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HomeMy WebLinkAbout2017 04-04 PC PACKET_2FIGURE 7 Updated March 14, 2017 Gem Lake Consolidated Land Use .Ordinance --- Page: 53 FIGURES Updated March.I9,.ZQI7 Gem Lake. Consolidated.Land Use. Ordinance — Page 54 FIGURE 9: Updated March 14, 2017 Gem Lake :consolidated Land use Ordinance -- Page 55 FIGURE 10 Updated March 14,:.2017 Gem Lake Consolidated Land Use. Ordinance --Page 56 FIGURE 11 Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance. — Page 57 ¢jj j.:. . f FIGURE 12 Updaied March 14, 2017 Geier: Lake Consolidated Land Use Ordinance. Page 58. FIGURE rs Updated March 14, 2017 Gem Lake Consolidated Land Use. Ordinance — Page 59 FIGURE 14 Updated March: 14,2017 Gem Lake Consolidated Land Use Ordinance — Page 60 FIGURE 14a Updated March:14, 2017 G►n..Lake Consolidated Land Use Ordinance -- Page 61. FIGURE 14b Updated March 14, 2017 Gem Lake Consolidated.Land Use Ordinance —.Page 62 FIGURE 15 Updated March 14, 2017 Gen; Lake Consolidated Land. Use Ordinance —Page 63 FIGURE 16 Updated March 1.4 2017 Gent Lake Consolidated Land Use Ordinance, — Page:64 FIGURE 17 E.. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance —.Page 65 FIGURE 17 Updated March 14, 2017 Gem Lake. Consolidated Land.Use Ordinance — Page 66 • f. .. .. .. ). otherre of ift"el en ... .) .. the Updated March 14, 2D17 Gem Lake Consolidated Land Use Ordinance —. Page 67 3;qh!te the Updated March 14, 2017 Gem Lake Consolidated Land Use. Ordinance — Page. 68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Updated.Mar ch.1.4, 201.7 Gem Lake Consolidated Land Use Ordinance. — Page. 69 - M­ - EN" oi. 9: S Plans. For. Re-developmenti of Single Lots -:or Small Subdivisions. An applicant shall. follow' the' followisag .procedure when seeking approval for..new bu ilding construction (not an addition or expansion to an existing building) upon land which was developed at .the. tie of the application,: either requires .no subdivision or. is . eligible for minor "subdivision. approval, and for which no new streets are'required. Such:appgcftdons.Should. be processed for a Zoning: Compliance Permit administratively by the Zoning Administrator unless the proposal requires conditional use permit or variance approval:. 9.8:I. Suggested Presentation, The plans. fot. thus type of development shalluse 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. 9.3.2 Required Submissions. The applicant shall submit four (4) 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 tlie:.av .. proposaL In all circumstances, the proposal shall include the elements required for%reviewundcr Sections 9.7..5 (Building Type) and 9.7.6 (Design). 9.8.3 Connectivity requirements, Vlzile improvements to an existing roadway are riot 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 Updated March 14, 2017 Gem.L.crke ConsolidatedLand Use Ordinance - Page.70 comply Nvith Section %7.3(q. Single -lot proposals must indicate design incorporating the:requitements of 9.7.3(C), but only must build. the.improvements when thc. 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. 9.8.4 Evaluation of Incentives. Any incentives created. by the City Council. =d in effectat the time of development application may be. sought by the applicant. The incentive :items and. allowances, and their effect an the overall development plan, shall be approved by the City Council,.unless:specifically delegated within the ordinance creating the applicable. incentive. The request for incentive approval does not require: City Council approval of theentite.plan. The Zoning Administrator -shall confer with. at least one City consultant; as directed. by ordinance or at the Administrator's best discretion, in order: to evaluate the .proposed incentives and make recottimeindations. to theapproving 4100rity. If incentives are applied for; the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to.:.submitting the application c, the Planning Com, ssion. If.any applied -far incentives axe iecotxinaeinded 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. Minn. Star. 15.99, Mina �:5tat. § 4G2:.358, .and other applicable laws and ordinances. The extension request shall be indefinite; the City;;"shall. pxoces.s. the` resubmitted materials within the timelimes.:specifted. by law; treating the date of re-subrnission.as .the. ftcsti day of any applicable time period. 9.8:5 Adiriiiiistrative Approval. If the application satisfies::O. applicable cxiteaia ;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,permitunder the plan. 9.9 Parking Regulations. 9.9.1 On -street parking, either diagonal.(ii g14.ar`paral14 shall b`e provided along 0 streets other than Alleys. Parking is indicated on .the Thoroughfare standards'`atTigu res 2_ and. 3. Wheie angle parking is permitted or required; the parking may be .forward or reverse .angle. Poi king spades (other. than handicapped spaces) on thoroughfares and on -grade parking lots shall b.e no wider than 9..feet Plans for new"developimnt and; odie Majgx subdivisions .axe encouraged to -= p.glan thoxou hfares and ci.Yie spaces<.. provide a'sigFsi£icant,portion of the`pa` king required for planned buildings. On- . street parking within 11..8 of `a mile of a building entrance may be applied. toward that building's applicable parking requixeiment: 9.9.2.A parking plan shall be'u eluded; £oz: an ibuildings andicatiiig hoed the parking. requirement for each. propose building is met thzaugh.an-street parking, shoed vff-street parking or dedicated off-street parking, Reductions :in the. nurnbcr af'spaces required`by the Building Type xeguiatxprFs may be approved if the proposal is supported by a parking study spec fie. to. the proposed; buildQ.(s} and like "'tenants. Shared parking proposals are encouraged and. should reference``kle_;Urban Land Institute's Sliared:'Pazking Guidelines or similar guidance. Plans including off-street parking and loading'-. Ea' within the `Gateway Disrz ct..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 desirab1c, :it will rccommerid: an alternate parking`:: a&i to the Plannin Commission, which shall make a recommendation to tine City Council for final review and approval:''::;;';-, 9..9.3 The Planning Comrr fission; r ay''recorntnend • and the City Council may require a contribution of land or money towardcommunity parking fari.liti.es in lieu of.providing off street parking facilities on the property to. be developed. 9.9.4 On -grade .parkirig areas ivitbin lots we:prohibitedwithia 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 strcets..(excluding Alleys).. Parking.areas.shall be landscaped in accordance with the. Gem Lake Landscaping Ordinance. 9.9.5 Reduction of impervlous 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. 9,9.6 Bicycle Parking. Parking plans shall include designed space and facilities for bicycle parking, at a ratio of l bicycle.(,., parking space for. each 4. iesidedtial 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 Updated. March 14, 2017 Gem Lake Cnrrsolidaled.Land Use.: Ordinance — Page 71 to impede pedestrian or automobile traffic flow or to cause darnage to plants and trees from bicycle traffic. The facilities shall be of.pertnment construction, attached to. the. ground,: and designed to allow the bicycle frame and both wheels to be securely locked to the parking :structure. Facilities .shall be at least two feet in width and six feet. in length,: and. be placed to allow a mi imum:of five feet of back -out or maneuver. space. 9.10 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. InGases where building and..site .design standards are specific to Building. Types, those standards are noted. within. the Building Type Template. 9.10.1 Site layout guidelines.. A) :Site design shall incorporate existing topography and natural:;features; such as hillsides, wooded areas and greeaways. Important vistas and viewpoints,. broth from the; site and into the site,. should be protected and enhanced. B) Building arrangement.. When. multiple buildings, are proposed; for a. site, care should. be taken to provide maximum street exposure for all buildings. C) Service and docking facilities. Loading, residences and :public streets. When this is through the provision of walls, fencing or 1, D) Drive -through facilities, vv. and shall provide .sufficient.. s should not face publicstreets; natural surveillar circulatian.':Paxlc with the City; .effects, shall bean which reinforces and visibility, enhance the areas shallbd locate, i.8. th teees recomlip6odation ` ms ,rated: by a masonq wall, de street wall. .livery and service bays shd be oriented away from existing ipzactical, service: and docking'areas shall be screened from view lscap ng. shall -lie desigsed with safe.and easily -understood traffic patterns eased on requirements. of Section 9.9. Drive -through windo.. vs ssshould not eteate.nuisances for adjacent properties, igs shall l?e' located. so rizat=-'they minimize shadowing on adjacent be. required' for'any bu ld ng that is more than 2 1/2 stories. or 35 feet Mixed uses: At least 70: percent .of the front facade of any building shall is ;by the Building Type Template (with the exception of a "dooryard" di*.The placement of buildings shall reinforce die street wall, maximize ;hmctit i:<of the surrounding area and facilitate pedestrian access and side. or rearof.the principal -building or use served. The City Council,. approve alternatives to thin requirement, pYovided that any adverse oiative fence or planted materials, betweeu38 and.46 inches in height, 9:10.3. 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 Years shall be.located. to the rear or interior of the site, or underground. The.City. Council, with. the. City Axchitect's recotntnendation, may approve alternatives to this requitement when one or more -Of the: following occurs: A) The .proposed building has.pxiznary.or:come�r frontage on a:Type C orType I]. street. B) Commercial buildings are located across thestreet from the proposed. building. C) Unusualor unique site conditions makethe requirement unpractical. 9,10.4, Building heightand 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 he compatible with surrounding buildings in roof form and pitch. Larger buildings, where permitted, shall he Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance.-- Page 72 designed to reflect the same arddtecturd, rnassing and. -style. as other buddingsbUilt or proposed within a two -Block area. If no other. single, large: buildings are present or proposed in the area, then the.facsde of the new building. shall be designed to-reflect..the form; .mass. arid: 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: A) Stepping :back or extending a. portion of the building faeade; B) Emphasizing architectural elements,. including windows and, entries; and C).Emphasizing .architectural elements of the roof, including dormers, chimneys and gables. 9.10.5: Building facades.. Bbildirg facades shall provide architectural detail arid shall contain windrows at th&ground level in order to create visual interest and maximize outdoor surveillance and visibility, Exterior materials and appearance. shO be corripatible with surrounding buildings, A) Front. Facades. and Entries. 1. Primary entries to residential.btiildings. shall be cinphasized through the use of architectural features such as .porches and roofs, recessions into the`facade, or orlex, ;details that express the importance of the entrance. At least 20 percent of the first floor .facade that faces ,a' public. street or sidewalk. shall consist of windows and doors: Windows. shall be distributed in. a irbxe. or less even manner. Plans should.avoid piacing:garage doors and. opei%i igs ori`tlie front f'arrade vf'a buil ing. If the garage door or opening is. placed on<the.,front fa.�ade, it`sl all i oti be located on the building's leading -edge facing the street; but shall be. set-backat.leastsix feef fry r ,the frontline of the building oar: an: approved front yard encroachment: (such'as a porch;ox a deck ovei a:tuck under garage): 2. Primary entie architeetural feal importai�ce�of d sidewalk ,shall be window diensi Buildings shall l Builclu ' s_ arc.. str( The .awning shot of the awning: sl3 -.or.fro.nt vala L6 ixot hide: any aicl ta.rionreszdential. or`rriixed-use. buildings shall be emphasized through the use of :es such . as. roofs, .recessions ;into the:'faeade, oz other details that express the 9ttance; At least 60.per cent of :kl'e:,first floor facade. that. faces a public street or. indoors. or.:doorsof :clear Of lightly=tinted glass that allow views into and out of the lows shall be distributed in .a more or less. even. manner. The use of traditional is :;and:: a:.:.one-over-one.;.or. two=oven-one ..sash arrangement is strongly preferred.. entzai ceko:'a:street or blic open space placed no mote than sixty (Go) feet apart.' gly encouraged to use av lugs on the front facade, particularly over the`xnain entry; be:'eompatible in style, material an color to the:test of:t .e huilding,.and the width ild fits t4z .geome.try of .the building facade: There. may be signage on the endpanel an awniug`•proportional to the space available. The installation of the awning should ectural detail' or .charaeter features of the. building. B) Side and ieea-Facades,1I e:.exterior materials and appearance of the tear:and side:walls of any building shall be similar to arid'. Compatible vith the front of the building. Where the: faeade is visible from a public street or right -of ixray ax ar y residential district and concrete -block construction is..iised;'the .facade shall use;.integrany colored Block. or textilro..%lock.. 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 . fallowing: 1. The.fa9ade shall be divided architecturally by means ofsignificantly different materials or textures; .2..Horizontal. offsets of at least. four. feet (4') in depth; 3, Vertical offsets in the rooflirie of at least four: feet (4); or 4. Fenestration at the first -floor level whichiis recessed horizontally at least. one foot (.I' into the fagade. - Updated March 14,. 2017 Gem Lake Consolidated Land Use Ordinance — Page 73 9.10.6; Architectural variety, The use of a variety of architectural. features and building.matetials is encouraged to. give each building. or group of buildings .a distinct character.. Whe4 accent colorsare proposed,the number of colors should be limited to prevent a. gaudy. appearance. 9.10.7. 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, anequivalent, or better. Exterior building materials: shall be classif ed as either: pzi nary; secondary, .or accent materials. Primary materials..shalt cover at least sixty percent (60%) `of the facade of a building: Secondarymaterials may cover no more than thirty percent (30%) of the facade: Accent materials imq include door and v ndow frames, lintels, cornices and .other minor elements, and may cover no .more than ten percent (100/0) of the fag gild. A) Primary materials. may be face brick, stone; glass, architectural concrete or precast concrete units (integrally colored. block or textured block), provided that surfaces and u otded, serrated examples :ar treated with a textured material in order to give the wan surface a three -dimes siorial character. B) .Secondary materials may lie decorative. block or. site - I y ;colored stucco, fiber cement siding (jntegi:ally colored or painted) with hidden seams. 5ynthedc.stucco may be'used as a secondary material on upper floors only. C) Accent .materials may be wood, metal of integrated into the .overall building design environmental damage. D) Prolubited.Materials. No buildings ;shy metal; plastic or fiberglass. siding:'; F.ace galvanized metal. or unfinished structural 9.10.8 Colors.. Colors used: :for:extexipr surfaces s; reflect the traditiottal concept: of the town. center.. Where a development pia n..proposeS multiple bun buildings. be co cement when used .in"trim, :Fascia or soffit if appropriately not situated; is areas. whiei lie :subject to physical or. lstract4'of sheet.aluminum, asbestos, iron, steel, corrugated IS:which';_ hich; rapidly deteriorate or .become unsightly such as are not trmitte ted: be harinoiivus. with suirrounding development and shall visually atrasting colorsshauld be used to emphasize architectural -detail. gs'tle plan shall' carryover colors and materials .across adjacent 9:1.0.9 Roofsr' Tlie'; redorninant roof'°slia `e-, tlie:.N.eighgorhood Center subzone is flat with: articulated parapets; the iedomivar t roof`sliape ui tEie.'Neigl hvrhood Gerietal:.su zone is peaked. Roof shapes. in .the. Neighborhood. Mixed- P. Use subzone should:acMeve' a.gradual"transition betweeiy- e two. roof types. 9.10.10 outdoor storage. There shall be no outdoor storage..of either.. materials or products except through the issuance of a conditionaFi se, permit.. 0.1.0.11 Screening, Property boundaries abutting property that :is not included within the Gateway District shall have signif cant dense vegetative.. screening::: 9A.Oil2 Signage. Signage should .lie integrated' as an architectural element,: with attention given to the color, scale and orientation of all proposed signs. in relation. to,the overalldesign of the building. Signs.shall conform to theregulations in Section 1.9 of the Zoning. Ordinance. Updated March 14, 2017 Gem. Lake Consolidated. Land Use Ordinance --- Page 74 SF CTION 10 - RFS]ERA�EpQpEN 5 A , E REC EATIO D RI T " R' 1 Q.1 Intent and PuM.Ok if o and it i es' the avet main : te&eaion-alin nature. There maybe an teges . i a the future for smau neighbaihaoa _':parks" in_otber =as f the .qI. in'? TTcrs Updated March:14, 2017.Gem Lake Consolidated Land Use Ordinance -- Page 75 SECTIONS 11 TO 12 RESERVED. .Updated March 14, 2017 Gem Lake Consolidated. Land Use Ordinance.- Page 76 SECTION 13 PLANNER UNIT DEVELOPMENT 1B A 1� 1 1 e �ur�oses o thi_ 'on are:. To e" au a m a 'v an idenj developmentofn h the preservation o n rugl fegtugs,- and amenities than is possible .vndd th . morg r tri 've 2129lication !2f zoning r u' en . This gection may ll ifi ati ns u - d rd z ri ats audiv LedLedumd ri h- -w n 1 w 1 1 1all zoning distrigo in the U or is xe exr-%-plu Mr , nu Z ILJI, �nacelRecreatioiial f`O51H�. 1 .2 It is the i t of thi an i di .s. ri re rried imul u 1 review lan ac�pment under this. section• 1 1 n sec rri t b din 1 tip u' s h Gem Lg'L, t ' 's' bi s li atLand rdinangf, for the .. r 1imin final 13.3.3 FeKiblty !2f deslgn. sj2ndardscriteria di i n se tia mg be: allp3med as part of Tanned unit developme,nt. Updated March 14, 201.7 Gem .Lake Consolidated Land. Use Ordinance W Page 77 application form. Section13.5 ENE RLNT F D Vt PM 5 D TER � � r 'I: n+L- _i......a;......_4 niF �T] nF Ow- rnmmon oven sr! `� eatblial facilities. .wh . 5.7.1.1 n shapf.. sige,character the co mmon open space must bg smitah!e f r the lannad develo�rnerit, ,1., en mus u ed r amenity or rio Mes RuthOrizedfor t bt- approl2riate t he scAle and character of 1he 124mnedve cQnsiderin its size, denW—.kxpectedj2Qj2uIadQn.tOj2QC,vWI rid the nuwber gidlype of' w' to a v' a i. . •, ,, • ..� � _•■ .. a •� •_ r..■• Updated March. 14,2017' Gem Lake Consolidated .Land .Use Ordinance Page78 Section 13 8 R FW ANL2 AMF�MM N the 1. 1 om e t e Zonin Acliriinistr or m revim s i k a..r a City Coundn to f - nc f r a artz -u a PUa If thr. Zoning Adnw—nistator finds that: e d velo at as no e c i e * 1 a rov f o s fo h PUD . rni t Zoning A nis d th i un extend r t ndW nal er as seto in 17.5 of thtC lid ted vind Userdi to_cancn. or v e o f this er Updated March 14;. 2017 Gem Lake .Consolidated Land Use Ordinance —Page 79 SECTION14 - GARDEN OVERLAY.DISTRICT .Section.1.411 Findings.and Purpose. 14.1.1 The City .Council makes the following findings: A) The land-useplans of the City of -Gem Lake historically have: not assigned any land iii the City Ear longterm agricultural use, as the City has developed and continues to develop as a .primarily residential. comrriunity surrounded by fully developed suburban neighborhoods. The City Council reaffirms the City's intent to encourage .development. of the City in. accordance with.its.adopte.d comprchensive plans. B) At the time this Ordinance is considered.. large land .parcels in the City have. yet: to develop any primary use anid stand vacant Additional large -lot property in the City projected to subdivide and develop into smaller lots: over the next 1.0 to 30 years. The City Council recognizes that economic conditions are not always .favorable for real estate development, and that the costs to carry vagpvland can create. pressures that promote sub- optimal .development. Permitting small -sr -ale agacultuxe as a p�inary use will allow owners of large undeveloped parcels to qualify for agricultural tax classification, and`tlus =lower tax .payments; without. affecting : the long- term plans .for the land. The .Council finds that providing this `means to temporarily ease this pressure..wili enhance the City'.s ability to fully.realize the goals`of'its comprehens �e„plans. C).Several cities and metropolitan areas are''pl improving public. health. Allowing the use. of gardens" to ,grow food will promote local fdc surrounding community. D) As: an.interim use of land, subject.to'thep; will,. be compatible with all allowed:':Iand :us[ comprehensive. plan. 14.1.2. The Council intenids.that the :Garden Overlay:] tong district to add th euses described In the district Overlay District may be. applied to andsoperimposer Ordinance, as existing.or amended by tl-is section and .tofacnerstintended to.affectli`abilia0: their prop. erty'whetheriz ornt the'-:atrerlay 2one'co : temporary: land. use, And. should. no longer be needed regulatiazis of _the underlying. tioning district.'. a greater. emphasis ori'Iocal food production as a means of ble space: in the City. for':!-, iatnmunity gardens" or "market ?ductipri;:and improve..publie=health in Gem Lake and the ons proposed, community gardening. and market gardening the. city .:of :tern Lake, and with the goals of the City's cti.lie'.ava. i le to:overlay on parcels of land in any existing litions to ".of allowed upon that land. The Garden an overlay upon any zotung district, defined in this Zoning hown on the official. Zoning Map. Nothing in this Section is essory uses that are allowed without. the. Overlay zone upon their property. This overlay district is.::iatended to permit a r parcel when it eventually develops in accordance with the Section: 14:2 Requesting:Gasden Overlay. Appiications`'to create a Garden Overlay District. shall be made 'and .considered as .a se -zoning request in :accordance with Sectiarij17' G of this Ordinance. In addition -to the documents and materials generally required for a X-zvniixg app]icativn, the:app} cant shall supply cppies of draft leases, contracts w use agreements to which the groups or individuals using the gardens will;agree.pziox rousing the garden space. Such Agreements must provide the. landowner or designated representative with the legal'alaility to evict a; tenant.and bar entry toany individual member of. a group; if the tenant or individual violates the terms''of:.& s Ordinance, the terms of the Interim Use Pexntit for the property, any restrictive term of. the :lease .or agreement;: or an .y other applicable City Ordinance or. state law: Section 14.3 Termination .of.Garden Overlay. A Garden Overlay District shallremain in. effect until one .of the f ollowing.occurs: 14.3.1 City approval of a zoning application fora use or uses. permitted in the.undcrlying Zone (e.g.. development plan, Garden Overlay status and any permits granted under the terms of this conditional Use permit, or building permit); the Section skull expiresix uzonths:from.the date: of approval; or 14.3.2 The Interirn Use Permit for the. property expires, and no application. is made :to renew the permit within six. months of the expiration; or. 14.3.3 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. Upriated.March 14, 2017 Gem Lake Consolidated Land Ilse .ordinance — Page 80 Section 1.4.4 Interim Uses. 14.4.1..Subject to applicable pxovisionsi of this Ordinance, the following are. considered to be Intexini Uses in the Garden Overlay District; A) Community Gardens. B) Market Gardens. 14.4.2 Interim Use Pcradts granted under this.Sectiion expire on March 1.5th of each year. The permit maybe renewed. annually, at the. discretion of the City Council. Application for and approval .of an Interim > Tse Permit shall follow the procedures set forth in Section 11.5. of this Ordinance• In addition to the requirements: of that Section, the.applicant shall provide a written summary .of the.proposed uses of %rtilizers., pesticides and other agxicultural.chemicals in the ir�asnt enance of the gardens, In approving. an Interim Use Pezrnit; tYie City Council attachsuch additional conditions as it. deems necessary to assure compatibility with surrounding laritluses, including conditions relating to. the useof agricultural cherrdcals on the property. Section 14.5 Permitted Accessory Uses. Subject toapplicableprmnsions of #his OrAinance,.the following are. allowed accessory uses: to any validly issued Interim Use Permit in any Gaz&n Overlay District: 14.5.1 Hoophouses, coldframes.and similar structares`used:to. extend the.growing:season 7 d 4 7 Re-nrlies_ nlantina beds: comnostbins,,rain barrels and'si lilar'structures used to.. facilitate the growth of plants. 1.4.6.2 14.6.3 No;fuel, fertilizer, pesticides or within a'Garden Overlay zone. be.stored on the. property. Section 14.7 General"Regulations. 14.7.1. The:minium`land area for appiicatton of.a Garden Overlay shall pe:ten:acres. 14.7..2 All.gardening.activity and.all structures and equipment shall be setback at lost. A.feet from the property line of any property not.includc( within a Garden Overlay Zone, and at least 150 feet from any dwelling. 14.7.3 All gardens shall be. divided: into garden plots,separated from other plots and from required setback areas by unpaved walkways of at least G feet in width., No. single plot shall cover more than. 10°/0 of thetotal land area of the property on which the plot is located. 14.7:4 Off stteetparking and loading areas. shall be. unpaved and shall not exceed 15% of the.lot.area. covered by:gaa den plots and required walkways: 14.7.5 The property owner is.responsible for the collection and disposal of litter on the property. 14.7.6 The hours of operation for a permitted. garden are V2 hour before sunrise.until, la. hour after sunset. 1.4.7.7 The property owner is responsible for ensuring compliance urith all other applicable laws, ordinances and regulations, including city ordinances and watershed district rules governing wetlands and stormwatei.controL Updated March.14; 2017 Gem Lake Consolidated .Land Use Ordinance —Page 81 Updated March 14, 2017 Gem Lake.Cansalidated.Land Use Ordinance -- Page.$i .SECTION 15 - INSTITUTIONAL OVERLAY DISTRICT Section 15.1purpose 15:1.1 The Institutional Overlay District is intetnded 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 districtis. 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 withinn such an overlay area will be. compatible with all .adjoining. uses. 15.1.2 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.wiil remain -in effect as long as the use and the. user.rernams the same. If an.oveslay area is no longer used, uses are changed or terminated,:the:parcel will revert back:to its original underlying zoning classification. Section 15.2 Permitted Uses. Subject to applicable: provisions of this::Drtlii ancc; .the following are permitted uses in an. institutional Overlay District: 15:2.1 Religious:institutions such as chutdies, chapels, to iiples and synagogues, but with activities limited to worship and related social activities. 15.2.2 Private Child Care and Education facilities as" defined :in the de6.nitions section of this Ordinance,. but with activities limited to school/educational activities. D-) The "Fu1Z day eq i ak each hour. of the "full=:da' Section.15:3 Pexrniite'd Accessory [Ises..5u uses in a'ny Institutional. Overlap I strict' 15.3.1 Accessory. uses, custornaril, a Conditional az;.ntetirin Use is al 15.12 Off street parking; and .loac 15.3.3 Accessory building as desc than one -hundred fifty (1.50); fudeats with a.full-day* defined as ten (10) ' sliall be calculated`by adding together the total number. of students present during af.:scliool.. This totafLA not exceed 1,200, which is 120 students times .1 D hours. Ordinance,the following are. ermitted.a Gcesso cfo applicable. pxoyisiats:oEtkus O g p . r-Y icidental ta;the:uses.perrnitted as a Permitted User Conditional or Interim. Use (if in Section 4.5 of this Ordinance. Section 15.4 .Conditional or Interim Uses subject. to.appiicable provisions of this Ordinance, the following are considered. tobe Conditional Uses in'the Jastitutional Overlay District. 1.5.4.1 Living quarters (such. as parsonage, rectory. or care -takers. house) that are supplied as an accessory use to a principal use provided that: A) The use shall not be used as rental property. ) The maximum of one: (1') such dwelling shall be allowed. Q There shall"be a demonstrated and documented need for such a. facility. Upddted March: 14, 2017 Gem Lake Conso2idaied Land Use Ordinance - Page 83 15.4.2 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: A) .Cornpatibilitywith: the surrounding neighborhood is.mainta. ned and required setback and side yard setbacks and side yard -requirements are met. Architectural standards £or all buildings shall.be consistent with those in adjacent residential property:' B) Any equipment is completely screened in.a permanent. structure with no outside storage. C) Adequate screening from neighboring uses and. landscaping is provided in compliance with other sections.. of this Ordinance. 15:4.3 Public recreational facilities provided that: A) The site is landscaped. B) The use is available to the "public'. C) The land area of the property containing such uses: or activity meets the. mini+rum established for the district D�. Adequate .screening from acighbot ng uses and,landscaping is provided is :compliance with other sections of this ordinance: 15A.4 Publicly owned or cultural. buildings such as libraries '.r t' (hoes, auditoriums, publi `administrat on offices and historical developments, but excluding pbb, ..c;.�rorks type Eacilities'::and uses, provided that A} compatibility with the. surrounding. neighborhood is rantained and required setbacks and side:. yard requirernems are met:. Architectural standards foie:<iMl buildings shall. be consistent with those in. the adjacent residential property B Ariy equiprr ent;is completely; screened in a<p;T anent struGtute -with no outside storage. } C) Adequate screening fxvm,n'eighboring uses and. landscaping is provided in compliance with other sections. of. this:ordinance. 15.4:5 T3ay,` axe, -racial services: or ❑ther,:nan-dixectly`ielited worship activities, as an accessory use within a religious. Building;'pzoyided that: A) Conpatiliility with the surrounding neighborhood` .is .maintained and required setbacks and side yard requirements are met. Arrl itect.arai standards. for all buildingsshall bee consistent with those in the adjacent residential property. B). Any equipinent'is completely screened in a. permanent structure with no`outside storage. C) Adequate: screening from neighboring uses and landscaping is provided in compliance with other sections of this ordinance and the Landscape. Ordinance. 15.4.6 Accessory Buildings with a curnlilative total greater than one -thousand (1,000 s.f.) square feet. Section 15.5 Lot Area and.Setback Requirements: The followingmir imum-requirements shall be observed in an Institutional Overlay District:subject to additional requirements, exceptions and modifications set:fotth in this. ordinance: 15,5.1. 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:rneans 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 (129/0) percent. Updated March 14, 2017 Gem Lake Consolidated .arid Ise Ordinance — Page 84 15 .2 Lot width: A) Two hundred (200) feet of frontage. which must be located on a County or State maintained roadway 15.5.3 Setbacks TABLE 15.5.5 FRONT:YARD SIDE -YARD REAR YARD .50 foot set -back $0 foot set -back 50 foot set=back. A) Set -back measured from .the closest. of any lot line, road easement, road right-of-way or the like:. 15.5.4 Accessory Sttucture(s) Setbacks. FRONT YARD SIDE YARD 100 foot set -bank 50foot set -back.. A) Set -back measured from the closest Of anylvt' line; road, road Section 15.6. Lot Coverage and Height.Requirements. The following lot coverage the Institutional Overlay district TABLEA 5.5.4 REAR YARD 50 foot set -back road right-of-way or the ae. and Height =cquiretnents shall be observed in 1541 The totallot coverage. of all buildings`an&gther structure$ shall. no . exceed Fifteen (15°/a)percent. 15A2 The mi imum open space requirementfor any proposed use shall: be twenty- ve (25°/a} percent, including green. areas not covered by buildings, parking lots; access roads, stoaage. areas (if otherareas covered. by impervious surfaces: 15: G.3 No: building strutt i e'shall e ceecl.rhirty-hoe;{35 } feet in heigat:.: 15.G:4 No accessory structure; shall.exceed two (2� stories: pz :twenty -.five (25') feet: in.height;. whatever is -lesser and no accessory stnxctiure.any part ofrvhch is'widun flu ee-huridced (300')feet of an "R" district or a roadway bordering an "X, distrigt; ' ..exceed.: fifteen Section 15.7 Landseapw' g and Scree 15. .1 As mostInstitutionil Overt and screening sliall;6e provided to i Residential areas. Ti s:landscaping Section 15.8 Procedures for Regiiestrig. an 1:5.8.1 Application for.re- will .occur;in residential areas or closely. adjacent to Residential areas, landscaping. late all li6t: and noise from.thallutitutional Overlay use from entering the adjacent .&screening must be done in accordance with the procedures in this Ordinance. an .overlay. A) .An Institutional Overlay shall be considered a.rezoning fora specific parcel of land. This overlay may occur in any Toning district in the Eity. of Gem Lake. Theapplication for an Institutional Overlay shall be:made .on a form provided by the City Clerk. The fee for as institutional Overlay shall :be thesame 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 zepart is provided properly identifying the: parcel to be rezoned; . . Updated March 14, 2017 Genf Lake Consolidaled Land use .ordinance — Page 85 3) All requirements of the .Plan Review described in Section 14.1 of this Ordinance have been met. ' These. plaris. must be reviewed.and approved by the Zoning Administrator, Planning Comtru.ssion 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 tune;. 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 registeredproperty abstract currently certified together with unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership .mi terest 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 cent£ed list shall be obtained from the: County Assessoi and. supplied to th&.City Clerk, 15.8.2 Procedures A} Pursuant to Minnesota Statues 15;99 as may. from. timeto=tune be amended,. an application £cr..an institutional Overlay, shall. be approved ,or denie&'v_71thinn. the titr a ailawed for by law. £torn it's official and: complete submission unless notice of exterisoi is provided by the "City. or a tune waiver is grarnted by the Applicant. If applicable, processing of the application through required stiatie and federal agencies may extend the review: and decision making period by the `additional time allowed by law unless this lisnitatian 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 Administratoron an official application forr';availal le fox available'£tom the City. Clerk. Such applicattons. shall. also be accompanied by. five (5) Wge, scale copies. and one,'-,'.(.1•), reduced scale copy of 'detailed written and graphic. materials fully explain' g the processed change;:; development, .or use. The request: for an. instttutionsil,D erlay: shall be placed vn. the;agerida of the firstpossible Planning Ci3IT]ITLi5Sidn meeting after the';date of`submission ❑£`the cotripleted`apOicatton, The request shall only be considered off cially'subsnitted. -AL all the irifortna onal requi rerrients are. co;rnpE with. 2} L3pon .xeeeipt. of suh.application; `the City shall set a public hearing following proper hearing notification as applcalle Thc;Planning Corsuriission shall conduct the, hearing and report its findings and"rec4 endations„to the Ctty`Council 'Notice .of said hearing shall consist of a:. legal property description,'and descn. p on of the regucst, and shall be published in the official newspaper at least ten (10) days priorJo this Bearing and.writren notice of said hearing shall 17e. mailed at least ten (10) days ;prior to. all owners oflandlw n three fifty (350') feet of the property in question. The City Clerk shall Have tFe sight. to provide additional property owners notification beyond.. he three hundred fifty:(35Q.'} foot distaice:if it is judged that the request will Have an impact upon additional properties. The'reco ds of the>County Assessor shall be deemed sufficient for.detemnir ng the location and ownership of allsuch':prvperties. Acopy of the.riatice.and a list of the property owners and addresses to which the notice is. sent shall be attested..arid.made a part of the records of the proceeding.. 3) Failute. 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 a) The. ptoposed action in relation to specific policies and provisions of the Official City Comprehensive Plan b) The proposed •use's conformity with present and. future land uses inthe area. c) The proposed use's conformity with all performance standards contained herein. Updated March 14, 2017 Gem Lake Consolidated Lund Use Ordinance:--- Page 86 d) The proposed use's effect on the area mi which it is proposed. e). The.proposed .uses impact upon property value in the area in which it is proposed. 0 Traffic.generation by the.proposed usein relation tocapabilities of streets and roads serving. the.property. g} The proposed use's impact upon misdng public services and facilities including ;parks, schools, streets. and utilities. and the:City's service capaeity. 5) The planning Cotrunission or the Zoning Administrator' shall have the authority to request additional information from. the. applicant or to retain expert testimony at eh expense of the applicant, said information to :be declared.necessary to evaluate.the.request and establish. performance conditions in relation to all pertinent sections of this Otdinance; Pa Le on the part of the: applicant to supply: all necessary supportive information may he groundsfor.recommendation of denial of the request: G) The appficant:or a representative thereof shall appear.before the Planning Comalission in order to answer question concerning the proposed request. 7) The Planning. Commission shall reeoiumend approval or denial:af,the. request. 8} The City Council shall.not:act upon.sueh;an Overlay request until they; have received a.report and recombiendation from th6 Planning Commission; :IE owever, the Planning Cornmission.has not acted upon the request after'tliiity;:; 0) days. froin' e first regular meeting at which the. request was considered.,. the City Council::may.;proceed wat.h.its`consideration and action on the request.. 9) Upon. receiving the. reportand tecommen" ation of the. Planning Commission, the. City shall place the report{aud'revmmendariori on.: the agenda; fvrthe ttext`Yegular City Council meeting. Such reports and recommcndat ons-shall be. eritiexed into'.and itiacle'part o£:the permanent.written record of the City Council;: meeting. 10) Upon'receiving tire; -depart and reco meadation.of the Planning Commission, the City Council shall.;have'the. .option; to'liold`another public hearing: if deemed advisable: Mk11 .If u `oi%'receivin:.such reports and; recommendations from the Planning Commission, the City } P.. gP Council :fuids` ; _that specific inconsistencies. exist in. the. revic-w process and thus. the . final. :,.zecommcndat16d`of the City..:.Council will differ from: that of. the Planning Coitamission, the City 'Council .may .before taking an}+ final action, refer the,matter:back to the Planning Commission. for fiirthex consideration-'-:;,'The;City council shall. provide a written statement: detailing.the specific reasons for referral. Thus procedure.Shall be followed only one time on a singular request: Approvals A) Approval of the Overlay request shall..require passage. by a four -fifths {4 of 5 votes) majority of the entire City Council B) The Institutional Overlay zoning shall not become effective until such tune:as the City Council approves•the overlay and after: said approval is published in the official newspaper.. C) Prior to the start of building or any remodeling that will change the outside dimensions of: a buildingor structure; in the Institutional Overlay Zone,. a plan review,. in accordance with. section 14:1 .of the Zoning Ordinance, shall be made. No building permits shall be issued until this plan review is complete. 15.8.4 Denials:. . Updated -March 14, 20.17 Gerry Lake, Consolidated Land Use Ordinance- Page.87 A) If the City Council finds that a proposed use contemplated for the parcel which is the sub}ect. of an.. nal Overlay classification.is likely to have a materialadverse effect on the application: for rezoning to Institutio idering possible adverse effects. wliichmayinclude, but not be. public health, safety of general welfare after cons limited to, those delineated in Section 2.0..7.2 D) (1-7) above, .then such application shall be denied. 15.8...5:Recording of actions taken A} If a request :fox 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, irrunediateJy 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 reco4ng.is famished to the City. 15.8.6.. Actions if the overlay is denied A) Whenever an application for an overlay disrricthas been considered and denied by the. City Council, a.sintilar application and.proposal for an overlay affecting the, sa property shall not be consi&re d again by the follows - Planning Commission or die City Counril£.or at least;one; )`year,f to the date of its. denial except as follows: 1) Applications for an overlay are tivithdra v .prior .to the CityCouncil taking action on the matter. 2} If the City Council deteriniiies hy. a vote of not Ies than faun=E`iftl�s (�. of S votes} majority that the: circumstances: surrounding aprevious-application hays changed sig uficantlT 15.8.7 Tiint period (duration) of. this :Institutional Overlay.appigyals A) An Institutional Overlay shall retriairi In.gffect until or e of :the following occurs:. 1} C3nless the City Council specifically approves `a:d ffeient time'.'vvhen action is officially taken on the request,. the. .rezotung .for ar :Irisritutional Qverlay,shail becorn5F iauil and`"void twelve (12} months. afte> the. date of. .............::;.:.:r:: _:. approval, unless; toe property. owzier. or :applicant'has 'sub`staptially started construction of any building,.. structure, additivrs or altexat- j.:: or use regi 6i' d &r.this overlay. The property owner or applicant shall have the right to subrrut :an applieativn.: for time .extcrision iz. accordance with this section. 2) if any. orie of: the foilowiii$;oecur the `overlay shall expire: d.in a) The use.of the. propeq is changed this secdoin.of hot in accordance with the u:o ..sesurline'to.. this Ordinance hicl>the permit for and overlay District has been given is :not longer the h}:The organization to w occupant of the bi&ng or.facilities on the site. No: leases"or subletting.of the building or facilities operating on an Institutional Overtay shall be pertnitted. 3) If ail Ir st tutivnal'Dverlay is allowed. to expire or is revoked for cause, the. parcel. of property shall revert back to tkie`underlying zoning of the parcel. Updated March. l , ZOl7 Gem Lake Consolidated Land Use..Qrdinance — Page 88. SECTION 16 - GENERAL PROVISIONS Section 1.64 Application of this Ordinance 16.1.1 In .their interpretation and application, the provisions of this Ordinance shall be held to lie. the minimumrequirements fox the promotion of the public health, safety, morals and welfare, 16.1:2 Where. the conditions. imposed by any provision of. this Ordinance arc 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 xestrictive; or which.impose:liighex.standards or.. requirements shall prevail. 16.1.3 Except zgda.tUis: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: 16.1.4 When land is proposed to be annexed to the City of Gem Lake the Planning Coxruiussion shall hold a .public hearing upon the permanent. zoning of said land. The xesults'Qf tl�e }fearing, along -with a recommendation, shall be Ai presented to the City Council. In. the event of anriexation.proceeflin beco nirig final before the..permanent zonrn. is determined, the annexed area. Ahall be placed in the "R 1=' " District And.such classification shall be... considered as. an interim step pending permanent classification, 1G..I.5 Real.Property Development. In accordance with5e�.tion 12..1.3 of.the GeniLake,Compiehensive Municipal Plan, when making application for development of real proper' in the City of Gem Lahe,.the`;deyeloper shall submit twelve (12) sets of all plans, variance teQuixements and permit xegturetriei is ui forms acceptable to the Zoning Adnirustrator. or City officials including, but not l ted t:0 t following: A) A Site Plan;. and H} A Description of Future: Expansion Plans; and I} All Variances, Cdiiditio ial and Interitm.Use Pexmits;. and Zorung..Amendrnents required;. acid )J Aft other such:plans or information as may be required fox specific zoning districts, 16.1:.0 Development Review Considerations. In accordance with the Scotian 1.11 A of the Gem Lake Comprehensive Municipal Plan, when making recommendations and decisions considering land use, variance. applications, or.rexoning applications, the Planning Comsmissi.on.and City Council shall.review and measure the unpact.of such uses including, but not limited to; the. following. as :criteria: A} The impact of the. use on adjacent uses.; and B} The impact of the use on air and water quality; and C7 1he impact of the use. on traffic generation 4.. Updated March 14, 2017 Gem Lake Consolidated. Land.Use.Ordinance --Page 89 D) the impact of the use on public safety; health. and welfare; and E) The. impact of the use. on the economy Section 1G.2 v ab It is hereby declared to be the intention of the Mayor and City Council that.the several provisions of this Qrdinance are: v ..: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 ofhex provision of this Ordinance not specifically included in said judgment. Section 16.3 Non -Conforming Uses and. Structures 16.3:1 Any structure oruse 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. 16:3:2 Nothing in this Qrdinance:sh&prevent the placing of a structufei' safe condition when said structure is declared unsafe by the City, any.sttucture or land mi any district has been changed to a confirming 16:3:3 When any lawful non-conFouxung use of use.it shall not thereafter bechanged to any non-cvnforxning'-use. 1.6:3.4 Whenever a lawful.non-conforming building: yr structure shall have been-.4arn.aged by fire, flood, explosion, earthquake; war; riot; or act of God; if. may be recoiastructed..and used as. before i f it lSe reconstructed within twelve (12} months after. such calamity, unless the damage. to the.btitcing.or stricture is. fifty percent (5d°/0) yr.moO di its. fair market value, in which case the seconsttueton shall be for a'useii.'`aeeordance with the provisions of this Ordinance. 16.3.5 Whenever a.Iawful, non-conform4ii ise'of:.a-building of struetu�re or land is discontinued fora period of six: (6) months, any future use of said building or structure or land„shall be m: conformity with the provisions of this Ordinance.. 16.3.6 Normal. maintenance o£, a building or other. structure. coA....ng. ai'related to a lawful non -conforming use is permitted, including necessary Wort=structural repai s and iricidential`;alterations which do .not extend or intensify the P nonconforrriing use. 16.3.7 A.lawful non-con.forrning use niay he changed only::to a use of the same or mare.`restricted class..ificativn 16.18 Alterations maye made to a structure or liuildirig. cantatcung lawful non -conforming iestdentia units w en.. t ey will improve the livability th ereof, provided they will'nat'+increase the number of dwelling,units. 16.3.9 Uses Not:T-tovided for Within Zoni igpistricts A) Whenever, in any Zoning- District, a use is neither specificallyallowed aor denied, the use shall be considered as prnhihitecl In such cases,-' City Councilor the.Planning Commission may, by their own initiative, or upon. request of:diep rbp. rty owner; conduct a study to. determine if: 1) The use can be deemed consistent with the'Coinprehensive:Municipal.Plan, . 2) The use is acceptable. to and will not adversely affect adjacent property owners- 3 ) rie use is in.the.public i tetest 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 of the`xcal property owner may initiate a request for an amendment to the Zoning Ordinance to provide for the particular use under`consideration in. accordance with the defiivtions and provisions contained in this Ordinance. updated March 1:4, 201.7 Gem rake Consolidated Land. Use Ordinance — Page 90 Section 16A Lot Provisions 16.4.1 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 chaps covering the. sarea. shall not be included in any area calculations required by this Ordinance. 16.4.2 In all residential districts, a lot must include contiguous buildable area as shown in tables located elsewhere within the ordinance unless the lot is.patt of.a cluster or planned unit development that has been reviewed and recorrztrzcndcd. for approval by the Planning Commission and. approved by the City Council.. Section 16.5 Accessory Buildings 16.5.,1 No accessory buildingor structure shallbe constructed on anylotprior to the time of construction of the principal building to which. it is. accessory. 16 5.2 No accessory building shall exceed.the height -of the:princip1 building. However, in no case, skull such accessory building exceed twenty -Five (25) feet. in height. 16.5.3 An accessory building.shall be considered to be anintegral.part of the'Principal building unless it is six (6) feet or. more from the principal building. 16.5.4No detached accessory: building shall be less than'sixty (GO') feet from the public:=right-of way except on a corner lot; unless it conforms to the side yard.requirements. of j&,:principal li iilding. Those :accessory buildings. located sixty (60') feet or more behind thexight-of way line shall have a side'yard o£two (2'} feet or irivi a and a rear yard of three (3'} feet or. more. 16.5.5 No combidations. of accessory huildigs. shall'el e;.-allowed to exceed lone -thousand (1,000)square feet in size, except by .Conditional or Interim.Use. Permit fro n.the City Council. Section 16.6 Re =' cd Yards; O: ern' S` 'ace arile Hi h:tt q P: P ,:. g 16.6.1.No. yard or otheropen `space shall be reduced in...area or dimension so as to make such yard.or.other open space less than: the:ininimurri required1 this irdinaa.ce, and if -the existing yard or odner.opcn space as existing is less than. n;;n;n m zcquircd :iz shall nvt b'c'fiutitcr zG[iuccd. ; tFic .. 16.612 Na �eqt red yard oa `other open'space allocated to a building.or dwelling group shall be used to satisfy min mum . lot area requirements, for .any `otli'er buildings :. 16.6.3 The.fol o:� ng shall be considered as permitted encroachinents.on set -back and height requirements: A) In any yarcls:;posts; offs et open parking -spaces, open terraces, awnings, open canopies, steps,. chimneys, Arid flag poles. B) In front.yards. seririce'`stations pump islands and fences.. Fences must be. at least eighty (800/6) percent open. C) In side and rear yards:.fences or walls six (6') feet in height. or less. Hawever;:in a corner lot no obstruction higher than three (3') feet above. curb level shall be located withiin 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 regulationsfor fences. D} In rear yards, recreational and -laundry drying equipment, open arbors and. trellises, balconies, breeze ways, porches, detached:outdoor &.wing rooms, .barbecue facilities and portable seasonal.iiving structures. E). Height lirnitations shall not apply to banns, silos, and other structures. on farms; to church spires,.belfries, cupolas and domes;.. monuments; chimneys andsmokestacks, flag poles; public utility facilities; Accessory and Secondary Useantennas and parapet walls extending.not.more than four (4'} feet above the limiting height:o£ the. building: Updated March 71, 2017 Gem Lake Consofidated Land Use Ordinance. — Page 91 Section 1:6.7 Traffic Visibility 16..7,.1 No fences, structures or planting. exceeding thirty (301t) 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.. Section.16.8.. Fataiing Operations. M8:1 All farms in existence upon the .ef€ective 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, ail regulations. contained herein and other. City Ordinances as:in.effect shah 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 reguladoris of agricultural buildings. Section 16..9 Essential Services 16.9A Essential services: shall be.permitted as authorized andd:-i v.state..law and ordinances of the City of Gem bake. Section 16.10 (Deleted) Section 16.11 (Deleted} Section 1.6.12 Relocation of Dwelling Units 1:6112.1 It shall :be: the stated policy of the Ci development and to protect residentialarea r dwellings. form other areas, both vvithin .the C relocation of dwellings as :staged:,a ove. must the zoning district where: akh&cessaryspecifi conditions as laid down`iu`&s 0rdiriarice ari Perinit from the City Couiawherein tl e'fo , 6f Gerii..I.ake to znaiixtain a harmonious and high: standard of residential. 'from deleterious effects;: through. insuringthat both new and relocated ty of Gem lrake':and from outiside, shall..meet specified.requiiements. Such :or Fp iri to allulations of"ti"uiiding. Code. and shall be. permitted:in atioris;'as to l; ,-t es; setb-ticks, type.of use, height regulations: and all other met. 15`:1'2 2=Ia additiori 'such relocations shall require a:Conditional Use owing procedures shall -be followed and provisions shall be met. A}, canod 6WIl be made formm p Uided`tiy the City Ucrk. B)'IA fee for the Relocation 6E.D,weMrig Units" shall. be required in an amount established by resolution. of the City Cauncit at it's first.meeting` januaa7 of each year. Further, the Gity.xnay:7inp.osetidditional fees including, but"`not;.limited to, engineering costs :attorneys fees, expert opinions and publishing costs..payment of which may so:: be required of the:applicant as: = of the process. lbe building mover shall meet.all.requirements for licensing `and insurance. as. required by.Minnesota Statues 221.81 and as from time to time amended. C) The application shall be':referred to the City Council, -who shall set a time and place for a public..hearing giving at least ten (1(1� days'j public notice of;such hearing. D) At least -ten (10) days before such hearing, the Council shall mail a notice of said hearing to property owners within three -hundred. fifty (3.50) feet of the relocation premises. Failure of the Council to mail the notice, or failure of the title holder. to receive the notice shallnot invalidate the proceedings. E) The Planning Cornmission :shall make a report to the City Council on the :matter. before. or at the public hearing. F) The City Council shallmake a finding and declare whether or not the:.structure to.be.moved is. architecturally compatible. Section 16.1.3 Fences 16M.1 General Provisions Updated March I.4, .2017 Geni Lake Consolidated Land Use Ordinance — Page 92 A) No fences shall: be placed on or. extend into a public or private right-of-way or utility easement. 13) The. side of'the fence considered the "face' (i.e. the side having no structural suppotts) shall face abutting property or the public. or private right-oflway. C) Both sides of the fence shall be maintained in a condition of reasonable. repair and. appearance by it's owner and shall not be allowed to.become. or remain in a condition of disrepair or danger or constitute.a nuisance; public or private, D) No physical damage of any kind shall occur to abutting property during fence construction. E) All fences shall be constructed inside the.property lines of a lot. If..corner property stakes cannotbe readily identified; a.certificate of.survey and setting of corner property..,stakes is necessary before:. fence. construction. starts. F) Allman -made fences shall. consist of materials comparable ii ,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: G) Chain link fences shall only be used for do' confin ement areas (six'(6'D") foot rhaxmum height), around SyArru ing pools or spas four (4'0") foot rrlaxiiiiurn height) or. for tennis co irts,.,(twehre.(1Z'0") foot maximum heiglit) imlear and side yards only. Chain link fenmWhih need additional heigl ti:ar;for other uses or placement. sliall requise.a.Conditional Use Peirnit, H) Fences, utilized for the protec6o" n`o£ gardens, crops .arid,shmbs from deer and other wildlife..which are setback a +'ninimuin of twenty-five (25':0") feet 'Fxona.any property line, are at least eighty ($0%) percent open and not greater than sic (CO.") feet iri'lx! in and.'Ire;litnited tv ;specified. areas requiring protection, shall. he exempt from. any City;;-zey ew.pt processing regwreme..;, I) It is recornmeri3ed that ah.fenees. be screened, with trees or`shxubs to buffer views, neighbormgP p to ert}' or public. tight of-way.iir: to generally ensure I quality and.compatibility with the natural character of the. community. 16..13.2 Specific Fence Standards: Ferices.may be'allowed in the City of Gem Lake subject to the following standards: .k. Split rail. fences not; exceeding:f rty eight: (4$") inches in height. are permitted anywhere widen. the property lsiie.s ;o :a ot located widhi the City: I geation of the fence in relation to the.propeirty lih as .described in 1 G:13.1 E} raust':1?e;follawed. F) Except as .tr ay be provided. herein, :.fences up to six (6'0") feet iti height and no more than eighty ($Q°Io) percent solid rriatter,shall ;li.eiperrn tied along the boundaries of the side and rear yard of a lot on. a permanent basis. Location digfeii8C_; relation to the property lime as described in. 1.Ci.13.1 E) must.be followed.. C) Fences not -exceeding six (60") feet. in height, in areas other than for -residential areas of the City, may he permitted in front of the front building lines: as established by the primary structure on the .lot, wiemrequited. for.screening of adjacent property. D) 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 (20V) feet .of the lot cornier formed by any two strects or within fifteen (13'0") feet of any street right-4-way; E) All swimming pools. must be completely enclosed with a, safety fence at least: four (0') feet 111 6ghtwhich 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. C) shall be.installed and.shall be.iii-place before the pool is: filled. .: F) All outdoor spas :shall.have:either a fence: or a iatchable cover, as described in 1.6.14:3.D) Updated March 14.2017 Gem. Lake Consolidated Land Use Ordinance -Page 93 G) Freestanding stone, brick, stucco, concrete, wood or other walls,, not required' as retaining structures, are considered.fences under this section of this Ordinance: H) There. are no height restrictions on 'natural hedges or plantings :utilized .as fences 'in'any residendal zoning district:except no plantings. greater than thirty (30") inches high shall. be.located.in the sight visibility triangle on the coiner of the lot defined as within. twenty (WO") feet. of the lot coiner formed by any two streets or withizi fifteen:: (15'0') feet of any street right-of-way. I} 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 belocated in the sight visibility triangle on the comer 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. 16.13.3. Fence standards allowed by Conditional Use Permits.. Thc. fvlloviing fences may be approved by Conditional Use .Perznit.only, in. accordance with the standards. as set forth by fl e City Council' A) Fences allowed'by Conditional. Use Permit are as follows: 1) All chain link fences with a height greater than described ii Section 16.13.1.G). 2) Fences,. such as sales lot security fences, which include a security= gate. at a. point where access is provided to the.pxoperty:and/o..r principal Liding,; .: `` 3) Fences. greater than `s a:.(G'} feet in heiglif'aiound :a garden;crops, and. shrubs utilized for the protection.of such fxorn deer an' then wildlife. 4) Barbed wire and electricallyea fe3ices;, (All such; fences must be marked with caution signs on all exposures 16.13A Non -conforming fences. It is tl e iatexit of tliis'sectiod to allow 'Fl e continuation of such non-confortng fences as .may already exist uritii `they. are discontinued as provided herein, However, it is not the intent. of this Section. to encourage the survival of non=confor n m g fences and`, such fences aredeclared to be incompatible with permitted cor rorrz=' r6n. s and B, Qll FCriCCtl arC'.CtCC1aLGa .LO. T]G 7S1C�IA17at1171G'with Fr_=lirrcd fences vrirhin the City. Such fenccu shall be regul2ited by tle"foliowinayisions: g.p. A} An existing fence not.permitted by this Ordnance. except when required to. do so bylaw or. ordinance, shall not be, enlarged, extended .remnstructed or structutally altered unless such fence is changed to one permitted. Maintenance of a non -conforming %rice will be allowed, however, when this includes necessary repairs and incidental`alterati.ns which.doI not expand or intensify the non-conforming,use. 5ection.16.14 Outdoor Swim mingPools and Spas 1.6.14.1. Private swimming pools::shall be. constructed .so as to 'avoid: hazard. or damage. to the. occupant of the subject property or the occupants of adjacentproperty.and.shall conform as follows: .A) 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 buildingand.plumbing.:and, as necessUT Mechanical permits approved by the City Building Official. B) Applications - Applications. for a swimming:pool related permits may be. secured from andshall be submitted to the City Clerk along with a fee determined by the fee schedule for: construction pexmits.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 £oilowinginformation: 1) Complete plans. and specifications for.the construction. of the pool. Updated March 14, 2017 Ce;n Lake Consolidated.Land Use Ordinance —.Page 94 2) A. site plan showing the location. of all structures on the lot including the house, garage, fences, trees, gvezheador underground wiring, utility easements, sewage systems and:other significant.amprovcrnents oz.natural features; 3) The proposed locations of pumps, filters, electrical power source (if applicable), flushing and drainage outlets and other.operational features; a) A plan showing where pool water will be discharged: and: the path such discharged water will follow-In.lip case shall any water discharged. from a.swimrning pool or spa be allowed to flow directly into any lakes, ponds or wetlands. 4) Location and specificationsof protective fencing. 16.14.2 Construction setback requirements for pools. Private outdoors +mming pools shall hc'cons tructed.as to. avoid hazard or damage to the occupants of the subject property or the.;occupants of. adjacent property and shallmeet the following minimum requirements; A) Underground or overhead -utilities. shall be located in, conformance with the National Electric Code; B} No: pool shall be located within any paivate':easement, public.;or private utility easement, ingress or egress .easement, drainage way, marsh, orother locarion in which it will repxesehf'a threat to: the natural environment; C}.In. areas. tined or wed for single.family zssideri. purposes :pools are prohibited in the front yard. and shall not be located within thirty (30'D'") feet of any lotn6e' thin ten (1:0'0") feet of any principal:structure or. accessory buildings except aecessory� building without frast=footings. No mechanical equipment.shall he located closer than thirty (30'0") feet to arylot D) No portion of any.swimming pool.' 01"appurten4q�es thereto "shall be located less than ten (10'0") feet to any ortion of a sew e` p p ag dis osal.line or sewage trearinent+system,. nor: shall any water supply line for a:. swimriting. pool be less than fffeen(15'0:':'}'Feet fromany:portion'of tli6 sewage treatment system. 16.14.3 Safety Fence Required: A safety fence of at.least four (4'6") feet. in height:shall completely enclose the outdoor pool. All openings or: points'`ti entry<i to the; pool area :shall be equipped with self -closing and self -latching gates or doors, A11 gates; arid; doors. shall`kiavc=a"tarcl''vliieh.is .np :less than. four (4'0 ") feet :above the ground level and which .:... shall be so construofed`and; so placed'. as to be inaccessible to'small children. All gates and doors shall be latched when the pool s` not In use or s unattended. by an .adult thdi.:dembristrated swimming ability. Any opening between the : fence and the ground level skaii.not exceed three (3") inches. bottom vfthe. A) Safety ifences shall be'coristructed:`of materials with rhinimurn spaces between the .materials and shall be constructed;so. as to inhibit&.Climbing thereof by any person..Tf a safety fence is'located within an.axea subject to andcovered by a homeoiikni..association, and if such homeowners association, has an architectural review committee, :then: the: architecturalreview committee shall approve the location and. style of the. fence. B) Above ground pools af`four ff) feet or.rnore:in wallheight shall be exempt from complete closure bya.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.ander ground. pools, Q Temporary fence. No person shall introduce or cause to be introduced any water: to a depth of more than eighteen (18") inches into the shallowes.tportion of any swimming pool nearly constructed or being constructed until:such time: as theRailding Official authorizes. the. filling of such pool with water. Such authorization shall be withheld until, as a mit.0 num, the mrnittee has caused such pool to.be completely enclosed by a swimming.. .pool construction fence. Said.. construction. fence shall: 1.} Be of snow fence like of similar design. and. be securely anchored in place. .:. 2) Be constructed. with its base flush to the ground. Updated March 14, 2017 Gem Lake Comolidwed Land Use Ordinance — Page 95 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 swirr=ing pool is installed. D} All outdoor Spas. shall either have a fence as described in this section. for outdoor switaming pools or a latchable: cover. The .cover should be constructed of a material impenetrable by toddlers and subject to inspection by.the City. budding Official 1.6,14.4 Misceltaneous requirements A} All back -flushing water or pool drainage. water shall be directed to be on the property of die%owner or on approved drainage ways. Drainage onto public or.private streets:.. or other public or private drainage ways shall require a perrnit from the City Building Official. B} Any outdoor lighting of the pool shall not be perrriitted.to spin.or shine upon adjacent:.propertias.. C) All electrical installations shah.comply with t2ie'�,tate Electrical D) Precautions during construction; 1} Avoid damage; hazards or inconveniencetv..adjacei t or nearby 2} Assure that proper carc: s6ll:be taken in other infringements upon aajaee t praperty.. 3} All access for construction shall be to streets .:4nd adjicent private or-pul: 16.14.5 Nuisance. The. conduct of persons and the of tenants thereof and such 'cgnduct of persons and opt nuisance or breach of the peace;.. andsit: shall. be unI excavating materials to avoid erosion, dust or due care shall be taken to avoid damage . of pools shall be the responsibility of the owner and any of the pool shall be done in a manner so as to avoid: any 7 allow loud .noises to Ro bevond the boundaries of the rollowing• A}Lompigted Speciat Use Permitform and necessary fees B) Sume-Y of occur h con e and Fret Land RgclaThissurvey shalli s t w fo . at: l ` he inclusion of the: immed'a e cl Dl A description or sketchshowing the soil erosioncontrol measures. to be 3j5cd during 'thi�.Land.Rg6amati actmiz 1 Description of the amount, ,origin .and J=cs of materials to beT;on the land as part of this Land ilpdated March .14, 2017 Gerry Lake Consolidated Land Use Ordinance — Page 96 4 A skeMb and/or description of the final cover material to,,, e 121,aced on the [��d osited by this band A r utQ e_map showing the.route for the. trucks moving,tn and frarri the site: Copi�� any Special permit m . f'row the county sate ig�way..depa=ents should be attached• Section 16.16 Minin Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance -= Page 97 SECTION 17 - ADMINISTRATION AND ENFORCEMENT Section 17.1 Enforcing Officer IT1.1 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. Section 17.2 Building Permit 17.2.1 No structure shall hereafter be erected,. or structurally altered until a building permit: shall have been issued indicating that the existing or proposed structure and the. use of land, comply with this. Ordinance and all Building Codes. All applications for building permits pertaining to the erection, or major alteration which will. affect the outside dimensions of a -structure shall be accompanied by three (3) copies. of a site plan to scale showing the actual dimensions of -the lot, lots or.parcel to be built upon, the dimensions of the groundplan 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 availalale`.on tl e: site. Section 17:3 Duties of the Zoning. Administrator.. 17.3.1 The Zoning Administrator shall enforce. this:C;rdinance and in additi authority he shall A) Conduct -inspections of buildings:and use: of land to:.;d B}. Maintain permanent and current 'records of this a.menclinents, and .conditional and:iaterim uses variance C) Receive; file and forward. alI applicatiois for:zo;A g' other matters to:tl e Plan iur g Commission and cmtoi com and in. furtherance of said. terms of:this Ordinance; including but not limited to, all maps, and applications; thereto; , conditional or interim uses dr. D.) Institute in the:name of.the City of Gem Lake any appropriate actions or proceeding against a violator as provided :by law; E)Apprave `aII: building permits; suhrrutted:; l?y :the: $wilding Inspector, after determining th t the .permit is in evil pliance with thi s° rdin a'n` ec This approval zziust be. made before the permit is issued, Chairnian of the:,Gem Lake Plan Review Commission. 1.7.3.2 The. City Council -nay, on prior: recommendation of the. Zoning Adrnirustrator, empowcr.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 Sectivrf: ... Section 17.4 Variances 1.74.1 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 irn.pose:conditions :and safeguards in.the Variances so granted. These Variances shall be:considered.in cases where by reason ofnarrowness, shallowness., or shape of -a lot. or where by .reason of exceptional topographic or water conditions or where other extraordinary and .exceptional conditions of such lot exist, the strict application of the. terms of the Zoning Ordinance would. -result. in practical. difficulties upon the owner of such lotin complying with. the .regulations of the zoning district in which said lot is. located.. "Practical difficulties," as used in connection with the grant of a variance;. means thatthe property owner proposes to use the property in a reasonable manner not permitted -by the xoning.ordinance; the plight of the landowner :u is due to circumstances.nique.to the property not created by the landowner; and .the variance, if granted, will not alter the essential character of the 1ocaty.: Econornic considerations alone do not constitute: practical difficulties:. Practical. dif iculties include, but. are not limited to, inadequate access to direct sunlight forsolar 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 MY rch 14;.20.11 Gem Lake Consolidated Land Use Ordinance -Page 98 17.4.2 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 Petrnits,::or.Subdivision, all related applications shall be submitted simultaneously with the Vadance.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 applicatiori(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 Varianceas required andcommunicated by tile Zoning Administrator. A) An application will. be considered complete. on the date.. the application(s), fees}, 'anal All supplemental materials requested have.been,received by the: Zoning Administrator. As required .by law, the City shall act. on the application xith.in the period. prescribedunless said required. period is extended or waived. B) When. reviewing variance applications, impact. on the foilcriteria shall be reviewed and measured. by the Planning (omrtiission and City Council, 1) Adjacent Uses; .and 2) Air and Water Quality; and 3) Traffic Generations;. and 4}. Public Safety and Health;. and S) Area. Aesthetics;. and. G) Economic. Impact on t 7) Consisteacyvtli. the C 17.4.3 Referral: to Planning:: Co Commission which shall review meeting following receipt of'corn public, the Plaritung Cor urriissio" the Variance or' to retaw,, exper applicatiari 17A.4 Public` Hearwg. In consi Commission or=:`.:tlie: City Coun published' the City. official le stating the date, timo place and:a 17.4.5 Referral to. City Council. the City Council which: shall. in catry:aut the.intent:and purpos. mmiss, ' ' ., I`he matteir:alo' - ith all related information shall. be referred to the Planning the appIication(s) aiid'.heax the applicant or representative thereof at it's. first: regular plete. apglicat[on(s)..To insure preservation of health, safery;.and general welfare of the risshalthave authority to request additional information from the applicant concerning t"testituony with` tihe :consent and at die expense of the. applicant concerning the demtion ofrhe appUcation(s), a public hearing shall be. held before the Planning. ciro :receive }at&c comment on the matter. Notice of the public hearing shall be, g, publicadon not less than ten (10) not more than thirty (30) days: with said notice. su4pary of the application. "lie -Planning Commission shall make written findings of fact and recommendation to ude such actions or.conditionsrelating to .the request. as may be deemed necessary. to. of this Ordinance and the Comprehensive Plan. 17.4.6 .Action. by City Council Upon receipt of the wtitten recommendation of the Planning Commission and puhiic. 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 after the date of receipt of a completed application. unlesssuch date is extended of waived. if no recommendation is transmitted to the City Council by -the Planning Commission within thirty (30). days of its xeceipt the City Council may take action without further communicationfrom 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 impmedds 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. Updated March 14, 2017 Gent Lake Consolidated Land.Use.Ordinance =Page.99. 17.4.7 Issuance of Variance. Following a decision by the City Council to approve or deny the application, the Zonng Administrator: shall promptly no..tify the .applicantin writing of. the decision of the .City Council, said notice. considered delivered upon deposit for delivery with the US.mail, 17A.8 Lapse of Variance. Any Variance issued shall lapse if not acted upon within ode (1) year of thedate.of issuance. Section 1.7.5. Conditional and Interim Use Permits 17:5.A 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. 17.5.2 Application..An application fo..r.a..Conditional or Interim Use 1 City. If the: Conditional or Interim Use Permit .is to be considered;:, variances,:or.subdivision, all related applications shall be subrrdtted` sir a Permit application so. as to represent the frill intent of the: applica: n payable to the City in an aggregate amount: as establishedlet tl e'City's allfkn relied upon by the applicant and shallbe supplemeaf_ed.by such of the application as required and communicated by. the Zoning Ac complete on the date theapplication(s); fee(s), andsall supplemental. Zoning Administrator.. As required by law, the City shall ati on. the apf required period is extended or waived.. ern -.it. shall bemade on a farm provided by the n''association with any other building permits, ultaneously with. the Condidonal.or: Interim Use lie. application(s) shall be accompanied by a fee fee schedule The applicadon(s) shall statc fully maps pia3ns; or additional data for consideration mimstrator.,. An application will. be considered materials `requested have been received by the #cation within?#lie, period prescribed unless said. A} When reviewing Conditional::'and;ln.terim Use Perini. applications, except those for residential building height, impact on the following cdteria st all. be reviewed`aiad:measured by the Planting Commission. and. City Council: 1} Adjacent°Uses ::and 2} Air and; Water Quality; and 3} Traffic Generations;}and 4} Pililic safety arid''Healtla; and 5) Area Aesthedc..s . and b) Econoiriic .Impact, on the Enure Area; and 7) Consistency with jhe Comprehensive Municipal Plan; and 98) Anticipated. Duration of the Conditional or Interim Use. B} Residential Building. Heights, When -reviewing Conditional Use .Permit applications which deal. exclusively with residential:buiiding heights,.the matter shall be forwarded to the Gem. Lake Plan Review Commission who shall, in a timely manner, review allsuch 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 it's written recommendation to. the City Council for consideration and approval or denial..at.it's 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. shallhe considered the Board. of: Appeals. 17.5.3 Referral to Planning Commission. The matter. along with.all.related information shall be referred to: the Planning Commission which shalll review the application(s). and hear the applicant or representative thereof at it's. first regular meeting following receipt of complete applications). To.insure preservationor health, safety; and general welfare.of the Updated March 14, 2017 Gem Labs Consolidated Land. Use Ordinance --- Page 100 public; the Planning Commission shall have authority to request additional information froin the applicant concerning the application or to.xetairt 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 Disttict;.con£ormance.with the Performance Standards and other provisions of this Ordinance; compliance with.oth,er applicable law,. regulations, and provisions which may affect the Conditional or Interim Use. 17.5.4 Public Hearing. In ..consideration of the .application(s), a public hearing.:shali be held before the%Planning Commission or the: City Council to -receive public comment on the matter. Notice of the. public heating 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 thrce:.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. 17.5.5 Referral to City Council. The Planning Commission shall, make vyritten findings of factin accordance with Section 12.1.5 C..of the Comprehensive Municipal .Plan and recommendation:, to approve :or deny the application 'to. the City Council wWch.shall:indude. such . actions or conditions xclating to: die request As may .be deemed necessary to carry .out .the. intent anci:purpose of this.. Ordinance. 17.5.6 Action. by City Council. Vpon receipt.of th written. recommendation `of the: Planning. Commission and public continent, the matter shall be placed :on the agenda for a regular meeting of the City;:Council, the .date of such sleeting to be not more:tban the number of.days.allowed by law a£ter the date. of.receipt of a completed application unless such date is extendedor waived — If no recommendation is tra istnitted.;;ta:'.tl a :City Coun� f -by: the Planning Commission within thirty (30) days of it's receipt, the. City, Council maytake'actipn,urithout further comnI iication from the Planning Commission. In considering the application''& City: Council s>sall'detern i e that the proposed Conditional or Interim Use: 1) will not be detrimental to public health;'safety, and general=;welfare; .2) is in harmony with the general purpose and intent of the Comprehensive, Municipal Plan; 3) is=`in'compliance tiv th tl�s Ordinance. The: CityCouncil shall, in the form of a resolution, make a written finding ❑f'Ra conveyit's. decision to approve.oz deny the application, and impose such conditions on appzov.,als;as;ay be necessary, to protectthe:;public `kealth,..safety, and welfare: Approvals shall require a majority vote of.}he: City Council. 175.7.Issuance of Conditional: pr Interim,Use Permit.'Tl e Zoning Administrator. shall promptly.notify the applicant in writing of the decision of the City.,Cotuil said: notice considered dcliyexed upon deposirfor:deliverywlth the US mail. In. The case. ofal). a COnt3itianal;;ar Inteiam;..se Pe=t: shall Apply Only to the .use stated on the permit and the aPP lication 17,5.5. Irapse' of Conditionalor: nterim. Use:Permit. If the use stated on the permit and application is not taken up. and. iinplernentedwithin one. (1) year:of tihe date' of issuance,.such issued Conditional:or.Interim Use Permit shall lapse.. 17.5.9 Getual Standards. All Conditiional and Irnterim Uses shall comply with the following general standards: A) Existing Uses. Shall be: r 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. B) New Uses. Shall conform as. follows: 1) Lornpliance with all zoning and other -regulations as may otherwise be applicable; 2) The -date .or the event. that will terminate the use can be identif ed with certainty; 3} The. existence of the Conditional or Interim Use mill. not impose additional costs on the public if it becomes necessary for the public to take the property in the.futme, 4) The :user agrees to any conditions. of approval associated, with the .approval of the Conditional or Interim Use Permit by the City Council. C) Existing and New Uses. Shall conform as follows: Updated March .14, 2017 Gem Lake:..Consalidated Land:Use Ordinance — Page 101 1}.shall maintain harmony: and cornpadbilitywith. surrounding uses and with the architectural character and design standards of existing%uses. and development; 2) 5hall meet or exceed all Performance Standards contain elsewhere in: this Ordinance; 3) 5hall not generatesuch 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. Section 17.6 Amendments 17.6.1 General.. In accordance with .provisions .of`Minnesoto Statues, the City Council may, from time. totime, adopt amendments to this Ordinance providing. such amendments are consistent `with the intent. of the Comprehensive Municipal Plan. 17.6.2 Initiation, The. City .Council or tl�e PlannIng.Caixunission may; u}ion their own motion, initiate a request to amend the text,.tables or district boundaries and maps. of .this Ordinance; t riy`person(s), firms), or corporation(s) who are the fee title owners of real property in .the City or who have been designated ir::wxiting to. represent the:interest.of the fee title owners of real property in the .City may initiate a xegizesfta amend the`text; tables. or district boundaries and maps so as to affect the said real.pxopexty or such real property adjacent thereto. 17.6.3 Application. An `application to Amend The.Zo.r iz gt.Otdinance shall be. made on aJ0zm provided by rile City..If the application. to Amend. The:.Zoning Ordinance is to be considered%`in association vd4 any other Building. Permits, Variances, Conditional or Interim Use Permits or Subdivision all elated. applications .shall be submitted simultaneously with the application so as to represent thi -.fA ll intent of the application. The application(s) shall be accompanied by a fee payable to the City in an aggtegate amount`as: established in fine';Eity's fee schedule. The application(s) shall :state hilly all facts reified upon by the applicant in shall`ipe;=supplemented:?by such maps:, plans, or additional. data for. consideration of the. application.,as required a- d.cornm irii ed. by the' Z-oning Administrator, Ah'application will be considered complete on the: L'te of the applications}, feels); and.,all supplemental materials .requested have been received by the 2oning:Adsrii listzat�rc:,As required' by law; The`City: shall. act on the application within the period prescribed unless said required period`isextended or waived.. 17;G.4 Referral to Planning Car Comuaission..Aich'shall rev lei public, tie Planmi g Com nissipri shall laa the application or to retain expert testier application.'Tii ..planning Commision-s1 the Cornbreherisiv'e Municipal Plat ;,the Districts); conformance with the Peri other applicable law; i:egi iations, and'.p A) Only applications. for: onin, he, -matter along with all related information shall be referred to the Planning ad6n(s) .and hear the applicant or representativethereof at it's first regular ication(s} To,insure preservation of health,safety, and general welfare of the .e authority 'to: tequest additional information from the applicant: concerning ony with the corisent and..at the expense of the applicant concerning the all=review the.matter determining the effect of the. proposed application on: character .and development of the affected ..neighborhood(s} and Zoning. nanee. Standards and other provisions of this Ordinance; compliance with isions which my affect the amendment. 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 withia the .City since the adoption of the Comprehensive Municipal Plan which changes should result in. -a 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 publicneed-, or Updated Marcie 79 20.17 Gem Lake Consolidated.Land Ilse Ordinance. - Page 162. 5.) In the case of. "dowia.zoning"which would diminish the intensity of thecurrerft 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. B) When reviewing a.zoning amendixient.applications., impact on the following. criteria.shall be teviewed 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). Econorxiic Impact. on Then Entire 7) Consistency with the 17.6.5 Public Heating. In. consideration of the applicatay. Commission. to receive public comment on the matter. N. official. legal publication notless.than ten..(1'0);nor more than and a summary.of the application.. If the aoseadrnentmight shall be mailed. to all owners of real property;located within upon. a.list and mailing:labels secured from Ramsey County the same time frame. 11.6.6 Referral to. City Ceti 12,1.5. A). of. the Compre; Council which shall incluc the intent and purpose of 17.6:7 ndl, T'he=Planning.Com ensive Municipal Plan an e` such actions. or conditk camxnent;'the :matter sha31'lii to be withiu'.the time prescril the City Couaail by the Plan without Eurthei co nmunicat determine that the proposed: harmony with the general p Ordinance: T.he City Counci approve or deny the appI cap health, safety, and welfare. A Drdinance ;:and unicipal Plan. n(s), a public. hearing. shall .;;be held before the Planning Al of; t}epublic hearing shall, be published in the City' tli rty (3Q)-days with saidnotk stating the date, tithe, place affect;tlte zoning or use of specific.property, a similar notice three tied -red fifty (350') feet of the affected. property Based Property Records and Revenue by the applicant and within iallmake written findings. of.fact in accordance with Section imendatioh to approve or deny the application to the City ing. to. the -request as may be deemed necessary to carry out Upo a. sece pt of the written` recorrimendation.of.the Planning Conir fission and public laced on the agenda far'a.regular meeting of the City Council, the date .of such meeting 1' by law unless such date is extended or waived. If no recon-anendation is transmitted to ng;;Commissior jyithin thirty (30) days of it's receipt,'the City Council may take action a ftoMthe.pla.nnmg Commission. In considering. the application; the City Council.sliali nendm.ent: 1) twill not be: detrimental to public health; safety; and general welfare; 2) is in pose arid 'intent of the Comprehensive Municipal Plan;:3) is iri compliance with this hall; `iri the form of a resolution, make a written finding a fact, convey it's :&cision to d impose such conditions on: approvals as may ba. necessary, to protect the public :royals shall require a majority vote of the City Council. 17A.8 Adoption. of Aiie 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 fox 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.subs.equent to. .the City Councift:decisivn. Section 17.7 Appeals 17.7.1 All .appeals. from any order,, xequirement; or decision ot-the.Zoning Administrator or Building. Official shall be brought before the. Planning Commission who shall act in;the capacity of Board of Appeals in all matters related to this Ordinance. Updated March 14, 2017 Gem Lake. Consolidaled Land Use. Ordinance-.Page:1:03 17.7.2 All.appeals shall be filed in writing with the Zoning:Administratat accornpariied by. .any substantiating inforrmation and list of experts. who shall may testify on behalf of the. appellant. Upon. receipt, materlals 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.leo publication,. Notice .ofall. hearings for appeals shall be mailed to. all appellants. 17.7.3 Upon review of the appeal and supplemental documentation and testimony related thereto, the Planning Commission. shall decidethe matter subject. to judicial review or appeal to the:. City Council. 17.7.4 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. Section 1.7.8 Fees 17.8,1.Application Fees. The fees to: be paid to .the City for ara applicaian Eor arnendment:of this Ordinance, a Variance. from. this Ordinance, a Conditional or Interim Use Pettrut,. or.;a iy eonstruction, plumbing, electrical; .mechanical or other :related. permit. shall.be made.payable to. the City in an:a nount. established, and from time to timc,. amended by resolution of the City Coundh 17.8.2 5uppletnental.Costs..1n addition to application fees `thc City shall:iequize payment of`supplemerital casts related to an.action or.applicatior� including, but:natlimited to attorney's.fees,.fees of outsidr~;experts; staff time; direct expenses exceptional to the effort and. as identified by City staff';the applicant shall dep:osit':f :nds :with the .City, to be held. in escrow, for payment of these supplerriental costs, as deterramed by the :City Council in'ordinances. adopted from bane to time setting. forth fees.and charges for,City services. Any appli ti- fees shall be appliedAo the.costs incurred. by the. do City:sn..ronnectsan tivitl"an apglicat7on under.this Ordinance shall be borne City. All expenses and costs incurred by by the applicant, and paid prior to final action on the:application.. Apy: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.: 17.8.3 Fees shall be payable :at::the.-tome applications are _ st 1ed..with'di City and are not refundable unless: the Py....:...::..:..._.:...:::::::,:..::, application .s. withdrawn:.prior to retetral df the. ma.tter.fvr'consideration.. There. shall he no fee in the case of .an application filed in the:pu - c interest.liy=mbers of tUe Planning Cd ssion or .City Council. Section 17.9 Violations and.Pe..nalties. Ariy.person fixm;:�orporat o �;or voluntary association which violates or refuses to comply with an of the ro iszons ;of.this. Uxdiziance s s li'be elzaxged. wltl' a: nisdetrieanar and,. upon conviction thereof, subject to the Y P maximum pen alties:prnvided` for t}ylaw. and eosts far evcry offernse: Each day that a violation is permitted to exist shall constitute. a separate offense:`' .: Updated March 1 d, 2017 Gem flake Consolidated Land Use Ordinance — Page 104 SECTION 18 - PERFORMANCE STANDARDS Section 18.1 General. The performance standards established in.ff is 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 urbanandrural blight The Zoning Administrator, assisted by the Building Inspector, shall. be- responsible for enforcing these standards andmq require the submission of information showing compliance or non - .compliance with. the. standards. Section 181RegV rements.for Consideration. 18.2.1 Construction Plan Review A) Residential Construction 1) Prior to. the start of construction or rernodeling, that` will .create a new buildingor structure or will change the outside dissensions. of any building. ox` structure located in.a residential zoning district, six. (6) copies of the following data must: be. furni e:d'td' ffie Zoning Administrator. a) Existing Improvements. Copies of'a site plamdrawn to a scale not smaller than one inch equals fifty feet (1'" = 50) f -i; a lot upon which 44!structures will be built .or: remod.eled. Each site. plan shall identify Abe location(s) and sizes} oV :all existuig. structures; proposed structures or additions, driveways; sl ewalks,:parking spaces addIAdual Sewage: Treatment Systems JSTS). The dimensions-and,area,ca)c. lations of the 18t`and all buildingset-back Braes skull also be shorn.. b} Wetlands arid'ater';Bodies. All wetlandsand other water bodies on the property shall be identif ed. and set -back li"all structures` s]afaII be indicated on the site plan. d) Plans. Preliri ina iiclutectural. plans including floor plans :and exterior elevations for the e) Sediment and.Erosion Control. Identification of All Best Management Practices (BMP). to be employed on .J�e~property to provide sediment and erosion control in accordance with Section 22.af:.this: ordinance: f} Additioria t)ata..Any additional data requested by the. Zoning Administrator or Plan Review Conitiussion Anue to:;co.nditions peculiar to the. property. B) Commercial Cons 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 (G) .copies. of the. following data must be furnished to the Zoning Administrator. a).. Existing Improvements. Copies of a Registered Surveyors Report drawn 'to a scale not smaller. than one inch equals fifty feet (1" 51Y) for the lot -upon which the structures will -be - built or remodeled. Each site .plan shall identify the locations) 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. -bark lines shall also be. shown. : Updated March 14,1017 Gem Lake .Cons.olidated .Land Use Ordinance — Page 105 b) 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. c) Topography..A topographical survey in two {2') foot increments and at a minimum scale of one inch equals twenty feet (1 :u 20' for the proposed construction site. which includes elustlug topographical and natural features, proposed changes to the topographical a. . natural features, existing :structures. and. improvements and proposed structures and irriprovements. d) Trees.and. Landscape. Ifthe proposed construction or xemodeli-ngwill result:in any loss of existing trees or vegetation, a tree.inventory and, if necessary, reforestation plan as described . in Qrdinance No. 66 shall be provided. A landscape: plan. shall also be provided indicating existing and. proposed vegetation improvements. e) Fences -And Screening. Details.and specifications for all fencing, walls and screening devices to be installed as. part of the..project. f).5tozm Water Drainage i'Ians..Iderit ficatiari: of. all Best Management Practices. (13MP) to be employed on the. property to provide"storm water; drainage sufficient tv: drain and dispose of all surface water accumulation within the pro posed-deveiogmerlt:site, said BMP's to be in. accordance with Section 22.vFrli s ordinance: These plans.to be reviewed by the City Engineer and the appropriate Waterskir d Management Organizatior;(WMD). g) Sediment And Erosion. Control .:;lden iAcati in of all Best 1Viai agement Practices (BMP) to be employed on the .property .to provide 'q" ent and erasion' corittol in accordance with Section 22 of fbs`..oidinance. TheseR.plars to. Be..xeyiewed. by the City Engineer and the: appropriate. Watershed Management Organnation (WMO). h) Traffic and.Parking Detailed'plans showing`all entra l s and: exits accompanied by reviews by Rai isey: County. if development will>access: onto a :county road or MnDOT if development will access''o to a state hsghway:. Plans 5lll lso. include all interior driveway and road details, parking: requirements and .err a ge icy access routes. I) Lightirig. Lighting plans shall include all proposed installation of exterior, parking lot, display 18.2.2 Cost of data review. A}.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, stch as. City. Engineer plan review .costs, shall bepaid by the person presentingthe plans, prior. to any approval: The finial approval of these plans: will not be voted on by. the City. Council until all costs have. been paid. B) Whenever the proposalmay involve a potential for. significant: environmentalimpact, or if an Environmental Impact Statement oz an Environmental Assessment Wor4tsheet xnay be needed by state lawor 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. 18.2.3 .Procedures for review Updated March 14, 201.7 Gem Lirke Consolidated hand Use Ordinance..-- Page .106 A) 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 .Plaza. Review Commission which shallbe charged with completion of the review in a timely manner. a) If approved. by the Plan Review Corrirnission; one (1) copy of the data shall be .filed with the. application. fora building permit, one (1) copy shall be attached to the arcbitectural plans retained by the City for it's records. and one (1) copy shall be attached to the. architectural plans and made available for inspection at theconstruction site. b) In the event the applicant arid. Plan Review Cornxnission :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.nf Appeals .and may :order. approval of the building pea n t''applzcation as presented, may order :approval of the building permit application with. xziendments as it may deem appropriate: or may .order denial of the building permit appliesueliaaton; B) Commercial Construction 1} No building permits will be issud&for the proposed construction. or remodeling until the data in required has been reviewed by the Z.6rung Administrator and sub nitt .d..for review by the. Planning Commission at it's next regular meeting. th Plannzrig Commission with assistance as requested by. the Plan Review Commisuon: City Engineer, �ding Official or other such professionals as it may deem necessary shall .revzew tl e. i6l m ttal and forivard recommendations to the City Council for approval of application; approval of the building permit application with.such amendments as the building permit may be appropriate or denial`of the buildingpermit`application. a).If' apgroyea by the City Council; one;(:1)_Copy of... e data shall be fried.with.the. application Or ``a: buiidir gepernvt, one .(1} eapy;skiail be;ar[ached to the architectural plans. retained by the. city for it's 'records and one':(1}'copy shall be''attached to the architectural p..ians .and made available for inspection at.the construction site. Section 18.3. Exterior Storage 18.3A Residential Districts... . A} Iu Residential Districts .all inatcrials.and equipment shall storewithin a building or filly screened (s❑ as. nottoe visible) froth a djoining:propertics.or.a street, except for the following, laundry drying and recreational equipment, construction and landscapingmaterials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use onthe:pzettiises, off street parking of passenger automobiles and pick-up tracks, except inoperative automobiles. and trucks may be. parked once for a period of time not to exceed foutteen.(14) days. B) The use of corimmercialstorage equipment and/or semi trailer type containers .or other similar portable storage units -.is not allowedin any':residentialdistrict. except when used in conjunction. with an Interim Use Permit, issuance of which is not subject to a public. hearing, issued fora period of not more: than orae-hundred twenty (1.20) days in conjunction with a.properly issued Building Permit for .the property. Whenever possible;. such containers should: be restrictedto a location in the side or rear: yard. 18.3.2 Business Districts Updated March I4, 2017 Gem Lake Consolidated Land Use Ordinance --. Page .107 A} In business districts all materials, egitipment and vehicles shall be stored. in a building or. hilly screened (so as not to be visible) from adjoining .propetties or:a street except for: 1) Temporary storage of construction -and landscap1 g: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 maybe displayed in areas designated by the required Site plan or a Conditional or Interim Use. Permit, B) The use: of commercial storage equipment and/or semi -trailer type containers or other. similar portable storage uflits.is not allowed in any business district unless an- Interim Use Perndt for a period not to eXceed one -hundred eighty (180) days is first secured in accordance with Section 17.6 of this Ordinance. Whenever possible; such containers .should:be restricted to a location m the side or rear.yard. Section 18.4 Refuse. 18.4.1. In. All Districts, all waste material., .debrisrefuse, of garbage shall: oe,kept in an enclosed building or properly contained in a. closed container designed for such purposes..Farms may b-e :excluded from. this requirement providing the waste material is that commonly associated and, inc[deintal to normal farm -'.operations. The. owner of vacant land shall be responsible for keeping such land free of refizse.and weeds. A) In all non-residential districts, all commer=' I refuse containers shall be enclosed in a building or properly feneed:ar screened to prevent anyrefuse from spil. g`k eyond:`the fenced or screened area and to prevent access by children .or other: unauthor'zed;`persbas: fences or: screens: shall also be subject to the..pxovisions :for same found elsewhere in this :ordinance:'<`:;.. 18.4.2 In All Districts, no person shall.store,.pa k:or pen it;tlhe,patlung`px stvxage: of. any junked vehicle, machinery or equipment external to. any .structure, .on any property within: tlie' city.. Section 18.5 Screening i8;5.1 Screening shall be required in all zones where: ' Within 3 0. feet of an an' faun arkin . s aces. and is . thirty (. ) A};`any'off=streef.:parking.`area;.corstains inore,th. p g p adjoining residential'. use or: zoiieand B). where the. driveway to: a;,paiking area of more than six: (6) parking spaces is.within fifteen (15:) feet of'an adjoining residential use or Zone. 18.5:2 Where any business or mdust. al:usc (structure, :parlung or storage}. is adjacent to property ioited or developed for residential use, tllat`husiness ox. industry 'Shall :provide scxeenirfg `along the boundary. of the residential property. Screening shall also be proQed:where-a business or industry is .across the street from a developed residential zone, but not on that side of a business:`or:iridustry considered to be the front (as determined by the Building Inspector). 18.5.5 In.all districts all. exterior storage. shall. he. screened. The exceptions. are: A) retail merchandise being displayed in front of the structure; B) materials and equipment being used for construction.on the premises; C) merchandise located on service station pump islands.. 18.5,4 The screening In Chic section shall consist of a solid fence.:or wallmot 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:steet right of way with landscaping between the :Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance- Page .108 screening and the pavement A louvered fence shall. be considered "solid i.f.it blocks direct vision, Planting of a type approved by the .Couni il.may:also.be used as a screening. A) Screening shall also be subjectto.%additional provisions of other sections of this Ordinance. Section 18.6 Landscaping 18.6.1 Tn All.Disuicts, all.exposed. ground arm surrounding or within a principal. or .accessory use including but. not ]united to street boulevards..not devoted to drives,. sidewalks; patios and the like shall be landscaped. 18.6.2 Landscaped yards. shall be provided along all strects,: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, suppliesorxnerchandise advertised for sale. Landscaped yards shall be at. least twenty.(20'). feet indepth:along all. stree.tsmeasured from the right f way.. Except for driveways, .the yard shall extend along the entire frontage of the lot and, in :the case of a comer lot, along both streets.. 18.0. All property owners and their (sub-) contractors shall'erriploy inch maintain. sediment and erosion control in accordance with Section. 22 of this ordinance until landscaping is :complete:; 18:6.4 All landscaping shall.be completed within. one;(i}'gri,wmg. season after 'co completion of any develppment,.grading and filling, construction, or othex activity which sha *are : tin exposedground ori':tl e property. Section 18..7 Maintenance 18.7.1 In All Distsicts, all structures, landseapir g-and fences shallbe rriamtained so as not be unsightly or present harmful health and safety or nuisance .conditions tv'the°adjoipsng areas. $ectioa 18.8 Lighting and Glare public ` be Orrin ed::as to deflect. htfrom all adjoining property, and from thep. 1$:8.1 In AII Dzstricts,;any' ligkting s :all- g .... 1ig ... ] g P p streets and highways. I)' Lt or sky-refeeted glare, whetherfrom.lightirig. or from high temperature praccsses such as welding, shall not -be directed into any adjoiriing property:. 18:8.2 Glare ar'Heat - An Y use re`l` .iri ' `an oP` esation:producing an intense beat or light transmission shall be performed with the.:riecessary`sk iilding to. prevezttsuch heat`or:light frv'M being detectable at she.lot line of the site'an which the use is located: 18.8.3. Gutdoor"Lighking - All outdoor lighCing shall be so. designed: and installed. so that light will riot be directed onto acljog .propext.y. ,or :public streets : and highways: Lighting units shall be properly shielded to .give no upward. component of llgh`tto. create a sky -glow,. A) Outdoor lighting fixtures. ball be Mounted at the lowest possible level above ground, but in no case.shaR any pole .or stmctui a for r ai nting.such.fsxtuxes exceed the maximum principal structuxe height restrictions. $} Prior to installing or remodeling any outdoorlighting, a site plan showing type,..location and configuration details and proposed area of directillumination must be submitted to the Zoning Administrator for his approval.. Cj After completion of any outdoor lighting -system the property owner may be required to.submit an affidavit, by.a registered lighting. engineer, that.the.cotnpleted project does not.exceed the.requirements of this. section. 18.8.4 Lighting used. tod1luminate sales lots - Lighting used to illuminate `sales .lots for new or used cars shall be:atranged and. designed so as to comply with the following Eni tations.. A) 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.. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance Page 109 B) 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: C) The maximum point brightness, measured with a brightness meter `from a point thirty (30.') feet out from. the propertyIn.e, shall be. no greater than six hundred (600) foot Lamberts. 18.8:5 Lighting for outdoor storage areas Lighting for outdoor storage areas shall comply with the following limitations; A) Maximum maintained lighting level at any point within the area, measured. thirty-six: (36") inches above grade, shall not exceed ftfteen. (1.5) foot -candies. B) 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. C) Maximum point brightness, measured with a.brightness'iaeter from a point five (5') feet out from the property l nc,. s.halt.be.no greater than. duee hundred (300)' fgoi I amherts. 18.8.6 Lighting for off-street parking - Lighting for off street parking lotv's1 aTcomply with the following limitations: A) Maximum maintained lighting level at: any: point within the hound E6i :.of the parking area, measured. thirty six (36") inches above grade, shall not exceed tuio.(2) foot-candles. B) Limitations .oz1 the hours: of lighting op Section 18.9 Vibration 1 &9..1 Any use creating periodic if such vibrations .are percepdbl( to vibrations created during ei Section 1&10 Off Street 18.:1.0.1 In connection with any. stt or distrI ut!9p. ' '.;ir aVc is or r e . on the basls'ofadequate Dace for loading berth of -e district unless. .d the s: of. c uihich is to be erected or substantially altered, and which requires the receipt ise.by isucks or sirnilat! vehicles, there skulk be provided: off-street loading space ig and.uiiloading all'vehicles used incidental to the.. operation of the use. s` over: two -tons capacity shall be closer than .one -hundred .(100) feet to any teiy enclosed by building walls not less. than .eight (8') feetin height. B) �vhere'no se from loading or unloading activity is audile in a:zesideatial district, the. actin ty shall. terminate between the hours of 7;00..p;nL and 7:00 a.m.. Sectioa-18.11 Traffic Control 1.8.1.1.1 The ttaffic generated byany use shall be channeled and controhled'in a manner that will avoid: A} congestion on the: public streets. and, B) traffic hazards; and C) additional truck traffic through residential areas, 18.11.2 hitermal traffic shall be so regulated as to insure its safe and orderlyflow. 18,11.3 Traffic into and out:of business: and industrial areas shall avoid residentialareas and.in:ali cases be forward moving with no backing into streets.. Updated March 1. 2d17 Gent Lake Consolidated Land Use Ordinance- Page ll0 18:11.4 All entrances from private. property onto..dty streets sh-A be subject to review and approval of the City Engineer and all entrances from private.property onto county toads or state highways shall be subject to review and. approval by ... Ramsey. County public Woiks or'the Minnesota Department .of Transportation. Section 18.12. (Deleted) Section 18.13 Architecture. 18.13.1 Ii is herebyaffirmed as public policy that the:appeazance of this community is a proper matter forpublic concern and that all developed: open; spaces, and all buildings, signs, plantings, surfaces and structures which rimy be. seen from the public ways are subject. to. theTrovisions'Of this Ordinance. 18:13.2 In .A:ll.DiAricts, 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, 18.13.3 Iit A1133usiness.Districts, a:buildingpermit shallriotlie issued<u.. -ess the proposed use. is. designed, sited; oriented and landscape -planned to :produce 'a harmonious .relationship;of building anal. grounds with. adjacent buildings and .grounds and with the environment of the neighborhood..:. 18.13:4InAll Residential Distiricts,.a.building pelmit:sliall not beissued if the propased:buiidingis so similar or. dissimilar to the other homes in the area as to result in :depreciation of property values in the>rieagkborhood. Section 1.8.14 Explosives 18.17.1 No noise, odors,. vibration;; "smoke,. air. pollution, dangerous. wastes, heat, glare, dust; or other such adverse influences shall he. permitted i.4.Oy district that will in any 'way have an objectionable effect upon adjacent or nearby: property. 18.17.2 All wastesshall. be properly contained, fenced or screened and disposed of in. a manner that is not dangerous to public. health and safety. Section 18.1.8 Consistency with.Plans and Policies 18.18..1 The proposed use shall preserve.the intent and purpose.Of this Dtdinance and shall be consistent with thegoals, plans and policies of the City's Comprehensive Plan Section t8.19 Clustering and Density Transfer Updated March 14, M17 Gem Lake Consolidated Land. Use Ordinance.— Page.I I 18.191 'This clustering and density txarisfer system is to provide a means bywhich parcels of land in the City of Gern Lake' having unusual building characteristics due to subsoil conditions, elevation of the water table, water:atea, -and/of location or shape of.the .parcel may be more efficiently utilized..I7.ensityhoningalso provides a means to preserve. and protect natural resource areas such as;wetlands.; woodlands, steep slopes, as well as.goad 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. 18.1.9.2 The. Council, in determining. the: reasonableness of the proposed..clust. g,. shall consider f1ie. £allowing factors: A).Loca.tion, .amount and proposed use of open space; B} Location; design and. type of dwellings or business .provided; C}:Physical characteristics of: the site D) Relationship of the proposed dwelling or business units to nearby uses. 18.19.3 The owner or owners of any tract of land in the: City of Gerfi. l:alce`aray submit to: xn the Planning Comissiori, for review and recommendation to the City Council; apan for use and development of such a.tract of land as a cluster area by making an application for a Cohaitional 6ls Permit authorizing completion of the project according to. an approved:plan. The plan for the proposed project shall'cvnfonm:to the xegtuxemeritsof:the Use District within} which the land' is. located..except: as. hereinafter. modified: A The tract of land for which a'pzoject is pxoposed.ana a Conditional Use Permit requested shaTnot .be less than: five (5) acres in size; .and. B) The applicant: shall state precisely:,6at,. in tli s;.;agirxion, axe:` -the -.unusual characteristics of this site for purposes .of justifying,tl e;gcasiting of. a Con . ti. al'TJse Permit For this project; and C) The plan shz..be: submitted: n the :£ozm of;a:prelicninary pla i.and.be in. complete conformance with what would be submitted as described: in the City of, Lake Subdivision Ordinance. fora. preliminary plan, and; ro `or:iusiness-uriits pposed for the entire subdivided .axca shall not exceed she total D). The fibrabet.,of dw�iih ni;ml 'er tleririitfed far the Ilse>Districtwitlziri:.w h'the laud is located, unless a bonus is given for unique uses of:rhe. area; and, ` E) `Te average lot densit lyin the plan: shall not be.greater than the maximum fvx the area and the lot area of any os e:(1} lot shallnot be':reduced more .than one -Half �A) by asses ing additional dwelling or business units; and, F)'That land which is set asideias unbuildaljle and vn. which the plan is justified shall be clearly indicated. oil the plan..T his. land shall be dedicated as.a "conservation easement" naming both the City.and the Minnesota Laird Trust or similar as holders of that title for that land. Provisions .for the. continual. maintenance of that cc area so dedicated and accepted by the City shall be required from.the. property owners)- 18,1.9.4 When calculating the number of dwelling or busimss 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 rmAs of road right-of=ways. 18110.5 A density bolus of up..to .ten (10°/0) percent of the maximum allowable dwellings on a defined parcel'inay be allowed by the City Council Section 18.20 Park Land Dedication Requirements. imo.1 As a pre -requisite to plat or Planned Unit Development. approval, all developers shall dedicste land fox :parks,. playgrounds, public open spaces or trails and/mshallsnake a cash contribution to the City of Gera Lake's park fund as Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance: — Page 11:2 Ns Orrlinance. The form of the contribution, cash. or land (or any combination), shall be as provided by this section of . deternuneunt.equal to ten (10.00/") percent of the total acreage in the development or d by the City Council in an arrio ten (10.01116) percent of the pre-develaprnerit land value. 18.20.2 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. 18.20:3:Land to be dedicated for parks, playgrounds and public open.s.paces shall.be.rensonably suitable for its intended use and shall be at a.location convenient to the people to be served. Factors used in evaluating the adequacyof"proposed shape, topography, geology,. hydrology, tree cover, access and location. The park and recreation areas shall.include size, City Council,. at:ies discretion, may reject proffered lan& and mandate: monetarylCoatribution. 18.20.4 The Gear Lake Planrdng Commission :shall review all park land dedication proposals including the locationof land and the amount of land to be conveyed, or dedicated within. a.proposed.dewelopment or subdivision: Upon review, the Gem. Lake Planning Commission. shall recommend the. land dedication and cash contributionrequirements for proposed developments .or subdivisions, to the City Council. The enact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council;:::;::::.'`::` 18.20.5 Land areas conveyed or dedicated to the City of: Gem Lake, as a park: or. recreation area, shall not be used. iw calculating the density requirements of the. Zoning Ordinance for the propased:cle�el4pment. or subdivision, and shall be in addition to.and not in lieu of open space requirements £or Planned Unit De3gprrients. 18:20:b. Where.: private open space for. -park. and recreatlonal. purP,Uss Is provided fOr:.in a proposed..:development, subdivision or Planned Unit Development: and such space is to;'be `ptiyately .owned ard:`sinaintained by the future residents of the subdivision or PUD ,. such aceas:inay be used for'c edit at the discretion of.the City Council. against the requirement for dedication for park and. re�eation purposes; providing the City Council finds it,is in the public interest to do .so .and that the followingstaadards. ar& met: A The ands couit areas ;setbacks and other open space=required to.i�e maintained by the zoning and building. } yards, regulations shall dot ire included.in the computati¢ri: of sucli;,," to open spaces and B} That the pulilic'`ownership:'arid maintenance. of the open space is adequately provided. for by written agreements,. and C) I hat the public open spac6s resttiicted £or pack and recreational purposes y recordedcovenants which run. with the land in favor: of the £utiure owners of property �virhin the tract and which cannot be eliniinated without tlie;consent of the Cik}*; Council, and :. D.) That the. proposed private .open space: is reasonably adaptable for use fox .park. and recieatiai-is. purposes, taking.into:to..nsideration sucY' factors as: size, shape,. topography, hydrological conditions, geology, access and location of pri�ate open space lands, .and E} That facilities `proposed' for the open space :are. in substantial accordance with the. provisions of the recreational. element of;tFie. comprehensive plan, and are approved by the City Council, and F) That where such credit.is granted, the amount of credit shall not exceed forty(40:0°/0) percent of the park dedication requirements for the.development. 19.20.7 The City of Gem Lake shall maintain .a separate fund into which all Gash contributions received in lieu of conveyance. or dedication of landfor park and playground, public. open spaceor trail purposes shall be deposited and shall make, from time to 6xne, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debtretirement in. connection with land previously acquired for parks and playgrounds which benefit the residents of. the City. ] 8.20. $ 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. Updated March.14, 201.7 Gem Lake Consolidated Land Use Grdinarrce Page 11 . 18124:9. 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 hfarcii:l4;.24l7 Gem.Lake Consolidated Land Use Ordinance —.Page 114' SECTION 19 - SIGNS 19.1.1 The m Lake sign regulation is to j2rovnote.the creation of an attractive visual environment in the i efc 'v' inform identify. direct n mmunicate with the ubli sirs ri f wa iri gm LaU. Thi5 airn is balanced with intent to foster V-vl4c .5afety and Maintairl an-aiftag6ve 6 nvironrnent in the Ciencouta6nh 412ropriate design,1 and l2lacetnent:Qf §ign§ in tht QiTheregglgionse intende to nc ur th rl 1 cement of sibstoassure tl at the infortriatio, n' l ed n qny siZuke visible for its intended an .io allow the fair and consistent enforcement of the _19,3.1:1. Exe=tions. The following signs shall not require: a j2ermit;:but remain sub;eq to the 5xgndgds of these regulations concerning erection, maintenance and removal,. and the.,standgrds of And iliguo , Iicahle: law or: ordinance. of 4square ar ing the addmq&_&f_g_b_ufl&g, Updated Mar'ch.14, 201.7 Gem Lake Consolidaeed Land Use Ordinance —Page 115 Traffic co 1 i related 4;v-rt4nngl aids. tb M cen mstolcdjbv a uni ol" ver . ha e c ri - then o . such over n . ips-not Vi6ble from ub -c or private light-OLM.Y. L4 . . 1.1 a ! a ,P . a - ! . .. . 19. .Permit.. Application, Applicadonf r a sigaermi shall be made u-12on the. Ci 's a lieation. form and. shall cgrggja the full f V _ !. �.l. _ �► .. .. .. number properlyto be erc-cted. Updated March 14, z017 Gerd Lake Consolidated Land. Use .Ordinance —:Page 116 Ecomplete set f lari howin vado dis se ck fx 1 to ation f biii� ' and othei s siZq f e i a s a o d full clearly. r s construction and ri]ar<ement of the sign. 1 ns and f ati n rel-ating -to the method gf cons c ' n gta6ment 19 buildinLys-. and/or . placement nt - ca ci ri ri ruin d t li d oth ev ;ign, ftom a perspectives im which thgi .. in en e b view d. he time sj2ecified-the Cityou a 1 r the u i s h nuisance - under: the procedurcE set forth in Gem Lake Ordinance h1o;_ 19:4.2 liupoundribent of Signs on PubEc ProVerly, The,City may at any time. and withoutnotice. removemd impoundwhich have been erected on or ublitrightz0f7= Qr easement. ' owner maY retrieve the sign. fro�i testy uponp meat of a $50 impoundment fee. If d& same ciwrier has.a Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance --:Page 117 . i Simi Zithout a Permit .o in Vicladon a' z�s. Tli .Zariin . A is i ne atder thg .... co n: .. f. has r e ut h n er e `ar alte uc th t the-sigpds in 3dLIa&n of thes re la ' ns. i x or lied ci e i n b d er o .Wwres s o i ern ke .Or a c In. addidon to the abothe C' Counc' !n . : wri noticc:ta fhcperson rc5j2onsISIc for the.-siga t i er lati e a s _ forms. spaspaM between differn areas. Minog append.agesr i ular reaar sbape, asActierminedstr shall riot be, included irithe total are, of a sioa f�i,� Yes lfor<�usCrattanl'- T'o'be rose e t " J9[31 3) For free tan the r 1i igiclude the f-r—aMe jf.qny,o include a 1201C or otherral ort.unl 5:. u h le: r struLtgral suppgrt is: intuna4 illuminated Qr oftrVASe ckgacd to c n la a vice, Fsaw=j-dLa—tam Updated March 14, 2017 Genf Lake Consolidated Land Use Ordinance Page 118 i he . I—dihg Qi parta a.n CInge. and not nn integral.na f th and rn f..l in or :tur fgfrns, Compn a t geneYA�. 4 en ttv iden 'cal sign faces are laced back to b s❑ th t both fac s cannot. e viewed fxom- n t at. same tinie and are f ame tructure. the Sigo a ea 1 hee s h easuremot of o e two faces, Alea thhasr ' la surficts, -area.gEthe sign l beshe ares of Inagst dis rfaces that are visible m any sinoe directiom 7 he lieiullt of a freestandi i be m cared fires he.ba th r supportive frontagQ or fro i valu t d sgj2arately or in rombihation. otit.nar�lnd secondaiY frontages will notbe comb'ned for 12urposes�mining allowable sign size. 51 In addition to wall sig a otherwise permitted bthese reguiatiom an additional gn inay b f ° o of the.i rea aljowgd..f t the bading for the- purposes i en wn nant§ thatu1212cx OoQj:sr do not have outside buMng fronta e. 6) An arcade or gallery may have 51ace i to the a t.Mties of bym-?,.rs or tenants Whose under,r h. i illuminated, a Updated March 14, 20.17 Gem. Lake: Consolidated Land Use Ordinance — Page.] 19 tha si i fr total ava il Ableea.F0r i s ace on the d a3milable for ymLillgaL 71 Pro, c. re.neirmitted in. a o tiv.en signs dad Waced for the pAtp2s f iden thegwncr or tenant for a grds i h s' n e us 11 projectings h m u ea lit s Lemsh a:minim of .e' ht feet ab ve-t id lk. 'The sim mav project a MINIM 0 six 6 eet from the ' d' e centered undgrn a e wnin ot ca r si s 1fifteen 1 feet flo n h r "e ' n. a hall riot In Inkakdf sluface o 's to' a v the HMO Updated tllarch .14; 2017 Gem Lake Consolidated Land Use Ordinance -- Page 120 total perMitied area f r any sign: 3 1 ctr ni .NT ssa e Ce er M na 'c Dis si o •e display si re { _ _u, r 61 or County: Rpa v idiin t o City of GeM Lke, Onlyne u siga is pamnitid Per PWPerM r rdles f t number of teriants. Moti n is pexrnitted for u to eiat (8) s.econds fv nv s' le se of changeab e cgpy_ but the n eon MaY n be a hin re a c FMCs and dog dc di5pJwu have. nth a ' s the i htn th ie li ht at all times of dg�L othighL AbW�1��a 53�+11-. A Makknance Standards, All si h maintained r n f wiri ga.*661y currentlplacc.or ►. owner vAtbin a reasonable tirn e. no longer th an two montbs.. after tb-e, sign ecom u ob solete. A 12rolie-a Updated March 14, 2017 Gem Lake ConsoI.idated Land .Ilse Ordinance — Page 121 te _ (ex ture ■ - the Y ■t oft - a - i l r -f ■ '■ ■f th L2nd Tjse Ordinaftc' `1�312!!rl•�Si�J �I�TlaRi!'JLS� 2S:iSSRI LL'xi.{�11S4�F.'+i:illi Ly�J 1YLLR�! iLl.�l'SaLa VT2fSu 2'f'1}i_ �J.f!V.Ss� ��2Si '�l�L�t= �rT�i�wiU ri�iV. _ a - w.s�yYRCLSIL'.•awr• a�ilTri �c�.ary..:a+i��i�w�+aR.'L•'�'—'LS�ie '�fk'F�11 rr..w ��•�i==-[xs�iY� __ S�3:aa r:ars rRS�i+r x�:irl�i,..��:r ra�yya�.ia - if}i.'�s�-T-�RfSSR7ui�i1J.Ci�iia�+RRea= LlSxiceY\R��eYI.�A} 2il!«�3�i ZTA.a�i.1'7.!!LLL.2li�arl!!lS�I.LRJSLxS�Li. hereof other than a helm to be invalid: Upda[ed March.14, 2417 Gem Lake. ConsolidatedLand Use Ordinance — Page 122 SECTION 20 - OFF STREET PAREING AREAS 5ection.20.1 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 establishsng m+n+murn requirements for offstreet parking in accordance with. the utilization of various parcels of land and/or structures. Section 20.2: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:accotnpanied by a site plan drawn to scale.and dimension indicating the location of off-street parking spaces in compliance with the following requirements. Section 20.3 General Provisions: 20.3.1 Existing off-street parlring 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. 20.12 Should a building; structure or use inexistence upon the eff &V& date of this Ordinance. be. damaged or destroyed by fire or. other cause, it: may be re-established except that in,doing so apy 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 I 'a ding spaces skail`be enlarged accordingly. 20.3.3 Floor Area- The term "Floor Area" shall outside dimensions of the.building. It shall not ix incidental.repair, office building management or alteration rooms. 20.14 Parking Spaces - Each. parking spat exclusive of an adequately designed system 20.3.5 Use of Parking Fal parking or passenger auto unit except by Conditions be used for the storage:01 tenants or customers of Required parka g facffltie, vehicles.::::::;; j` files aftdt'or:one truck: at Interim Uk.Pernuit..R& t7IlleTElal VelnCles or for e. sum of all floor areas'`n;a building as calculated from the `e..as used primarily for non=public.purposes such. as storage, goge, toilets :or -rest rooms:, utilities, .or dtessixag, fitting .or. leme (9) feet wide and twenty (20) feet,in length s`atcessa.. to.rea rydential use shall be.utilized solely y for the x.ceed'"one and one-half (1 '/a) ton capacity for each dwelling 'parking facilities accessory: to residential structures shall not arking of automobites belonging to the employees, .owners, )]ishments except by Conditional or Interim Use Permit.. s;shall. not be used for the storage or repair of.coinmercial 20.3:6 Required off-street parking space irithe Residential Districts shah be on the.satne lot as the principal.building: 20.3.7 joint Paridrig. 'aeilides - Off`street parka :facilities for a combination of.mixed buildings, structures or uses may be provided.collectively in any "distsct".ir! which separate parking facilities. for each separate building, structure. or use would be required, pi avided, that nurriber of spaces provided. shall equal to . sum of the separate requirements of each use. 20.3.8 Use of. Parking Area -4r: .i:ed off-street parking space in airy D strict shall:not be. utilized Fox. open storage of goods or for the:'storage orvehicles which are inoperable or for sale or rent Section 20,4 Design and. Maintenance. of Off -Street Parking Areas. 20A.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:movernent. 20.4.2 Calculating Space When calculating the number of off-street parking spaces results in a.ftaction, each fraction :of one-half 0/2) or more shall constitute another space. One parking space .shall.equal three hundred (300 s..f) squar feet or parking and moving area- 20.4.3.Signs - No signs shall.be located in any parking area except -as necessary for orderly operation of traffic movement. Updated March 14 2017 Gem bake Consolidated Land .Use Ordinance -Page 123 20.4.4 Surfacing - All of: the area intended to beutilized for parking space -and driveways shall Tie surfaced with. a. tnaterial to control dust and drainage. Patking area for less .than three (3} vehicle spaces shall be..exempt: Plans for surfacingand drainage shall be subject to approval of :the City Council• 24.4.5 Lighting- Any lighting used. to illuminate an off-street parking area .shall be s❑ arranged as to .reflect the light. .away from. the. adjoining property, and shall comply with Section 18.8. 20.4.6 Curbing and Landscaping - All open off-street. parking areas designed to have head -in parking gong :the ptoperty line shah provide a bumper curb not less than three (Y) 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.(G) spaces.or more; a curb or fence. not over six (6) feet in height shall be :erected along the fxont yard: set -.back line with grass or planting vcciipying.the space between the sidewalk and curb or. fence. 24.43 blear Sgitee: Pop Updated March 14; 2617 Gem Lake Consolidated Land Use Ordinance -- Page 125 SECTION 21- REGiTLATInN OF GEM LASE WATERS$. WETLANDS AND SHORELANDS Section 21A General Provisions. e land use regulations in this Section shall: apply to any land.in the City of .Gem Lake located 21:1.1 Shoreland District. Th within a floodplain, within 1,000 feet. of the ordinary high water mark of a public water or public.watexs wetland, Including but not limited to. the body of water known as Gem Lake and.its attendant wetlands, ar. i�itkiiri :3QQ feet of a. stream or river.. The regulations of this Section shall apply in. addition to the.provisioris. of the?oning district applicable. to. the property, the Flood Hazard. Ordinance of the city (No. 114), and other ordinances of the City: 21.:1.2 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 Axea Watershed Management Association (VI AWMO). All requests for'pernjits, review or approval requited by the,Wetland Con8ervation.Act must be submitted to VLAWM0 as the acting Local Government Unit 21.1:3 Applied in Concert with other Law. Thcse;tegulations. and retjui by Federal.and State law, regional and:.local:water management.... gk6la8or apply. Under:joint: application,the most restritdVe-.requirements shall ap Section 21,2 Policy 21.2.1 Policyy, . intact, vegetated and stable..shorcl ries and� streamb other water resources in the City. including prevention of erosion, re of:.nutrients and sediments, and provision of fish and wildlife k abi the criteria established by the Departmer"h4atural Resources: 21.2.2 Minimum Lot Size and Setback Requ r following the enactment of this, Section must in shall be granted, or OYal other appY:g.' which square feet in area [measured abodet3e ordinax structure, other than waiter oriented accessory s ordinary high water mark-'o'f1he water t?v'dy: Tl exits shall .be in addition to those imposed -id city ordinances,: all. of which shall.jointly 21.2 Shoreland Use Coritrols. vide valuaIe... functions to Gem..Lake -and mt of soils through root structure, trapping Lake is: a Kati tial Environment lake .under f5 Ali.:lots createdaiid structures erected in a shoteland.district. the underlying zoning district.`No variance crifea>estabiiskie iws the creado:u. of.a lot iris'i shoreland district that is. less than 80,000 gli waterrnzaxk`of=tilie water body}, or less than 200 feet iiz width. No :t ces zx anaged by'fliii.:Secdon, shall be placed within 150 feet of the laY11?St1rn lot coverage by buildings and -impervious surfaces. is 25%. es and faralities exce t those that axe wateroriented, 21.2.3 sor __.tructvtes and Facilities 'All accessory's r zctur p tizust iiieeti',arexceed'strietire setb`aek standards:' If-allcal government controls, each residential lot may have owed ly local one watier-oriented acces.saryl structure:oxfacllity locstecl closer to public waters than the structure setback if all of the flullowina. standards. are met A The''. t&ucture or. facility tnus.t not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greafer'than.250 squarefeet. Detached decks inust not exceed eight feet above:grade ati:any point, The setbaek'a£°the. structure or facility from the ordinary high water level must be .at least ten feet. j. The structure ar `facility must be treated. to reduce visi6i3ity as. viewed. from. public waters and adjacent local unit of shorelands by vegetation, topography, increased setbacks, color, or other.means acceptable to. the. government, assuming sumtner,.lea£ o.n .conditions. iJ] The roof may be used as a deck with safety tails, but must.not be enclosed or used as a stoxage.;area... The structure. or facility must not. be designed .or used for human habitation and roust not contain wager supply. or sewage.: treatment facilities, 4 Any accessory structures pr.facilities not meeting the above criteria, or any additional accessory. structures .or fatalities must..meet or exceed structure setback standards. llpdaled March 14, 2017 Gem. Lake Consolidated Land.Use. Ordinance — Page 126 21,2.4 Stairways; lifts, and landings, Stairways and lifts are the preferred alternative. to major topographic altetadons. for achieving access up and down bluffs and. steep. slopes to shore. areas. Staii-ways. and lifts must meet the following design;. requirements: Stairways and lifts must not exceed four feetia width. Landings for stairways -and lifts must not exceed 32. square feet in area. Canopies or roofs. are not.allowed on stairways; lifts, or landings. f3. Stairways, lifts, and landings may be either constructed above the ground on post s.or.pilings,.arplaced into the ground, provided they axe designed.and built in a.manner that ensures: control of soil erosion. Stairways, lifts, and: landingsmust be located in the. most visually inconspicuous portions of lots, as viewed from the "surface of the public water. assumingsummer, leaf:8' n conditions, whenever practical N� Facilities such as .ramps, lifts, yr mobility paths. foi'jpersvns ;with physical disabilities are also allowed for achieving: access to shore areas; provided that the;,disnensional'and. performance standards of (a) to (e) are complied with. 212.5..Decks. Except as provided in section 21.2.3,.dccks must meet the structute`sethack standards. Decks to be added to structures existing orithe date:the:shoreland structure`setbacks weze.established.:byordnance may be allowed without a variance, if all of the following criteria and standards are`znet; thorough .evaluation of the property and structurreveals no reasonable location for a deck meeting or exceeding the existing ordinary.lugfi u�aCexslevel setback.oFt1'e structure; S the deck encroachment toward the :'vrdiziazy `'log; water level' does riot exceed 15 percent. of the existing. shoreline setback o6&d :':ti'.... ure from die.,.ardinary°high water level ;or does not encroach closer than 3 feet; whichever is more estricttve and Q the.deck is constructed prirriadly.of wood,-.. is not roofed or screened. . d. -are setbacks, and . musttmeetall appizc t21.2.G Drivevays ;azdpaking areas�-T7gaeas mus be des echo°take advantage .0.:natural vegetation an topography to achieve maximum screening from new fi am the. water body 'liccess. ramps'a z 'approach roads. are no .allflwed in the structure setback area surxounding:Getn Lake. 21.2:7 Shoreline. alteration. Alteiradons: of vegetation and topography in .a shoreland districtis controlled to prevent erosion into pul & -waters; fix nutrients, preserve shoreland aesthetics, preserve historic values,. prevent batik slumping, and protect wildlite=fiabitat. A� Removal or' of'vegetation,is limited to die amount.necessary to construct -an approvcd.structure., and to maintain the �healtl vf. the vegetation, provided, that no such removal or alteration .shall substantially reduce the screening. o t 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 andsimilar invasive. species identified by the Minnesota Department. of Natural. Resources. j Any application for new construction mi a shoreland district imistinclude a Tree and Vegetation Preservation Plan which, in addition. to the requirements of Ordinance No. 66, includes an inventory of all vegetation affected by the. construction: and a plan. for preservation, relocation, or. replacement of the vegetation. _ Use of fertilizer and pesticides in.a shoreland district must be done in such away as to i in mTze runo€f into the water body, Updated March 14, 2017 Gain. Lake Consolidated Land Use Ordinance -- Page 127 „D�. No grading, filling, or other topographical. alteration shall be allowed within 50 feet of the ordinary high water. mark. of the water body, with die: exception that the Zoning.A&ninistrator may approve :the installation of clear. bear- type. sand in this area, in accordance with.DNR regulations; after review of an installation plan: j Any grading. or filling"anywhere. else in a shoreland area involving movement of more than 50 cubic yards of material reguires.a grading and filling permit. If the grading or fMing.is. to take place in a wetland, VI.AWM� review and approval must be obtainedbefore 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: 1) Alterations must he designed and conducted in a manner that ensures 041Y the smallestamountof 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..saon as possible. .3) Methods to irdnimize soil. erosion and:to trap °sediments before: they reach any surface. water feature must be used: 4}.Altered areas must be: stabilized. to acceptable erasion control standards. The use of bioengineering is encouraged as an: alternative to erzgirieered stabilization tecl n es. Retaining walls .are to be used only when there is :no.adequate stal'ilizstion alternative. 5 Fill.ar excavated. material must not be`placed in:a:�n+ nner. that.creates` an.unstable slope. } G Ari .alterations. belowthe`oxdinary high water`level of the water body must be approved by the } Y ;... Department of Natural .Resources.: M.2.8 Nonconf6rming uses. In addition to thezegulations''o£:tb s oxdiasn'44onlicable to nonconfortninguses generally, district the.folloiri shall..a 1 in a Shoxeland. d� ; K:.; POT - nfortnin .strut tore or facili may be. ; <P]C1Stin L�.ful''nor�. ca tY Y An extension`enlargemerit or alteration of. , .... g ,g pernuttecl on the sicleaf tYie structure or facilty facing away from the water body. to aieadstinlaarful'rion-confar structure:or facility may allowed to extend parallel 3 Aripravement g. ;..'g. tote`"shoreline ;when tlie:<unprovement: s atlie nse in compliance with the dimensional an set ack :requuements 'o£ this'<` rdinance Z. r Exterior decks attaclied to ari' e_ kisting lawful non-conforrnmg structure which do not .extend any roof. of fouriclation :may be perun d to extend parallel to the shoreline and shall be constructed to be visually inconspicuous when.viewel,e from the` ter (under summer leaf -on conditions),. D , 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.Registex: of.Historic Places::';; Section 21.5 Use of Gem Lake 21.3.1 No Motorized Use. Gem Lake shall not be used by any znotoxized craft or traffic including, but not limited .to, motorized. boats, snowmobiles; all -terrain: vehicles (ATVs) excludina. equipment: used for cleaning, plowing snow or other .occasional maintenance uses. 21.3.2 No Wet Storage Of Boats. Boats. shall not be rnoored in: Gem Lake for more than.,forty eight. (48) hours at any' one time. Regular storage of boats shall be on the shore.oE':and .not in Gem.Lakewiih same properly secured and stared out of view from neighboring properties and .Gem.. Lake while not in use. 21.3.3 Docks. Updated March 14, 2017 Gem. Lake Consolidated Land Use Ordinance. — Page..128 4] Docks:are seasonal and temporary in nature and, therefore, shall not be: perxnanentlyaff"txed. to the share or lake bottom of .Gem Lake. B� Docks shall not be:gxeater than .four (4V') feet -in width, two (2-0 "}. fleet in height above the water. and twenty. (20,0") feet in lepo from. the lake share. C) Docks shall not be covered with any roof stnzctnre, aivnirigs at any other type of enclosure. Only one. (1) dock shall he allowed for each parcel of real property adjoining the waterline. 21.3.4 S',vimtr ngRafts. Swipa_rn ng rafts are seasonal and temporary in nature and thereforeshall not be. permanently affixed to the lake bottom. $� g«rimming rafts shall not:exceed one.hundred (00 s. two (2'0) feet higher.than the water surface. Q Swirp g rafts shall not be located.more. than; 6fty`(50) to D :Swimming rafts shall not be covered w1d:.: roof structure,. 4 Only one .(1) raft shall be allowed for each parcelof real Swimming rafts shall not be: ruoored in. Gem L Regular storage of s:x�in„ning xaftis'slati-.be on the water and from neighboring properties:'` 21.3.5 Water Appropriation, No.petson shall appropriate. VLAWMO: are feet in total area and shall not be more than the lakeshore. other type.o£enclosure. waterline. than. forty ei h (48} .hours at. any one time: Iv secured and stored out of view from the without ast ❑btaini g.an.permit.from Updated March 14; 2017 Gem Lake. Consolidated Lund Use Ordinance — Page. 129 SECTION 22 . SOIL EROSION CONTROL AND STORM WATER MANAGEMENT Section 22,1.Erosion and Sediment Control. 22 L1 Policy. Statement: It is the policy of the .City of Gem Lake to zequire the. preparation and implementation of erosion and sediment control plans to control runoff and erosion, to retain or control sediment on. land during land disturbing: activities, and to prevent the degradation of resources and.:the lass or damage of property dueto etosion.and sedimentation.. 22.1:2.Regulation. No.person shall commence land:.disturbing:aetdvities, unless granted a variance, withoutfirst obtaining a .permit from the City .that . incorp.orates and approves an erosion and sediment control :plan for the activity, development yr .redevelop�verlt The.. proposed activity will riot result in an increase in .sediment off the site during construction and post construction activities and be in conformancewith the N1P.CA General Permit Construction for Activities, and as amended. .22.13 Criteria. Erosion and: sediment control. plans ..and the land disturbing activity shall comply with the following aiteria: Erosion and sediment control measures shallb,e consistent'witi7;BMPs, and shall be sufficient to .retain sediment on -site: Erosion: and sediment control measures shall; meet the standard. for the ;General Permit Authorization to Discharge Stormivater Associated With Construction Activity Under the `,National Pollutant Discharge Elimination .Systern/State..Disposal System Perrrut Prag>am Permit MN11'00061 (NPDES General Construction Permit). issued by tl l `iii sots Pollutic-) nttol Agency, August 1.2008,. as amended; except where more specific requirementsare. provided: in paragraphs; 3(c) and 3(d) . cif this Section,below: e flee or a licant must ens re final stabilization of tl `e, site in accordance witli the NPDES General Q Thep zrru pp ,, Construction Permitre`ii retrsents..The site will he<considered as`F aving achieved final stabilization following submission of Notice of Teu uuativu by tl e era? ttee of``appliCant, and inspection and approval by the City. T7 All on -site stprmwater cone ance:.chanriels:shail be designed and constructed to withstand the expected. D� Y velocity of flow fror&i'4:0-year frequency storm' without erosion. Section r the followin lan d ' Sec o under this shall b ere aired u g `'`:ernut or erosion control :" Ian.:. q 22:1.9� Excepton:`'No pP....:: disturbu g activities, Aj Ivlizioz land .disturbing.' ctivides`such,as home gardens, repairs and maintenance work. Construettou, installatione'Md maintenance of individual sewage treatment systems (ISTS). other than those on steep slopes;; on ripatianlots: within a Shoreland District .or:in a Bluff i4ipact.xone, Installation of ary ferieesiga, telephone or electric poles, or other kinds of posts or.poles. Emergency activity necessary to protect life or prevent substantial harm to: pers.oias or property. .Minor .wetland`impacts thathave' received a "certificate of exemption or no loss" determination by the LGU (ALA (TMO or. RVVMWD) adminisit ing the Wetland Conservation Act, as amended. All maintenance, repair,. resurfacing and .reconditioning activities of 'existing. road, bridge; and highway systems which do notinvolve land disturbing activities outside of the existing surfaced roadway. All land. disturbing activities not requiredby this Section to obtain a permit or have an approved erosion and sediment control plan shall:nevertheless. he conducted in full compiiance with. this Section. Section 22.2 Stormwater Management. 22.2.1..Policy Statement.. It is the policy of the City to:. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance— Page 130. Manage new .development and drainage alternations. by requiring each development of land disturbing activity to manage its storrnwater effectively, either on or off -site; .Promote and encourage a reduction in runoff rates, encourage infiltration and promote groundwater recharge. L) Maximize groundwater -recharge as a means.of rrtaintaiining drinking water supplies;.. erving base flows. in streams, and limiting. discharges of stormwater to downstream receiving waters. 3]� Assure 'that property .owners. control the rate and volume of stormwatel'. runoff originating from .then Property so. that. surface water. and groundwater quantity. grid quality is protected or improved, soil erosion .is minixnized,.and flooding potential is reduced.: F Pzotect`and unprove natural resources within the watershed:to:.prevent further degradation. 22:2.2 Regulation 4:Rate Control. The proposed activity will not pre-developmentconditioirs, for anything less.tl or. 2-, `10- and 100-years. The applicant must:eon Construction Activities. Volume Control. Storm -water runoff valume 164 the,runoff generated frorn one,half..inch of runoff specified under Section 8.0. Volu e?controi.credits as described. under. Section :22:2.5. f.Water Quality for Construction,. trianagement plan allowed. ease the peak staxmwater riuiaff rate from the site, under 24-hour precipitation event with a return fxequenry of 1- with the xequiremeriCs. of the. MPCA's General Permit for J. be achieved or site in the amount equivalent to impervious surfaces``of the development or as sed to control up to one -Half (0.5) inch of runoff with tlierequixements.of the.MPCA's.GeneralVermit: ital. ma:�cirzium daily load studies and sustainable. lake starrnwater to natural or. improved waterbodies.:are Waste Dis osaly'to.Waters;Stomnwater management must not result in. the .discharge of. any regulated 14 P :. substance;;;: haxazdous or;;:liialogical •waste, or petroleum .product; .whether treated or untreated,to best and irazx``'erient"iactcc devices:; that may'%ae,.a deleterious effect upon water of .the state (surface a ag P . <groundWater),uniess` the discharge is in cotnpliarice with Federal; State and local regulations. 22.2:3 GriteriaT Stortnrvatcr xt5anagement plains; shall cornply with the .following criteria: A� 11 iiydrogzaph method Teased .on: sound hydrologic .theory will be used to analyze runoff for the design or analysis of floQvs. and water, levels, B� Runoff. rates far; til e: p tapased activities,. development or redevelogriient within the watershed'shall.: 1j Not exceed existing runoff rates for the 1 or 2-year, 107year. and 100-year critical duration storm events; 4.Not accelerate on or off -.site water course erosion, downstream nuisance, flooding or damage as. demonstrated by the applicant, and Runoff rates may be restricted to less than the existing rates when necessaryfor the protection of may public health, safety and general welfare. C j, Stormwater facilities must provide: 1..An identified overflow spillway and downstream route sufficiently stabilized to convey a 104-year critical storm event; Updated March 14. 2017 Gem.Lake Consolidated Land. Use grdinance — Page 131. 2. Pond outlets designed to prevent short circuiting of the flow from pond inputs to the outlet; 3. A mirmimiaum depth for ponds of three (3) feet and conform to the design .specifications of the Stormwater Manual, 2001 4. An outlet skimmer to prevent migration .of floatables and oils for the. 2-year event;. and. 5. Access for future maintenance that is free of plantings. and impediments. D� Regional ponds and practices can be used to provide for storrnwater management based on the following ctxterma: 1..Regional ponds are required robe designed based"'on ultimate conditions for the contributing subwatershed. 2. Regional ponds are required to Toe constructed a . operativmal prior to cbnstructirig imperviousness within the contributing drainage area. Design.of all Best Management. Practices..(B1ps')wdl be consistent vvirh the Minnesota Stormwater:Manual, 2005; and as amended and the MPCA General Permit for Construction Activities,.2008, and:as amended. When using infiltration for volume control; .inf ltration ,v+a6nes and facilitT.Mes: shall be calculated using. the appropriate hydrological soil.;group classification'and,infiltration rate, and shall`:be capable of infiltrating the tNi*ed.volutne within 72 hours or`aAs' specified in the;MPCA General P.ermit.far Construction Activities, evaluating the infiltration ca ci ;.'of::;VIconstructed<'BMp: under post -development conditons, the �. In. e. g F� infiltration rates in the. Minnesota.Sty"rmwater;ltilanual should.b'e used: Select the design infiltration base on.. e least ermeable;sol`}3orizon within`the first eet beiow-the bottom elevation of the proposed. infiltrat on facili ':;site -spec inEiltratiori< rieasure iients completed by a licensed professional (as described in the .Minnesota,`5tormwater Manual, Novemlier`2005; .and as"a rien. e may be used in place of the values. in the Minnesota. Sto !...1 Mxoual,. and as approved by the'.City. " `uan ' `praCUces :'desi ed `i:to meet the. volume control regulation must provide All starmwater reten. ..-.,.p g� .. ;._.,., retreatroento£stgrmwater iunafpriar`tio':1riltratirig into the.groundwater system or discharging downstream. P;• ,,... ,`, Pretreatment methods must comply with the' 1 esota Stotinwater Manual, 2005, and as amended, for. the pro pose All" highly recommended and recommended design rxitexia.must be met, unless `specifically waived:by the Technical' Camtnissivn.:af VLAWMfl or RI, as. appropriate. I} To the zaxim.um.extent PW#cable, volume control shall be. fully met orisite (Section Z,.Subsection 24 Site conditions. may;make 3nfltration.undesirable ar it4possible. Th applicant must snake. soil corrections and/ investigate ot&a: r, ocations.oq he. site for feasible infiltration locations. Infiltration practices are not allowed: 1. For runoff frori fueling and vehicle. maintenance areas;. 2. Within hydrologic soil group D type: soils; 3. Within .some Wellhead Protection Areas . (Review Wellhead Protection Plans for additional guidance); 4. Within 50 feet. of a septic tank or dLin field; 5. On. areas. with less than three (3.) feet vertical separation from. the bottom of the infiltration system (. to the elevation of seasonal high. groundwater or top of bedrock. If the applicant claims that. infiltration is not feasible or allowed onsite; the applicant must provide supporting documentation and. follow: Section 2, Subsection 4. UpdatedMarch 14, 017 Gem Lake consolidated Land Use ordinance —Page. 22.2:4 Alternative Compiiance Sequencing: For sites where infiltration practices are determined infeasible as described in Section. 2:2.3(i), the follvviixxg Altexnative.Compliance Sequencing steps shall be taken in the order shown'. 4� Use of alternative. volume control practices as described in the Minnesota, Storinwater Manual, 2005, and. as amended, sized.accotding to .Section 22.2.2(b). Use of on -site: filtration -practices arid biofiiltxation using an impesrneable liner and under drain, sized to.filtet a volume of runoff according to Section M2.2(b). Use .of off -site volume control practices sized according to Section 22.2.2(6). Off. -site volume. control practices .can be used to provide for stormwater management:based on the following criteria. 1. Off -site practices shall -be constructed within the site. 2. off. --site practices are. required to be �oistili ixxipc * usaess within the contributing drainage area=. D� Use of wet sedirrient basins. sized per the; standard des Construction: Activities, 2008, and as amended:;:: 22.2.5 Volume. Control Credits. Volume .control credits Will amended. Volume. control credits must bc= Minnesota Stormwatex Manual' 20053 22.2.6 Maintenance:and Easement. ed as rrfied:based. on fi as arrerided;:;fvr the drainage area or.subwatershed as the project and operational.:prior to constructing the MPCA General. Permit. for Minnesota Sto .mwater Manual, 2005, and as .s outlined within Chapter 11 of the. Water Quality Volume: multiplying one (1) inch of runoff .over the than 1/2 inch of runoff over the proposed impervious 4ji z nded conditions must be met, unless specifically waived by Commission. .m, Wetland, or Shoreland Buffer Credits,. the credits mill apply to. areas outside requitement as prescribed within these Policies. hits can be applied to the roadway .portion of the .proposed site when grass igned with water quality adaptations such as. water quality berms. A: 5tormwater,management easements shall be provided by the applicant. for.(1) access for facility inspections and maintenance and (2) preservation. of stormwater runoff 'conveyance, infl.tration, and detention .areas -and. facilities, including the overflow route. Land used by stotmwater management facilitiesshall 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 -whiich lie below the 100-year. flood elevation. Q A: maintenance .agreement .shall be. recorded with the County as part of the City development approval.,. process.. Minimum requirements for the maintenance agreement include- Vpdated March 14, 2017 Gem Lake CorasoIidated Land Use Ordinance — Page 133 1. A list of the responsible party(s) (Cityandfacility owner/manager); 2..Contact information; 3. A formalized maintenance schedule, with scheduled activities; 4. A " aiiure to Per provision. laying out xemedsal..actions if the responsible party does not perform as expected; S. Maintenance debxis handling plans; and G. Emergency response (eAvironmental, spill, safety). 1] Maintenance is. required for. an stormwater practices constructed in compliance with these Policies. The City will conduct periodic inspection of stormwater:practices: A=ir .: i.A .»m of 20% of all.stormwater facilities shall be inspected annually by rhe.. City. The City shall.provide tv<tik e. VLAWM0 annual inspection reports detailing inspection activities: and proof of: maintenance w ere;requited When land. used by storrnwater roam thus .section will not be required, and a Iieu of the recorded maintenance agreea tes. is.public land?or public right-of-way, easements undei nent between the ,City and applicant maybe executedin Updaled March 14, 2017 Gem Lake Consolidated Laird Use Ordinance — Page 134 SECTION 23 W BROADCAST/TELECOMMi]NICATIONS TOWER AND ANTENNAS Section 23,1 Purpose and Intent 23:1.1 The purpose of this. section is. to establish predictable standards for siting and installing of`uwixeless telephone, ,radio3.1. broadcast, s evisivn broadcast and communications antenna towers. or supporting structures widiin the.City of ommodate the communications needed.of the residents and busi Gem .Lake. It.is the intent of this section to accnesses while protecting the public health, :safety and.geneml welfare of the community. 23.1.2 Specifically, the City Council finds the regulations set forth. im this section necessary to: A) Facilitate the provisions for wireless telecommunication services to thei esidenfs and businesses pf the City, B) Restrict the location of towers and antennasto. designated areas.of the .City and impose design standards..to minimize adverse visual effectsof towers and antennas. C) Require. evidence of structural integrity and i adjacent properties from tower or antenna failure, D) Require applicants for .towers and construction. E) Maximize the use of existing. and approved to the number of towers needed to,serve tho couvx Section 23.2 Zoning IJistticts For Construction 23'2.1 The .following telecommunications t A) 23.2.2 Tlie':-,following Zoning:: sites in the C `of Gem Lake: A) Any, B) Any .Over] Section 23.3 Performance Standards City of is to avoid potential damage to. iand to .apply for permits for their prove their nee . to accomf�ate new:antennas and reduce potential commercial broadcast/ be used for commercial broadcast]telecommunications..tower/antenna i RQ , or.76D B. "= Disttict 23.3..1. . All- 23.3:2 A proposal for a new tower shall not be approved unless the City Council finds that the .Broadcast/ the proposed tower cannot. a accommodated. on. an existing or approved telecommunications. equipment planned for tower or building.within atone (1). xr&e.search radius of the proposed tower due to one of the following reasons: A) The planned equipmentwould exceed the sttuctutal capacity of the existing or approved tower or buildin as. .documented by a qualified.and licensed professional engineur and the existing or approved tower cannot b , reinforced, modified or replaced to accommodate planned or equivalent equipment at reasonable cost. Updated Marsh 14, ZOI7 Gem Lake Consolidated Land. Ilse Ordinance --Page 13.5 s) The planned equipment would. cause interference materially impacting the usability of other existing or planned eq iipment..at the tower or building ..as.documented by a qualified and. licensed professional engineer. and. the.interference cannot be.. prevented at a reasonable cost. C) Existing or. approved. towers and buildings within the search radius cannot acconurnodate the planned equipment ata height necessary to function reasonably as.documented by a•qualified and licensed professional engineer. D} Other unforseen -reasons that make it infeasible to locate the plannedtelecommunications equipment upon an existing or approved tower or building. 2113 Any proposed commercial. wireless telecommunications. service tower shall be designed .structurally; electrically and in all respects to accommodate both the.applicanes antennas and comparable antennas for at least two (2) additional users if the tower is.over one hundred (1afl') 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 acceptantennas. mounted at varying ng heights. 23.3.4 Structural design, mounting, and installation of.;:any'tower .oviantenna shall be in. compliance with the manufacturer's: spec cation. and as may be necessary ;or`=as deternuned by<: the. City Council. All such desips and installations shall be verified and approved by a qualified; grid licensed .profession :al engineer employed by the applicant. 23:3.5 All towers and antennas and related structures shiffi be designed. and built if P66 r pliance with all. City.of Gem. Lake building codes and electrical code requirements, aii:as applicale..shall require permits. Existing towers may continue in use but.riady not be structurally:_altered. 23.3,6 The height and. style of the tower an"( verified by a communications engineer or otlt Telecommunications. service shall exceed 180. 200' feet. 23:3.7 All obsolete and iirixsed t at the site; unless an exern .. tion i or antenna at it's expense therib 23:3.8 Dar% aed"ezistirig awers Repais'ra i lr rebuilding sliall."g if the tower, --is'.- estroyed.du td j of a iiew tawes ;then the tower r 23.3.9 No adverdii4 riles sage shall 23.3.1 a No. tower or aftt fighting -is required by the TO When incoiporated.into the fields, or similar areas. the City shall be tl e`iYaani um necessary to functionsatisfactorily;:as: ate :pro fessiariat However, no towers erected for broadcast or :v :tower. and accoripanying antenna shall exceed two -hundred 2l1ibc'removed'wlibin six (G). months of cessation or operation uncil. The City reserves the right to remove any unused tower IVner to recover costs. sinas m li: ebad`to the same physical dimensions and at the same location: Y within one (l)-year after receiving the building pemut from. the City. However,. ors or cause whatsoever, so that repairs would be forty (40%) percent or more be.zepaired .or restored except in full compliance with this Ordinance. to :any tower. and or antenna structure - must by artificial means and must not display strobe lights., .unless such ition. Administration, or other federal or state authority for that particular tower. design, the tower may support light fixtures. used to. illuminate. parking lights, hail 23.3.11 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. 23.3:12 Towers located closer to a property line than the. distance equal tot eh height of the tower shall be :designed. and engineered to collapse progressively within the distance between the. tower and property Brie. The. applicant for any tower shall submit written documentation explainiiigtower construction and possible failure and provide assurance that blowing or failing ice from towd/aatenna can be contained. on the subject property. At a.> gum,.. the tower. shalt. comply with the minimum setback require -went of the Zoning District in which it is located. Updated March 14, .2017 Gem Lake consolidated. Land Use. ordinance:- Page 136 23 313 A tower shall:be located on a parcel of land so as. to. have. tlie. least.impact. on. adjoining properties and any negative impact of the towershall be confined onto the. property on which itis located, to the greatest extent possible. 23.3.14 The tower location shall provide the .m=nrurn amount of screeni ng 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. 23.3,15 All utilitybuildings, structures, and equipment accessory to the tower or antenna must be architecturally designed to blend in with surrounding environmentand must meet the minimum design requirements of the Zoning District in which they are located.. 23.3.16 No change in the use -or ownership of an.approved tower or antenna may be made without the written consent of. the City Council, 21.3,17 Co -location of.antennas upon.overhead:power line poles or_street light poles is encouraged provide the said antenna meets all.applicabl.e federal state spacing requirements and_inference. regulation. Section 23.4 Proof of Non -Interference 23.4.1 Each application for construction.of a commercial"Bibidcast or Wireless telecommunication facility shall include either a certified. statement that the construction of the`tpwer/:antenna,.includin` `rece tion anddransmission functions, gP will not interfere- with the radio, television, or .od er_ service. enjoyed by adja:..cent residential .and non-residential properties. If interference is found after the facility has' cen built has been erected '.fhe .applicant has to. solve any problems his equipment has caused, at his cost Section 23.5 Tower. Setbacks 23.5.1 Where adjacent parcelsare zoned for `cc the principle .structure. shall be provided for. established on sites that.Are a,) t,jq parcels Section.23.6 Permit 23.6.1 Can. Permit app 23.6.2 Plain .firs.t be see approval pr-deniai. The City Cou deny..the request lie applicant is (350) feet of the`pxvposed towez needed. Section.23.1 Exceptions; 23.7.1 The following towers Section 21 of this: Ordinance: setbacks equivalent .to. those established for ;;;equal :to the height of the tower shall be eloped for.residential use. as Conditional Use P.etmit must £rle. a Conditional. Use. all associated fees. cA review. All `applications for a Broadcast/Telecommunications tower..must. siori'which shall review application and may rtiz ecomend. to .the: City Council will hold the necessary Public.hearing(s) on this matter and will::thcn approve or 5onsible`for'"supplying a certified list of the property owners within three-huudrecl. to a: site and pay all costs for notifying allsuch parties of the public hearings) or antennas supporting structuresand antennas are not subject to the restrictions of A).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.. B) Towers and antennas that are located entirely -With a. structure that complies .witlx the height, bulk and density and area requirements of the.. City of Genf Lake Zoning Ordinance..and are not visible from the exterior. of the structure are also exempt. C) Towers/antennas :for radio/telecommuriications equipment owned and operated by the City of Gem Lake are also exempt. Updated March 14 201.7 Gem .Lake Consolidated Land Use Ordinance -- Page .1.37 SECTION - BIND ENERGY CONVERSION SYSTEMS is. to establish standards .arid procedures by which the installation and Section 24.1. Purpose. The purpose of this Ordinance operation of residential Wind energy conversion systems {WECS} shall be governed -within the city. 24:2.. Zoning. Allowance. A Residential WECS maybe installed as an accessory use. in all zoning districts, provided that the: system complies .with all terms and conditions: of: this Ordinance. 24.3. License Required; A Residential WECS with: a blade diameter under 6 feet and installed so that the total extended height does.not exceed 1Q .feet over the t0est:.stiructure on a.property shall not require 'a City ..license: For all other WECS, a license. 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 fox accepting and reviewing. applications for Residential WECS licenses. The City Caunril shall establish fees by separate resolutionforreview of an initialapplication and for renewal applications. 24.3.1. Initial Application. Any person.wishing:to .install,a Residential WECS requiring a license shall complete in -application on a form provided by the City, pay the. tequired' application fee, and submit the: application fee, and attach the fallowing additional materials A site plan,. drawn to scale, depictmg the :location of all EC. cornponents on the property; the. locations of progeny boundaries; tle:lpcation of all structures'-andabave=ground utilities located. on the property, and the location. of. any puhlic rights -of -way or utiIi P easements on the property. The plan .shall also indicate the height of d e`talleststr!44Fe, tree or olijeet; lying within 30 feet from the. base of the tower: Documentation that a current . insurance policy extends coverage to the ..proposed Residential WECS, whether under existing propextysnsurance or a;separate policy. WECS mariu£acturei's clocunentatiori `slating rated generation capacity., standards Cj A copy; o the .........,. ta. certifications s..U>ilriderCvrzter'.Lahorce tificatian} for each WECS component, installation instructions, standarddsawings or`srYieiriatii s for the=equipment, warranties, ixianufactuxer's warnings, .and emergency procelu s. I.scation A ';zpdrsR.4' rith a licensed WECS previously installed upon. their property shall 24.3,2..E Renewal App p , .:. . subunit'a`xenervaI;al3plicatioh'.'ol a forth provided.liy=;:the City, pay the requiredapplication fee, ,and prvyide.the A revised site :plan and1elcvations reflecting the. current location and height of trees, structures and.. ltles.On ille j]rO�7elty in rvhuell the tower 15 located; and I `any of the dod' r. Tents required by Section.24,3A (b) .or (c) have. been replaced by new documents or revised; current-;cpies of those documents. 24.3.3..Review of.Applcafions. The officer designated by the City Council: shall, review the. license applications and .attached supporting tnaterial 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. 24.5.4, Term of license. .A:Residendaf *ECS license shall remain in effect.far five (5) years following issuance, unless the City Council shaA earlier zevoke the.license:for failure to comply with, the terms of this Ordinance. 24.3.5,.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 holda hearing, at which it will receive evidence of the violation and take testiinvny 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 peziod.of .titme in which to correct did violation rvithoutrevocatiob, Updated March. 14,2017 Gen Lake Consolidated Land Use Ordinance.— Page. 138 or choose to take -no. action on the WECS license. If a WECS license is revoked, the WECS and tower must he dismantled and removed. from .the property within-90: days of revocation. 244. 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. nstaUation.:of WECS components must be obtained. from the Czty's Building Official prior to. commencing work. to 'install. the WECS. 24.4.1. Co mpiiance.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 data and .calculations to. demonstrate compliance with the structural design :ptovisiods. of the state building code. Drawings and engineering calculations. shall be certified by a Minnesota licensed engineer. 24.4.2. Compliance with National Electrical Code.. WECS electrical equipment and connections shall be designed aud.installed in adherence to the National Electrical C0 as. adopted by the city. 24,5. Standards. for Siting; Installation and Operation of 2.4.5.1. Height The height of a WECS:must co . n1ply Wfth FAA seguiation part.77 "Objects Affecting Navigable Air Space. and/or MND OT Rule 14, MCAR 1.3:a45' Criteria for iJeCernvning obstruction to Air Navigation . 24.5.2, Setback. WECS. towers: shall beset baelt. from the closest property line at least one foot for every one foot of the system's total extended:height. Na;part of a WECS (including' gizy; ryire anchors) shall be located within.or above any required front, side or rear yard setback:; 24.5.3: Rotor clearance. At iiistallatio ; the bottom o£ `tt e WECS blade diameter shall have a minimum of 5 feet or clearance over any structure:.' �iridud ng above^grounq utilities) or tree within a 200-foot .radius. of the WECS tower. The .property:owner is.`zesporisibu for ensuring that trees and .other vegetation o not encroach onthe minimum rotox.,cleararice:after'the system is=installed. CS shall lie!; ''u g_i wl.th con ol.e ui merit. to prevent dangerous operation in 24.5.4. Rotor safety'Each WE. q.<,,PP.,.<;.;:;. p. high wind and`tio. allow the. turWhe to be slowed``q stopped: in`ari :emergency. 24.5.5. Tower accessTo;pret unauthoxized clunbing, WECS towers must comply -with. one of the. following Tower-dibabing apparatus shall. riot be located within 12.feet of.the ground. A locked ant limb device'shali be installed. on the tower. being climbed shall be enclosed by -a locked, protective fence at least six feet .24.5.6, :Component c.rtifteation. Each electrical component of the-WECS must. be certified by Underwriters. Laboratories, Inc: The?' ra all 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. 24.5.7..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. 24.5.8. 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. 4 High. voltage warning,. if a. component of the WECS is "high voltage" under the National Electrical Code. 4 Manufacturer's :name. Updated March 1 4,. 2d 17 Gem Lake Consolidated -Land .Use Ordinance —. Page .139 _: Emergency phone nu her.. D. Emergency shutdown procedures. No other signage is permitted on the .tower of turbine: components..of the WECS. A manufacturer's. name or. logo printed on a component is not considered "signage`for the purposes of this .Ordinance. 24:5.9. 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 hy.FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular :7017460=IF; September 1978 "Obstruction Marking and Lighting" 24.5.10. Noise emission. Noises emanatingfrom the opera4q ;of WEDS shall be in compliance with and regulated by the State.. of Minnesota Pollution Control Standards, Minnesota: Regulations NPC 1 and. 2, as amended. 243.1 L Utility conipany interconnection. If the WECS:is jnterc6dhected.with a local, electrical utility company,. the connection shall adhere to the.National Elecfrii al Code as adopted by the city. 24.6. Test Towers. A tower. tosupport:anemon a WECS :on the property may be installed as an test tower,: but the City must be notified of the required in. Section 24.31(a).:The rest. towej requirements in Section 24.5, though a. testtowf a. building permit must be obtained before -:col property fora, maximum.of twee -four month 24.7. Inspection. The;i the WEC& islocated. owner shall take. exped :s the. :ters`a d other test e.quipxnent t� deter Line the.feasibility of installing accessoryuse in all -zoning districts.' A license is notrequi=d to erect a nsiallatiarr; and proyided with. a site plan; ai d elevations sifiular to that. must comply' elmt .all applicable siring' installation and .operation -may use guy vies=for support. If required..by the State Building Code, orienting. work taresect the test tower. :A test tower may stand on a in any.=;tf xee-year peiQl,:., to `correct the ;tense to inspect the premises on which and poses a potential safety hazard; the Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance — Page..140 SECTI hT 5 S BDI SQr 'ors 25.1 Pu�� 251 Int t ts: €. .. C.. n s•s i rf�z . igug .R t ifo sec n hrlfl re5 t5 a ff f CS R th S O Make r.ertafn rlations and e ' la o: 't th i f ❑ u d M ne a tes . lu o e. i S Colt Section 25.2 uri ' n 25.21 T e rcmdations li vernin ats nd the s i 's'11 Of nd Shal 1 withi he o to li is o£ th ■ ■ a • _ iE. - ����.E�'IIS•.�lli■1�II.I%Sa.L�iIIBC■Y��I.I-LiS�A�1L��:17-?�1RlS•l:!]IIJ-ass-..+ ■ a a■ 25. :2 s. on fl a fi e.corded and whir-b nR 1 s n e () acre shall b exetn2t from deli atian =ui r_n .. 5: 5 Land d dicated for,12 rks.la ❑ nds id vuh id v enaces all b easgnbly sui able fi2r itsalended us and Rh it i le e R e c u ti e a o r n e ti r a hi cl iz 1 y r ac es an 1 ti he i s re a e r f 1 nmandate UpdatedMarch 14; 2017 Gem Lake Consolidated.. Land Use Ordinance — Page 141 ■ :r■ :. r •. rr ■ ■ • ■ ■ a v J tJ s a.. �■ ■ ■ ■■1. ■ ■a. • a _ ! L_ _ 1 ■ v a ■ ■/ . ■ ■ ■ • ■ • ■ ■ a re to • ■ # •Oil 1• ■ 1 ■ ■ ■ ■ Cal t• a —III MOIL D 2 .5, We an s i ed thHe ark Ian 'a d ash nid— ' n. he Section _25.6 Minor bbdivisi s ft ere ■ ■ Sal AU • ■ ■ • ■ -! ■ ■ ! _ . • ■ • _ ' a ■ rri� li�+a_ • IlpdatedlYfarch I4,:2077 Gem Lake Consolidated Land Use Ordinance --Page 142 -brid- an - r ..•Citms: niLak Q ■iance. A ■r a • a•■ a ■■ / ■ ■Y huild■•� ti-le City Cwncji as part aEthe Gem —Lake Fee SdigA—ul-e. Section 25.9 Rules. d T]eftnitions 2..9.1 T kt-of this section shall be irate ed iri cord e with fnl "up, rules o construction. lie wcmd "shall" is..mandatoU ethe-word " tni i Ul The rnascuh l u Updated March 14, 201.7 Gem Lake Consolidated. Land Use Ordinance. —Page 143 envy 3 t fin in 412uts in I x of s: s cti it me ,shall be congrued as set forth in such def aw h eoff.,. F� AU measured dist-anco g1presstd in. feet shall he to the gearest ten - th ❑f a £aot. 2.AO-1 Sk d .slum that all apz&an.Is areed r n. gmidsrd�do ) r a ' rdinan e plan s Plan to li scc Section r dgtOs ipf what i§ to be included ih n) TheaWlicant dso shgll agan= a a cation meedag Zvi e ZgninAdministraton thePlanning Commissian an the City eer to r .. etv and ' cu s the ❑ e ���lo�ment. 1 ■ � ��'-• a _a _ a.■l ■ ■ .!. and all rgcl ui •rei eii .of this 9rrtee section are comPied with. &nd a o b " 'on 'ca 'oii and.one f the Pr--sliminary Plan to eab-e ssioh azid Onecopy Updated March 14, 2017 Gem Lake. Consolidated Land Use Ordinance - Page 1.44 Q The Zoning Ad—mmistratot also h of ❑ ie the ParkAd ' o mmmime,T-aggrshed DisqjctsS=nZgthcg 12ubEcW,,,digfigas EQLI& tim l ew and corninentwhere appropriate. -and when reel ed used nlan.hall he pdaccd n the a enda of the f t ossible Plqngine Cossign ee . o s a9-lit enc red. The absencef a re rt Er m Jhe Chy-E—ngincer shall in no.m l or clisa [ roval I�,y_tbe City _o„f inv lidate the pprovaXhe T're ' �ar�r Plan. 1 n i n l on ro-boscd Preliminary Flan and shall n. W-w-d= cerdfiedstr'de Or c "st d M012erlY record reportsuch otha vie e- s Ci ncil a r h 1 OLthep pperV in th visi n by die,applicaot.. i 1iF eo s - e� ■ The Kepart £e Planning- 9mrnission shalLbe-subtL�tted AQ the Cit)ECriiincil in A-tifnely manner.. that allows the C Coundl to Mke ighLn the time hinits establi h a Finama. e ha t tli r the Vropud =m-yements conform to• ri Updated March 1 ¢, 2017 Gem. Lake Consolidated Land Use Ordinance --:Page 195 b ' m It shaU also s to whethertherehminary F' PI a as apVTO v be .i 1 eQri 11. .2h t 1i law, it sh-L no a-l2rove a &al Plat unless it: 1 Con orms to the reline n Ian with all c n es and conditions asso 'ated with Prelit an tandUds set forth in this Ebxliftft!=SeGtiO. Conformsthe l2bins of the h g aMrgission-and Council_ 25.14A Updated March. l4, 201.7 .B) iQcation of bound= Dues in gelation to a knomm secuon. quarter sgcuon -or, quar=-. Names And addresse f He on n er r s d er i s siirveyDr togethe with the suive�ar s re6s anon number. D c e f l t le s than one Cl in gh Tne hun ed 1 Od feet. El Date. and north arrow. 75.1 .4.2:2 Fxistna Coaditiot Bound= lines and al acreape of.prUosed plat. clear in cat Gem Lake Consolidated Land use Ordinance — Page 1.46 Bi Existing Locatio zoning classifi widths and names au _ns for land of all existing.or within and aluaipV, the jYls o previously platted streets or otikc.pnhu s d cgrI66= of j=rovemcnis,mT, railwad aild utffi�z.:ri_ af-wa :12uls and other public spaces, permanent boil 'ngs and sOuctums.,easements And. section and c=orate liiri s within the plat and to a di tance of three -hundred and fifty f350) -feet beyond c the_trart- f existing 5. Water Ma ts or er ou ti withinthe tract and to a distance of _one -hundred (1QD) feet beyond the tact Such data as nrades. invert elevatiions and locatl(ins of ot6 basins. manboles nd hvdtants%,al§o shRU be shown, H) Water mains shall be provided t!2 serve the suhdivision_by_e tension of ari exis�n coMmunity systemev r easi 1 n ctio aWintor he and fire h nts, also shall b :. Extensions r. supply system shall be desial—ed so as to provide public water in accordanceyviSh the §Oage treatment facilities on the same ante adjoining lots. Well plans must comply yjth the. Minnesota State WAI Code as may hc amended.and. sha e submitted for the approval of the Cb Engineer. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance —Page 147 I, agg Diaposal Public, S riitLa sewer Maimand service connecupi shall be installed i Agco^r ate'ce %vkh the slandul and ordinances of thr, State of LANN., RamseYand th Cijy of Gem Lake. T) Sewage D sPosal, Private A n-site septic systems lull be instaRed.in accardance_witli the standards and ozdz nee the StateRamsgz Cou a d the f. Lake- P.o d i d .. .m n.. $ Lg accuratg soil survey _oLtheAuhdLvLqion 12rcpared by a qualified verson. e . h 11 furrais e.i a Financial to ent satisfa o t th i .. Wh then City bsnot undertaken to install irnl2Myements..thg:d�z may, at the Comity's option . r quire h vel Financial. Statementsaj�t to the City. w r or aibdiAder 11 submit a Final Ebt LQ=IkIr .. n .e. sjju l re in a cotdrn. The Final ar ard oes sh ainf with s2roni i ns of ns ggd the all g9rimin the followinginf mation: 1 GLnaluir men [Updated March 14, 2017 Gem. Lake Consolidated Land use. Ordinance —Page 148 Name of thevi which s U nott 1y approximate the nameof any vi 10 nge.- ty and atatc. and ilicludiug desc�96y-c boundarits the subdivWon..l,ased on an accurate tra-VerSe. vivin ngular and linear dimensions that must :mAthematic e l. errpi.clo5urg,port' final. 1 a e one IQ Footi seve ,yt -five hundred CZ500) few The loca6on f monMents shaU-hownh g6oLij of such monuments shall he shoN" in reference to existing Qfficial mgnuinetin on the nearest esUhlished strea lines, ificluding truc gngles and distanmto such reference,in r u ent D) Locations of lots,tree . highways- pub and othrden es- with accurate dimensions in •. u._ r.So Appoved by the City of Gem Jg c- Ramsey County. Minnesota This Day of 2 Signed. Attest: UpdatedMarch 14, 2017 Genr.Lake.Consolidatedland Use.Ordinance Page 149 City Clerk ice 1111, .1 a 01 a- I NORl . -IT-W a 25.11.2. 10- Fnxitagc on tqn s treets. Double frq nta a ❑r Iots tvi h fx nta ge on two 2 tougi-fly pargUel s tre is v n. bi w or top Qgraphic or othcondcr id u en e. Su.6 double-fgontaalots ghall b y :. d i L depth of -atleast menjg (ZQ feet in r ow for 5ereen j2jgU6ng alongh back lot Lin . 2.Turn ground egms . When pr.gj2osed residdi'dal Its a r r. grtgjaj. I 25.11.3 5trerts Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance -- Page' 150 : 11 -11 2xgets. Conlinumis. Except f r cul=de-sacs.. streets shDnn vit.4 streets already dedicated.in ad' inin or ad 'n i h n be r a on of streets in thesubclivi&d tracts. Th t o u and colle-gtorsonable-drCulation-of -traffic. t condition of r `tQ publicve r' t relation-W—proposed uses-o_f_tlle_area_ta be_serve�: 25:113.2 Local strce thorix va ewa d De d-end stxee . cal tr e s sh uld be so lanned.as tb i b 4 cal fi . Ile d where.topoeranhv or ather.physical conditions just their use. &hde-sacs shaU include a terminal turn- arnund-xvit,) _a turn around radius of not less -than _sixt(G01 feet.. curb . 'I`17 ` ` urn curb vadH f r thoropghfares. no. Ue for streets l 1 et nd a e s. , hOB-e�.s_foHows: A) All Streets Ten f10') feet llin streets shgll be ptghihited except under conditions accepted by the, City Council. 3 S t h- - -Width. For all wili& s r dedicated and accel2ted, the minimum i ht- f wi alI b as shown in the f i ke C m reh nsive Muni ' Plan d Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance - Page .151 where not shQwn therein m ri h -o - r streets. arterial hi hwa s or jNdui n in i elesi th n th� miflimum dixnruajQus for rac . h classificadon as Moms �R. k.. r •�FATI N R -, llw i i 1 fccl M inor i rt R. - • R Mix or- it Authorized Private 1 r thr, tol2soil is removed, uftid nt arabls aside f6r r s read develol2ed area. s hall be restoredor. providedulapth of f 4 inches ands f a qualitvat. least erlual to the:soil oualiW-gdor to. development: 2511,,.�&Natural ve era 'on shall be protected wherever practical, 1,5.8 JhLeto5ibn-and sediment control blan shaR he ai4bigg;t jo re- 'ew Rnd approwl of tljg aliplicabIg Watershed District: and ibg—Cily Engbeer,ne City may reou_�st a reliort from the.Ramsey_ Sod and Water Updated March 14, 2017 Gem Lake. Consolidated Lard Use Ordinance: Page 152 ■ as ■ •� a �,� . . aR . � � •. . .( I 25J 1.G,1 All suhdiyision designs shall inc xnorate adequa a provisions for storrn water run-off sbbjectta revim and appmal pf h i trict an the City Enkineer. 25.11.6.2 The grade and.drainage requirements far each Rlat.shall be.anproved by the applicable Watershed ict nnd. Ok Cityn e at the n subdivision. By= platpresented for : t .. a�.Iwa IF r A • _ • .� • i t- _ • . ■ ► 1i.I.T.1R 17i[�:r:G�il • 1hp, Final Plat: Updated March 14 2017 Gem Lake Consolidated Land Use Ordinance:- Page 153 Ltis-factaZeo=lelim Qf the mmrk the subdividere e ent referred c 1.1. C TheDgyment by the sub ' 'der o- the Qty of. all.Expenses incuLrLd by the City in connection -with sibn s e n s col. legal, and admiuiiImtigq. In iustancea whe=i-u6h-es:groH-jLubmittedf a letter of cr di r performance and indemnitY ban a hall h e ❑ a reeme that shadr thatli v' reQmjzad irn y e .. s are nut -completed -die-cash escrow- agEcement Shall be ap-tomaticaRy turnedv and. delivered to the 0tv and annliPrf ,--+JW-AWA'ii2eLQx-steeI rods: shaU be: placed at e ch lot and Luach intersec�pn of street centgr lines, All Unitgd- States. LAM—CQ-uniy or -other g Efid I bench marks. triangwitim Ihak shown -As: an aid U31rL=ms. No ditto marks mill be permitted _ _ !' ■ ■ 11119.1"m WPM 25.12.3 5treet.Imnxovements . Updated March 14, 2017 Gem Lake. Consolidated Land Use Ordinance -Page 154 25.12, 11 in gcqcrdauceri d Znd. e. a r s t. n r ui d h i n' 25.12..3 str to s fa d sha be of ov aE vA in accord nce wzth a standard n e 1f; ve h r a Suby tht d v 1 d gutter shall b n cte a tfi an axd d Jpe,Ci _-ajjiQni fQt str attbris=ctioa as sk forth find g:pproy-td, by ffic.:G au cil. 2 .12. Trees n Boul rd ddin The 121aring of 11 dcremynd wouldt 1 Ummlopm t mm 1 ed' a .c it a rc!2ndidotL-ni�h-c undas lahF e or Updated March 74, 20i.7 Gem Lake Consolidated Lard Use Ordinance -- Page 155 2 .1 2.7.2-Where,tele2honc. .. Cable TV edwdc. and/or P S Scuice lineg are to be placed undeund entirLly withia case or delcatcdDubBsu unannernot CO 'ct with Other uridergzaund services„ 5.12.1 protected -by r i aand: othcLundermund ill-Ififily easements. instaLla6ons that s r'va el o ned ro h aE be 25J2,1.4 AU udW lines for. el ne n tri l e 1 lie pladed in rewhe n. carriea on ov he d Poles. The 1 a MQmmend th r it t th _e pf overhead old used be Qf,a qua*,and dumb' 'ty aesthe 'caIly in con, orinance-with the napge of the, r ids der elo ent. 25.12-T5 The subdividers e IQX c m 1 with e h" n and.,;ha u6 mi lcggiar meenn4m nraer o x swer cluestions.c cerninZ tbLpLQ=sedV ce 25.13.5. he 2knuninz Commi n shall have the author- to re u st:additi n infar tia from e a licant: actions or condl�ons relatigg to the request a,;. it mg.3� deem- necessaxy to-C •'slit t� a" ■ ! ..! ! 2 _IL.do • if . ■ ! - F. .F .F - F ■ �l F 3 i ■ !- .F ._i ■ - . - F.F.. es F' ■ Updated March 14, 201:7 Gem Lake Consolidated Land Ilse ordinance - Page 156 2 .1 e e❑ of th Plannin o s i as e e v r 1.. nc h Emits hed law n' c u e written in f a n o considers n Protect -tic yth ,..aafetv and ir n tr A - 1. - Section 25.14 Violagons And Pe 1 25,14..1_5alg.Of Lots From L]nrecorded Plat. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance — Page 157 SE.CTION 26 -:LANDSCAPING ■a! ■ s■a _.!' P �Pf .1 ..P! - ■ - - >J ■. "31 ._.s _! �l. .i. 1'S.. 26.1.1 LAhdscg*IZ Goals. AU lMdpc9pjpgu bedesigiled wprotecL orese"andpromote e aes and overaUn' elanduipg—drqiible with the descrizoning area and the intended we of thex . The re xva ' it 1 vegetation is ais a goal which should be addressed 12rior to any new construction j&adfdiiU,-6rld,rhsnges.or expansio of existing Use.ateas. 26.3-2Trees to beplgnted-re 3) new soddingand seeding of the regiiired,urds._ At leut one (I.) -Q j mtopz tree anal either one (1) ornamental tree or coniferous/evergreen tree is reVired for ouch 1 2 oves as long as thanot of identical Existin sigaificante lot may be used as a credi in qeiif andhndng new trees, but ea h acre have aC Ims- ,mm Q trees required after land in r s n e tia . areaareftj the r for landscaping 11 eve to gf getrait exp�tlon in -place �zf the date of construction ronipletioq Updated March 14, 2d17 Gem Lake. Consolidated Land. Use Ordinance :—.Page 158 Leckna-26A L d ca in . Re iirerri for w s n in -R id n' i s 26-4.1 er .1 CSS2 . Fo aB -rj si 'c t s, at 1 a antv five er 2 e instaggd within sixty. dm of th startf eV m' on.AU aret5 finished,but seeding of 4 e s . Yr w n a eri . SDI fencesAnd er methodsLoprey-entsoiLerosion shall b ..•. stall and a'ntairie n the rem r, on of the lot that are not it d or ro s le rid9t is established, &131 wever ,s gr a- ?tttiorfs ark fo 1n ed. Updated Mai•ch.14, 2017 Gem:. Lake Consolidated Lane! Use: Ordinance — Page 159 .1 . re an -fuRowing aursMuto&s' r a mcasurements.sbaU confo= to the standar-ds-Ret forththe giment e i 'on of the USA 8tandards for Nursery Stock. g plants .ma he ed or sagdfi6i atany 6met MrAurpm-m Akkk4@ji6jCjq am taI rges Iml' adiamrter Rvi.e,pee Tenex 'fi fee t t411 Section_26.6 Native LandsQues Updated March 14, .2017 Gent Lake Consolidated Land Use Ordinance -- Page .160 6.6.2 Ap ov A " 6v I a e" frestojhall be: a ppxoV. ad-If'jai'v „ ea .i f. ° b ria " as bs n 'o la s or m n {y} Secdo andscag .x-s 'ng es Scc ' n 26.8 Srreeninp e uir eri sAn_Non-Residential :T7isrrirtc IV-d1QrgS s i re e Vubks x m he 1 v 1 view fr m a i desigmcd to be cormatible withJ22c Mchitectmal treatment the rIcinal qtru-cture, Section 26.10 Screening ethorls 2610.1 Screeping MR orEgn e. A fence or wall mav he, used for s re en nt rri teriai a e vide n outsidethe of' -the fenri e or,waH, .-PAL PJYMLSIM��� Updated March .14 2.017 Gem Lake Consolidated Land T.1se Ordfrnajrce — Page 161 60111 OEM E 1 _ bertm p ed to. gggealarkingis Il b-C obuffident beichievet to sl :1. A glinimum of a -two t bam i 26.10: Plandn tree ee ' or buffshall be located on the l occu i d ❑ the.use b-WI& c. or s ar-Imffering Sha he located on a bli .ri-o -iva giglu fetLQLbe traveltportion of any L = orhig ma:. plan :exists-UeWre issming abdieemit�nr_ SectiQrL26,12 -PerfQ=ances Nxm-&sidendaIpjsttjctq 2• s owner spphhed er rman e securim Nv 'ch ha vmr'kthe City mdth:m8hjcbrngrauketv b-Qnd, g1212roved letter of Updated March I4, 2p17 Gem:Lake Consolidated Land Use Ordinance -Page 162 creditr other sureZn r it f all i ndsc elementsmd screening required. 2 .12.2 Time i ur em ' in effect. Said suteUhall r for, two ftffl giowingse'asons. The first year -the amount of the suretp shall be equal to one hundred ten percent (I l ff.1 of the cstxtriated hosts of plant ffiatcriAs (25fo) !2f the estimated costs of Vlant material, installation and tree tirese��, for lots with-jiorl systerns. Lom or.sites providedto c ver' e hundred° a a imt2roved with andsca in n cd only providefull season' &ction 26.13 Maintenance of I a lakayi jg Tn ; 'std Section 26:16 Sep, 5eve }. BMWIVIIIIIII-) a • ■ . _! •l • - - ■ ■ ■ ► lill : zr•ssaus - ■ ' ��tizsit:.ei - - - 0_1 Is XOPP . Updated March 14, 2017 Gem Lake. Consolidated Land .Use Ordinance —Page 16.3 Section 27.1 PWWse. roads and h=een diffelings 2.1.2 Tieecover rl bauku are bcneficiaUa terms aesthetics, V=.egtLQa. watershed n i and enh—anompat urr pr=y values. Land alteration that causgs. do-stttction of trees or shrubs.ditxjznishes the j2ubhc health;. paying an -,iov excavation gr-tremchina sh-aU n detrimentally&trimentally affect the aeration or permeabihly of theo ig the e e. The:a t: t d= t -the i the time of a r i s btni si _Nvhenevgr land alters 'on Ordinauco is plarumdthU outUnes the c n ❑this Or-dimacc. This submissimzhgN include: 1. dress of n preparingit to do ffils altemdolL . The natne an—Lddrns ofth_epOsod who owns the hmd that is to be red and W nbc.-conducted, ;and Updated March 14 2017.Gem.Lake Consolidated Land Use Ordinance —Page 164 LA_tgpopraphiQL_mV Qf thLlubd r -tr viri aafi inch equals 100 feet,and showing Ihe grQund v�d h oamntoursfbgt int 2s: ne s o ■ r .. . alteration1. ■ _ . . 1 ■ .91MOMW4 .. •- MI ifif"STIET. - ■ l ell • c. A re -grog_ drau�ge atd flan 'niari,�}riarP. B s atment reiati to e% j2ropogd usg of and • din 6. r ❑ he. cons ct d 27.9.1 Tr al d ibe.Remmal ThfeAold. Updated March 14. Zp17 Gem Lake Consolidated Land Use Ordinance. --Page 165 27.2.1.1 If the land alteradon results in treengnatiVal . b=nd the: =e rempml threshold ic S cdon 8 of this 1. S,12cies and S. e of nro d plan W gs, an B Coniferous tree• 1, No Itu-than 5ix j4') feet high on steep slopes. or r • • ■ IL W whichare vqtMn thirtg i ' prpposed padift5t ljn1t! e be, . 4 • h Updated March '14, 2017 Gem Lake Consolidated Land Use Ordinance — Page.166 Sec6ori 27.11 AgLeetneat to Re2lal .27.11.1 The ] a a i2mrat for my I -and olterati n s me requited to be replAced by tbe j2tovi;ions written ggKcem= or arrailMents-with the Ci f Gem Lake in such form and substance a r ved bv annliCRnt sbaU ind=nify the City against any loss cost or exl2ense, inchiding an amount as and fyr reasonablattornWe ' f qes incurred' e s of suchagreement or- ementy, -and aooroved bv_tbe-Ci_m- damaged by storm, or other acJ5 ofcature. Section 27.14 Tree Replacement 7.1 .1 RWL=entA=2 sLzU bc planted riot later than 12 months a6—ex.the date the land1 a 'o has e If the gppkant is pKeyented ni performing within this time U=j becausef unformen circumstances bgyond. e applicanes control, ester may extend the time-&:perfazmance. The 1pl2licant shaU inform the City F re wh en zU rep Incen ee h which time. theC4 ar r ha in' t the' e . Updated March.14, 2017 Gem Lake Consolidated Land Use Ordinance - Page 167 OWN Updated March.14, 2017 Gent Lake Consolidated Land ❑se .Ordinance — Page. 168 thase PrI art. f this erdirraaee section as if-fally mmaiujng� after final d ation of the b theci n shall be re r t er dais of the cpijticil's decision. 28A.2 31c City Planhu shall 12rornpLtly Eg3jM- ihe aupic-ation for completeness aaj&ugmQ�� . Tf t . he city plg�gg. of ■ E - dW. The City shafl have 30 ■ ■ Ei E ■ • toadd-Eup-Plementagg the ayadabijijy of the EAW arLja-date- 1■ - - R the Planiiing Cgmtriisaipm—wilLconsiderthe it s 1 - . ■ j2roj&M oym-ers. ydthin at least spven hundred and fifty-CZ50) feet of the bgunda6e.q pf the VrQDertv which is -the Updated March 14, 2017 Gem .Lake Consolidated .Land. Use Ordinance - Page 16..9 of U be mded at midmu-into of the Plannin Commission meeLg during which e EAW . ❑ side , FOure cifa 12rQp= ownero '= kall . mot inv • ate an such r ceedin s on the. RW Qx the underl `hg land -use r 1. 28.4:4 The Qy�rkr Shall also send the iges,co�ies and otherma rerluired by.Mngl R. 4410 1500 within five days ofhe plAnner's approval 28.4.5 eand-collect n comments o W ed du ' VfI xmew- and cornmemt period. h n and cicouncila k u W during 0= i modd-gd that:notkecommenuime is. ail d to the. j2ropas-",at le ten 14 dgs l2rigr t date theconunissign or conuftent Updated March.14 2017 Gem. Lake. Cansalidaied.Land Use: Ordinance Page 170 SECTION 29m ADOPTION. AND ENACTMENT Sectifln,1 The Ordinance changes. contained herein.w.ill, 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 Hate below, Section 2§ .22.2 The Legend of this. Ordinanceshall be updated to reflect the date and changes made. Section.`2§ 21.3. This drdinarice, p;&Aously identified as Ordinance No. 431 shall now be known as City of. Gem Lake. Como ted n . U Ordinance N&. 43, -which replaces and .supersedes.all previous versions of same.. Section 95 22:4 Tliis City of Gera LakeCons i to Land s N&,,-43� was unanimously adopted with amendments defined in Ordinance No. 43I by the City .Council of the City o£ Gem Lake on the 1Gth day of January in the year 2007 and. ordered summary publication in the City's official newspaper. CITY OF GEM: LAKE Bob Uzpgn Robert Uzpen Pa LSE Updated-14-1( B A Updated March 14, JOJ7 Gem Lake Consolidated Land Use Ordinance. — Page:171 CITY OF GEM LAKE CONSOLIDATED LAND USE ORD1NACE APPENDIX `A' Cosasolidatedl Combined Def nitiolis --- varioHs ordinarsces & sec0ft-r 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 plansupplied in accordance with Section 919 of this Ordinance: Note - No Conditional Uses or Variances may be requested to .use: this approval process.. ACCESSORY USE Olt STR cTURE A use or structure or portion of a.:structure subordinate to and .serviiig the principal use or structure on the same lot and: customarily.incidental. thereto. ALLEY -.A public right. -off -way which affords a secondary means of access to.abuttipgthe propexty.. ALTERATION OR ALTER - Wien used in connection Wi i public waters or wetlands;. is any activity that will change dr. diminish the course,.current or cross-section of public waters Or Wetlandg. ANIMAL HUSBANDRY - A use in which aniriials:are reared or kept'li -order to. sell, consume oz donate the animals or their products, such as meat, fur or eggs. ANTENNA - A device used. to transmit and/or receive: telecommu . ications, television or radio signals. which is located onthe exterior of or outside: of any building- or stmctu te: Suchantennas include; lout are'i aC;linaited to, broadcast radio or television, wireless communications; cellular;F: 'ersarial coulmunieatioris; systems, -Or ay.'other dispatch type systerii; microwave or satellite , dish, short -wave receiving or AiLteur Radio tray smit�xeceive;'-ar d:orher Accessory and Secondary use antennas. ANTENNAS', ACCESSORY AND' SECONDARY:USE Radio and television receiving antennas, satellite dishes, TVR .. antennas three 3 mefers or less•i.n.:diameter 'sl ort wave ra. o: receiving antennas, those antennas necessary' for. the operation of a bedera]lylicerised Aziiateux Radio station, and`:towers�antennas:,Eor`xadio systems operated by the.City of Gem Lake. APARTMENT/ d6ND OMINiUM. - A.;structure.:with more than two dwellingunits on a. single lot: Note - This. is Building Template 9 for tlie.GateiWay District. APPLICANT - The owner of land, or the owner of a. leasehold interest therein, or the owner's: authorized representative, or a governmental Cndty proposing an action pr:dcveloDment 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 thus. 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.pl'an..ts or aquatic.:animals are cultured or grown in a body of water in order to sell; consume.ar donate them or the products they. produce. ARCADE Continuous; occupied cover (such as a balcony) over the entrance or entrances to a building. Updated March.21, 2017 Appendix `A' Gem Lake.Cansolldaled Land Use Ordinance. Definitions Page 1 AUTO ORIENTED LAYOUT -..Alternative layout standard fvz Single -Use Buildings. and Rctail/Of�ce Buildings designed and intended: for occupancy byautornotive.s.ervice business using drive rthru bays, service. bays, or a C. o. mbination thereof. Note - This is. Bui.lding:Template 15 for the. Gateway District. BASEMENT - That portion. of a buildingthat 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.').feet in height with the bottom: of the window not less than one (V) foot .above ground level before that basemcnt.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 but at flint point without use of stairs, ramps, lifts and .the like. BASEMENT, WALK UP - A basement which has an exterior exit via a stairwell or tamp. Some designs cover the stairwell with angled basement doors to. prevent raiAwater from accumulating in the stairwell. BED .AND BREAKFAST (B & B) - A. residential building m other than. a'otel 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 eight (8) persons. BEST MANAGEMENT PRACTICES (BMPs)Techniques proven to be.:effective in canttolluzg runoff, ezosion and sedimentation in those documented in the MVJnhesota Cpristruction SH6 Erosion and Sediment Control- Planting HandbookWSR, 1988}; Protecting' Water; Quality in biban Aieas''(IvIPCA, 2DOD}the 1Vlirtnesata Urban Small .sites Blvfp Manual (Metropolitan Council,2fla;1 ; Minriesata Starmwater;lVlanual [MPCA : 2005); and other sources as approved by the VLAWMO: as:.such documents maybe a..mendedl:revised or supplemented.. ....:...::.... BIOENGINEERING - The; use o£ live glad gs..'W ns.tructed`features to. stabilize. stxeambariks and shorelines. BLADE DIAMETER. - The diameter of the. cliae.created by`the tips of the turbine blades -when a'WECS is in operation.. BOARDING HOUSE;.=.;A.residential.ba.ding other than a motel or. hotel where, for ,compensation. and by pre-azrangement for definite. periods not. Mess: than one tivicek? ine as or lodgings are provided for tFsrce (3) or more persons, but not to exceed eight (8) persons. BUILDABLE AREA A contigut?us..area' of real. property within..a lot deemed. suitable by best. engineering practices for construction.of a principaruse structU±C. V th.rto 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 wb.en said structures. are. divided by party' as without openings, each portion a f.such building.so separated:shall.he deemed.aseparate building. BUILDING, 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. Updated March 21, .2017 Appendix `A' Gem Lake Consolidated Land Use Ordinance Definitions Page 2 BUILDING, LINER - A building that conceals from. street view a Single Use Building for which it is impractical to design oust .or a. parking garage: Liners may have.retail'or ofitee uses on the ground compliant.front of side. facades (such as a wareh floor and office and residential uses .on the upper floor, Note � This is Building Template 14a for the Gateway district. BUILDING, MIMED USE - A structure with vertical mixture.of: uses. The upper. floors maybe 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. BUILDING HEIGHT" - (see Height, Building) BUILDING LINE - tl 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 min tnum distance which all ar any part of the building is set back from the said right -of way or ordinary high water level.. BUILDING, RETAIL/OFFICE - A building designed. for occupancy by retail and office uses where the buildinf;.is intended for. subdivision into tersant spaces. with no. residential component' Note - This is Building Template 13.for the Gateway district.' BUILDING, SINGLE USE - A building designed.for occupancy by zetail siumce or off ce uses``on the.ground. floor with an optional mezzanine...May.also be used .as a template far;'placirxg a stands 4op:: :parking structure in a proposed'developrrient, Note - This is Building Template .14 for the Gateway:distriet';:.:;s;.:.... BUILDING SETBACK.- The max' um:horizontal distance betweeri`the uildisi' and t}ie of e. g ..: BUILDING TYPE.TEMPLA'I?ES - Figures Vthrougli 1:5;1[ kl e the BuildingType:Templates of the. Gateway District. These templates contain all regulatory izxft Yrtsation-90,6. ng the dur ensions of lots and the dimensions, setbacks,. height, placement . :. and use of buildings in the,Gateway District..,.T1ie Tenns:and concepts used with the Building Templates. are further defined Sect %5.2 of the Gatevvay::Dis riat,sectiori of tl <e' City of':Gein Lake'Zomng Ordinance. BUNGALOW 166URT - Four or m.ore;smailet standalone homes around a shared.central court or walk on -a single lot, with pedestrian access toile street: Note � T1iis is Buildiniz.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 114 i g one or more sides open.. CHANGEABLE. COPY- The letters, symbols,. logos or other graphics which makeup a sign's communicative message, if they are placed on the sign by eleGtroriic. or electrical..means (a message center or dynamic .display) .or which can be replaced manually through use of letters and..syrnbols 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. Updated Uarch 21, 2017 ,4ppendix ,4' Gem .Cake Consolidated Laud Use Ordinance Definitions Page 3 CITY.F.ORESTER - A forester appoirnted:by the City of GennLake. NCIeVigIhCboSrPlApoCdE�,�aArkNs, Iu?s,Ie�dTEtoIGdHef'iBriOe;rRhHe o�pGerii].s. pPaAceRsK,'pSr}e::=se=eas; u:ateag'P : p eCwynd:5ath . .aq. parks:and gathervn s aces which need to..: e e ..;_ e . in the�Gateway:laistrn�t�[a�zl 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:cotnmuntty use, establishing a sense of community among owners/residents and reducing the.cost and impact of infrastructure development and: service delivery. COLDFRAME An unheated outdoor structure with. a:frame of wood or. si n lar material and a top of glass. or Clear plastic, used:for pxotecting..seedlings.and plants from the cold.. COLLAR BUILDING - Structures. accompanying a. commercial. iise'u7ith large.'parkiug requirements, intended to maintain storefronts and entrances on the public. street. This is Building Template 14b for the Gateway district: COMMERCIAL BROADCAST :SERVICES - Licensed commercial radio :or television; services. transAlIttl1q. signals for reception by the general public. COMMERCIALL WIRELESS TELF—COMM telecommunications .services including .cellular, per enhanced specialized mobilized radio (ESMR),.pagin COMMUNITY GARDEN - fo.od crops for personal or grc cultivation by one or more indi maintained and used by group C0NIFER0USIEVEAC trunk,: fully bran ed to the may JNICATIONS ' SERVICES - Licensed commercial lvircless nal'`.cou�nunicador s:'-:services (pCS), specialized mobile radio (SMR), and 8i±n l r:: services. that are,marketed to. the general public: gedand rna iritained'liy a. group of individuals to grow plants and harvest or donation; Cotrunurrity"gardens may be divided into separate plots for led.collec i ely by members of the group, an&may include. common areas TREE''= A woad last which, at maturity, is 'at least thirty t3�'} .feet in height, with a single Yp ).und )sa�riri� folia�e on. die. out eririost portion of the branches year round. CONSTRTJCTTON ACTIVITY - I]isturl:anee to tle'land that results in a change in; the.topograplay, existing soil covet (both. vegetative and non -vegetative},, or the existirig'soA topography that rriay xesult in accelerated stormwater runoff, leading to soil. erosion and.the movement.of: sediment into surface waters or drainage systems. CONTIGUOUS.= tlreas of real propety`a tually 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.cotr mon ownership. The routing of a driveway. through a parcel of real property shall notbe. considered as separating same so as to make the_portions created by the. driveway not contiguous. CONDOMINIUM, RESIDENTIAL - the absolute ownership of an apartrrmnt or a.xesidential unit (generally in. a rriultiunit building) based on a legal descrip..tion of the .airspace.of fhe unit actually occupies, plus an undivided interest in the ownership of the common elements, which are joined with the other condominium unit'&%ivoers. all as provided uy state law. Updated March 21, :2017 . Appendix `H' Gem Lake Consolidated Land Use Ordinance Definitions 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 inthe ownership of the common elements, .which axe joined with the other office condominium unit owners ali.as.ptovided by state. law.. CRITICAL. RO OT ZONE = An .area under a. tree equal to one. and one-half (1'6 ").. feet .o f radius for every one (I ") inch of tree diameter (e.g A 20"'tree.has a critical.root.zone of 30' radius of 60' diameter). DEAD STORAGE -The permanent pool voluble 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 tcusik, un-branched for several feet above the ground, having a defined crown which loses leaves an DETACHED HOUSE, SINGLE FAMILY - One dwelling on one lot'detached from other adjoining lots, Note -This is Building Template G for the.Gateway District DETENTION BASIN - Any natural or manmade depression far; fhe temporary stoxage. of xunaff.. DEVELOPMENT - The construction of any public improvement ptaject, infrastt�cture'.structure; street; or road, or the: subdivision of land. DEWATERING - The removal of water for: construction a� DRAIN OR IIRAINA:GE' 'A ethad'foviernoving'`or_ C ditch, installation:;of subswface drainage tilej :fling, dildng or s i irslied :lou`Elie aptiliciihff6p .."pxoject:thhat t. to describe the development that from waterbodies, including excavation of an. open DWELLING- A b�iilding or one (1) or iiioxe portiozns: thereof occupied or intended to 1?e occupied. exclusively for residential purposes by a person, 13ui :aot including .ro>7ms .in motels, hotels, nursing: homes, boarding houses, nor trailers,: tents, cabins, motor homes. or trailer .coaches, DWELLING, ATTACHED - A'drve7lisig whiich is joined to another. dwelling. DWELLING,: DETACHED. -.A dwelling which is entirely surrounded by.open space on the same lot, (See also; De#ached Horne, Single Fawiyl ) DYNAMIC DISPLAY- Any characteristics of a sign that appear to have :movement or that appear to change, caused by any method. other than physicallyremoving and replacing the sign or its components., whether the apparent movement or change is. in the display, the sign structuitself, or any .other component:of .the design. This includes a display that incor re. porates 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 light -emitting diode (LED.) displays, plasina.display..s, liquid -crystal displays (LCD) or other technology used in commercially availablevideo monitors. EASEMENT.- A grant by an.owner.of land for the use of that land:.or a specific portion thereof fora specific`lirnited purpose by a person -or persons. The purpose generally shall be for public utility facilities such as underground uriiities, including but not limited ta:sanitary sewers,: water mains, electric lines., telephone lines., sto:mn 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 otYienvise reserved for setbacks or pulilic :riglit;6f way. Perrriitted'.' croachments. are indicated on the Building Type. Templates. ENERGY DISSIPATION -Methods employed. at pipe outlets tcj preverit.erosion ineluding:butnot.limited to concrete aprons, ripzap, splasli guards, and gab oris. EROSION AND SEDIMENT' CONTROL,PLAN - A plan .of SMT's or"equivalent ineasures that includes all proposed alterations to.real property. and. the methods to:6e etnplvye8 before undertaking the proposed.alterations to. control runoff and erosion.and to retain or control sediment on land diaiing'tl e.penod of land:,: sturbing activities. ESSENTIAL SERVICES - The of: underground or overhead telel cellular and PCS transmission f rec ESSENTIAL SERVICE .ST.RUCT substations, wells, puzripig: stations a EXCAVATIC]Itii:;The artificial EXTRAORDINAIRY h ANA to control erosion and sedLent Management Practices.. FAMILY An individual, ortwo housekeeping.uait; or a group of l kitchen facilities. construction;;alteration`p.X.; ixltenance::of.puhlicutilities or municipal. departments %::electrical, coriiinuxucatioia;`crater:,:arid/"'ar sewer. Radio and television broadcast, ipott. structures siallnot lie constdered.an. essential. service. rStructures including; b t not limited to, buildings such as telephone exchanges, vated'tiariks: .:.. s.osl of other.earth material. ENT.: PRACTICES. OR REDUNDANT BMP - A .stormwater management practice: and ndtis t loading during and for two (2):years.4fter. construction using redundant Best moXepersons each related: by blood, marriage or adoption, living together :as .a. single sons not sorelated, maiutaining.a common household. and using common :cooking and. FAMILY DAY CAKE HOME.- a.. residence or portion of a residence licensed by the Department of I-luman.Semces under chapter 9502 for.no. more than'ten children atone time of which no more than -six are under: school age,. and must meet Gtoup IR, Division 3 occupancy requirements. care to 11..ovfewer.:cl�ildzeri;. n:.order to =tlic:absence :ofa'parez}t.for s period of Updated March 21, 2017 appendix. R' tern Lake Consolidated -Land Use Ordinance Definitions. Page 6 FILL - The deposit -of soil or other earth material. by artificial means. FIL-rRATI.ON PRACTICE -.A storrawater control that captures, temporarily :stores, and routes: stormwater runoff through a filter bed to improve water quality, as described -in the Minnesota.Stormwater Manual, 2005and:as amended,. FINAL PLAT AND MASTER PLAN SUBMISSION.- The development data re-submittedto the City after thc'Prelimznary Plan. for a project to be. approved by the City. It should contain the Final 5ubdivision Plat and the Final Master Plan for the project with all changes and other data requested thru the Pre lisnivaryPlan procedure.. FINAL.STARILIZATION -. means that either: a) All soil disturbing activities at the site have been:completed and a uniform (eg., evenly distributed, viithout large bare areas} perennial vegetative cover with a density off 70% of the native. background vegetative. cover' far the large area has been established. on all unpaved areas and areas not coveted.- T permanent structures,. or equivalent permanent stabilization measures (such as the use.of rip -rap, gabions, or geofextiies) have. been employed; or b).Fot individual.lots.in residential constriction by either: . [i} The homrbuilder completing final stabilizat or as'specified above; ox. (ii) The.homebuilder.establishing tempora y'jj. g?.iliiation including per"'. i6r controls fot an individual lot prior occupation of the home by the homeowr er and informing the homeovizer,of the need for, and benefits of, final stabilization. c) For construction projects. on..land used for agricultural` pu pa stabilization maybe accomplished by reti rr ing the disturbed lan to that were not previouslyused for agricultural:actiyities, such as 1 ud drainage systems,.and areas. which :are not hieing returned to their. stabilization criteria in (a) or (b) above. FLO.ODPLAIN - The area adjacei ['to a 1 iterbody that is nunda FLOOR AREA - The sum of thegross horizontal.areas of`;fh meaaaru s, . basements ; and .attached accessory: bu>Idirigs, but .no storage, fttting.rooia s„stairs, escalators, unenclasedporches, detach udlity.rooms, in cle aff street.parmng or loading space. IVleasure x� (e.g., pipelines across ;stop or range land) final preconstruction agricultural use. Areas disturbed trips immediately adjacent to surface waters; find :onstruction. agricultural.use must meet the final flood. several floors of a building including interiot balconies., =opting that area.:primarily devoted to window display,: iacces.sory buildings :utilized: for dead storage, .heating and: Ls shall be made from outside of exterio> walls. FooTPRINT,.BUILDING - The building footph t<is the.area occupied by the horizontal projection:of the building's first floor,.excluding the floor. aerea of thattachc-. decks rages and porebes and.ot built -as allowed encroachments into setbacks: FREESTANDING - Any sign: affixed in 0:upon the. -ground, supported by one or morestructural members, with air space between the: ground and the sign face; 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 - i'RWATE - 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,[)0€7) pounds. GRADING - Changing the natural or. existing topography of the land. Appendix `A' Updated March 21, 2017. Gem Lake Consolidated Land Use Ordinance. Definitiorrs Page 7 GREEN SPACE - An area. of real property on a lot wlueh is similar to Open Spaces but the.genexal intent is to promote natural areas. Green Space includes, but is not.lirtiited to, wetlands, prairies and grasslands, pastures, forests and. wooded areas, mixed Of impervious surfaces within the: landscaped areas, :or: any other naturally forest and grasslands, landscaped areas exclusive occurring laud form. GROUNDWATER RECHARGE - The. replenishmentof groundwater storage through infAttation of surface runoff into subsurface aquifers. HEIGHT, BUILDING - A distance to be`measured. fronnthe:ground level six (00") feet. from the .front door of a. structure to the highest point of the.roof, excluding chimneys,.rxieath. vanes, cupolas,: antennas and tkie like. HOBBY ACTIVITIES - Any activity orinterest pursued. for pleasure or:relikatxon and. not as a main occupation.and meeting all the following. requirements: when normally engaged in only by the;peirsois. residing in the: dwelling where the hobby is pursued; when evidence of the liobhy.is. not.visible from the street„or if; visible`is:not offensive or such to lower neighborhood prop..erty values; when pursuit of the hobby does not interfere witl enioyrnent of neigliboririg property by: its owners. HOME OCCUPATION - Any gainful occupation of n& residential nature conducted.;.entirely within the dwelling or accessory building and carried an only by the..inhabitants. and no. more .than one (1) non-resident thereof, which .use is clearly incidental and secondary to the use of the dwelling. for residential`p.p;pgseS p articles may be`sald or offered for sale except as may be produced on the:prerrtises. by rneinbers:of the immediate family residing therein. Home occupations. shall not include the repair of internal combustion eagiries (other::tl ari small.engine repair); body shops; machineshops, welding shops, contracting or landscape type businesses requiring :on site: storage of coin percial equipment or other objectionablc uses- as determined by the City Council. The home. oceupatiorishall not: beeconducted M.inore than twenty-five (25) percent of the floor area of the dwelling or four. hundred (J.00)„square feet, wliiehever`is;lem.,There. sfiall. be no outside display of goods or storage of equipment or material used in the Horne ,Dccupatioz ";:.. HOOPHOUSE - A structure round or -hoop shape. HOUSING, LIFKCYCLE. - li single farnsiy detacl ecl .housing or `co another, due.to changing needs andc meet the changing needs: of people as of PVC piping or a covered with .translucent. plastic, constructed in a half for people.:at all stages of their.lives, This housing may be owned or rented and townhouses. Most people. when..they move from :one housing type to ;`want to stay in the.sarzie: community if.passible:.Life-cycle housing needs to :s ai'circumstances .change: f`saturation, flooding or ponding.long enough during the growing HYDitIG SOILS - A soil that:< -formed under conditions o season to develop .anaerobic conditions.in:tlac upper .part IMPERVIOUS SURFACE .1ne*" a.'coristructed hard surface that tither prevents :or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an:inrxeased rate of flow than. prior to. development.: Examples. include rooftops; sidewalks, patios, driveways, parking lots, storage areas; and concrete, asphalt, or gravel roads.. INCENTIVES .-The: -City. Council -may establish incentives. which can he 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 clearly the item or items the Council seeks to encourage, theaIlowances which the Coun ..Is willing to offer applicants, and sufficient criteria to all the Zoning Administrator and the City Consultants to evaluate score applications seeking to apply for these incentives and allowances. See Section 9.2.4.for an examplc: Appendix .4' updated March 21, 20I.7 Gem Lake Consolidated Land Use Ordinance. Definitions Page. 8 INDIMUAL 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. INFILTRATION PRACTICE A stormwater retention method for the purpose of reducing the volumeof stormwater runoff by transmitting. a flow of water into the ground through the soils, as. .described in. the Minnesota Stozmwater. Manual, 2005, and as arnerided.. INFRASTRUCTURE - The system of public works for a.county, state; or Municipality including, but notlimited to, structures, roads, bridges, culverts, sidewalks; stormonter 'management: facilities, conveyance systems and pipes; pump 'stations, sanitary sewers .and interceptors, 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 fot ins truetional.purposes (example: signs. identifying the different grades of gas at a.gasaline pump), or intended to guide traMc..cntering; exiting, and traveH )r to particular locations :on the property. KENNEL,. PERSONAL Any confinement of 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 an and :iz aintairxed by the occupant of the .premises in residential districts for:.persanal us.e:only. KENNEL COMMERCIAL Any confinement or structure designed t°: contain and house mnoxe than three (3) domestic animals of various types whichis;owned by a person; groiip'ol'persons; corporation or other.legal entity who awn and/or harbor said animals in the City of Gem:Lake for Other than pe.rsonal'use::This type of,kennel relates :to land u..se matters covered by the. Zoning or Land Use Ordinance. It is defined and may' of ly be operated within `tlze' Conditional. or Iaterim Use.reguladOns Of Land Use Ordinance'of:the`C of.Gern Lake: the Zoning or L „tY. LAND. ALTERATION - Any.r+ land including a woodland, share. in:' tee. cutting or`einoval, grading; clearing, iilling.ox.other change.to anyparcel of il=barrier. witiviF`a five (5) .year period which mayinitially or cumulatively result ue�hundred (40.R) cubic yards of earth where significant trees are present; or froir the natural contour of the ground; or idred. sty (450 so square feet -of ground where. significant trees are located; or killing of trees :equal: to :or greater than twenty. (20°/a.) percent of the significant trees on any parcel:'af_land; or 3: Any cutting, xemoval.or lulling of`trees equal to or greater than twenty (20%) percent of .the significanttrees on any parcel of land; .or � 4: Any destruction or disruption of tree cover equal to or.greater than twenty-five (25 /o) percent of the.total tree coves on my parcel of land; or 5. Any changes in the Natural Barriers provided by trees or shrubs along the borders. of the City, along mriajor.roads or between differing.land uses,,or G: Any intensive vegetation clearance (clear cutting) within a shore land area or on.stecp slopes.;.or 7. Any other significant change in the.nataral character or topography of .the land. LAND DISTURBING. ACTIVITY - Any change of the land surface::to include removing vegetative cover, excavation, ED, the construction. of any structure. that: May cause or contribute to erosion or the:.;rigyement. of grading, stockpiling soil, and ( sediment. into. water bodies: The.use of land for new and continuing agricultural activities shall not constitute a. laud.. disturbing activity under these Policies. Updated March2l, 2017 Appendix !,4' Gem Lake Consolidated Land Use Crdinance.Definitians Page 9 LANDSCAPING .- Improvement and .alteratian. of exposed ground through the establishment. of lawns, gardens, planting of trees, flowers and shrubs, .grading, and. -other -such inethods,using natural materials.: LINER.BUILDING - A budding that: coaceals from street view a Single -Use. Budding for which it is impractical to design cornpliant .front of side facades (such as a viarehouse ar a:parking garage)• Liners may have. retail or office uses on the ground floor and office a.nd.residential. uses on the upper floor. NOTE- This is Building Template 14a for the Gateway district: LivFwwoRK UNIT - Integrated row house style. dwelling unit and`.gzound 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:.b a use permitted in this Ordinance. LOT OF RECORD -.Any lat:which.is one (1).unit of a plat heretofore duly approved. and filed, oz. ahe �1j unit of an.Auditor's Suhdivision.ax a RegistcxedLand.Survey, or a.parcel of land notso-platted, subdivided or xcgistered,. for wa ich a. lice(, Auditor's Subdivision arRegistered Land. been:xecordedin �e 0£fic - of the;Registex, ofDeeds or Registrar.of:Tides for Ramsey County, Minnesota; prior to:tht effective date.of this Ordinaride;An out lot is.not a Lot of'Record. LOT AREA - The area .of: a lot in a horizontal plane,bounded. by .tlxc::lot lines: LOT AREA. PER FAMILY The number of squarefeet'of:lot area requizecl 'per dwclliiig utLiC R - A. lot situated. at:.tl a 'unction of; and: abutting on. t�vo,(2) or more intersecting streets; or a lot.at the point -of LOT, CORNER ?.; deflection in alignment of a contuivaus. street;'the interior angle of:which does'not exceed one. hundred thirty-five t135} degrees; LOT DEPTH _ The mean horizontal distance en the £ront.lot line: and :the.rear'lot line of a lot. "_`"f:art ot: other ob'ect, or= rovement o f the :land an which it is IMpROyEIVIENT Ari" i?uildiizg,'structure; work o - .... , ) p LOT Yil situated: co.astito.tM9 a physical betterment of eil:pxopexty; or`any: part of such betterment. LOT LINE - A lot Brie is, the proper line boundulg`a .lot except thatwhere:any portion of a lot extends into the public -right- LOT of way3..tlie:line of siscli jiiili is ziglit-0 C'way`§Ball be the lot line for applying this Ordinance. LOT LINE, FRONT That boundary of a lot which abuts an existing or dedicated: street, road oz.private way., and in the -case of a corner lot it shall he the longest:diinension on such :a street,:road or private way: if the dimensions. of .a corr�ez'lot are equal, the. front line shall be. designated by tl e o wrier and filed with. the City. LOT LINE, REAR - That boundary of a.lot:which is. opposite the front lot line. If the.rear:iot lire is less than ten (10).feet in length, or if the lot forms a point at the -tear, the.rear lot line shallbe aline ten (10) feet in length. within the lot, parallel to, and at the -ma=urri distance from the front.lotline. .LOT LINE, SIDE - Any boundary of a lo.t.wl ich is not.a front lot line.or areas lot line.. LOT, OPEN SALES. OR RENTAL LOT - Any land used or occupied .for thepurposes . of buying, selling, or rental for use. away from the premises, any goods, materials. or t erchandise and for the storing of same in the -open prior to. sale'. rental; Updated March 21., 2017 Appendix 'A' Gem Lake Consolidated Land Use Ordinance Definftfons. Page..10 g in the open any materials, equipxnent,.vehicles:of.any kind LOT, OPEN STORAGE:- Any land used or occupied for storin. or atticles of any nature. LOT, INTERIOR - A lot, other than a.corner lbt,.including through lots. LOT, THROUGH - A lot�which has a pair of opposite lot lines abutting two (2) suhstantia]ly parallel streets, and which is. not a carrier lot.. Can a through lot, both street lines shall be front lot lines for applying this Drdinance. LOT WIDTH - The maximum horizontal distance bet wen. the. side lot lines of a lot aneasuied within the fast thirty .(30) feet If the lot is. on a cul-deor other curved roadway the lot width-shall.be of the lot depth commencing at the front lot line. measured at the front building line. .:..... MASS RATIO = When used on a Building Type Te-mplate,.the..percentages ]Wied.ift due Mass table defilesthe maximum area allowed in the horizontal projection of one floor In relation to the. area''„af'hormontd projectiori of.the. building footprint.and attached. garage. MEAN - the mid -point of two extremes. MIXED USE BUILDING - A.structure with q vextical:mixture'of.uses, The upper floors ma p;l a used of officebr residential uses and.the ground floor maybe. used fox office, or retail, NOTE - This is Building Template 12 for .the GaEeway district. BILE HOME An e of structure.or.vehicie. which: can be readihy.adapted to or does provide facilities for a. person or MO y. typ persons to eat or sheep which is mounte'd;on wheels, has`provisioris for wheeis. or: r`4y �e loaded on any ordinary flat-bed truck, sixth .as a. camper, house trailer, cin anyerted b4i, or truck, tefii or small' buildg MOTOR SERVICE STATION-A,;place where. gasoline, kerosene Or "layother inotvr.fuel -or lubricating oil or grease far. operating motor vehicles is Offered .'for'sale. to tlie.`public. and do yeries are made directly.into motor vehicles: ted Stormwate r Assoc iated PERMIT-;Gerieral;Permit Authoruation to Discharge MPCA GENERAL;` CONSTRUCTION ........ With Construct ori'Activity Under the National Pollutant Dischafge Elimination System�State L]isposal Systeri� Permit.Pxogram Prrmi# 1vIN R10000I �NPDES General';Corfstruction Permit) issued by the Minnesota Pollutant Control. Agency, August 1, 2008,:and as amended:'';'::::;. MURAL - A picture on the exterior surface of'a structure. A.rnural.is.nrily a, sign for purposes of these regulations if it is.related by language, logo or pictorial depic[ion to tl e'advertisement of any product or service .or the identificativn.of any business. NATIONAL POLLUTANT DIs.CTiARGE ELIMINATION SYSTEM (NPDES) - means: the program for 'issuing,. .modifying, revoking, reissuing, terminating, monitoring, and enforcing prriits.under. the Clean Water Act (sections 301; 318, ex Regulations Tide'33, Sections 13.17, 1328,.1342, and 1345 and -Minnesota Rule 442, and 445) and. United States Code, of Federal Chapter 7090. NATURAL BARRIER - Screening provided by a tree or shxabbery barrier that acts as a visual or noise.batrier. fioin 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 Woodland, the Natural Barrier shall. be considered the firsuthirty (30') feet of the Woodland. Appendix A' Updated Mapch:21, 2017 Gem Lake. Consolidated Land Use.Ordinance Definitions Page .11 NQIVP.QINT SOURCE -Nutrient and pollution sources nflt discharged from a single point e.g. runa£f from agricultural Etclds, feedlots ot.urban landscapes. NON -DEGRADATION. - Section:3D3 (Tide33' of United States Code LJ.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. widen the applicable jurisdictions to maintain thew chemical, physical and:biologic9iritegrity. No signlficant:increase in. stoxmwater runoff or pollutant. loads fxam 2Rp5J20�G numerical standards is permitted. NORMAL WATER LEVEL Fox: a reservoir with a fixed overflow, means the lowest crest level of that :overflow. For. a wholly or:partly by movable gates, siphons. or other means, i0s the maxitnurn level to reservoir whose outflour is controlled which water may rise under normal operating conditions, exclusive of any provision for. flood surcharge..1~ar a dosed depression wetland,. it is .the maximum levelto which the water may rise under normal precipitation conditions exclusive -of any provision for flood surcharge, NOXIOUS MATERIAL(S) - Material capable of causing irtjury to.:. Mg 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 stozmwater runoff... rom urban development. OFFICES -Structures, or..portions of structcres; mi.-which.cariiiriercial activities take place .but where. goods are not produced, sold or repaired. These..include:.Banks,.general offices, governmental offices;.:; .surance offices, real, estate offices., travelagency or transportation ticket. offices; telephone exchange;,uriiiry .office; professional offices .and siiniiar:uses which are operated by the owner or his tenants. OFFICE, SHOWROOM - A.building in.wluch at least:.oven typercent'of:.the floor space is devoted. to office.actvities, the remainder being us.ed:fox either display;, storage; or research andIcst nE. ORI7iNARY HIGH`WATER LEVEL as:,define d btthe.Minn.esota Department of hlam. m Resources, means th&bound ary of water basins, watercourses; public waters; acid public waters wetlands, and: 1:.The ordinary high' water level is ii. elevation delineating. the highest water level that has been :maintained for a sufficient period of ti-ne Ab..Ieave eevidence upon the landscape, commonly the point where the natural vegetation changes from predomivana::: aq►z¢tIc`to predominantly terrestrial; 2: For watercourses, the ordirhigh water level is the a . 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. QU'TLOT -:a lot. or .parcel of land created by subdivision, butnot for construction, intended for transfer of ownership, dedication. or for use asa prIvate right of way. An out 'lot can lie designated .non -buildable or buildable. if replatted in full ements of this and the Subdivision ordinance. without the use. of a.v..ariance. compliance with all the. requir OWNER - Any individual, firm, association, syndicate, co -partnership, corporation, trust or any other legal entity having sufficient proprietary interest in. the land undcz%this :Ordinance, Updated March 21, 2.017 Appendix ,A Gem Lake Consolidated Land Use Ordinance Deftnifions Page 12 PARKS AND PLAYGROUNDS -.Public land and open spaces inthe.City of Gem Lake dedicated of reserved for recreational purposes. PARTIAL DEVELOPMENT PLAN - A plan provided with an application forbuilding permit to materially alter or expand .an existing legally conforming structure ari6in the Gateway District.. This plan shall be submitted: to. the .Zoning.Adrainistrator, and .contain all or part of the.data requested in Secdoii.9.8. It may be given an Admiriistiative Approval if it does not need. any Conditional Uses: ox Variances:. PASTURE. - An area Or portion of a single parcel of real property upon. winch agricultural attimals are allowed. -to range and. graze and which is suitably `fenced.:to. contain such animals. PATIO - a. paved outdoor area.. PEDESTRIAN. WAY - A publicright-of-way or private .ME pedestrians that may be used fox the iristallation:of utility lines: PERSON - Any individual, firm, association, syndicate, or PERFORMANCE BOND - A bond with good and sufficient upon -satisfactory implementation: of an approved p.lan:and which PERFORMANCE STANDARD. - Qualitative .or'quantitati' safety and welfare such things as noise., odor,. toxic or .noxto generated or inherent in particular.or;ordinary uses of.larid;.or: esialilishedto control.for the benefit of public health, vibration :fire and .explosive .hazards, or.glaxe or heat PLANNING COMMISSION`- A,panel.of persons appoir tccl! y:tlie Mayor ai tl�City Council of the City of Gein Lake charged with reviewing all matters related': to. land use°: developmenti' within the City;. reviewing, modifying and developing the ch; local controls as. may beriecessary to achieve the goals: of the Comprehensive Municip Comprehensive Municipal Plan and sual plan; and making... xecommehda Qns to tlie`.Ciry. Council:as, do approval and adoptiiori of :suchmattexs.. -.,. ;:.:::;:;:; ,>...::.....;:::.::,.::::-:.:;•..:::::::::::::<.:::.:::.::..... .::.:. .:sin d .whtch:'is:::develo .. edas a::uxut.::under;;:..,... gle;::or`, u .,, ie. . �I'LANNE) 3 UNIT DEVELOPMENT (PUD) A tract .of.,lan P owrexshp°;control andw3uch includes:tvvo,vx.invre:buildings.grauped. or clustesed:iri.arid around a common open space area an aceaxdance'wrth a';pre-arranged site plan':�.si6l PRE -DEVELOPMENT CONDITION ;The land. use on:a site that exists immediately prior :to a proposed alteration: All p.re-development Runoff Curve Numbers mustreference. the .M'innesota.Hydrolugy.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 ❑f its details is used to identify .exactly what will be done in this development, It is submitted to the Zoning Adn='strator who. distributes .it to the patties who will be. reviewing this document. PRESERVATION AREA - A delineated area which designates trees. and vegetation whkh: will be preserved during the construction and land alteration process. PRIVATE CHILD .CARE AND. EDUCATION FACILITIES..- Child. Care..Facilitiescurrently licensed by :thc. State of Minnesota and Educational Facilities with: a).An enrollment withi an age not to exceed twelve (12) years: App2ndix. '�i ' Updated March Z1; 20I7 Gem Lake ConsolidededLand Use ordinance Definitions Page. 13 b) A total enrollment of not less than twenty-five (25) nor more than one -hundred fifty (l50); c) A maximum:of one -hundred twenty (120) "full -day equivalent?' students with a full -day' defined as ten (10) hours. *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, which is.120 students tizzies 1.0 hours. PROJECTING: SIGN - A sign whichprojects from and is supported by a wall; parapet; arcade or gallery, of a building with the display surface of the. sign perpendicular to or approximatelypexpendiculu'to. the. wall. PUBLIC FACILITIES - Parks, playgrounds and similar uses owned and operated by the City of Gem Lake; at, libraries and other City of Gem Lake.owned facilities.. PUBLIC IMPROVEMENT - Any drainage ditch, roadway, patkway, sidewalk; pedestrian way, ttee, lawn, off-street parking area, lot improvement. or other facility for which the City of Gera Lake does or may ultimately assume responsibility for maintenance and operation, or that niay affect. an improvement for wbi l local government responsibility is established. PUBLIC UTILITY _ Persons,: corporations, or governments` jdpplying gas, electric :transportation, w°atcr, sewer; data, or telephone services to the general public. For the purposes.of'tivs Ordinance, commercial:broadcast services and epmmercial wireless telecommunications services shall not be considered public utility. uses and are defined separately. PUBLIC WATERS - Any waters as defined' Mjfinesota Statutes, section 103G:0.05, subdivision 15. RECREATIONAL -EQUIPMENT (RESIDENT;SAL)'-`Playapparatus.such`: as swing. sets and slides, sand.baaes, pales for net games; unoccupied boats and trailers, picnic tables, Lawn chairsarbecue. starias; and similar equipment.. street .or rsZt . re air : or alteration: Ulf CC, road or ry REDEVELOPMENT - The rebuilding,. p _,.,, RETENTION - The:prevcririgri;of directdiscliaxge of stormwater:runoff into receiving vc�atex; examples include systems which discharge:.througl. percolation, exf�l#rativri, and evaporation processes and which generally have.residcnce times less: than three days. RUNOFF -. Rainfall, saowmelt or: irrigation water flowing over .the ground surface.. SKETCH. PLAN - An :inforriaal.plan thatis used as the faxst step..for a,prapnsal fox developing of larid:ateas in tlie.. Gatetivay District of :the. City of Gem. Lake, See Section 9.7.1, Step.Na. 1 for details: SEDIMENT - The:solzd.mineral or. organic:. material that. :is in.. suspension, is being transported, or has been. moved from its original.location by erosion and has been deposited at another location. SEDIMENTATION - The processor action of depositing sediment. ,lppendix !A Updated March ZI, 2417 Gem Lake.. Consolidated Land.Use Ordinance Deftnfiions Page 14 SETBACK - The distarice.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 sty (250 s-f ft�j square. feet in total area. A shed -shall be considered an Accessory Structure. SHED - A structure on a property that>is not a primary building nor a structure intended to house parked cats or Creeks, Generally a smaller building intended. for the storage of home maintenance equipment and other personal belongings: When allowed, a shed with a £ootpxint.of 200 square feet or less. may be built and maintained without a permit from the :City.. SHORE .LAND - That area surrounding Gem Lake:br any other recognized. wetland and extendinghorizontally seventy-five ( .51) feet baek from the mean high water line. SHORELINE- The ordinary water lei�el of the body of water known as; G' , Lake and -any. lake, pond, or flowage in the City of Gem Lake as determined by a federal,. state; regional or local xegulatpry. a&ncyw th the.authority to make such determinations., along with all wetlands attendant .to each body of water. SIGHT TRIANGLE - A. triangle bed }ng at the corner of.tWo Ritersecting street rights-vf;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: d'e `rice, or. .structure supporting. the same, or any othex device of similar nature. designed to attract- attention -outdoors, and. shall zuclude all parts ,.Portions, units arid. materials composing the same, together with the frame; background, and si'ppo ts`,vr agchoring thereof. A Sign -shall not include any architectural or landscape.features that may also attract attention.. includiii' 'nvri-structural'triu<exclusive of the suppoxtirig structure.. 5IGItil FACE - An exterior .display;surface of`asign g . SIGNIFICANT TREE -:,A. healthy dec:iduous'.;tree:ineasuring ergk t (8 .} inches or greater in:diameter, at a point our and one half feet. above grade; Ora `bealtl3y coniferous ;tree measuring` ten [1'�')<:feet.in height or greater. SINGLE FAMILYDETACHED HOUSE - Oi e.,dwelling on.one lot, detached from other adjoining.lots,.Building.Template G for the. Gateway District SINGLE USE.BLTILDING< : A building designed for occupancy by retail, service or office uses.n, othe ground floor with.an• optional mezzanine. May also be used as a. template for placing a standalone:parking structure ill a proposed development. This is Building Template 14 for the Gatieway 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; floodpla.ins, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services landscaping, stzuctures and signs, lighting and screeningdevices and other isiforniation that reasonably may be required in. order that at informed decision can be made by the approving authority: SKETCH PLAN - An infortnal. 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 filuation,.:and includes trenches., seepage beds, drain fields,. at -grade systems, and mound. systems. Updated March 21, 2017 Appiandfx if Gerri Lake .Consolidated Land Use Ordinance Definition; Page 15 STABILIZED - Exposed soil.is considered to be stabilizedwhen it has been.adequately covered through temporary measures e: control blanket, or other material that prevents erosion firorr�.. occurring}, or permanent mulch, staked sod., riprap, erosion g. vegetation has. been -established over 70% of the surface. STABLE, PERSONAL - Any confinement or structure designed to contain. and Houseup 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 ordiriance.which is owned by a person, group of.persons., corporation or. other legal entity wha own and/orharborsaid 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 ma only be opekated within the Conditional of Interim Use regulations of the Zoning or Land Use. Ordinance of::the::Ciry of Gem Lake. STEEP SLOPES -.A slope with:greater than athirty-three (33°/a}.percent change. i4 elevation oz a 3:.1 grade �3 parts. horizontal to 1. part verticat). STORMWATER FACILITY — Any facility including retention and detention ponds, wetlands, reservoirs ; impoundments, infiltration practices; filtradon.practices, conveyance systems, and connectLnginfrastructurc that:aze constructed for or serve the Purpose: of stormwater management. TER POLLUTION PREVENTION TLAN (SWPPP)':-A site=specific; written document -that- identifies STORNiWA potential sources of stormwater pollution at the i viistriictiori::.site; describes ;:practices to reduce pollutants in stoiinwater discharges from the construction site; and identifies pocedures`::he opera tior'wilt implement to comply with the terms and conditions of a construction generai-pe> nit:, STREET - A public or private Abutting property. STREET, CO STREET, CUL D: vehicle with a. radius STREET WIDTH - The A local..stceet or less than.one=hung STRUCTURE - Anythmg.const having a locations on the .ground, fences. ,t<let§ than forty.:{4D} fe.et.in width which affords. a primarymeans 'of access to to thoroughfares. right. -of -way with only one outlet and. providing an area fox turning a ty..: (120) . feet. t distance .b"etween the lines delineating the right-of-way .of a s treet or private way: ucted or ei eeted, the use of which: requires a location on the ground, or.attached to .sorxiething nduding`but,,vithout limiting the generality of the foregoing. advertising signs, billboards, or STRUCTURAL ALTERATION - Any change, other than incidental repaits,:wluch would piolong.the life of die. supporting members of a building, such as beating }vans; columns,:beams, girders or foundations. STRUCTURE,: NON -CONFORMING. Any structure which is Iegally 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. SUBDMSION - The division of an. area, parcel, or tract ofland into two (.2) or.rnorelots.or pastels, for the.putpose of transfer. require the creation .of streets and'.roads, except for those resulting from court of ownership. or buildirng developmeztt that will Updated March 21, 20I7 Appendix A.' Gem Lake Consolidwed Land Use Ordinance.Defnidons Page 16 orders, or the adjustmentof lot lines by the relocation .of a common boundary. The term includes. re -subdivision and when appropriate to the context, shall relate to the.pracess of sub -dividing or to the land subdivided. Si3BWATER5HED - A portion of land. contributing.runoff to a particular point. of discharge.. 5C3SZO1VE5 -The Gateway District is composed of Four subzones. The.Gateway District Sub -Zone Map.:zdentifes these subzo.nes and where they are located. SURFACE WATER - All streams, lakes, ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems; waterways, watercourses; and 'irrigation systemswhether natural -or artificial, public or private: TANGENT - A straight line that is.Perpendicular. to the radius of a curve .:at:1 e_:point where the line.rrieets the curve. rr>~rurnnu nRV GT(`�N A sign which is installed for a.period not to d slimy (0) days, not illunvhated, and. not:installed TOTAL EXTENDED. HEIGHT'.;; ..Th6:..3 ighest point i erl, a tip of the turbine.blada. at its highest point of'':tiiavel}: TOTAL MAXIMUM DAILY LOAD.., Total improve water quatty by cantrollsng the :amount of a pollutant the tallest part of the WECS (e.g. the n Daily Load; or. TMDL, is a regulation designed to a water body. e.includin ...-...... TOWER OR ANTENNA SUPPORT: STRUCTURE - Any rEiast;. pale.spire,.Iattice structure or similar structure g any lines, cables,. wires: or braces. supporting the. structure intended for the purpose of mounting an antenna; meteorological device or. similar appacatius above grade.`Towers may;`be. ground or roof rnouhted. The term "towed' :includes any antenna attached to the tower. TOWNHOME - townhome.is"a single=family dwellin unit constructed. in a group of three or trioie attached dwelling units in which each unit extends from founaa ori.fo roof and with open space. on at least two sides not more than three stories in. height with a separate means of ingress and: egress: ..-..A::.1..: ... dal or. O WNHOME/ROWHOUS E :.An uiclxvrduat..s.tructure:gna pax�el;wsth a xear:Y?sd;and ul :° ua garage access'froin an -alley, occupied by :one pxirriary restdence in an array of at least three suli structures :side-by=sidealong.the cbriircivr%: fxQntage Note;-'`I'liss:'BuiditigTer:iplate:8:foz:the:Gatieway:District. sib] Updated March 21, 2017 Appendix. ,A., Gen.? Lake Consolidated Laird Use Ordinance Definitions Page .1.7 TW.INHOUSE-.A structure with two dwelling units sharing.a. cu=mQu 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 cx-pected development. USE-- The -Purpose or activity for which the land.,structure, or building thereon is designed, arranged, or intended,.or for which it'is occupied or maintained and shall include the performance of such activity as defined by the performance standards of this Ordinance. 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, bec4w.eof its unique charactettssics; cannot be properly elassificd as a permitted use iri a particular district. This includes those aceupatois, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning district; which for the:respective conductor performance in such designated districts may require: reasonable; but special, unusual, or extraordinary li;nitatians peculiar to the. use and for the protection, promotion, and preservation of the general public welfare,;health ?arid`safety.as well'as:the integrity -of -the City's Comprehensive Municipal Plan. Consideration of eacli:case of Conditional Use sl ail:be givesi to impacf.o£,such use on neighboring real property and of the public need for the paxticiilarconditional, use "': at.. the particular location. USE; INTERIM - a time limited nse that is personal to the:'user.. ox...occupant and whicki .;does. not run with the land, Consideration of each case of Conditional Use..shaLbe given to impact o`.su public need for the:partici.ilar conditionaluse attl e_part cular location. USE, NONCONFORMING - A use. of land, buildirigs;ot structures: lawfully which does not Comply with all the.xegulations of this.C7rii nancc. orauyuse of to the adoption of an amendment t Iicl viould not comply:.urith all: gf::tiie regi use on neighboring -real property and of the at the time of adoption of this Ordinance gilding or structure .lawfully existing. prior VILLA- A building.which contains a row of tWb (2), ffitee (3) or four (4) single-family attached dwellings, each eeing.connectea to.the:adjaining units in each star..`b walls tl at`are fire -rated and ate without.openings. Each unit shall have independent access to the exterior.of the building, in tl e'g auvd: story, and each unit.is.located on -a separate lot. Each common wall: shall serve as a common/zero lot:line. VEHICLE, COMMERCIAL VEHICLE - A motor vehicle. dig one and one-half ton or equivalent:in load capacity. ox 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 wliich is either: abandoned, wrecked, partially tli.smanded Or legally inoperative, or which is not currently licensed :for operation. within the State. Of. Minnesota. Updated March 21, 2017 Appendix ,4' Gem Lake .Consolidated Land Use Ordinance .Def nitidns Page. 18. WALL. SIGN - Any. sign. attached to or painted on the wall of a bdding or: structure in a plane parallel ox. approxu�iately parallel to. the plane -of said. wall, WATER BODY - a body of dater (such as a lake or pond) Ora 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, water�iays, wells; springs, reservoirs, aquifers; irrigation systems, drainage systems and all other bodies or accurriulations of water; surface or underground; natural ox artificial, public or private, which are. contained within,low through, or border upon the state ox any portion thereof. Streams include. bath intermittent and.perennial, WATERCOURSE -..a channel. or depression through iAdC i water flows coatis ua isly or intermittently, :such as rivers, streams, or creeks: WATERSHED - the area drained by a natural or artificial drainage. systiem, bou irled,peripherally bya.ridge.:4r stretch of high land dividing drainage areas. WAY; AUTHORIZED PRIVATE -� n toadwith.a right -of-' tiay. not less than forty (4.0) feet Wide across private land designed and built for.vehicular traffic between apublic street and two of iMre private. residences This road shall have been authorized or approved .y 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 secdvn 103G.005 subdivision 19.. WIND ENERGY COI�TVER5ION>SYSTEM (WECS} ,=;:An electric'g-generatirig'facslity consisting of a turbine, tower; and associated control and conversion. electronics:: :;;; WINDOW SIGN - Any sign viewable through:and/or/affixed 1 any mariner to a.windaw or .eatcriorglass door such that it is intended to: be triew.able from: the street; iududg'sigiis located instdea building.but primarily visible':outside of the building. WOODLAND Ali: area of at least °one-half ('Ia)'aere in size of land; utility ;easemesits,.Or. ights-vf-way, with at least twenty (20).significant tcees'orithc parcel yr witk .:tree cove 'over at least thirty -.five (35°/o) 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 permuted in this:Ordinance. Ayard shall extend.along a lot line and at right angles to:.such lotline to in the yard..regitlattons for the district in which such lot located. a. depth or -width. specified 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.xequired in the yard regulations for the district in which. such a Iot is located. In the case of a corner lot abutting one or.mate major roads, both yards shall be considered front yards. A mayor road is any road .that is of a. collector .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 10t is located. Updated March 21, 2017 AppendixeDefinitions ni'n' Gen,. Lake consolidated Land Ilse n► di+zanee De f raitiorzs Page I:9 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' CQnsolidatetl Land Use Ordinance; ZONING COMPLIANCE PERMIT - This permit is: granted after determination that all steps of the: planning process are cotripleted.and authorizes the conimr-ticernerit.of theproject. ZONING DISTRICT - An area or areas within the limits. of the City.for which the regulations and recluirexments governing use ate uniform. Updated March:21, 2017 Appendix 'A' Gem Lake Consolidated Land Use.0rdinance.Defnitians page 20 SEH 5.0 Land Goals and Policies Background Gem Lake's Land Use Plan is a general guide. to physical growth and.development in the City. included in this -section are policies: for the appropriate timing and location of development, as well as strategies. for protecting the: environmentAs the. development. occurs. This Plan will be used by the City -to help. evaluate the viability of various public investments. Private development. evelopment proposals will also be .considered in light of the overall goals.of this plan...Therefore, it should: be regarded as'a general guide to the legal regulation of land development that is controlled bythe City'of;Gem Lake Consolidated Land Use Ordinance and Zoning Map, under the power s„gra tied to the City by the State of Minnesota. Descriptions and maps that generally illus classifications within the City of Gem. Lake of the use.districts, as:shown in the various interpretation and adjustment; as necessa4 The Met Council -has designated Statement" which was .used as a Gem Lake's location within .the rf and existing land uses. The polci are based on.policies and requirE Framework Plan. ; Po.licies and Chapter 462 of cities:to .re .ar municipality=tia prepare, adopt, anc by `ordinance and o gvered in -this elf trations,.are.appr conform to actual land use The boundaries note, and subject to d:t6hditions. Lake as "suburban" nj the 142015 Systefii ":>; -line for this Plap j.7-bls designation is based on krecasted groW.t. availability of infrastructure id nforinatiori.coritia1 .d in this land. use chapter ts..for "sul urban" in. tl e'IV et Council 2040 Regional Municip'aI Planning and Development, authorizes. ainprehensive. plan: This statute enables a ris'iye riunicipa planning activities to guide the.future the muriiO ity. It further enables the City to rehensive municipal plan and implement such plan In addition to Chapter 462 ;the. Metropolitan Land Use. Planning Act,.Chapter 473,. requires local :units of governrnent (LUG) in the metropolitan area to either: adopt or update their coprehensE'plans:to make them consistentwith certain standards and policies as established _by th Met Council. The intent of this state. statute is to control and guide urban. development in the metropolitan area, Gem Lake's 2018. Comprehensive Plan Update is written in response to the Met. Couricil's "System Statement" for the City, and considers new growth projec.tions.and policies. published in the.2.040 Regional Development.Framework This plan also provides updates'in policies of other state. and. regional plans. 5.6land goals and policies. I page 9 �i SEH Table 5.1— pdVulatjdn, Households, Employment Forecasts, 2010-2040 Existing Pattern of Land Use in the City of Ge Understanding present development in the City of Gem;l a appropriate futurepattern of land use. The Figure 1- Ex s illustrates the generalized pattern existing as oQanuary, .� Current land use within the City of Gem I occurred since the City was. formed in 19 Table 5.2— Existing Land Use .Acr the key to creating an ,and. Use Map 20.17 that have ores that make up the City of Gem Lake are used far roads Or and other water hodfes:and wetlands in. the city; The existing commercial f business land uses in the City of Gezn Lake are. concentrated in and around the U.S. Highway 51/County Road E intersection, This includes two large car dealerships, other auto/motorcycle or>ented businesses, and'a marine sales retailer. A small neighborhood bar,.a coffee shop, and a retail floral establishment also exist:in this area. There are approximately 43 acres in this category. Single Family Residential Land Use Existing single family residential land makes up the largest: portion of the city and ranges from, • A.45-acre estate located along Goose. Lake Road. 5.0.1and goals and po]icles .1 page 2 SEH An Macre single family .residential parcel located along County Road.E We t of Daniels Farm Road, • Several single-.famiiyestates: around the water body called Gem Lake. A large number of executive size houses on 2 to 3-acre lots in the:Little Fox Lane, Big Fox Road and the Hillary. Farm Lane: areas:: • Several single-family homes on 3/4 to one acre lots along Scheuneman.`and Goose. Lake Roads. • Some single-family homes ona to 3'z acre lots in the northeast corner of the City: There areepproximately 486 acres in this category:. Institutional Land Use The White Bear Montessori School is located at the southwestern corner of the City and comprises the only Public land use at this time. A Geml?ake,City Hall is available to the residents of the City in the northeast corner of the :City grid is part of a.joint projectby White Sear Township. and the .City of Gem Lake.-The'City Hall`is sited on a.lot in White Bear Township that is directly on the White; Bear,Township/Get '1ake City Limits, and, as such; it is not identified on the following'City of Gem Lake map. Tlfft:e are approximately three -acres in this category;';;;.? Park, Recreational, or Preservption Land The recreational land use is corriprised;ofthe Gem LakeHills:Golf Course: in.thenorthern portiom.of the City, which is priyately'ovried and operate;x.,l'lie golf course land is designated in existingianduse plans'as lowdensit"y residential, though re -development has never been sought,;_The City of Getri Lake:currently owns 'r o''propertyfor .park, recreational or prese vat an areas. Th&eare approximate.1 63`aeres in this category. Agricultural L6hd, A portion of the approximarely:7..,.-acre parcel an County Ad. E is currently used for macro -agriculture; tl auA4dfi0d'",fdi ihi xed use residential per the Gateway District undeveloved'11 them. Figure 1 - Existing existing land" useJn Gem .5.0 land goals and poll[des I page 3 referstathose parcels that: currently have no structures on d'Use Map.'(2018) on the: following page illustrates the. 5EH Ins' rfi exisCing"land-.0e map (2018) 5.0 land gdals:and pakin I page 4 J. SEH Future City of Gem lake Land Use thru 2040 In order to guide use in subsequent decades, the City of Gem Lake. has prepared a future land use. plan. The plan brings together goals, policies, and recommendations for future land use, and is intended to assist with decision making on a going -forward basis. Acreages for future land uses within Gem:Lake. are identified in Table 5.3 -FgWe Land Use Acreage Breakdown -Although Gem Lake covers a total. of 725 acres, only:653.6 is reflected is the table below. The difference is acreage is -consumed by roadways, wetlands and open water, Table.5.3 — Future Land Use Acreage Breakdown Land Use Category single Family - Estate Acre 122.9. Single Family - Executive 2I1.5: Single Family - One Acre Single Family. Residential Gateway district (mixed use and/or residential) "'917 Open Space 'y6•� Minnesota Land Trust 196` Recreational open Space Public/Institutional '`' ? = 2.9 Total:: 553 ;6 ]VnTF-. The balance ofthe<'tdtal..725: acres th"ake up the G ty Single Family - Executive used for roads or land use with the City of Gem Lake, awn into three main.categorles: City,;bf Gem Lake:encompasses most of the interior y, Iocat°ed around the water body called Gem Lake. The i acres,. and the maximum density is.l lot per 5 acres in Octs utilizing planned unit develapmerit (PUD) .guidelines uses to provide for common green spaces. Allowable e family. Roughly 33 percent of the total land area of the City is comprised of "Single Family Executive" land uses. "Single Family Executive" land uses are found primarily in the southwest and north.central portions of the City. Ille—minimum density is 1.1ot per 3 acres and. the maximum density is I lot.per 4 acres,_ Sanitary sewer expansion is not proposed in this area prior to 2040. The McNulty Development within this. district is already served with sanitary sewer, and future developments will be.regnired to cons'ider.sanitary.:sewer as part of the.review/approval process. Allowable housing in this district is single family. 5.0 la.nd goal5 and policies I .page 5 Single Family - One Acre One acre parcels occur along the western part Goose.Lake Road and 5cheunernan Road near the golf course. There is also a one acre buffer along -the edge of the Gateway. District separating it from existing residential: areas (though this will be calculated into the Gateway total acreage.) The minimum density is 1 house per 3/a acre and: the maximum. density is.1 house.per 1 acre:: Allowable .housing in this district is:s.ingle family. Where sewer is available, multi-family.in twin home duplexes is also allowed. Single Family _ Residential The last residential.catego.ry is "Single Family Residential," and is primarily found Along the edges of the city, particularly on the east/ ortheast side and the northwestern portion of the City. This district is fully developed with. single` milyhomes and this plan: does not project or assume any gains in housing units. R6,Wliis.planning area.. Tht. mininildm density in this area iS I lQt 12e acrQ and —irI'AXqaqMJ.5-Uots per acre, ;., Sanitary sewer.expansion is not anticipated. in this area prior to 2040.: $oad a Q atanrsewer llowable housing'in Cis district.is single family. Where sewer is available, multi-familyin twin.hoine fduplexesrare.also allowed. �� Gem Lake Gateway Special `Plan riing District (A. 41 eid Use) This area is located at and near ta`' ei" tersection of Cou t . Road E and U.S. Highway 61 where major transportation nodesand hgl'sewer capacity are available: Roughly 13 percent. of the totalIar d in the City i$ found in thi ,gistrict, Where appropriate it will be guided for mixed=use'develapment, at ar approx and e.'50. f 5D rnix"of residential. and g commercial�laus r ess uses 'Tli . actual percentages for tl "e''remainder of the Gateway District may vaiy dependent - pon the.projdc " 5ubse i entt 1lo rr ent:tl at'is � lariried._for "Mitred. Use"under the Figure 2 - Futur e Land;Use- 'Map' wiII;b.e.developed.in a't"e �d�fashian; to minimize tYie visual. feel. of the ,existing single family neigh I... l nods and prekive.the value of existing haines. Depending on the exact locatian'within the. Gateway District, the minimum: density for singlid fanilly.housing rriay range l elween 2 units per acre to. greater than S units per acre w13e.ri multi -family lausing:is co`.risidered (assumes this density will be necessary for .provid ng an adequate`a r ount.of affordable housing). The Gem Lake Consolidated Land Use Ordinanceprovides more specific details on how this could be accomplished. The western-most°portFan' of the Gateway District, located along County Road. E (West of the private. Daniels ".Road) will. consist of single'family residential in the one acre buffer between Gateway land and existing residential areas. Between the buffer and.. the roadway boundaries of this portion can exist either single-family housing or multi- familyhousing in twin home duplexes: The one acre: buffer continues east of Daniels Farm Road to the point where it ends againsr.the.land designated as open space under the conservation easement. Between the buffer, County Road E and the point where.the Neighborhood Center sub -zone begins; exists the Neighborhood General and .Neighborhood Mixed Use subzones totaling approximately 12 acres. Mixed use office .space, retail, and: residential may occur in this portion at.a ratio of about. 60 %office, 20% commercial,.and.2Ua/❑ residential with a density. of 5 units per acre. SEH 5Z land goals and policies { page 6 SEH East of Highway 61 there exists the possibility of bus rapid transit along the. Highway 61 corridor. This will provide for possible redevelopmentin portions of the Neighborhood Center sub -zone that may provide. opportunities.for multi -story multi -family housing and.an active:.retail/commercial. area. This could. make Gem Lakeadestination.for shopping, dining; and entertainment.. opera Space The City has two areas of open space land. One is a designated conservation easement. established by a property owner creating permanent open space within his property boundaries. The other are three small "unbuildable" lots west:of. Highway 61 between the auto dealership and: the. south end of the. 5cheuneman Road cul-de-sac. 'In this latter instance the land is comprised mainly of wetlands and othersnall water features that could support ahiking or biking`tmil along U.S. Highway 61= e City of Gem Lake. projects that -it will acquire the property through direct purchase or by developer dedication daring this planning period. Recreational Opera Space Approximately 60 acres of residentiallyzoried la space within. the City of Gem Lake, This areas t and .is locatafln the northern portion. -of the City of single fa..milyresidentW.. land uses: By all acco and is riot projected to .develop as a MRf ent,use The. City.Qf Gem Lake desires that it the future. Based Qn,past zoningpr golf course propertyat=any:point in a conditional use :within resideritial Public/lnstituti6h Open 5 s.Q land goals and policies I page l use a n is.identified as.re&reational open ntlyused as a private_gol€ course ie course is abutted by all ;four types tsthe course is economicallyviahle rnghis. planning period, creational space use continue in. ty's likelyiiability to purchase.the od e e f course will continue as southwestern corner of the City and. expansion of this area is -expected. JJ. 5EH. Figure. 2Irisert Fuftre':T:azd :Use`1GIap S.Q 1pnd goals and polities I page 8 SEH Employment Locations Employment is scattered throughout Gem.Lake with some occurring at the golf course and some at the White Bear :Montessori, but most.employment opportunities will continue to. existin the Gateway district. Within the Gateway district, the Neighborhood General and Neighborhood Mixed Use will offer some employment opportunities, but the Neighborhood. Center sub -zone will provide most of Gem Lake's employment. Development Staging Gem Lake is classified as "suburban" in the 2040 Regional Development Framework. As such, Gem Lake will cooperate with its neighbors as it:positions itself to enter this planning period: It will also increase.the chances of connecting housing with shopping and etmpl.oyment..activities in.a thoughtful and well-plannedanner. The Regional Development. Framework from the. Met , ncil discusses the City's role in. implementing specific strategies.developed:communities maIy5use to: reach long-term development objectives. These strategies include;;; Accommodating growth forecasts throtigl'srenvestinentatapproprate densities. • Approving and permittting.reinvestment protects that increase densO!! nd. make cost effective use of infrastructure. • l;xpand Residential One Acre -de elopinent on th ",,d zth side of Goose Lake.Road in the cityts northwestern quadrant and infrastructure order to accommodate reinvestments to meet .. : i inin for hfill,devel6 inent, retie ielo" merit, and adaptive reuse of struc tures to diversify housing connect.h sing and .jobg," and.. integrate new development. into 'existing neighborhoods. . ■ .Encat ragmg preservation. of.existi g. neighborhoods and expansion of housing choiceswithin the city. Adopting ordinances to nerease life -cycle, and affordable housing in mixed use.areas. •- As a designated-sulaurl 'an city, the city will encourage Gateway district development that will. promotea town center that will`make Gem Lakea destination:for shopping, dining, and entertainment, particularly if anticipated bus rapid transit will extend along the Highway 61 corridor. 5<O land goals and pfllicles I page 9 SEH Table SA indicates proiected development by category and estimated land dernand needed for implementation, This information is broken into ten year increments from 20H to 2040. Table 5.4: Land Use in Five Year Stages - Existing and Planned. Land Use (in acres). Single -Family - Estate Single Family - Executive Single Family - Residential .One Acre Single Family - Residential Gateway residential Gateway commercial Institutional Parks and Recreation Open Space Subtotal wetlands Open Water, Rivers, and Streams Total *.For Mixed UT e Categories- include:Ir+fa1 housing density ranges and acres/percei Land Use Develop, nt Cons i With the many"ri, @i i 'resaurces in Ge constraints. The<:City of Gem `Doke is a s wetlands, and ha!MWood forests. Care 1 construction of anyhne .deyeIQp rierit, :.:,. ope spaceMasier planning;=cluster df 17e :used to minirriitie;impacts'on natura nts Lakettxere are ais.g. associated development ri ficat t'natural resource area, including a lake, egto,be exercised in the design and the City: Sensitive areas should. be protected as elopment ;and..similar.land use concepts should `esoui ces and.maximize efficiency of services, Aggregate Resources;::;;; DemaiM`fbr aggregate. resources conl roues to .grow in the metropolitan area As local resources:tsecome deplete'. aggregate needed far urban development will have to be imported from outside the; seven -county metropolitan area. The City will permit.gravel mining opeiatons.;whereapproprate and consistent with the City's zoning ordinance. It is important to nptd`ttiartk e City of Gem Lake doesn'thave:any aggregate resources and doesn't anticipate aii it a future. SolarAccess Protection Since 19.7.8, the Metropaiitan Land Planning Act.has:required communities to include verbiage in their plans to. protect access to direct sunlight for solar energy systems, The purpose. of this provision is to :protect solar collectors frdin shading by adjacent structures and/or landscaping. The City of Gem Lake recognizes the value of solar access. protection and energy conservation ingeneral; however, thecommunity is experiencing -limited new construction in its urbanized area. In addition, while a considerable amount.of new 5.0 land goals and pofieles I . page I© SEH development will occur thiroughout the City in the future, the application of this provision will be difficult within the.context of an .established land use patterns and.natural topography. For this reason; the City will Fogk.b.eycirid solar accessibility alone and will address the conservation of energy in general; throughAts.compreheasive planning. efforts. Historic Preservdtlan There are not any structures or sites within the City that are. listed. on the: National Register of Historic.Places or properties of State or local significance by the State Historic Preservation Office (SHPO). On a case by case basis; the City will work with SHPO and local property owners to take the appropriate steps to preserve any historic or cultural resources. that may be added. or discovered in. thefuture. !wand Use Goals and Policies General Land Use Goals • Protect and enhance the.naturai.environr • Help ensure. that:all:developrment and re' and harmonious.pattern.of design, guides designers. • Preserve' the large estate and:exe them with compatible smailer=lo business/commercial uses, Thes_ employment opportunities when •. Provide a safe, ii`ealClzyand attra choice of housing oppoifuiitfes i • Provide buffets.using berms 3trei residential areas``" City from tive lots in the City of GemLal )pment:contribut6' ?' o:a clear,. orderly, -ofessional planners, i?ngineers; and. hb'jr tierior of the City and surround ens ace, recreational and nett !lousing with shopping and nmentiwhich offers a broad and 6thbr natural resources to insulate the oise,.ligl :t=pollution, and traffic. evelo meet of an attraci t�e:s ecial ;lanning area around Hoffman's rner at.i]:5i' hway 61and on Coiinly3;Aoad`E for a mix of.business; commercial retail, aperi space and residential uses. Genera! Land [!se Policies At the CommunIty's:ulti riate: development stage, the dominant share. of total land. Within tYeCry of Gem:Lake should. be residential property. • The City. .has'�proyided d' tali in its land use ordinance on both cluster development and similar lani use -devices, in:orderto help ensure open. space retention,:reduce development costs; and efficient provision of utilities. Incentives, such. as density bonuses, are provided forw.ell-designed developments. it is the policy -of the City of Gem Lake that substantial high density residential housing shall be constructed as part of the re -development of the Hoifman's Corner area. • It is.the policy of the City of Gem Lake to discourage all industrial:larid uses. Extensive industrial development can be easily foundin other. nearby portions of the metropolitan area. 5.0 land goals and poflcles E .page 11 �i SEH • it is the policy of the.City of Gem Lake to review proposed iristitutional developments on a case -by -case basis. it is possible: that this. -development could. be permitted within other zoning areas in ihe.city, if compatible with. its overall. land use goals.. • It is the policy of.the City of Gem Lake thatit will support the.viability of the present golf course in the. City as recreational and open.space; and to try to acquire additional public open. space for.passive viewing of other attractive areas. • it is acknowledged that the. character and natural environment of'the City of Gem Lake depends on the continuance of natural vegetatiori within and along its borders. 'The City will encourage the continued planting of new and the preservation of existing trees to sustain and improve. the natural beauty of the community. • Aesthetic considerations -far new and existing constructiop;should be addressed through better perforinarice standards in the zoning ordinance and other ordinances. Controls addressing signage, lighting, appearance;,lan s.caping and vegetative %screening,.amongothcr items,.will be defined in the City's consolidated,land. use ordinance. The natural character of the City r VGeni Lake; as`well.as general quality of life found here, is very important to resider £s?Atthe same time'tl e_controls should not be so restrictive.that they stifle the creativity and individualiry`ofplanners and designers, or place an unreasonable. financial burden on.the property ov ner. Perimeter landscaping and`screening of parkii glots,,load ng areas, ;outdo. or storage and building mechanical unitswill be regarded''asmportant components af'''f development, However, min x "'I' ht and nolse'poliution.will be important considerations; It is important that done in coordinari1 coordination' g fp1 City of Vadriais:Hei Discussion With'aa exi5tinWbubiic util development of pr )pe'rry which borders.other communities.be ith these cornriiunities. Th" '-'Is..now a need for dialog and nth;the. City of°White;dear LakeVlhte.Bear Township and the effective:triethad of these. adjacent communi Patantial joint power'ag: Township and the City`o by Gerri=Lalte., arnunities ro facilitate cooperation and sharing of is'.water;;and sanitary seweir; should be initiated. am adjacent-.corriri unWes will likely provide the most eying these ti€ilities to the Gity of Gem Lake. Each of ervices could be used. In selected portions of the -City, erits,'with the City of White Bear Lake, White Bear nail .Heighis:may result from the initiation of discussion • The review of=. cbnditiarl r.. interim.use'permits or re=zo.nings.of particular.areas of the. City must take inCa'accourit impacts on adjacent uses, air and water quality, traffic generation, publ c'7:.§ ety and health, aesthetics and economic effects. • Wildlife and -natural vegetation. in the City adds to the quality of life in Gem. Lake. The wildlife and natural vegetation should be preserved and protected from over development: • Additional protection to wetland : areas and the water body called Gem Lake.is.needed. The:requirements for soil erosion and storm water controls are already included in the City's zoning ordinance. Additional protective measures should be.plaaed on storm water that enters the Genf Lake water body, which :has no outlet.: Both pre- treatment and .rate controls will be needed to keep the Gem Lake water body clean, and to prevent it.from overflowing. 5.0 land goals and polldes I page l2 SEH City Planning Area Policies Beyond Gem Lake's general land development.policies, an additional set of policies has been established to more clearly delineate -the type of development which is to be. encouraged within the various "Planning Areas;" (refer to Figure Z -.Future Land Use Map for details of these areas) The policies listed below are preceded by a Brief description.of.existing conditions in each planning area, Gem Lake Gateway and Village Center Special Planning Area (Mixed use) The Gateway and Village Center planning areas in the City of Gem Lake are broken up into five specific land: areas,:defined as follows; • The southeast corner of US. Highway .6.1 & County Road,E [Haffrnan's Corner] • The northeast corner of U:S. Highway 61:& County Road 5'` • The northwest corner of U.S. Highway 61.& Counry'Road E , ■ A 17-Acre ParceLon County Road E [East County'R E parce7j, ;. • An IB=Acre Parcel on County Road E [West .Co.►nty Rd E Parcel] _ , The "Gem Lake Gateway Special PlanniingArea" defines areaswhere ci} niriercial, business, retail, office. and residential uses co l Te constructed in comb nj_ ion with each other. This would connect housing with nearby^opportunities for shopping,: working.and social i.nteractivn 5ubseguent graph cs and textsections.provide details on ;.. how these various uses could be -success fully meshed vyith n a mixed -use district. Examples of possible layouts of the `Mixed Use'Gem,Lake Gateway.and.Village.Center. Special Planning.area are;on Figure 3`z<Gem Lake ExgMple PPan`'Subxones. and Figure 9 in Lake Exam z`le Cance `t,Si..te Plans 4r : lie fallo r ngp ges; Ge A.. _p ..... , - 5.0 land goals and policies. j page.i3. /1 SEH Irisen;�em fake Example�Flari Su��tiories'Map 5;0 land goals and pflllcles I pa8e`14 SEH Insert=E�ampTeC,o�cept5itePlaris Map 5.0 land goals and policies i page 15 �r SEH General Gateway Planning Area Details fmixed Use) The five Gateway planning`areas are shown An Figure 3 - Future Gateway Zane. Sufi -Zones Map and Figure.4 -Gem. Lake Example Concept Site Plans on the preceding pages. The colored areas on Figure. 3 -Future GatewayZones:Sub-Zones Map indicate: the suggested land uses (subzones] in each of these planning areas. These subzones are designed to express a range of uses iricluding.single family resldeiitial, and mixed uses, including small-scale: commercial, ground floor retail with offices and residential/rental above, with residential building densities, transitioning from rural to urban conditions. he subzones provide for allocation of building types, open space standards and design .guidelines. These subzones are intended to accommodate a diverse mixture of building types and.uses; housing choices. (including adequate supply.of affordable housing) and .land use. The particular mix encouraged in each subzone isb'ased on the relative Position of that subzone within the Gateway and Village Center planning area. Figure 4 -Gem Lake Example Concept Site Plans shay+ s:l aw: structures might be:placed in the areas in the Gateway district mixed use area.. The subzones identified in Figure 3- FutureGRteWary Zone Sub -zones, are defined as follows: Neighborhood Edge. This subzone is intended primarily for lower density`residential development, and to act as a transition between new consj. ti`i tion and existingsingie- family detached structures an adjacentlands. TbJs"suhzg e will accommodate single- family dwellings on one. acre .lots Neighborhood General. This subzor a°is. intended xo_accotnmodate single family structures on compact=lotsor multi -family structures tliatlook:like individual large. tiara es will lie sersred: froth an'all' , or if fro mIli" s.treet;'to a turned garage homes.g::.. mass. Attached:raw houses,`pra Ading co eto s de:walls`'ari 'vehicular access.from an alley or rear pa&!hg area, are'also suggested?';:, Neighbarhbod Mixed-sM6 Thi l subzo e is. intended to establish a neighborhood focus tt at:is'distmgUlsh- d by civic buildiings Small-scale commercial/business/office and mixed use buildingstpgetherwith other resid%ential buildings of higher densities (to support inclusion' of;afford b housing) than exist in the "Neighborhood General" zone 'This sulizone will"accommatiaEe a. variety of activities. and.services within easy walking'distance from.hones, supporEng daily convenience shopping and personal: service needs and.also prqiAciing opportunities for public gathering and social contact, Neighl�orhofld Center, This sii zone is. intended: for the most urban conditions within. all of the shown mixed`bsii reas. The mixture of land uses.emphasizes ground -floor retail with offices and resideri al/rental above (as market acceptance matures), and structures providing commercial space for. medium andlarge-sized retailers. Street. frontages throughout this subzone should be pedestrian -oriented, and defined by building facades at the hack of the sidewalk. Multi4amlly housing is encouraged:in this .sub -zone particularly near where public transit is, or wili.be; available. Multi -family housing will.enable the. City to meet its. affordable housing requirements and achieve its density mandate of five: units per acre. Off- street parking is best provided in structures. or located.between large retailers and perimeter arterials (US. Highway 61. and County Road E). On -street parking could also be. included as. a component of the total parking program.: 5.0 jand.goals and policies [ page.15 -A SEH Note,Any long-range plan must be flexible enough torespond to changing market conditions. Therefore, this plan recognizes that designations for all zones, except the Neighborhood Edge, maysh.r)`t up or down one level to accommodate community deeds Each of the above Gatewaydistrict planning areas must be developed using a "Master Plan'' and,.as appropriate; using the PUD process and conditional use permits. The planning areas may be developed in stages, but must be guided by the master plan as each stage occurs. It is important that the developers of adjacent planning -areas work together to provide Continuity of design, utilities; roadways, and uses, The following general guideIines.should be followed for the entire Gateway district planning area; • Each of these sub -zones planning areas. is to be a master p,f ned.development/re- s<. ; development area of retail/service type businesses%0, t s, possibly including an integrated community of mixed use residences-The-resici'ences should:be used for senior, a..ffvrdable or other type of housing that:wduld be compatible with, and use the services provided by,.the shopping/retail service/office center","!'.;.. • Co-operation with the City of Vadnais Heights..on directly adjaceni 'parcels lacate.d to the. south of the first planning area. will b'e necessa These adjacent "arcels would P g rY ] p provide. part .of a logical access point into this",develo.pme" t. They are adjaeerit.to Willow Lake Road. This re -aligned access poinf caldtn`en allow for roads tq'proceed north thru the develo.pment.area>t County Road E in the City of Gerrii e The present AutoNation.Ford deal structure for th6 ixed-use. land p may be. futur:. would then" current Auto • Pedestirlanzand b to access t de sho.pping and and lirre'up with :Scheuneman Road at 7 cold be. evaluateddas. a "large -box" retail Number3'in<;the "Gaff= ay District." There. road"extensions"irC A the adjacent parcel that. g oppartunities`n'the rear (north) of the ed in the mixed land use parcels. s. for residents living in adjacent parcels. • Municipal water and'ain upgraded,sanitaty sewer systetit need to be.iiistalled in all of tliese'mixed use.plann ng areas.' W-businesses/offices/multiple use residences in these 'pianning areas slauld have fire protection sprinklers. • Cohesive.sighage deslgt will be required as part of the initial site.plam All signs in this planning ared?$ ould.bi'..imiiar in design and. consistent in. appearance. • Adequate `°green°areas" need to be provided in this planning area to increase the pedestrian -friendly nature of the Gateway area. • An engineered storm water system needs to be designed to gather storm water from each o f these planning areas.:4djacent areas may.need to.work together to provide a conveyance system. • Realignment of Daniels Farm Road.and.International Drive [located in Vadnais Heights) to provide access to the east mixed use parcel, • The existing."border trees" along County Road E, and also alongthe railroad tracks on the. eastern:City limits should remain in place; if possible, or be replaced with new 5..0 and.goals and pokles I page 17 _A SEH trees and berms, This would insulate each planningarea from the noise and traffic coming from County Road.E and adjacent .i.ndustrial.areas.in Vadnais Heights. The:overall planned. density of residential use in:the Gateway district should average at least one residence per 1h acre. If senior housing can be staged in these areas, much higher densities may be possible. Residential Planning Areas. The residential areas in the City of Gem Lake are defined as follows:. • "Single Family - Estate" ■: "Single Family 7 Executive" "single Family - one Acre" "Single Family.- Residential" Details on theseresidential areas are provided In Single Family -+:state Planning Area This planningarea comprises the residenfibilii existing.in the center of the Cityof.Gem Lakes; north, west and south of the water body calle size also exist in various other areas in the.cel blessed with a wooded, rolling`andvaried top Lake Road, and a private road off`.of;Co znty lt; In response to these existing con ar..ea are as fellows lots, all greater thaif5=9cres in size, s land 9s generally ,gafl erp. around the ,in Lake. Some undeveloped lots of this of .th6VN Most of these ax'eas;are aphy Access to these lots is via Goose E. z wingspecife-policies for this.planning • The corit9nu6tari of moderately low.deisi resl'dentdl'develo merit continues to be encouragediri this pianning'farea. It is possible to have sv `e stnaller.lot development in the future alorig�the perimeter thoroughfares to provide diversity of housing. • Principle�and access aty,t uildirigs shall be located in the -Single Family Estate" area so _ g Y.. to=allow'for"`ossible future.subdivision=into"EXecuti a or in 1?, v . S gle Family Gne Acre ?sResidential".Iots`;; _ 0 "itigineered storm`water coiQ' iansettling areas and discharge rate controls must be a�iied: before storm water is allow bt to leave this area.. ISTS.`systems.are'not a1. Wed withfri 150 feet of the shorelines of the water body called Geri Lake, and its'attendant wetlands: • Municipal watl#should b;e extended into. these areas, as feasible. • Shoreline protection for`the water body called :.Gem Lake, and its attendant wetlands, must be strictly enforced. • Housing.maiiiteriance rules shall be -strictly followed to keep. existing estate hom.es-is good repair;. Single. Family - Executive Planning Area This planning area consists of the following. parts of the. City: • The housing development bordered by County Road E and Labore Road, and. served. by City maintained Big Fox Road and Little Fox Lane. 5.0 land goals and policies ! page 18. SEH ■ The area.called "Hunters Run" served by the private road called Hunters Run Road and Daniels Farm Road running north from County Road E, Which is owned by the South Road Owners Association. Lots north of County Road F, and served by Daniels Farm. Road owned by the South Road Owners Associatio n. • Homes. in the.development called "Hillary Farm,':' located.just west of Scheuneman. Road, and served by the private road called Hillary Farm Lane. Some of these areas have lots that are larger than two to three acres in size but contain moderate cost single family homes, In response to these -existing. conditions, the following specificpolicies for this planning area. have been established: • The continuation of moderately low density residential development continues to be encouraged in this planningarea.. Engineered.storm water collection/settliiigareas. and discharge rate controls will be required before storm water is allowed;�e.this area. - s • If sanitary sewer service is not availabl6i,exec buildable size to support. a well and. an ISTS'. ; backup ISTS system. Municipal water should be extended;into this ■ Shoreline protection for tiie.water.l}oclycallee must be enforced, • Housingmaintenatice _rules shall repair. Single Family - - Ared: tive lots must be of ".large enough Stem, as_well: as space for`a complete .rea as feasible. Gem lsakeand its attendant -wetlands homes in goad the City of Gem Lake, Areas along tl e'western portion of Goo_i6Uke Road, -areas along Scheunernan Road, Areas:east of Scheuneman Raad from U.& Highway 61 North to the Otter Lake. Road. Tames on the private road called "Kahl Circle" are also included. One.double home `is'also.n4w Ivcatei'iri this area Areas west�pf,Scheunemari Road from US, Highway 61 north .to the "Hillary Farm" Development and fronkIie northern boundary of "Hillary Farm" to .Otter Lake Road. These areas have'exist rig>5 ngl.e family dwellings With 1.ot.sizes that vary from just -under one acre up to two :plus. -acres. [but averaging one acre] in size. These lots contain medium.cost.single family homes. Most of the areas identified above. are fully developed.. In response to these conditions, the fallowing specific policies for this planning area have been established: • The continuation of moderately low density residential development continues to be encouraged in this. planning area. ■ Engineered storm water collection/settling .areas and discharge rate controls will be required before storm water is allowed to leave this area; 5.0land goals and policies I page 19 • If sanitary sewer service is not available, executive lots must be of a large enough buildable size .to. support.a well and an ISTS. system; as well as space fora complete backup ISTS system. • Municipal. water should be extended into this area,. as feasible. ■ Housing maintenance rules: shall.be strictly followed to keep existing homes in.go'od repair. ■ Natural buffers of plants, trees or berms are.encouraged, Single Family - Residential Planning Area This. planning area comprises th.e.following.areas in the Citygf Gern Lake: Areas west of Goose Lake. Road between Labore Road'aiti'the Gem Lake. Hills Golf Course. ;.,.`. • Areas northeast of the golf course along Goose L .,e Roads "andron both sides of Otter Lake Road, • Areas along the. private road that extends n'6` of Scheunerrian Road, at its intersection with.Otter Lake goad. • The. area along each side of Otter Lake Road'< ......: These areas have existing single fammily dwellings wifih lot sizes that vary from jtiistover one acre in size to % to.1/s acre iW itie These lots contain medium cost'single family homes. Most of the areas identified abovearefully. devefQped,, In response to.these conditions, the Following sped is policies far this planning area 1i' 'hell > ::.:.. have been estab s • The:continuaf gn of low density residential clevelopmerC=eontinues. to. beencouraged in this plantiIrigarea. + I£.further:.. residences are :added & is area, master planning; clustering,. and similar. o nce""ts'slzould be used=fo;maxirr ize it e;benefits from community resources such as p. municip waat and sanitary;sewen ■ ``IEanitary sewer service is not�available,.lots must be of a large enough buildable site to'support:a well and'afiSTS system, as well as.space.for a complete backup ISTS syster:,, ■ Municipal watet' shouldle'extended into this planning area, as feasible. Natural buffers of;plarits'trees orberms are encouraged in.areas that border business and :commercial zones nWhite. Bear Lake. or Vadnais Heights, Housing maintenance rules shall bestrictly followed to keep existing homes is. good repair, Park; Recreational, and Preservation Planning Area An 18-hole golf course is presently located in the Single ,Family Executive.planning area. The private golf course.CGem.Lake Hills Golf Course) now provides the only semi-public open space: in the.City of Gem Lake and substantially enhances the feeling of open space and natural environment treasured by the. residents of the City. Iiiresponse to these.. existing conditions, the following specific policies for this planning area are offered: J E i 5.0 land goaIs.and.. polIdes .I page 20 SEH • Continued. rriaintenance..shall be required, under a conditional'use. permit, fear the grounds and structures located. on the golf course, to maintain its high quality nat�iral environment. • Golf coiirses shall be retained, as a.lawful conditional use, in.residential areas.under city zoning codes. The land of the .golfcourse shall be mapped into one or more residential zones base on compatibility with adjacent lands -arid prevailing conditions when andifdevelopment occurs. • The City of Gem.Lake shall continue to explore options For:acquiringtrue: public open or preservation areas, focusing on landwhich directly impacts the water quality of Gem Lake itself, 5.0 land goals and ptillctes I page Zl