees .................................................................................................................................................. 148 12. Collector and Arterial Roads and Trunk and Lateral Utility Construction ............................................................................... 148 13. Exceptions to This Ordinance ................................................................................................................................................. 148 14. Tree Replacement ................................................................................................................................................................... 148 15. Release and Retention of Performance Security .................................................................................................................... 149 16. Penalty .................................................................................................................................................................................... 149 SECTION 28. ENVIRONMENTAL REVIEW ...................................................................................................................................... 150 1. State Law Adopted .................................................................................................................................................................. 150 2. Applications ............................................................................................................................................................................ 150 3. Determination of Need for Environmental Review ................................................................................................................ 150 4. Procedures on Determination that EAW is Required ............................................................................................................. 150 5. Procedures when an EIS is Required ....................................................................................................................................... 151 6. Prohibition on Approvals During Environmental Review ....................................................................................................... 151 7. Severability ............................................................................................................................................................................. 151 SECTION 29. STORM SEWER USE ................................................................................................................................................. 152 1. Purpose and Intent ................................................................................................................................................................. 152 2. Applicability ............................................................................................................................................................................ 152 3. Responsibility for Administration ........................................................................................................................................... 152 4. Compatibility with Other Regulations .................................................................................................................................... 152 5. Severability ............................................................................................................................................................................. 152 6. Ultimate Responsibility ........................................................................................................................................................... 152 7. Discharge Prohibitions ............................................................................................................................................................ 152 8. Watercourse Protection ......................................................................................................................................................... 153 9. Industrial or Construction Activity Discharge ......................................................................................................................... 153 10. Compliance Monitoring .......................................................................................................................................................... 154 11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices ............ 154 12. Notification of Spills ................................................................................................................................................................ 154 13. Salt and Deicer Storage Requirements ................................................................................................................................... 155 14. Violations, Enforcement, and Penalties .................................................................................................................................. 155 15. Costs........................................................................................................................................................................................ 155 16. Suspension of MS4 Access ...................................................................................................................................................... 156 17. Civil Penalties .......................................................................................................................................................................... 156 18. Criminal Penalties ................................................................................................................................................................... 156 19. Appeal of Notice of Violation .................................................................................................................................................. 156 20. Enforcement Measures after Appeal ...................................................................................................................................... 157 21. Cost of Abatement of the Violation ........................................................................................................................................ 157 22. Violations Deemed a Public Nuisance..................................................................................................................................... 157 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 6 23. Remedies Not Exclusive .......................................................................................................................................................... 157 24. Effective Date .......................................................................................................................................................................... 157 SECTION 30. ADOPTION AND ENACTMENT .................................................................................................................................. 158 Updated June 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 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 June 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. Figure 1a Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 10 Figure 1b Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 11 Figure 1c: Table of Uses Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 12 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. 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 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. 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. 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; 4. Bed and breakfast establishments; 5. Motor homes; Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 14 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; 2. Truck 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 amo unt 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. 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 15 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. 2. Patios, fireplaces, sheds and pools. 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 with in 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 municipal 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 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 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. 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. 4. Bed and breakfast establishments; 5. Motor homes; Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 16 6. Two (2) family dwellings. 7. Townhomes and Villas, attached and detached through 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. Truck 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 June 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. 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. 2. Patios, fireplaces, sheds and pools. Updated June 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 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. 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. 11. 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. Private non-commercial recreation areas and facilities; provided that any principal building 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 and the like. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 19 4. Bed and breakfast establishments; 5. Motor homes; 6. Two (2) family dwellings. 7. Townhomes and Villas, attached and detached through the PUD process. 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. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale. 3. The keeping of agricultural animals on lots greater than one (1.0) acre. 4. 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 June 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. 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. 2. Patios, fireplaces, sheds and pools. Updated June 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 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 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 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. 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 “RS” District, and subject to Council approval. 11. 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. Private non-commercial recreation areas and facilities; provided that any principal building 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 and the like. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 22 4. Bed and breakfast establishments; 5. Motor homes; 6. Two (2) family dwellings; 7. Townhomes and Villas, attached and detached through the PUD process; 8. Truck gardening and other commercial horticultural uses . 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. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or offered for sale; 3. The keeping of agricultural animals on lots greater than one (1.0) acre; 4. 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 June 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 3. A side yard abutting a street shall not be less than twenty (20’) feet. 4. 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. 2. Patios, fireplaces, sheds and pools. Updated June 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 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, 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 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 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 June 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 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 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 June 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 known 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 27 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. 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; Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 28 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 29 Figure 2 Figure 3 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 30 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 31 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 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 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 1. No cash payment in lieu of civic space may be approved for applications within the Gateway District. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 32 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 Thoroug hfare or Building Type templates and the Parking regulations in Section 9.9.6. Figure 5 Updated June 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. 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 34 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 hei ght 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 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. 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 , Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 35 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 36 Figure 6 Figure 7 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 37 Figure 8 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 38 Figure 9 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 39 Figure 10 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 40 Figure 11 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 41 Figure 12 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 42 Figure 13 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 43 Figure 14 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 44 Figure 14a Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 45 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 46 Figure 14b Figure 15 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 47 Figure 15a Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 48 Figure 16 Figure 17 Figure 17 Continued 7. 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. 8. 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 June 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 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 June 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 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 June 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 building 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. 9. 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 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 June 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. 10. 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 provi de 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. 11. 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 June 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 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 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 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 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 floor facad e that faces a public street Updated June 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 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 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 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 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 June 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 June 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 61 SECTION 11. RESERVED SECTION 12. RESERVED 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 modificati ons 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”). 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 62 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. 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. Th e 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 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 appropriate to the uses which are authorized for Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 63 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. 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 th is 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 inte rested 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 64 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 65 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 66 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 67 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, pu blic 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 68 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 69 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 i s 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 70 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 reques t 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 mee ting 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 sha ll 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 71 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 substantia lly 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 72 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 73 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 74 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 ex tending 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75 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 require a setback of one hundred (100’) feet of any lot line except where the following conditions may provide for easing the restriction: i. 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; ii. The structure shall be at least one-hundred (100’0”) feet from any well, ISTS or neighboring dwelling; iii. 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; iv. The design and construction materials of the structure shall be consistent with the main dwelling on the property; v. Such other factors as may be deemed material by the City. 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 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 receive the notice shall not invalidate the proceedings. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 76 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 . 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 link 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 property. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 77 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. 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 . Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 78 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. 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 79 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 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 prope rty; 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 80 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 81 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 alt eration 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 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 wher e 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 wh ich 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82 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 testimony with the consent and at the e xpense 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 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 83 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 suc h 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 hav e 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 Review 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 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 applica nt 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 other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Condition al 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 84 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") feet 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 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 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. 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; Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85 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 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: Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86 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 th e 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 a nd 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. 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 87 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 88 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 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89 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. 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 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 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 91 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 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 92 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. 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 93 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 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. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 94 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; 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 95 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. 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 Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 96 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 97 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 98 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, b ut 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 99 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 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 100 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 101 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 102 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 dyna mic 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. 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 103 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, a fter 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 104 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 105 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 106 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 wat er 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 Wetla nd 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 107 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 108 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 109 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 110 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 a chieved 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 111 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 112 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 H Y-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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 113 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; o r 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 114 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 115 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 116 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 117 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 118 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 119 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 120 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 121 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 122 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 123 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 124 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, 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 125 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 126 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 127 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 128 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 a nd 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 129 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 130 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 cle arly 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 131 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 132 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 133 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 134 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. 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 135 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 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. 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 136 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 137 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 138 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 syst em 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 139 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 140 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 141 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 142 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 143 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 performan ce 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 soddin g 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 144 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 145 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 146 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 w ith 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 147 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 148 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 City Forester when all replacement trees have been planted, at which time the City Forester shall inspect the site. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 149 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 prosecu tion may also be added. Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 150 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 pla nner’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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 151 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 152 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 o r 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 153 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 154 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 155 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 withou t 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 156 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 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 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 157 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 June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158 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 publica tion in the City’s official newspaper. Gretchen Artig-Swomely, Mayor Melissa Lawrence, Acting City Clerk Updated June 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 159 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 Table of Uses Updated the permitted, accessory, conditional, and interim uses in the four residential zoning districts. Separated the conditional and interim uses. Updated Figures 16 and 17. Added Figure 17 June 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 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 and golf courses, provided that any principal building shall be located not less than fifty (50’) feet from any other lot in an “R” District *C *** 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 C C C 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 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 * Truck 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 * *I I * Public parks, through the PUD process C C C C * Open space P P P P P PUD C C C C * Community gardens I I I I I Market gardens I I I I I Hoop houses, cold frames and similar structures used to extend 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 Gateway (G) Single Family Estate (RE) Single Family Executive Residential (RX) Low Density, Single Family Residential (RO) Medium Density, Single Family Residential (RS) Open Space / Residential (OS/R) See Figures 16 & 17 for Gateway District Permitted Uses & Accessory Structure Uses Garden Overlay District Institutional Overlay District I I A A A 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 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 C C P P A A 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. 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 2 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 3 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 4 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: 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) Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 5 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 2. For individual lots in residential construction by either: a. The homebuilder completing final stabilization as specified above; or Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 6 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 fully reco nstructed. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 7 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 storm 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 Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 8 is defined and may only be operated within the Conditional or Interim Use regulations of the Zoning or Land Use Ordinance 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 9 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 State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the Un ited States, whether the permit is applicable on an individual, group, or general area -wide basis. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 10 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 11 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, litter, or other discarded or abandoned objects, ordinances, and accumulations, so t hat same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; d issolved 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); Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 12 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 13 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 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 14 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). 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 15 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 10/19/2023 Page 16 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 06/17/2025 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. 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 2 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 3 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 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 4 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 5 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 6 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 fully reco nstructed. 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. 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: Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 7 1. Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm 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 Ordinance 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 Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 8 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 9 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 Un ited 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 10 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. 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. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 11 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 06/17/2025 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. Sign Face - An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 13 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. Street Width - The shortest distance between the lines delineating the right-of-way of a street or private way. Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 14 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 06/17/2025 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 06/17/2025 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.