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HomeMy WebLinkAbout2017 06-06 PC PACKETCITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN $5110-3227 Planning Commission Meeting Agenda June 6, 2017, 7.00 p.m. - Gem Lake City Hall 1. Call to Order & Roll Call 2. Approvalof agenda 3. Review & Approval of Minutes .April 4, 2017 Minutes. 4. Public Hearings A. Review of proposed City of Gem..Lake Ordinance No. 131 - Predatory Offenders Excluded from Various Locations a. .Introduction & Discussion. b. Public Hearing B. RevieW of City of Gem Lake Consolidated Land. Use .Ordinance (Ordinance No. To.Be,Assigned) a. Introduction & Discussion b. Public. Hearing. C. Consider the purchase of theJollowing described real property situated in Ramsey County., Minnesota by the City of Gem lake from Hansen Investments,. LLC:. Commencing at the Southwest corner of the Southwest Quarter of Section 27 Township 30, Range 22, thence East along the south.line of said. Southwest -Quarter a distance. of 935 feet, thence north at right angles a distance of 886 feet, thence Weston a line:parallel to the south line of said Southwest Quarter to the west line of slid Southwest Quarter; thence south along the west line of said. Southwest Quarter to the. point of beginning;. except the West 200 feet and the North 0a feet thereof; sold parcel.. containing 30.85 acres, more or less. a. Introduction & Discussion h: Public Hearing 5. discussion items [Old Business/New Business] 6. Adjourn NEXT SCHEDULED MEETING: ■ Planning Commission Meeting: July 5, 2017 at 7:00 p.m. City of Gem Lake Telephone: 651-147-2790 4200 Otter Lake Road E-mail: City2gem1akeM'N.org Gem Lake, MN 55110-3227 Websito: gemlakemn.org Planning Commission Meeting. Minutes x Tuesday, June 6, 2017 i Heritage Hall, 4200 Otter Lake Road Gem Lake, MN 1. Call to Order & fioll Call Chair Ben Johnson called the City of Gem Lake Planning Corarnisslo.n to order ata pproximateIV 7600 p.m. Members Present: Chair Ben Johnson.; -an d Comrnissioners Art Pratt; Derek.Wippich and pan Marier Staff. Present: Patrick Kelly, City Attorney, Tom Kelly, City Finance Director, and Jim Lindner, City Council Member Public Present: Kyle. Anderson, Lenore and .Tom Bolfing, Rick Bosak, Kathy Hoffman Brown, Len Cacioppo, Chrissie and Huck Cammack; Pete. and Val Cremin, Paul Emeott, Doug Erickson, Bret Gapp, Cheryl Gran Iund; Beth and Steve Herzog; GeorgeJungmann, Ken Kirchhoff, Connle. Kunin, Debra Larsen,.Jod.i Lorenz, Fritz Magnuson; Taylor McGuire, Isaac Nelson, Carolyn and Rich Nordstrom,. Richard and Roberta :Pientka, Craig.and:Kathy Rafferty, Tom Rasmussen, Steve Rowan, Brian Sauer, Carol and Dan Schacht; Tony Scornavacco, Bruce Shirley, Gary Tangwall and Jeff Tschetter: . 2. Approval ofAgenda/Minutes A. Agenda: Commissioner Pratt made .a motion. to approve the..June 2017 age n.d.a,. Commissioner Wippich seconded, agenda approved 4-0. B. Minutes: Commissioner Wippich made a motion to approve the meeting minutes for April, 2017, Commissioner Marier seconded, rninutes approved 4-0 B. Announcements Chair Johnson reminded the audience that the purpose of this public hearing was as an opportunity to 'share. opinions and voice concerns. The Planning Commission is an advisory board and votes taken are recommendations. The Commission reviews whatis presented and. shares those. findings with the City Council, These item for the June 6 meeting. will be..presented to the City Council as a Planning Commission report anal:will be discussed at the June 20, 2017.,.City Council meeting. He encouraged citizens to attend.and. share their opinions at that meeting. 4. Public Hearin A. Ordinance No. 131— PredatoryOffenders Excluded.frorn Various Locations Attorney.Kelly gave. an overview of the history .of the. predatory offender's ordinance in surrounding cities.. CoundImember Wippich ask about the legality as far as a church daycare and written permission. Attorney Kelly stated that a second look should be given to the written. permissi0ns, CounciImember Marier asked if an:offender wanted to live in Gem Lake, could they? Attorney Kelly, if they. m.eet. all the criteria. A motion was made by Chair Johnson to open the public hearing, seconded. by Councilmember Pratt, The hearing was opened at 7:19 p.m. 0, Erickson 25.Hillary Farm. Road, asked if itwas comet n to notify a corn rnunity if an offender was going to move 1n. Attorn ey Ke I ly. There. are.d'ifferent ieveIs of notification that :are addressed by the county and,state statutes.: State statutes does allow cities -to be more. restrictive.. P age 12: Cheryl Granlund, 3907 Tessier Road: This is not a. perfect situation; a rental property was on ? road and are offender lived there. The home has now been torn down. Taylor McGuire, 1365 Goose Lake Road: Inquired .abouttying background checks into the renta( application. The public hearing.was closed ;at.7:31 p.m. Commissioner Johnson made a motion to recommend approval of the ordinance with a review of the: language regarding to "church, CaunciImern ber Wippich seconded. Motion passe.d.4-0. 0. Consolidated Land Use Ordinance. City Counciilniernber Lindner and CommissionerJohnson gave an overview of the consolidated land use ordinance. The new ordinance is a combination of all the land use ordinances within the city. This ordinance will make it easier for landowners or potential developer to review ail the ordinance$ that have to do with land within the City of Gem Lake. The new ordinance will have hyperlinks. embedded in it to allow for an eas1er.sea rch process., eliminates some old language and: updates definitions. Each "district" has a definition and explains what the city envisions that district to. look like referencing the comprehensive plan. The .go.aI in updating the ordinance. is.to have it.agree with the comprehensive plan,. Commissioner Johnson made a motion to open the public hearing, seconded.by CounciIme.mber Pratt, the public hearing opened at 7:45 p.m. Fritz Magnuson, 21 Daniels Farm Road: The comp plan, has it. been written to agree with the new comp plan? Councilmember Lindner: Yes; however, it will be conflict with the. current plan for some time. Fritz Magnuson: The City will have the liability? Attorney Kelly: This. is a draft document. Fritz Magnuson: What is the time line for the camp plan? Coun.ciImember. Lindner: We are partnering with S.E.H. Commissioner Johnson: This takes into account the current camp plan. Tom Bolfing,.3930 Haven Lane: Do you have a section that has to do with density, town. house, Multi=family, villas? Councilmember Lindner: In..the Gateway, we have some non -conforming. lots, we need to make sure they are. covered. Rich Pientka, 39:70 Tessier Road: l was always under the impression you have to have 1/3 acre to build? is this going to impact those with less than-1/3 of acre; P. Emeott: 60%; size of parcel, water is not.a requirement. Mike Bruggeman, 39.99 5cheunem.an Road.: 'When is. this supposed to be voted on? CommissionerJahnson. The .co mmittee.has been working on this for 18 months, a recommendation comes fro m'the.P.lanning Commission, Councilmember Wippich: Is there anything in this,.this is general, still controlled by the: Gateway. Councilmember Lindner: Just makes it.. more Nearly defined.. The public Bearing was closed: at 8;15 p.m. A motia:n was made by ComrnissionorJ.ohnson, .seconded by Commissioner Wipp.ich to table the. Land Use Ordinance till the -next Planning Commissioning meeting; Tuesday, July S. Motion passed (4-0}'and the item was tabled untill July 5, 2017. Note was made that if anyone was interested in having the document mailed .to .them leave their name and address, hard copies are available at City Hall, the document will be available on the city's web site, C. Consider the purchase of real. property by the City of Gem Lake for open space and future development Commissioner Johnson gave an overview of Consideration of the .purchase of real property situated in Ramsey County, Minnesota by the City .of Gem Lake from Hansen Investments, LLC, The portion being consideredis west of Daniels. Farm Road, north -of County Road: E. The Planning Comimission makes recommendations on zoning and takes into consideration.the.long terra outlook for the city. Finance Director Tom Kelly.is-he re. to answer questions on the financing..A question City of Gem Labe Telephone; .65.1-747-27.90. 4200 Otter Lake.Road E-mail: City cz VmlakeMN.org Gerd Lake, MN 5511.0-3227 Website; gemlakeirm.org rage 13 has come up, about the:gateway district,. inAhe [and use ordinance; which states that this can be park space. We are not. voting on.thisy. or if this a good deal; this.is a [and use item. Attorney Kelly: The city has not en.te.red into"a purchase agreement, it has not been executed. Cities. have statutory authority to just buy land. T.he City has ordered an appraisal. Tonight the planning co rn m.iss io i1 is reviewing this, is this the proper use and consistent with the comp plan, The Planrsing Commission is charged to see if the 10 acres is consistent with the comprehensive plan for the City of Gem Lake, Tom Kelly: If the purchase would go thru; which its voted on by the City Council, the entire parcel would be.purchased; the park portion purchased by a Cb, then the rem.a.ining property wou.Id be sold. to a developer, proceeds of the sale of the remaining property would he pay off the CD, The bond issuance would be 15 years, tax a bate ment.bonds. If we didn't sell the property and. your home has a. market value of $150,.000, currentlyyou r property tax is $519.07, your taxes would. go. .up to $574.. If we sold the property and you have a $150,000 home, your taxes -are currently $519.07, your taxes would be.$533.81 if 20.hom..es were constructed at a val.u.e of $400,000 per home. If you have.a $400,006 home and your taxes are $1,639.34 and no homes were constructed, your property taxes would be $1;813.55. If.the citysold the property and 20 homes were .built at a value.of $400,000, your property taxes would..be.$1,585.89, a $50.00 increase. Doted that this.portion is. still up in the air. Commissioner Wippich :asked..if we are abandoning the Gate.way.? ido. Commissioner Marier: How can my kids get. into the park? Commissioner Wippich: We don't:have.a park plan or master plan? Commissioner Marier: Where. did this corhe.from? Attorney Kelly: We are trying in good faith to. resolve this property, no purchase agreement has been signed, trying -to res.olve.this issue of density,. also issues with wetland. Cities have to move in one direction or another. Commissioner Mader We are not landowners.. A motion was made by Corn missi0.nor Johnson; seconded by Commissioner Marier to open the public: hearing. The hearing opened at.8:55 p.m; Jeff Tschetter, rental property 3930 5cheun6man Road: This: is consideration? Carol.Schact,1201 Little -fox Lane: Not ❑pposed.toTom Hansen, opposed to city purchase and park. Connie 1Cunin, 1270. Goose Lake Road: I have not seen a map of the park,. do we have a rendering of the park, who are the nearest homeowner(s)?. The city has never purchased land before. Brian Sauer; 28 Hillary. Farm Lane: Why are we separating the cost from the consideration? Are there. costs associated with a park? Commissioner Johnson: Does this make sense for use of the land, the goal here isto talk about the land use, What does the city want? Deb Larsen,:3945 Tessier Road: This is prime commercial development, why not consider this piece of. property commercial? Corn m.issione.r.Johnson: This is mixed use. Cheryl Gmnlond, 390.7 Tessier Road: IC Systems wanted to.build;on the Hansen property, it was turned down, Pete Cremin, 3920 Haven Lane: Opposed. John 5ni.darich, 1501 Goose Lake Road: What is the next step? Commissioner Johnson: We are an advisory.. committee. Craig Rafferty, 3750 Big Fox: I've resigned that the council pays no regard. to the Planning Commission, is there any.logic to the city buying it then using the. Putnam plan? Jodi Lorenz, 1295 Goose Lake Road: What about Hoffman's Co.rner's. Commissioner Johnson: Hoffnian's Cbrners is owned by multiple owners. Jeff Tschetter, 3930:5cheuneman Road- 0 pp9sed. Brad Nayler, 1530 Goose Lake Road: works at the: Golf Course; was on the Planning Commission for another city, I've been to two city council meetings, it.'s:not the whole council; it's the Mayor;.whose property is being. protected;. it's the Mayor. Mike Bruggeman, 3999 Sche.0 ne m a n. Roa d: opposed.. Cheryl GranIund:. Question about property owners abated. Tom Kelly:- Whenever there is a new develoONent.the city:can require a Ian d:owner :to dedicate park land. CommissionerJohnson closed the public heating at 16:00 P.M. We've received a lot of good feedback.. City of Gem .Lake Telephone: 651=747-2790. 424.0 Otter Lake Road. E-mail: City@gemlakeMN.ore Gem.Lake,. MN 55110-3227 Website: gemlakemn.org Pa&,e j4 CarnmissionerJohnson made a motion to recommend that the city proceed with the purchase, seconded.by Cot missio0er Pratt.. Voice Vote: Commissioner Wippieh: Plan is not consistent With the gateway, no park zone with.intent, not consist with land intent; "No" vote. Commissioner Pratt: Not consistent with comp. park plan, doesn't appeal to all, "No" vote. Commissioner Master: Lack of clarity, way more questions to be answered, "No" vote. CommissionerJohnson: Proposed use of the property meets. the fend use goals and Met Council requirements fib r open space and long-term planning. "Yes" vote. Motion does not carry (1-3j a.nd the. Planning Commission does. not recommend the city purchase the described real property. Discussion Items. Old Business & New Business None on the agenda S. Adiourn Upon motion by Commissioner Wippich, seconded by CoMMIS-stoner Pratt, the June 2017 Planning Commission meeting was adjourned at approximately 10:04 p.m. (4-0) City of Gern Lake Telephone: 651-74-7-2790 4200. Otter Lake Road E-mail:. City rC erh!AeMN.or� Gem Lake, MN 55110-3227 V,Website: gemlakemn.org CITY OF Gem Lake ORDINANCE NO. 13.1 Section 1. PURPOSE: The City of Gem. Lake considers the. safety of its residents, its children in particular,. to be of critical importance and'the potential threat of designated predatory offenders in close proximity to there to be an unacceptable risk.. This chapter is intended.to exclude sex offenders and predators from locations throughout the City of Gem Lake to help protect.the welfare and safety of the residents. and reduce the risk.presented by the presence of predatory offenders in close proximity to the public, children in particular, in areas that the City has control over. DEFINITIONS: a. Predatory offender: A person who is required to register as,.apredatory offender under Minn. Stat. 2243.166., A predatory offender shalt not do any of the following: a. Be present upon or within 1000 feet of any school, school bus stop, church, place of worship, Public Park or city easement or public wooded or open space or any public trails, as well as any public fishing piers. b. Be present on or in any vehicle `or other conveyance owned, leased, or contracted by a public:or nonpublic elementary or secondary school without the written permission of school administrator or school administrator's designee when the vehicle is in use to transport students to or,from a school or school -related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as .a form of public transportation. c. Be present upon the real property of a child care facility without the written permission.of the child care,facility administrator. d. Be present upon or within 1.000 feet of the real property boundary of a child care facility: e. Operate, manage,. be. employed by; or act as a contractor Or volunteer, or attend or participate in any publ or private fair or carnival E Be present upon or within 1000 feet of a senior facility; assisted living facility or lining facility for disabled individuals. EXCEPTIONS: A predatory offender: a. Who is the parent or legal.guardian of a minor shall not be in violation during the period of time reasonably necessary to transport the offender's own: minor child or ward to or from a place specified. b. Who is legally entitled to vote shall not be in violation for the period of time reasonably necessary to exercise the right to: vote in a public election. CRIMINAL PENALTIES: Any persona violating any provision of this ordinance shall, upon conviction, be guilty of a.misdemeanor. Section.2. This Ordinance shall take effect and be in full force from and after its passage and publication. Mayor Attest:. City Administrator Adopted this day of CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDIANCE NO. XXX. AN ORDINANCE ESTABLISHING REGULATIONS OF STORM SEWER USE (ILLICIT DISCHARGE AND CONNECTION ORDINANCE) THE CITY COUNCIL OF THE CITY OF. GEM .LAKE ORDAINS: SECTION .I. PURPOSE AND INTENT. The purpose of this ordinance. is to.provide for the health, safety, and general welfare of the citizens of the City of Gem .Lake through the regulation of non -storm water discharges to. the. storm drainage system to the maximum extent -practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system. (MS4) in order to: comply with. requirements of the National P..ollutant.Discharge Elimination. System (NPDES) permit process. Theobjectives ofthis ordinance. are - A. To regulate the contribution of pollutants:to the M54 by storm -water discharges by arty user: B. To prohibit. illicit connections and discharges to the M.S4. C. To establish legal authority to carry out all inspection,:surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. .SECTION i. DEFINITIONS. -For the purposes of this ordinance; the following. shall mean: Authorized.Enforcement Agency. Fmployees.or designees of the City of Gem.Lake. designated to enforce. this ordinance. Best Management Practices (BMPs). Schedules of activities, prohibitions of.practices,.general.good housekeeping practices, pollution.prevention.and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of.pollutants directly or indirectly to storm. water, receiving:waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or: leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act. The federal. Water Pollution Control Act (33. U.S.C. § 125.1 et seq.),.and any subsequent amendments thereto.. Construction. Activity. Activities subject. to NPD.ES Construction.. Permits. Such activities include b.tq. are not Iimited..to clearing arid: grubbing,grading, excavating, and demolition. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of Its. quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to. a:substantial present or potential hazard to human health, safety., property, or the environment when. improperly treated, stored; transported, disposed of, or otherwise. managed. Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain system, except as exempted in Section: 8. of this ordinance. Illicit Connections. An.i11icit connection is defined as either of the following . Any drain or conveyance, whether on the surface or subsurface that allows an 'illegal discharge to enter the storm drain system including but riot Iimited.to any conveyances that allow Any non -storm water discharge including sewage, .process wastewater, and wash water to enter { the storm drain system and -any connections to the. Storm drain system fiom:ind.00r drains: and. sinks, regardless of whether said drain or connection. had been previously allowed,permitted, or approved by an authorized enforcement agency or, iL Any drain or conveyance connected.from a commercial or industrial land use to the storm drain system that has not .been documented. in .plans,. maps, or equivalent records. and approved by ;an. authorized enforcement. agency. Industrial Activity: Activities subject to NPDES Industrial Storm Water Permits. Municipal Separate Storm Sewer System (M84). The system of conveyances. (including sidewalks, roads with .drainage systems, municipal streets, catch .basins, curbs, gutters,,:ditches, man-made channels, or storm drains) owned and operated by the. City ofGem Lake and.. designed or used for collecting or conveying storm water; and that is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System (NPDES.). Storm Water Discharge Permit. A permit. issued by. EPA (or by a State under authority: delegated pursuant to 33 CSC § .1342(b)) that authorizes the discharge of pollutants to waters. of the United .States,. whether the permit is applicable. on an individual, group; :or. general area -wide basis. Non -Storm Water Discharge. Any discharge to'the storm drain system that is not composed entirely of storm water. Person.. Any individual,. association, organization; partnership, firm,corporation or other: entity recognized by law and. acting as. either the owner or as the.. owner's agent. Pollutant. Anything which causes .or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive. fluids;. non -hazardous liquid. and solid wastes and yard wastes; refuse, rubbish, garbage; litter, or other discarded or abandoned objects, ordinances, and accumulatians, so that same may cause. or contribute .ta pollution;: floatables; pesticides, herbicides, -and fertiIizers.; hazardous substances and wastes; sewage, fecal coliform.and pathogens; dissolved:and particulate metals; animal wastes; wastes and residues' that` result from 'constructing. building or:structure ; and noxious or offensive rrmtter of any kind.. Premises. Any building,: lot, parcel. of land, or portion of land whether improved or unimproved including adjacent sidewalks. and parking strips. Storm Drainage System. Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to.any roads with drainage. systems,. munic ipal streets; gutters, curbs, inlets, piped storm: drains,. pumping facilities, retention and detention basins,. natural and Human -made or altered. drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, .and -drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Management Plan.. A. document which describes the Best Management Practices :and activities:to.be implemented by a person or business to:identi.fy sources. of pollution gr.c.ontamination at:a site :and the actions to eliminate.or reduce -pollutantdischarges to Storm Water, .Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. SECTION 3. APPLICABILITY. This ordinanceshall apply -to, all water entering the storm drain system generated on any developed and undeveloped .lands unless explicitly exempted by the City of Gem Lake, SECTION 4. RESPONSIBILITY FOR ADMINISTRATION. The City of Gem: Lake :shall administer, implement, and enforce. the. provisions of this. ordinance. Any powers granted or duties imposed. upon the City of Gem.Lake.may be delegated in writing by the. Gem. Lake. City Admin.istrawr .of the City of Gem Lake to persons or entities acting in the beneficial interest of or in the employ of the City of Gem Lake. SECTION S. COMPATABILITY WITH OTHER REGULATIONS. This ordinance is not intended to modify or repeaLany. other ordinance, rule, regulation; or other,provision. of.law. The .requirements of this ordinance are in addition to the requirements :of any other,ordinance, rule, regulation, or other provision of law, and where. any provision of this ordinance imposes restrictions:differeiit froin those% imposed by any other ordinance, rule, regulatiari; or other provision of law, whichever provision is more restrictive. or imposes higher protective standards for. hurrian health or the environment shall control. SECTION G. SEVERABILITY. The provisions of this ordinance are hereby .declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any.person, establishment, orcircumstances shall. beheld invalid,.such invalidity. shal I not affect the other provi sions or application of this ordinance. SECTION 7. ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to. this ordinance are minimum standards; therefore this. ordiriance.does not intend or imply that compliance by any person will. ensure that there will be no contamination, pollution,.or unauthorized discharge of pollutants. SECTIONS. DISCHARGGE PROHIBITIONS. 8.1 Prohibitionof.IIlegal Discharges:. 8.1..1 No.person shall directly or indirectly discharge.; cause, or allow others. under its control to directly or indirectly discharge:.into the MS4 any pollutants or waters containing any pollutants, other than. storm water. 8.1:2 The commencement, conduct or continuance of any illegal discharge to the.storni drain systern is. prohibited except as described as follows: a. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape .irrigation,.diverted stream flows, rising ground.. waters, uncontaminated ground waterinfiltration, uncontaminated pumped ground water, discharges .frorn potable water sources; foundation drains, air conditionirig condensation, irrigation water; springs., water from crawl space :pumps, footing drains, ]awn watering, individual residential car washing, flows -from riparian habitats and wetlands, de -chlorinated swimming -pool discharges, and street wash water. b. Discharges or flow from firefighting, and other diikharges specified in writ'ing.by.the City of Gem Lake as being necessary to protect public health and safety, c. Discharges. associated with dye testing; however this activity requires .a verbal notification to the City of Gem Lake prior to the time of the test.. d.. The prohibition shall not apply to any non -storm water discharge permitted under an NP.DES permit, waiver, or waste discharge order issued to the discharger and administered: under the.authority of the United States. Environmental Protection Agency (EPA); provided that the discharger is in full compliance with, all requirements of the. permit, waiver, or order and other appiicable. laws: and regulations;.. d provided that written approval has been granted. for any discharge to the storm drain system, 8.2 .Prohibition of.Illicit Connections. 8.2..1 The construction, use, maintenance or continued existence of illicit connections to the storm drain system.is prohibited. 8.2.2 This prohibition expressly includes, without limitation, illicit connections:rnade .in the past, regardless of whether the -connection was permissible under law or practices applicableorprevailing at the time of connection.. 8.2.3 A person is considered. to be in violation of this ordinance if the person: connects a line conveying sewage to the MS4, or allows such a connection. to. continue. 8.2:,f Improper connections in violation :of this ordinance must be disconnected and redirected, if necessary, to. an approved onsite wastewater management system or the sanitary sewer systern upon approval of the City of Gem Lake.. 8..2.5 Any drain or conveyance that .has not been documented in plans, maps Or equivalent; and which may be connected to the storm sewer system, shall be. located by the owner or occupant of that property upon receipt. of written notice of violation from the City of Gem Take requiring that such locating be 4 completed, Such notice will specify a reasonable time period within which the locationof the drain or conveyance, is to be determined, that the drain or conveyance be identified as storm sewer, sanitary .sewer or other, and.thatthe, outfall.location or point of connection to the storm.sewer.system, sanitary sewer system or other discharge point be: identified. Results of these investigations are to be documented: and. provided to the City of Gem Lake. SECTION 9. WATERCOURSE PROTECTION. Every person owning propertythrough which a watercourse. passes .and/or contains...a stormwater inlet or catch basin, or such persons: lessee, shall keep. and.maintainthat part:ofthe watercourse and/or stor.mwater inlet or catch basin within the property free of trash; debris, excessive vegetation; another obstacles that would pollute, contaminate,. or significantly retard the flow of water through the watercourse. In addition; the owner or lessee shall maintain.existing privately owned structures within or adjacent to a watercourse, so that. -such structures will not become a hazard to the use, function, or physical integrity of the watercourse. SECTION 10. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Submission of. Notice of Coverage/Authorization to the City .of.Gem Lake. 10.1 Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such:permit, Proof of comptiance with said permit maybe required in a form acceptable to the City of Gem.Lake prior to.the:alIowing of discharges to the MS4. 10.2 The operator of a facility, including: construction .sites, required to have. an NPDES permit to discharge storm water: associated with industrial or.construction.activity shall submit a copy of the coverage.notification or notification of permit authorization to the City of Gem Lake. 10.3 The copy of the coverage. notification or notification of permit authorization may be delivered to the City of Gem lake either .in person. or by mailing it to: City of Gem .Lake 4200 Otter Lake Road Gem Lake, MN 55110 10.4 A. person commits. an offense if. -the person.. operates a facility that is discharging storm water associatedwith industrial or .construction.activity without having. submitted a copy of the coverage notification or notification of permit authorization to do: so to the. City. of Gene Lake. SECTION 11. COMPLIANCE MONITORING. 1.1.1 Right of.Entry: Inspection and Sampling. The City of Gem. Lake %shalI be permitted to enter and inspect facilities subject to regulation under this .ordinance as often as may be necessary to determine compliance. with this ordinance. 11.1.1 If a discharger has security measures .in force which require proper. identification and clearance before entry into its premises, the. discharger.shall make the necessary arrangements to allow access to representatives of the City of Gem Lake. 11.1.2 Facility operators shall allow the City of Gerh Lake ready access to all parts of the. premises for.the purposes of inspection, sampling, examination and. copyingof records that must be kept under the conditions. of an NPDES permit to discharge storm water, .and the performance of any additional duties as defined by state and federal law. 1.1.1.3 The City of Gem Lake .shall have the right to set up. on any.p.ermitted facility such deices as. are necessary in. the opinion :of the City of Gem Lake to conduct monitoring,and/or sampling of.the. facility's storm water discharge. 11.1.4 The City of Gem. Lake has the. right. to require.the discharger to install monitoring equipment as necessary, The.; facility's sampling and monitoring equipment. shall be. maintained at all times in a safe and proper operating condition by the. discharger. Sampling and monitoring activities and.equipment, including installation, maintenance, and removal shall be at the discharger's own expense: All devices used to measure storm water flow and quality shall. be calibrated to ensure their accuracy, 11.1.5 Any temporary or permanent obstruction to safe. and easy access. to the facility to be inspected and/or sampled shall be promptly .removed by the: operator at the written or oral request of the City of Gem Lake.and.shall not -be replaced.: The costs of clearing such. access: shall be borne by the operator. 11.1.6 Unreasonable delays in allowing the City.of Gem Lake access to a permitted.facility is a violation of a storm water discharge. permit: and of this ord..inance. A person wh❑ is the operator of a facility with an.NFDES permit to discharge storm water associated with industrial:or construction activity commits .an offense if the person denies the City of Gem Lake. reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this .ordinance: { I`1.2 Search. Warrants. If the. City of Gem lakehas been refused access to any part of the: premises from which storm water is :discharged, .and he/she is able to demonstrateprobable cause to believe that there:.may be.a.violation. of this ordinance, or that there is a need to inspect.and/or sample. as part of routine inspection and. sampling program designed to verify compliance -with this. ordinance or any order issued. hereunder; or to protect. the overall .public Health, safety,. and welfare.of the community, then the City of Gem lake may seek issuance of a search warrant from any court of competent jurisdiction.. SECTION 12. REQUIREMENT TO PRE, V.ENT, CONTROL, AND REDUCE. STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The owner or operator of any.acti.viry, operation, o.r..fa. it . which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States shall provide, at :their own expense, reasonable protection from accidental discharge of -prohibited materials or other wastes into .the municipal storm drain system or watercourses through the use of structural and non=structural Best Management Practices. Further, any person responsible. for a property or premise .that is;, or may be, the source of an illicit :discharge, may required to implement, at said.person's expense, additional structural and non- structural BMPs. to prevent the further discharge. of pollutants to the MS4. Compliance: with all .terms and conditions of a Valid NPDES permit -authorizing: the discharge. of storm water associated with industrial or construction activity, to the extent practicable, .shall :be deerned compliance with .the.provisionsof this section. These BNIPs shall be partof a Storm Water Management Plan .(SWMP) as necessary for compliance with requirements of the NPDES pen -nit. SECT.I.ON I3.. NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon a& any person responsible for.a..facility or operation; or responsible .for emergency response for a facility or operation has information of any known or suspected release of materials which are :resulting or may result in illegal discharges or pollutants .discharging into: storm water, the storm drain system, or waters of the. United States, said person shalI take all. necessary steps .to ensure the discovery, containment, and cleanup of such- release, at. their own expense. In the; event of such a release of hazardous materials said person shall immediately notify emergency: response agencies.. of the occurrence via emergency dispatch services: In the event. of a release of.non-hazardous: materials, said person shall notify the. City ofGern Lake in person or by phone. -or email no later than the next business day.. Notifications in'person or by phone shall be confirmed by written notice addressed..and mailed to the. City of Gem .Lake within two (2) business:days of the phone notice::i.f the discharge of prohibited materials emanates from a commercial or. industrial.: establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and. the actions taken to prevent its: recurrence. Such records shall be retained for at least three (3) years. )y ailure to provide. notification of a release as provided above is a violation.of this ordinance. SECTION 14. VIOLATIONS, ENFORCEMENT, AND PENALTIES. 14.1 Violations. It shall be unlawful for any person to violate. Any provision or.faiI to comply with any of the`requirements of this ordinance. Any person who has Violated or continues to Violate the. provisions of this ordinance, may be: subject to the enforcement actions :outlined in this section or may be restrained by injunction. or otherwise abated in a.nranner provided by law. In the event the violation constitutes an. immediate. danger to public health or public safety, the City of Gem Lake is authorized to enter .upon. the;subject private.property, without giving prior notice, to take .any and all measures.necemary to. abate the violation. and/.or restore the. property. The City of Gem Lake is authorized to seek costs of the abatemeiit.as outlined in Sectiar:2'J 14.2 Warning Notice. When the City of Gem Lake firids.that any person has violated, or continue..s:to. violate, any provision of this ordinance, or any:order.issued hereunder, the City of Gem fake may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to iftitnediately investigate the matter. and. to seek a resolution Whereby any offending. discliarge will cease:. Investigation and/or resolution of the matter .in response. to the Warning Notice in no way relieves. .the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice .Nothing .in this subsection shall .limit the..authority of the: City of Gem Lake to take any action, including emergency. action or any .other enforcement action,. without first issuing.a. Warning Notice. 14.3 Notice of Violation. Whenever the City. of Gem -Lake finds that a persori has -violated. a prohibition or failed to meet a requirement of this Ordinance, the City of Gem Lake may .order compliance by written notice of violation to the responsible person. Such notice may.,require without limitation, at their own expense: a. The performance of monitoring, analyses, and.reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices,. or. operations shall cease and desist; d: The abatement or remediation .of storm water,pollution or contamination hazards and the. restoration of Any affected property; and e, :Payment of a, fine to cover administrative and remediation costs.; and f The implementation of source. control .or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the. notice shall set forth a: deadline within which such remediation or restoration must be -completed. Said notice. shall further advise that, should the violator fail to remediate or restore within the established. deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. SECTION 15. COSTS. In additionto the other penalties .provided herein, .the City of Gem Lake may recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation or enforcement by an appropriate.action against the:person Or entity found to have violated this ordinance or the orders, rules, regulations,. and permits issued hereunder. SECTION 16. SUSPENSION OF MS.4 ACCESS. 16.1 Emergency Cease and Desist .Orders. When the .City of Gem .Lake finds that any person has violated, or.continue.s to violate, any provision of this ordinance, or any order issued hereunder, or that the person's past violations are, likely to recur, and that the. person 's violations) has (have} caused or contributed to. an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Gem Lake may issue:. an order ta:the violator directing it immediately to cease and desist all such violations and directing the violator to: A. Immediately comply with all. ordinance requirements; and b. Take such appropriate preventive action. as :may be .needed to. properly address a.continuing or threatened violation, including immediately halting operations :and/or terminating the.discharge. 16.2 Any. person notified of an emergency order directed to it under this Subsection: shall immediately comply and stop or eliminate its.. endangering discharge: In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the City of Gem Lake may take such steps. as deemed necessary. to prevent or minimize harm to. the .MS4 or waters of the. United States, and/or endangerment to persons or to the. environment, including immediate termination of a_ facility's water supply, sewer connection, .or other municipal utility services. The City of .Gem Lake may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City. of Gem. Lake. that the period of endangerment has passed; unless further termination proceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangennent.shalI submit a detailed written statement, describing the causes of the harmful :discharge and the..measures,taken to prevent any future. occurrence, to the City of Gem Lake within five (5). days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the. violator. 16.3 Suspension due to Illicit Discharges in Emergency Situations. The: City of Gem Lake may, without prior notice, suspend MS4 discharge access to a person. when such suspension is. necessary to stop an actual or threatened discharge which presents or may present imminent and substantial :danger to the environment, or to the health or welfare of persons, .orto the .MS4 or waters of the United States. If the violator fails to comply with a suspension. order issued in an emergency,. the City of Gem Lake may take such: steps as deemed. necessary:to prevent or minimize daniage.t.0 the MS4 or waters of the United. States,...o.r to mini mize..danger to persons. 16.4 Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this ordinance may have'their MS4. access terminated if such termination would:abate or reduce all illicit discharge. The: City of Gem Lake will notify a Violator of the proposed termination .of its M84 access. The violator may .petit'ion the City of Gem Lake for a reconsideration: and hearing. 16.5 A person commits an offense if the person.reinstates MS.4 access to premise terminated.p.ursuant.to this Section, Without the prior approval of the City. of Gem..Lake. SECTION 17. CIVIL PENALITIES. In the event the alleged violator fails to take the .remedial Measures set forth in the notice of violation. or otherwise fails to cure the violations described therein within. ten (10) days, or such.greater period. as the City of Gem Lake. shall. deem appropriate, after the City of Gem ]lake has:taken one or more of the actions described above, the. City of Gem Lake may. impose a penalty not to exceed $ 1,000.00 (depending on the severity of the violation) for each day the violation. remains .un-remedied after..receipt of the notice. of Violation.. SECTION 18. CRIMINAL PENALTIES: Anyperson violating -any, of the provisions of this Ordinance shall. be guilty of a misdemeanor and upon conviction. thereof shall be punished by a fine of not .rrmre than $ I ,000.0Q orby imprisonment for not to exceed ninety.(.90) days or both. SECTION 19. APPEAL OF NOTICE :OF VIOLATION. Any person receiving a Notice of Violation may appeal the determination of the City of Gem Lake. The notice of appeal must be received within thirty (30).days from the date of the Notice of Violation, ,except in the instance where a .Cease and Desist Order is issued as.described in "Jiu then the notice of appeal:mustbe received within ten (10) days from the date of the Cease and. Desist Order. Hearing on the, appeal before the.appropriate.authority or his/her designee shall take place within thirty.(30) days. from the date of receipt of the notice.of appeal. The decision of the municipal authority or their designee shall be final. SECTION 20. ENFORCEMENT MEASURES AFTER APPEAL. If the violation has not been corrected pursuant to the.requirements. set forth in .the Notice of Violation, or; in the event of an appeal, within ten (10) days of the. decision of the municipal authority upholding the:decision of the City of Gem Lake, then representatives of the.City of Gem Lake. shall enter upon the subject private property and are. authorized. to take any and al measures necessary to abate the violation andlor restore the property, It shall be unlawful for any person, owner, agent or ;person in possession of any..premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes -set forth 'above. SECTION 21. COST OF ABATEMENT OF THE VIOLATION. Within forty-five (45) days after abatement of the violation, the owner of the: property will .be notified of tiie cost of abatement,. including administrative costs. The.property owner may Fiile a written protest objecting to the amount of the assessment within thirty (30) days.. If thezinount due is not paid within a timely manner as determined by the decision ofthe..municipal authority or by.the expiration of (lie time in which to file an appeal, the charges skull become a special assessment against the property and shall constitute a lien on the. property for the amount of the assessment: Any person violating any of the provisions of this article skull become liable to the City of Gem Lake by reason of such violation. The liability shall be paid in not more than twelve(.12) equal payments. Interest .at the rate of eight (8) percent per annum shall be assessed on the balance beginning on the first day following discovery of the. violation. SECTION 22. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes. and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and: is declared and:deemed a nuisance, and may be summarily: abated or restored at the violator's expense, and/or a civil action to abate; enjoin, or otherwise compel the:cessation of such nuisance may be taken. SECTION23. REMEDIES NOT EXCLUSIVE. The. remedies listed. in this ordin.ance:are. not exclusive of any other remedies available under any .applicable federal,. state or locallaw and it i8,within the discretion of the authorized enforcement agency toseek cumulative. remedies. The City of Gem Lake may recover all attorney's.fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. SECTION 24. EFFECTIVE DATE. This ordinance.shall take.effect and be in force from and after its passage and publication. Dated: , 2017 Robert Upzen -- Mayor William Short _ Clerk Summary of Ordinance XXX approved by City Council and..published in the White. Bear Press on 2017. PURCHASE AGREEMENT THIS AGREEMENT. is made on May _,, 2017.between.Hansen.Investrnents, LLC, a M rmesota limited liability company (''Sellee') and City.of Clem Lake, a municipal corporation. in Minnesota ("Buyer"), In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Pro'O. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the vacant real estate located.on the north side of County Road "E" in the city of Gem Lake, .County of Ramsey, state of Minnesota, legally described in Exhibit A: attached. hereto and consisting of approximately 7.24 acres (the "Property"). The Property is a part of the tax identification number (i.e. PIN) 27.30.22.33.0005 which includes additional. acreage also. being purchased by the City under a separate purchase agreement. 2, Purchase. Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid.by Buyer to Seller for the Property shall be Four Hundred Forty Thousand Five Hundred and No/100.($440,500,00) Dollars. The Purchase Price shall be fixed and shall. not be increased or decreased based on the actual number of acres, amount of right. of way or the amount of Wetlands located on the Property. The Purchase Price shall be payable as follows: (a) $1,00 as earnest money ("Earnest Money"), to: tie deposited in escrow with Land Title Company, 2200 County .Road I-CII West; Suite 2205, Roseville, Minnesota 551.13 (the `Title Company"). At closing the Earnest Money shall be applied towards the purchase price of the Property. If this Agreement is terminated by the Buyer or Seller as provided in this Agreement,. the Lamest Money shall be refundable. as hereinafter provided. ` (b) The balance of the Purchase Price in the sum of $440,499.00 shall be paid in Cash. The balance of the purchase price plus any Buyer related closing costs shall be wire transferred to the Title Company. 3. Biwer's Contingencies. The obligations of Buyer to close this Agreement are contingent upon each of the Following: (a) Bonding for Purchase Pn�c_, Buyer's procurement of approval by publication of notice of the issuance of and the sale of general obligation. bonds in an amount sufficient to fund its purchase of the Property by the Contingency Date as defined below, (b) Tit1e. Title shall have been found marketable, or been made marketable, in accordance with the requirements and.terms of Section 7 below. (c) Performance of Seller's Obligations- Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (d) Access: Seller shall allow Buyer,. and Buyer's. agents, access to the Property without charge at all reasonable times for the purpose of Buyer's surveying, investigating and testing the.Property. Buyer shall pay all costs and expenses of such activities and shall hold Seller and the Property harmless from all. casts and -l- m liabilities relating to Buyer, Buyer's agents or any companies engaged by Buyer to complete activities on the Property: Buyer and its agents when entering. the Property shall use when possible the existing entrance on. the east. side.of the property just north of County Road E on the Daniels Patin Road. Buyers and its agents shall. also use the existing pathways on the Property in. order to minimize damage to the tenant's crop areas, When possible., Buyer shall perform any tests. on the network of pathways on the Property rather than the areas containing any standing crops. Buyer further agrees to repair and restore Any damage to the Property caused by or occurring during Buyer's testing and return the Property to substantially the same condition as. existed prior to such entry, and shall defend; indemnify and hold Seller harmless from all clairi�s and liabilities relating to the Buyer's activities including Seller's attorney's fees and costs (excluding .liabilities. arising from discovery of any Hazardous. Substances vn the Property).. Buyer will furnish to Seller a copy of any test results,.reports.,environmental investigation reports survey, wetland delineation andany other documents prepared with respect. to the Property. Buyer shall retain ownership of any such reports except. as otherwise provided herein. Prior to entry to perform any testing and investigation; Buyer shall give Seller 48 hours advanced. notice. Buyer and any other:companies. engaged by Buyer to inspect, test, survey, etc. shall. carry Commercial geneM liability.insurance, providing. coverage on an "occurrence",.rather than a "claims made" basis, which policy or policies shall include coverage for Bodily Injury, Property Damage and .Personal Injury in current Insurance Services Office form or other form which rovides coverage atleast as broad with a combined policy limit of at least - $$2,(]a4,ppU-Q4 applying to Bodily Injury, Property Damage and Personal Injury; which limit may be satisfied by Buyer's basic policy, or by the basic policy in combination with.umbrella or excess policies so long. as the coverage is at least as broad as (hat required.herein. Such liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit stated above; and provided. further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become reduced or exhausted. Buyer and any outside companies. engaged to perform inspections, testing, surveying, etc. shall prior to entering upon the. property furnish to Seller a certificate of insurance. narriing`Seller as an additional named insured for liability purposes. The obligations of.Buyer under this entire paragraph (d) shall survive closing and/or termination of :this Agreement. (e) Environmental. Test. Buyer shall complete all testing and inspections .Buyer deems necessary within Forty -Five (45) days of final acceptance of this Purchase Agreement, If Buyer fails to complete said. testing within said time period, ,Buyer shall be deemed to have waived this. contingency. The "Contingency Date" shalt be. Forty -Five (45) days after the final acceptance of the Purchase Agreement by all patties: If any contingency has not been satisfied to Buyer's satisfaction before the Contingency Date, Buyer may terminate this agreement by serving written -notice on Seller prior to midnight of the Contingency Date. If Buyer fails to provide notice of termination on or before midnight.of the Contingency. Date, Buyer shall be deemed to have waived all, rights to terminate this:agreement for an.y.contingency except for lack:of marketable title caused by Seller's actions or anyone associated or related to Seller. In the event that Buyer shall. terminate this Agreement on or before midnight. of the Contingency Date for any of the contingencies. set forth above, the Earnest .Money shall be returned to.Buyer upon providing .Se11er with an affidavit setting -2- forth a list of all services, proof of payment or lien waivers for any lienable services, and a quit claim deed. if the Purchase Agreement is not terminated by Buyer on or before the Contingency Date, thereafter the Earnest Money shall be.non refundable unless Seller is. unable to convey marketable title, i)'pon termination of this agreement, neither party will. have any further rights or obligations regarding this Agreement or the Property except as to Seller's right to enforce Buyer's obligations under any guarantees and indemnification agreements. All the contingencies set forth in this Agreement are specifically stated and agreed by the parties.. if Buyer sloes not terminate the Purchase Agreement. on or before the "Contingency Date" and fails to Close this txansaction,..Seller tray serve Thirty (30) days notice and cancel this Agreement and all .of the.Earnest Money paid shall be retained by Seller as iiquidated.damages.. 4; Seller's Contin encies. The obligations of Seller to close this Agreement are contingent upon each of the following: (a) Representations and Warranties. The representations and warranties.of Buyer contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. (b) ancellation of Purchase A Bement with Landmark Gem Lake LLC. Seller's obligation to. perform shall be contingent upon Seller's successful termination of Landmark Gem Lake LLC's`purchase agreement dated.October 19, 2015 as .amended on August 22, 201b. (c) Bu er Closing SiM_ultarxeousiv on the rurcnase vs tints PU U60114 .,.0., rl.._k'01 Seller's obligation to perform under this Agreement shalf be contingent upon Buyer simultaneously closing on the. adjacent 10.85 acres of property also owned by Seller pursuant to the terms of a Purchase agreement dated the same date as this Agreement for the purchase of the property described in Exhibit "C" attached hereto. 5. Closina Date_. The clasit►g of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before August,/; 2017. The Closing shall take place at the office of the Title Company or at.such other place as may be agreed to by the parties. Seller agrees to deliver possession of the Property to Buyer on the Closing Date subject to the 2017 Farm Lease. (a) Seller's Closing Documents. On. the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Docurn.ents"): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer and/or the Title Company, conveying. the.P.roperty to Buyer, free and%clear of all encumbrances, except the Permitted Encut6binces hereafter defined. (2) Seller's Affidavit_ An Affidavit of Title by Seller (MIN Form # 50.1.3). indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax Iiens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished at Seller's request to the Property far which payment has not been made and for which mechanics' liens could be filed, and that there are no other unrecorded interests in the Pioperty; together with whatever standard owner's affidavit and/or in[lemnaty (ALTA Foim} which may be required by the Title Company to issue an Owner's Policy of Title insurance with. the standard exceptions other than survey waived. _3w M (3) FIRMA Affidavit. Anon foreign affidavit, properly executed and in. recordable form, containing such information as is required by IRC Section 1.445(b)(2) and its regulations. (4) Assignment of Farm Lease Agreeiment. Seller agrees to assign to Buyer all of:its rights under said Farm Lease that will end on September 15, 2017. Buyer agrees to assume all of Seller's obligations thereunder. Seller shall retain. all rental income related to said farm lease. (5) Other Documents, All other documents `reas.onably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances except the Permitted Encumbrances. (b) Buyer's ClosingDocuments. on. the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, '.':.Buyer's Closing Documents''): (1) pu hale Price. The balance of the:Purchase Price plus. any reimbursement.provided Herein, by cash, or by certified check. or wire. transfer to be deposited into Title Com.pany's trust account and delivered to Seller. (2) Title Documents. Such.affidavits of Purchaser. Certificates of Value or .other documents as may be. reasonably required by the Title Company in order to record the Seller's ClosingDocuments and issue the Title Insurance Policy' required by this Agreement. (3) Division of Parcel, Buyer is purchasing the entire 18+ acne parcel represented by the PIN No..27,30.22.33.00.05 under. two separate purchase (k agreements. Buyer shall be responsible for procuring the necessary approval for the split of the. Property from the remainder of the property covered by this AN Number. 6.. Prorations. Seller and Buyer agree to the following prorations and allocation. of costs regarding this Agreement: (a) Closing Fee. Seller and Buyer will each pay one-half (1/2) of any reasonable and customary closing and. escrow fee or charge imposed by the Title Company. (b) Deed and Transfer Tax. Seller shall pay allstate deed tax and the.state conservation fee regarding the Warranty Deed to be delivered by Seller under this Agreement. (c) Special Assessments. Seller will pay all special assessments levied, pending or constituting a lien against the Property as of April 30, 2017, including without limitation any installments of special assessments and interest. payable with real estate taxes in the year of closing: Notwithstanding, any pending or levied assessments levied. after April 30,.2017, shall be assumed by Buyer. (d) Real Estate Taxes. Rear estate taxes and installments of special assessments payable in.all prior Years Will be paid by Seller including any real estate taxes deferred under Careen Acres for the two. years prior to closing. The real estate taxes .payable.:in the. year of closing including any deferred real estate taxes under Green Acres. that are due and payable for. the year of Closing shall be prorated between Seller and Buyer as of the Closing Date based upon a calendar year. In calculating each party's .prorata share of the real estate taxes for the year of closing, the .parties agree that the amount of additional real estate taxes as a result of loss of Green Acres classification. that may be. added to the current real estate taxes due and payable in the year of closing shall be the lesser of (i) the actual amount of 'increased real estate taxes or (ii) the sum of $15,000-00. Any additional real estate takes due to the loss of Green Acres Classification in excess of $15,000.00 shall. be Seller's responsibility, (e) Recording Costs. Seller will pay the cost of recording all documents necessary to establish marketable title in.Sellen Buyer will pay the cost of recording all other documents including Seller's Warranty Deed. (f) Rental Income -from Farm Uase..All rental income under the.Parm.Lease shall be retained by Seller for the 2017 growing season. 7, TitleExamination, Title Examination will be conducted. as follows: (a,) Seller's Title Evidence. Seller shall, furnish the following (collectively "Title Evidence") to Buyer: (1} Abstract of Title or Title Commitment, Seller shall, at its sole expense., furbish. to Buyer within Twenty (20) days following the date hereof, a commitment ("Title Commitment') from. the Title Company on an. ALTA . Form B 1987-1990 Owner's. Policy of Insurance insuring,title to the Property, deleting standard exceptions other than a survey and including affirmative insurance regarding zoning, contiguity., appurtenant easements and such other matters as may be reasonably identified by Buyer, in the amount of the Purchase Price and subject only to matters waived. by Buyer or permitted encumbrances as hereinafter defined ("Permitted Encumbrances"). Title Company shall also .deliver to the. Buyer copies -of all documents listed. on Schedule B-2 of the title comihitment. (2) Su e... Buyer acknowledges that Seiler has furnished a photo copy of a survey for the Property that includes the adjacent property also being purchased by Buyer. The survey is dated November 13, 2015, and was prepared f.br.LandmarkDevelopment of MN by Sathre-Berquist, Inc. with offices in Wayzata, Minnesota (the "Survey"). A copy of the Survey is attached as Exhibit "D." .1t.shall he Buyer's. obligation to:deterniine. if the Title Company will issue survey coverage as part of the Title policy based on the Survey in.the Title Company and Buyer's possession: If not, Buyer; at.Buyer's cost, shall furnish Title Company such additional documentation ora new ALTA Survey. Buyer agrees.to complete said. survey within Farty-Five (4.5) days.of execution of this Agreement. If Buyer fails to timely complete said survey,, Buyer shall lie deemed to have waived any items subsequently disclosed on the new survey and shall accept the Property subject to all of the items disclosed on the Survey and the new survey obtained by Buyer. Buyer shall within Ten (10). days of completion of a new survey furnish to Seller and the Title Company a copy of the new survey,. The Survey reflects an encroachment by a fence: on the northern line of the. Property and Buyer agrees to riot object to.said: encroachment. (3) Buyer understandsthat the Property is currently enrolled in Green Acres and accordingly has. reduced real estate taxes under this program.. Buyer .understands that Seller has entered into a farm lease for the 2017 crap` growing. season. The 2017 Farm Lease Agreement is attached hereto as Exhibit "B." The Farm Lease shall be a Permitted Encumbrance. (b) Buyer's Objections: Within Ten (10) days after. receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the marketability of the title and/or contents of the Title Evidence: Buyer's failure to make Objections Within such time period will constitute waiver of Objections for any items .disclosed on the Title Commitment and any survey. Buyer shall be deemed to have automatically made Objections to any mortgage; judgment, tax lien, mechanic's lien and any other monetary lien .against the Property ("Monetary Liens"). Any easements, restrictions and covenants of record which do not affect Buyer's planned use of.theProperty by Buyer shall be Permitted Encumbrances. Buyer agrees that the easements described to the legal description setforth.on Exhibit "A' shall all be Permitted Encumbrances. The Farm Lease shall also be a Permitted Encumbrance. Any other matters shown on such Title Evidence and not.objected to or waived by Buyer shall be a Permitted Encumbrance hereunder; Buyer may, at or prior to Closing, notify Seller. in writing of any GAP title issues. first raised by the Title Company after buyer's receipt of the initial. Title .Commitment; provided. that Buyer must notify Seller of such objection to title within Five (5) Business Days of being made aware of any such issue. Seller will have One Hundred Twenty (120) days.. after receipt of any Objections to cure. the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. Notwithstanding the foregoing, if Seller reasonably believes that the Objection cannot be cured within 120 day period, Seller shall have the right to notify Buyer that the Seller does not intend to cure the Objection. in that event, Buyer will have the option to do one of the following: Terminate this Agreement and receive a refund..of the Earnest Money and the Additional. Earnest Money; or (ii) Waive the objections and proceed to close, Notwithstanding, if the Objections are Monetary Liens and. the Monetary Liens may be paid and satisfied. at Closing out of the Purchase Price, Buyer shall be obligated to close this transaction. and have the Monetary Liens. satisfied from closing proceeds. S. Representations and Warranties Seller. Seller rep3resents and warrants the following to Buyer: (a) Representations and Warranties -b-. Seller. Seller.is a duly organized hinted liability company under the laws of the. State of Minnesota; Seller is duly qualified to transact business in the State of Minnesota', the manager.signing on behalf of Seller has the requisite power and authority to enter into this Agreement; and the execution, delivery and performance by Seller of this Agreement will not. conflict with or result in violation of Se11er's Articles of Organization or Bylaws or any j udgment, order or decree of any court. or arbiter to which Seller is a party. (b) Title to Pro a Seller owns`the Property, free and clear of all encumbrances. 0 except a current mortgage, current real estate taxes, assessments (pending and levied), deferred real estate taxes under Green Acres and. easements of record. (c) Proceedings, There is no action, litigation, investigation, condemnation,. eminent domain or proceeding of any kind pending or to the best knowledge of Seller threatened against Seller or any portion of the Property. Except as herein expressly stated, Buyer is ptirchasing.the Property based upon its. own. investigation and inquiry and is not relying on any representation of Seiler or any Other person and is agreeing to accept axid purchase the Property "as is, where is," subject to the conditions of examination herein.set forth and the express warranties herein contained.. Each of the representations and warranties herein contained shall survive the Closing.. Wherever herein a representation is made to "the bestknowledge of Seller," such representation is limited.to the knowledge of Seller as to facts or matters, which Seiler actually knew as of the date of this agreement. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will constitute a waiver and release of Seller by Buyer of any claims due to such breach. 9. Representations and Warranties b►-Buyer: Buyer represents and warrants to Seller that it is a duly organized municipality under the laws of the State of Nlinnesota;. the persons signing this Agreement on behalf of Buyer have the requisite power and authority to enter into this Agreement; and Buyer has taken or will take within the.next Forty-five (45) days all necessary actions to approve this transaction.including the publishing of the required notice for (a) issuance of Bonds for purchase. of the Property to be used as park land and (b) to purchase under a contract for deed. the adjacent property described in Exhibit "C" from Seller: Buyetfurther represents that performance by Buyer of this :Agreement or signing of .any documents required by this Agreement will not conflict with or result in violation of any state statutes governing Buyer, any municipal ordinances, or any.judgment; order or decree of any court or arbiter to which Buyer is a ply, As provided in this Agreement, Buyer will indemnify Seller, its successors and assigns,. against, and will hold Seller; its successors and assigns, harmless from; any expenses of damages; including reasonable attorneys` fees, that Seller incurs because of the breach of any of the above representations,. covenants and warranties contained in the Agreement, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of. any such breach by Buyer will not constitute a waiver or release by Seller of.any .claims duo to such breach. 10, Assignment, Upon Ten (.10) days written notice, either party may assign its rights under this Agreement. Any such assignment will not relieve the assigning party of its obligations under itiis Agreement. 11. Survival. All of the. terms of this Agreement will survive and be enforceable by the patties after the Closing. 12, Notices, Any. notice. required or permitted to be given by any party upon the other is. .given is accordance with this Agreement if it is directed to Seller by delivering it personally to. Seller, or. if it. is directed to Buyer, by delivering it personally to an officer of Buyer, or.rf xnailed.in.a sealed wrapper by United States registered or.certified:mail, return receipt requested; postage prepaid, or if deposited cost paid with a. nationally recognized, reputable overnight courier, properly addressed.as follows: -7- If to Seller: Tom Hansen,: Manager Hansen investments LLC 1231 Little Pox Road Gem Lake; MN 55116 Seller Copies: Stephen L. Nelson, Esquire Stephen. L, Nelson PA. 665 N. Snelling Avenue St. Paul, MN 55104 If to Buyer. city of Gem Lake 4200 otter Lake Road St. Paul, AV 55.110. Attention: Mayor, Robert Uzpen Buyer Copies: Patrick J. Kelly, Esquire Kelly & Lemmons PA M Little Canada. Road East, Ste 200 Little Canada, MN 55117 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as. aforesaid; provided, however, that if notice is given by. deposit, that the time for response to any notice by the other party shall commence to run Two (2) business days after any such deposit with a nationally. recognized, reputable overnight courier.. Any party may change its. address for. the service of notice by giving written notice of such change to the other party. A change of address shall be effective upon receipt. 13, Cpl tiuns. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and shall not to be considered in interpreting this Agreement. 14, Entire A ement• Modification. This written Agreement constitutes the complete agreement parties regarding the P between the parties and supersedes any prior oral or written agreements between the roperty. There are no verbal agreements that change this Agreement and no. waiver of any of its terms will be effective unlessin writing executed by the parties. 15.. Bindin l ffect: This Agreement binds and benefits the parties. and their successors and assigns: 16, Co olling Law. This Agreement has been made under the laws of the State of Minnesota and such laws will control its interpretation, 1T Broker's Commission. Seller and Buyer represent to each other that they have not employed or used the services of; or otherwise dealt.with any Brokers with respect to this transaction. 18. I)efaultfRemedies. If Buyer defaults under this. Agreement before closing, Seller shall. have the right to terminate this Agreement by giving written notice to Buyer. If Seller U terminates this agreement and Buyer fails to cure such default within Thirty (3.0) days of the date of such notice, this Agreement will terminate, and upon. such termination Seiler will be entitled to retain the Earnest Money paid as liquidated damages; time being of the essence of this. Agreement. The termination of this. Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer except as otherwise provided in this Agreement. Buyer will not be. liable for damages or specific performance with the exception of any default by Buyer of its obligations to pay for services rendered to investigate and perform its due diligence on the Property or any of its. indemnification .obligations under this Agreement which obligations shall.. survive termination of this Agreement. If Seller defaults under this Agreement, Buyer may either (a) terminate this Agreement.in which event Buyer shall be entitled to°return of its Earnest Money upon Buyer furnishing an affidavit setting forth the. services rendered upon the Property together with. mechanic lien waivers or proof of payment for anylienahle. services and a quit claim deed and thereafter neither Seller or Buyer shall. have any further obligations.under this Agreement except as to Buyer's obligations to pay for lienable serrvices rendered to the.Property or any of its indemnification obligations under this Agreement, (b) cure Seller's breach and deduct the cost of said cure.to a maximum of $2,500.00 from the Purchase Price; or (c) exercise its remedy at law or in equity to seek judgment compelling the specific performance of the Agreement.. 1.9. Withdra al of Offer. The offer made by the first party to execute this Agreement shall be deemed to be withdrawn unless accepted by the other party and a fully executed counterpart of this Agreement returned: to such first party on or before the date which is Fifteen t15) days after this Agreement was signed by the first party. 20: Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to. be one and the same instrument. . The exchange,of copies of this Agreement and -of signature peyfacsimilerportable documentformat. (pdf) shall constitute effective execution and delivery of this Agreement. as to the parties and may be used in lieu. of the original Agreement for all purposes. 21. A rmment t Honn -the: Hansen Family on the main En trance Signs for the Park. The City agrees to add to the.b. ottom of all entrance signs for any park created on the Propert, the following language; Early 1900's site of land farmed by the Hansen family and known as: Summit Dairy The lettering shall be at least 2" high and clearly legible and shall be included on all future entrance signs to the park into. perpetuity. This Agreement was entered into on the date set forth: opposite the respective party's name. BUYER: City of Gem Lake By Robert Uzpen Its Mayor SELLER: Hansen Investments, LLC By Thomas M. Hansen, Its. Chief Manager Dated, May , 2017 Dated. May , 2017 8483\Nwi ase Agreement City.of Oem-Lake - Puk.Land 5-3-2017 la SCHEDULE OF EXHIBITS E h-ibit I oal Lion A LEGAL DESCRIPTION OF "PROPERTY" g 2017 FARM LEASE AGREEMENT C LEGAL DESCRIPTION OF ADJACENT PROPERTY D SURVEY -10- EX -MIT "A" LEGAL DESCRIPTION OF PROPERTY The real property situated in Ramsey County, Minnesota, described as follows: The West 200 feet and the North 200 feet of the following described parcel of land: commencing at the. Southwest corner of:the Southwest. Quarter of Section. 27, Township 30, Range 22, thence. East along the south line of said Southwest Quarter a distance of 935 feet, thence north at right angles a distance of 886 feet, thence West on a line. parallel to the south line of said Southwest Quarter. to the west line. of said Southwest Quarter; .thence south along the. west. line of said Southwest Quarter to the point of beginning; said parcel containing 7.24 acres, more or less.. together with an easement; in common. with others, for ingress and egress; over and across the following road;. A 40 foot wide strip of land, the westerly line of which is described as follows: Beginning at a point on the south line of said Southwest Quarter of Section 27, Township 30, Range 22, distant W5 feet east of the southwest corner of said Southwest Quarter; thence north at right angles to said south line 885 feet and there terminating; subject to the. rights of public in County Road B; also subject to an easement for existing power and telephone lines up and across a strip of land fifteen (15) feet. in width in the. Southwest Quarter of Section 27, Township 30, Range 22, Ramsey County,.Minnesota; five (5) feet on the westerly side, ten (10) feet on the easterly side of the following described line: Beginning at a. point on the south line of the Southwest. Quarter of said Section 27 (hearing east. and west) distant 925 feet east: of the southwesterly corner thereof; thence north O'l V west to a point on the north line of the above described parcel and there terminating.. -11- EYXI BIT "B" 2017 FARM LEASE AGREEMENT [Consisting of the fallowing two (2) pages] 42- ad f.7 . LEASE FOR USE OF LAND FOR FARMING This lease i.s for the use of land for farl4ing, and shall be entered into by Xiong Her C.'TenanCD and. Hansen 1nyestments; LLC,• a Minnesota limited liability Company CLandlorV).. The "Property" to be used by Tenant for farming purposes consists of approximately 17.5 acres. on.the North side of County Road "E" in the City of Gem Lake. The part of the land covered by the agreement shall be the tillable portion of the property. The land is desen'bed as follows: Commencing at the Southwest comer of the southwest Quarter of Section.27, Township 30, Range 22 thence East .aloog the south line of said Southwest Quarter a distance of 035 feet; :thence north atrI& angles a distance of:986 feet, thence Weston a line. parallel; to tha south line ofsaid Southwest Quarter to. the westlime of said southwest.Quarter, #hence south along the west line of•said Southwest Quarter to the point of beginning; said parcel containing 19�1 acres,.rnam or less; together with an easement .in common with others, for ingress and egress, over and across the: following road: A 40 foot wide str€p: ofland, the iwaterlyline ofwhich is described as follows: Beginning at.a.point on the south line of sod Southwest ¢inter of SW.[on 27, Township 30, Range 22, distant 935 feet east of flat southwest carnet of said. Saufhwest.Qu :•thence north ai right angles to'said south line 885: feet and.there tcrmitsatiag, subjectto the rights. of public in County Road.E, also subject td W easement for eyisting power and. telephone lines. upon and acaass. a sbip..af.land fifteen (15) feet in width in the Southwest Quarter of Section 27. Township 3D. Range 22, Ramsay County, winriesota, five (. *CC on:thc westerly side, ten (lt}) feet on the zasterly side of the following described line:.Baginuing.at a. pbitif nn-the'sbttth line of the Southwest QuarWk of said'Sect oh 27• (bearing east and west} d6Aant925 feet cast of the scuthwesbetly comer ftrtot; thctm -north o*I i' west to a puinton the north tine of the above described parcel and there • teimtna#ing: .r : , is . , r , , ,. ,, •- tTbe "Property-'•')� _ . - ... ' 1 .. ., Tenant and his fanner, agents shall only access the Property from the south driveway installed in 2011 by Landlord. Tenant may not cut in any other drriveway($) and Tenant and his farmer agents use of the easement (aka: Daniel's Farm Road) off of County Road "E" shall be limited to the south 100 feet of the Property, Tenant understands thatthe�road is a private road and Tenant and his farmer agents may not use any part of the remainirtg easement area described above. The Terra. of the Lease during which. Tenant may use the Property for fanning shall be from April 15, 2017 until September 15, 2017..This agreement. shall automatically terminate on September 15, 2017. Upon mutual written agreement of the parties, this agreement may be renewed. Upon the termination of the Lease on shall -give Tenant pernusnotim writIRM to leave the items on the Pro e . The rent per growing season shall be an amount agreed upon by the Landlord and the Tenant. The parties have agreed than for 20.17 term of this lease, the rent will be $500.00. Landlord does, not guarantee Tenant any specified number of acres. Rent shall be payable in advance. Tenant shall be responsible tv do any .preparation.of the land for planting of any crop. Landlord shall not'be responsible to pear£grui any additional work on the Property. Tenant may remove aay de@d brush or dead tfts from the Property. Tenant may not remove any live trees without Landlords and the City's written, approval. Tenant acknowledges that the City of Gem Lake has an Ordinance governing removal of vegetation and trees:from properties within its. City limits including theProperty. P rtY Any brush, branches, dead trees and limbs cut by Tenant shall be removed from the Pro a and. properly disposed of by Tenant. Tenant further acknowledges that he shall be responsible for the:safety and management 'of any farmer agents-that'Teaant engages to faun the land with him. Tenant shall also be responsible fvi making sere thatany farmer:sutenants follow all city, state and federal riles; regulations; ordinances and statutes. If Tenant ar any t of his farmer subtenants are injured or Landlord is injured by actions of Tenant or his farmer agents, Tenant agrees to hid.eranify. and hold Landlord harmless with irbspct fro -any andila &Lhns far injuries or property damage including Landlord's'attomeyfees and costs incurred in investigating or defending, or both; any claim whether litigationrhas•been•commenced.or not. Tenant acknowledges and agrees that Tenant and that of his farmer agents use of the Property shall be subject to all rules, regulations, ordinances and zoning provisions of the City of Genf Lake. Tenant also acknowledges and agrees that Tenant and that, of his farmer agent's use. of the Property shall be subject to the.all riles and regulations of the City of Gem Lake; including Ordinance 122; Garden overlay District. Tenant agrees not to construct or place any permanent or temporary structures on the Property. Tenant and his farmer agents. shall not leave any motor vehicles overnight on the Property. The Property may only be used by 'Tenant for farming purposes. Twmt and his farmer agents shall not discharge any firearms on the Property and acknowledge that no hunting is allowed on the Property. �5 During the term of this•lease Tenant agrees to .allow Landlord or others designated by Landlord. to perform soil testing, environmental testing, surveying and any other related activities which are necessary for the sale or development of the Property. Landlord shall not be responsible to Tenant or his farmer agents for any damage to their crops caused by any testing, surveying and any other related activity performed to sell. or develop theTropeity. , This Lease Agreement is contingent upon approval by the City of Gem -Lake of a 2011 Interim. Use Permit which permits gardening activities on.the Property in accordance with the City of Gern'Lake,.Ordinance 122; Garden overlay District. In the event the City of Gem Lake denies approval of it 2017 Interim. Use Permit; formy reason, tbixleasc shall be null; void. and cancelled. If Tenant violates any of the provisions above, Landlord may teirnnate.Tenant's Lease upon 30 days written notice mailed first clads postage prepaid to Tenant's address at:.1662 Nevada Avenue East, St. Paul; MN 55106 Landlord:. Hansen Investments; LLC Y-s•�"v.�.� Thomas M. Hansen it's Chief Manager Dater'" Tenant M4HherHer Date: -2- EXHfBff "C" LEGAL DESCRIPTION OF ADJACENT PROPERTY The real. property situated in Ramsey County, Minnesota, described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 27,. Township 30, Range 22, thence. East along the. south line of said Southwest Quarter a distance of 935 feet, thence north at right angles a distance of 886'feet, thence West on a line parallel to the south line of said. Southwest Quarter to the west line of said Southwest Quarter; thence south along the west line of said. Southwest Quarter to the paint of beginning;. except the West 200 feet and the North 200 feet thereof; said parcel contain'ing 10.85 acres, more or less; together With an easement, in common with others, for ingress and egress, over and across the following road: A 40 foot wide strip of land, the westerly line of which is described as failows: Beginning at a point on the south line of said Southwest. Quarter of Section 27, Township 30, Range 22, distant: 93.5 feet east of the southwest corner of said Southwest Quarter; thence north at right angles to said south line 886 feet.and there terminating; subject to'the. rights of public in County Road R, also subject: to an easement for existing power and telephone lines upon and across a strip of land fifteen. (15.) feet in width in the Southwest Quarter of Section 27, Township 30, Range. 22, Ramsey County, Minnesota, five (5) feet on the westerly side, ten (10.) feet on the easterly side of the following described line; .Beginning at a. point: on the south line of the Southwest Quarter of said Section 27 (bearing east and west) distant 925 feet east of the southwesterly comer thereof; thence north 0°t V west to a point on the north line of the above described. parcel and there. terminating. 43_. PURCHASE AGREEMENT THIS AGREEMENT is made.on May —,.2017 betweenHansen investments, Uc, a Minnesota limited liability company ("Seller").and City of Gem Lake, a municipal corporation in Minnesota ("Buyer"), In consideration of,this Agreement, Seller and Buyer agree as follows; 1. Sale of PropeAL. Seller agrees to sell to Buyer, and Buyer agrees to :buy from Seller,'the vacant real estate located on the north. side of. County Road. "E" in the city of Gem Lake, County of: Ramsey, state of Minnesota; legally described in: Exhibit A attached hereto and consisting of approximately 7.24 acres (the "Property"), The Property is a part of the tax identification number (i.e: PIN) 27.30.22.33.0005 which includes additional acreage also being purchased by the City under a separate purchase.agreement. 2, Purchase Price and Manner of Pa went. The total purchase price ("Purchase Price")' to be paid by Buyer to Seller for the Property shall be Four Hundred Forty Thousand Five Hundred and Noll00 ($444,500.00) Dollars. The Purchase Price shall be fixed and shall not be increased. or decreased: based on the actual number. of acres, amount of right of way or the amount of Wetlands located on the Property. The Purchase Price shall be payable as follows: (a) $f .0 as earnest money ("Earnest Money"), to be deposited in escrow with Land Tine Company, 2200 County Road "C" Nest, Suite. 2205, Roseville, Minnesota 55.113 (the' Title Company"). At closing the Earnest Money shall be -applied towards the purchase price of the Property. If dais Agreement is terminated by the Buyer or Seller as provided in this Agreement, the Earnest Money shall be refundable as hereinafter provided. (b) The balance of the Purchase Price in the sum of $440,499.00 shall be paid in Cash. The balance of the purchase price plus any Buyer related closing costs shall be wire transferred to the Title Company.. 3. Buyer's Contingencies. The obligations of Buyer to close this Agreement are contingent upon each of the.. following: (a) Bondin or ase PriBuyer's. procurement of approval by publication. of notice of the issuance of and the sate of general obligation bonds in an amount Sufficient to fund its purchase of. the Property by. the Contingency Date as defined. below. (b) Title. Title shall have been.found marketable, or been made marketable, in accordance with the rec}uirements and: terms of Section 7 below: (c) Performance of Seller's Obligations Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (d) Access. Seiler shall allow Breyer, and Buyer's agents, access to the. Property without charge at all Treasonable times for the purpose of Buyer's.surveying, investigating and testing. the Property. Buyer shall pay all costs and expenses of .such. activities and shall hold Seller and. the Property harmless from all costs and liabilities relating to Buyer, Buyer's agents or any companies engaged by Buyer to complete activities on the Property. Buyer and its. agents when entering the Property shall use when possible the existing entrance.on the east side of the property just north of County Road E on theDaniels Pain Road, Buyers and its agents shall also use the existing pathways on the Property in Order to minimize damage to the tenant's crop areas. When possible, Buyer shall perform any tests on the network of pathways on the Property rather than the areas containing. any: standing crops. Buyer further agrees to repair and restore any damage to the Property caused by or occurring. during Buyer's testing and return the Property to substantially the same condition as existed prior to such. entry, and shall defend, indemnify and hold Seller harmless from all claims and liabilities relating. to. the Buyees.activides including Seller's attorney's fees and costs (excluding liabilities arising from discovery of any Hazardous Substances on the Property). Buyer will famish to Seller a copy of any test results, reports, environmental investigation reports :survey, wetland delineation and any other documents prepared with respect to. the Property. Buyer shall retain ownership of any such reports except as otherwise.provided herein.. Prior to entry to perform any testing and investigation, Buyer shall give Seller 4.8 hours advanced notice. Buyer and any other companies engaged by Buyer to inspect, test, survey., etc. shall carry Commercial general liability insurance; providing coverage onan occurrence rather than a "claims made" basis which policy or policies shall include coverage. forBodily'Injtzry, Property Damage and Personal Injury in current Insurance Services form or other form which rovides coverage at, least as broad with a. combined. policy hinit.of at least 2,000,000.GO applying to Bodily Injury, Property Damage and Personal Injury, which limit maybe satisfied by Buyer's basic policy, or by the basic policy in combination with. umbrella or excess policies so. long as the coverage is at least as. broad as that required herein, Such liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate.limits have not at any pertinent time been reduced to less than the policy limit stated Above,. and provided further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become. reduced or exhausted. Buyer and any outside.companies engaged to perform inspections; testing, surveying, etc. shall prior to entering upon the property furnish to Seller a tivnal named insured for liability certificate. of. insurance naming Seller as an,addi purposes. The. obligations of Buyer under this entire paragraph .(d) shall survive closing andtor termination :of this. Agreement, (e) Environmental Testing. Buyer shall complete. all testing and inspections Buyer deems. necessary within Forty -Five (45). days of final acceptance .this Purchase Agreement. If Buyer fails to complete said testing within said time period, Buyer shall be deemed to have waived this contingency. The "Contingency Date' shall be Forty -Five (45) days after the final acceptance of the Purchase Agreement by all parties. If any contingency has not been satisfied to Buyer's satisfaction before the Contingency Date, Buyer may terminate this agreement by serving Writtennotice on Seller prior to midnight of the Contingency Date. If Buyer faiis to provide`notice:.of termination on or before midnight of the Contingency Date, Buyer shall be deemed to have waived all rights .to terminate this agreement for. any contingency except for lack of marketable title caused by Seller'.s actions or anyone associated or related to Seller, In the. event that Buyer shall terminate. this Agreement on or before midnight of the Contingency Date for any of the contingencies set forth above,. the Earnest Money shall be returned. to Buyer upon providing Seller with an affidavit setting -2- forth a list of all. services, proof of payment or lien waivers for any lienable services, and a quit claim deed. If the. Purchase Agreement is not terminated by Buyer on or before the Contingency Date, thereafter the Earnest.Wney shall be non refundable unless Seller is unable to convey marketable title. Upon termination of this agreement, neither party will have any further -rights or obligations regarding this Agreement or the Property except as to Seller's right to enforce Buyer's obligations under any guarantees and indemnification agreements. All the contingencies set forth in this Agreement are specifically stated and agreed by the parties. If Buyer does -not. terminate the Purchase. Agreement on or before the "Contingency Date" and. fails. to. Close this: transaction, Seller may serve Thirty (30) days.notice and cancel this Agreement and all of the Earnest Money paid shall be retained by Seller as liquidated damages.. 4. Seller's Contin encies: The. obligations of Seller to close this. Agreement are contingent upon each of the following: (a) Representations and Warranties. The representations and warranties of Buyer contained in this Agreement.must be true now and on the Closing Date as if made on. the Closing Date. (b) and llati f Purchase A eement with Landmark Gem Lake LLC. Seller's obligation to perform shall be. contingent upon Seller's successful termination of Landmark Gem Lake LLC's purchase agreement dated October 10,2015 as amended on August 22, 2016. (c) Buyer:Closing Simultaneously on the Purchase of the Adjacent 10.85 Acres: Seller's obligation to perfom under this Agreement shall be contingent upon Buyer simultaneously closing on the adjacent 10-85 acres of property also owned by Seller pursuant to the terms of. a. Purchase agreement dated the same date as this Agreement for the purchase of the property described in Exhibit "C" attached hereto. 5. Closing Date.. The closing.of the purchase.and sale contemplated by this Agreement (the "Closing") shall. occur on or before August 1, 2017. The. Closing. shall take place.at the office of the Title Company or at such other place as may be agreed to by the parties, Seller agrees to deliver possession of the Property to.Buyer on the Closing.Date subject to the 2017 Farm Lease. (a) 5e11er's Closing Documents. On. the Closing Date; Seller shall, execute and/or. deliver to Buyer the following (collectively, "Seller's Closing Documents"): (1) Deed. A Warranty Deed; in form reasonably satisfactory to. Buyer and/or the. Title Company, conveying the Property to Buyer, fiee.and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (2) Seller's Affidavit, An Aff davit of Title by Seller (MN Form # 50,1.3) .indicating that on the Closing. Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has. been no skill, labor or material furbished at Seller's request to the .Property for which payment has not been made and for which mechanics' liens could be Bled, and that there arena other unrecorded interests. in the Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by the Title Company to issue an Owner's Policy of Title Insurance with the standard exceptions' other than survey waived: R (} 3 FIRPTA Affidavit. A, non -foreign affidavit, properly executed and in recordable foxm, containing such information as is required by IRC Section 1-5t1i M and its regulations. (4) Assi nment of Farm Lease ment. Seller agrees to assign to. Buyer all of its rights under saidFarm Lease that will end on.September.15, 2017. Buyer agrees to assume all of Seller's Obligations thereunder. Seller shall retain all -rental income related to said farm lease. (5} gt eD r ocu ents. All other documents.reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances eaccept the Permitted Encumbrances. {b) Buyer's Clasin,g Documents. On the Closing Date, Buyer will execute and./or. deliver.to Seller the following'(collectively, „Buyer's Closing Documents"): (1) orchase Price.. The balance of the Purchase Price plus any reimbursement provided herein, by cash, or by certified check. or wire transfer to be deposited. into Title Company's trust account and delivered to Seller. (2} Title ocume ts.. Such. affidavits of Purchaser. Certificates of Value or ether documents .as inay be reasonably required by the Title Company in order to record the Seller's Closing Documents and issue. the Title Insurance Policy required by this Agreement. (3) I]iyi ion of Panel.: Buyer is purchasing the entire 18+ acre parcel represented by the PIN No. 27.30.22;33.00d5 under two separate purchase agreements. Buyer shall be responsible far procuring the necessary approval for the split of the Property from the remainder of the property covered. by this PIN Number. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement, (a} Closin Fee, Seller and Buyer will each pay one-half (112) of any reasonable and. customary closing and escrow fee. or charge imposed by the Title Company; (b) Deed and Transfer Tax. Seller shall pay all state deed tax and the state conservation fee regarding the Warranty.Deed to be delivered by .Seller under this Agreement. c S ecial Assessments. Seller will pay all special assessm.ents.levied, pending or constituting a lien against the Property as of April 30, 2017, including without limitation anyinstallinents of special assessments: and interest payable with real estate taxes in the year of Nosing. Notwithstanding, any pending or levied assessments levied after April 30, 2017, shall be assumed by Buyer. (d) Real Estate Taxes. Real estate taxes and installments of special assessments. payable in all prior years will be paid by Seller including any real estate tapes. deferred under Green Acres for the two years prior to closing. The real estate takes payable in the year of closing including any deferred real estate taxes under Green Acres that are due and payable for the. year of Closing shall be prorated between Seller and Buyer as of the Closing Date based upon a calendar year. In -4- calculating each party's. prorata share of the real estate taxes for the year of closing, the parties agree that the.amount of additional real estate taxes as a result. of loss of:Green Acres classification that may added to the current. real estate taxes due and payable in the year of closing shall be the lesser of (i) the actual amount. of increased real estate taxes or (ii) the sum of $15,000.00. Any additional real estate taxes due to the loss of Green Acres Classification in excess of $15,Q00:0 shall be Seller's responsibility. (e) Recording Costs. Seller will pay the cost of recording all documents necessary to establish marketable title in Seller. Buyer will pay the cost of. recording all other documents including Seller's Warranty Deed. (f) Rental Incozne:froni Farm Lease. All rental income under the Farm Lease :shall be retained by Seller for the 2417 growing. season.. 7. Title Examination. Title Examinationwill be conducted as follows: (a) Seller's Title Evidence. Seller shall, furnish the following (collectively "Title Evidence") to Buyer: (1:) Abstract of Title or Title Commitment: Seller shall, at its sole.expense, furnish. to Buyer. within Twenty (20) days following the date hereof, a commitment. ("Title Commitment") from the Title Company on. an ALTA. Form:B 1987-1990 Owner's Policy of.Title Insurance insuring title to the Property, deleting' standard exceptions other than a survey.and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as maybe reasonably identified by Buyer, in the amount of the Purchase Price. and subject only to matters waived by Buyer or permitted encumbrances as hereinafter. defined ("Permitted Encumbrances"). Title Company sba11 also deliver to.:the. Buyer copies of all documents listed on Schedule B-2 of the title comiitment. (2) Survev.. Buyer acknowledges that Seiler has furnished a photo copy of a survey for the.Property that includes the adjacent property also being. purchased by Buyer. The survey is dated November 13; 2015, and was prepared for Landmark Development of MN by Sathre-Berquist, Inc. with offices in Wayzata, Minnesota (the "Survey"). A copy of the Survey is attached as Exhibit "D.." It shall be Buyer's obligation to determine if the Title Company will issue survey coverage as part of the Title policy based on the Survey in the Title Company and Buyer's possession. If not, Buyer; at Buyer's cast, shall furnish -Title Company such additional documentation or a new ALTA Survey, Buyer agrees to complete said survey within Forty -Five (45) days of execution of this Agreement. If Buyer fails to timely complete said survey, Buyer shall be deemed to have waived any items subsequently disclosed on the new survey and shall accept the Property subject to all 'of the items disclosed on the Survey and the new survey obtained by Buyer; Buyer shall within Ten (10) days of completion of a new.survey furnish to Seller and the Title Company a. copy of the new survey: The Survey reflects an encroachment by.a. fence on the northern line of the Property and Buyer agrees to not object to said encroachment, (3) B.uyer understands that the Property is currently enrolled in Green Acres and accordingly has reduced. real estate taxes under this program.. Buyer -5. understands that Seller has entered into a farm lease for the 2017.crop` growing season. The.2017 Fatm Lease Agreement is attached hereto as Exhibit " S. " The Farm Lease shall be a Permitted Encumbrance.. (b) Bu ger Objections: Within Ten (10) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to.the marketability ofthe title and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections for any items disclosed: on the Title Commitment and any survey. Buyer shall be deemed to have. automatically made Objections to any mortgage, judgment, tax lien, mechanic'.s lien and any other monetary lien against the Property {"Monetary Liens'. Any easements; restrictions and covenants of record which.do not affect Buyer's planned use of the Prdperty by Buyer shall be Permitted Encumbrances. Buyer agrees that the easements described in the legal description set forth on Exhibit "A" shall all be•Pemitted Encumbrances.. The Farm Lease shall also be a Permitted Encumbrance. Any other mutters shown on such Title Evidence and not objected to or waived by Buyer. shall be a Permitted Encumbrance hereunder. Buyer may, at or prior to Closing, notify Seller in writing. of any GAP dtle;issues. first raised by the Title Company after buyer's receipt of the -initial Title Commitment; provided that Buyer must notify Seller of such objection to title within Five (5) Business Days of being made aware of any such issue. Seller will have One Hundred Twenty (120) days after receipt of any Objections to cure the. Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. Notwithstanding the foregoing, if Seller reasonably believes that the Objection cannot be cured within 120 day period, Seller shall have the right to notify Buyer that the Seller does. not intend'to cure the Objection. In' that event, Buyer. will have the option to do. one of the following: Q) Terminate this Agreement and receive a refund. of the Earnest Money and the Additional. Earnest Money; or (ii) Waive the objections and proceed to close; Notwithstanding if the Objections are Monetary Liens and the Monetary Liens may be paid and satisfied at Closing -out of.the Purchase Price, Buyer shall be obligated to close this transaction, and have the Monetary Liens satisfied from closing proceeds. 8. Re-resentatinns and Warranties Seller: Seller; represents and warrants the following to Buyer. (a) Rg resentati6ns and Warranties by Seller Seller is a duly organized limited liability company under the laws of the State of:Minnesota; Seller is duly qualified to transact business in the State of Minnesota; the manager signing on behalf of Seller has the requisite power and authority to enter into this Agreement; and the execution, delivery and performance by Seller of this Agreement will not conflict with or result in violation of. Seller's Articles of Organization or Bylaws or any judgment, order or decree of any court or arbiter to which Seller is a party; {t) Titla fo Pro e . Seller owns the Property, free and clear of all encumbrances 0 except a current mortgage; current real estate taxes, :assessments (pending. and levied), deferred real estate taxes under Green Acres and easements of record, (c) Proceedin s. There is no action, litigation, investigation, condemnation, eminent domain or proceeding of any kind pending. or to the best knowledge of Seller threatened against Seller or any portion of the Property, Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and. inquiry and is not relying on any representation of.Seller or any other person and is agreeing to accept and.purchase the Property "as is, whereas;" subject to the conditions of examiriation herein set forth and the express warranties herein contained. Each of the representations and warranties herein contained shall survive the Closing,. Wherever herein a representation is made to "the best.knowledge of Seller," such representation is limited to the knowledge of Seller as to facts or matters; which Seller actually knew as of the date of this agreement. Coz.surn. ation of this Agreement by Buyer with knowledge of any such breach by Seller will constitute a waiver and release of Seller by Buyer of any claims due to.such breach. 9. Representations and Warranties by Bu er. Buyer represents and warrants to Seller that it I s a duly organized municipality under the laws of the State of MiftnesoW. the persons signing this Agreement on behalf of Buyer have the requisite power and authority to enter into this Agreement; and Buyer has taken or will take within the. next Forty-five (45) days all necessary actions to approve this transaction including the publishing of the required notice far (a) .issuance of bonds for purchase of the Property to be used as park land and (b) to purchase under a<contract for deed the adjacent property described in Exhibit "C" from Seller. Buyer further represents that performance by Buyer of this Agreement or signing of any documents required by this Agreement will not conflict with or result in violation of any state statutes governing Buyer, any municipal ordinances, or any judgment; order or decree of any court or arbiter to which Buyer is a ply. As provided in this Agreement, Buyer will indemnify Seller; its successors and assigns, against, and will hold Seller, its successors and. assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the Breach of any of the above representations, covenants and warranties contained in the Agreement, whether such breach is discovered before or after closing: Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will not constitute a waiver or release by Seller of.any claims due to such breach. 10, Assi�nm�ent. Upon Ten (10) days written notice, either party may assign its rights under this. Agreement. Any such assignment will not relieve. the assigning party of its obligadom.under this Agreement. 1.1, Survival. All: of the terms of this Agreement will survive and be enforceable by the parties after the Closing. 12, Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreementif it is. to Seller by delivering it personally to Seller, or if it is directed to Buyer, by delivering it personally to. an officer of Buyer, or.if mailed in a sealed wrapper by United States registered. or certified omit,. return receipt requested, postage prepaid, or if deposited cost paid with a nationally. recognized, reputable overnight courier, properly addressed as follows: -7-. If to Seller: Tom.Hansen, Manager Hansen Investments LLC 1231 Little Fox Road Gem Lake, MN 55110 Seller Copies: Stephen-L. Nelson,. Esquire Stephen L. Nelson PA 665 N. Snelling A,venue. St. Pau1,.MN 55104 If to Buyer; City of Gem Lake 42M. Otter. Lake. Road. St. Paul, MN 55110 .Attention, Mayor, Robert Uzpen Buyer Copies: Patrick J. Kelly, Esquire Kelly & Lemmons PA. 223 Little Canada Road East, Ste 200 Little Canada, MN 5511.7 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response. to any notice by the other party shall commence to run Two (2) business days after any such deposit with a nationally recognized, reputable overnight courier. Any party may change its address for the service of notice by giving written.notice of such change to the other party. A change of address shall be effective upon receipt. 13, Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and shall not to be considered.in interpreting this Agreement. 14, Entire Agreement; Modification. This written Agreement constitutes the complete agreement between. the parties. and supersedes any prior oral or written agreements between the parties regarding.the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the. parties.. 15. Binding` Effect. This Agreement binds and benefits the parties and their successors and assigns. 16, Controlling Laws This Agreement has been made under the laws of the State of Minnesota. and .such. laws will control its interpretation. 17. Broker's Commission. Seller and Buyer represent to each other that they .have not employed or used the services of, or otherwise dealt with any Brokers with respect to thus transaction. .18. 17efaultyRemedies. If Buyer defaults under this Agreement before closing, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Seller H terminates this agreement and Buyer fails to cure such default within Thirty (30) days of the date of such notice, this. Agreement will terminate, and upon such termination. Seller will be entitled to retain the Earnest Money paid as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention. of the. Earnest Money will be the sole remedy. available.to Seller for such default by Buyer except as otherwise provided in this Agreement. Buyer will not be liable for damages or specific performance with the exception of any default by. Buyer of its obligations to pay for services rendered to investigate and perform its due diligence on the Property or any of its.indenuufication obligations under this Agreement which obligations shall survive termination of this. Agreement. If Seller defaults under this Agreement, Buyer may either (a) terminate this. Agreement in which event Buyer shall be entitled to return of its Earnest Money upon.Buyer furnishing. an affidavit setting forth the services rendered upon the Property together with mechanic lien waivers or proof of payment for any lienable services and a quit claim deed and thereafter neither Seller or Buyer shall have any further. obligations. under this Agreement. except as..to tuyer's obligations to pay for lienable. services rendered to the Property or any of its indemnification obligations.under this Agreement; (b) cure Seller's breach dad deduct the cost of said cure to a maximumof $1,500.00. from. the Purchase Price; or (c) exercise its remedy .at law or in equity to seek. judgment. compelling the specific performance of the Agreement. 19. Withdrawal of offer:. The offer made by the first party to execute this. Agreement shall be deemed to be withdrawn unless accepted by the other party and. a fully executed counterpart of this Agreement returned to such first party on or before the date which is Fifteen (15) days after this Agreement was. signed by the first party. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall.be deemed to be one.and the same instrument. The exchange of copies of. this Agreement and of signature pages by facsimile or portable document format (pdf) shall constitute effective execution. and delivery of this Agreement as to the parties and may be used. in lieu of the original Agreement for all: purposes. 21: Agreement to Honor the Hansen Fam& on the main E trance Signs for the Park. The City agrees to. add to the bottom of all entrance signs for any park created on the Property the. following language:. Early 19D.0's site of land farmed. by the Hansen family and :known as: Summit Farm Dairy The lettering shall be at least 2" high and clearly legible .and shall be included on all future entrance signs to the park into perpetuity: This Agreement was entered into on the date set forth apposite the respective party's name. BUYER; City of Gem. Lake Sy. Robert. Wpen Its Mayor SELLER: Hansen Investments, LLC By Thomas. M. Hansen, its Chief Manager Dated; May , 2017 Dated -,May 2017 84.83Turchase Agreement -City of Cem Lake:- Park. Land 5-3-2017 la SCHEDULE OF EXHIBITS Exhibit. D—gK iution A LEGAL DESCRIPTION OF "PROPERTY" B 2017 PARK LEASE AGREEMENT c LEGAL DESCRIPTION OF ADJAGENT.PROPERTY D MVEY _10� EXHMIT'4A" LEGAL DESCRIPTION of PROPERTY'' The real property situated in Ramsey County, N innesota, described as follows:. The West 200 feet and the North 200 fee.tof`the following described parcel of land: commencing at the Southwest corner of the. Southwest Quarter of Section 27; Township 30, Range 22, thence East along the south line of said Southwest Quarter a distance of 935 feet, thence niorth.at right angles a distance of 886 feet, thence West on,aline parallel to the south line.of said Southwest Quarter to the. west line of.said Southwest. Quarter; thence south along the west line of said Southwest Quarter to the point of beginning; said parcel containing 7.24 acres, more or less; together with an easement, in common with others, for ingress. and egress,. over and across the following road: .A 40 foot wide strip of land, the westerly line of which is described as follows; Beginning at a paint on the south line of said Southwest Quarter of Section 27, Township 30, Range 2.2, distant 935 feet east of the southwest corner of said Southwest Quarter; thence north at right angles to said south line 886 feet and there terminating; subject to the rights of public in County Road E; also subject to an easement for existing power and telephone lines upon and across a strip of land fifteen (15) feet in width in the Southwest. Quarter of Section 27, Township 30, Range 22, Ramsey County; Minnesota, five (5) feet on the westerly side; ten (10) feet on the easterly side of the following described line; Beginning at. a point on the south line of the Southwest Quarter of said Section. 27 (bearing east and west) distant 925 feet east of the southwesterly corner thereof; thence north. WI west to a point on. the north line of the above described parcel and there terminating. -11- EXHIBIT "B" 2017 FARM LEASE: AGREEMENT [Consisting of the following two (2) paged -12- LEASE FQR%]•SE OF LAND FOR FARNUNG This lease is for the use of land for farming, and shall be entered into by Xiang Her {"Tenmf } and Hansen Investments; LLC,. a Minnesota Um iced .Iiahil.ity Company ("Landlord"). The "property" to be used by Tenant fur f'aTming purposes consists of approximately 17.5 acres on the North side of County Road "E" in the City of Gem Lake. The part of the land covered. by the agreement shall be the tillable portion of the property. The land is described as follows; Commencing atttte southwest comer of the Southwest Quarter of Seetion 2.7, Township 30, Ranpae 22, thenw Bast along the south line of said Southwest Quarter as distance of 935: feed thencq north atxigtit angles a dlstatice o£88& feet, tbenee west on a line parallelty the south Tina of said Southwest Quarter to thv west line. of said.Southwest.Quarter, thence south along the west line of -said Southwest Quarter to the point of beginning -,said parcel. containing 19:t}l acres, more or Jess; together with an. easement 'incaninion with other,, for ingress. and egress, over and across the following road: A 40 footwide strip of land, the Westerly ItnO of which is described as fullows:.Bcginning at a point on the. south line of said Southwest Quarter of Section 27, Township 30, Range 22, distant 935 feet cast of the southwest cornar-of said Southwest QuTttet;•tharcz north a# xl& angles to said south line 886 feet and there terminating; subject ta.tho rights of public in County Road B; also subject to an.easement for oxisting power and telephone lines upon and across a.strip of hand fifteen (I5) feet in width#n.tiu: Southwest Quarter of Secogo 27, Township 30, Range 22; Ramsay County, Nriruiesdfa, eve (5).fect on the westerlysidg, 1pn.(14) feet en the easterly sideof the fallowing descrlhcd Iine: Beginning at a poi�it>n tfse'sbuth Iin of thdSouthwast Qugstc)• of suld $eofiola 27 (bearing east and'.west) distant 92S feel c'asi of the southwesterlycomer thereof;. thch= north O l V west to a pdW on the north line of the abovodescribed parcel and there �e "Property"}. � . ... � • . ti _ Tenant and bis farmer agents small. only access the Property from the south driveway installed in 201.1 by Landlord. Tenant may not out in any other driveway(s) and Tenant:and his. farmer agents use of the easement (aka; Daniel's Farm Road) off of County Road "E" shall. be limited to the south 100 feet :of the Property. Tenant understands that the,road is a.private road: and Tenant and his farmer agents may not use any part of the remaining easement area describedabove. The Term of the Lease during: which Tenant may use the Property for f'ari„;ng shall be from April 15, 2017 until September 15, 2017. This agreement shall automatically terminate on September 15, 2017, Upon mutual written agreement of the parties, this agreement may be renewed. U on the termination of the Lease on shall ove Tenant Permission in wridn tv leave the items on the .Pry e The rent per glowing season shall bean amount agreed: upon by the Landlord and the Tenant_ The parties have agreed thattfor 2017 term of this lease, the rent will be $500.00., Landlord does not. guarantee Tenant any specified number of acres. Rent shall be payable in advance. Tenant shall be responsible to do any preparation of the land for planting of any crop. Landlord shall not be.responsibie to perform any additional work on the Property. Tenant may remove any dead brush or dead trees from•the Propey jr. Tenant may not remove any live trees without Landlords and the Cty's written approval. 4 r Tenant acknowledges that the City of Gem Lake has an ordinance governing removal o f vegetarian and trees fromproperties within its City Iiinits including the Property. Any brush, branches, dead trees A d limbs cut by' Tenant shall be removed from the Property and properly disposed of by Tenant . Tenant f flier acknowledges that he shall be responsible fax the safety:and managemont'of any farmer agents that Tenant engages to farm the land with him. Tenant shall also be responsible for making sure that any famaex•subtenants follow all city; state and federal riles; regulations;. ordinances and statutes. If Tenant. Or.my. of his'farmer subtenants axe injured or Landlord is injured by actions of Tenant or his farmer agents, Tenant agrees to indemnify and hold Landlord haxtriless with inspect io any and�'aMl for injuries or propeM costs incurred in investigating. or defending, .or both; any claim damage including Landlord's *attorney fees and whether.litigationhas-bwixlrommenced or net. Tenant acknowledges andagrees ees that Tenant and that of hi farmer agents use of the Property shall be subject to all rules, regulations, ordinances and zoning provisions of the City of Gem Lake. Tenant also ackmowledges and agrees that Tenant and that-of .Iiis farmer agent's use of the Property shall be subject to the all rules and regulations of the City of Gem Lakes including Ordinance 122' Garden Overlay District. Teiinnt agrees not to constrict or place apy permanent or temporary structures on the Property. Tenant and his farmer agents shall not leave any motor vehicles overnight on the Property: The Property may only be and his farmer agents shall not discharge. any firearms on the used by Tenant for farming purposes. Tenant. Property and acknowledge that no hunting is allowed on the Property. During the term of this -lease Tenant agrees to allowwLancllord or others designated -by Landlord to eying and any other related activities which are necessary for perform soil testing, environmental testing, sury the sale or development of the Property- Landlord shall.notbe responsible to Tenmt ar his farmer agents for any damage .w their crops caused by any.testing, surveying and any: other related activity performed to sell or develop. the Property:. . This Lease Agreement is contingent upon approval. by the City of Gem Lake of a 2417 Interim Use Permit which permits gardening activities one the Property in accordance with the City of Gem Lake, Ordinance 122; Garden Overlay Districts In the event the City of Gem Lake denies approval of a 2017 interim Use Permit; for=y reason,this-lease shall be mull, void and cancelled. If Tenant. violates' of the provisions above, Landlord may terminate Tenant's Lease upon 30 days written notice mailed first class postage prepaid to Tenant's address at::1 662 Nevada Avenue -East St Pahl, UN 55106. r Landlord: Hansen investments; LLC. by Thomas M: Hansen it's. Chief Manager Date: � Tenant: 4r _ L -2- EXHIBIT "C" LEGAL DESCRIPTION OF ADJACENT PROPERTY. The weal property situated in Ramsey County, .Minnesota, described as follows: Commencing at`the Southwest corner of the Southwest Quarter of Section 27, Township 30, Range 22, thence East along the. south line of said Southwest Quarter a distance of 935 feet, thence north at right angles a.distance of 886 feet; thence Weston a fine parallel to the south line of said Southwest Quarter to the west. line of said Southwest Quarter; thence south along the west line, of said Southwest Quarter to the point:of beginning; except the West 200 feet and the North 200 feet thereof; said parcel containing 10.85 acres, more or less; together with an easement, in. common' with others, for ingress and egress, over and across the following road: A 40 foot wide strip of land, the westerly line of which is described as follows: Beginning ..at. a point on the south line of said Southwest Quarter of Section 27, Township 30, Range 22, distant 935 feet east of the southwest comer of said. Southwest Quarter, thence north at right angles to said south lime 886 feet and there .terminating; subject to the rights .of public in County Road E; also. subject to an.casoment:.for existing power and telephone lines upon and across A. strip of land fifteen (15) feet in width in the Southwest Quarter of Section 27, Township 30, Range 22, Ramsey County, Minnesota, five (5) feet on the westerly side, ten (M) feet on the. easterly side. of the following described line: Beginning at a point. on the south line of the Southwest Quarter of said Section 27 (bearing east. and. west) distant 925 feet east of the southwesterly corner thereof; thence north 0*11, west to a. point on the north line of the above described parcel and there terminating. -13- City of Gem Lake Notice of Public Hearing 5/17/2017 There. will be a Public Hearing at the June 6th Planning Commission. Meeting to discuss and review a new Zoning Ordinance Ordinance. The Planning Commission meeting is scheduled for. 7:00 P.M. at 4200 Otter Lake Rd, Gem.Lake. Robert Uzpen, Mayor CONSOLIDATED LAND USE ORDINANCE CITY OF GENT LAKE Replaces Ordinance No..43K dated 17 July 201:2 (Ordinance #126) Replaces Zoning Ordinance No. 5 dated 2/19/63 which should he considered the original effective date of this Ordinance.. Updated Butte 5,.2017 Gem Lake Cmisolidated Laird Use Oidriiance— Page 1 TABLE OF CONTENTS. SECTION 1 - TITLE SECTION 2 - INTENT AND PURPOSE SECTION.3 —RULES AND DEFINITIONS 3A Rules SECTION 4 - ZONING DISTRICTS AND MAP 4.1 Districts. 4.2 MAP 4.3 Boundaries SECTION 5 — SINGLE FAMILY ESTATE "RE" RESIDENTIAL DISTRICT Section: baro.Info 341 Pennl,ttca Uses 5.2 Permitted Accessory Uses 5.3 Conditional & Interim Uses &,RegulatiW'... V, .e , Xbritage 'A&d Yard R equirements SECTI& 6 — SINGL`T'AMWDj§TRI _0 4.eVW Perrnitl_ uses g ............ ticcessoUses 6.3 Conditional & Interim Uses 6.4 Height Regulations ions 6.5 Area, Frontage: and Yard Requirements SECTION 7 — SINGLE FAMILY QAcre) "RO" RESIDENTIAL DISTRICT Section Iflim Info 7.1. Permitted Uses 7.2 Permitted Accessory Uses 7.3 Conditional & Interim Uses 7A Height Regulations 7.5 Area, Frontage and Yard Requffiements. SECTION 8 — SINGLE FAMILY "RS" RESIDENTIAL DISTRICT Suction. In fro -Info: 8.1 Perrritted Uses .8.2 Permitted Amessory Uses 8.3 Conditional & Interim Uses 914 Height.Regulatiom :m. Area, Frontage and Yard. Requirements .1011 11 12 12 12 12 .1.5 16 16 18 1.8 18 19 19 .21 21 21 22 22 18 21 Updated June,5, 2017 Gem. Lake Consolidated Land. Use Ordinance —Page 2 SECTION 9 - °LG" GATEWAY DISTRICT Add descriptive inlioduction 9.1 Intent and Purpose 9.2 Generally Applicable Regulations 9.3 Plaeement.of Subzones Figure .1 — Gateway. Subzone Alap 9.4 Thoroughfare. Standards. Figure 2 — Light -Use Tboroughfares. Figurc:3 — Medium Use Thoroughfares. 9.5. Civic Space Standards Figure 4 -- Civic Spaces A-D Figure 5--.:Civic.Spaces E & F 9.6 Building Type Standards Figure.6 — Single`F'amily House. Figure 7 --- Twin Home Figure 8 --- Townhouse/Rowhouse Figure 9.--Apartment/Condomiuuuin Figure. 10 —.Bungalow Court Figure 11 —Live/Work Unit 9.7 9.8. 9.9 9.10 Retail/C single [7 15 Auto-Orii iateti.Lay V' 1* Residential CECSSD 'Uses Figure 17 --.Other Accessory Uses Large. Development Proposal Procedures Plazas for Re -development of Single. Lots or Small. Subdivisions Parking Regulations Design Revie &andards SECTION 10.- Open Space/Recreational Overlay District 1105/R" 10.1 Intent and. Purpow 10.2 Permitted Uses SECTION 11- Reserved SECTION 12 -.Reserved SECTION 13. - PLANNED UNIT DEVELOPMENT 13.1 Purpose 13.2 Permitted Uses 13.3. Coordination with Subdivision Regulations 13.4 Submission of Material: Required. for: Approval 13,5 Enforcement of Development. Schedule.'. 13.6. Conveyance and Maintenance :of.Common.Open Space 24 24 25 27 28 29 30 31 32 32 33 .34 36. 37 38 39 .40 41 47 1{ 48 49 51 54 55 56 59 59 59 60 60 61 61 61 62 6.2 62 61 Updated. June 5, 2017 Gent Lake 1 'owolidated Latid Use. Ordinance —.Page 3. 13.7 Staridards for Common or Open Space 62 13.8. Review and Amendment 63 SECTION 14 - GARDEN OVERLAY DISTRCT 14.1 Findings and. Purpose. 64 14:2. Requesting. Garden Overlay 64 14.3 Termination of Garden Overlav 64 14.4.. Interim Use 65 14.5 Permitted Accessory Uses 65 14.6 Prohibited Practices 65 14:7 General Regulation 65 SECTION 15 - INSTITUTIONAL OVERLAY DISTRICT 15A Purpose 66 15.2 Permitted Uses 66 153 Permitted Accessory Uses. .66 15.4 Conditional & Interim Uses 66 15.5 Lot Armand Setback Requirements 67 1.5.6 Lot CoverageandHeight Requirements .68 8 Procedures for F --besting an: 116 GENE. ' PRa SI{7 5 1 Applica`ttdn of: tsC]zclinaride 2 Severab`ilitq 3` Nvci''ConfanniAgUses and St 16.4 Lot Provisions 74 16.5 Accessory Buildings 74 16k.. Requited Yards, Open Space and Height 7.4 16.7 Traffic Visibility 75 16.8 IFatming.Operations 75 16.9 Essential Services 75. 16:10. (Deleted) 75 1.6.11 (Deleted) 75. 1.6.12 Relocation of Dwelling Units 75 16.13 Fences 75 16.14 Outdoor Swinuning I7ools and Spas 77 16.15 Land Reclamation 79 16.16 Mining 80 SECTION 17 ADMINISTRATION AND ENFORCEMENT 1:7.1 Enforcing.Officer 17:2 Building. Permits 17.3 Duties of the Zoning Administrator 17A Variances 17.5 Conditional & Interim Use Permits 81 81 81 81 83 64 66 81. Updated Asn� 5, 2017 Geni:Lake CComolidlated Land Use ardtnance --Page 4 17.6 Amendments 85 17.7 Appeals 8.7 1.73 Fees 87 17.9: Violations &:Penalties 87 SECTION 18 -PERFORMANCE STANDARDS 18.1. General. M2 Requirements for Consideration. 1.8.3. E%terior Storage 18.4 Refuse 18.5 screening. 18.6 Landscaping 18.7 Maintenance 1:8.8 Lighting. and Glare 18.9 Vibration 18.10. Off -Street Loading 1.8.1.1 Traffic -Control IR 12 (Deleted) 1.8.13. Architecture 16swes- i'• 8.15 "f$..1 S - Nadia ' Ra .and FIe°cttical Ernissi s °•,; v 1$.16 Aircraft'-" ` $:17 Other r uisan.cq:. '4s.18 Consiste icj witbopIaris.:a?vlicies �18.19 Clustdihg and.IDrisiq Transf' Y'3'; (}'` .Paskand.Dediation °<=; SECTION 19 — SIGNS 19A Purpose and Intent 1.9.2 Findings 19.3 Permit Required 19.4.. Inspections acid Enforcement 19.5. Applicable Standards 19.6 Definitions 19.7 Sever -ability SECTION 20 - OFF STREET PARKING AREAS 20.1 Purpose. 20.2 Site Plan 20.3 General Provisions 20.4 Design and Maintenance of Off -Street Patking.Areas 20.5 Required Off -Street Parking 88 88 90 91 91 92 92 92 93 93 93 94 94 94 94 94 94 94 95 98 9.8 98 1.00 10.1. 105 105 106 106 106 106 107 Z' 98 106 SECTION 21 REGULATION OF GEM. LAKE WATERS, WETLANDS, AND SHORELANDS 108 21...1 General Provisions .108 Updated June 5, 2017 Gem Lake Consolidated Lard Use :Ordinance --Page.5 2162 Policy 21.3 Use of Gem bake SECTION 22.- SOIL EROSION.CONTROLAND STORM WATER MANAGEMENT 1.12 22.1 Erosion and Sediment Control 1.12 22.2 Stoirnwater Management 113 SECTION 23 = BROADCAST TELECOMMUNICATIONS. TOWERS AND ANTENNAS 23.1 Purpose and Intent 23.2 Zoning Districts for Construction 23.3. Performance Standards 23A Proof ofNon-I.ntaference. 23.5 Tower Set -Backs 23,G Permit Applications and Plan Review 2317. Exceptions SECTION 24 - WIND ENERGY CONVERSION SYSTEMS 24.1. Purpose SECTION .25 _ SUBDIVSION 25.1 Purpose. 25:2 Jurisdiction 25.3 Interpretation 25.4 Requirements 25.5 Park. Land Dedication Requirements 25:6 Minor. Subdivisions 25.7 Severability 25.8 Conflict and Interaction of Ordinances 25.9 Rules and Definitions .25.14. Filing.an.d Review Procedures of Plans. 25.1.1 Design. Standards 25.12 Required Basic Improvements. 25.13 Variances from This. Section 25.14 Violations and Penalty Updated Aine-.5, 2017 120 120 w= 121 • -� <'.. ..a 121 122. 122 122 117 124 123 124 124 124 124 124 124 125 125 125 125 13] 136 138 139 Gein Lake Consolidated Land Use Ordinance ---Page 6 SECTION 26 -LANDSCAPING 26.1 26.2 26.3 26.4 26,5 26.6 26.7 26.8 26.9 26.1.0 26.12. 26,13 26.14 Purpose Definitions. Landscaping Requirements fox New Construction: in Residential .Districts .Landscaping Requirements for New Construction. in..Ngn-Residential Districts General Requirements for Ail Districts Native Landscapes Landscaping of Existing Uses Screening Requii•ements:in:Non-Residential Districts Additional:Scieening Regquirements Screening.Me'thods Landscaping Plans Performance Surety for: Landscaping in Non -Residential Districts. Maintenance of Landscaping ln. 11 Districts Penalty Sectiv ri: e 3 .Cur ceit with Other s rdinances 2 .16 Seve SECTf 27 — TRE1 7.1 Purpos. 1=2.2 Several Sections 27.4 Wording of This Section 27..5 Definitions. 27.6 Protection Standards 27.1 Data Submission 27.8 Removal Thresholds. 27.9 Reforestation 27.10 Construction Damage to Significant `f ices in or Near the Preservation Area. 27.11 Agreement to Replace Trees .27,12 : Collector and Arterial Roads and Trunk and lateral UtiRty .Construction 27.13 Exceptions to. This Ordinance 27A4 Tree Replacement 27.15 Release and Retention of Performance Security 27A6 Penalty SECTION 28 -- ENVIRONMENTAL REVIEW ,29..1 5tatc.Law.Adopted 28.2 ..Application 28.3 Deterirunation of Need for Environmental Review. 28.4 Procedures on Determination fhaf E.AW is Required 283 Procedure wlien an EIS is required 140 140 140 .141 142 143 143 143 144 144 14:5 145 1:46 146 146 147 147 1.47 147 1.47 147 147 148 149 150 150 1SO 150 1.5.1 151 151 1.5.3 1..53 1.53 153 154 140 155 Updated Julie 5, 2017 Gon fake Consolidated Land Use Ordinatce-Page 7 29.6 Prohibition. on Approvals During .Envitonmental Review 28.7 Severability SECTION 29 - STORM SEWER USE. 29.1 Purpose and Intent 29:2 Applicability 29.3. Responsibility for Administration 29.4 Compatibility ivi l7 other Regulations. 229.5 Severability 29.6 Ultimate Responsibility 29:7 Discharge Prohibitions: 29.$ W tercourse Protection 2919 Industrial or Construction Activity.Discharges 2,9..1.4 Compliance 1Vlor&6ring 29.11 Requirement, to Prevent, Control, and Reduce Storm XVater Pollutants By the Use of Best Management Practices 29.12 Notification of Spills 29.13. Violations, Enforcement, and Penalties 29.14 Costs of 16. Ciyilk 17 Crinun 18 Appeal 29.19 En£orcOrizent Nie cures A£ter<� Peal -29.2a Cost vf. lbateix Et of the Violation 29'1::^`iala€ions Deemed A Public Ni 29.22 Remedies Not Exclusive 29.23 Effective Date SECTION 39 - ADOPTION AND ENACTMENT APPENDIX A — CONSOLIDATED LAND USE ORDINANCE DEFINITIONS 154 154 155 155 155 155 1:55 155 155 156 156. 157 158 1.58 158 159 160 160 160 1.60 160 161 16.1 161 155 162 Updated June 5,. 2b17 Geni Lake Consolidated Land Use Ordinance — Page 8 Statement on former Zoning.Ordinance number 43. revision R. THE ZONING ORDINANCE OF GEM LAKE, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE,USE AND HEIGHTS OF'.BUILDINGS,,THE ARRANGEMENT OF BUILDINGS. ON. LOTS, AND THE DENSITY OF POPULATION IN %THE CITY .OF GEM LAKE, AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND. GENERAL wEL1aARE IN SAID CITY, AND FORSAID SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS, AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DIS"I'MICTS. The City of Gem Lake does ordain as follows: SECTION .1- TITLE Section 1.1 This Ordinance shall be. known,cited and referred: to as the GEM LAKE CONSOLIDATED. LAND. USE ORDINANCE except as referred to herein; where it shall be know- . ;a as "this Ordinance.". SECTION 2 INTENT AND .PURPOSE INTENT The intent of this .consolidated land use ordinance is to provide a single .source for all real propertp.subjected:to development within the City of Gem Lake: It combines coning (including the Gateway District), subdivisions, signs; landscaping, -and tree preservation, into one. single ordinance and combines the definitions into one appendix. This Consolidated Land Use Ordinance is to be used in cori unction with Gem.Lake's Comprehensive Municipal Plan. to guide development, and. redeveIopment and will � LcF .•� a s � a.,, r��F � � z s z is s .s s ;z,,'`� serve as the 3is1s frp;:yvhich the atertfs I71 pocsed developmei%axid redevclo proj'e` willile�eatTat = V4Fhile this cbnsolii`iated land use oxaltance )?asscombined several formerly Sfan done. ordinaiiGes, it.lias not changed thets ape and intent . .:. of those-:azdinances. Ins"ad, the. 'solidi laniase vrdinau.sirn y;gathers tl'es sevs ral.ordinances. and daces rhenn inside .y ,. :..: a sinoefordinance. f%%�.._. � ,- ,.._._...._.,, �._,:_ -�%�`:_. rr:�s;>•��:�:� s-:: ��':"' Section�3 This Ordin;, ce is:ad�pted for the welfare. 2.1.2 Dividing.the City into zones and districts restricting and regulating therein the location; construction, Reconstruction, alteration,and.use of structures:and land. 2.1.3 Promoting orderly development of the residential, business and industrial areas. 2.1.4 Providing adequate light, air, and con-venience of access to property.. 11.,5 Preventing.overcrowding of land and undue Concentration of structures by: regulating the use of land and buildings and the -bulk of buildings in relation to the land and buildings surrounding them. 2J.6. Pro riding for the.compatibility of different land uses and the most appropriate use of land throughout the. City. 2.:1.7 Supporting the ideals of and providing for local controls consistent with the Gem Lake Comprehensive Municipal Plan as adopted and, from time to tune, amended. Updated .hare 5, 2017 Gene Luke Consolidlated Laoid. Use drdiiaance - Page 9 SECTI.ON.3 - RULES AND DEFINITIONS Section 3.1 Rules. The language set forth in the.text of. this Ordinance shall be inteipxeted in aceordance ninth the follor�iing miles o£ construction: M A The s' lar number. includes the plural and. the plural the singular. 3.1.2 The present tense includes the past and future tenses; and the future the present. 3.1.3 The word "shall' is mandatory, and the Word "may" is permissive, 3.1.4 The masculine gender includes .the feminine and neuter genders. 3.1.5 Where words or phrases are not defined within the definitions of this Ordinance, they shall have their ordhrary accepted rh6rings within the context in which they are used.. 3,1.6. All measured distances .expressed in feet shall he to the nearest tenth of:a foot, I-'ar.DefinXons, see. Appendrx A :Updated June.5,. 2017 Geis Lake. Consolidated Land Use Ordinance --Page 10. SECTION 4 - ZONING DISTRICTS AND MAP Section 4.1 Districts 4.1.1 In order to carry out the purpose and provisions of this Ordinance, the City of Gem Lake is hereby divided into the following Zoning. Districts and .groups of Districts. A) Residence Districts. 1) "RF " Single Family Es..tate 04 5.0 acre minimum lot site). 2) ".RX'Sitigle Family Executive (4-:0 3.0. acre iftinimum lbt.s='j :3) "RO" Single Family Residential (1-0 acre minii�um lot size) 4) "RS" Single Family Residential (0.50 acre minimum lot size) B) Gateway District "G" (uses determined by PUD) .C) Open Spac.c/Rerareadoiial -OSVW�. Section. 4.2 Map f of &61hed on that L-0h, ap 4, ' C.s 6t h b k a e e aincQed, which map is prop y-,�approved and f t h nota4ce,) s, refetences and other Artnatio shown a fhp=n shalldescr§ Boundaries 43.1.Districub6iindary l es as indicates ,-6h'Nsaid � follow lot li" ex lines of streets, railroads, the the "W"k ceritcr lines s ee s' r- :or -alleys projects er cour4 ih orate hini lines, 0 aP on tr t or or.wat t. exist up the effective date of this Ordinance, or amendments thereto. If district boundary lines do: not follow any of the above described lines, the district boundary lines are established as di -awn on the zoning map. Where a District boundary line divides a lot of record which was in single.owiimliip at the time of enactment of this Ordinance:and places portions of such lot of record in two (2) ormore Use Districts, any portion of such lot with fifty (50'0") feet on either side of such a dividing district. boundary line inay be used for any use of either Use District; provided, however, if any portion of such lot shall extend beyond the fift y (50'.0") feet limitation., the District line as shown shall -prevail.. Appeals from the Zoning.Adtiiinistrator'sdetermination and questions of doubt. concern' ng the exact location of District boundary Han. shall be heatd by the Board: of Appeals. Updated Jinie 5, M 7 Gm Lake Consolidated Land Use 0)-dhiance- Page]] SECTION 5 - "RE" SINGLE FAMILY ESTATE RESIDENTIAL DISTRICT The minimumlot size:in the "RE" zoning:district is five (5) acres, but most of the. existing `estates' are located on land parcels mwh larger than five (5) acres. All but one of the parcels mipped.as "estate" arebuilt upon and arenotexpected to be: subdivided or re -developed in the near future. This.five (5) acreminimum lot. size plan allows: for land transfers from the least dense land category to a classification that allows for denser development: However, it is important to note that the .Gem Lake Comprehensive. plan does not project or assume any immediate change in the existing pattern .of development on these properties. If, in the future, this land. is: sub. divided, it would be is, possible to include "RS" development along the perimeter thoroughfares of the "RE.'.' area. to provide:divenity of housing. Principal and. accessory buildings should belocated so as to allow for possible fixture subdivision to "RX" or "ItS.." lots. In order to maximize the effteiency of roads arid municipal services, master, planning,. clustering or similar land use. concepts should be used when sub -dividing "RE" :coned land to maximize benefits. (Refer to pages 5L5 and 5-21:af the 2008. Comprehensive. plan for the source of these details.. Section 5.1 Pertnitted uses. Within any "RE" .Zoned.Residential. Use District, no. structures .or.land shall be used except for one (1) or mare of the following.. uses:. 5.1.1 One family detachcd. dwellings 5.1.2.Truck gardening and other Horticultural uses provided thatonly those products produced on. the premise :be sold o r,944ed<:fox.sale. ., _. :_. 7 :,. .., s r -., , z ,._. •, Sectionk5=� PermittcdAC"-C*essory . Nses. Within accessory ses. 1. Attached car Of not more than two witted 5:2.4 Private swirihming pool; tennis court, horse training. xing,..and other sites necessary to conduct a home sporting event. 5.2.5 Home .occupation 5.2.6 Signs as: regulated by this Ordinance 527 $tructures. ternporarily located for purposes of construction on the site for a.period of time not in.excess of such construction. 5.2.8 Conservatories for plants and flowers,. not including any business; trade or industxy. 5.2.9 Decorative landscape features including but not limited to pools; arbors, hedges, walls, Shrubs, trees, etc. 5.2.10 Essential services Section 5,3 Conditional &.Interim. Uses. Within. any "RE" Zoned Residential Use District; no structures or land .shall. He. used for the following -uses except by Conditional Use Pcrmit. 5.3.1 Country: clubs, .golf courses and other private non-commercial recreation areas and facilities, including swinu ing pools; provided that any principal building or switnining pool. shall be located. not less than fifty (50' . feet from any other lot in an "R>'.District: Updated.Jut:e.5, 2017 Gevia Lake Gojtsolrifated Lasrd .Use Ordinance —Page 12 5.3.2 Essential Service Structures 5.3.3 Structures with sideor rear clevattous upto ten (10'0") feet in excess of the: standard front building height. 5.3.4 Agricultural. Structures, including but not limited to barns, stables, kennels and the like. Structures 'in which farm animals or fowl are to be housed shall require a set -back of one hundred. (100') feet of any.lot line except where the following conditions may pro-,ride.for easing. the restriction: A) The structure: shall be partially screened from -the views from neighboring liouses, iwitla. said screening to be . existing or planted and maintained. vegetation or the natural topography of the lot and surroundinglands and ,with the amount of screening to be measured at full growth in the summer season; B) the structure shall be at least one -hundred (100'0") feet from any well, ISTS or neighboring dwelling, Q the drainage characters tics.of the land shall.be such that the. concentration of animals and animal waste shall. not cause.reator potential pollution or nuisance problems;. D) the.design andconstruction .rnaterials of the of the str ctute shall be. consistent with the .mam' dwelling on the property; E) such.:other factors as may be deemed material by the City, 5.5.5 Bed and Breakfast. Establishments and M5 3.7 Family Sectional Height Its excess 0 1 1Vo prinri 9 stmct e shall exceed�Y ty-fiV 35.'U"} feet in 25'll"• h t 'ein e h ur r ;£e ig=amens ed from Tle'gro%fid six (G'U") fef lie roof structure. .cture.sh lance to iceed twenty- lughest point 5.4:2 Back and side facades may exceed thirty-five (MV) feet in height but not more than. fatty -five (45'011) .feet in height subject to a Conditional Use :Permit which addresses, at.a minimum, the following criteria: A) The facade inquestion should be partially screened from comparable and.reasonable vantage point views of the neighbors while in their dwelling(s), said .screening to be by existing or planted and .maintained vegetation or the natural topography of the lot and surrounding hands with.the amount of screening to be measured at full growth an the summer season; and, B) the verticality of any facade in question shall be interrupted by roof line.(s), derk(s), bow/bay window(s), or other such three-dimensional architectural feature(s) which.predude the.creation.of:an uninterrupted vertical plane of.greater than. thirty-five (35'0") feet atany:point; and, C) chimneys, weathet veins, cupolas, anten.nRs.and the.like should not be -counted. as an element.of the structure for height'rricasurements; and,. D) lower level walkout design features shay be included only in areas wherc the natural topography provides for the -design and no. artificial topographical buildup or grading. change: in excess of four (40") feet collectively is required or created; and E) whenever a -side or reax elevation exceeds the allowed.height for that district, the structure must be further set back from the side and. rear lot lines by=.the standard set back .distance plus two (2:0) feet for every one (1'0") foot above the: standard .front height; and, Updated June 5, 2017 Ge?n Lake Consolidated Land Lice Ordinance — Page 13 F) such other factors.as the City inay determine -based upon the special or unagde conditions and circumstances of the lot and its. mrroudd4s.. Section 5.5 Area, :Frontage and. Yard .Requirements 5.5.1 The.. following minimum requirements shall be observed: TART F K q 3 TOTAL AREA Bull DABI E AREA F-RONTAGE, 5.0 acres 50"A total area 2200 feet FRONT YARD SIDE YARD REAR YARD 50:foot. set -back 30 foot set -back 50 foot setback OPEN SPACE LAKE. FRONTAGE 75% total area. 200 feet •5" OFF =� at portion f risirieced as the fronttyarcl shah be as E w_ V. B) t111.I .. ideriti:'W" ictures shall%8'iset-back at;feas&oiie-hundre, he.ordin lev 1 of the:iake` T afer e rif tg lake"shall be as c The follol�ia strut es can `be `e> ected �witlii'Se=Eaaek;a;long as the lot thanAe""'!rear o 'tbe otincivals, cture: , feet from the ordin ae by floe City Cou :. of the structure is water level to the front 1) Fenccs.'mav .only be placed directly on.the property line with the written permission of the adjacent property owner and when maintenance fre6 rhaterials.are used; and. 2) All.other fences may -only bcinstalled with adequate setback from adjacent property lines to provide for ownermaintenance, and. 3) All fences installed within the set -back .area must proiride for .a fu-dshed facade. facing: adjacent property. B) Patios, f replaces, sheds.and pools.. Updated June:5, 2017 Gent Lake Consolidated Land Use Ordinance — Page 14 SECTION G -.SINGLE FAMILY EXECUTIVE °LRX" RESIDENTIAL DISTRICT Most of the presently zoned "RX land in the City of Gem. Lake zoning area is developed. Additional:new primary structures within this land .use classification will..likely be constructed within. the.range of 3,50a to.10,000 square foot of spaces. similar to the existing primary s.tructures.now in the: rest of this district,.. As additional land is considered for rezoning into this.classification by planned re -development ' and subdivision.frora the ".RE" zoned classification, master planning,clustering and other similar concepts should be used to maximize efficiency of roads and municipal services. within the district. (Refer to. pages .5-6 and 5-22 of the Gem Lake 2008 Comprehensive plan for the :source of these details) Section 6.1 Permitted. Uses 6..1.1 Within any "PUC" Zoned `Residential District; no structure or land shall be used expect.for one (1)or:more of the following uses: A)Iili uses permitted in Section 5.1 and asregulated therein except.:as herein amended. Section 6.2.Perrm'tted Accessary Uses 612.1 Within anti "RX" Zoned Residential District, the following uses shall be permitted as accessory uses: se. uses Sectian-Conditional. . �'�` 1 Within ar. za; Those uses amended. B) Two (2) family. dwellings. in Section; 5:2 and as Uses in land �tlaexe�_ sha�ll..b be %uSedsr�aI thf and as regulate 6.3.2•Structures with -side or rear elevations up to ten (10'.0") feet in excess ofthe. standard front building height. use; rt by °rein (S3 Agricultural Structures, including but not limited to barns, stables, kennels and the :life: Structures irn.wliich farm animals. or fowl..are.to. be housed shall require a set -bask of one hundred (100� feet of any,lot line except Where the following... conditions may provide for easing the restriction: A) the structure shall be partially screened from the views frorn neighboxing houses, with said screening to be existing or planted and. maintained: vegetation or the natural topography of the lot -and surrounding lands and with the amount. of screening to be .measured. at full. growth in thesummer season; B) the structure shall not be less thanone=hundred (100'0") feet from :any well, ISTS or neighboring dwelling;. C) the drainage chaa:acteristics of the land shall be.such that the concentration=of animals and animal waste shall not taus.e,real.orpotential .pollution or nuisance.probleim; D) the design and construction materials of the of the structure shall be consistent with the main dwelling: on the property; E) such other factors. as may: be deemed:materiai. by the City. Updrated June.5, 2017 Genr Lake Consolidated Land Use Ordinance — Page 15 6.3.4 Bed and Breakfast Establishments 6.3.5.Vit i cles, iricltidibg inoior homes., campers and trailers, in excess of 7,000 pounds or 20 feet in length. 6.3.6Faintly Day Care Ilome 6.17 Country clubs, golf courses and other private.non-commercial recreation. areas and facilities, including swimming pools; provided that any principal building ox. swimming .pool shall be located not less than .fifty* .(50) feet from any ather.lot in a residential District. G.3.8 Essential Service Structures 6.3.9: D oublc+f6tnes 6.3.10 'rowtihomes and Villas,:attached anddetached.thru the PUD process. Section 6.4 Height Regulations 6.4:1 N.o prin ip.al structure -shall exceed. thirty (30'0"} feet in Height .and no accessoi�r structure shall exceed fifteen (15.'0'.) feet in height measured ftom the ground six (C..0"). feet from the primary front entrance to the .highest point of the.roof structure. side facades°;may. ;exceed; thirty (30'0") fe it use Pe t wl i l ''a dr sses; at a mini A) ThefcadeutomhWbeo of . e'neieWi:�ris while: n'iheir d growth said"treening 6`i ='=etsttg or plantq i.� 5.aud siizrvtvadg:lands: with. the amount n: and bject point views i maintained f.. ceening. to be the verticali flf any facade iii"gexestipn shall.be interited bf oof line.(s), deck(s); W6 ay window(s), or other, such three=dirnensipnal architectural features) which preclude the creation of an uninterrupted vertical plane of.greater than tluxty (30'0") feet at any point; and, C) chimneys —weather veins,. cupolas, 'antennas and the like should not be counted as . an element of the structure for height measurements; and, D) lowerlevel walkout design fearures may beincluded. only in areas where the natural topography- provides for the design and no . anificial topographical build up or grading .change in excess of four (4V') 'feet' collectively is required.or created; and E) whenever a side or rear elevation exceeds the allowed height for that district, the structure must be. further set back from the side and rear lot lines by the standard set back distance plus two (2'0") feet for every one (1'4") foot above the standard front.height and, F) :such other factors as..the City may determine based upon the special at unique conditions and circumstances of the.lot and its. surroundings. 5ection.4.5 Area, Frontage and Yard Requirements 6.5..1: The.follarving minimum requirements shall be. observed; TABLE .6.5.1 Updated June 5, 2017 Gem Lake Consolidated Laird Use Ordinwice.—Page 16 TOTAL AREA BUILDABI:E AREA FRONTAGE 3.0 acres 20% total area 150 feet FRONT YARD SIDE YARD REAR YARD. 40 foot set -back 15 foot set back 35 foot set -back OPEN SPACE LAKE FRONTAGE 50% total area 200 feet A).A side yard abutting a street shall not be less than:twent , (20') feet. B) That portion of a lot considered as the. front yard shall be as. determined by. the City.:Council. C) .AI1 Residential structures slxall be.. set back at least one -hundred (100') feet from :the1ordinary high water level of the lake and its attendant wetlands.. The ordinary 1411 water. level of the lake. sh-all be as determined by the. City Council. 6 5:2 The following structures .can be erected within set-backs.:as long as no.part of the. structure is closer to the front of the lot than the rear of.the.principal structure: A) Fences from for a finisl B) Patios., fireplaces, sheds and pools. acent oxide scent Updated . 01C S,. 2417 Goo Lake Coiisolidated Laird Use Ordhiance — Page.17 SECTION 7 SINGLE FAMILY `°R0" R.ESIDENTIAL DISTRICT The existing: structures within this "coning district ore. single. family homes. foundprimarily along the :edges of the City of Gem. Lake: This.diwict is.:dmost:fully developed with. single family homes and the Gem.,Lake Comprehensive. plan does not project: of assume any .gains in .housing units from: this Zoning area, It. is expected that any new .residential construction or re- development in this district wouldcontinue to be built in a density of 1 residential unit per acre to maintain the visual feel of the area and the value of the existing homes, It is possible that additional areas, alongthe perimeter:rinajor thoroughfaresand along. the edges of the "RE" and "RX zoning districts; could be zoned as "RG" districts to provide diversity of housing. There are also lots within. thus district that would allow re -development if multiple adjacent parcels are combinedand existing structures moved or demolished. The combined land could then be subdivided in smaller lots: I.f further residences are: added in this district, master planning, clustering and similar concepts would be used to maxir��ie:.the benefits. from. community resources such as municipal water andsanitary sewer. (Refer to pages 5-6, 5.21 and 5-23 of the Grrm-Lake2008 Comprehensive plan for the: source of -the above.detaih) Section 7.1 Permitted Uses 7.:1.1 %Within. any `RG" Zoned Residential District, no structureor land shallbe used except for one.(]) or more of the following uses: uses permiq -Section hGe�rein-atnended:= =: : .i �`,:.��-5�!-.-.['^lYx.�.i::i�a��:A ��'.-`..=i.!"-�zrYu�^=".,.5:�<!"Sr,��)•���,�'."�.': B Theo• arboriri"`and housingcultnr h al�n3nals'on lots. lesstlian one 1:0acre shall.no.e. allowed. Sectia7r�2 l ermitted Aecessa l ses n,;.;._........,...._.:;., _ ;7 2r;1 Witlii i an RCF Zon . ed ResidenttaT... i tr'c`'` t1ie:Eollavvin i� '&, hae be ermitted as accessoryu es: A) Those uses or structures pennitted in Section 6:2, excluding and as regulated therein except as -herein amended.. h .) Sg' poolsprovided such pool.is.fenced so as to. control access and is located. not less than fifteen (15D feet from any other lot in an "R' District, and subject to Council. approval. Section 7.3 Conditional .&.Interim. Uses 7.3.1 Within. anyT."Rq" Zoned Residential.District, na.structure or land shah be used for the following uses. except by Conditional Use Permit. A) Those uses or strudures..listed as.. Conditional Uses in .Section 6:3 as regulated therein, except as herein amended. B) Two-family dwellings.. C) ne hatboring and housing of agriculturalanimals on lots greater- than one (LD) acre. D) Townhomes or Villas 7.3.2 Structures with side or rear elevations up. to. ten: (10'.0") 'feet in excess of the standard front building Height. Updated June 5, 2017 Gent Lake Consolidated Land Use Ordinance —:Page 18 7.3.3 Agricultural Structures,, including but not lirnited to barns, stables, kennels..and..the.like. Structures in which farm animals or fowl are to. be housed shall require a set -back of one .hundred (100) feet of any lot line except where the following conditions may 'provide for.easiiag.tlie restriction. A) the- structure shall .bepartially screened. from .the views from neighboring Houses, with said screening to be existing or planted and maintained vegetation or thenatural topography of the lot and surrounding lands and with the amount of screening to be measured at full growth in the summer season; B) the structure shall not be less than one -hundred (1,000") feet from any well, ISTS or neighboring dwelling; C) the drainage characteristics of the land shall be such that the concentration of animals: and anunaluwaste shall not cause real or potential pollution or nuisance problems; D) the design and.consti:uction materials of'the of the structure.shall be consistent with the main dwelling on the property; E). such other factors as maybe deemed material by the City_ 7.3.4 Bed and Breakfast Establishments 7.3,5 Vehicles,: including motor .homes, .campers and .trailers, in excess of 7,000 pounds or 2D feet in length.. 7.3.6 Family Day Care Home. 1 No rind al='structure shall exceed; 3Q'QS,.,_feetrie ht an riv accessary structure. sh iexceed fifteen P (. ,-f rY fl feet in h fir me iar ir}:tl `e aund six G1.0 fee pm the: ; y fi > ' .. gt entrance to thJighest pvixzt of ); roof structures" '-".. ' Y 2 Back:aad sir a facades rna exceed 3{) b! feet h:h,, ut no rnorc.than fo 4fl'fl" feet}'?" h ht subject _ Y Y ( .'I rt ( ) I ^., l q.. �Conditioiiai Use Pexuut whichaddresses, 40 in, the fi7llp vim criteria: A) The facade in question should be partially screened from comparable and reasonable vantage point vieWs`of the neighbors while -in their dwdling(s); said screening to be by existing or planted and maintained' vegetation or the natural topography.of the lot and surrounding lands with the amount of screening to:be measured at full growth in the summer season; and, B) the: verticality of any facade in: question.shall be interrupted by:roof line(s), deck(s), bow/bay%wmdow(s), or other such three-dimensional architectural feature(s) which preclude the creation.of an uninturupted vertical Plane of.greater than thirty (34'0"). feet.at any point; and, C) chimneys) weather veins, cupolas, antennas and.the like should not..be counted as an element of the.structure for height measurements; and, D) lower level -walkout design featuzes may. be included. only in areas where the.natural topography provides for the design andno artificial topographical build upor grading change in excess of four (4!0") feet collectively is required or created, and E) whenever a side or rear elevation eoxceeds the allowed height.for..that district, the structure must be .further.. set back. from the side and rear lot lines by the standard -set back distance. plus two (20") feet for every one 0'0") foot above the standard front height -.and, F) .such other factors as tlie.City.may determine -based upon the special or unique. conditions and circumstances of`tlie lot and its surroundings. Section. 7.5 Area, Frontage -and Yard Requirements Updated June 5, 2017 Geni Lake Coiaolydated .Land Use Ordi►rance:- Page 19 7.5.1 The following minimum requirements shah be observed; TABLE 7.5..1 TOTAL.AREA BUILDABLE AREA FRONTAGE 1 acre 20% total area 1.50 feet FRONT YARD SIDE YARD Rr.AR YARD 40 foot set -hack 15 foot setback 35 foot set -back OPEN SPACE 40% total area A) A side yard abutting a street shah not be less: than .twenty (20) feet. 7.5.2 'rbe following structures can be. erected within set -backs as.long. as no. part of the: structure is closer to the front of the lot than. the rear of the principal s.trucoare:. A) Fences 1) Fencea.44 ionly.,lic., laced directly ors -the property line;:with the -;written per issinn-vf::the adjacent - to °o�ii'�r ad�viihininairiteriarice:=&ee�;;i�aterials ar :used': arr�`��'" :. instaU ivitl a equate se 7 ck from adjacexit p oper hires to provide ,,. All fettces. instalIect;idiin the>sela'ar area :3nust .pro,ide for a finished facadPlacing adjacent s, fireplaces, sheds and Updated Jtme:5, 2017 Gent Lake Coiischdatad.Latid Use Ordhiance -- Page 20. SECTION 8 — SINGLE FAMILY'IRS" RESIDENTIAL DISTRICT The existing structures within this zoning district are single family homes found .pritnarily along the edges of the City :of Gem Lake: 'This district is :almost fully developed with single faiiiily.homes and the Gem Lake Comprehensive plan does.. not project or assume. any gains in Housing units From .tlis: Zoning area. It is expected 'that .any new residential construction or re-. development in thus :district would continue to be built with:a density of approximately .1 residential unit per acre to. niairitain the visual feel of theearea and the value of the existing homes.. It is possible that additional areas, .along.the perimeter -major thoroughfares and along the cdges.of the "RE and "RX" zoning districts, could be zoned. as "RS" distxicts to provide diversity of Housing. There are also lots within this district that would allow: re=development if multiple. adjacent. parcels are combined and existing structures. moved. or. demolished. The combined land. could then be subdivided in smaller.lots. If.further residences are added in this. district, master planning, clustering and sinriilar concepts need to -would be. used .to maximize the benefits from community resources such as rnurucipalwater and sanitary sewer:. (Refu to pages 5-6,. 5.21 and .5. 23 of the Germ Lake 2008 Comprehensive plan for the source of the above details) Section 8.1 Permitted Uses 8.1.1 Within any "RS" Zoned Residential District, no structure or land shall be used except for one (1) or more of the following uses: uses :pexrn}tt.tr� Sec#on.,7:1.:and. as .regulated therein ex Permitted :: 2.1. Within anyr S !Jx�'.x,�'riie R sideiaYiaV istAct, the O" 11aN-vi. uses slid, I11E,''1.�;'{�� �tte�i�"as accessory y f�. _. ,r F��SCy s; •�'L tC� �. �.. F' ..�5•x'f.C.i.G �i.tr L..'... Sectio A) Th?M" ses (Astructures permitted in eefzor'7 2jant�'a�.regu i1__ a therein except as 8.3.1 Within any "RS." Zoned Residential District, no structure or land shall He used. for the following uses except by Conditional LTse.Permit. A) .Those uses or structures listed as. Conditional Uses in Section 7.3 Arid as regulated .therein except as herein amended. B) Dwelling _ Two-family. C] Townhomes and Villas, attached and detached. thru. the .PUD. process D)11ie.harboiring and Housing of agricultural. animals. on lots greater than one. (1.0) acre. 8:3.2 Structures with.side or rear elevations up to ten. (1.0.'0') feet in excess of the standard front building height 8:3.3: Agrictiltural Structures, including but not litnited 'to barns,..stables, kennels and the like. Structures in which farm anitnals.or fowl are to be boiLMd shall require a set -back of one hundred (100' feet of any lot line except where the following conditions may provide for easing the restriction:. rl) the structure shall be partially screened. from. the views from neighboring Houses, with .said screening to be . existing or plantedand.maintained.vegetation. orthe topography of the lot. and surrounding: lands and withthe amount of screeung to be. measured::at full growth. in the summer season; B) the structure shall not beless .than one -Hundred (:1g0'0") .feet from any well, ISTS or neighboring dwelling; Updated June S, 2017 Gem Lake Consolidated Land Use Ordinance —Page, 21 C} the drainage characteristics of the land shall -be such that the concentration of animals and. aniinal.was te.shall f: not. cause real. or potential. pollution or nuisance problems- 1 D) the design and construction materials.: (if the of the structure shall be consistent with the main dwelling on the property; E):such other factors as may be deemed rhaterial by the City. 8.3.4. Bed and Breakfast Establishments 8.3.5 Vehicles, including motor homes,. campers and trailers, in. excess of 7,000 .pounds. or.20. feet in length. 8.3.6 Family Day Care. Home Section 8.4 Height Regulations 8..4.1 No principal structure shall. exceed thirty (30V') feet .in height and no accessory structure shall exceed fifteen 051011) feet. in Height. measured from the ground six. (CO") feet from the pti-mary front: entranceto the highest .point of the roof structure. 8.4.2 Back. and side facades may exceed thirty (30V) feet in height but not morethan fortq (40'0") ..feetin height subject to a Conditional Use Permit which addresses, at a minimum, the following.critetia: 14 ``flze. facade: °ueslari slioulre axtiall .sere `" `ed from cam arli' grid ""is'onabii3'` aiY ` a "oi3 f the nelftors w di in their dwAGA(s), said sere rii g to be by Ming or planted .and :main ed: vegetation or ther06ral to"`ography of.thejj*and surra +`` ding ands.with tl anivunt of scree .to bMeasured at .full growth. 1ti3'the Sl7I.IE:I`Se'd:$Di3'`'.•',d.IIC�' �:> ;.;z.,..��i� •.%'`�s �;?°? B} the icality of any facadiz i question -hall lie tc rupted bytroo£ lines), .deck(s.), bow/lia`' windows), or otliex s sh three4AR'mensional arch itectu al features) why - reclide .the .creation of an uninfEru ted vertical pIafie''af greaterltlan thirty (30'0` :feet at an r In and, C). chimneys, weather veirAs, cupolas, antennas and thelik-eshould not be counted. as an. element of the structure fox. height measurements; and, D) lower .level walkout design features may be. included. only: in. areas where the natural .topography provides for the design.and no axtificial topographical buildup or grading change in excess of four (4'0") feet collectively is required. or created; .and E) whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further set back from the side and' rear lot lines by the standard set back distance plus two (2'0") feet for every one (1'0"). foot above the standard front height; and, F) such other factors as the City may*terrnine based upon the special or unique conditions and circumstances of the lot and its surroundings: Section 8,5 Area, frontage and Yard Requirements 8.5.1 The following minimum requirements Shall. be dbserved:. A) Lnhen on -site septic systems will be used for structures constructed in the "RS" zoning. district the following applies: TABLE 1.5.1 A) Updated .Irene 5; 2017 Gent Lake Consolidated Laird Use Ordinance — Page 22 BUILDABLE AREA FRONTAGE TOTAL, AREA 7511/o total area .100 feet .7.5 acre FRONT YARD SIDE YARD. REAR YARD .35 foot set. -back 1.5. foot set -back 25 foot set -back OPEN SPACE 40% totalArea B) When city sewer is currently available and will be used for the structures constructed. -in the "RS" zoning district the following applies: TABLE 7.5.113 TOTALAREA BUJID.ABLEARF—A FRONTAGE .50acre 751/o total area 100 feet FRONT YARD SIDE YARD REAR YARD 5 foot set- 15 fbotsdt�bkk r K. 0Q.E 1_11GRE �N SP 4 taI A., z AMV m 0 ` C) A sidle d a0d"ttina stre g . not s. a �20) yell'— Ss5: Tie It stiag- be erc'e' set -backs as . . ..... as L es can fta t fthe�structure qT4.o is cj,'rD to the Eont of the lot than thexe-ar.of-theprincipal structure: A) Fences 1) Fences may .only be placed.directly on the.property line with the written permission.of the adjacent property owner .and when maintenance free -materials are used; and 2) All other fences -may only be installed with adequate set.back from adjacent property lines to provide for owner maintenance; and .3). All fences..•latalled Iitl- zn the set -back area must provide for a finished facade facing adjacent prop". B) Patios, fireplaces, Sheds and pools. Updated June 5, 2017 Gem Lake Consolidated Lamd Use Ordinance— Page 23 SECTION 9 -- GATEWAY"G" DISTRICT 9.1 The intent of the Gem Lake Gateway District. (."Gateway' or. "G'� is untended to.. allow £or development and redevelopment of the real property associated with. Hoffman Cotner arid.points westward along Ramsey County. Road E extending northward to the border with the .zoning districts.identified .in Sections and G. of this Ordinance. This area hasbeen the subject of a visioning study and includes both cormmetcial;and residential opportunities as described.iii.the City: of Gem Lake Comprehensive Planand other -city documents. As :introduced by the visioning plan and envisioned by the Comprehensive Plan, the Gateway will. emphasize commercial development and/or redevelopment in the..Hoffman Cornerintersection which traditionally has been the location of the Gem Lakecommercial district. As one moves westward along County Road .E, tlie. intent.of the Gateway is to transition.into more residential type neighborhoods becoining less dense until it transitions to either the Estate Residential district or the Executive Residential -district. It may be permissible to apply to rezone the: Ne ghboxhood Edge. subzone of the G. District to existing traditional.zoning..(RE, RIK, RS, RO):provided all setbacks and: area.requirements of.said sections :'are met. tlny such rezoning may preclude the use of Planned .Chit Development as an option. 9.1..1 Purposes. Specifically; the Gateway -zoning district will attempt to: A) Promote development .and redevelopment consistent with the visioning plan for the Gateway area :by encouraging residential usesin conjunction with commercial and expanded recreational activities.wluch in turn will create an active street life, while enhancing the vitality of businesses and:reducing vehicular traffic.. for D) t(s) that ion use: permit..provisions, to ensure compu6bilitT of mixed lan`'the site:`ztT;`" incentives txa; pxot ate:mixed-use re:. evelo rrient projects. F) Encourage sustainable arclutectural engineering and landscape design that.'s xrrkplernented by responsive green construction practices. G} Preserve natural.resources; minimize the. carbon footprint of the City, and establish a key. zone -within Gem Lake. that is respectful of neighboring areas and is instructive for future generations. I-1) Encourage pedestrian and bicycle use. Ij Ensure that commercial and residential'uses in a development areAesigned to be compatible with each other. ]) Ensure. high standards of site design, :spatial relationships, . architectural design; building materials: and landscape design. K) Seekto put in place those areas identified in the Comprehensive Plan (as.supported by the master plan) that includes four "sub -zones": 1. Neighborhood .Edge: Intended for lower density single-family residential :hoasing development to act as a.. transition between new iiai�ed=use construction find. existing single-family detached structures on adjacent lands. This subzone in its basic form with accommodate single-family dwellings on. larger lots, or with application of incentives, more. compact Domes. on common larger lots. or on compact lots with enhanced buffers (used in clustering), shared with accessory buildings and generally served from a front or side driveway. This subzonc may be used to accommodate the development of public. open spaces as identified in Section.10. and.Section 18.20 of this Ordinance: Updated Atne 5,.2017 Gem Lake Coiisolidated Land Use Ordinance -Page 24 9.2 .2. Neighborhood Gencral:.Intended to beginthetransition from purely residential use at -low densities to more :intensive mixed -use development .at the. district's Center. Tbis subzone will. accommodate a variety of residential structures at varying:densities; aind also begin to integrate lower -impact of€tce:or retail. activities which complement the residential setting. I Neighborhood Mixed Use. Intended to establish a neighborhood focus that is distinguished by mixed :lase buildings, together with denser residentialoptions and smaller -scale commercial and office buildings without.xesidential coriponents. This subzonc willaccommodate a variety of activities and services within easy walking distance from homes throughout the District, .supporting daily convenience shopping and personal service needs, and also providing opportunities for public gatheringand social contact. 4.. Neighborhood Center: Intended for the most urban conditions lvitlmisn all of the shown mixed use: areas. The mixture of land uses emphasizes ground-floor.retailwith:offzces and residential rental above: (as.marketacceptance matures) and.structures providing comrercial space for medium and large —sized retailers. Street: frontages. throughout. this subzone should be.pedestrian-aerated, and the public space should be defined by placing building facades at the edge of the sidewalk. Neighborhood Centex land that abuts other subzones.on:the north anal west sides will be carefully planned to ensure lower -density buildings. Where developers insert .a minimLuxi 200-foot buffer at existing non -Gateway residential properties, .or especially along the extreme eastern edge of this subzone, the City. .may allow as a conditional use multifamily: housing, including townhomes,. row houses, or. apartment buildings three stories or less in height.. l.Rclations'' ;to oth ortions of }rdiriance d`otF cr CitS Ordifik ces..The requirements of; is Section -may flict with or d licate` ome portionIr-, Ordid"' e. Airy such cori%Tict, when it relates to the use?of.land in the ::. s. .eway Distric6,' hallTa i 'oi the la e ins ` .5cction `'. "ei"" '"` sions of tlnis`Qzdinance a 1 .:xh..:.v Pp 3 ,An the Gate . # G" zstizct., including.provisions �pxP1anAMUnit DeV9, opment (PTJID} and Ins i onal Overlay. ,,,. ;; T or irtstituttQnal bvj proposs'iay be usedr:7''ctirliiaixori withY;an lace of these atioxaaind.procedures forth in t '` n{.: F itc•�' has'Section: �r'�:. A other Gem Lake ordinances which relate to the. construction of buildings and use. of land included in the Consolidated Land Use Ordinance and tither land. used Ordinances (includingbut not litnited. to the Adult. Use Qrchnance,.Building Code Adoption, and Pawnbroker Ordinance) apply within the Gateway District. 9:2.2:Adni4iistration, Conditional Uses, Variarnce, and Appeal: A} The Building Type standardsare intended to be employed. and usedto entitle the construction of.a building upon land inn the same manner that listing a use as `°permitted°' entitled land in other Zones defined. by this Ordinance. The processing of conditional use permits, variances; amendments, platted.subdivisions and other land use applications which.. may necessarily accompany an. application for building approval in the Gateway District shall be processed simultaneouslywith the'review of the. Gateway Districtproposal, ■whenever possible. I3} All new construction, remodeling or expansion (except for .the xemodeling or expansion of single=family detached dwellings) within the Gateway District requires a Zoning Compliance Permit. The Zoning Compliance Permit is indefinite in duration and the entitlements stated on the permit: shall run with the land. A Zoning Compliance Permit is 'granted after. determination that .the proposal complies with all applicable standards set forth within. this Section (Thoroughfare Standards., Civic Space Standards, Building Type Standards, Parking,. and Design Standards). As set faxth below; the final approval for the Zoning Compliance Permit will come from the City.Council for proposals which require Council approval in -some form (such as a platted subdivision or conditional use permit)., and the. Zoning Adnministrator for proposals which do not otherwise require Council. review (such as single.buildings or minor subdivisions. without variances). C} For the purpose. of providing administrative review and processing of development proposals within the Gateway District; the City Council hereby:appoints dae:Zanirng AAninistrator to serve. as the:primary point .of contact between the.City and applicants for zoning approval. Upon:receipt of an application for land use.in the Updated Ame 5, 20)7 Gem Lake .CorrsaUdared Laird Use Ordinance — Page 25 Gateway District, the Zoning Adtmnistrator.shali ensure .that'the application iscomplete within fire (5) business days of receipt. If the. application is. not complete, the Zoning Administrator shall return all materials with .an explanation of what. s required to male the:. application complete. When. the application isdetermined tobe complete, the Zoning Administrator shall: distribute. copies of all submitteddocuments to the City's appointed. consultants in architecture, engineering and planning. Tlie Zoning Administrator.sliall.00tain written.comrrient on the application. frorn. each consultant before the•scheduled Planning Comrnission review'of the application, or before making an administrative approval where authorized. D) if a City consultant identifies a failure to meet the standards of tliis.Section; the Zoning Administrator may not administratively approve. a permit for the proposal. The Zoning Administratox shall meet with the applicant to attempt to resolve :the deficiency, and re -submit any revised or clarified proposal to the consulting professional' who identified the problem for review. If the consultant'agrees that. the.deficiency.is corrected, the Administrator may issue the permit. lam} For applications. oii a City Council 'app oval track, the Zoning: Administrator shall also. attempt to resolve any deficiencies noted in consultantzeview`with the applicant prior to: the final. Council action on the proposal: The Planning Commission and. City Council may choose.to act on theproposal within their reasonably used discretion,. even if the matter is. not resolved prior to final action. F) All applicants seeking. a Zoning Compliance Permit: must subrait a development,plan with their.application. G) .Conditional Uses'. All elements of a development plan which require conditional use permit approval may he combined intoa single conditional use.permit application for the proposal, with a.single applicable CUP fee £or; cview.and prgressing ns ddition to: other rac quired applicatio =�Fe. _. ggtiuns.af ,•rflpvsed;huildir� ;which 1.-; v;� Y rna" used fi%ilfed"ir ditional us n t `di==;""l"u"'`": lid ^� co# creed o a l of con tto a s approv s'"p2i of the PP 3;.:,, ::..:: . develo 'cut ap cation, unless p Y'"'"' space 1►e.tenant, oc.r anEt�vr owner o£'tliir s ace'is known attlie tii:of a lication and rseed a conditional use: rntit. All a licatio s> or Condit "n use permitapproval. all otherwise be rocesseel"tin th same nil ier; s=::other a f dons f r`canditionaV `_ as c e r a roval, us' .. be Procedures Kg and critda[a statcszectiori 7,...5 of this adG;;, z.= .. �:�r•:5" :5 Ir: ariances a nested in 8of nection: ith(a' Gatewa `; 7istrict';i evclo mcnt proposal shall' aprocessed in tle`ame' manner -as variancesfraizot%i Sections. of t1usC)dinaice, using the proceduresx1d criteria stated in Section 17.4 of this Ordinance' I) Any applicant aggrieved by a decision, mandate or other action of the Zoning Administrator may appeal the matter in the manner provided by Section 173 of this Ordinance. 9,2:3. Existing Uses and.Structures.at Adoption of Chapter. The standards generally applicable under Section 1.6.3 of this :Otdinance shall apply to. existing structures :and uses located within the Gateway District' uponthe adoption of this Section;. or existing on land later added to the Gateway District by te-mapping on the date a new zoning inap .becomes effective —An applicant seeking' a building .permit to materially alter or expand a legally nonconforming structure within :the Gateway District shall .submit a partial development plan,.' containing -information as requested. by the Zoning -Administrator to allow review of the alteration or expansion's compliance with Design Review requitements set forth.at M and the Connectivity Requirements set forth at'9.5.3. 9.2.4 Incentives. The City Council.may establish incentives which. apply to encourage certain. types of land use or preservation. activity within the Gateway District. The Council may set the incentives by adoptin&a separate ordiiiance uil-ich.ideriti8t&r-lcarly the item or items.. the Council seeks to encourage, the allowance or .allowances: which d-le Council js willing to offer applicants, and sufficient 'criteria. to `allow the Zoning: Administrator and City consultants. to evaluate and score applications seeking .to apply the. incentives and. allowances: The following text is an example .only. The City.af Gem Lake seeds to improve transit options: within Me City. Proposals which incnt�arafing puGlic transit optionts into an overall developmern plant will receivewdianced civic.pace credit for ibe .pace dedicated to the 15trblic iransit ofation..:Spaze borttrres wrll appZ gc follows; Btts waiting area, uncovered. 2°/o boners Updated Ane. 5, 2017. Geni .Lake Consolidated Land Use Ordinance — Page.26 Bus waiting: area, covered• 4 Sirs tviritirrg. area, inte�grated. wI building S°l° Bus R.apad Transit access 1061 Rail aae,ss or access to station: I0°Ia Rail transit station.- 30% Inlemiodal transit center.' 50% Prnposed.spaces must meet the criteria for Public trxzsrsit facililies established lay the .Metropohian Couitdi hi order to qua l ,, for space. boauses The City Couned shall approve. all requests for transit incernive:.bon uses. The Zoning Administrator shall :consule avitb the Cite: Engineer to revierv..and make rerb.& rren iztion r fln:tlae request for incentive lreaitzrent within an appliFat on. The ability to alter or:change incentives may not .be used to allow a variance from .the standards of this Section or this Ordinance overall- An ordinance establishing or modif9ing.available incentives shall not take:effect until45 days after adoption and publication, and shall not apply to any applications filed with the City prior to the effective date. The ordinance creating incentives may., at the City Council's discretion,. provide a method for an applicant. to propose an incentive as. part of .a development application in Reu of only seeking a modification. of dimension or placement standards through amendment or variance. 9.3 Placement of Subzones and Integration:witli Neighboring Zones 0.3.1 The Gateway district is cornposed:of four sub -zones: A) Neighborhood Edge C) .Neig`. rhoed-Use D) 2 Mapping �Squirem�is. Tlic City Council sha11 assign the su :;hones jand included within the District. - y ivpual'sliall assi and to each su b.ne aut refei ence-Eo:exis`tsu' lot lines or tax arcels €i nntaixied within :... c gn ,..: :..W :..-,g p. , Gateway District. In assigning land to sul - oncs,..the. Council shall at a minimum: A) assign all land lying within 200 feet of a developed parcel zoned. Estate Residential (RE) or Executive Residential (RX) as Neighborhood Edge;. and B) not assign any land lying within. 450 feet of A. developed parcel zoned Estate Residential (RE): or. Executive Residential:(MM' as Neighborhood Center. Updated June 5; 2017 Gehi.Lake.Consolidated Land Use Ordinance Page 27. ON of Gem Lake Future Gateivqy Zone Ifb Zon es 1fap s LMEW 00_ kA mtimere"w:�ndLW �-xr7r:.i�'�!•t rt.�vA�rnrq aa:b:F ..� -,9psi Updated June 5, 2617 Gem. Lake. Consolidated Land Use ordinance -Page 28 9A Thoroughfare standards. Streets, sidewalks .and other pedestrian or bicycle ways witliin dedicated rights -of -way shall be considered and designed together as "thoroughfares." The street and pedestrian circulation .system in any development plan shall be used to organize and define the community, acting as .functional and visual links between .neighborhoods, the neighborhood center, civic: and commercial areas and open. space.. The circulation system shall be based on a defined, interconnected network to provide adequate traffic capacity, provide connected pedestrian and bicycle routes, control through traffic, limit lotaccess to streets of lower traffic volumes, and .promote.safe and efficient mobility through the community. 94.1 Genexal street design principles.. The following principles should be followed in street layout and design: A). Local street lengths should be short.. B) Streets should be- .designed with gentle curves.. and changes in .grade to -break the sight line of the road into smaller visual elements and cause drivers to slow down. C) Traffic calming features such as curb. extensions, traffic circles, and medians should. be used to encourage slow traffic speeds. 9.4.2 Thoroughfare Types Permitted by Subzone. The thoroughfare design in. a. given area. -of the Gateway District is determined in part by the subzone towhich the land is, assigned.. Right: of: way dedicationand the use of .the right o f_ way is.set forth in the Thoroughfare Type diagrams at Figures 2 and I. The presence of trees within :a. diagram indicates a requirement to: plant "street trees" within the indicated area.. A development plan's thoroughfares skull. comply with. the dimensional and layout standards applicable. to each thoroughfare type.. The following Thoroughfare Types are allowed in each sub -zone: ii) Nei borhood Gencral: A B, ; Ailey; BO e C'�cinl5' allowed. curia 250'.of ed Fm !.r Nei T'oxl�ot ►ifirced=U e b .�'�lley, Batileva y iv) NeigffiorhoodCeztex =7lic , Boulecl� -- .. . Type EM&rou fares lSo propose a Plaza wxtli a tlxoiaugli axe as 174 NQTE; County Road E and Highway 61 are not included within these as "frontage" for any Building .Tvpe:when using this Code: as �icted. Updated Anie S, 2017 Gent Fake Consolidated Laird Ms :Ordinance :Page 29 UCW� kom% 4w wait 5'tri�t n '.yam i �"'�'�'. ^•FsAverage.Dnilv'I'raffic: Less than 25d iHewalks; One or both sides, 5'n-�nirnuZ: T I 14'iv 16' 11 10'mnninmai 0VC,A ROW AV «r 4Y crage Daily TX.Afig: 5Q .50 l Lanes: x ysT. 1'1kgaraIIel, both.sides ay not Gayer side :None re • ui�ed. T �linr 8' ]Ize: 1iY 7` i' nQni�o+u,n 0v cmU R0 %M 54' ro 54' Ovcrai] ROW: V Runs behind lots and buildings to provide: off strcet parking, loading, .utility and waste -hauling access, Travel Lane: 12' to i 6' ROW. 20' Curb/Gutter: Invested. curb 'for asphalt; Nonc for concrete updated .hine 5, 2017 Gem Lake Consolidated Laud Use Ordinance — Pake 3.0 Average D:uly'Traffic: 750-1500 Travel Lanes: 2, 10' -- 12' I'sulung: Both sides, pansltcl.or: angle. Sidewalks: Roth. sides, 6� n-iiniinum. May .cover side ROW Curb/Gutter: Required for frilly paved side .ROW,. op- tional if grass ar permeable surface used for parking lane and/or side ROW, � .a.v qua, :n::�'•:.,A<�.:. "'; . :_;�,�; e_� �)%a`y wr ::-;.,�Y:. �:_:• `vcrage Daily Tc aA C•� •.-?.=.;:ir.n vr-ss?€.0Y: r.s .c.�.�...c�s: ,.,;•. r, r• ��'aOel 1., xs�3, 12 1 Ci' tvitla optional ........... r. .......... ................ :......��.r........ ,.... .,........... _.. _ ;:ire s.y �•.'x` fir:,, tra lane f .� Pa -• ,.. , '? - b v'Flt y$`th sides 12' nxin nun. a ` l'`1ust cover side RCilIT quired, pedestrian limn is required 4",`6 intersections (see Boulevtt t diagram. SirEn+'21k PxlA or T—d Lane Ccncer Tr-m1 I .V, PsrF.;r4; Side 90%3' I?'ri�rt 1" fin: 12' ff(I pr.] Nil! ti' fL' i8'ni�:emw� 4 Ov?L-mU RO VIC 8W to 9 V - - < Nan madway portions consideredCivic Space, Average Daily Txaffic: 750+ 'Travel Lanes: 2-3, 12' -.1 b' with optional 10' center turn lane Parking: Both sides, angle sideNvalks: Both 6&93 12':ixi n rum. Must cover side -ROW. Curb/Gutter: Required only when. side ROW more than 50% impervious surface. Pedes- trian bump -out regtured at intersectioas and every 150' for "Ingle parking. Updaled June. 5, 2017 Gem Lake CbmWidated Land.Wl .Ordinance -- Page 31 9.5 Civic space. standards. The City of Gem Lake's visioning plan requires' well: planned and functional open spaces, preservation areas; parks and gathering places; whict are generally referred to in tlus Section as "civic space." An application's development plan shall dedicate or otherwise set aside sufficient land for public civk space, At a rninknum, 10%. of. the total acreage in deve] oprncnt shall be identified on the plans as Civic Space. The acreage of xvetlands .protected by state sracute and any wetland buffer icquired by a governing watershed district shall be excluded from calculations of ".total acreage in. development" and from the calculation of the 10% dedication to civic. space. A Civic Space shall conforin to one or more of the Civic space ]'cmplatcs. aC Figures .4 acid 5. T'he Civic Spacc 'Type used to design a given Civic Space shall be .indicated on any plan of diagz:ani intended to shbw cornpliaace xvithi this sectidn. A. Passive. Open. Space. The concentration of open spaces which separates rnore urbanised areas from less dense residential and naturalized areas. This open space has. no required features but may contain e-6.roaniental preserves, paths and trails; and open shelters, all naturalistically disposed. indicatedtdf ..die Ci 's l✓. istitig{� Land;- []se Plan as -Olth xi _dBg. irce screening .of 5Qklo opae G wSinaT1 fI' k7 ; p en s zcc a� 61c for ;e,4��kti n aizd.,Mhborhood'gathering. 1ex,=ay 13e ri y vet .oa Scd for playground, enrtuizruty gar- den, pergola, pwwc areas, or sirrular pat ;aetivities. �:: y;.: The ci �;:s 1 �aCer;(s defined b at: least oii�=`•fliroug h street and should be accessible via sidewalk or Bath. A. larger open .area available..for recreation, Which may include facilities for structured :acdirities such as athictic gelds or cmirts. (Lttriited to 40% of space). The landsmpe shall provide pared paths. and trails, and sonic: combina- tion .of open lawn, trees, and open shelters. Updated June 5, 2017 Gem Lake Consolidated fund Use Ordinance --Page 32 915J.. No cash payment in lieu of civic space inay lie approved for applications vvitliin the Gateway District: '9.5.2 l"he minimuin width required for any Building Type. udder F'igcres G through 15 Inay lae.xcduced .by up to 30% if the atea which R'ould have been contained -within that building lot before the reduction is trai3sferred to is Civic Space locatedw tNn 1/4 mile of the lot. 9.5.3 For Chic .Sli.aces which iridude at least one autorn oLive traffic lane or access, the area of the traffic lane or access is not applied toys=ard.the '10% niinisuum:requiretncstt: Areas within tile civic Space, areas-,Adtin a thorough- fare adjacent to the Civic Space,or .approved areas in lots adjacent to the Civic Space,.which are .dedicated for public or shared parking can. apply wward the -requirement if designed. in. conformity with applicable Thoroughfare or L' p2 ing' vype tetiiplates and the Parking regulations in Section 9.9. An..open space, available for unstructured recreation and civic pLir- poses. sl square is spatially defied. by roadway and building front- -ages. Its. lands cape shall consisto f paved paths, lawns and formally arranged trees, The paved paths within the square shallbe distin- guishable from surrounaig sidewalks :and. streets by ch 'ce of run- terials and design. Improvements such. as fountains; �er4olas, pedes mcmdes suds s e ela4s' i ay t to or civ s,thc street from tiic; sqi a?� shall. treat: eet sltciri}j1}.ryuare� as the?uldin's pi- xglc.pat'l ing cfitt leastiSVO OF i11e streets £rpilhn.b%tlie s uaic is ` �: q S ure a Y s S ••:�(;: va�•>'-5_�..'.. ...,]. C"e'ncoura ed tozndear3ditianal oil -street: arkin�E'>"for rte uls I3 it buildings. An open space, available.for civic purposes and commercial ac6 i- ties. A plaza .shall be spatially defined by building frontages. its landscape .shall consist primarily of pavement .;tnd formally ar- ranged trees,. Materials used m pave. the. plaza shall he different than the adjacent sidewalk and .sta;cet, and should complement: the colors. used in nearby. buildings. It. shall be located scar the. inter- section of important streets. The plaza itself may be..cmt figured as a street,. with a single travel lane no wider than 14' placed between . pedestrian-onlywallavays of at least equal .width.. EM linprovements such. .as bandshelIs or similar public gathering Imspaces are permitted, Benches and siri lai pedestrian amenities shall: be installed. Updated June 5, 20.17 Genf Lake Consolidated Land Use Ordinance —Page. 33 9.6Tuilding Type. Stand irds. .:9.6.1 Ninv.cons ttaction: in the Gateway 1istrict shall conform to one. of the followuag Building Types: ,tL) Single Family Detached House. {Figure. f,) B) Single -Fa. ri Attached I=iousIng 1. 'Tivirt F-lome(Figure '7) 2. Townhouse/Rowhouse �-tiguxe.Fi) C) .rlliaitment/- ondardnitim.(Figute.9) D) Bitngalow Court (Figure 10) E) J ive/NVoxk Unit (Figure 11) z) Mixed Use Building gyigum 12) F) Commercial 1. Retail/.Office Buking (Figure 13) 2:. Single Use Building (Figure 14) h. LYith Liner Building (Figurc 144) b... .NVith Collar Uses.(i•+igore'14b) :3. Autp-Oriented Layout (l igure. l5) 9A.2 Use of Building: Type Templates. figures 6 dirough 15 contain all regulatory information governingthis dimensions of lots and thedimensions, setbacks; .Height; .mass, placementand use of: buildings in the District: The City's review of a development application shall primuiiy apply the information contained in the applicable Building Type Templates. Terms and concepts used oithiri the BuAding'l ypc Templates arc. further defined nis follows. Frontage Set. ,zCltc}rciugh fare. Type oit lY,lbg�: ?oriented topazi oi?Ca'r .Street and haw [s'j an altXs allowed by the hors :of flier-EM street'-dseasw.:ed perpcsdicular to tlr�:bnta and C" tiii ty R s 1.Fes^ c- iiot- i Atage S... `and. slxould lid all etas tli� tealat line to the grcatest.e g"irr Coun Road ;%ri hts-ofY va sub ect;T1e stY' the:Biuild}n_;••,? entta�.'ce ni`,.t?i'Cilaifte ,fzvi7ta- ary .� .� � 1 Type cha""� i. "Width" is measured treet. Fo ;fi arpmes of placing hit7ldin propert3 j .4.aA�:y, w- Aai those road: ft;possibl�w'I'sirlwig%, , m`-1 abut the `,"' req Crnents of the Gein Lal frontage ghvay 61 is=of .Nvay vay 61..or 1-1cight l y Story, The ` di ni ed licight of anytuilduig='is determined by the nutnlici of stories allowed And built. The height .of each story .is determined by the space between the upper surface of any floor and the upper surface. of tlte:flom next..abovc, or the ceiling ( caked roof) or.zoof (flat xboo. above #'or top stories.. A story must have a arum nni lieight of 1Z feet and a maaiinum height of 15 feet; buildings tt ith. assigned ground -floor retail and commercial shall have a ground -floor height of at least 15 feet and no more than 20 feet. The top of a peaked roof is limited to. the..average.story height of the building, measured .from. the ceiling of the topmost floor to the highest gable of the roof. Half -stories (finishing rite .space, if any, baween the .roof and the topmost fall-stoxy ceiling):are per rriitted for all huildistg types in ail stilixones, C) Building: types with. specified height.liiiuts shall he measured. from the average elevation.of the sidewalk wi which the build ng's.prim.ary entrance is located anti. the coping of a flat roof. or the deckline of a mansard. roof D) Basements, All. building gees. are: permitted t.o laavc basements if it is technically feasible to build basements on .the chosen building site. .0 walk -out basement is considered a "story" for Height regulation, but other .kinds of basements are not counted against the height of the. building. L) footprint. The building. footprint is the area occupied -by the horizontal projection of the building's first. floor; excluding the floor area. of attached garages and porches or decks .built as allowed encroachments into setbacks. Within the building envelope defined io. the Bading Type Teinplate, the hori7ontal projection. of upper• floors niay not extend more than ten feet in any direction over the footp .int, e cept for portions .of the. upper floor built directly over an:attached garage. F) Nass, Ratio, When used on a Building Type Teruplate; the perceiatages listed in the Mass table define. the L tmr:di rum area allowed the horizontal projection of ozie floor mi :relation to the area . of the horizontal UpdaiedJune 5, .2D17 Gene .Lake Consolidated LLand'Use Ordinance -- Page- 34 projection of the bpi] dingfootprhit and attached. garage, if any. G) Building Placement 17iagram, The diagram an each Building Type Template provides xegulatory= information on the setbacks, buDd- to litres (lines on which some or all of the building facade jnust be placed), the "building envelope" in which the footprint.may be placed, .frontage types, permitted encroachments of porches decks and balconies, placement of accessory structures andother ttezns:wlvch regulate Elie built env romnent on a. given lot. 9.6.3 Combiihat on of .Building 'Types on Single I ot_ The Building Type templates regulate lot size, but it is not required drat each building be on a separately conveyed lot lf.multiple building types.are proposed, the ditnensionnl. standards should be applied as though .thc 'lot were being divided. Any total .surface coverage or bulding footprint standards may be combined among all of the buildings included .an a particular lot. 9.6.4 New Building Types. New .building types may be proposed in the rrianner of other aine.ndtrcnts. to the Zoning Code using the procedure in Section 17:6 of the Zoning ❑rdiinathcc. tl pXOposal must contain all infarmadon included is existing analogous. Building Types., including buz .. not liniited to the dimensional standards, use designations, and f-ontage requirements. 9.6.5 Use Regulitiaiiin the Gateway District. The Gateway Distrlcf's regulatory focus is first. upon the fban of each building and .Its relation to tlhc surrounding environment. This section regulates the use of .space within buildings, except to the extent tllat :any structureor land use existed as a. legally inolhconforming use prior. to. the adoption .of this. Section, as a:rriatter seeondazy to`the built .form. The use -of land.in the:District is. regulated by the Building Type Templates and is directly related to the. building form, M. yCeneral T r as' a%i ;J['err ' ttd Uses. The �ltling Type Te flog s f a boil . Wlhen xnu e use.categ� ` listed and ; Elie us nay ire coiribizled oih. e,;=float at IMP etion of t11e :. A- multip"se CA gories are �t��'' as alter eves � ycT4 as "off Q. f ., -, assignri sihe ti e _i 7?s '` i the dis 'S1i oft Y yy���vner o �.. Tempmes. may sn coiitair eesfic earl z z4s r7iini' '-ifails wh , ... to t[1e-:laa ticula bililding. T'l goric >crins arfol T'xen ises Can li ng tez lnutnan :d by a slash (such. as ` bffccf retail"), or accupaint of the b'' brig. VAien' g ;d [_A'' the floo �''�ay only .he xa�`ib i ie bading' EuildinS Type : T e. dify the application a ;, se. category Office. Non-residential premises used for administrative, clerical; professional. or ShIl ar activities. Office as used in this section includes medical and dental..officcs used by five (5) or fewer medical. principals (doctor, dentist, chiropractor. or. similar professional). Retafl. Premises for the sale of merchandise and food service, For . oses of this Section,. banks with. teller scrvice are. considered `retail" instead of "office." Athletic clubs and fitness centers that are not tine primary use of the building space are carisidered a "ietazl" nse.. Certain personal seiz:ice businesses are considered. "retail" if not. the primary use of a building: barbershop beauty salon; clothing rental and dry cicariing pickup (lint not on -site processing); And tailor 5114p$. Commercial. Premises for the conduct of t'he :following activities, which are not included within the ineaning.of "Office" or "retail" for purposes of this Section: Athleticclub./fitness: center (when primary or only use of building space); business school or trade school; veterinary clinic; funeral home; hotel; recreational pritnaty use :(such as a b❑wli.ng alley.); cabinet and carpentry shops, heating, plumbingor electrical sales and service; printing shop, upholstery shop, warchausing. Conditional uses of space assigcled as "Commercial" are: automotive repair and. service (including gas stations}; car wash; light industrial. uses which manufacture, process, store and distribute foods and materials not likely to crcate offensive noise, odors, vibrations, dust smoke, licat, glare or. other Objectionable influences and are in general dependent upon raw materials refined ebewhcrc. Updated .June 5, 2.017. Gem .Lake Consolidated Land Use. Ordinance — Page 35 Figure G: Single. Famzly Detachea House DeFtttition: ope. dwclling unit on its own lot, .detached from other adjoining lots. It raay: bave.an attached or daache.d:.gaxage, and .an ac- cessary- Unit to the rear of the property-. Lot Size and Placement; Lot Width,. 200' >.ninimurn, no maxiinurri Width/.Depth: 1:1 tmifinutn, no inaxi nwn Fiontage.strcet:: T3Pe.A or'TypeJ3 Aky: Permitted, not rec aired Parking: 2 off --sweet spaces (street parking not aPplicable) Total impervious Surface coverage: 4.0% Buildii ln[Gnr Minirnurn Height-. Maxhnurn Height, Building may lave attaclicd or detached ga- rage Of up to 800 sf as part of initial proposal or by .separate building peimit approval, .Lar= ger garages -may ve approved by .CUP. Lots for this type.xizay have. a separate slied in Ad- dition to any gat'age, .up to::200 sT, Without need for any pexxnir approval. Larger sheds (up to 1X0 S. ] may he approved by CUP. May apply tq. use. btAding for Tied.:& Break- fast as a conditional. use i-a Neigliborhood General subzone. See Figure 16 for full list of accessory and conditional uses associated Nvith this Building Type. Upduled Jane 5; 201.7 Gem Lake Consodidated.Land Use 0-dinance -- Page 36 Deflaidow. A stt:uctuce with two dwelling units. 'sharing a common ,twli .nor stackers one civet the. other, archifecLurally presented as a.larger single -Family house in. a typical. ncighborhood:setting : Lot Size and. Placement: Lot lVdth: 150'.rninunurn, no maximum Width/Degtli: 1:1. ininimuin, no ztWtuum f"iontage. Street: Type or TypeC Alley: Permitted, zaot requue6 Parkuig: 2.off street spaces per unit (street panting not. appiicahle� Total i npetvious Surface coverage. 406/6 Biiil i g Footprixat: :<' i Fantarint: lesser of lota,0{30 s£ BuildingPlacernept and.Relation to Streets: Earn ;,c , l Vkasw:w En,c �s %W4-ua— ife - :;: .:: +c�uhmc�i�s�,tlui�ed lltlm,n•.l�snEd�::g 1f!'.COMO10-0) E�i<s�rdir, Foni54:: F]rn N.— mb m k viEEi . - LviGi a�Iinvrlope, .Icy: �a Irrins«i�:r ridrrul uertio� . .511) rrar u:67cf; rvrcl:w�.aFlcq Minimum 1= eight: 1 stco Maxitnun-i Height: 2 stones Building may have attached or detached ga- nge of up. to. 800 sf as part :of initial prol30821 Or by separate .building parnir. approval- No larger garage is perrraitted ,with this type. Property may lave a separate shed of up to 200 sf Without need .For: any .permit approval. A larger shed may be approved. by CUP it the Neighborhood General subzone. only. May apply to use building for Bed.& Break= Fast ,or for unassisted Senior Housing as a conditional use. See Figure 1.6 for full list of .accessory and conditional uses associated with tivs Building Type_ Updated June 5, 2017 Gent Lake Consolidated Land Ilse Ordinance --- Page 37 Definition. n.indsvidual.sugaure on a parcel with a rear yard and individual (standalone. or tuckunder).garage accc5kd from an Acy, oc- cupied by one p.=' axy±csidcnce in an.: array of at leas t:i lircc such strue- tures side. by side .along tine con mon frontage. Lot. Size and .Plaeemcnt: Lot Width:. 30' minimum, 80' ziawa huzn (see below for courtyard lot) Width/Depth: ha set ratio Frontage Street: Type.B ot'Type. C, Tilley: Required. Parking: 2 off street. spaces per unit:.. (street p arking. not.. applicable) Total.Impefvious Surface Coverage: 756% Foot�srrid'=lrtnsfc'd'ta of70°�a Building 1'lacemew and Relation to Streets: ,lUs 6rtnmL'uied Ynt.vldtk cquv [omiximurn s:50"�o Cuni[sSiden�all: E'sn:io�tlimcnts: i � ��UilflltS� r'mn';nad rF 6 4 Envelope g s;dcup1k•, .. � � r I regi,imfio �. .. i"_niiiiiion � srrhicl� 6mvicen �]EavriYf x]daas pu6Gr fa�[dscye � [wvr;houscl' Lnrcoxhmrz,[,; . a�k[•nFva}• inrure: � rc+w]rw,psc vn;cr. � �r�n�Tr� ridr.�lk ¢ !fear 1rl' I ( i 10'egh3ckla non- nuy:-cinder Tn[a[ bi i]d" I— a rci is GD9a of err:,. F�"'P,c a .(excl,eucssvxy Glr3r�) Common Yard Arrangement Separate Lot Arrangement Minimum Height: ? stories Maximum fIeight: B: 2 stories C. 3 stories Modifications and ExcIusions..: Not authorized in Neighboxhood Edge subxone. Bzilding. znay haveattached of detached F fumt Aml garage of up to 800 sf as paxt of initial proposal or by separate Uuildiu eunit approval... Property inayhavea.separatc shed of up to 200 sf without need for any pe=tapproval, May apply to use building for Bed & Breakfast or for unassisted Senior Housing as s-conditional use.. (: t6mcrb� Sec Figure 16 for full list. of accessory °"'°rI.iw and conditional uses: associated with. %. [n rearirx me this Building Type Updated June 5,..2017 Gent Lake Consolidated LaW. Use Ordinance --- Page38 Definition: ..structure with more than two dwelling tuiifs on single lot. 5i2c and placelmenc. Lot Width: 125'minirnurn, 200'maximuin Wicltb./Depft. 4A rn,iinturn,.IA ma-ximum Frontage Street: Type. . C at Type D A.11cy: Required Paris194. 2 Off street spaces per unit (street parking not applicable]. Total .ln>,pertious: SurfRcc coverage: 7 0 "/o Building Footprint and Mass: Footprint: Euited to 65% of lot g Wass 4 1Qarias '0 '. or less 4 10 0 0/0 i UU70 I vv_/O - Building Placement and Relation. to Streets: 4�"m ­6 54' 5'IIV73'W U61 (see 9.6. 4 11/0 55% Minimum. ]"height: 2 stories KLNImuni.14cight: Q 3 sto-des D, 4 stories MA ax Rcsiq.(ntial 3 IN, ntial t 11., 2 ResMKIc VEO Reside tAX/Parkhig 1. 0 Modifications and Exclusions: Boding in Neighborhood General sub - zone may have additional. ics idcatial. features such as separate sheds. for resi- dents: May use building f6r uilassisted seniox Housing widjout. c1qF approval,. or as an a . ssisteddiving fAcilit7 as a conditional use, See Figma 16 for full list of accessory and conditional -uses associated with this Buildiag'Fype f,�)dal6dJune 5. 2W Gem Lake Consolidated Land Use Ordinance —Page 39 Definition: Four or more smaller standalone homes around a shared c(u)tral court or walls on a sin gie:lot, with pedestrian access to the street. Lot: Size and Placement: Lot Size: .1 acre mini3nrun per`unit. Lot Width: 100:, minimlun; np masitnuin Depth/Width: no. set:satio required Frontage: Street: Type C, Boulevard Alley- required Parking; 2 off -Sweet spaces per Full. (street parking not. applicable) Total Impervious Surface Coverage: 546/o Faafpririi ' _=` 750 sf, max I,5''06 sf per unit: Building Placement and Relation to Streets: IN fmnr 6Lim w tine V Minimum. Height: 1 stories Maximum Height: 2 stories ntial M'0 1 ications and Exclusl........ - ,.� i'i. T� ulding may provide detac&'d garage of up to 800 sE per unit as park of initial pro- .posal or by separate building permit ap- proval. Larger garages may be .approved as part of initial: development proposal. Lots in Neighborliood General may have a. 4m,d,• separatc.shed in addition to any garage, up ncs ,,;ittedil, to 200 sC without need for any pernur ap- ildry -k; i2irr proval: wired ,o tress May apply to use one or more .units for Bed &. Break -fast (tndxed-rise sub"ne only) or as an assimd-tieing facility as a condi- donal use. See figure. 16 for full. list of accessory and conditional uses :assoCl'ated witli this Build- ing Type. Updaier rune. 5, 2417 Gem Lake Consolidated Land V.se Ordinance—.Page.40 Definition: Integrated rowhouse-style dwelling unit and,ground flaar woxlung space.,. consisting of.at least 3.units axtayed side -by side :al0tip, the primacy fi-ontage. Lot Size and Placement- LotWidd-i. 30' minimum, 8UATIR14mu;2� Width/Depth, No.set-ratio Frontnge. Street: Type 13, Type C. Boulevard flliey: Required PAE1 ng;. 2 off street spaces per dwelling (street parking not applicable} 2 spaces per 1000 sf'office uses 4 spaces per 1.000 st retail uses. Total Tmpctvious Surface C:cvcragc: 75% BuM'* Footprint: FootpaxnL.lunited to,; Obju of to Building Placement and. Relation to Streets: [imr;<ranvs, oerii�icA eoi-er-ntr,snce Fbgada �iksuErl;ny C.sminu��us, appae[ ,flay hrvr ca[ry •,[T Jy frF- lor.. [.c Y, ini fait[ L�l. ef1[•roJ�i, !rj1 InG rntEy Fr�[x,n}'� ii lcia;.] G�•e[ Ia1f� c limired [a f 5;5.uf aua+iI ac kw V ,;dmr�i - ,.v: 30'.vaf [ 6iack Fru�gsgc user �ia�,v,r ir, Fa,rt]yr. , Arcade I36ti•siitl:" •...g .Galfe'...•St�[ri'rUiit: adiarcni loi nort�uli . .. .. � . ar i+,dririlr d:sanrii.ar No si¢i irk ifs 1.. rpe � Gui63iri;�n;th rrxidca- ;rcnvlEhu tli;+�/xerf:) iiti i3niirii>3y3!i r. clecl; .ri�i.uie: M!•M1 [1F.i5ti. : ... [•`` 9rpatEn [aCCDACil- ��menfs.up ro l+Y in[t7•.�.. . �. .....v'reay�rd rras•ce: : a:f:id�rdJmrtuad�r:.. : . . Pp6mi ' . � e3yed gar.ye] aceesird f om ;.,:� 5 Min; Heights: 2 stories May..Height: B; .2. stories. C/Blvd: 3 stories Office/Retail: .400 sf.nxisi., entry from street frontage ieq'd.. R§�ieiitial 33 (C1PM•vd Only) 4 r. R §idential .2 • Res.OUO iil/Office/. arlcing: Modifications and Exclusions - Not authorized in Neighborhood Edgesub- ti,�u-t„r zone. Retail use of fist floor space is only allowed with building frontage on a Type C. street or Boulevard in the Neighborhood MLxed-'Use subzone. S`Iwn:rrfF>i scd„tk oa T31c f3a[rtt:,no See p'igu a 17 .for a full list of xesidential .and office/retail .accessoty and conditional uses C tt IN t it ms erect 6,nT3 [a r�.rYci. 3n[r. ass0ciatt:d. With this Building Type Ulidated June 5, 2017 Geri► Lake Consolidated Land Use Ordinance - Page 41 Definition-. rl structure with a vertical mixture ❑Fuses.. The upper floors tray be used for office or residential uses and. the ground.flPar may bq-us ed for office or. retail. Lot Size and Placement: Lot Width- 150' minimum Width/Depth: 4:1 minimum, 1.:4 maximum Frontage Street: Type C,.rfype D, Boulevard Alley: Reguized Parking: 2 off. -street spaces per dwcting '(street parking not Applicable) ? spaces:per 1000 sf affice uses 4 spaces per 1000 sf retail uses Total Impervious Surface Coverage: 80% 13uil is ?tia pxiRtand Mi }. r` Foot; if I%rit la`GSFd of tw _ RatiofEach St. Mass:_` Scenarios 1rc=n 5torfes 3 or 4.5 1006/a Building Placetirient.And Relation to Streets: F tranie t radc nF C.nniumc,i4, ]fay Bare rnrs}ury- i ontin na, wcugi d coin . bolding set Lack m:tri• . va?occupied roar —Wacl' {i-c• llAcmi}j u lrnsi 9' ayer nun W 6 ,n lot line; 45x (i.e. awniraFj ar:leasr.vow �aze%A; mis: 3id-4 limited rc 15".OF Wwk 9`riversiJta•allc 1(Nh.oFldd�; f'c r3�e_ � fron:agc ,.A co& '�,1' �i Qillt � ;. >r mmBnumaet6.lc�, dccBnrjry�oi S'. muinw»r ser}i.ick rnxm;�cfui�cnn ' u i 14 ! Q' vrif] ."��. oeu.yard, or orcr ? ietaiiteil/ tirckirnder '` '.. a parki„g � , ur.ua ej0r5']Ccess, CCSFed ie,tll i 55ox. IMin: Height: 3stories Max. Height C/Blvd:.3 stories D 4 stories. Office/retail: 400 sf riiin: Modifications and Exclusions: Residential coxnpdaeat i-pay Uc used as ara. assisted living facility as,.a conditional use, and restricted: to senior housing community «vith- Lutline ry llsnkt- . w line out permit. See Figure 17 for a full Iist of residential.and office/retail accessory and. conditional uses associated xith this P uiiding Type. 5: corner lot irrliacl.: ❑R'r]ju i1 etuerpu' sett, scR —T]Pr C C.r,nler ]�r liu3di:rymrsr ,mad 1. ,canal liar_ UpdatedJune 5, 201.7 Geni Lah, Consolidated: Land Ilse Ordinance — Page 42 Definition: it buMng designed .for ..occupancy by retail and office u..ses where the building .is intended for subdivision into tenant spaces, with no residential component. The building may hay=e: a primary. user and. smaller tenant spaces. (as..in a batik builduig with upper -floor office space for rent), but buildings intended for single -tenant use must use the Single -Use Badd' tetxnplate at.Figure 14. Lot Size. and Placement Lot Width: Widtli/Depth: larontage Street: Alley: Parking: 60' minimum, 201Y maximum IA minimum, 4:1 maximum Type D,.Boulevard Permitted, notrequired 2 spaces per 1000-sf office use d spaces per. 1 000.sf -retail us.e Total Impervious Surface Coverage: 80% Biuil-diiig Footprint Fool�*t: Principal': of 60% e ri6t area Place rirlr:— 1` 45. �• or {;runint<aw, 3fAy I— rnri} �y Coafu ww%q,Mpmd ewer building set I aci: mui• urwcnnied ct�rei enrrowh up m G' (i:c. hxknny' aI=t rl plc r. ,hum V fm Int Iinr; type fr.e- xar,iny). Ar last uurR �ideua!l, Max. sidrwxl� limited rn 15Un!l,lack B' mxr sidewalk 3ti•,. of i idF. rinnt4p•, � imrn.r�e wftv .. - ... .: I 3 .... .. .•.:..- :•. ...: •: .. o rerback w,le ss rmdrd rCCC35 i ld'mt-scrl,acl: FRr SF }.zrl:v,gzrsnFifmn al!iy 9r 5i�•irrCC! icec35. por}irl3 mutt 3�6ru tnraFlwddL,�. �fLinrai:t sniew.�Ek ,n«adty n+•cr dritr,vzy I attar Minimum Aright 2 stories Maximum Height: 3 stories 3 f Office/parking OfficeTl e#ail/parlgng odifications 2.nd.Exdusiotlsr; Nfay he oriented :using Building Placement. .standards to Auto-OAC rated Layout (Egure 1.5) when. building is lomted in the Neighborhood Centex. subzone, IX,s !um E3:�lR• _l Building may..lrave a deck or patio for .coin- mon. or individual tenant use in the Neighborhood Mixed -Use subzone bl con- ditional use permit.. itiR [nmC[ for :<a,:- fmm .. Surface parking lot landscaping is subject to cRcrRsd:mcats the Gem Take .Landscaping Ordinance.. A Ailw• j Eor e rrsnCts- parka, rag structure is .per pitted by CUP. Sec. Figure 17 for a full list of residential .and office/retail accessory and conditional uses associatedwith this Building Type. cG c 61 Lui;d y is .wt ngLwdrobwta r6 rear lot tk;c; but parl;eng lflG3r wcce sr M fmr.. side sitar at sky. r Updated.7una-5, 2017 Gent Lake Consolidated Lairs' Use Ordinance -- Page 43 Definition: A building dcsi ned for occuparicy. b retail 'service of office uses on the ground floor nrith an optional Inez mine- May :aN.o beused as template for placing a staridalope:parlitlig strilcture .in a pro- posed development Lot SFze Placement: v - «•"�'•'.• �a alyd LotWidtli;: W.rninitnum; MO, Maximum. '€tgry- Width Dcptla- 4.1 mininium, 1.4 maximum r �r Ionta c Street: Type D c� ]finer Frontage fa ;431= - h Alley: Pctmitted; not required Parking: 4 spaces per 1,000 sf.ofretail. Maxamun-i-Height: 35 feet; fox.application of 2 spaces per 1,000 sf of other tnassing.rule,. portion of building over 20 .feet is considered. 2nd.story. Total Impervious 35, Surface Coverage: $O°/a: 2 Offlce/Relatl/ Soil fkR Footpritlt afilMo Foot i? ; t: Maximum 60 cif BtiiI` iit ?lac cril'alxd Reliff n to.:Streets: ` " f±ntryuilv,.+dt c1G+riiinuoux, ][iy[.arr rn[ry�vap Cowmoo ii, ocevivied covrr. hu8ding:set luck m.xri- wbo pad rnrrr cn[mxin nR ry p' [i.c. halean7i 0lcur'1.`n.xr mtrn 4` lntni inf line; ryE+r au�iiiak it] -it non iidrw:nik, n.t:. .xidex-Ft7: Grsi,tcd to 15°6 ai 61ock. �I'�mrr eedewik 30:e of Ltd. tinntc. 6"m65 Es lntut.. . t 0xit 4a fetWel: Lri]ris neeilyd for ltarki,; ACCR" Fd' -wbirE: for p a:l:�r% firers$ and W I'm For ucw ' and Fidc rark'niq d E naalky-orskk- f surer accrm sidc p,rling n:ney Lupin to' 10 reu e F rmm iiSadc• d Exclus Al O'hate piacernerits and aligciii`esIts are al- lowUg by use . of Lir►er B ildin ' �(R Lei 4a}, ..;: 'E cil Buildi C Re 14 ,,,. rluto- ng j% 04 ed Layout (F'igirrc 15). "Camrher6d" 11se$ in any Single -use building. arrangement ire allowed onsites east of Highvty 61. only. A single -use [wilding may rr,t I== not be -used as an off -sale liquor store. ➢oild-rn line Clutdoor storage and outdoor display and Sales .of merchandise or equipment. may be approved as a conditional use:, No srtbuh fwm Surface pa_fUig.lor lart4scaping is subjcct to enrxoacEtmrm.. the. Gcm Lake Landscaping Ordinance.. A ' ° cnrry�rrs. parldrig structure is permitted by CUR. See :figure 17 .for a full. list of presidential. and ❑ffice/retail accessory and conditional uses associated with this $uilding.Type. cmmt, wit 11u:lrlini3 i, nbr regLmd to InAd tn.tt�r k'� 16m, bw pukingm k hr iru.t=d Cfnn< sldc It—L or Ares'. Up4ated.lune 5, M7 Gem Lake Consofidated Land U; e Ordinance — Page 44 Definition: A building thatconceals from street view a Single -Use build- ing for which it .is in'Practical .to design compliant ftont or side .fa+ Aes (such. as a.warel,ouse .Ur 'a Pai ling garage . Liners .may have retail ox. office uses on the ground floor and office or residential uses.on the upper floors, if any are built. Lot Size and Placernerit:. Lcrt Dimension; See:Single=Use Building 1~'rontage Street: Tyjx C, 'I.Typc D, Boulevard Alley: Permitted, not required Parking; See Single Us.e..Bading, 2 spaces per residentiat unit Y11sed (On -street larking not Applicable) Buile3;iit Fao g: tpri>nt. a � ICllass Poot tint iaidxin niaxzriin fnaLjitint ailaw :< ing e.site;'no rnumuim/nikx&num size: vj+ : rre ]lay late mr' uwq cccuP kd cuter 3swldwr"srr Lwk.mix;. r'k'KNpi(J rnrer roach Up in G' 1,2,m}•] ar lr�sr`Y mTr mum 9' 6w'k 1'r line; r3TK "Lr. awruni].r[ 6m. nun sirfcsvdk, nux. ki�r+ra31: limirrd m IY° PiWl l< 9' mxr s;dr wk- fiomN:r, lFa;utigr: . A 4tinrari sidrw�El: viio� dr}' nvei driiznn}•lrrc , de. � r �� �r . , EEE }------ „rrdrdrot �: acreu.. J� i3r3 `1 i f .. .. ip' noxy.rcdvack for parl.iig acrrss Sod r j 311';nsi t-ic�+ns j Ind ridr pvk;ng ii du AkFor'srdc- rarkiriq nray 6ryjn E7'f[s rear v. floor r f.sadr.. i Place - m Minimum:I leight: Smne as inner .bldg. Maximum Height: 1 story over miler single-us.e building. 2 Q.fficellZetai is ' Ingle Use Bldg. OffieellReiair" ' Modifications and Exclusions: Can. bbly cons a-ucted n- comiection miEli a single -use. buiidin& The.Iiner building 'itself 3i4l-r6 Gar may be separated from the :Single -Use BvEd•- ingby up. io'.2W to Provide an access drive or pedesta�ian arcade; Provid.cd that the Sirigle- Use Building remains shielded from street view. itin cpr it C 3U[ anirark imm dry i.,ltopr=K� See Figure 17 for: a full list:6f.residen6al and office/retail accessory and conditional uses allnwrd irir rprrancrs, associated with thiS.Building Type, Ceanier lriS 1n�k4ng is nor. rr:prird id ivald to rrar ?.rline, Gui par1:;<�� mast 6c ucsses[ from �;� Updated June 5, 2017 Gem Lake C_'onsolidaled Land Use Ordinance -- Page 45 I]efinition: Structure(s) accompanying a commercial use with Iarge parking requixeweiats, intended to maintain stote£rants and entrances on the public street. A Collar Building configuration pei'inits an M=ep- tion.to Design Standards, .alloxving the po nary entrance of the Single - Use Building to . #ace an :interior parking lot instead of . the frontage strert- The Collar Building can he integrated with the Single Use Build- ing, built with common tvalls; or separated by up to 20'. Far vehicle ac cess or a pedestrian: arcade. The side aad rear facades of the Single. Use Building -whidt are not screened from the stxeet by the (011at.Building. Inust satisfy Design Standards applicable to side and rear fa�xdes.. Lot Size and PlacemenLt: 5ee.single-use building Parking; 2:spaccs per 1,000 sf of retail office space; any off-street space required should be shared with centralsingle-use building par.king BuiIWfig Footprint aiYTMas Foo p{it: �vitivn ma iirn: £p rP lint ailowe t Eg'dI SMgl6, se N. ing o�i'ltlie;�site o iun/nPirnum size. Buiid- Snptdani ser:uE. reniiklwmmrreiA hors dwvco 6" uck xPA,2, tenant apace. srmrtie conridrr. eatyn,� ltu bz- r ryyc AWi g Eaya,k, Scyatatiuns it,. fi*v uys to 8' wr :dlmved 1u pennir ped xtirw a=c to sidccv41L' ho'n mvxta. - liT ;:.:. _ _ Na 'Ifpeekars:an w]y� uicd, dte. f=t Y. Sad mvucd inn:vn ihr'�irimar5 eivranees^ f i•. . appy.�xrinn of de ign, sunda�rd...F..._._._..�. __.._....... 777 MPAse 1 ..aide 6P cOWi tin. i Fn�nt.3•ranhe cvJ�r; siailc•usc li•,,.7d�y..` or 2om6ination oF3io:1i • .�-V-. ~ ..-�.- ..~�I:o Kty remcns to segarxte 2nil r ��� fn,m w4C use wdb"W. n! y sq,sratr• bm7d"aip ii,r vtdcaraao yiy�����ss • �+yp�p ua11,wx- Flom parking area to i L1sR�ai iI1WF}rn]Earb�ilc3u,g mrrnrscca. Minimum Height; 1 story Maximurn Height 5' Over inner gle-,:isa.building. . 35'—*I QfiicelRetai I rn and Exclusio e �- Canr=oilly be constructed in Mg single -.use building. sin- Bldg, with a Theminimuni height of a collar building .is measured by use .of a ` sto1S " Hoivever, the �Dr.)v1C W' AU-,trlinv interior of the buildingjs not required to Have a. second. story floor in order to exceed 20 feet;the building (and individual tenant t�nsckbxcf: f'ttn,s .spaces within the buulding). May be open for s`dc.rt"" its entire height.. fmnt,gclp ul:ix,d. San a auA ddc'r. 3'atking uea acresi dart m.a• See figure 17 for: a. full list of residential and hr tm to 37:ri K�n A'tr office/rctail accessory and conditional uses d�nn,nrat� associated .vith this BuddingTylie. I'�r.,�cbxk ��• Erarn thr !'rat No requw mcnt to build to rcir Inc line; Pm king tnnst br srrcrncd;n .e—d=t-'elt &'s . srst, duds. Updaded June 5, 20.17 Gem Lake {Consolidated Land Use Ordinance --Page. 46 Definition. Alternative layoutstandard.fox Sznglo-Use Buildings and .Re- tail/0ffice.Buildings designed. and intended. for .occupa-firy by automotive service businesses using drive through lauzes,.se3:vice bays, or.n. combina- tion thereof, Lot Size and Placement: Lot Dimension: See:.Tetnplate for bading.used., Frontage Street: 'l'ype D Alley )omitted, not required Parldng., See template for building used For automotive sLnices: Greater of 1 space .per 1,000 sf or 3.pei scx-vicc bay Total Impervious Siufaec Cat erage: 80% Buillfifig Foo Foati)&. Sec iised. Buili3 l aceiiz jirt find Rel2 ilon t 5 e t }=" an,, ._:....._..... , As driv&through for pmnitted retail use, may use setbacks Kju Wn heldw for access, but ❑thawlsc must ccnnply.with applicable build -to line and fapade rules for building type. For auto -sl!eci&c uses, Un. sp(kickc build -to lure for front or sick facades. .Brunt facades snwki comply with design standards (by itself orwith use- oEIiner buRdiE: jo. SidL facades may 11ave service bay ohnfr iings if ser hick 25' dr mnre nra .�ideu;lik, Access drives inust 0.reseive hiwgdty of sidewalk, Fca�t Z(t'; $tori��dsc� t3pat $�'i 4f }4C E>�.IPr�Ia��Ia� of1QV p�:gLCarc/Lent� Maximwn Height: Scc:Typc Template for applicable building. Modifications and Exclusions: fdCia automouvc-oriented tilt= such .as auto. xepa r ox other auto services).v0 r .a diive- tlri�rice_ovindaru. A l,"q. il�Uffice v _ r Single Use Bu Ming with LI - Btl l g..tnay employ this :lay out along. :...: ar "Jypa D thoroughfare; a. f. osed sm- all' gle se: Building standirAg e^ or. with x :,,. CZAr Building Inay 1equest tl s�layput exist of.Highway 6.1 only. See l^figure 17 for n:.full.Nst dresidential and office/retail arces.sorj* and conditional uses associated with this. Building Type.. Clpdated June .i, 2017 Gem Lake Consolidated Land Use Ordinance -- Page 47 gt'a2vd--.aaunisrjv0 as/2 pub7 paTbMOSUR-) a)jn.7_WaD GIUZ ,r aulaf patrPp n Q C, �. O . •-k .tiJ H O' G R. .0 M � m � � a n n _ n n n n nrD N. M kt' C C � >- 3 1-d r(� •d•:vsr' Id Id r i C7 C U r C C } T Id Id a .M O �C+ 173 c a 8• n 6 R ❑amulp o VUIUQ-Z aip go 1,•L f. ijouo3S nT 3tp j3i7At0jTOJ `ITW.4)d as fl.ruuo.mptmt u -j-un 7aT EuLTs LT put 93 sani$j uril4im sO a4r ld1li❑) , adri,L guiplinq uo `uoncocz. Tp urLmA% ,dClo„ .TO r,jvU0T41pui»„ se pagtirsisap s3sC7. �7 •spxtpuea� u4rsaQ aLla'. �Ll pauxaAoi osln sr pne ajelilrzray aEj_ &appmg ,)ql uc) P640 -kaui nua$. sT AllPpq 'liossDDDt 30. �uaizr?ai Td -LI pub:. 9I s1an2U JO Tontl In paAlosaz acj PIT1OTiS aurUzro:) panta7.rad ZUE p[Tt ';�AagT� payeas suomu9z)p. Tuaana� aTp u1PS 1�417nJ.. LT pu>;; g 1. ;),Ta!d us' T73assUfali0CILI. 'OdS12Mpling Llaua. rjIrn,TFi5i1ClH TOTLT3�,; 03 �Srl luTjTI 7i7TSnS'sn3iiuor.[ZS,T st LTQTIS} saszx :SxT urr TZ JrSOko� un suvntrTeA pue sasn :4Tossaa�T pa�sTT. °. rC�r�Tgt�tT3uto� aTla ur�t�s sari TT �piAosd L I .pue. 91 sawn it,T sash] aiir7uuxaaljr put klogsaaa�r (,j IJ} Certain uscs..of lan .d vvlucli arc:not. necessarily related to a building are generally pennttted within thc: Gateway District by conditional.use pez'snit;; Essential Scririce % actures., Planned QnitDcvelopmenr lnsticudonal 0ver3ay: E) Nothing in this Section or its 2nachmcnts;shall be construed to prevent the. application' of other.ClemLalkc.ordinances ecru ing to types of uses (includhig, but not IbTihed to; d.3e Adult Usc Ordinance and the Pawnbroker Ordinance) or to city licensing of husinesses and activities in general: ;rc R SS% {C U U "i 4J en 4Z)+ Gy�1 W ea. r.�x Cq o U V �+7. T V v Q a K m � m � Q U [� V yk G va cc a CJ ca x- G G o q v � 1 P,, w It 11 .11 N rn z} P P� r P4 a U a 0 O . 61 y ci i G eVrr /a1 V N N 4� 7� C+ .cd.W S w r 'Ur^. ca tj .r U ' C1 Z a y Updated Ane. 5, 2017 Gem Lake.Co►isolidated.Land Use Ordinance Page.49 45' a9v j — a0"WIp.10 asll puu7 P0117,pYOS'HO J a_yn7 uraD L loz 'S awlirpampol1 4:�w o i o r � C W o J 0 a a� ti x N. EX L��a•: C7 C� C Cl C ri n -x n It Matt yea C, * Id > d r- ° a 0 0 rD ry R. C `C � n, IiG. iJ �' 'tj] rD a7ro v n n. Y'y H t� O .T Cl Id r �S{ n w C C 'd d Id w w W y ."d -d �d t P V4 tiarz�st��ua�ti j 7rj rrtt�xrn� pa�rgrr{pxd: sr at uailj'`LI. pur 91 soMVV A so adkj 9uTpjTnq aqa `.ujaxaq suounTgap Z)y Suouru.popnjaw :ia pain aou sj axn��ixris. Ta. asn u 31 C�3 9:7 Proposals fbr .Undeveloped, Land or for Large Redevelopment- An applicant shall follow the following procedure when seeking approval for construction upon land undeveloped at the time this Section was adopted, or upon any plan requiring tlae platted subdivision of land or the: construction of new streets. Proposals. which include a major. subdivision of landshall proceed through the platting procedure mandated by the GenaIake Subdivision Qrdinance,.and shall submit the materials requested herein in addition to the materials required to support the application for subdivision. 9.7.1 Pre -application Meeting. Before making a formal application for a land use•planwhich will, involve the creation of new streets or platted subdivision of land, the potential applicant.shall prepare sketch plans and preliminary descriptions which reflect the. six .items addressed below. and .any additional items required by Section 12.1 of the Subdivision Ordinance. The applicant shall.. schedule. and. attend the pre -application meeting described in Section .11 A of. the Subdivision. Ordinance,.in which :the participants. shall address: all.of the following areas: A) Subdivision plat and related infrastructure; B}.Thoroughfare network and civic space;. C) Building Type placement and disposition; I]} Proposed Design of completed buildings; E} Potential incentives, if any, which may apply to the proposal; and F) Likelihood that environmental review under Ordinance 92 is necessaq. submit t� inistrator, A) erifT'1'ar applicant the City vNI addres, of all at)Dlicaiions and i iedt lan. All atrael tnents to,'He"'v— ftf unless. otlierwise.spepfical]J, ved by the I. A vicinity map, to.include locations of any public major features within: 500 feet of the site. and cant ring vmg. ts, railroads, major streams or rivers .and. other 2. Boundaries and dimensions shown graphically; along with a written legal description of the property I Present and proposed topography of the site and adjacent areas within 50. feet by contour lines at intervals:o£no more than five feet, and directionatarrows showing proposed flow of stormwater runoff £torn tile. sire. 4: The -location: of existing and proposed :structures, with height and gross. floor area noted. 5. Elevation views of allproposed.buildings and structures, vtridiUuilding materials and proposed colors noted: G. Phasing plans, where applicable. 7. Location and dimensions of existing and proposed curb cuts, aisles, affstreet parkingand. loading. spaces, and walkways.. 8.1ocation, height and material fox screening walls and fences, and other screening. devices. 9. Location. of all.existing and.:proposed water and sewer facilities and storm dxainage:systems. 1.0. Eylsting:and proposed publicstreen or rights -of way,.easernents; or. other reservations of land on the site. Updated Jiine 5, 2017 Oeni Lake Consolidated Land Use :Ordindi:ce— Page 5.1 11.. Location -and method of screening of outdoor: trash. storage areas. 12. Location and. size of all proposed signage. 13. Location and Height of proposed lighting facilities. B) Subdivision. Plat supporting data as required by Section 12-of the Subdivision Ordinance (if subdivision is .proposed); C) Grading and Filling Plan; D) Tree Preservation Plan;. E)'Sediment and.Erosion Control Plan or Stormwater Pollution Prevention Plan,.as applicable; and F) Landscaping. Plan. 9.7.3 Thoroughfare Network.. A) Orientation of Thoroughfares. The orientation of streets and pedestrian access should enhance open spaces and prominent buildings and provide for the maxiFnum number of lots -%6th southern exposure.. Allstreets shall terminate at.other streets or at .public land, except as specified below. Type- tl vrotigi fare e use 1fgloop streets.. Street Layout.. t terminate a stub"'tseet when tli stiil367§> § connection gloped;arl s- A stu equues a iieclicaiion of p 9'tl e'aret�vh the gXoperty from the closest v which the`#rouglfasc would run if built out. future phases :.right-of:way section to the i) .No lot shall be more than 550.feet from a street. intersection. A future intersection proposed as part of a later phase of the sarne development may be.used to..rneet this regi*ern&nt..Lo.cal streets shall be designed to limit and slow through tiaf& by narrower roadways, short lengths -and other geometric configurations. u}. Low volume streets ('Types A and B) should he aligned to form three-way intersections when possible. Three-way. .intersections create an inherent right-of-way assignment (the through street receives precedence), whicli significantly reduces accidents without the use.of traffic controls.. iii) A low volume street that intersects a higher -order sweet (Types C, D. and Boulevard)., should be. alignedwith another street to forma four-way intersection, which can easily be regulated.hy a stop sign or other traffic control device. iv) Right angle intersections shall 6e u..sed whenever possible. No street shall intersect another at an angle of less: than 75 degrees. v). The roadway edge at streetinteirsections shall be roundedby a tangential arc -with a minimum radius of 20 feet for low -volume streets -and 30 feet for intersections involving higher -order streets. a. Where the intersection of low -volume streets will be controlled by the. placement of stop signs,. the radius may reduced :to 15 feet. Updaied.Jww 5,.2017 Gem Lake Omsolidated.Land Use Ordinance— Page 52 b. The intersection of':a low -volume street and an alley shall .be rounded by a tangential arc %vith:a mitlirnum.radius of 10 feet. vi) Pedestrian crossing distances at intersections shall..be shortened to the greatest:extent possible; using curb bump -outs to cover space assigned. to .parldng...in other partsof the thoroughfare (see Figure 5; Boulevard; for example), or similar methods to reduce the average time required for a pedestrian to cross the Navel lanes of a thoroughfare.. vii) Clear sighttriangles shall be maintained at intersections, unless controlled by traffic. signal devices. a..For Type C and D streets intersecting law-volume,streets the. nain=' uin.required:clear sight distance shall be.14 feet. b. For a. Type C: or D.. streetintersecting another Type C or D :street the miniifiuin required Cleat sight distance shall be 130 feet. c: Tor any streetintersecting. either County Road E or U.S. Highway 61, the minimum required cleax sight distance is .subject to the standards of Ramsey. County or.the.Minnesota.Depamnent of Transportation. d. For Type tl and B streets. intersectingany other streets the minimurn required.clear sight distance shall be 15 feet. trian. Njetwork-, Pede•st# an sidewalks, stitute ail %rtegr'etrfiof the ave ans to m and amora Y�cornmuni g. hood 0 -" us, transit stook' schools shall. beef hirh may ii) Pedestixan paths shall be walkwa oints, on one to provide s pity and residential neighbor% ds, .town and s, municipal buildings,"and other public except for residential access lanes (Type enclosure and. shade: iii) Intersections of pedestrian padis with streets shall be designed with clearly defined edges. Crosswalks shall be: well -lit and defined with contrasting -paving materials or striping. iv) Sidewalks and paths shall be. a: minimum of 5 .feet in .width in .residential areas, and 10.. feet within commercial and civic. areas; where. practicable. Where space. for the minimum width is. not available, the maximum, practicable width. shall be used. v) Within lots; walkways :shall provide pedestrian access through parking areas or open. space .to building entries. Such wallways shall be located and aligned to directly and continuously connect' areas and.points,of pedestrian origin and destination.. Such walkways shall be%at.leasf 5 feet in width and be delineated by grade separation, planters, or alternate paving material: vi) Where the primary pedestrian access to a building.or site crosses an internal traffic lane or other automotive. access; thepedestrian crossing.shall emphasize and.place priority on pedestrian. access and. safety. The material and layout shall be continuous as the pedestrian access crosses,. with a break in. continuity of the automotive paving and not in the .pedestrian access way.. vii) All sidewalks. and pedestrian paths :shah be Handicapped accessible, Curb cuts. and ramps. shall be located at convenient, safe locations for the physically disabled, bicyclists; and people puslung sttollers or. carts. The location and design of curb cuts and ramps shall meet. dierequirements of County :arid State Americans with Disabilities Act ramp standards, and shallavoid. crossing or directing pedestrian and bicycle traffic:through loading areas,.drive in lanes, and solid waste. storage and collection areas. Updated .Rene 5; 2017 Gem .Lake Consolidated Land .Use Ordrnance —Page 53 XMiere transit service is available or planned, site plans shall provide plcas.ant and convenient access to transit stops. Where transit shelters are provided, they shall be placed in locations that promote security throughnatural surveillance and visibility. and shall be well -lighted and weather protected. 9.7.4..Civic. Space Placement. The plans should identify the 10%.or more of thge:total acreage ih development Which aiill. biz developed as Ci`iic. Space. Layout and relation to surrounding thoroughfares should be clearly depicted on the plans. If a development is proposed in phases;. the 10% Civic Space requirement shall be .calculated for thedevelopment as a wh6le; instead of for each. phase. The apportiodment.of Civic Space dedication may be unbalanced among the proposed phases; though any initial. phase of a development must include arleast one Civic Space in proportion to the.size of the. phase Phased development plans which.propose to meet over Half of the Civic Space requirement in a second or later. phase must include a timetable which shows the development dedicating or .building at least half of the required Civic Space within.3 years of initial development approval. 9.7.5 Building Placement Standards. The. -types .of buildings proposed in the plan and:their placement within theproperty is governed by the Building Type Standards set forth at Section 9-6and. depicted in Figures 6 through 15. The plan must depict thetypes of buildings intended for construction, their proposed disposition, :any incentives .sought by virtue of the intended design of ant, buildings .or arrangement of building types; and ally. special requiremcnts or requests for vMarice required to implement the buildingplacement plan. 9.7.6 Design Review. The Zoning:Administmtor shall refer all applications requiring evaluation of the Design Standards in 9:10 to the City Architect. The Architect shall review the development plan and .supporting documents f6r. conformance xvith the Design. Re6cw guidelines at Section 9.10 :and provide written comment to the —Zoning Administrator. If any deficiencies are noted by the City Architect in the design when the applying the Design Standards, the::Arehtect:•shall desczbe the:deBcicnc . and. s est at ]east one comply*alternative : =, :; 4r; �q7 7ypp a.•iY'St ,;r.,,. a..� -•.J• __L7a j. r b. V.7 Evaluatio'' f Tncdt fives.. Any ince``o-fves rxeated]y ie,City Council; ;and in effect at the titxre'o;E development = s plication ma ]C sou lit by the applicant, The incentive �tteins and allowances; and their effect on the overall I7evelo ment.Pla i sha]l .f : a"" p�ie`d:'. "�` , Ci Cvt rich ur ess sped a =: e1'"''ted`.witlrin the oicdruance creating the a livable. ii deative r'Ilie Loriii3 Administxa o s€�all; co f>tix with east one Cr consultant �;: s directed b 1?P a.:. g:=..:= ainance or t-tlhe t t'-ginisttator ";,;.hest .discXe Eo T `�i ''bmi to valuate the xo osed .incentives and. make a eti .� p. p a e zecontinentl ..4049'to thelap" roving aut) '?` i . Ifincerrtives area �4l eel for ,ttl e a licant and Zonin cL ninistrator shall rea eemeiit on the lication of inceztiv s`' `'riox to submi • `` theta ltcakion to the Plannin "„Commission..If any applied -for incentives are recommended for rejection, the applicant may elect to re -submit portions of the. plans. .t ... incorporate the recommendation without incurring new application fees;. the applicant electing to plans shall submit a written statement agreeing to% an extension of applicable timelines under 14fi n.. Stat. 5 15.99, Minn. Stat. 462358, and other applicable laws. and ordinances.. the extension request shall be indefinite; the Citysliall:process the re -submitted; materials within the timelines. specified by law; treating the date of re=submission as the. first day of any applicable rime. period. 9.8 flans for Re -development of Single Lots or Small Subdivisions. An: applicant shall follow the following. procedure when seeking :approval for new building construction .(not an addition or expansion to. an existing building) upon land% which was developed at the time of the application, either xequires no subdivision. oris eligible for minor subdivision. Approval, and for which no new streetsare required. Sur_h. application, should be processed fora Zoning Compliance Permit administratively by the Zoning Administrator unless the. proposal. requires conditional use permit or. variance.approval. 9.8.1 Sugginted Pre&m.tation..The plans for this type of development shall use the Building.Type templates at Figures 6 through 1.5, 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:o.f the.pxoposed building. typefor each.lot. M;2 Required Submissions. The applicant shall subunit four (4) sets of the application materials listed. in 9.7.2. The. Zoning Administrator may allow. the applicant to omit certainitches if it is clear that -they .are not.applicable to the overall proposal. In all circumstances,the proposal shall include theelements required for review. under Sections 9.7.5 (Building Type) and 9.7.6 (Design). 9.8:3 Connectivity requirements: 1y11v1e improvements to an existing roadway are not required,. plans under this subsection must. indicate how . the proposed construction would relate to the roadway if it were reconstructed in Updated June 5, 2017. Gem Lake Consolidated Land Use Ordinance — Page 54 9:9 accordance with the requirements of Section 9.7.3. Proposals under this Section 9.8 irrvohing more than one lot shall comply with Section 9.7:3.(C). Single -lot proposals must iindicate design incorporating the.requirements of 9.7.3(C), but only must build the improvements when -the adjacent lots on. the: same side of the right-of-way also have built such improvements or have been approved for construction.undei this Section. 9.8.4 Evaluatiori of Incentives: Any incentives caseated by the City Council .and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on. the overall development plan, shall be approved by the City Council, unless specifically delegated tivit.hin the ordinance creating the applicable incentive. The request for. incentive approval does .not require City Council approval of the entire plan. The Zoning Administrator shall confer with at least one City consultant, as. directed by ordinance .or :at the Adz iinistrato>'s best discretion, in order toevaluate the proposed incentives and niake recommendations to the approving authority, If incentives are applied. for, the applicant:and Zoning Administrator shall reach agreement on the applicatioxi of incentives prior tosubmitting. the application to the Planning Cvii-anission. If any applied -for incentives are.. recommended for rejection, the applicant may elect to re -submit portions of the plans to incorporate the recommendation without incutring.new application fees; the applicant electing to re -submit plans shall submit a written statement agreeing: to an extension .of applicable tirneiines under Minn. Stat. § 15.99, Minn, Star. 5 46.2.358, and other applicable. laws and ordinances. The extension request shall be. indefinite; .the City shall process .the resubmitted. materials within .the timelines specified b":law, treating the date .of re -submission as the first day of any applicable time period. 9.8.5.Administrative. Approval. If the application satisfies. all applicable criteria, the Zoning Administrator: shall approve the Zoning Compliance Permit. The applicant shall. execute a Development Agreement with the City prior to the: receipt of any 1_iuilding permit. kinder the plan. OnStreeflparking, r1, er.diagonal (angled} or par a3l.be icated on t1whor . &fare standar4s54t Figures��}yand 3 e be fvxwar os .rev Sa~r �* a rls spaces o ex .tha °Ina ng to t s li sr l . ail no Wider `than S eer. Plans fo���w. emO in tharau hf es and c%vc spaces t'`''avide a s taut orhv g,:. s Parkin Wcoifiun 1 /F,` �ia£ a mile. of "wild :entrance ma provi cdalong all streets other thAUUeys.. Parking -e angle''''arking is permitted or xeq V' d, the parking udica:'gcs. ` ;oil thorou hfaes and on- ate ent an,, er major, subdivisions.aMencouraged to tkof the irking. required for plann stiuildings..On ?applip tward that building's appl cable parking 9.9..2 .A parking plan shall be included for .all buildings, indicatinghow the parking. requirement for.each proposed building is met through .on -street parking,: shared .off-street parking or dedicated off street parking. Reductions in the. number of spaces required by the Building Type regulations: may be approved if the proposal is supported by :parking study specific .to the proposed building($) and likely tenants. Sharedparking..proposals. are encouraged and should reference the Urban Land.lnstitute'.s Shared Parking Guidelines .or similar guidance.. Plans including off,street parking and loading facilities. widen the Gateway District shall be. reviewed by the City Engineer and City Planner. If, upon review, either consultant determines that an alternative to the proposed parking plan is desirable, it will recommend an alternate^parkiiag plan to the Planning Commission -Which shall make a recorfanendationto the City .Coumcil: for .final. review and approval.. 9.9.3. The Planning. Commission may recommend and the City Council may require a contribution of land or money toward.communityparking facilities in lieu of providing off-street parking facilities on the property to be developed. 9.:9.4 On-giade.parking areas.within lots are prohibited within any front yard setback or in front of the principal building - On -grade parking areas shall be located at the side or the rear of buildings in.tnid-block areas, and may not be located within 50 feet of the intersection of any public streets. (excluding Alleys). Parking areas shall be landscaped in accordance with the Gem Lake Landscaping Ordinance. 9.9.5 Reduction ofimpervious. surfaces through the use of:interlockingpavexs 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 m natural amenity areas. 9.9.6 Bicycle Parking, parking plans shall include:designed space and facilities for bicycle parking, at a ratio of 1 Bicycle parking space .for each. 4 residential units. or 20 required automobile spaces. Bicycle parking facilities shall be located updated .Irene 5, 2017 Geni Lake Consolidated Land Use: Ordinance --.Page 55 within. fifty (50) feet of building entrances. and shall be.visible tram tlte.us.es they serve. They shall not be located so. as to impede pedestrian or automobile traffic flow or to cause damage to plants and treesi from bicycle traffic. The facilities shall be of permanent construction, attached to the ground, and designed. to allow the bicycle frame and both wheels to be securely locked to the parking structure. Facilities shall beat least two feet in width and six feet in length; and be placed to allow a minimum of Eve feet of back -.out or maneuver. space.. 9.10 Design Review Standards.. The guidelinesestablished in tlris. 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 expcctation is that these guidelines .be adhered to -In .cases. where Building and site design standards are specific to Building Types, those standards are noted within the. Building Type Template. 9.1 6.1 Site .layout guidelines. A).5ite design shall incorporate existing. topography and natural features, such as .hillsides., wooded,areas and grecnways..Important vistas and viewpoints, both frorn..thc. site and into the site, should be protected and enhanced. B) Building arrangement. When multiple buildings are proposed fora site, care should be taken to provide maximum street exposure for all buildings. () .Service and. docking facilities. ,Loading, delivery and service bays. should be oriented away from . existing. residences and u li streets:-�3Vheri this is iin xactical, service and<;do..ckin xreasssliall,l? s.cr=ned exam view P:.; .k: ^_ :fir"^.'. :"r^. •i,'r^. .;0 ^�"lir' two` the xo'sibr%�`of`��ails�"f`�cin or lands' I-..;... D) Dxi,&-tlirou&facilities,:whd0perrnitted .liall b4resigned wiff safe and easily understodd:traffic patterns and shad"Provicle sialft aent starkin s ace�s�,a sed oh; e wireixi its?of 5:ectiori 9.9. Dzave-t au lr windows should nvi face ublic stree .?and lauds e'A sl Auld of treat ':. itusances for adjacent pros. E..tS�ad6wing.. Were possibl&,4builcli4&`Yshall be loc"f.ti so i t they Minimize.shado. r_ ; "g on adjacent tv 'ertres. A su.)*d shadow. stiui to '%e required for au" buiFci u that is more than 2TACozies or 35: feet 9.10.2. Building placement-- Nonresidential and Mixed uses. At least 70 percent:of the front:facade of any Building shall be located on the front build -to line as. indicated by the Building rype Template (;with the exception of a `.`dooryard" layout as indicated on the template's layout diagram)..The placement of buildings shall reinforce the street:wall, rims d=' e natural surveillance and visibility, enhance the character of the surrounding area and facilitate pedestriart access and. circulation. Parking areas shall be located to the side.or:rear of the principal: building or use served. The City. Council, with the City Architect's. recommendation, may approve.alternatives to this requirement, provided: that any adverse effectsshall be mitigated by a masonry wall, decorative fence or planted materials., between 38 and 46 inches in height, which reinforces the street wail. 9.10.3. Building..placement -- Residential-oniy.u.ses. Buildings shall. be located so that the front doors .of the building or individual units face the public street rather thanthe interior of the site, unless 'a courtyard.layout is -authorized on the Template .fox the particular building. Parking areas and:garages. larger than 3 cars shall. be located to rle rear or interior of the site, or underground. The City Council, with the City Architect's recommendation, may approve alternatives to this requirement when.one or more of the following occurs: A) The proposed building has primary, or comer. frontage on a Type C or Type D .street. B) Commercial buildings are located across the street from the proposed building. C) .Unusual or unique site conditions make the :requirement impractical. 0.10.4, 8uilding:height. and scale. -In addition. to the heighr.and mass instructions contained within the.Building Type Updated June .5, 2017 Gem Lake Consolidated Lard Use Ordinance T Page 56 Templates, the: height and scale of new buildings: shall. be related .to the. prevailing scale. of surrounding development f :.... and .shall he compatible with surrounding buildings in roof form and pitch. Larger buildings, where permitted, shall be. designed. to. reflect the sarne:architectural massing and style as other buildings built or proposed within. a two -block area. If no other single, large.uuiidings, are present or -proposed. in the area, then the .facade. of the new building shall be designed to -reflect the form, mass and shape of several contiguous. smaller buildings within..the.two block.area. The. City Council, with the City Architect's recommendation,. may .approve alternatives to this requirement if a. larger building is proposed, to reduce its apparent. size by dividing the building mass into smaller s(ctions, including. - A) Stepping Back or extending a portion of the budding.fagade; B) Emphasizing architectural elements, including windows and entries;. and C) Emphas ling architectural elements of.the roof, including dormers, cliiumneys and.gables.. 9.0.5. Building facades.. Building facades shall provide architectural detail and shall contain windows at. the ground level in order to create visual. interest and maximize outdoor su veillanee and visibility.Exterior .materials and appearance shall. be compatible with surrounding buildings. A) Front Facades and Entries. 1, Primary entries to residential buildings shall be emphasized through the use. of architectural features such .as porches and roofs; recessions into thefacade; or other details that express the importance of the entrance.. At least .20 percent .cif the.. first floor facade .that faces. a 'public street or. sidewalk shall consistpf;=wiiidr s. axiddoom %Wiridows,,;shall be distributes}::' �:xnare..o -iessagyxa rnanvex:�Plans should `tI[�`''lacSr" doors. ana' on the `grit°" alsf`a btiltl% door qr opertitig:i5 placed on front fame, i.`sliall.not:.be ' ;cared on the buildings lersg edge facing es trei "flit shall be stljaek at leant fetfrom.the fiitline of the building or anapproved front :.. . h.;� vard ensdaelutiirl as a:t}orclf: i7r a de;.gver a tur_33zle'air�.% 2 'Prim entries. to ya�aresiden1,^ N o riiia t3=' ;e buildings shall. be emphasized thWgh the use of arclutecfal features ` itch as t`tsofs; recession ;to tleacade, or .other details %at express the -r ixport ce .of the entrance �L =feast Gt) percent vi`' lie first floor. facade. that faces ^public street or sidewalk shall be windows or doors of clear or lighdi -tinted glass that allow views: into and out of the building. The windowsshall be distributed in a more. or less even manner. The: use of traditional window dimensions :and a one-over=one or. two -.over -one sash arrangetrient is strongly preferred. Buildings .shall have: :entrances to a: street or public open space placed no more than. sixty (GO) feet -apart. Buildings are, strongly encouraged to use awaings. on the frontfagade, particularly over .the main entry. The awning should be compatible in style, material and. color to the rest of the building, and the width of the awning should fit the geometry of the building. facade:. Theremay be signage on the end panel or front.valance.of an awning; proportional to the space available. The installation of the. awning should not. hide any architectural. detail -or character features of the building. B).Side and Rear Facades. The. exterior materials.and appearance of the rear and side. walls of.anv building.shall be .similar to.. and compatible with the front. of the building. where the facade is visible from. a.public street or right -of way or :any residential district :and .concrete -block construction is .used, the. facade shall use.integrally colored block. or textured block. Any exterior building wall adjacent to or visible froin a .public: street, public open space, or abutting property may not exceed sixty feet (60' in length without significant visual relief consisting of one or more .of the following: 1. The facade. sliall be divided arclutecturally by means of significantly different materials or. textures; 2. Horizontal offsets of at least four feet (4 ) in depth;. 3. Vertical offsets in.theroofline:of at least four. feet (4D, or 4. Feiio8tratioti at the first -floor levelwluch is recessed Horizontally at least one foot.. (1') into the facade. Updated .Lune 5, :2W Genl:Laka Consolidated Land Use Ordinance —Page 57 9..10;6; Architectural. variety. The use of a variety of architectural features and budding materials is encouraged to give each building or group of buildings a distinct character. When. accent colors are proposed, the number of colors. should be limited to prevent a gaudy appearance. 9.10. Materials. All buildiiW :shall be constructed with materials that are attractive in appearance, durable with a permanent finish-, and of high. quality. New mixed -use or commercial buildings: erected within the Gateway District shall be of masonry construction, an equivalent, or better. Exterior building materials shall be classified as either primary,. secondary, oraccent materials: Primary materials. shall cover at least sixty percent (6011/o) of the facade of a building, Secondary materials may coverno more than thirty percent (30°/0) of the farrade. Accent materials may include door.and. window .frarries, lintels, cornices and other ixainor elements, and may cover no more than ten .percent (101/0) of the: fa.9ade. A) .Piinaary-inaterials may be face brick,.stone, glass, architectural Concrete or precast..concrete units (integrally colored Block or textured block), provided that. surfaces are molded; .serrated examples or .treated with a textured material in order to give the wall surface a three dimensional character. B) Secondary materialsmay be. decorative. block- .or:integrally colored stucco, fiber cement siding (integrally colored or painted) with hidden. seams. Synthetic stucco. may be used As a secondary rnaterial on upper floors Only, C) Accent materials may :be wood, metal or fiber cement when used in trim, fascia.:or soffit if appropriately integrated into the overall building design and not situated in. areas .which will be :subject to physical or environmental damage, xo tte Materta s: ob dings shall be con&tructed of.she a attuizuiri' a's`13es '' s` iron �orragated . metai,� l stic o fiberglass siding Face ma zxals wlvch rap'dl s�etenorate or become rglitiy such as galvam d' meta ,di unfinished s uetural claT. File are n t perrrii ' [1 tted c:r": i - 0.8 Colors. Cofors us far. ext orr:suxfaces shall` e haxmontous with='s rroundin development and shall visually lect the tradi i�nal concept of the wh, center. Cantrasttng cn stirs shoiyy�]-Stl 'be used to emphasize .architectural. detail. sere a dev to rnent P;aoxoposes multtpie ti dings, the plan s}xail cat y over Coloxs..and materials `across adjacent 9.10.9 Roofs. The predominantroof shape in the Neighborhood Center subz.one is flat with articulated parapets; the predominant roof shape: in the Neighborhood General subzone is. peaked. Roof shapes in the Neighborhood Mixed - Use subzone. should achieve a gradual transition between the two roof types. 9.10.10 Outdoor Storage. Thereshall be..no outdoor stbrage:of either. materials or products except through theissuance of a. conditional use permit. 9.10.11 Screening. Property boundaries abutting property that is not included within the Gateway. .District shall have significant dense vegetative -screening. 9.10.12 Signage: Signage should be integrated as an: architectural. element, withattention given to the color, scale and orientation of all proposed signs in relation to the overall design of the building. Signs shaNconform to: theregulations in Section 1.9 of. the Zoning Ordinance. Updated June. 5,1017 Gem .Lake Consolidated Laud Use ordinance - Page M SECTION 10 = OPEN SPACE/RECREATIONAL DISTRICT "OS/It" 10.1 Intent. and Purpose This zoning district is for land in the City of Gem -Lake resenved for:.1) open space or, .2) Recreational uses. There currently is no publicly held open or recreation space within the City of Gem Lake.. The only recreational facility within the. City is a private golf couxse.and it is the desire of the City to hate the golf course propertyreinaul recreational in nature. Theremay be an interest in the 'future for small neighborhood "parks" in other areas of the City. The City desires. that this golf course recreational area space use be continued in the future, Based on past zoning practices, the golf course owners wishes, and the Cities. likely inability to purchase the golf courseproperty; the golf course will.continue..as a conditional.use within residential districts. The land under the.golf course is currently zoned as beingin the "RE" zoning district. Section.10.2 Uses 10.2.1 A golf course shall be a conditional use in residential areas. of the City of Gem Lake: 10.2.2 Public parks may be provided as part of development formed by a PUD in residential areas in the City,. s for acquiring true of the :i a e[:hodt i sing Updated June 5, 20) 7 Gene Lake Consolidated Laud Use Ordinance — Page 59 SECTIONS TO 2 RES£kVED. Updated June \2017 Gent lake C ad%J TJ�e �Pag\O Section 13.1 PURPOSE 5ectio SECTION 13 - PLANNED. UNIT DEVELOPMENT 13.1-I The purposes of this section are: A) To encourage a more creative and. efficient development of lan& and its improvements through the.preservation of natural features .and amenities :than is .possible under -the more restrictive application of zoning. requirements. This section may allow modifications such as non-standard lot sues, private streets and driveways, reduced rights-ofrway and street widths; liausing types, zero lot lines and building setbacks. These.changes: shall meet the. standards and purposes. of the City of Gem Lake Comprehensive Plan wlule.preserving the. health, safety, and welfare .of the citizens of the city. S.) To allow fox. the potential mixture of uses in an integrated and well planned area,. C) To ensure concentration. of .open.space into more usable areas, and. a preservation. of the natural resources of the site. D) To facilitate the economical provision of streets and public utilities. E) To facilitate mixed use developments, and/or affordable housing,.recreational uses and institutional uses. Fj Parks and.open: space. The creation of public open space may be required by the city. Such paxk.and open space shall be consistent with the comprehensive park plan acid .ovexall trail plan.. na ixxxi ktahal PC( s 4iy be iequi required witlur 13.2.1 Spectficuses and performance. standards for each PUD. shall be delineated in a development plan. A) Each PUD shall primarily be used for the use or uses for which the site is designated in the City of Gem Lake. Comprehensive Plan. Specific uses.and performance standards. for each PUD shall be delineated in a PUD development plan. B), 'Miere the site of a proposed PUD` is designatedfor more than one land use: in the Comprehensive Plan, the city.may require that the PUD include all the land.uses so designated or suchcombination of the designated uses as the. City Council shall deem appropriate. to achieve the purposes of this .ordinance and the Comprehensive Plan. 13.2.2.A PUD is. an.:allo viable conditional use in all zoning districts in the City of Gem lake except for land zoned Open Space./Recreational (OS/WO. Section 13.3. COORDINATI0N WITH SUBDWISION:.REGULATION. 13.3.1 It is the intent of this section that subdivision review be carried out simultaneously with the;review of a planned developmentunder thus. section. 13.3.2 The plans required .under this section must be submitted in a form, Which will satisfy the requirements of the GernZake subdivision section ,of this Consolidated Land Ilse Ordinance for the:preliminary and. final plats. 13.33 Flexibility of design standards and criteria of the Gem Lake subdivision section. may be allowed .as part of a planned unit development. Updated June 5, 1017 Gem Lake:Consolidated £:and Use ❑rdfitance — Pbge.61 Section 13.4 SUBMISSION OF. MATERIAL REQUf.R D FOR APPROVAL 1314.1 The inaterials: and description of contents :required for approval of a PUD are described .in the City of Gem lake Planned Unit Development Procedure 4-17 available from City Hall. Request:a copy of this procedure with your, PUD application form, Section.13.5. ENFORCEMENT OF DEVELOPMENT SCHEDULE. 13.5.1 The construction and provisions of -all of the common open spaces and. public and recreational facilities: Much are shown on the final development plan must proceed at the same phase of the construction of dwelling units. From time to time the zoning administrator snay.reYiew all of the building permits issued for.the planned. development and examine the construction which. has taken. place..on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at: which. common.open.spaces and public:a id recreational. facilities: have.been constructed And. provided, he shall forward. this information to the .city council, which may modify or ievoke the planned unit development.permit, Section.13.6 :CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE 13:6.1 All. land shown on the: final development plan as common open space must be conveyed to homeowners association or similar organization.provided.in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be: -conveyed to dic.homeowners.:association or similar organization subject to covenants to be approved by the.City Attorney which restrict the common open space o .the uses;:s ecified on the,finaldevelvpent plan. d which rvide:od- nintn-. ance. o f 1t�:hry. space ::p assur iztew_ci ontirc�durpose. .6.2 If a liomeo�vnets association: is " it ated, the%ippliQt shall euments at tlie'time a ` �!Y the ftrzsiuia plat. of develipriient tolic..City Ry. =• 13.6.2.1:>ersi and metzil �luti repdiCe serifs - ''`s 13.6.2.3 Time at which the developer turns the association over to the homeowners. 13.6.2.4:Approxitnate monthly of yearly association fees forhomeowners. iation 13.6.2.5 Specific listing of items owned in common including such items as roads, recreation facilities, parking, cornman open space grounds, and utilities. Section 13.7 STANDARDS FOR COMMON OR. OPEN SPACE 15.7.1 No open area may lbe:approved:ascommon: open spacc.under the provisions of this article unless it:meet$ -the following standards- 13.7.1.1 The location, shape;.size, and character of the cornmomopen space must -be suitable for the planned development. 13.7.1.2 Common open space must be used for amenitycor recreational purposes: The uses .authorized for the comirion open space must -be appropriate to the scale and character of the planned .development; considering. its size; density,. expected population,: topography,and the number and type of dwellings to be provided. 13.7.1.3 .Common open space must: besuitably improved for its intended use but. common space.containing natural features worthy of. preservation may be left unimproved. The: buildings,structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized. for %the common open space. and must conserve and. enhance the amenities of the common openspace.having iegard. to its. topography and unimproved condition. Updated Junes, M7 GeniLake Consolidated -Land Ilse:Ordinal;ce—Page Q 13.7.1.4 Qudots to be dedicated for park; ponding or other purposes shall be deeded to the city before the final plat is released for recording. Section 13.8 REVIEW AND. AMENDMENT OX1 From time to time the Zoning Adiinistrator may review PUDs within the city and. may make a report to:tlie. City Council on the status of non-compliance for a particular PUD. I.f the. Zoning Administrator finds that the development has not commenced within one (1) year after the original approval of the.conditional use for .the:PUD,. the Zoning Administrator may recommend that the City Council extend the time or revoke the conditional use permit as set forth in Section 17.5 of die Consolidated and Use Ordinance, Prior to cancellation or revocation. of this permit, the City Council shall hold :a .public Bearing at which time all interested parties will. be given an opportunity to be Beard. 13:8.2 For additional phases of the PLTD; if within three (3) years the project has not progressed, the 'Zoning Administrator may recommend. that. the City Council determinewhat action will be taken with the remainder of the project. Priorto determining the outcome of the PLO, the City Council shall hold a public hearing at.wluch•tirrxe. all. interested parties will be given. an opportunity to -be heard. 13.8.3 Minor changes in the location, placement, and heights of the buildings or structures may be. authorized by the Zoning Administrator if required, by engineering or other circumstances not foreseen: at the time the final plan. was approved.. 13.8.4 :Approval. of die. Planning Commission and City Council shall be required for other changes such as % x-rang�snez�t of lots, b1Qd satxd oils ing tracts. These haxi es shall be consistent ?da: the purpose<andintent;of the .8.5 Any atr set forth in PUI7 as fofithe application far a eandi<tivnal .use permit Updated Aire S, 2617 Geer Lake Corisohdaied.Land Use Grdinaiwe -- Pqgp63. SECTION 14 GARDEN OVERLAY DISTRICT .Section 1.4.1 findings and Purpose. 14.1.1 .The City Council makes the following findings: A) The land -use plans -of the City of Gertz Lake histarically. have not assigned any land in -the -City for long-term. agricultural used as the City has developed and continues to develop as a primarily residential community. surrounded by fully developed suburban neighborhoods, The City. Council reaffirms the City's intent to encourage development of the City in accordance with its. adopted. comprehensive plans. B) At the time this Ordinance :is considered, large Iand .parcels in the .City have yet to develop .any primary use and stand vacant. Additional. large -lot property.in the City is. projected. to subdivide and develop into smaller lots over the next 10 to 34 years.. The City Council recognizes that economic conditions are not always favorable fox real estate development, and that the. costs. to carry vacant land can create pressures that promote sub- optirnal dev elopment. Permitting:small-scale agriculture as. a. primary use.. will allow owners of large undeveloped. parcels to qualify for .agricultural tax classification, and thus lower tax payments, without affecting the long- term plans for .the land. The .Council finds that. providing this reams to. temporarily ease this .pressure will. enhance the .City's ability to fully realize the goals of its comprehensive plans. C} Several cities and metropolitan areas are placing.a greater emphasis on local food production as a means .of improving.public health, Allowing -the use'of available space in the City for "community gardens" or "market gardens" to. grow -food will promote local food production and improve public health in.. Gem Lake and. the D} lls n interitt se of land; sub eet to the regulations propa-seq� "6&=unity gardening and � 3tket. gardening will be viE1,11npati 3 with all :allo ecl land u . r in t ; .City of e iri bake; and with the grrals of the City's '4.1.2 The Coutiil intends` that the WidenC]verlayrtsxrr�'1*atailableYa=o�=erlay on parcels of larin any existing honing district i a add the uses described i the dis h regulations 0 lid `=vf uses allowed upon that land. The Garden. ;Ov illa ]istrict may be apphed tp and surt]}�exim{7osed as an overt upon".ry zoning district, defined n this Zoning Ordinance, as eaistiirg or amended icy tivs. section and as.sl?ow.n .on the official Zoning.Map.. Nothing in this Section is.. intended: to affect: tlie.ability: of .landowners. tv maintain accessory uses Yhat.arc allowed without the Overlay zone upon their property, whether or not the Overlay .zone .covers thoi property. This overlay district is intended to Permit a temporary land use, and should no longer be needed on a parcelwhen it eventually develops in accordance: with the regulations of the underlying coning district. Section'14.2 Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered.as a re -zoning request in accordance with Section 17.6 of this Ordinance. I.n addition to the documents and materials generally .required fora re -zoning application, the applicant sliall.supply copies of draft leases, contracts or use. agreements to which. the groups or individuals using the gardens: will. agree prior to using the.garden space, .Such agreernents must provide the land owner or designated representative with the legal ability toevict. a tenant::and bar entry to any individual member of a group;: if the tenant or individual violates the terms of this Ordinance, the, terms of the Interim Use Permit for the property, any restrictive . term of the. Lease or agreement, or. any other applicable City Ordinance. or state law. Section 14.3 Termination. of Garden Overlay. A Garden Overlay District shall remain in .effect until one of the following occurs; 14.3..1 City approval of a zoningapplication for a use. or uses permitted in the underlying zone: (e.g.. development plan, conditional use permit; or building permit), the Garden Overlay status and any permits. granted under the terms of this Section shall expire six months from the date of approval, or 14.3.2 The Interim Use Permit for the property expires; and no application is made to renew the permit within. six monthsof the expiration;. or ' 14.3.3 The Interim 'Use permit for the property is revoked by the City Council for-iolations of this Ordinance, permit conditions, or any .other applicable law or ordinance. . Updated.hene 5, 1017 Gent Lake Consolidated Land Use Ordinance -- Page 64 Section 14A. Interim: Uses. 14.4.1 Subject to applicable Provisions of this Ordinance; the following are considered.to be Interim Uses in the Gaxden Overlay District: A) Community Gardens.. B.) .Market. Gardens. 14.4.2 Interim Use Permits. granted. under this Section expire on March.1.5th of .each. year. The. perruit maybe renewed anrivallyy,. at the discretion of the City Council. Application for and approval of an Interim Use. Permit shall follow the procedures set forth in Section 17.5 of this .Ordinance: In addition to the requirements of that Section, the. applicant shall provide a .written summary of the proposed .uses of fertilizers, pesticides and other agricultural chemicals in the maintenance of the gardens. In approving an Interim Use Permit,. the :City Council may attach such additionalconditions As 'it .deems necessary to assure compatibility with surrounding land uses.; including conditions relating to the use .of agricultural chemicals on the property. Section 14.5 Permitted Accessory, Uses. Subject to applicable.provisions of this:. Ordinance, the. following ate allowed: accessory uses to any validly issued.. Interim Use Permit in any Garden Overlay District: 14..5..1: I-3o..ophouses, coldframes and:siaiilar structures. used to extend the growing season, 5.3 Of£-.streearkinad loading Prohibited 1. No motgo ed imp4enaents or% lowingsof the plots i efwc n the lit 7(].(k:ll}'goss. veliicie �veiglit may rain barrels=d. similar s .M and 5 liver and a and maintenance of an garden,. except ay through Friday. Mot -_'Vehicles .of less ipment, supplies and product. 1.4.6.2 Animal husbandry and. aquaculture are not permitted activities within a Garden Overlay zone., 14.63 No fuel, fertilizer; pesticides: or similar chemicals shall be stored on the property. Section 14.1 General Regulations. 14.7,1 The:minihaum land -area for application of'a Garden Overlay shall be ten acres: 14.7.2 All gardening activity and All structures and equipment shall be set back at least 2a feet from the property Brie of any property. not included 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% of the total land area of the property on which the plot is located. 14.7.4'Off-street parking and.loading areas sliall.be unpaved and shall. not..exceed 151/o of the lot area covered by garden .plots and required wall, -ways. 1417.5The.pmpetty owner is responsible for the collection anddisposal. of litter onthe property. 14.7.6.. The hours of operation .for a;perznitted garden. are 1/2 hour Before sunrise until yx Dour after:sunset. 14Z7 The property owner is responsible for ensuring compliance with all other applicable laws, ordinances and regulations, including.city ordinances and watershed district rules governing wetlands.'and:stormwater control. Updated.Ane 5, 2017 Geni Lake Consolidated Land Use Ordinance — Page.65 SECTION.15 - INSTITUTIONAL OVERLAY DISTRICT Section 15.1 Purpose 1.3.1..1 The Institutional Overlay. District is 'intended to provide.a means of overlaying an. existing Zoning district located.in the City of.Gem Lake, for facilities devoted to.serving.tlie public. Tlus district is unique in that tine Iirimary objective ofuseswithin this district is for the providing of services; frequently on a non-profit:basis; rather than. for the'sale ofgoods .or services. Iris intended that all uses tvitlun 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.Zotung.Map..The Institutional Overlay District will remain in.effecta.s long as the use and. the user remains. the same. If an .overlay area is: no longer used; uses are changed or terminated,. the parcel. will.revert back to its original.underlyiing zoning class if cation. Section 15:2 Permitted Uses. Sul?ject to applicable provisions.. of this Ordinance the: following are permitted: uses in: an Institutional Ovcrlay District: 15.2.1 Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and related. social activities. 1522. Private Child Care. and Education .facilities as defined in the. definitions .section of. this Ordinance, but With activities. limited to school educational activities. exceed twelve`12} years: B) A td f al enrbll Mnt of not less *n tweat3 .- (Z }:nor more C) A rmitwenty (1 1} ` e"`fzili day""equivalent" sha`lW cah"Eted by adding VEeth ashhour of the "full -day" of scllori This total. shall not exceed one hundred fifty a full da * doed'as tell 10 total number of students present during which is: 120'students tines 10 hours. Section 15.3. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in any Institutional Ovetlay District: 15.3.1 Accessory uses, customarily incidental to the uses permitted as a Permitted Use or Conditional or Interim Use. (if a' Conditional or Interim Use is allowed). 15.12 Off:street parking and loading -areas. 15:3.3 Accessory.building as described in Appendix A.of. this Ordinance. Section 15.4 Conditional or Interim.Uses. Subject to. applicable provisions. of this Ordinance, the following are considered to be Conditional Uses in the Institutional Overlay District. 15A1 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, B) The maximum of brie (1) such dwelling shall be allowed. C) There skull. be a demonstrated and documented need for such..a facility:. Updated Trine :5, 20I7 Gem Lake Consolidated.iand Use Ordinance Page Gb 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 worksfacilities and uses provided that: A) Compatibility with the surrounding neighborhood is maintained and. required setback.and side yardsetbacks And side yard requirements •are met. Architectural standards for all buildings:: shall be consistent with those i adjacent residential property. 13) 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. E) The use is available.to the "public". C) The land area of the. property containing sucli uses.or activity.mee.ts. the nii'ninum established for the district. D) Adequate screening from neighboring uses and landscaping is provided in compliance with other sections of this .ordinance. AAA -A ?ulaliriVV owned o aulturaj. buildings, such as librar M,dty offices., audiYar ez ublic admvnispratso <n ces. and StdriC i7 `iievela meats of"eac7utli" i u ` c w 7y}. g�p.:13k oaks e'acilities and uses%pioait3eat. ' A Cori"'atibiii " • ;,. z : .•, . with the surr�uadirrg. ne orl ""d is. r zairi ed and required setbad " and side yard requirementsV_ ar ; e AllrMlitt i ti ral standat s='frfr aIIildiii s's ia11- sir- nt with thfl :, �.'.qzi. yn the adjacent residprop. B rLn. ui rrrexzs comp letel``.'screenec iii a ermanentructue with 'no outside storage. f C) Adequate .screening from neighboring' uses and landscaping is provided in .compliance with ..other sections of this ordinance. 15A.5 Day care; social services or other non.:directly related worship activities; as an.accessory rise within a religious building, provided that: A) Compatibilit}, with the surrounding neighborhood is .maintained and required setbacks and side .yard requirements are .met: Architectural standards forall buildings. shall be consistent with those in the adjacent residential property. B) Any equipment is completely screened in.a permanent. structurewith 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 cumulative total.. greater than: one -thousand (1,000 S. f.) square. feet: Section 1.5.5 Lot Area and Setback Requirements, The .fo]lawingxniniinum requirements shall lie.obsezved in an.Institutional Overlay District subject. to. additional rerluirements, exceptions.and:modifications set forth 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 means two and three quarter (2.75) acres of land, not including wetlands and land seasonally flooded on anannual basis, land containing drainage. ways or surface. water or land containing aquatic vegetation,. and land with slopes in excess oftwelve.(12%) percent.. Updated June 5, 2017 Geni. Lake Consolidated Laud Use Ordinance Page 67 15.5.2 Lot width: i1) Two hundred (200) feet of -frontage which must be located on a County or State maintained roadway. 15.5.3 Setbacks TABLE 1..5.3 FRONT YARD SIDE YARD REAR YARD 50 foot set -back: 50 foot set -back 50 foot set -back A) Set back measured from the closest of any lot.line,.xoad easement; road right-of-way or the like. 15.5.4 Accessort> Structure(s) Setbacks. TABLE 1.5.5.4 FRONT YARD SIDE YARD REARYARD 100 foot setback 50 foot set -back 50 foot set -back A).:Set-back measured from the closest of any lot line, road, road easement, road right-of-way or the like. .Section 15.6 Lot Coverage and The follorin 1n covc rage :and .1 The 2 The zninixhiaxri of not covered , bi shad be obs�rye in .the of: all buddiAWand other_/,s shall for ant roDosed use shall: shall exceed tl irty- ftv':,e {35') feet in fifteen (151/0) it:five-25°/0� percen' ;secluding green areas covered by izn - `mous surfaces. 15.6. No accessory structure shall exceed two (2) stones or twenty five (25') feet in beigl?t, whatever is lesser and. no accessory structure any part of which. is within. three -Hundred (306) feet of an "X district or a roadway bordering an "R" district shall. exceed fifteen (15) feet in ho&. Section 15.7 Landscaping Arid Screening 15,7,I As most Institutional Overlays will occur.in residential areas or closely adjacent:to Residentialareas, landscaping and screening shall be provided to isolate alllight and noise from the Institutional Overlay use from entering the adjacent. Residential areas: This landscaping and screening must be done in accordance ivith the procedures in this Ordinance. Section 15.8.. Procedures .for Requesting an Overlay 15.8.1 Application -for re -zoning foran overlay. A). An Institutional Overlay shall be considered a rezoning for a specific pastel of land; This 'overlay may occtir in any zoning district in.. the City of Gein Lake: 'The application for an Institutional Overlay . shall be made on a form provided by the City Clerk.. The fee for an Institutional. Overlay shall .be the same as the rezoning fee, defuied in the Zoning Ordinance. This applicationfor 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 repoirt.is.. provided properly identi4drig.the .parcel to be rezoned; Updaied,iune 5, 2017 Genilake Consolidated Land .Use Oidindnee:- Page 68 3) All requiren-ments: of the Plan Review described in Apperi&x A 1=.4 .of this Ordinance have ' been met. These plans must be .reviewed and approved .by the Zoning Adm nistrator, Planning Commission and City Council before any overlay shall be granted. If this is a rezoning to initially define and overlay, the rezoning activides and the Plan Review shall occur at the same time; 4) Proof .of ownerslup_or:author nation shall beprovided. The applicant. shall. supply proof of title. and the.legal description of. the.. property for wl-uch the Institutional Overlay is. requested consisting of and Abstract of the title .or registered property abstract currently certified together 'With unrecorded documents whereby the:petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owners)...of theproperty in question to .proceed with the requested Institutional Overlay. 5) A list of all :the property owners within three -hundred fifty (350) feet of the proposed site. This certified fist shall be obtained. from the County:Assessor.and supplied :to the. City Clerk. 15.8.2 .Procedures A) Pursuant to Minnesota Statues 15.99. as may from time -to -tune be amended;.. an application for an. institutional Overlay shall be .approved .or denied within' the time allowed .for by law froix. it's official and complete submission unless notice..of extension is provided by the City or a time waiver is granted by the applicant if applicable, processing of the application through required state and federal agencies may extend the review and decision making period by the additional time allowed by law unless this limitation is waived by the. applicant. Additional City, requirements areas follows: Yns'for' Tezahmg for. an O _ " l District sha e ` cling vstz toz on hex ' ll :e wi `tiieilti' ' � Iication f ;availab.le 0 'v ' able from t}x ti Clerk. Such a plicaM s shall also be p .. aaI..; tY P I b. five: 5 Ja' e.scale;, a iesQd :one. 1 {deduced. scale. copy .of detailed written and. x3a]s full eaplaiiung ..k eg processed :chang ' ;z z e7 t, or use, The request for an r ;:; bverlay<sl�all be plac�ypp�the a �e� c a of th 1 rst os Ic Planning Cozx tssiori meeting P g :nit g to of .sui fission of4--h iri p3efed pplic [ i. The request.'shall. ordys be considered y.< , )rriitted wlen'll tlae:iforxnational rgizirement� are. complied wirli: ;_ 2). Upon receipt of such application, the City shall set A.puliiic hearing following proper hearing notification as applicable. The Planning Commission shall. conduct tlie-hearing and report its findings and -recommendations to die City Council. Notice of said hearing shall consist of a legal property, description and.description of the request, and shall be. published in the official newspaper:at least ten. (10) days prior to tivs hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all. owners of land within three -hundred fifty (350') feet of the .property in question. The. City Clerk shall have the right to provide additional property owners .notification beyond the.three hundred fifty (350'.) foot distance if it is judged .that the request will have an impact upon additional properties. The records of the County Assessor .shall be deemed sufficient for determining the location and ownership of all such properties..A copy of the notice and a list. of the. property owners and. addresses to which the -notice is sent shall be attested and made a part of the records of the. proceeding: 3} Failure of a:property owner to receive such notice shall not invalidate any such proceedings: as set forth in this Ordinance provided a bona fide attempt has. been. made to. comply with the notice requirements :of this section. 4) V6ghcn reviewing the proposed institutional overlay, the: following additional factors shall. be included in the review; .a) Tlie proposed 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 in the area. c) The proposed use's conformity with .all performance.standards contained herein.. Updated ,Trine 5, 2017 Geni Lake Consolidated Lard Use Ordinance — Page 69 d) Theproposed use's .effect on. the area -in which it is proposed. e) The proposed use's impact upon property value in the area in whichit is proposed. f Traffic generation by the proposed use in relation to capabilities of streets and roads serving. the property. g} The proposed use's .impact upon existing public services and facilities including parks, schools, streets and utilities and the OtO service capacity. 5) The Planning Commission or the. Zo=' g Administrator shall Iiavethe authority to request additional information from the applicant or to retain expert testimony at the elx expense of the: applicant, said information to be declared necessary to evaluate Elie request and establish performance conditions .in. relation to all .pertinent sections of this Ordinance. Failure on the part.of the applicant to supply all necessary supportive information may be grounds for recommendation of denial of die request. G) The applicant or a representative thereof shall appear before..the Planning Commission in order to answer question concerning the proposed request. 7) The.Planning:Commission. shall recommend approval or denial of the request. 8) The City Council .shall riot act upon such an Overlay request until they have received a report'and recomnaeudation fzorn.the Planning Comrrii atom. If :liow cr the -?:lamming Copunissiori lias:not acted _ �-:� _ upon the =: �''uesf' ` ftr ` 34 d :sF �' `am the firstF ; 'ar meettn a wl ill ' _ :cfir vas t eonsid(20i the City C��ficti may prod ed t1i its consi anon and.acti non r """" dec a the e best. 1 oi'.'r`ere y n" =thy:: ort and ec'"mmerrdation of die lair "` C6mmissionQ. , flies ity .shall lace repa.2n zee'??.enclation:.on Clio. agenda then xegtilar.Czty Council Ineetitg:. Such reports '....:.. . recornmendatioii:s€aA be:enere nnto'aridnade pate the permanent written lyd of the City ,:. . 10) Upon receiving the report and recommendation of the Planning Commission; the City .Council shall havethe option to Bold another public hearing if..deemed advisable. upon receiving: such reports and. recommendations from .die Planning Commission, the Utyy Council .finds that. specific inconsistencies exist.. in :the review .process and thus. the final recommendation of .the City Council. will .differ from that of 'the. Planning. -Commission, the City Council may before .taking any final action, refer the matter back to .the Planning CoMMI'ssion for further consideration. The City council shall provide.:a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on,a.singular`reque.'st: 15.8.3 .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 effectivc until such time 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 building or structure, in the Institutional Overlay Zone,. a plan. rey7ew, in accordance with section 14.1 of tine Zoning Ordinance, shall be made. No. building permits shall be issued until this plan review is complete. 15.8.4 Denials Qpdated June 5, 2017 Geni Lake.. Consolidated Land.Use Ordinatice .7 Page 70 A) If the City Council finds that a.. proposed use .contemplated for the parcel which is .the subject of an application for rezoning. to Institutional .Overlay Classification is: likely to have a material adverse effect on the public -health, safety of general welfare after considering possible adverse effects. which may include, but not be limited to,. those delineated in .Section 15.8.2.A.4 (a-g) "'.'._' P) ;' 7 above; then such application shall be denied. 15.8.5. Recording: of actions taken A) If a. request for an Institutional Overlay receives approval by the City Council, the applicant..shall. record such with the County Recorder within thirty (30) days of the approval. date. The applicant, immediately upon recording such or as. soon as is reasonably possible;furnish. the City proof of recording, no. building permits for the property in question will be granted. until such proof .of recording.is famished to the. -City. 15.8.6 Actions if the Overlay is denied A) ` henever anapplication for an overlay district.has been considered and denied by the City Council, a similar :application and proposal.. -for an overlay affecting the same property shall: not be .considered again by the Planning Commission or the City Council for at least one (1) year from the date of its denial except as follows: 1) Applications for an overlay are withdrawn prior to the City Council taking actionon the inatter. 2) If the City Council determines by a vote .of not less.than four -fifths (4 of 5 votes) majority that the circumstances surrounding a previous application. have changed.significantly. A) An Imot.,.tutio , a�vera sh 'xeinain ine ct uxi pne. of t}ie�<ftillowin occurs: 1 Unlc stlie C :Couiicti`'``eeificall a m es;;a event time den action is officially takE the rezoning .for �n Ins.titutio-0l;. Qverla ': s fall came mull and' yozd: twelve (12) months. a pp ova unles the ro er owner 9 r t applicant has s ibstar a7f started construction: 'r alteration, d fsrCtie, additir hisap equesoi .:r the right to submit an application.far tune extension in accordance with this :section. 2) If any one of the following occur the. overlay shall. expire: the request the date of iy building, t shall have a) The :use of the property is changed to not be in accordancewith the uses outlined in this section of this Ordinance, b) The organization to which the permit for.and Overlay 1)istrict has been given is not longer the occupant of the Building or facilities on the:. site.: No leases: or subletting of the .building; or facilities operating an an Institutional.Overlay shall be permitted. 3) If an Institutional Overlay is allowed to expire.or is revoked for cause, the parcel of property shall revert back to the underlying zoning of the parcel. Updated June 5, 2017 Gen; Lake Cosisolidated .Lai:d.Use Ordinance — Page.71 SECTION IG - GENERAL PROVISIONS Section 16.1.Application of tl-is: Ordinance. 16.1..1 In their interpretation and application, the provisions of this: Ordinance shall be field to be the. t 1inimurn requirements. for the promotion of the public health, :safety, moralsand welfare.. 16.1:.2 Where the conditions .imposed by any provision..of this Ordinance are either more restrictive or less restrictive than comparable conditions unposed by :any other law, ordinance, statute; resolution, or. regulation of any kind, the regulations.: which axe: more restrictive; orwhich impose. higher standards or requirements shall prevail, 16.1.3 Except as in this Ordinance specifically provided, no structure shall beerected, converted, enlarged, reconstructed or altered, and no structure -or land shall be used, for any purpose; nor in any manner wliich.is. not conformity with this Ordinance: 16.1.4 When land is proposed to be annexed to .the.. City of Gem Lake the Planning Commission shall bold a public hearing upon thepermanent zoning of said land. The results of the hearing; along with.a recommendation, shall be presented to the City Council. In the event: of annexation proceedings becoming final. before the permanent zoning is determined; .the annexed area shall be placed in the "PE" .District. and such classification shall be considered as an. interim step pending`pennanent classification. 16;1.5 Real Property Development. making application for development of real property in the City of..Gem Lake, the developer shall submit twelve (12) sets of all plans., variance requirements, andpermit. requirements in forms acceptable tn;:the Bppigg Administrator or City pfficials includin{T ur:,:�ot limited .to � the follow�ii -:4 _ -,A A�A9"'� %Plan' r, ' r5C. - { g:% w +; B Gra & N:, aT i�l -;r31 aaz:r 5g- .F. C A Laudsca p d ..l`a n and =T'ree Pres ` tton Plan• E) A. Sediment and Erosion Control.Plan; and F) A.Storm Water Management Plan; and G) A Description of the Project; and 11).A Description of Future Expansion. Plans; and 1) All Variances, Conditional and Interim Use Permits, and "Zoning Amendments required; and J) .All other such plans or information as may be required for specific zoning districts. I6.1.6 Development Review Considerations. When making. recommendations and decisions considering land. use, variance applications, or rezoning applications; die: Planning Corzirziission and City Council shall review and theasure the impact. 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 C) The impact .of.the use on traffic generation D) The impact of the use on public safety., health and welfare; and. Updated June 5, 2917 Gen) Lake. Consolidated Land Use. Urdnaatice - Page 72 E) The impact of the use. on,the economy Section 16.2. Severability It is: hereby declared.to. be the intention.of the Mayot and City. Council that the several provisions of this Ordnance are severable. if any court of competent jurisdiction shall :adjudge any provision of this Ordinance or application thereof to beinvalid, such judgment .shall not affect any other pr6�7sion of this Ordinance not specifically included in. said judgment. Section.16.3 Non -Conforming Uses and Structures 16.3.1 Any structure. or use lawfully existing upon the effecti�,e date of this Ordinance may be continued at the size and in a manner of operation existing upon such date. exceptas hereinafter specified.. 16.3.2 Nothing -in this. Ordinance shall prevent the placing of.a structurcin. safe condition when said structureis :declared unsafe by the City. .163.3 Wien any lawful non -conforming use of any structure or land. in -any district has been changed to a confirming use it shall not thereafter be changed to any nonrconforming use. 16.3.4 Whenever a lawful non -conforming building. or structure shah have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be. reconstructed and used as, before if it be reconstructed within. twelve (12) months after.. such calamity; unless the damage to the, building or structure is. fifty percent (50"/c,) :or more of its. fair market value, in which case the reconstruction shall: be for a use in accordance 'With . the provisions of this Ordinance. law f :;n9g,-, irifvru�u g use of a buildi ��[¢jj�, ..l :. use osi3id�li'u�l`' �.�� �t .itrue ture or.lah 3.6 Normal f kihtenance of a buildin " other .7Ala use. inaChanged only to a structure orjaudis,discontinued<fnr: be in con zty tvltli=7rovlslois intainingrelated to a lawful non-( ental alterfpCvziGEas%rho :not exten 1T�r µay ....... ,.... IA� the a ise or. more restricted cla 16.3.8 Alterations'may be made to. a structure or building contaii nglawful non-coaforming.sesi will improve the livability thereof, provided they will not -increase the number of dwelling udifs:. 16.3.9 Uses Not Provided for Within Zoning Districts per o&ef-,six. (6) tlii"C7ridinance. informing use. is ar.intensify the .A y` fication. units when they A) Whenever, ,in any Zoning District, a use is neither specifically.allowed:nor denied, the use shallbe considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own initiative, or upon request -of the.property owner, conduct.a study to determine if 1) The use can be..deemed :consistent with the. Comprehensive Municipal Plain; 2) The use is acceptable to and will riot adversely affect adjacent property owners; 3) The use. is in the -public. 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. unposed. Upon completion and consideration of the study,. the City Council. or Planning Commission or.the .real property owner may initiate a request for an amendrnent to the Zoning .Ordinance to. provide for the particular use under consideration in accordance with the definitions. and provisions contained in this Ordinance.. Section.16.4 Lot Provisions Updated June 5, 2017 Gem Lake C`Otsohdated Land Use.Ordinance-- Page 73 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 snaps covering the area: shall not be included in any: area. calculations required.by this Ordinance. 16.4.21a all residential districts, clot must include contiguous buildable area as :shown in tables located elsewhere within the ordinance unless the lot is part of a'cluster or planned unit development that: has been reviewed and -recommended for approval by the Plani-iing.Cornmiission and approved by the City Council. Section 16.5.Accessory Buildings 16:5.1 No accessory .building or structureshall be constructed on any lotpriorto the d.me of construction of the principal building to which it is accessory, 1.6.5.2 No accessory building shall exceed. the height of the principal building. However, in no case, shall. such accessory building: exceed twenty-five (25� feet in height, 16.5.3 An accessory -building shall be considered to be an integral part of the principal building unless it is six (6) feet or more from the: principal building. 16.5.4 No detached accessory building shall.be less than sixty. (60` feet from the publicright of -way except on a corner lot, unless it conforms to the side yard. requirements of the principal building. Those accesson .buildings located sixty (60) feet or more behind the right-of-way line shall.have aside yard of two (2) feet or more and a rear yard of'three (3) feet or .more. tby Cor o at or<hfi�terim Luse Required b. - .Y 6.1. No. yard o'vother ":pen space s; s than the mum egiiired by tk Yuin3m 'd'iunot be?u-qa shall hallowed to if. the s to :make suc other opensl size, space than 16.6.2 No required yard.or other open space allocated to a. building or dwelling group shall be used to satisfy minitnum Iot area requirements for any other buildings. 16.6.3 The fallowing shall be considered as permitted encroaclunents on set. -back and. height requirements: A) In any yards: posts, off-street open:.parking spaces, open terraces, awnings, open canopies, steps,.chi=eys, and flag poles. B) In frontyards., service stations pump islands and fences.. Fences must heat least eighty (800/6 percent open. C) In side and rear yards: fences or walls six .(0) feet in height.orles.s. However, in a corner lot no.obstruction higher than.. three (3). feetabove curb level.shall:be located within. twenty (20' feet of the lot corner formed by any two streets, or within fifteen (15.) feet of any street Tight -of -Way. See Residential Zoning Districts for additiorial:regulations for. fences. I]) In. rear yards, recreationat and laundry drying equipment; open arbors. and trellises, balconies; breezeways, parches; detached outdoor -living rooms, barbecue facilitiesand portable seasonal living structures. 1 } Height limitations shall not apply to barns, silos, and other structures on farms; to church spires, belfries, cupolas and domes; monuments, chimneys and smokestacks; flag poles; public utility facilities; Accessory and Secondary Use antennas and parapet galls extending not: more than four (4) feet above the limiting height of . the building. Updrated.Jwie 5, 2017 Gem Lake Conwhdated Land Use nrdhiarree —:Page 74 Section 16.7 Traffic Visibility 16.7.1 No fences,,structures or. planting exceeding thirty. (W) inches in height above the center line..grade of the street shall be permitted within the required front yard set -back ona corner lot. Section 16.8 Fmning.Opeirations 1.6.8.1 All farms in existence upon the effective date of this Ordinance and all farms. which: are:brought.into thc.. ity by annexation `shall be a permitted use. where the operator .can conduct a farming. operation. However, all regulations: contained. herein and other City Ordinances as in:.effect shall apply to all changes of the fanning operation which will cause all or part of the. area to become more intensively used or:more urban.in.character. See:Resideniial Zoniug:Districts for additional regulations of agxicultuxal buildings. Section 16.9 Essential Services 16.9.1 Essential services shall be permitted as authorised and regulated by state law and ordinances of the City of Gem Lake. Section:16.1.0 (Deleted) Section 16.11 (Deleted). Section. 16.12 Relocation of Dwelling Units the _hlings form Pcation of di zoning dista ditions as. la sliall be Bali'" - 'of l 'Ci of .G.etxi ` ,,- maintain as3 ` ritit r lii st s`' iriil hi"'73``st nd `' : ' cy ty.,,,'. arch ❑ esidential residential areas from de-'':terl`s, effects tliraugh .insuring that both nw and. relocated )th within th'Ci of:G.e- ak `". 'd from ou#: de shall meets .ecificd..xe`"' ' ements. Such ted-. a e viust confoxrli to allx ations o t� e�:�il" "Code and shall fie ermitted in ecessa S °V ecifxtatian''as tadl[awt.; "" 1 p s ze'g5setbacles -hype o use, lieight.xegulatzs 6s. and all other IS Ordinace:are rations. shall`SeNclutre ,Conditional t]seP,erFru ftorrm the City Councilwhie the following and..provisions shall be met: A) Application. shall be made .on forms prbvided by the City Clerk. B) A feeforthe Relocation: of.Dwelling.Units shall be required in an amount established by resolution of the City Council at its first meeting in January of each year. Further, the City.may impose additional.fees. including, but not.limited to, engineering costs, attorney's fees, expert opinions and publishing costs paymient.of which may also:be required of the.applicant.as part of the process. The building.movex shall meet all requirements for licensing and msuxance as required by Minnesota Statues 221.81 and as froin time to dine amaided. C) The application. shall be referred to the City Council, who sliall set a time and place for a public hearing giving at least. ten (10) days' public notice of such. hearing. D) x'1t least ten (10) days before such hearing, the Council slxall.rxmil a notice of said hearing to p.topexty owners within three -hundred fifty (350D feet of the .relocation premises. failure of the Council to mail the notice; or failure of the title. Bolder to receive the notice shall not invalidate the proceedings.. E) The Planning CoMI fission shall snake a report to the. City Council. on die matter before .or at the public hearing. F) The City Council shall make a finding and declare whether or not the structure to be moved is architecturally compatible.. Section 16.13 Fences Updated June 5 .2017 Gent Lake`.C..wrsohdated La?ad Use Ordinance - Page. 7.5. 16.13.1 General Provisions A) Nofences shall -be placed on or extend into a public or private right -of wav or utility easement B) The side of .the: fence considered the. "face' (i.e. the side having no: structural supports) shall face abutting property or the public or private right=of.-uray. C) Both sides of the fence shall be maintained in. a.condition of reasonable repair and -appearance by it's owner and shallnot be allowed to become or remain in a condition of disrepair or danger or constitute .a nuisance, public or private. D) No physical damage ofany 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 cannot be readily identified, a. certificate of survey and setting of corner property stakes is necessary before fence construction starts. F) All man-made fences shall consist of materials comparable in..grade and. quality to the following: decorative masonry,. wrought ..iron orwood, provided. the surfaces are Finished for exterioruse, or wood of proven durability such as cedar or redwood is used. G) Chain link fences shall only be used for dog confinement areas (six (6'0"} foot maximum hciglit}, around swimming. pools or spas four (0.") foot.maximurn height} or for tennis courts (twelve: (T2'Q"} f6ot. maximum height) in rear al d::side. •yardS;;anl ,. Chain .link.fen s5�pluch necd.additional h ht rn f rnpthex uses?nrr . cement Y,. .�:�.., _:.!':> ..1�- Val v- 's`lal�re wire a G[xdtttoniai�5`e"��7:t-�'tmit, ens:22 Ste:":=��': C.'. H) Fen " u ' � fox the. prvt-cdbn of ga# ins; crops and shri s from. deez : astd. other cllife. which are setback '''� i ;•:_: ��..,:. < :». s�i jai tveive. (�5.0) eel from art ra atie;at least ki 80° n ; ercent open ::. I' PAY , .x.r, tY (, p P and'no ater than sLx 'O feet in het t aracl . e ted to rafted areas re uirin rotection, shall be �,... Otis=recomm&nded that all fences: be:s eened with trees qi shy ills :to buffer views, neighb§`r rigproperty or public right-of-way, or jo .generally ensure aesthetic quality and compatibility witli..the naturalcharacter of the community. 16.112. Specific Fence Standards. Fences may be allowed in the -City of Gem. Lake subject to the following standards: A) Split rail,. fences .not exceeding forty-eight (48'� inches in height are permitted anywhere within the property lines of a lot located within the City. Location of the fence in relation to the property line as described in 16.111 E) must -be followed. B) Except as may be provided herein, fences up to sit: (G'Q") feet in height and no more than eighty (800) percent solid matter shallbepermitted along the boundaries: of theside and rear. yard of a lot on a permanent .basis.. Location. -of the fence in relation to. the property .line as described in IG.:13.1..E} crust be followed. C) Fences not exceeding six. (6`0") feet in. height, in. areas other than for residential areas of the City,. may be pernaitted'in:front of:the.front building lines as established. by: the primary structure on. the lot, where regtaired for. screening of adjacent property. D) Qn..corner lots,. no fence greater .than'thirty (30") inches.high shall be located in the sight visibility triangle ..on the corner of the lot defined. as within twenty (20'0") feet of the lot corner formed by any two streets or within .fifteen (.150") feet of any strect. right -of: way. E) All swimndrig.pools must be completely enclosed with a safety Fence at least four (4'0") feet in height which shah completely enclose the .pool. Tlus fence shall be as. described in Section 16.14,31 A temporary fence. as described in 16.14:3. C) shall be installed. and shall. be in-place.:before the pool is filled. Updated June 5, 2017 Geyn Lake. Consolidated Land Use Ordinance -- Page 76 1) All:outdoor spas shall have either a .fence or a latchable cover, as described .in. .16:.14:3.D) G) Freestanding stone, brick, stucco; concrete, woodfor other walls, not requited as retaining structures, ate considered fences under this sectionof this Ordinance. 1-1) There are no height restrictions on natural hedgesor plantings .utilised.. as .fences in any residential zoning district except no. plantings greater than thirty (30") inclies high shall be. located in the:sight visibility triangle on thecorner of the lot defined as within twenty (WO") feet. of the lot corner formed by any two streets or within Fifteen (15V) feet of any street right-of-way. T} Temporary snow fences can he erected for temporary site protection or for diverting snow. Snow fences shall not be used as permanent fencing. Snow fences shall not be located in the sight visibility triangle on the corner of .the lot defined as urid-lin twenty (20'0") feet of the lot corner formed by any two .streets or within fifteen (150") feet of any street.right-o£ way. 16.1.3.3 Feuce standards allowed by Conditional Use Permits. The;followiilg fences may be approved by Conditional Use Permit only, in accordance -with thestandards as set forth by the City Council: A) Fences alloxved.by Conditional Use. Permit. are as. follows:. 1) All chain link fences With a Height greater than described in. Section 16.13.1.G). _curity fences; which or vrinciEpal u"C ine. i .f ind itv .gate at amoint�wht=2ccess is crops, and shrubs ufili ed: for the must be marked .witll1[aution. signs on Itis. the intent of this section to allow the continuation of'such non -conforming. fences .as inay already exist until they are discontinued as .provided herein.. However, .it is not the intent of this Section to encourage the survival of non- conforming fences and such fences. are declared to be incotmpatible:witli..permitted conforming:fences and such fences are declared `to be incompatible:with permitted. fences within the City..Such fences shall. be regulated by the following provisions: A) An existing fence not permitted by this Ordinance, except when requited to do so bylaw or ordinance; shall not.bc enlarged, extended, reconstructed or.structurally altered unless.suchTenceis changed to one.perrrritted: Maintenance of .a. non -conforming fence vuill be allowed, however, when this includes necessary repairs and incidental alterations.which do. not expand or intensify the non -conforming use, Section .16.14 Outdoor Swimming Pools and Spas 16.14.1 .Private swi ninirig .pools shall be constructed so as to avoid hazard or damage to the occupant of the subject property or the occupants of adjacent property and shall conform as follows: A) Permit required - .No outdoor'sxvimming :pool shall be constructed or established :and no such pool construction shall..be.commenced in the City of Gem ]-rake without:first.obtaining.buildirig and plumbMg and, as.necessary mechanical permits approved by the City Building Official. B) Applications - Applications fora swimming pool related permits may be secured from and, shall be submitted to the City.Clerk along.urith a. feedetermined by the fee schedule for construction permits in effect at the.time of application and based upon .the estiniatedvalue of the construction. Applications for sWIrru =gpoolpermits shall include, without limitation the following information: Updated.hine 3, 2017 Gem Lake Conso dated.,Lasid Use Ordinance. --Page 77 1) Complete plans and specifications fox the construction of the pool. 2) A site plan showing the location of:all structures on the lot including the house, garage, fences; trees, overhead -or underground Nvirutg, utility easements, sewage systems and other significant improvements or natural features; 3) The proposed locations of pumps; filters,. electrical. power source (if >applicable), flushing 'and drainage outlets and other operational features;. a). A 'plan showing where: pool water will be discharged and. the path. such. discharged water will. follow. In. no case shall any. water discharged from a swimming pool or spa be allowed. to flow directly into any lakes, ponds or wetlands. 4) Location and specifications: of protective fencing. 16.14.2 Construction setback requirements for pools. Private outdoor. swiniciiing pools shall be Constructed as to avoid .hazard or damage to the occupants of the subject property or the occupants of adjacent. property and shall meet the following minim. requirements; A) Underground or overhead utilities shall be located in conformance with the National Electric Code; B} No: pool shall be located within any private casement; public orprivate utility easemcnt,:ingress .or .egress easement, drainage,way; marsh-, br:other.location-in_-Avhich it Will .x resewaathreat to the�naturahcnvlxonirient; .Yr� Vyi �=r C In ` n `f r - as zo o usedYfor'sir " `'famih resit'"" '' se } � „en �I.tpurpo. s, pools are prohibited in the'friiiVyard and shall not be 1`t sated _tF in thirty (3D 0}� {feet of a A liri""' uii ten (1.O.d .} feet of any prir@pal structure or access❑ `l uil s ease ccessory huildiri :without Ecast footin'`r �ti ine'� am al equiptnerit sltall be located closer than'thin : 3(];D'='fie"""- n lot lin = n :- D Na", onion Di' 5LvtmmirI ool o la urtenanCCB 'ezeto.5 ' ' be located ` '� }. _ „p. 3 gV. �:.:,gp.. "` kiall ❑eat less than. ten 10..0 .) feet to any rirjori of a' Be age:disposal.line airse.:;ae treatment sys.'eari,. nod shall any water suppl lirzfpr'a s pool -be less than. fifteen(15'0" feet from: any portion off the: sewage treatment. system. 16114.3 Safety Fence Required. A safety fence of at least four (4'.0") feet in height shall completely enclose the outdoor. pool: All openings or points of entry into the pool area shall be equipped 'with self -closing and self latching gates or doors. All gates and doors shall have a latch which is no less than four (4b") feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground -level shall not exceed three (3").inches.. A) Safety fences shall be constructed: of materials with minimum spaces. between .the materials and shall lie constructed so as to inhibit the climbing thereof by any person, If a. safety fenceis located within an area subject to.. and covered by a.homeowners association, and if such homeowners .association.has an architectural review committee, then the architectural review committee. shall approve the location and style of the fence. B) Above ground pools of four (4') feet or more in wall height sh ali be :exempt from complete: closure by a type of fence resistant .to being climbed., however_ above ground pools: shall be equipped'. with a fence and gate system at all point of entry -to the pool. Said fence and: gate System shall effectively control access to the pool and shall be constructed pursuant to the specifications herein contain forunderground 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 shallowest portion of any swimming pool newly constructed or being constructed until such. time as the Building DfficiaLautborizes the filling of such pool with watenSuch'. authorization. shall be withheld until, as a mitvinum, the pern-duee has caused such pool to be. completely enclosed by a swimming pool construction fence. Said constructionfence shall: Updated June 5,. 2017 Gem Lake Consolidated Land Use ordinance -• Page 78. 1). Be of.snow fence like of: similar design and be securely anchored in place. 2] Be constructed with its base flush to the ground. 3.] Be at least four (4 ') feet in height and have supportive posts placed.rio more than eight (VO.") feet apart. 4) Remain in place until a. permanent fence completely enclosing the swunming pool is installed. D) All outdoor Spas shall either have a fence as described in this section for outdoor swimming pools or a latch -able Dover. Tlrecover should be constructed of a material impenetrable by toddlers and subject to inspection by the City building Official. 16.14.4 Miscellaneous requirements A) .All hack -flushing water or pooh drainage.water shall be directed to be .on the property of the owner or .on approved drainage ways. Drainage onto public or private streets or other public -or private drainage -ways shall. require a permit from.the. City Building Official. B) Any outdoor lighting of the pool shall.not be permitted to spill or slune upon adjacent.properties. C) Allelectrical installations shall comply with. the State Electrical Code.. iazar"x,inconv�ri enr-61v adjacent qr nearby shall.b s::t €:. �Ytakei�,;q�st�el�piling o�cavarn#`znatexials to avoid&sion,'dust or. 3] All ai ess for construcfnn: se over the one? land:axd due.care. shall be taker avoid damage to streets andadjacent private or public property:. 16.14.5 Nuisance. The conduct of persons and the operation of pools shall be the responsibility: of the owner and.any :tenants thereof and. such conduct of.pexsons ,and operation of the pool.shali.be done. in a manner so as to .avoid any nuisance or breach of the. peace, and it shall be unlawful to allow loud noises to go beyond :the boundaries of the property upon -whirl the pool is located to adjacent property, Section 16.15 Land Reclamation 16.15.1 Under this Ordinance, Land Reclamation shall be defined as the reclaiming of land by depositing of material so as to elevate the grade. In all Zoning districts, Land.Reclamation.shall be permitted only upon issuance of a Special Use permit. Any lot or parcel upon which anaggregate amount of four hundred (400) cubic yards or more .of fill is to .be deposited. shall bedefined as Land Reclamation. The request for a Land Reclamation permit shall contain at least the following - A) Completed Special Use Permit form and necessary. fees B) Survey of the site where band Reclamation is to.: occur showing land contours before. and after .Land Reclamation. Thus. survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent parcels of land. C] A sketch showing current hater drainage frotn/to the site and any modifications of such drainage after Land Reclamation is complete. Updated Tune 5, 201:7 Gem. Lake Consolidated Land Use Ordinance:- Page 79 D} A description or -sketch shoving diesoil. erosion control.measures to be used during thus Land Recla.rnation activity. E) Description of the amount, origin and types of materials to .be placed on the land as. part of .this Land Reclamation. f� A sketch and%or description of the final cover material to be, placed on the fill deposited by this Land. Reclamation, The City Council may regture a monetary deposit be placed ,yith.the City to insure that the final grading and landscaping be:completed per the supplied sketches and description. G) Statement of when this Land Reclamation is.to:occur including the hours of the day and :days of the week. of such planned. actinties. T1ne..City might further limit these.hours and days of operation. 141) A aroute map showing the route for the trucks moving to and from the site. Copies of any: -special permits needed from the county or state 4i liway depai:-tments. should be attached. 16.15.2 Each Land Reclamation Special Lase pertrut shall be valid for: a maximum of one year or as described in the Special Use per tissued by the .City.. Section 16.16 cNEning 0.1611 Undex this ordinance, :mining shall be defined as the extraction. andincidental. processing of sand,. gravel, or other rnaterials.1r.orn the .land in the. aggregate: _amount of .four hundred (40.0) cubic yards or more of removal thereof fre;n4'a7sl a site. In all Bonin •ilistrits ;the conduct of Land MininLr shall the;;. erzitted;anl U vn..issuavofa a ecial re uejj- i ffi&fn Vintn a=•• least tncl�d�;..fle b rfwiri" Y3 "" A) Completed Sher ial Use PerTffi orm and B) Surv-Woo the rife°w iece=l `and Mining survey l 11 be. large. enpugh.it =.scale to: all current wafcsaivage frorin/to the ts. )"urs before.and after fhe!Mining. This the immediate adjacentsparcels of lan& modifications :of such dxWrage after Land. D.} A description or sketch showing the soil erosion control measures to be used during this Land Mining activity- . E) it sketch and/or description of the.. final .cover material to be placed on the land exposed by this .Land Mining, The City Council may require a monetary deposit with the City to insure..that the final grading and landscaping be completed per the supplied.sketches and.description.. F) Statement of when.these Land Mining activities are to occur includin the hours of the day and days of the week .of such planned activities. The City inight.futther limit these hours and days of operation. G} xl route map showing the ratite for bucks moving to and Ervin the site: Copies of any special pexxiuts needed from the county or state.lughway departments should be attached,. 16.16.2 Each; Land Mining Special Use: permit shall be. valid for a maximum of one year or as described is the Special Use permit issued by the. City. Updated June $, 2017 Genz Lake Consolidated Laird Use Ordinance --- Page 80 SECTION 17 - ADMINISTRATION .AND . ENFORCEMENT Section 17.1. Enforcing Officer 17.1.1 The Mayon 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 alterations which will affect the outside dimensions of a structureshall. be accompanied by Circe (3) copies of .a. site plan to scale showing the actual dimensions of the lot, lots or parcel.to bebuilt upon, the dimensions of the ground plan.and the extensionsbeyond.the outside wail 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 maybe necessary to -provide for the enforcement of these regulations. One copy of the site plan is to be.approved and is to be made available, on the site.. Section 17.3 Duties of the Zoning Administrator 17.3.1 The Zoning Administrator :shall enforce .this. Ordinance and in addition. thereto and in .furtherance. of said authority lie shall: A Conduct ins edtivzzs;.of liuiidin §and use of 1 udrto deter mine ,crnn liariewith:;theterrus .v Oz ante; .: .�...,.,.: B} Mtain peaanent and etiea�t records i?f tus Or dinanceincluding: but not iiix�it to; all. maps, .; :, F;.;:, ; z.: amendrtients, arld eondidonal anii Ynterim. us s varia�i�ces, appeals;,grid applications, thereto; v .r Y0, C} Receive; rile "n[f i'[rwai`ai'a Iicatiat�`oio `ariaendmertts variances, conditional zs�ntexim uses or ,::.:; FP::: -- othex.n"rs t �e Plannin' Coininissio "a i C `'`'Co"`'= w g; s. ty - r :z 3. i stitute in ti e lame. of the �".aff:�em Lake any- a ry riate actions or roceedin a au '~t a violator as provided by lave E) Approve all building permits; submitted by the Building Inspector, after determining that the permit is. in compliance with:this. Ordinance. This approval must be made before the:perrnit.is issued. F Act as Chairman of the Gem Lake.Plan.Review. Comrziission. 1.7.3.2. The.. City Council may, on prior xecoinrnendation: of the Zoning Adrrinistratns, empower the Ramsey County Sheriff:in specific. instances to perforxn.any of the acts wl-iich the Zoning. Adiministrato�r is directed or authorized to perform by this Section: Section 17.4 Variances 17.41 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 finis Zoning Ordinance and.impose conditions and safeguards in the Variances: so granted -These Variances shall be considered in cases where by reason of naxrowness,.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 eaist,.the: strict application .of the terms of the Zoning.. Ordinance would result.in practical. difficulties upon the owner of .such lot in complying with. the regulations of the zoning .district. in which said lot is located. "Practical difficulties;." as used in connection :with the. grant of a variance, means, that the property: owner proposes to use the property in a reasonable manner not pernvtted by the zoning ordinance; the plight of the landowner is due to. circumstances .unique to the property not created by the landowner; and .the variance,.if granted, will not alter the essential character of the locality. Economic considerations alone do.not.constitute practical difficulties. Practical .di. ficultiesinclude, but.are. not Updated -June 5, 2017 Gena Lake. Consolidated Land Use Ordinance • Page 81 limited: to, inadequate access to direct::sunlight for solar energy systems, A variance may not be granted to :allow any use that is .not allowed in the zoning district in which the property.is located. F 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 Permits, or Subdivision, all related applications shall be submitted simultaneously with. the Variance application so as to represent the full intent of the applicant. The applications) shall be accompanied by -a fee payable to the City.ill an. aggregate amount as established in the City's fee schedule. The Application(s) shall state hill all facts relied upon by the applicant and shall.be. supplezmented.by such maps,:plans,.or additional data for consideration of the:Variance.as:irequired and communicated by.the.Zoning Administrator. A) An application will. be considered.. complete .on: the date the: application.(s), .fee(s), and. all supplemental materials requested have been received by the Zoning Administrator.. As required by law, die City shall act on the. application within the period prescribed unless said required period is extended. or i�aiv ed: 13) When reviewing variance applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1) Adjacent Uses; and 2) Air and Water Quality;: and 3) Traffic Generations; and The matter along with.:all related information'shall be referred to the Planning Commission which .shall review the apph cations) and Bear the applicant or representative thereof at it's first regular meeting following receipt of complete applicativn(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority: to request additional information from the applicant concerning the Variance or to retain expert testimony with .the consent and at the: expense. of :the applicant concerning the application. 17.4.4 Public Hearing. In consideration of the. applic..ation(s),:a.publichea ingshall be before the Planning Commissionor the City Council to receive public comment on the matter. Notice of the public Bearing 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- die date, time, .place anda summary of the application. 17.4.5 Referral to City Council. The Planning Commission shall make written findings of fact and recommendation to the City Council which shall include such actions or conditions telatiug to the.request.as may be deetmed.necessary to carry out the intent and purpose of this Ordinance and the. Comprehensive. Plan. 17.4.6 Action by .City .Council: Upon receipt of the written recommendationof the Planning Commission. and public. comment, the matter shall be placed on the agenda for a.regular meeting of.the:City Council, the date:of such meeting.to be..not more than the number of days allowed by law after the date of receipt of a cornpleted.application unless such date is extended..or waived. If no recommendation is transmitted to the City Council by the Planning. Commission within Hurry (30) days of -its receipt, the City Council may take action without further communication from the Planning Comrriission. 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 Vpdated .Tune 5,. 2017 Gem Lake Consolidated Land Use Ordinance -- Page 82 application. The Council .may impose conditions .on the .grant of a. variance; provided that any condition imposed is directlyrelated to a likely impact: of the variance, and in rough proportionality to the. scope of said impact. Approvals shaltrequire a:majority vote of the City Council. 17-A-7 Issuance of Variance. Following a decision by the City Council to approve or deny the: application, the Zoning Administrator.shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon: deposit. for delivery with the US snail. 17.4.8 Lapse of Variance. Any Variance issued shall lapse if.not acted. upon within.one (1) year of the date of issuance: Section 1.7.5. Conditional and Interim Use Permits 17.5.1 Purpose and Intent. The City Council may, .by resolution; grant Conditional or. Interim. Use Permits: for the uses and purposes described elsewhere in. this Ordinance as Conditional or Tnterim Uses and may, in the.granting of such Conditional or. Interim Use Perrnits, impose conditionsand safeguards which promote the guidelines set forthin the Comprehensive Municipal Plan -and which are in harmony with the general.putpose and intent of this Qrdinance: 17.5.2 Application. An application fora Conditional.or:Interim Use permit shall be made. on a form provided by`the.City. Ifthe Conditional or Interim Use Pcrmit:is to be. considered in association: with any :other. building permits; itariarices, or subdivision, all related applications shall be. submitted simultaneously with the Conditional or Interim Use Permit application -so as to resent= e.full intent v xtlae a liana The a lication s, shall be accv .ani'ted a fee a able,, th zCi in an 90t_fDo°'atiir�raut as esta l]sIiea'i i `tlie`Ct : s fee schedule;; e a licatiari s `'sf 3i-`si 6 'fi V all'`fa'ctis`>=iliea n'I the a' licant : and�'W `atl. be sM'`"lernen ted b ° ueh ma s s ' "` additionale: to for consideration of the application as by' p;p ! i b the Zo 2;r*. �:,g required and co ureic „. y ;xg;'ldministator. rlia:aplicador}all lie considered complein.the date the lication s f� s an. ,:€ °n r-K... Y.z,, r. a�tt (l 1} .s jei envil, rxraYerials��etluested; � ave bees Vie.: ed� tie Zonin dtntriistratox. As % "ch licadonV tivn;theY a 7od. res ided un€�ss said required '` `acl is eatendecl egnired by law, ` "'e'Cityali act an." PP P . q, yz . 5 en reviewin' Conditional and Interhii Us,. Permit a licaltons e�:ce t those for residential building ~ height; impact on the following criteria shall be reviewed. and. measured by the Planning Con='ssion..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 G) Economic Impact on..the.Entire.Area; and 7) .Consistency with the Comprehensive Municipal Plan; and 98) Anticipated Duration of the Conditional or Interim Use. B) Residential Building Heights. Wien reviewing Conditional Use Permit applications which deal exclusively with residential building heights, the matter shall be forwardedto the .Gem Lake Plan Review Corrrrnission who shall; in a timely manner; review A.- such applications. in accordance with.criteda.established and, from timeto. time, modified, by the Plan Review Commission. Upon.eornpletion.of the review,the Plan. Review Commission shallforward the application along with its written recommendation to the City Council for consideration and. approvat or denial at its next regular Updated.J:rxe 5,.2017 Gehl Lake Consolidated Ladd Use Ordin.ince'--Page 83 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. Counicil.s.hall.be considered -the Board of Appeals. I1.5.3. Referral to Planning Conuzissi.on. The matter along with all related.imormation shall be referred to the: Planning Co miss' n which .shah. review the application(s) and. hear the applicant or representative thereof at it's first regular meeting following. receipt of complete application(s). To insure preservation or Health,. safety, and general welfareof the public, the Planning Commission shall have authority to. request additional information from the applicant concerning the application or to retain expert testimony with the consent and at theexpense of the applicant concerning the application. The Planning Commission shall review the matter determining the. effect of the proposed Conditional or Interim Use on: the Comprehensive Municipal Plan; the .character and development of the neighborhood and Zoning District; conformance with the Performance: Standards and other:provisions of this Qrdinance; compliance with otherapplicable law; regulations, and provisions which may affect the Conditional or Interim. Usc:. 17.54 Public Hearing. In consideration of the application(s), a public hearing shall beheld before the Planning Commission or the City Council to rcceive..public coxnmeht on the matter. Notice of the public:hearirig 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 shallbe.mailed to all owners of real property located within three hundred fifty (350'0") feet of the Conditional or Interim Use site based upon a list. and mailing labels. secured from Ramsey County Property Records and Revenue. lieferr aI i ,5 .to City C�j}uncil::, 4r=� h: i"1�laiir=s i ..:.,Caxncr�i, srgri-sla7.t"'ia s vritt �mpreliensi." Ifunicip .Plan and recoipfriend M -., Jude such ac " '�s or c� tk bons rely t�`the l>; ` this OrdinancW << c .5.6 Action Ll ;G1tV Counral. fact in. r'rliirs tviTl` Sgfian` or .denv theApplication to the City i :- e:deemedessaxyto. carry out.the C="'sf the I which shall and purpose Upon receipt �o��tlie writers recommentiaiion o£=tie Planning Cp'p''�issrri'and puUlic coznnnent; tlie;natter shall be `1aCe�'vu:�;ragenda for a:;zegular meeting o]f„T1xe Clay Council, the dafe;of stiCh.meetin to be nat:mar�t1'�an the nurriber a£ days allowed by law after the date of receipt of.a completed applieation.unless such date is extended or ��iaived: If rio recommendation is transtriitted to the City Council :by the -Planning Comrrdssion witluni.thirty (30) days of its receipt, the.. City Council. may .take. action without further communication from the. .Planning Corntrission. In considering the application, the City Council shall determine that the proposed Conditional or Interim Use..1) will not be detrimental to public.:health, safety, and general welfare; 2) is in harmony with the general purpose and intentof the Comprehensive Municipal Plan; 3) is in compliance with this Ordinance. The City Council shall, in the form of a. resolution, make a. written finding of fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public. health, safety,. and welfare..Approvals shall require a majority vote of the City Council. 17.5.7 Issuance of Conditional. or Interim Use Permit. The Zoning Administrator. shall. promptly notify the applicant in writing of the decision.of the City Council, said notice considered delivered upon deposit for delivery with the U'S.mA..In the' -case of approvals,. a. Conditional.or Interim Use Permit shall apply only to. the use stated:on the:permit and the application: 17.5.8 Lapse of Conditional or Interim Use Permit. If :floe use. stated on the permit and application is not taken up and irhplemented 'witliiri one (1) year. of the: date: of issuance, such issued .Conditional or Interim Use Permit shall lapse. 17.5.9 General Standards. All Conditional and Interim Uses shall comply with the following.gencral standards. } Existing Uses: Shall be in accordance with zoning and building standards in effect at the time of initial construction. and development and..shall.continue to.be governed by such. regulations in. the future. B).New Uses. Shall conform as.:follows:. Updated Ane.5, 2017 Gen:.Lake Consolidated Land Use Ordinance ---Page 84 1) Compliance with all: zoning:and other regulations as may otherwise be applicable; 2) The date or the event that will terminate:the use can be identified with certainty:; 3) The existence of the Conditionalor. Interim :Use will riot impose additional costs on the public if it becoiTmes necemary for the public to take the property in the future; 4) The user .agrees to any conditions of approval associated :with .the approval of the Conditional or late im Use Permit by the City Council. C) Existing and New Uses. Shall conform as follows: 1) Shall maintain harmony and..cotnpatibility with surrounding uses and with the .architectural character and design. standards of existing uses..and development; 2) Shall meet of exceed all Performance Standards contain elsewhere in this Ordinance, 3) Shall .not generate such additional traffic associated with the use that would overburden or .exceed the capabilities of streets .and other .public services and facilities including,. but not.limited to; parks, schools; and utilities serving the area. Section 17.6 Amendments In accoi cer ` T:6:2. Initiation. `The City Counq .of Sion ma district boundaries and'MLPS of.thi��,, teal.propvi .rhe C3riy or: who ]�a?la; 1? IM r9p try rir the City" initiate a. -re i said real property or such real property Statues, Sate cc up_e tnear own mouD� initiate a request.. to am p'person(s}` fiim(s), arporation(s) who are. :rated in wri ila"so re sent die. interest of the _t.; end the. text, t�!.,_ cs o �_�istrict boundaries ands thereto. ie: text, tables c.title owners rle owners of o as to affect 17.6.3 Application. An application to .Amend The Zoning Ordinance shall be. made. on a forin provided by the City. If the application to Amend The Zoning. Ordinance is to be considered in association with any other Building Permits; Variances, Conditional or Interim Use Permits, or Subdivision, all related applications shall.be'submitted simultaneously with the application so. as to. represent the full.intent of the application. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as. established in the.City's fee: schedule. The application(s) shall state .Fully all facts relied upon by the applicant and .shall be.supplemented by such:maps,.plans, or additional data for' consideration. of the. application as required and. communicated by the. Zoning Administrator. An application will beconsidered complete. on the date of the .application(s), fee.(s), and all supplemental. materials. ]requested have been received by -the Zoning Administrator. As required bylaw, The City shall act. on the application within the periodprescribed unless said required period is extended or waived. 171.6.4 Referral to .Planning Commission.. The matter. along with all related information shall be referred to the Planning Commission whichshall review the application(s) and hear the applicant or representative thereof at it's firstregular meeting followingreceipt of complete application(s). To insure preservation of health, safety,. and general.wclfarc of the public, the Planning Commission shall have authority to request additional information. from the applicant concerning.the application or to retain expert testimony with .the. consent and at the expense of the applicant concerning the application. The Planning Commission.. shall review the.matter,deterrr,ining the effect of the proposed application. on: the Comprehensive Municipal Plan; the character and.development.of the affected neighborh❑.odO and Zoning'District(s); conformance: with the Performance Standards and other provisions :of this Ordinance; compliance with other applicable haw, regulations, .and provisions which my affect the amendrnent. Updated June 5,..2017 Gem Lake 6nsalidated Laud Use Ordinance — Page 85 ri) Only:appl cations for zoning amendmentwhich meet one of: the following conditions. should.be: considered`, 1) A .mistake.has been mad& in the original zoning wlnch Zva5 iiicoxisistent with. the Comprehensive lvbjricipal Plan:adopted by City which should now be corrected; or 2) Substantial changes have occurred .within the City since the adoption of the Comprehensive Municipal Plan which changes should result in 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 publicneed:being. evident, the application shall.sho-v that the public interestwould be Best sewed by rezoning.the. property in question: and .that the: prnperty in question is the best qualified to serve said public need; :or 5) In the case of "down zoning" which would diminish theintensity of the current useto a less intensive use, the proposed zoning shallallow the .property owners a reasonable use of their property under the. terms of this ordinance as well as serve the public interest B) Wien .reviewing a zoning amendment applications., impact on the. following, criteria shall be reviewed and. measured by the Planning Commission and City Council: 1) adjacent Uscs; and Air N area 6) Economic.Impact on 7) Consistency with the. Comprehensive Municipal Plan, 17:6.5 Public..Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission to receive public comment onthe matter. Notice of the. public hearing shall be. published in. the City's official legal publication not less than ten (.10) nor more than thirty (30) days with said notice stating the date, time,. place .and a summary of the application. If the amendment rniglrt affect the zoning or use of specific. property, a similar notice shall be mailed to all owners of real property located wid-ia. three .Hundred :fifty (MO') feet .of the affected, property based upon a list and mailing labels.. secured. from Ramsey County Property Records. and Revenue .by the applicant and within the same time Frame. 17.6.6 Referral to City Council. The Planning Comiriission: shall make written findings of fact in accordance urith Section 12.1.5 A).. of the Comprehensive Municipal: Plan and recommendation to approve or deny the application. to tire.City Councilwhich shall include such actions or conditions relating to the request as maybe decmed necessary to carry out the intent -and purpose of this Utdinance. .17.6.7 Action by City Council: -upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall. be placed on the agenda for a regular meeting.o£.the City Council, the date of sucli.meeting to be withixi, the time prescribed by law unless such date is extended or waived.. If no recommendation is transmitted to the. City Council by the Planning Commission.withain thirty (30) days of its receipt, the. City Council may take action without furthercotninuiiication from the Planning Commission. In considering the application, the City Council shall determine that time proposed. Updated June .5, 2017 Gent .Lake Consolidated. Land Use Ordinance -- Page 86 amendment: 1) will not be detrimental to public health, safety, and -general ivelfare;.2) is in harmony with the general purpose and. intent of the Comprehensive Municipal Plan; 3) is in compliance with this. Ordinance. The City Council shall, in the form of a:resolution, make a written finding a fact,. convey its decision to approve or deny the.application; and impose such conditions on approvals as may be necessary to protc.athe:public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 17.6.8 Adoption. of the Amendment and Incorporation of Amendments IntoThe.Oxdinance. The Zoning Administrator shall promptly notify the applicant in writing of the decision. of the City Council,. said. notice considered delivered upon deposit for delivery with the US mail. I.n the case of approvals and unless otherurtse specified by the City .Council, the Amendment shall be considered in .effect .on a date specified by the City Council, but. riot later than: thirty (30) days subsequent to the :City Council's decision. Section 17.7. Appeals: 17.7.1 All appeals from any order, requirement; or decision of the Zoning Administrator or Building Official shall be: brought.before the Planning Commission who shall act in the:.capacity of Board of Appeals in all -matters related to this Ordinance. 17.7.2 All appeals shall be filed in writing with the.ZoningAdministrator accompanied .by:any substantiating information and list.of experts who: shall may testif, on hehalf of tire. appellant.. Upon receipt, materials shall be.forwardcd.to the Chairman of the Planning Commission. who .shall place. the ,natter on the agenda.of .the next meeting or a special meeting, provided ano.tice.of the special.ineetingis appropriately.pubiished'Mi the City's legal publication. Notice of all hearings fvr appeals shall bemailed. to all appellants. 73 `Lttivr<re'view of slot] R17.74 In the ( `e date. of pu Fees matter subje o .judicial shall be appeal. toCity Council. and shall i-eeome effective 17:S.1 Application Fees: The fees to be:paid to the City for an application:for amendment -of this Ordinance, a. Variance from this Ordinance,. a Conditional or Interim .Use Permit, or any construction, plumbing, electrical,mechanical or other related perinit shall be made payable to the City in an amount established, and. from time to time,, amended by resolution of tbe.City Council. 17..8.2 Suppk mental Costs. In addition :to application fees, the City.sliall require payment of supplemental .costs related to an action or. application including, but not limited to: attoriney'sfees, fees of outside experts staff time; direct expenses. exceptional to the effort and as.identifred by City staff. The applicant shall deposit funds with the City, td be held in escrow; for payinent of these supplemental costs', as detem ed by the City Council in ordinances adopted from time to time setting forth .fees and charges for City services. Any application fees shall be applied to the costs -incurred by the City.. All expenses acid costs incurred by the. City in connection with an application under this Ordinance shalt: be borne by the applicant, and paid prior to. final action on the application. Any amountsremaining from a deposit posted by an applicant shall be refunded to the applicant within thirty (30) days after final action .on the application, 17A.3 Fees shall be payable at the time applications are first filed with the City .and are not refundable unless the. application is withdrawn prior to referral of .the matter for consideration.. There shall..be no fee in the case .of an. application filed in the. public interest by members of the planning Commission or City Counral. Section 17.9 Violations and Penalties. Any person, .firm, .corporation, or voluntary association which violates :or refuses to comply with any of the provisions of this Ordinance shall be .charged with a. misdetrieanor and, upon ..convictioin .thereof; .subject to the maximum penalties provided .for by law and costs for every offense.. Each day that a. violation is permitted. to exist shall caiistitute a.separate offense. Updated June 5; 2017 Gem Lake Consolidated Ladd: Use Ordinance -Page 87 SECTION 18 - PERFORMANCE STANDARDS. Section 18,1 General The performance standards established in this section are designed to encourage high quality developmentby providing assurance that. neighboring land uses will be compatible. The performance standards. are also designed to prevent and eliiminate those conditions that cause urban and rural blight. The. Zoniag Administrator; assisted. by the Building. Inspector, shall be responsible for enforcing these standards and may require the submission of information :showing compliance or non- compliance with .the standards. Section I8.2 Requirements for Consideration 18.2.1 Constriction Plan Review .A) Resideritial Construction 1) Prior to the .start of construction. or remodeling that will create a new building :.or structure or will. change the outside dimensions of any building or structure located in a .residential zoning: district, six. (G) copies of the following:data must be furnished to: the.Zoning Administrator. a) Existing. Improvements. Copies of a site .plan: drawn to a scale not smaller than one inch equals fifty feet (V = 50for the, lot upon which the structures will be Built or remodeled. Each :site :plan shallidentify the locations) and size(s) of all existing structures, proposed structures or.additions,.driveways, sidewalks,, parking spaces and Individual Sewage Treatment 5 ,steins_i STS). The dirnensior ss arcs: calcul vns v£ t] e: v aridp build set;;baok lures ter Bo all existing trees b yegeta "z... _'_ tit7x3, a tree invert �' "� - and Ei' Ordinance 14' 51na11 be provided.':: land existing and proposed vegetation improvements. water bodies on the''" rbperty shall be. I3 te2 .t n the site nlih �n or remodeling wUxcg&E in. Any loss of necessary, reforestation lin as described pe plan shall also be pr "" ed indicating d) Plans. Preliminary axclutectural.plans including floor plans and; exteriorelevations for the.:: proposed construction or remodeling: e) Sediment and Erosion Control; Identification of all Best Management Practices TMP) .to be employed on:the property to; pro6de sediment'and. erosion control. in accordance with Section 22 of this ordinance. Additional Data. Any additional data requested by the Zoning Adn iriistrator or Plan Review Cbmrnz sign due. to conditions peculiar to the property. B) Commercial Construction 1) .Prior to the start of construction or remodeling that will: create a. new building or structure: or.will change the outside dimensions of any building or structure located in.a commercial or business zoning district, six (6) copies of the following data:rnust 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" =:SD') 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 0STS). The dimensions and area calculations of the lot and all.building: set=back lilies shall also be shown. Updated.June 5, 2017 Gera Like Consolidated LasO Use Ordinance - Page 88 b) Wetlands:aiid 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 surveys in, two (2) foot increments and at a minimum scale of one melt equals twenty feet. (V = 20). for the proposed construction site which includes existing topograpliical and natural featuresi proposed changes..to the topographical and natural features, existing structures and improverents and proposed structures and. improvements. d) Trees and Landscape. If the proposed construction or remodeling will result in any loss of crostuag trees or vegetation, a tree inventory and, if necessary, reforestation.plan as described in Ordinance No. GG shall be provided. A landscape plan. shall also be provided indicating existing. and proposed -vegetation .improvements. e) Fences and Screening. Details and specifications £or all fencing,.-,valls and. screening devices to beinstalled as -part of.the project. f) S.torm. Water Drainage Plans. Identification of all Best. Management Practices (BMP) to be employed on the property to pxovide.storm water drainage sufficient to drain and dispose of All. surface water. accumulation within the proposed development `site; said BMP's to be in accordance,,vrth. Section 22 of this ordinance. These :plans to be:ieviewed.by the City Engineer and the appropriate Watershed Management Organization (WMO). g) Sediment And Erosion Control. Identification of all Best Management. Practices (BMP.) to.. }fie, emplvyeclon the. property provide s.edizne4xndeaosvp;conytolt?<ac�_otelaur with 'c%on'2Z'" oJai� ordinanc �YTleae plans to;r tze Cz En "iertd the Sc —p �' �;=sr:. ': ,. 'afFiair' king. „ed.plansliotiviriga szifacai'.exits accnin aieciby reviews ams'e� '10fl lnty. if.deve o a t;u, ll iccess.ot�ici a county road or MnD.O if development access ontp`a state h Iiway'''lans 3 all also ;'`clrade all interior drivewa§�a l road details, I) Lighting. Lighting plans shall include all proposed installation of exterior, paxkinglot,.display and storage lot lighting.. j) Signage. Proposed placement, description and quantity o£ .all Sign .types and associated fixtures.. it) Structure Plans.. Pxelitr inary architectural plans including floor plans, exterior elevations and description of exterior facades. 1) Deviations. Plans:should be accompanied by a list of all Variances, Conditional or Interim Use Permits; and Zoning Amendments required for the development. 18.2.2 Cost. of data. review A) All costs in excess of those already included ism established permit fees incurred. by the City in the :ievi of the data supplied for commercial construction, such as City.Engineer plan review :costs; .shall be paid by the person presenting the plans, prior to any approval. The final.approval of these plans will not be voted on by the City Council until all. costs have. been paid. B) Whenever the prop:osal.may involve a potential for siginfrcant environmental impact, or if an Environmental Impact Statement or. an Environmental Assessment Worksheet may be needed by state law or applicable 1°•... regulation, the City will require the applicant. to prepare or.pay for the professional assistance .needed in the preparation of -these statements or worksheets. M2.3 Procedures for review Updated dime 5, 2017 Geni Lake Cnn.solidaied Land `Use .(Jrdinance — Page 89 A) Residential..Constxuct on 1) No building permits will be issued for the proposed construction or. remodeling until the dataV required has been reviewed and approved by the flan Review Commission which shall be charged Nvith completion of the review in a timely manner.. a} If approved by the Ilan Review Commission, one. (1) copy of the data shall be. filed with the application fora building:permit, one. (1) copy shall -be attached to the: arcltectural plans retained by the City for it's records and one (1) copy shall be attached to the architectural:plans and inadeavailablefor inspection at the construction site. b) In the eti ent .the .applicant and :Plan Review Commission disagree on any portion of the proposed plans which would preclude. issuance .of a building permit, the matter may be submitted to the City Council. In this case, the City Council shall act as the Board. of Appeals and may order approval of the building permitapplication as presented, may order approval. of the Building permit application with such amendments as it may deem appropriate or may order denial of the }wilding permit application. 13) Commercial Construction 1) No .building permits will be issued for the :proposed construction or remodeling until the data in . required bas been. reviewedby. the Zoning Administrator and submitted for review by the Planning. Corrrrnission at its nexcregular meeting. The Planning Commssion with assistance as requested`by the Plan Reykw City -oberde em gsuc pro buidig-:periuit ap be&rontiate or for its .: ible for ie;su mitta an _ lard recommeudat 6Vh r or` pp`rcival of Itcakion, apprcial o,#Tze building.'t application.witll suclanendments as '� of the � � �•= :. � V• erital puildi-n esmit apphea ion. . by the CitysCdneil�one'.1}copy QtlieJaata shall be filed wi' "`rbe application rexint,..vxi1be attac}i`e .to the architectural plans'-etained by the Sris and Dne (1} copy still -be ttaelied to the architectura fans and made . ��:; a� the .constrzic s-Ulk s3.> tior site.._ b) In the event the applicant and City Council disagree. on any portiomof the proposed plans, the . matter may be resubmitted with amendments to the Planning Commission for reconsideration and .the Planning. Commission shall review the resubmittl and forward recommendations to: the City Councilfor approval of the building permit application with amendments as. resubmitted or denial of the building permit application. Section 18:3 Exterior Storage 18.3.1 Residential Districts A} In Residential Districts, all materials' and equipment shall be stored within a building or fully screened (so as not tobe visible) from adjoining properties or a street, except fox the following; laundry dryingand recreational equipment, construction and landscaping materials and equipment currently being used on the premises; agricultural equipment and materials if these are used or intended. faruse on the.premises, off-street parking of passenger automobiles and pick-up trucks; except inoperative automobiles and. trucks may be parked once fox 4 period of time not to -exceed fourteen. (14) days. B) The use of commercial storage equipment and/or semi -trailer type 'containers or other similar portable storage units is..not allowed in any residential district except when used in conjunction with an Interim Use Permit, issuance.of which is not subject to a public hearing; issued .fora period of not more than one hundred twenty (120) days in conjunctionwith a properly issued Building Permit for the property. VAienever possible; such containers should be restricted to a location in the side -or rear vird. 1843.2 Business Districts Updated.June.5, 2017 GeixLake Caiasolidated Land Use Ordinance --.Page 90 A) In business districts all materials, equipment and vehicles .shall be stored in. a building. or fully screened (so as not to be visible) from adjoin' properties or a.street except for. 1). Temporary storage of construction and landscaping materials currently being used on the premises. 2) Open Storage Lots where screening but not a budding shall. be required. 3). Open. Sales .ox Rental.Lots where merchandise for retail sales or .rental may be displayed in areas designated .by the required Site Plan or a Conditional or Interim Use. Permit. B) The useof commercial. storage equipment and/ox semi trailet type .containers or other similar.portable. storage units is. not allowed in any business district. unless. an Interim Use .Permit for a period. not to exceed one -hundred eighty (180) days is first secured in.accordance with Section 17.5..44 4 of this Ordinance. Whenever possible, -.such containers should be restricted to a location in the side or seat yard. Section 18.4 Refuse S 18.4.1 In All Districts, :all. waste material,.. debris, refuse,: or garbage shall. be. kept -in an enclosed building or properly contained in.a .closed container designed for such purposes. Farms. may beexcluded from this requirement providing the. waste material is thatcommonly associated and incidental to normalfarm operations. The owner of vacant land shall be re sponsilile for keeping such land £ree:o.£.refuse, and weeds:. A) In all non-residential districts, all commercial refuse containers shall be enclosed in a building or properly ;lensed or screeny' d tp x entatiy refuse from spillu beyond the enced=,,screened area:and.ty- evcnt.access '� UWren or otter unautl tSs�&.-Persons. FekeS: or screens shto' I e t3i�ovis10nsY [i same this 4.2.In All Districts, nesxilall park uipment exterWto artytructu> ix o AhV prot)r shall be required inall zones eked vehiWmachinery or A) any off-street parking area contains more than four parking spaces and is within thirty (30) feet of an adjoining residential use or zone; and B) where. the driveway to. %a.. parking atea..of more than six (6 parking spaces. is within fifteen (15) :feet of an adjoining residential use or zone_ 18.5.2 %Xlierc any busines& or industrial use.(stmctuse; parking .or storage) is;adjacent to property zoned or developed for residential use, that business or .industry shall provide screeningalongthe boundary of the residential property. Screening,shail also be provided where a business or:industry.is across the street from a developed residential zone;:but not on that side of a business .or industry considered to be the front (as determined by the Building Inspector). 18.5.3 In all districts all exterior storage shall be.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. se%zdce station pump islands. 18:5.4. The screening in this section shall consist of a solid fence or wall not less than five (5) feet high, but shall not extend within fifteen (15) feet of any street, right-ofway or driveway. The -screening shall be placed along property lines or in. case of screening. along a street, fifteen (15`} feet from the street right-of-way with landscaping between the Updated.June 5, 2017 Gein Lake Consolidated.lmrd UsePage 91 screening and the pavement. A louvered. fence shall be considered "solid" if it. blocks direct vision. Planting. of a type approved by the. Council may also be used as: a screening. t t A} Screening shall also. be subject to additional provisions of other sections of this Qrdinance. Section 18.6 Landscaping 1$.6.1 In All Districts, all exposed. ground areas surrounding or within'.a. principal or accessory use: including. but not limited. to street boulevards not devoted to. drives, sidewalks, patios and.the-like shall be landscaped. 1.8.6.2 Landscaped yards shall be provided alorig:all streets, both publicandprivate: Landscaped yards shall not be used for .parking 'of vehicles or equipment .or for storage or display of Household items, .materials, supplies or merchandise. advertisedfor. sale. Landscaped yards shall be at least twenty '(20') feet in depth along all streets measured from theright of-wak, Except for driveways, the yard shall extend along the% entirefrontage of the lot and, in .the case. of.a corner lot, along both streets. 18.6.3 All .property owners and their (sub-) contractors sh.A.'employ and maintain sediment and erosion control in accordance with Section 22 of this ordinance until -landscaping is complete. 1.8:6.4 All.landscaping shall be completed within one (1) gro«ing season after completion of any development, grading. and filling, comtruction,:or;other. activity which shall resultin exposed ground.on: the property: Section 18.7 Maintenance 1, :7: f it i7Tstticts, ali tei�ct res li nd_%ping and fences `'halIbe maintain ei `so-a5" at'l e'Sansi hfi a' - esenr I irmful h:.t ANY",b nuisance conditionsµ o re ad`oiiii $ y Health and safety; - _ r8 Lighting andGlaze s%,j=ir60, g.:�:•°?• .,-•r;.aaF��:� •••ri5 ;r:..:,, g tt: 18.8.1 In All D.lstrzrts, a .=lighting sh- 'k e a:rrangecisa `tn"'defIei�. " ht fro ':-"" l adjoining proper T, and'' `azn.the publit siieets .and liig7iw`ays. Dbr or sky -ref ge W glarewhether fro rx_'—h `htin ,'`b ,,-from 1 ' h tem erature k iocesses such as rr r geli' '„1a]l not.be directed .into Any`acijouii ro er 1.8.8.2 Glare or Heat -.Any use requiring an operation producing:an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from beingdetectable at'tlre lot line of the site on which the useis located. 1:8.8.3 Outdoor. Lighting - All outdoor lighting. shall be so designed and installed so that. light will not be directedonto adjoining. property ..or public : streets and highways. Lighting units shall be.: properly shielded' to give. no. upward cotnponent of light to create .a sky -glow. A) Outdoor lighting fixtures shall -be mounted at the lowest .possible level 'above :ground,: but in no case shall any poleoz.struct.ure for mounting such fixtures exceed the inaximtun.:principal.structure height restrictions. B) Prior to installing or remodeling any outdoor lighting, a site plan. shoving type, location and configuration details and proposed area of direct illumination must be .submitted to. the Zoning Administrator for his approval. C} After completion of any outdoor lighting system. the property owner maybe required to submit an -affidavit, by a registered lighting engineer, that the completed. project does not exceed the requirements of this :section. 18.8.A.Ughting used to illuminate sales lots - Lighting used to illuminate sales lots. for new or used Gars shall be arranged and: designed so as to comply with. the following limitations: A) Maximum maintained' lighting level at any point within the boundariesof the lot, measured 36 inclieS above grade, Shall not -exceed one -hundred twenty (1.20) foot candles. ilpdaled Jwie 5, 2017 Geer¢ Lake Consohdated.Land Use Ordinance — Page 92. 13) 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 teeter from .a. point thirty (30) feet out from the property Tine; shall be no greater than six -hundred. 00) foot Lamberts. 18.8.5 Lighting for outdoor storage areas • Lighttnng: 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 fifteen (15) foot-candles. B) Maximum maintained vertical illumination, measured five (5).feet out from the property line xvith. the meter directed toward the area in question, shall be two (2) foot-candles. C) Maximum point brightness; measured with. a brightness meter from a point five (5) feet out from the property line, shall be no:greater than three -hundred. (300) foot.Lamberts. 18.8.6 Lighting fir off street parking - Lighting for off street parking lots shall comply with the following.limitations: A) Maximum maintained lighting level at -any point tvithin:flae.boundaries of the parlking.area, measured thirty six (3G') inches above grade, shall not exceed two. (2) foot-candles. B) Limitations on die .hours of lighting operation. may be imposed by die City Council, :�:3i '?ai•'v �� 1 �':5•:: :�Zj.:: - q - r`y'rs5i=. Section ��(.', :- _� �' :•:3.- '�tf`•:� :?ai•'v .•�•i�.%5:: "'?ai•:� "S- _ t: •:c�:�•�t S�=Y;`"ski'<'�=:r::�.:':: �ti�•: , - - V Ibw6cnr„ ... Any use. creuting.p_eodic earth-sh EEakxEtg vibratiox rectos map be created from.a drop forge, shall.be prohibited such vibration" are erg. tlili liar -'at :tie lot line o file sitecri,wluch W.W This. standarr:3hall not apply f' brativns ea ""d d tze :- r Mess `vf constru •fta . ,:..».4im,te. tir�ng p off....., -,.::-..:a,.-..._.;,:-, r•;: F ' }'s' :`, 100 18.10:1 In connection with any structure which -is to be erected or substantially altered; and which. requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there.shallbe provided off street loading space on the basis of adequate space forloading and unloading all vehicles used incidental to the operation of the use. A) No loading. berth of vehicles over two -tons capacity shall be :closer than one -hundred (1OY) .feet to: any residence: district. unlesscompletely enclosed by building. walls not less than eight (V) feet in, height. B) Where noise from loading.or unloading activity is audile. in a residential district, the.activity shall terminate. between the hours of 7-00 p,m.:and..7:00 a.m. Section 18.11 Traffic Control 18.11.1 The traffic generated by any use :shall be channeled and controlled in a :manner that will avoid: A) congestionon the. public streets; and, B) traffic hazards; and C) additional truck traffic through residential areas. I SA 1.2.Internal traffic shall be so regulated.as to insure.its safe and.orderly flaw. 18.11.3 7'raffic..into .and out of business and industrial areas shall avoid zesidential areas and in all cases be forward - moving with nobacking into streets. Updated Jame 5, 2017 Goer: Lake Consolidated Land Use Ordinance.- Page 93 1'8.11.4 All entrances frotn:privateprop.erty onto city.streets shall be subject to review and'approval of the City Engineer and all entrances'. from. private property onto county. roads or state highways shall be subject to review and approval.by Ramsey County Public Works: ox the Minnesota Department of Transportation. Section.18.12 (Deleted) Section 18.13 Architecture 18 13.1 I.t is hereby affirmed a.s public:policy that the appearance of this coitununityis:a proper matter for public. concern and..that'all developed open spaces, and all buildings :signs, plantings, surfaces and. structures which inay be seen from the public ways are subject to the proNrisicins of this Ordinance. 18..112 In .All Districts, .all. principal buildings' other than one -family dwellings must be designed or approved by a registered architect and certified. in accordance with the appropriate MinnesotaState:: statutes: 1.8.1,3.3 In All Business Districts;.a building permit shall notbe issued unless the proposed use is designed, sited, oriented and landscape -planned to produce a harmonious relationship of building and grounds with adjacent buildings and grounds and with the environment of the neighborhood. 1.8.13.4 In AllResidentW Disbicts; a building permit shall not be issued if the. proposed building is so similar or dissimilar to the Other' homes in the area as to. result in. depreciation of property values. in the neighborhood. Section 1.8.14 Explosives ��r.c�.v ac uyiucs lLl} VLVILL Lilt SiL�IiL�C,. L111Li4aL3(]I1= t7 •'II11nl1LRCLL1Fe �`�`(`7£ marer1a15 Or pI�CILICLS� TaL1G1] a5 11Y 3 or " fi� -J ai:. dL1iiC]l. namite, tvhicicould' decompose'bp degitarion shallje p ` . tted excepj such as. are licensed by theC= ~•. s; 15 Radiation aric'1?le 'cal:E..... = t= +` wCar,;. 3,c•:or.,..r:: srgr;.; .15.1 No activities slidb e ermitredsrthat'emi ;:don"`"craus''r idaactive ;be grid enclosed. areas. 1lere shall be .no ctrical distpance �exe'' t from dorrie[t housekold.:appliances'acli:ersly?affecting the operation ata3iv' point of an iuAtzlen�:ather than thM f the creator of sucl"'disturbance. ,_ .. IN Section 18.16 Aircraft 18.16.1 Landing Area. Aircraft landing areas are hereby prohibited within the City of Gem Lake. 1.8.16.2 Operation'. The landing and the taking off of aircraft within the City of Gem Lake is prohibited except for emergencies. -or by: duly authomed haw enforcement;' military' or medical transport -aircraft. Section .IS. 1.7 Other Nuisance Characteristics' 18.17.1 No noise, odors,' vibration; smoke, air pollution, dangerous wastes, heat, .glare, dust, or. other such adverse influences .shall.be permitted in any district that will in any way have. an objectionable effect upon adjacent of nearby Property, 18.17.2 All wastes:shall be properly' container., fenced or screened and disposed of in. a manner that is not.dangerous to publichealth an(i safety. Section IS. 1 8' Consistency with Plans .arid Policies. 18.18..1 The proposed use'shall preserve the intent and purpose of. this Ordinance and shall. be consistentwith. the goals, plans and policiesof the City's Comprehensive Plan. Section.18.1'9%Clus.te- and.Density Transfer [Wated .hme 5, M 7 Geri Lake Consolidated Laud Use. Ordinance -- Page 94 f 1.849.1 This clustering and: density transfer system is to provide a means by which parcels .of land,in the City of Gem t Lake,having unusual building characteristics due to.subsoil. conditions, elevation. of the water table, water area, and/or relative.lvcation.or shape of the parcel may be more efficiently utilized_ Density zoning also provides a means to. preserve and protect. naturalresource areas such as wetlands; woodlands; steep. slopes; as:well as good agricultural land and -scenic. views.. Basically, this approach' allows .a developer: to cluster housing or business..units in .buildable areas in return for leaving the natural resource areas or agricultural land open from development. 18.1`9.2 The City Council, in determining the reasonableness of the.proposed. clustering, .shall consider the following factors: A) Location, 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 tonearby uses. 18.19.3 The owner or owners .ol" any tract of land is the. City. of G 6m Lake may submit to the Planning Commission, for review.:and.recommendation to. the City:.Couneil, a plan. for use. and. development of such a tract of land as a cluster .area by making an Application. -for a Conditional Use Permit authioxizing .cornpletion of the project according to an approved: pIan. The plan for the .proposed project shall conform: to the requirements of the: Use District. witbin which the land is located except as hereinafter modified: i1) e jtract f sb , .. -r•,r- s: . o `for wlsitt: xo ect is ro o `dsand.a..Co than e. 5 acr'`s fn size; and M ;n .010 $) The l'ap lica ' s.� er�sely who its this anion, puupnscis.af jus g t ,ranting of a Copivl T Ise l?�xttci sumuttea4nAtie tom• or a: pre] as descdbediWIhe�C y of .Gem. less this site for. and be in complete confortu'alice with what Ordinance fora reliuiii plan, and P � szs rY P s : D) The number. of dwelling or business units proposed for the entire subdivided area shall not.exceed the total number Permitted for .theUse District within which the land is located, unless a bonus is given for. unique:.uses of the.axea; and, E) Theaverage lot density in the .plan shall not hegreater than the xna.18stxum. fox the area and the. lot area, of any .one. (1) lot shall not be:reduced.more than one-half ('%a] by assigning additional dwelling or business units.; and, F) That land which is. set aside as unbuildable and on which the plan is justified.shall beAearly indicated on. the. plan. This land shall be dedicated as a "conservation casement" naming both. the City and..the Minnesota Land. Trust or similar as holders of that title. for .that..: land. Provisions for the continual maintenance of that "easement" area so dedicated and accepted by the City shall be: requiredfrom the property owners). 18..10.4 When: calculating the. number of dwelling or business .units per acre the size:.of site shall be determined by the total land. area within'the perimeter of the.. privately owned property. This.will include any area of newly proposed public or private roads. of road right-of-ways. 18.i 9,5 A density bonus of up to ten. (10%) percent of the maximum allowable dwellings on.a defined parcel may be allowed by the City Council Section. 18:20. Park .Land Dedication Requi-meats 1$.20:1 As a pre -requisite to plat or Planned Unit Development approval, all developers .shall dedicate land. for parks, playgrounds, public open spaces ortrails and/or shall make a cash. contribution to the City of.Gem Lake's park fund as Upd#ted .rune 5, 2017 Gem Lake Consolidated Land Use.Gi dhiance — Page 95 provided by this section:of this Ordinance. Thc. form of the coiatrihution, cash. or land (or any c9mbin*gn), shall.be.as determined by the City Council, in an:amount equal to ten (10,ko) percent of the total acreage. in; the development or ten (10.0%) percent.of the pie -development 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 he.exempt.from dedication requirements. 18:20.3 Land -to be: dedicated. for parks, playgrounds and public open spaces shall -be reasonably suitable for its intended use and shall be at a location convenient to. the people. to be served. Factors used in evaluating the adequacy of proposed part: acid recreation areas shall include size,:shape;.topography; geology, hydrology, tree cover, access and location. The City Counr_ii; at its.discretion, may reject proffered land and mandatemonetarycontribution. 18:20.4.The Gem Lake Planning Coiiuriissioni ihnll review all park land dedication proposals including the location of land and the amount of land to be conveyed or. dedicated within a. proposed development :ot. subdivision.. Upon review,. the Gem Lake Planning :Commission shall recommend .the land dedication and cash: contribution. require ents .for. proposed developments or subdivisions to the City Council. The. exact amount of land or cash considerations to be dedicated .shall be -established by resolution of .the City Council. 18.24.5 Land. areas . conveyed .or dedicated to the City of. Gem Lake;: as a park or recreation area, shall not be used. in calculating the density requirements of the:: Zoning Qrdinance.£ox the proposed development or subdivision,and shall be in. addition to and not -in lieu.of open space requirements for Planned Unit Developments: 18.20A Where private open space for park and recreational purposes is subdivisiom;vr Planned 1 i�it= fDcvelopment and such s ace is..to be p ' re`P en` 66ffi subdivis on o�l?`i'. 7.D F.areas may b •:us` d for credit.at xe. uitement for"sdedicati `n'.for park and. i cation p;providing th #a do so and that -the to oovicrg standard ace met: =` :d Dr <i �'fS:�W':%.•:y, sue",;: -•.a'"`] :" ;,! A The Mils c i rt�areas §e'td asks. and o�H :o en,s ale= a uire ; xegulatxoxis s1ialL tot be inclu edyux the colzip tafiion o urli..privi — provided for in a proposed development, Council finds. it is e GZit=ed by'th Den spaces, and B =Tli 't.the put' c ownership a cl maintenance of the open space is adequately agtecmentt, and interest and building by written C} That the: public open space.is rest dcted for park and recreational purposes by recorded`.covmmts which run with the land in favor of the future owners of property tivitbin the tract and whirl: cannot be eliminated without the consent of the City Council, .and D) That the proposed private :open space. is reasonably adaptable for. use for park and recreations purposes, taking into consideration. such factors as size,.shape, topography.,.hydtological conditions, geology, access and location of private open space. lands, And E) That facilities proposed for. the. open space..are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the. City Council, and That where such credit is granted, :the amount of credit shall not exceed forty (4ii.0°/a) percent of the park dedication.requirements for the development. 1.8.20.7 The .City of .Gem Lake shall maintain a separate :fund into which all cash contributions. received in lieu of conveyance or dedication of land. for park and playground,:public open space or trail purposes shall be deposited and shall make,: from time: to time,. appropriations from such fund for. acquisition of land for parka d. playgroundpurposes; for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land: previously acquired for parks. and playgrounds which benefit the residents of the City. 18.20:8: If a developer or subdivider.is unwilling or unable to make a. commitment to the City of Gem. .Lake as. to ths:.. type of buildings that will he constructed on lots in the proposed plat,. theft the land and cash requirement will be a reasonable.amount as detertnined. .by the City Council. t7pdated June .5, 2017 Gem Lake Consolidated -Land Use Ordinance — Page .9b. / 1E20m We m;#a din&eeaaad+ain7c99saccepted by the City Gem takesaH not be considered in the. Park land. a oca + contribution to the City. U AtdA_%2&z Gem.Lqke C eo »d nd eOr2m2;-: g 0 SECTION 19 - SIGNS Section 19.1..Purpose and Intent.. 19..1,1. The purpose of Gem Lake sign. regulation is. to .ppmote.:thecreation of an attractive visual environment in the City. The regulations are intended to promote a healthy economy by:anowing businesses and :individuals to effectively inform, identify; direct and. communicate with the public using.rights of way in Gem Lake.. This aim is balanced with an equal intent to foster public safety and maintain: an attractive built environment in the. City by encouraging the. appropriate design, scale and placement of signs in the City. The regulations are intended to encourage the orderly placement of signs, to assure. thAt the inforination displayed on any sign is clearly visible. for its .intended purpose,. and to allow the: fait and consistent enforcement of the. sign regulations by the. City of Gem Lake.. Section 19.2 Findings 19.2.1 The -City Council concludes.. that it is necessary to regulate signs in the .City Mi .order to promote and preserve public healtlx; safety and. welfare. That conclusion's. based upon the following findings: 19.2,1.1 Signs provide: animportant.medium through which individuals and businesses may convey a variety of messages.. 19.2.1.2Signs can create hazards to motorists and pedestrians; particularly when.inappropriately designed or placed signs interfere with necessary sight. distances;. divert the attention of drivers and.pedesu ans, or obscure directional guidance or traffic control devices. 19 21,3 A osit e:serr$e of;; lace communi itii�a a is im o �.€ -th-dAiealth d ivel£axa o#:indi--'ctuals p 1�.:. /t9.: g. . p s - •�.T r ^ f--.:;.V - ,y .. :::':... ..:-:.:_•. and usinesses ,Gem x.ake.' 'mxnuraity imageaid aestlietic.is o aep connporcent a pr; perry values in the Ci :`Perm ent and tempo signs.hav�a, ect impact o ::and relationship :to the imagearid aesthetic _ ;.`: w of .the c inirxi. c ?,.. �%�t-: .:;�.:�M. 19.2.1. TJncon tilled and"`� t im ted signs esulti in zo + SlC a Clutt }IAd pl75tr11Ctlon of views F k1motorists d Viand dit driis. lie:abilit5 # any s gn to ' ectivel daiivey its intended messa and pe estrians,;.,. € _ Nc V. 1:J 21 5 Properl. 'regzilateri signa � e,, create: an atmosph r'.e�of pxbspenty, stimulate positivei.cgmmexcial activity and consequently lead to increased employment, lugliex property values and a healthier tax base. 19.2.116 Citizens have different expectations. for the aestheticenvironment of:a residential area compared with that of a commercial area. Signs should be.smaller in scale.and their use generally more :restricted Mi residential areas than in commercialareas where. the .public. expects to sec. a variety of signs: Section 19.3 permit Required 19.11 No sign shall. be erected, altered, reconstructed,.niaintained.or moved in the.City without first securing a.perrnit from. the City. The speech content of the sign shall not be considered when approving or denying a sign .permit, however, the content -must be.submitted to properly evaluate the: signage.area, design and placement. A proposed sign with: a structure requiring a building permit or electrical permit must obtain those:permits in addition to a.sign permit, 19.3.1.1 Exemptions. The following signs shall. not require: a permit, but remain. subject to the standards. of these regulations concerning erection, maintenanceand removal, and.:the standards. of any other applicable law or ordinance. A) A: sign, of less .than four (4) square. feet in display area,. indicating the address of a building. B). A sign.: on a residential property, ofless than four.(4) square feet in display area; :stating thename of the owner or.occupant in addition to the. address of the property. C) Traffic cantml.signs, related directional aids, and -traffic control devices installed by a unit of government having authority over the adjacentright»of-way, or at the direction o.f Such a government. Updated Tune 5, 2017 Gem Lake Consolidated Lard Use Ordinance — Page 98 D) Signs not visible from a public or.private right-of-way. E) Newspaper boxes. F) Flags, up to a combined total of 35 square feet, with.no one flag larger than 15 square feet in size. G) Official notices posted on a property at the .direction of a court, public body, or public safety official: H}: A:sandwich board, menu board, A=frame, T-frame or similar sign which does not exceed six (6) square feet in size, as not illuminated, is located within.15 feet of the priinaiy building entrance of the owner or teriant placing the,sign, and is only displayed during hours of business operation. No.more than two signs maybe placed by any single owner or tenant at any given time..Signs of thia type must be placed in a location where they will not impede foot traffic 1) A temporary sign or signs, up. to a total of ten (10) square feet of display space, erected by the owner -or rental tenant of the property on which the:sign.is placed. �) A tempasazT sign ditccting people to an event or occurrence located on the.propertyof the person erecting the sign. Such signs :are limitedto six (6) feet or less of. display.space. and must be installed so .that,they are less: than four (4) feet in height. If placed on property not owned. or rentcd.bythe person erecting. the.sign, the property owner must give express permission. to crest. a.. sign on the property. A maximum of five. (5) such signs: maybe placed in. the City for any given, event or occurrence. Such signs may be erected up to two.(2) days prior.to the eventor occurrence; and shall be rem vedwifUn fw—& 2 days followii3 the. event r : (.) ys M. Q o�cuxrenc'F Trim e5ia� uch a •5i 'v .ice sei ... Y' for mo �;than seven A F. , se -in the mes arc conten words jogos;.or hou„ter, F- e an"r-'a!}. flier . sign. 1 - : ydn chars erptics o the ta. Election sign, For the period beginning August 1 in a State general election year and ending ten (14) days.folloving the general election, or thirteen (13) weeks preceding a special election until ten .(14) days following the special election, these regulations shall have no.effect uponthe size or number of non-commercial signs within the City. Signs placed during. this period shall be removed by the person responsible for erecting them within the 10 days. following: the election. Signs may beplaced.upon private property with permission of the property owner, but may notbe. placed. within the public .rzght-of-way or within. a .sight triangle:. The City retains the .right. to remove and destroy any such signs so placed. 19:3.3 Pernut Application. Application for a sign: permit shall be:made.upon the City's.application form, and shall contain the following. information: A). Name, signature; address and phone number of the property owner. B) Nwne, signature, address and phone number o£ the applicant, if different from the property owner. C) The address or propertyidentification number of the:property where the sign is proposed to be erected. D) An inventory of existing signs on the site and combined display area. E) A complete set of plans showing elevations, distances, setbacks. from lot lines, location of buildings and ... other signs, size of the.proposed:sign.and structure, and other. details to fully and clearly represent the construction and placement of the. sign. Wetted June:.5., 2017 Gem Lake. Consolidated. Land Use nrdlnaiice - Page 99 F) plans and specifications relating to the method of construction,,.attachment to buildings, and/or placement upon the ground. G} A to=scale drawing or illustration showing proposed height, width; shape,.layout, colors, lighting and other .relevant details of the sign, from all perspectives in which the sign is intended to be viewed.. Applicants shall.subm t one application and:suppordng materials for each sign; unless submitting a Comprehensive Sign Plan as described in Section 19:3.7. 19.3.4 Fees Sign permit fees and any :impoundment fee shall be set by the City Council by ordinance, as amended from time to time: The required fee shall accompany a ny.sign.perinit application 1.9.3.5 Review The Zoning Administrator shall review applications for:compliance with these regulations, A decision to approve or: deny should be made within.30 days of receiving a complete:application, Applicants shall be. in£ortned of the decision in writing. Decisions to deny n. pemut shall be accompanied by a statement of reasons for the denial. 1.9.3 6 Variance and Appeal An appeal from a sign permit denial shall. be taken in the manner of .zoning appeals,using the procedure stated in Section - 3:. of the Zo C7xdi�aaacemRe vests for varia m from these pg s. xegulations,sha3Lb - x�de:aixd n rnnG r r th@ mannet<:o %reouesis lbtzonraa variance ;Wsii1a the t)rocexitireffited%n'Secaori 171 eif bus a e; :::. 19.33 Com reh�i ilve 5 P 5N ;: = :r "i ildin construetion remodeling, o ei develo ment 11n applicant se g:ap ;xoVai or si `sin conn/th� n`riew:b, _ g g, p a submit a `i prehe sine sign plan: tht ther required stnliniittals ii% lieu of making individual a plications. for n required azi'tlis. Qfslisianee , is re uired tn.b �epresergted in sigf permits; A71 infarm#a 9 the. supporting. documentation. supporting the:comprchenave: sign request: Tn acting upon the comprehensive sign plan, the Planning Comtnissiorl: and City Council may permit consideration. of unique. conditions, flexibility and creativity in the design and placement of signs, .to the extent such leeway promotes the purposes and goals of any design, standards in the underlying zoning district. If a comprehensive sign plait is appxoved, the Zoning Adminnistrator may issue .sign. permits for individual. signs in the plan without furtherreview, upon payment of the applicable sign permit fee. Section 19.4Inspections and Enforcement. All signs.. shall be subject to inspection by the Zoning Administratox, .or. other official designated by the Zoning. Administrator. The.Adi inistrator or designee must be allowed entry upon the.property on which the sign is located to asecztairn compliance with the terms.of these regulations and the technical speciftcations provided with the pe*nit application -Such entranceshall be made during business hours unless:an emergency exists. 19.4..1 Signs in Disrepair The Zoning. Administrator. or designee may order the. removal of any sign that is not maintained in accordance with the requirements..nf these regulations, Upon failure to comply withsuch order within the time specified, the City Council: may declare the sign a public nuisance. and direct. that the nuisance be abated under. the procedures set forth. in, Gem Lake. Ordinance No. 86, 19.4.2 Impoundment of Signs: on Public Property` Updated June 5, 2017 Gem Lake Consolidated Land Use Ordinance -Page 100. The City may at any time, and without notice, remove and impound signs which have been erected on.publicproperty or within.a public right-of-way or easement.. The sign's owner may retrieve the sign :from the City upon payment. of a $50 impoundment fee, ..If:the same owner.has a subsequent sign:impounded within the same calendar year, the impoundment fecis doubled.. The City. shall not:be held liable for any damage to an impounded sign. If a sign is not retrieved within thirty (M) days; the City may dispose of it.. 19A.3 Sign. Without aPermit or<in Violation of.Regulations The Zoning.Administrator or designee may order the correction or removal of any sign which. has: been erected without a pexznit, or has been erected .or altered such that the. sign is in violation of these regulations; A) The person.responsible.for the sign may apply for a sign perink "after .thc fact," paying double the :applicable sign perrni.t.fee, if the only violation is lack of a.permit. S} If`an order is not remedied or complied with in the time. specified, the City Council .maydeclare.the sign a public nuisance and direct :that the.nuisance be abated under the procedures set:forth in Gem Lake Ordinance No. 8G. Q In addition to the above, the City Council may give written notice to the person. responsible for. the. sign that:the Council will consider civil penalties for the violation. The written notice shall contain.a summary of all:facts.the Council ynterids to consider, and state the date and time at which the CouncilvU consider a penalty: Ifthe person receiving the notice appears at that.date and time, the Council must give the person reasonable timeto present matter$ in defense. or mitigation of the alleged offense. If, in the Council's xe alleged yxvl�ti is supported by fte vidence presgnte tp�it, it may o�,4cx, t11e payment of.a: u 100A 600. 1,594. Fh.oitstandiig uxipaiciyil.ealties.shall not�eiigije to receive pern ie. Ci0 of Gem Lake& til l `e penalty is paid. Dj Violation.of these regulations shall be a: misdemeanor. Each day on which the condition giving rise to the violation exists shall constitute a.separate offense. None of the other enforcement options described above shin preclude the City from issuing a citation and prosecuting any violation of these regulations as:a misdemeanor: Section 1.9.5 Applicable Standards. 19.5.1 Measurement Standards: A) Sign Area and Dimensions; 1) For a wall sign which is framedi outlined, painted or otherwise prepared and intended to provide. a: background fora sign. display, the area and.dimensions shall:include the entire portion within such. background or fraine. 2}.For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions o£ the sign shall e-ricompass a regular: geometric shape or a combination of regular geonietric drapes which form, .or approximate; theperimeter of all elements in the display, the frame, and. any applied. background that is not part of the architecture of the building. When separate elements are organized to form a singlesign, but air- separated by open space; the sign area and diinensions .shall becalculated by. deter i�nining the geometric form, or combination of forms,.which comprises .& of the display areas; including the. spite between. different Updated June 5, 2017 GenrLake Consolidated Land Use Ordinance. —Page 101. :areas. blinor. appendages to a particular regular shape, as determined by the ZoningAdniinistrator, shall not be included in the total area of a sign. Figures (for illustration): To be:insetted later 3) For a freestanding sign, the sign area shall include the frame, if any, but shall not include.1 pole. or other structural support unless such pole or structural support is internally illuminated or otherwise.. so designed to. constitutea display device, or.park of a. display device.. Architectural features that -are either part.of the building or part of a freestanding structure, and not an integral part.of the sign,:and which may consist oflandscapirig, building or structural forms complineriting.thie:landscaping min general. 4) When two identical sign faces .are placedback. to back so that both faces cannot be viewed from any point at.the same time, and are patt of'the same sign structure;. the..sign areashall-be computed as the measurement of one of the two faces. When the'sign.has more than two display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single direction. B) Sign Height. 1) The height of a fxeestanding.sign shall be measured from the base of the: sign or supportive structure at.its point of attachment to the ground, to the highest point of the sign. A freestanding. sign on a man-made base, including a graded earth mound, shall be measured fromthe:grade of the neatest.pavement.or top: of any pavement curb. 5 ^ 2 Cl antes or estandiri and rd ct[n signs shall l?e iieas used""' e.. i'HOest�vertical dis ance .. e tsyilk ) r :; :_ g p 1. "i g G:.: ::.. .-betwee&," hed gr, d the Iowest;pa tpf the sign, chiding any framework oxh:p: w' 'er eribelltsh_rzents. s. C) Frontagesand^=Fr "S. a _ S ;. _w. . ..,. <1'The leiigYh of anY ":'nary or scoclay biztidig fron�e shall be the:sum of all .�iall�:=lengths `} ll� su fronta cacl`r,•.i:1`,. gam eo;r nearly parallekytg c:;N ge, g. such wall len determinsd:by the Zoning Admiivtrator to be cle y unrelated to the fro preene.of the building: 2) For buildings with. two or more frontages, the.length of the wall and allowable sign area shall be calculated separately' for each .such building frontage. 3) The building frontage for a' section of any building (e.g. retail tenant spaces) .shall be-.rneasured: from: the centerline of the partywalls defining the building section. 1932 Development Standards. A) Wall .Signs Wall signs are permitted on buildings:. located in the Neighborhood General; Neighborhood Mixed -]rise, and Neighborhood Center'subzoncs. of the Gateway District: Wall signs,: other than those exempted.6om regulations as stated above, are not permitted in..Residential zoning districts and the Neighborhood Edge subzone of the Gateway District. 1) The basic allowance.for wall signs shall be limited.to..2 square feet of sign. area for each lineal foot of building or. tenant frontage. 2) Each owner or tenant may have multiple wall signs' as long as the total wall sign area does not exceed the: allowances established for wail signs.. If multiple signs are used on a building facade; the display method (i.e. individual letters, box and: panel, etc.) shah be. the same. €ox the entire. farade. 3} Wall. signs shall not be greater than eighty(8W16) of the length of the tenant space of the length of the building.frontage. Updated June 5, 2017 Geni bake Consolidated Land Use Ordinance—Page.102 4-) Each Building frontage or frontage section may be evaluated separately or in combination, but F.... primary and..secondary frontages will not be combined for purposes. of determining allowable sigh. size. 5) In addition to. wall signs. otherwise permitted by these regulations,an additional sign may be permitted up to a tnaxirnum of 40% of the. wall sign area allowed for the building:for the purposes of identifying owners. or. tenants that. occupy upper floors. or do not have outside building frontage. 6) An: arcade or gallery may have sign space on it relating to the .activities of owners or,tenants whose entrances ate under thearcadeor gallery. If the sign on the arcade or gallery is illuminated, 1d0.°/6 of the.sign space is deducted.frotn the :total available area for wall signs. If the sign space on the arcade or gallery is not illuminated, 50% is deducted .from'the area available for wall. signs. 7) Projecting signs are permitted in addition to any allowances for wall: signs when. the projecting signs are designed and placed for the purpose of identifying the owner or tenant. fora pedestrian walling along the same side of the street as the. sign, or under a continuous arcade or gallery. Projecting signs. shall have a maximum area of eight (8) square feet Thebottom of the sign shall be. a: ninmum.of eight (8) feet above the sidewalk. The sign 'nay project a maximum of six (6) feet from the watof the building, or be centered. under any arcade, awning. or canopy. Projecting signs shall not be closer than fifteen (15) .feet from.any other projecting sign. 8} Wall signs shall not be installed,on a roof surface or otherwise.project above the top. of:a Building facade. Freesia :.ding. s "'=s=: g . w; r�:::, �;_ {� are permitte ii H zonin .dlisitri Such Si s may only Be.erected by a 'owner or a tenan e_ aABuil `,2 t f=ated;.vn tie,property s hic 'e sigsm is. o pond ':ram'-+ •.s.r - -::in .�...,., �i� .. � fi:"` -��`='ism � .� -• .�u�'"`��`. '. •a• .'` _ ;1)sResi ential Zon asnd Neighborlioad- esubzone.. Fzeestandin s. s in residential zonin g areas m�a Abe erected. to a:cu ulaUve maximn of to 1`0} p zp � r � ( square feet in display area, and% up to _.�:. 1�S17C (6) �t�7Il l7 l'St. �y�r�;� '�'`'� "'�` •L�^+3 - 2) All Other Zones. Freestanding signs in the remaining zoning areas of the. City may be erected up. to fifty (50) square feet per owner or tenant entrance to a building, Permitted sign area may. be aggregated into fewer and larger signs at: the.election o£ the property owner, providedthat the size .of any single sign does not exceed one hundred and. fifty (150) square feet. Freesiazidirig signs shallnot exceed thirty-five (35) feet in height,. and signs over fifteen (15} feet in height shall be no closer than seventy-five feet to any.other sign; Instructional or directional signs of up to six (6) square feet in area may be erected to satisfy a clear instructional. or directional .putpose without counting against the total freestanding sign area. allowed for the property. 3)..Freestanding signs...shall be set back a minimum of five feet £coin the right-of-way Ec. 4).No portion of a sign shall be in, or project: over, a public right of -way. 5) Signs. may be integrated into the design of a permanent canopy, if one is otherwise allowed on the property, with the sign area on. any side of the canopy not exceeding one.. (1) square foot per lineal foot of the side. C) Window signs Permanent window signs are permitted in the Neighborhood General,- Neighborhood Mixed -Use and Neighborhood Center subzones of the Gateway District. Ternporary window signs are permitted in all (� districts. Permanent.window signs shall not exceed twenty-five percent (2511/p) of the area of the window on which it is installed; the total of all.permanent.and temporary window signs may not exceed:fty percent (50p/fl) of the total window area of any building frontage:. Updated Jurte. 5,..20J7 Gant :Lake Consolidated Land Use Ordinance —Page 103 D.),Illumination; Electronic Message Ceriter'and Changeable Copy Signs Illuminated signs (internal or external) and signs with changeable.copy are not permitted in Residcntial zoning areas and die Neighboxho.od.Edge sub2oneof the Gateway District.. In districts where illuminated :signs or electronic signs are permitted, the use o£.lighting, electronic message. center,: or dynamic display as an element. of a sign is a conditional use. Application for approval of lighting or electronic features shall be made in the manner of a conditional. use permit, using the procedure stated at Section 17.5 of the Zoning Ordinance. 1) Illumination. Internally illuminated signs ate-permitted.in the Neighborhood Mixed -Use and Neighborhood Center subzones only. Externally lit signs shall use -lighting that is directed downward and away from adjacent properties and rights -of -way. Lights used for external illumination shall be shielded or screened from. any roadway,. and shall not be visible from the roadway.or sidewalk.. 2) Changeable Copy. Changeable copy by non -electronic means may .be. utilized on any. permitted sign. in areas where. allowed. The changeable copy area shah not exceed. forty percent (40°/0) of the . total perrilitfed area for any sign.. 3) Electronic Message Center (EMC) or Dynamic Display signs, .EMC or dynamic display signs are permitted if erected within fifty (50) feet of the. right-of-way for Highway 61 or County Road E within the City of Gem Lake. Only one (1) such sign is perrnitted..per propert9; regardless of thc. number. of tenants, Motion is permitted for up to eight (8) seconds. for any single set of chargeable copy, but the.changeable. copy may -not change or be repeated by flashing more. than once. every sixteen (l.6) seeon& EMCs and dynamic -displays :must .have an automaticdimming capability that adjusts e: Yriess::,ta.th6 ambient li tTat all .times of a : oF= t = - s• '= war . ;:: i.. Any1`angealsle Y",Keesta y copy lea (tnanu lG1'Coz dynamic 'splay) may riot exceed-40°Aa.. of the total . wig sign area .ptted.to tbEown"or tenant. : E Fen " es Pro r5 " biteddiba`S` : s' a F ..,., No si ermitted'b -. • These x'`` lions, th` or urithout Ga-"'ermit, sliall have: moviri ,.rotarin o r.:revolvin parts;:ilashing, otating or oscil� #i g liglfts..`(exceptfor E1V Cs, an dynamic displays.where:pd. tted);.neon -lig is beacons ovse . cUghts;. at c e ateriaLs such as .penhan s r streamers; exposed raceways, ballast boxes or transformers; or other clearly similar features. F) Signs Prohibited if Not. Expressly Permitted Any type.o.f.sign or method of sign construction. or display that these regulations do: not expressly petmit, or expressly exempt, is hereby prohibited within the.City.of Gem. Lake. 19.5.3 Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with the Minnesota Stam.BuM.ingCode and Electrical Code and all of the following - A) Signs shall be. structurally sound and located so as topose.no reasonable threat to.pedestrian or vehicular traffic. B) All permanent freestanding. signs .over four feet in. height shall have self-supporting structures erected on or.permanently attached: to concrete foundations. A freestanding sign shall not use guy wires for support. C) Freestanding signs shall be designed for wind pressure of not less than thirty (30) pounds. per square foot. D) Signs should. not. obscure windows or otherarchitectural features of the building.with which they are associated. E) Signs shall not -be placed in locations that interfere with:: safe.vehicular.and pedestrian circulation or public safety signals and signs. Signs. will not be placed in the sight triangles of intersections. F) No sign shall be.erected or: maintained:soas to obstruct and. fire escape; required exit, egress window or door opening. Updated Aire 5; 2017 Gam Lake Consolidated Land Use. Ordinance -- Page 104 G) Signsshall be structurally designed in. compliance with ANSI and ASCI standards. Alhigns using electricity shall be constructed according to the technical standards of certified testing laboratory.. Hj Signs using:electricity ;nustdirectly connect to wiring that is integrated into the building stricture or buried underground;. no.cables.or extension cords should.run over The ground or up the side of a structure. to powex.a sign. 19.5.4 Maintenance Standards. All signs shall be maintained in accordance with the following A) The property owner or tenant shall maintain the sign in a condition appropriate to the intended use. B) Signs shall advertise or identify a legalbusiness or .other activity currently taking place, or which will take Place. in the near future, within the:City of Gem Lake. Obsoletesigns shall be -removed by the property owner within a reasonable t ui ne, no longer than two months,. after the sign becomes obsolete. A. property owner: or tenant may apply to the .City Council for exemption if the sign removal will be. unduly difficult to achieve (example. the sign.is:part of the. building :structure). Q Signsshall be: maintained in a safe, presentable and good stmctti6i condition at all times, including the replacement of defective parts, cleaning and other items required for the upkeep of the. sign. There shall be.: no accumulation of rubbish.or debris; or uncontrolled vegetation, under:or.:near any sign. Section. l9.G. Definitions. 'I4 def.Pitians used in this section are now listed in Appendix.A of The Consolidated Land Use Ordinance, Scctionrl9_7; SeYerability. S dicti any cv�fi k'fifcairipe t: '1'such sziyd'efastosi.shall hereof ri , ex. than the eld tinvalid. in Updated June 5, 2017 Gertz Lake Consolidated Land Use drdinatzce —Page 105 SECTION-20 .OFF STREET PARIKIN.G AREAS Section 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.establishing ti x mum requirements for.off.street parking in accordance with the utilization ❑fvarious 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 accompanied by a site plan drawn to scale and dir neasion indicating the location of off- streetpat king spaces .in compliance with the following requirements. Section 20.3 General Provisions. 20.3.1 Existing off-street parking. spaces and loading spaces upon the effective date of. this Ordinance shall not be reduced i4mumber unless said number exceeds the requirement set forth herein for a similar new use. 2.0.3.2 Should. a building, strrucuuxe. or use inexistence upon the effective date of -this Ordiinance be damaged or destroyed by fire .ot other cause, it .may be re=established. except that. in doing so any off-street parkingor 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, theparking. or loading spaces shall be enlarged accordingly. :2:vtiR•b�y-9 }i:.. ,�.x- s,i�_ - �;.2,: 5_ r ea -Theterm `F3ove~Areal shall rniean �'`„sum of all f!p x areas-fri`a t'dl g s` culat rl dram the nenswns of c;'3iuilding: Its riot inclu axeas==used rimaril for rion- ublic ore ,such as storage,repofftce Uading min or fietian =;toilets, a crest rootris, utilities; or dressing;. fitting: or =,; 4CC4'' . - - - - � '00ms 3.4 Parking paces - ach pazking;space shall:; . e °Hint fess`'tlar:.nirie 9')a feet wide and : riventy. (2a, feet. in length hcive nF a ' arlern7ate v designed 5vs m:of access driveS. 2'b' rase of Parking.Facilides - Off street parkiug.facilities:accessory to residential. zse shall be utilized solely for the parking or•passenger:autotiaobiles :and/or one truck not to exceed one and one-half (1 1/2) ton -capacity for each dwelling unit except by Conditional or Irnterim Use Permit. Required parking facilities accessory.to residential structures shall not. be. used -for the storage of commercial vehicles or for the parking of automobiles belonging to. the employees, owners, tenants or customers of business or manufacturing establishments :except by Conditional or...Inte.rim Use Permit. Required parking facilities accessory to residential structures shall not be used for the storage. or repair of.commercial vehicles. 20.3.6 Required off-street parking space in the Resident .W.Districts shall be on thesame lot: as .the principal building: 20.3.7 Joint Parking. Facilities.- Off street parking facilities for a coiinbinatiomof`mixed buiidings,. structures or uses. may be provided. collectively in. any "district" in which separate parking facilities for each separate building, structure or use would berequired, provided that number of spaces providedshall equal .to sum of the separate requirements of each. use_ 20.3.8 Use of Parking Area -- Required off. -street parking space in any District shall not be utilized for open storage Of goods or for the .storage of vehicles which are inoperable or for sale or rent, Section 20.4 Design and Maintenance of off -Street. Parking.Areas. 20.4.1 Parking Areas - shall be designed so as to provide adequate ineans of access to a public aIley or street. Such driveway access shall not exceed twenty-two (22') feet:in width and -Shall be so located as to. cause the least interferenc with traffic movement: UpdatedJune 5, 2017 Gem -Lake Consolidated Laid Use Ordinance —Page 106 20.4.2 Calculating Space - When calculating the number of off-street parking.,spaces..resujts in:a. fraction, each £radian of one-half.('/z) or more shall constitute another space. One .parking space shall:equal three -hundred �300-. s:f} square q feet or: parking and moving area. 20.4.3 Signs - No signs sliall be located in any panting area.except.as.necessary for orderly operation of traffic movement. 20.4.4 Surfacing - All of the area intended to be utilized for parking space and driveways shallbe sutfaced:ivith a triaterial to. control dust and drainage. Parking area for less than three (3) vehicle spaces. shall be exempt. Plans for surfacing and drainage shall be.subject to approval of the City Council. .20.4.5 lighting - Any iighting.used to iliuniinate an off-street parking area shall be so arranged as to reflect the light away from. the adjoining property,. and shall, comply with Section 18.8. 20.4.6 Curbing and Landscaping - All. open off-street areas designed to. have head -in parking alozig the property line shallprovide a bumper curb not less than three. (Y) feet from the. side property line. or. guard of normal bumper height no. less than. one. (V) foot from the side property line. When said. area is for six.(6) spaces or more, a curb or fence not over six (0) feet in height shall be: erected along the front yard set -back line wide. grass or planting.occupying the space between the. sidewalk and curb or Fence. .20.4.7 Fencing and..screeiiing'for Off -Street Parking.- When :a.required.off stteetparking space is placed directly adjacent to a residence. or residential district, a sLx(G) foot high fence shall be erected along the residential property line.. Screen. planting may also be required. [] 48M`]ylaiixeriance of f=5treet.Parking. Spaces -Its all;the -be joint a d seueral reTonsil of;the-o erator and. 97iler6 " r1IIGl�le g : s ;v.:s e tides ando"'liiildin tp.maiut ' �n a neat an ;ode ttatiuxn er' 'e" ''i±eccess JFv s lands t and: r fired fences: i=f ` M'y f Sectionv1Qs5.Re uired O £ Street Parkin' =" hail= e. f L .wr.•:;.�..a$ 011ows:'F•:e=F AgLM` :a.Fr 25casf orie. {1}k�ng space p ^each: welling unit, plus one (1) additional .parking space .for eael tivo (2} r ;others acco odated ;;garage will fit 13 #lii ""` s eclutrement. However a buiidxug permit shall r, ._:...,.:. ..fi na':e ganted'o: coiiv `a garage to li `'s aceunless ather;acc' fool "'revisions are made to pro' the required. 20.5.2 Two-F*nily Dwelling - At least one (2) parking space. per dwelling unit, but not more than two (2) per unit. 20.5:3 Boarding and Rooming Houses L At least two (2) parking. spaces for each three (3) persons for which accommodations are provided for sleeping: 20.5.4 Multiple Dwelling - At least one (1) parking space per dwelling unit plus one (1) additional space for each four (4) two -bedroom units and one (1) additional space: for each two (2) three -bedroom units.. Updated June 5, 2017 Gem Lake Consolidated ,laird Use. Ordinance—Page.107 SECTION 21- REGULATION OF GEM LAKE WATERS, WETLAND$. AND SHORELANDS Sectivn:21.1 General. Provisions; 21.1.1 Shoreland District The land use regulations in this Section shall apply to any land in the. City .of Gem Lake located within a floodplain, within 1,000 feet of the ordinary high watermark of a:public water or puWlc waters;wedand, including but not limited to the. body of water known as Gem Lake and its attendant wetlands; or within 300 feet oi' a stream or river. The regulations of this Section.shall apply in addition to the provisions of the Toning district applicable to the property, .the Flood Hazard. ordinance of the city (No. 114), and otherordinances of the City. 21.1.2 Wetland Conservation Act The City of Gem Lake.has delegated its authority, under the Minnesota Wetland ConservationAct.of 1991 and attendant. rules to the Vadnais Lake. Area. Watershed Management Association (VLAWMO): All requests for: permits, review or. appmval.required by. the Wetland Conservation Act must be submitted to VLt1WMO as .the acting Local Government. Unit. 21.1.3 Applied in Concert with Other Law These regulations. and requirements shall be in addition to those imposed by 1,ederal:and State. law, regional and local water management regulations, and city ordinances, all of which shall jointly apply: Under joint application, the most rrct►iriiCr�reoiifYP_iil�clt5 shag,-Ant)lv'21,2,Shoreland.Use C-ontrols. 'Sectioq112 Policy 1.Policy :tat land st'h le shorelines<<and .stzeaml?'anksSS' 'rovs` raluab e 'Eunetions to Gem Lake 'aud. other water `'o£erasiop; reinforcerrzeeof sail ` tlirough root.structuse, tra pang v£nutrienis i the;City uirl ding preveritid. ,_ •... Tits; and prvsZon ofsh.an ,r; e kabitat..Gezn I akes a ¢,,�atuxal Envizpnment lal�eier the criteria .y-m by the Department of Natural. Resources. 21.2.2 Minimum Lot Size and Setback Requirements All lots created and structures erected in a shoreland district following the enactment of .this Section must meet the criteria established in the underlying zoning district..No variancc:shallbe.granted, or. other approval given, which allows the creation of a lot in a shoreland district that is less than 90,000 square feet.in area .(measured above the.ordinary high water mark of the water body), or less than 200 feet in width. No structure, otherthan water -oriented accessory structures managed .by this Section, shall be placed within 150: feet. of the ordinary .high water maxk of the water body. The maximum lot coverage bybuildings and impervious surfaces is 25%. 21.2.3 Accessory Structures. and Facilities All accessory structures and. facilities, excep..tthose. that are water -oriented,: must meet or. exceed structuresetback standards. If allowed by local governmcntcontrols, eachresidential lot may have one watex-oriented accessory structure or facility located closer to public waters: than the. -structure set back.if all of the following standards are Met. A) The. structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than.250 square -feet, Detached decks 'must not exceed eight feet above grade at any point. S) The setback of the stricture or facility from the ordinary high water level must be at.. least ten feet. q The .structure or facility must be treated to reduce visibility as viewed from public waters and adjacent. shorelands by vegetation, topography, increasedsetbacks, color, or other means acceptable. to the local. unit of government, assuming summer, leaf -on conditions. Updated June.5,.2017 Gem Lake Consolidated. Land Use Ordinance -Page 108 D} The roof may be used. as. a deck with safety rails,:but.mustrnt be enclosed or used as a..storage area.. E} The structure or facility :must not be designed or used £or human habitation and. roust not contain water supply -or sewage treatment.faailities. F} Any accessory strictures or.facilities. not meeting the: above criteria,: of any additional accessory structures or facilities must meet or exceed structure setback. standards. 21.2.4 Stairways, lifts, and landings. Stairways and lifts.are the preferred alternative to.majoz topographic alterations for achieving access up and down blufEs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements. A} Stairways and lifts must riot exceed four feet i_n: width.. B} Landings for stairways and lifts must not exceed 32.square. feet in area.. C} Canopies or roofs are not. allowed on stairways, lifts,:or landings.: D. Stairways,. lifts, and landings may be either constructed .above .the ground on posts or pilings, or placed.into the ground, provided -they are designed..and built lit a manner that ensures control of soil erosion. E} Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surfac �fthe^publtc water assuming s m,,,er, leaf -on cpnditiou6, vv ieneve pxactiGai: F; ;;u .F) ramps, lifts U mobility a ..`'for persons th physical. disabilities ar aTso allowed for shore areas ;provided t1atlie ensional. "'''sl performance standardof �a) to �e} -are 2:5. Deck kept as 7Epra?viiied. iri 4`` coon 21.2.3 �di cksusEmeet the s""y"elute setback. standards. I?ecks to be.added struciUres xrstin on a date.the s '.0 el rid stn `:" o f ` g setbacks .ere es bushed by ordinance may b'allowed without ax3ance'=a all of the f ilvwing arteria `'cl'stanilaxds are met. - A} thorough evaluation of theproperty and structure reveals no reasonable location for a deck -meeting. or exceeding the existing ordinary high water level setback of the. structure; B} the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure .frorn the ordinary high water levelor does not encroach closer than 30 feet, whichever is morerestrictive; and C). the deck is constructed primarily of wood, and is. not roofed or screened 21.2.6 Driveways and parking areas. Driveways and parking areas must meet all applicable structure: setbaeks; :and must be:designed to take advantage of natural vegetation and topography to achieve maximum screening.from view from the water body. Access. ramps and. approach roads arc not allowed:' the structure: setback area surrounding Gem Lake.. 21.2:7 Shoreline alteration, Alterations of vegetation and topography in a shoreland district is controlled to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic.values, prevent bank slumping, and protectwildlife habitat. A} Removal or alteration of vegetation is:lirnited'to the amount necessary to construct an approved structure, and to maintain the health. of the vegetation, provided that no such removal or. alteration shall substantially reduce the screening; of structures, vehicles and other facilities as viewed frotxt the water. This. provision .shall not restrict the removal of trees, limbs or branches that are dead, diseased, or pose safetyhazards, or the removal of buck -thorn. and similar. invasive spedes identified. by the Minnesota. Department of Natural Resources. Updated June 5,.2017 Gem Line Consolidated Land Use Ordinihice---Page.109 } Any application for newconstruction in a shoreland district must include a Tree and Vegetation Preservation. Ilan which, in. addition to the. requirements of Ordinance No. 66, includes an inventory of all vegetation affected by the constriction. and a:plan for preservation, -relocation, .or: replacement .of the vegetation. C) Um of fertilizer and:pesticides:in a shoreland district must be done in such a way as to minimize runoff into. the water body. D) No.grading, filling, -or other topographical alteration shall be allowed within 50 .feet of the ordinary<hugh water mark of the.water body; with the exception that the Toning Administrator may approve the installation of clean beach-typesand. in this area,:in accordance with DNR regulations, after review of an installation plan. E) Any grading or filling. anywhere else in a shoreland area involving movement of more than 50 cubic yards of material requires .a:grading.and filling permit. If the grading.or filling is to .take place in a wet and, VLAVIMD review -and appiovatlnustbe.obtainedbefore.the City can issue a permit. In addition to any other•requixetnents, grading artd filling activity.iri shordand areas must also .meet the following: criteria: 1) Alterations. must be designed .and conducted. in a manner. that ensures only the. smallest amount of bare ground is exposed for the shortest time.possible. 2} Mulches.or similar water" must be used, where necessary, for temporary bare soil coverage, and a permanent.vegetation cover must be established as soon as possible. 3) Methods to'mistixnize sail erosion and to trap sediments.before they reach any surface -water feature must �:w� ... F.::::::: t `dareas mustbfabiltzed to cue Eagle erosion co ged as an altnative to. eer "stabilizatis �vlietiieres,nti'adEquate stal�lixation fettiative. Fill 4*caves 6) Any halt'6rations hero ' t e a y HO. Department of Natural Resources. 21.2.8 NonconfornAiiiguses. standards. The use £rbioengineding iques.. Retaining w s''`are to be used that creates an.unsta water Body must beLapproved by the In addition to the regulations of this ordinance applicable. to nonconforn ing uses generally, in a Shoreland district the following shall apply: A) An. extension; et-dargement or alteration of an existing lawful non-conforn ing. structure or facility maybe permitted on the side.of the. structure :or facility'facing away from the. water body. B) An improvement -to .anexisting lawful:non-conforming structure or facility may be allowed to extend parallel to the shoreline when the .improvement is otherwise in compliance. with .the dimensional and setback requirements of.this Ordinance. C) Exterior decks attached to = existing. lawful non -conforming structure which do not extend any roof or foundation rr�ay be pefmitted. to extend parallel to the "shoreline and shall be constructed to be. visually inconspicuous when viewed from the water (under summer leaf -.on conditions). D) Reconstruction of an existing historic structure, any appurtenances thereto,. and. the grounds shallbe.. allowed to preserve its historic character f the structure or site.is'recognized asa histaric..site: on the National Register of Hsstoric.Places. Section 21.3. Use of Gem Lake- 21.3.1 No Motorized. Use. Updated June 5, 2017 Gent Lake Consolidated Land Use Ordinance. —Page 11.0 Gerd Lake .shall .not be used by any motorized craft or traffic :including, but not limited to;. motori: ed boats, snowmobiles, all -terrain. vehicles (ATVs) excluding equipment used for cleaning,. plowing snow or other occasional maintenatiee uses. 213.2 No Wet Storage of Boats.. Boats shall not be moored in Gem Lake for more than forty-eight (40) hours at anyone time. Regular storage of boats shall be on the shore of and not in Gem Lake with same properly secured and stored out :of view from neighboring. properties: and Gem Lake while.not in use, 21.3.3 Docks. A) Docks are seasonal. and temporaryin nature and, therefore, shall not he permanently affixedto the shore ox lake .bottom.. of Gem Lake. B) Docks shall not be greater than four (4'0") feetin width, two (2V) feet 'in. height above the -water and twenty, (20'01'} feet:iq length from the lake shore. C) Docks shall not be covered with any roof structure, awnings:or any other type of enclosure: D). Only one (1) dock shall be allowed for each parcel of real .property adjoining the waterline. 21.3.4 Swi u ng Rafts. temporary nature and. shall not ex e'd&one r..tharfiithe p£er surf shall .hotbe ocated i shall.not be covered (.1 a roof squarj"feet is total area, and shall feet froixi .the lakeshore. or any other type of 11) Only one .(1) raft -shall be allowed .for each:parcel ofreal.property adjoining the waterline. the more than ure. F) Swimming rafts shall not be .moored in Gem Lake for more than forty eight (48) . hours at: any one time. Regular storage .of swimming rafts shall be on the .shore,. properly secured and stored out of view .fir❑m the water and from neighboring properties. 21.3.5 Water Appropriation_. No person shall.appropriate water from Gem, Lake without..first.ohtaining a permit: from VLAWMO. Updated .Tune 5, 201.7 Gem Lake. Consolidated Land Use. Ordh2ance - Page 713 SECTION 22 - SOIL EROSION. CONTROL AND STORM WATER MANAGEMENT Smti6n.211 Erosion and'Sedi rent Control. 22.1.1 policy Statement. It is. the.policy of the C.ity:of Gem Lake to xequire the.preparation and implementation of.erosion-and scdimcnt control plans to .control.runof . and erosion, to retain or control sediment on land during land disturbing activities, and to prevent the degradation -of resources and the loss or damage of property due to erosion and sedimentation. 22.1.2. Regulation. No person :shall. commence land. disturbing.acdvities; .unless granted a variance, without first obtaiiiitig a permit from the City that incorporates .and approves an erosion and. sediment control. plan foi the activity; development or redevelopment. The. proposed activity viill notresult in: an increase m sediment off the site during construction and post-CoMtruction activities and be in confonnance wifh the MPCA General Permit Construction for Activities, and as amended. 22,1.3 Criteria: Erosion and sediment control plans and the. land..distuibing activity shall comply with .the following criteria: A) Erasion and sediment control measures shall beconsistent with BMPs, and -shall be.sufficient to retain. sediment .on -site. ,F .r ..a • •r=l�. :g.• •b { '''irTi • `uthori�ation to. B %oston and .sediiiienf co of measures. s feet the. stand forYc G'e eral ex LDI.se gel.4. 5to `"water Assoctat± d : With C tt `""' n Activi under the National Po�tarit Discharge :: `' tate Di os�al - t MNRl000dl DES General Elimination. S e`in�5 s 5yste�mpermttd4 Progr ;''exxni {1•TI'w: $u. ' t 'u "': , �.:., m ded• exce t Cons hqn P "thle Mnnes to Pollutton Control: ``en' ,.Atz$i st 1 2Qo8,.as en p . where o e spe . Nc requir4m is are prov4 in_ arag3aphs 3'and 3�d) of this Section he�ow: C . Tlie "'eirnitte or a licant: ust ensure; rx9 stabilizatt " f th site in accordance with the y -DES .General �:.: pp ., Construction T'exmit requirements, li site. will be cons erect ashaving achieved final s.tabilttiation. Following zz.submission. of Notice of Termination by the .permittee orapplicant, and. inspection and :approval.by.the City. D) All. on -site stormwater conveyance channels shall be designed -and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 22.1.4 Exception. No permit or erosion control plan shall .be required .under. this Section for the following land disturbing activities: A) Minor. landdisturbing activities. such as home gardens; repairs .and. maintenance work. B] Construction, installation and maintenance of individual sewage treatment systems (1STS) other than those on steep slopes, on riparian lots within a .5horeland. District or in a bluff impact zone.. C) Installation of any fence, sign, telephone or electric.p.oles; or other kinds of posts or. poles. D) Emergency activity necessary to protect life or prevent substantial harm to persons or property; E) Minor wetlandimpacts that:have received a "certificate of exemption or'no loss" determinationby the LGU. (VL WMO .-or RWMWD) adminlsteiing the Minnesota. Wetland Conservation Act .of:1091, as.ainended. 1 } All maintenance, repair, resurfacing and reconditioning activities of existing road, .bridge, and highway systezis which .do not .involve land disturbing activities outside of the existing surfaced .roadway. All land( disturbing activities not:rcquired by this Section to obtain.a pemiit or'have'an approved erosion and sediment(. control plan shall nevertheless.be conductedin full. compliance with. dib Section. Updated June 5, 2017 Gem Lake Consolidated Land Use Ordinance —Page 112 Section.22.2 Stormwater.Managernent; 2221.Policy Statement. It is the policy of the City -to. A) Manage new development and drainage alternations by requiring each development or land disturbing activity to mariage:its storrnwatet effectively, either on or off -site: B) Promote and encourage a reduction in runoff rates, encourage .infiltration and promote groundwater recharge. C) Ma_ximi2e.groundwater recharge as a means of:xnaintaining drinking. water supplies, preserving base flows in streams, and limiting discharges of stormwater to downstream receiving waters. D) Assure that property owners control the rate. and volume: of stormwater .runoff originating from their property. so that surface water and .groundwater quantity, and quality is: protected. or improved; soil erosion is minimized, and flooding potential is reduced. R) Protect and improve natural resources within the watershed to prevent further degradation. 22.2.2 Regulation A) Rate Control. The proposed activity will not increase the peak stormw. ater runoff rate from the site, under pre -development conditions; for anything less than. a. 24-hour precipitation event with. a :return frequency of 1:-: oz_2r .1 fl- and 1 .q3��„ears7n--,gplicant. must co ply. with the re q . emertts Of #}ie_ G 's%- cneraEP.ermit for . ;w•,tyr.,, _ .'z•.:•:c�=fir. wr, c t� ;�� =�';Fi:_i".2f ::ts.:y -F .•�-`:�'=�.'.�".-,"�=5 �-='%.Yzs ir:•i{:`�;s;'.-.,�.X C50 f cuon A tivtttes. ._ ,. B) Voluu e Co ."al. 5tormwateJ7--offrxvolu reten- n shall b s ieved onsite in the amoi''T t equivalent to the rt�n `ffgeri ecl''fiom°:oahalf inch off tY the. im .„eryxous;; "urfaces of the .development ar as ;under eatl n`8 ;V 1_;; 5:- p v d' o trine contr l �iiits,canzbe used: eontrvl up to one-half 0 zncla of runoff s....:.. ) as descril'ed: un • er�5ection 2�:2:5: �`-:;� :;:.stet u ;= tormwater mahaemt must comply vith thel'e"quirements of the.MPCA &General Permit. for Construction Activities and guidelines set .foxth in total maximum daily load. studies. and sustainable lake management plans. No direct (untreated) discharges of: storrawatex. to natural or improved waterbodies ate allowed. D) : Waste Disposal to Waters -. Stormwater management must not result in: the discharge of..any regulated. substance, hazardous or biological waste; or petroleum product, whether treated or untreated, .to best management practice devices that may have a deleterious effect upon water of . the state (surface. and groundwater), unless the :discharge is in compliance: with Federal, State and local regulations. 22.2.3 Criteria. Stormwater management plans shall comply with: the following criteria: A). A hydrograph method based. on sound hydrologic theory will be used. to analyze runoff for the design or analysis of flows and water levels.. B) .Runoff rates for the -proposed activities, development or redevelopment within the watershed shall: 1) Not exceed existing.runoff rates for the 1 or 2-year, 10-year and 100-year critical duration. storm euents; 2) Not accelerate on or off -site. water courseerosion, downstream. nuisance, flooding or damage .as demonstrated by the. applicant; and. 3). Runoff rates may be restricted to less than the existing rates. when necessary for the protection .of public health; safety and .general welfare. Updated June 5, 2017 Gern.Lake Consolidated Land Use Ordinance —Page 113 C) &otmwater facilities must..provide: 1, An.identifiied overflow spillway and downstteam.route sufficiently stabilized to convey :a 100-year critical. storm event; 2. Pond outlets designed to:prevent short circuiting of the flow from pond inputs to the outlet; I A minimum depth :for ponds of three (3) feet and. conform to the design specifications of the Stormwater Manual 2005. 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. 17) Regional ponds and practices can be used to .providefor stormwater management based on the following criteria: 1. Regional. ponds are. required to be designed based on ultimate Conditions for the contributing subwatershed. 2-114anal ponds:are required to be constructed and operational prior to constructing imperviousness within.the contributing drainage area. of all Besp, eut Practices..(B s);wiii be ( ,.,. �, as amended' and: t1ie=Nfi':CA .G.ei�ezai ermit for C. F} Wheu;;using uxfiltration for l a ce control tnfil " fiiort volumes, and facility'sizes sliall be Mculated using ^il p._ 1, f, tratiri the the..a a= riate :yd olo�al soil g oup clas. & tion ad infiltratibrira e;=an `s£ "all be capable ofinfd g e al Crmtt for.Consttu require ;alum `=ut�ain7Z 3i`aurs or: as spec�fted:in the'GA.G ez cti n_Activities. w•t. �"+-g c. inEiltratabri''ca a :,of a cox�strueted BME ;under ost-develo rriezx E.`:: cariditions the G)eyaluatlii 5 =''tlz ,,.p 41ty> _ p 1? ::,;.,, Itflltsation rate in`the Minneso Sfo water Manual slbe used. Select the design infiltration based on the least permeable soil horizon within the first five (5) feet below the bottom elevation .of the proposed inflttatiot facility... Site-specific.infiltration measurements completed by a licensedprofessional (as described in the Minnesota S.tormwatex Manual, November 2005, and as amended) may be used in place. of the values in the Minnesota Stormwater Manual, and as approved by thc.City. H) All stormwater retention practices .designed to 'meet the volume control regulation must provide Pretreatment of stormwater nmoff prior to infiltrating into the groundwater system or :discharging downstream. Pretreatment.methods must comply with the Minnesota Stormwater Manual, 2005, and as amended, for the proposed practice. All hlgbly recommended and recommended. design. criteria. nustbe met, unless specifically waived by the Technical Commission of VLAWMO or .the.Rarimsey=Waslungton.Metro Watershed District (RWMWB),:as appropriate. 1) To the maximum extent practicable, volume control shall. b:e. fully met onsite (Section 2, Subsection 2b).. Site conditions.may make,infiltration undesirable or impossible. The applicant:imuwmake soil. corrections and/or investigate other locations on.the site.fox feasible infiltration locations. Infiltration practices.are not allowed: 1. Fox runoff frorn:fueling and vehicle maintenance areas; 2. Within hydrologic.soil.group D type soils; .3, Within some Wellhead. Protection Areas (Review Wellhead Protection flans for additional.. guidance);. 4.. Within 50 feetof a septic: tankor drain field; ir7pdated.Iune.5, 2017 Gem Lake Consolidated Land Use Ordinance —Page 114 5. On areas with less than three (3) .feet vertical separation from the bottom of the infiltration system to .the elevation of seasonal'liigh groundwater. or Cap of bedrock. If the applicant claims that infiltrationis not feasible or. allowed onsite, the applicant must provide: supporting. documentation and follow Section :2,. Stibsection 4. 22.2.4 Alternative Compliance Sequencing. For sites where infiltration practices are detemi.ined infeasible as described in Section 22.2.30, the following Alternative Compliance. Sequencing steps shall be taken in the order shown: A) .Use of alternative volume control practices .as described in the' Mirinesota.Stormwater Manual, 2005, and as amended, sized according to. Section..22:2.2(b). B). Use of on -site filtration.practii es and biofiltration using a.ft impermeable.liner:and under drain, si�e.d to. filter a volume of runoff according to Section 22.2.2(b). C} Use of of£=site volume control practices sized according to Section. 22.2.2(b). Off -site volume control practices can be used to provide for stormwater management based on the following criteria: 1. Off-sitepractices.shall be. constructed within the'same.drainage area or submwatershed as the project site. 5 Volume A) V 2. Off -site practices are required to be constructed and operational prior to constructing imperviousness within: the contributing drainage area. ofwet s conEtcal credits .mu Stormwater Nfanual, ized.per the stan a;d described v; t stiuction Acti s �2008, and g. be awarde '^ wf:;,• a S. es . cxibe[�s•T�n tile. S keYdeteriniiued based ore 2005, and as amended, for the.A 2005, and as X "' s outlined within C. iter 11. of .the Water Quality Volume.. 1.. The water .quality volume (WQV) shall be calculated by multiplying one (1) inch of runoff over the. proposed impervious surface: 2.. Applied credits cannot exceed a WQV greater than 1 /2 inch of runoff over the proposed impervious area. 3: All recommended and highly recommended conditions. must. be met,.unless'specifically waived by 'VL.AWM0 staff and the Technical Commission. 4. For Drainage to Stream, Wetland,.or Shoreland Buffer -Credits, the credits.will apply to areas outside of the mirvsnum buffer requirementas prescribed within these Policies. S. Grass Channel Credits. can be: applied to. the roadway portion of the. proposed site when grass channels have been designed with water duality adaptations such as water quality berms. 2226 Maintenance and.Easement. A} Stormwater management easements shallbe provided by the applicant for (1) access for.facility inspections.. and maintenance and (2) preservation of stormwater runoff conveyance, infiltration, .and. detention. areas and facilities, including the overflow routc. Updated.Jum S, 2017 Geni Lake Cvnsolidated.L.and Use Ordinance —.Page m B) Land used by stormwater management facilities shall.be preserved. by dedication and/or perpetual easement to rile. City, when required by the City: These:easements shall. cover those portions of the property which are adjacent to .the facility and whicli lie below. the 100-7ear flood elevation. C) A maintenance agreement shall` be recorded with tile• County as part of the City development approval.. Process. Minimam requirementsfor the. maintenance agreement include: 1. A list of the responsible party(s) (City and facility .owner/manager); 2. Contact information; 3. A formalizedmaintenance schedule; with scheduled activities; 44. A "failure to. Perform" provision laying out remedial actions if the responsible party does not perform as expected; 5: Maintenance debris- handling plans; and. G. Emergency response (environmental, spill, safety). D) Maintenance is required for all stormwater practices constructed in compliance with. these Policies. The City will conduct periodic. inspection of storrawater practices: A minimum: of 20% of all stormwater facilities :shall be inspected annually by the City. The City .shall provide to the VLAWMO annual inspection.. reports. detailing inspection acti jtes,=and=pr.:.o.of,of raintenance: 7,h d.re reuire , is public[ laud or s publicright-of-way,` e'aseracrits raider E) WlZei�land u sedibystormwateic�Manageme ties p [ • •T. p this sec "oas will adt be re aired,. aril a. Wrist"r a event. hetweenthe: City and`a licant m `'lie executed in q i . gr . t9 . PP Y° C •.•:a eetraent.:"••,: w�•-i lieu of t `erecoxde'na]it icnat� e br.,.: 1 �. Updated June 5; 2017 Gen: Labs Consolidated .Land Use Ordinance —Page 116. SECTION 23 - BROADCAST/TELECOMMUNICATIONS TOWER AND ANTENNAS Section 23.1 Purpose and Intent 23.1.1 The purpose of this. section is to cstaUsh. predictable standards for siting and :installing of wireless telephone, radio broadcast; television broadcast and.communications antenna. towers or supporting structures within the City of Gem Lake. It is the intent of this section to accommodate the communications needed of the residents and businesses while protecting .the public health, safety and general welfare of the community, 23.12 Specifically, the City Council finds .theregulations set.fai h in this .section. necessary :to: Aj Facilitatexhe provisions for wireless telecommunication -services to the residents and. businesses of the City. B) Restrict the location of towers and: antennas. to: designated areas...of the.. City and. impose design standards to minimize adverse visual effects of towers and antennas. Q Require evidence. of structural integrity and impose setback requirements to avoid potential damage. to adjacent:properties from tower or antenna failure. D) Require applicants for towers. and antennato prove their need. and to. apply for permits for their construction. E) :Maximize the use. of existing.and: approved -towers and buildings to accommodate new antennas and reduce the:,numberof towers neededAo_serve the community_ � Ir_�5n 1 1M; 1=. Zoning 2.1. The «G» of :cast/ 23.2.2.The followiiig.2oning districts shall not be used forcommercial broadcast/telecommunications tower antenna sites. in the City.of Gem Lake: A) Any "RE," "RY,7 rRO," or "RS" District B) Any Overlay district Section 23.3 Performance Standards 23:3.1 All stand-alone tower or antennas and/or supporting. structures must be of an enclosed.monopole design. No monopoles with exposed. antennas and other appendages are allowed. 2332 A proposal for a. new tower shall. not be approved unless the. City Council .finds that the Broadcast/ telecommunications equipment:planned for the proposed tower cannot be accommodated on an. existing: or.approved tower or building within a one. (1) mile.search radius. of the proposed tower due to one of the following:zeasons: A) The planned equipment would exceed the structural capacity of the existing or approved tower or building as dommented.bya qualified and licensed professional engineer; and the existing or approved tower cannot be. reinforced, modified or replaced to accommodate: planned or equivalent equipment at reasonable cost. A} The planned equipment would cause interference materially impacting the usability of other existing or planned equipment. at the tower or building as documented by a qualified and licensed. professional engineer and the.interference cannot be. prevented at a reasonable cost.. Updated June.5, 2017 Gem.Lake Consolidated Land Use Ordinance —Page 117 C) Existing .or approved towers and buildings within the search radius cannot accommodate the planned. equipment at.a height necessaryto function reasonablyAs documented by a qualified.and licensed. professional engineer. D) Other unforeseen reasons that snake it infeasible to locate the planned. telecommunications equipment upon an existing or approved tower or building. 23.33 Any proposed: commercial wireless telecommunications service tower shall be designed structurally, electrically and.in all respects. to accommodate both the applicant's antennas and.c.omparable antennas for.at least two (2).additional users of the.tower is over one hundred (1D0' . feet in height or fox at leaser one additional user if the tower is over sixty (G.Q'} feet in height Towers must be designed to allow for .future rearrangement of antennas upon the. tower .and to accept antennas mounted at varying. heights: 23.3.4: Structural design; mounting; and. installation of any tower or antenna shall be in compliance with the manufacturer's specification and as may be necessary or. as determined by the City .Cound..All such designs and installations shall be verified and approved: by a qualified and licensed professional engineer employed by the. applicant 23.3.5 All towers and antennas and related structures shall he designed and. built in compliance with all City of Gem Lake building codes and electrical code .requirements, and .as applicable shall require permits. Existing towers. may continue in use but may not be structurally altered. 23.3.E The height and style: of the tower and antenna. shall be. the minimum necessary to function satisfactoYily, as verified by a communications engineer orotherappropriate professional However, no towers erected for broadcast or Teieconiamunications searvlce, shall exceed _ 180 feet and no trnver and acco�,npanyang antenna shall exceed; tu*athundied ?3,:3.7 All obso `"teA.and "used. towers d Rntennas all bej°�' emoved wi six (G} months of cessa 'ori ox operation .:... e+'.-•i�:'`31 iy i i ' .... aithe site, .unlesssri exerri _tii3n'isgranted by the Ci aunctl..The Cityr'sevestlieg1it to remove anyrunused tower �7 ,..:.,.:._._ ar: antenna at its alien baclrK arge .the proprxi 7;oW ieE :recover costs. °':<`'= 23.3.8 Damarl'eistin toyvers and ant as may,b`e rebuilt t6 `esame physical dimensions and :at tile' same location. Rz aars and e73uildin shall'be cam fete tux aeA(1}year .after r " avttig•<tl e buildingpermit from the .City. However, if the tower is destroyed due to any reason or cause whatsoever; so that.repairs would be forty (401/o) percent or more of a new tower, then the. tower may not be -repaired or restored except in full compliance with this Ordinance. 23.3:9 No advertisingmessage shall. be. affixed to any tower and. or antenna structure. 233.10 No tower or antenna .shall be illuminated by artificial means and .must not display strobe lights, unless such lighting:is rcquired•by the.. Federal.Aviation Administration, or other federal or state: authority for that. particular tower. When incorporated: into the approved design, the tower may support. light fixtures used toilluminate.parhJng lights, ball fields, or similar areas. 23,111 Towers and antennas must. be designed to blend into the surrounding environment through use .of color. and camouflaging architectural treatment, .except in instances whexe.color is dictated by.federat,or state authorities such as the Federal Aviation Administration. Antenna support structures shall be painted light blue, gray, or silver or.have a galvanized fuush to reduce visual. impact. 23:3.12 Towers located closer to a property line than the distance .equal to the tat 6 height of the tower shall.be designed and engineered to collapse progressively within the distance between the. tower and property line.. The applicant for any tower shall submit written documentation explaining tower construction and possible failure and provide assurance that. blowing or. Falling ice from tower antenna can be contained. on the subject property. At a minimum, the tower shall Comply with the minimum setback.requixement of the Zoning Districtin which.it.is located. 23.3.13.A. tower shall be. located on a parcel of land. so as to have the least impact on adjoining properties and any negative impact. of the :tower shall be. confined onto the property on which it: is located, to the greatest extent possible. Updated June.. 4017 Gein.Lake Consolidated.Land Use_Ordinance -- Page 1.18 23.3.14 The tower location shallprovide the maximum amount of screening for. off -site views. of the tower and/or antenna and related structure. Existing on site vegetation shall be preserved to the maximum. ..extent.possible. 233.15 All utiliry.buildings, structures,. and equipment accessory to the tower or antenna.must he architecturally designed to blend in with surroundingenvironment and must meet the minimum design. requirements of the Zoning District in which they are .located. 23.3,14 NNo:change in the use or.ownership of an.approved tower or -antenna -may be made without the written consent of the City Council. 21.117 Co -location of antennas upon overhead power line poles: or street light poles is encouraged provide the said antenna. meets all. applicable federal.state spacing requirements -and inference regulation. Section 23.4 Proof. of Non -Interference 73A 1 Each. applicatio:m for construction. of a commercialBroadcast or Wireless telecommunication facility shall include either a. certified statement that the construction of the tower/antenna., including seception.and -transmission functions, will not interfere with .the radio, television, or other service enjoyed by adjacent residential .and non-residential properties. If interference is. found after the facility has been. built has been erected, the applicant has to solve any, problems his.equipment has caused; at his cost. Section 23.5 Tower Setbacks G Permit re.adjacent parceis;are zoned. for commercial industrial use e#harks equivale t to ore established for � E;•%,; r:;l: k=. ��'.c'?:.��.• . Fes. ^%1. ; • :._r.=:; � ,stxuct i:e .S ''` " ... ]T vl[lf n�F ..;4 4 'lid o for. asajj tvtveaterina. Setbac °,yequal'-tv'-the :}zeilit'°f-`t`j%e owes shall be Y n' 'i. F ,v;`' +5-�-3: i J.3.. .,1 l-..syn on sates that 0�adjacent to els developed' 4 agile to be d :� oped. for:. residential use. Use Permit. App11"'ts fora `" vei%ante n '' Canditivi�si Use Permit: must file 4 riditional Use with # City of G�f 1;ake an _ �ay any and as"soda fees. _ city All applications for. a Broadcast/Telecommunications tower must first be sent to the Planning Commission which shall review the applicationand may recommend to the City Council approval, or denial. T'he..City Council will -hold. the neccssary Publichearing(s) on this matter and will thenapprove or deny the request.. The applicant is responsible. for Supplying a certified list of the: property bivners.within three -hundred (350).Feerof the proposed tower antenna site .and pay all costs fvr. notifying all such parties of the.public..hearing(s) needed. Section 23.7 Exceptions 23.7.1 The Following towers and/or antennas supporting structures and antennas are not subject to the restrictions of Section 21. of this Ordinance: 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 with the height, bulk and density and -area requirements of the City of Gem Lake Zoning Ordinance and are not visible from the exterior.of the structure are. also exempt. C) Towers/antennas.:for radio/telecommunications equipment: owned and operated.by :the City of Gem lake: are also exempt. Updated June.5, 2017 Geni Lake.ConsoIidatedLand Use Ordinance --Page 119 SECTION 24 — WIND ENERGY CONVERSION SYSTEMS. Section 24.1. Purpose. The: purpose of .this Ordinance -is to establish standards. and procedures by which the.'iristallation and operationa of residential wind energy conversion systems (WECS) shall be governed within the city. 24.2, Zoning .Allowance. A Residential WE, may be installed as an accessory use in all zonmi g 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 10 feet over the tallest .structure' on. a property'shahl 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. Tlie City Council shall designate a member .of City staff as the officer responsible for.accepting and. reviewing applications fox Residential WECS. licenses.. The City Council shall establish fees by separate resolution for review of aninitial application and For xcnewal applications. 24:3.1.3nitial Application, .Any person wishing to:'install a.Residential WECS. requiring a license shall complete -an application on a form provided by the City, pay therequired application fee, and submit the application .fee,. and attach the following additional :materials: A sidiavur".tosaie, de atio of property b ' .un cries; pro ,erty,. and the I cation of n shall;also=ndicat the height ;e DoFrieritationtat 'a. curt location. o n: of all stl under. �6x9tiri&&bperty insuran6 a.. ECS' cot i" one iirs_an' e-p'i opeirty; the and above -ground u�es located on utility easements on to>:property. The oxabjeek lying within 3d. feet from the . coverageto the. proposed Residential e policy. ' C) A copy of the. WE, manufacturer's documentation stating rated getietation capacity, standards certifications (such as Underwriters' Laboratories certification) for. each WECS component,' installation instructions,.standard drawings or schematics' for the equipment,.warranties, manufacturer's warnings.; and emergency procedures. 24.3:2..Renewal Application. A personwith a licensed WECS. previously installed upon their property shall submit a renewal application on a form provided by the City, pay the required application: fee, and provide the following. - A) A revised. site. plan. .and elevations. reflecting the current location and height of trees, structures and utilities on: the property in which. the.tow.er is located; and: B) If any of the documents required.by Section 24,3,1 (b) or (c) have been replaced by new documents or revised; current copiesof those documents. 24.3.3. Review of Applications. The officer designated by the City Council' shall review the license applicatioins and attached. supporting material for compliance with the.regulations..set forth in this Ordinance. If the revieeving officer believes .the proposed or existing WECS complies; the officer shall issue the.license. 24.3.4, Terra of license. Updated June 5, 2017 Gem Lake Consolidated .Laird Use'Ordinance — Page 120 A Residential 'WECS license shah remain. in effect for five (5) years following issuance,unless the CitY Council shall earlier revoke the. license for failureto 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 thealleged violation and the date and time of a hearing before the City Council to consider the violation. The City Council' shall hold a hearing, at which it will receive evidence of the violation. and take testimony :from any :interested parties, including the.property owner. Following the hearing, if the Council determines that the WECS is in Violation of the standards in this. Ordinance, it.may revoke the WECS license immediately, give. the owner a reasonable period of time in.which'to correct the. violation wirhout.revocation; or choose to take no action on the WECS license.. if a WECS license is. revoked, the WECS and tower must be dismantled and removed.from the property within '90days' of revocation. 24.4. Code compliance. WECS installation is not exempt froth. the State Building Code and similar safety codes, and all permits required for the construction and/or installation of WECS. components must be obtained from the .City's Building Official prior to commencing work to install the WECS. 24.4.1. Compliance -With state building.coda. Standard drawings of the structural components of the. wir�d 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 provisions of the state building ;code:.F]rawings anclengineering calculations :sh :be cerdfied:by. � _ i so a licensed �re jj Q, t eer: Y:• i2x....•.... _._. �' c.Y,�:•:<%3 "...YE`.-'��:w..cam"n....'r.'e➢a'�c"'E�'Z��... h•.urcx: .... ,_.. 5>F'(?"•.Y,..ti4 with I~Fatio`al<ElectricalodM'�e`ctric�al.Co WECS ele eal equipment and conneciions . shall be .>>--x N tionIN—s ado tedb g dinadherene=tvthe.p y-tlie city, lr, ' Standards flr siting staIiat[at °arid .Op height of a CS'm;:;s'"comply with.'1 d re ation parr:77 "Objects Af eE ing Navigable 4NDOT Rut"14`. t ,t1R.1.3015 "Grit iYa'for eterminin "'' g Obstruction. €r�;=Asr.Navigation. . 24:5.a Setback. WECS towers shall be set back from; the closest property :line at -least one foot for every.one.. foot of the system's total extended height. No part. of :a WE (including guy wire anchors) 'shall be located within orabove any required front, side or rear yard setback 24.53.. Rotor clearance. At installation, the bottoin of the .WECS. blade diarneter shall have.a =dnimum. of 5 . feet of clearance. over. any structure .(including aboveground. utilities} or tree within a. 200-footradius of the. WECS tower.. The property owner is responsible for ensuring that trees and othervegetatiort do not encroach on the. minimum. rotor clearance after the system is installed. 24.5.4. Rotor .safety. Each WECS shall be equipped with control equipment to prevent dangerous `operation in. high wind and to' allow the turbine to. be slowed or. stopped in an emergency. 24.5.5.. Tower access. To prevent unauthorized climbing, WECS: towers must comply with one of .the following provisions: A) Tower climbing apparatus -shall not be located v thin'12,feet of the ground. B) A locked"anti-climb.device shall beinstalled.on the tower. C) Towers capable of being climbed shall be .enclosed. by a. locked,. protective. fence at least. six feet high. 24.5.6. Component certification. Each electtical component of the WECS must be certified by Underwriters Laboratories, Inc. The:overall WECS system must either he certified or pending.certifrcation.bythe Small.Wind Updated Tune 5,.2017 Gem .Lake Consolidated Land Use Ordinance —Page 121 Certification Council. as compliant with the American WindEnergy 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. A) High voltage warning,. if a component of the WECS is "highvoltage" under the National Electrical. Code. B) Manufacturers. name. Q Emergency phone number.. D.) Emergency shutdown procedures.. No .other signage.'is permitted on the tower or turbine components of the WECS..A manufacturer's name.or Zogo printed on a component is not considered "signage." for the purposes of this:Ordsnance. 24.5.9. fighting. WECS shall .nor be illuminated from the ground, or Have affixed or attached any lights, reflectors, flasher or any other illumination, except for those required by FAA regulations part 77 "Objects ,Atir-•-5 ace" and :FAA..Advisv circular P 74A F-,;5 tembeL=�!#,8 '.?Cahstiuction ;Affecting NaV�abtes:._ . p. . - �' � , �� �:.� ,ep � _ .. _ - � x .,. «_ .; . - =:z w r 24.5.10' Noise emission. Noise ;yemanatin `am. t�e ;o eration '�fi WECS shall be in comp°ltance with and. re ate -.Ei th i a 't £y1�Minnesota Pollu on Conado staxldar s lyfii nes`dia Regulations NP.G 1 and 2, as -by ,,ate; r no 24.5XVs T:TiYlity compaayiiatercamnection =If the WECS.is terco .ected with a local electric ufili7 company, t e corinectiox< hall adhere to the ati al Electrical Code;°as ad fed by the. city.. 24.6. Test Towers. A tower to support anemometers and other test equipment to detertnine:the feasibility of installing a WECS on. the property may be installed :as an. accessory use in all zoning: districts: A.license:is not required to erects test tower, but the City must be notified of .the installation and provided with a. site plan and elevations similar to that required :in. Section :24:3.1. (a). The test tower must comply with all applicable siting,.. installation and operation requirements in Section 24.5, though'a .test tower may use guy wires for support. If required. by the State Building Code,'a.. building permit must be.obtained before comrnencing work .to erect the test tower. A.test tower may stand on a. property fora maximum of twenty-four months in any three-year period. 24.7. Inspection. The city hereby reserves: the right upori:issuing any WECS license to inspect thepremises on which the WECS is located. If a WECS is not niairitained in operational condition and poses a potential. safety hazard, the owner shall take expedidous.action to correct the situation. 24.8: Abandom-rent. If any WECS or tower.is not used for six successive. -months, the City shall give notice to the.property.owner that.the. WKS must be put back in service within six months from the.date of notice. If the WECS is not put. hack. into service within that time, the WECS and. tower shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.. Updated June 5, 2017 . Gem Lake .Consolidated La..nd ❑se Ordinance — Puga 122 SECTION 25:- SIJBDIWSIQN Section25.1 Purpose 25:1 In order to safeguard die.best: interests of the City of Gera Lake and to. assist the subdividerin hannonizi'g his interests with those of the City .at large, the following section is :adopted so that the adherence tothe same will bring results: beneficial. to both parties:.It is the purpose of this section to remake certain. regulations and requirements for the platting of land within the City: of Gem Lake, pursuant tothe authority contained -in Minnesota Statutes, which regulations. the .City, Council deems necessary for the. health, safety and general welfare of this community. Section 25.2. Jurisdiction 25.11 The. regulations hereian.govcr ing plats and the subdivision of lurid shall apply within the corporate limits of the City of Gerd Lake, MN. Section. 25.3 Interpretation 25.3.1. The interprctation and.applicatian.nf the provisions.of this section.shall be min;mllm xequixements adopted for the.protection of public health, safety and general welfare.. Section.25.4 Requirements 25.4.1. This section requires that:allland division in the City of Gern.Lake be accomplished d= subdivision of property as described in this:section. !Wkibdivision oJ 11 a .City of:Gem L , 'e shall be reco any validity unle .l?ro .:... :. s=a is: Y A part "fa Pla } ?d Suhdivisio ;��. B} part "f a h:Yr_.:.:::.. {,....:, ::::�?;.,;?fig• r... <',�i%;. ..•��� '!��i pr Suizv iuin described lz. a tat a roved. b Y :P, C} a s gle'lot, `sling on the ecEive.teof this se `'rides 'S Veil by metes and #ion sh i ;; descn a 73e accom ante : by ;a r sieved lot sury or{: P P eY sSµ �,. D) a parcel 20. acres or mare in. we with at least. 500 feet or more of frontage. fftce. 25.4:3 No Building permits shall be'considered for issuance by the City of Gem ..Lake. for constructing any building, structure or improvement on the land on any lot in the subdivision as defined herein, Wtil:all.requirements of this section have been met. Section 25.5 Park Land Dedication.Requ. cements 2$.5.1 As a. pre -requisite to plat or Planned Unit Development approval; all developers. shall dedicate:landfor parks,. .playgrounds, public. open spaces or trails and/or shallmake a cash contribution to. the City of Gem Lake's park fund .as provided. by this section of this section. The form of the contribution,: cash or land (or any combination), shall. be: as determined by.the City. Council in an amount equal to ten (.10.09/6) percent .of.the total acreage in the development or ten: (10.0°/6) percent of the:pre-development land value. 25.5.2. 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.. 25:5:3. Land to be dedicated .for parks, playgrounds and public open spaces shall be reasonably'suitable for its intended. use and shall be at a location convenient to the. people to be served. Factors used in evaluating the adequacy of :proposed.park:and recreation.areas shall:include size,.. shape, topography, geology, hydrology; tree cover, access and location. The. City Council, at its discretion; may rejectproffered land. and. mandate manetary contribution. ' 25.5.4The Gem Lake Planning: Commission shall review all park land dedication proposals including the..location of land and the amount. of land to be: conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution Updaied,%pte 5, 2017 Gent Lake Consolidated Land .Use Ordinance —.Page 123: requirements for proposed developments or subdivisions. -to the.City Council. The exact amount of land or cash. considerations. to be dedicated.shall be. established by resolution of the. City Council. 25.5.5.Land areas conveyed or dedicated to the City:o£ Gem Lake, as a park or.recreation.area, shall not:be used. in calculating the density requirements of the this ordinance for the proposed development or subdivision, and shall be in addition to and not in.lieu of open space requirements for Planned Unit Developments. 25.5.6 Whexe private open space for park and recreational purposes k provided for in a proposed development; subdivision or Planned Unit Development and such space is..to. be privately owned and maintained.by the future residents. of the subdivision or PUD , such areas ruay be used for credit at the discretion of the City Council against. the rcquirement for dedication for par k.and recreationpurposes; providing :the. Cite Council finds it is in the public interest to do so and that the foilowing. standards are met:. A) The yards, court areas, setbacks and .other open space required to be maintained by the zoning and building regulations: shall not be. :included .in the computation .of.such private open spaces, and. B) That. the public ownership and maintenance of the open space is. adequately. provided for by written agreements, and C) That the public open space is restricted for park and.rec:cational purposes by recorded covenants. which run with the lurid in favor of'the: future owners of.property within the tract and which cannot be eliminated without the consent of the.: City Council, and D) That the proposed:.private:open space is reasonably adaptable for use for.park and recreations purposes, n.._,p,.... �. t�Clg',nto cons' atxon':.such=f_ actors as size, s .,_pe; topography, ..y olag c lz ;ctirirlit'ion's', geology; cress and Iota tio�iof ri too en. s ace an, and µ p p p i E Tliatia'rdities:oposed.fore:9pen spatink"ubstantial.arcaxdance with the .provisio ss.f the recreatt o nal elernento9thecnpaprehensive laax; andeapprovehyt}ie:'.Ci ty Council, and Fj Ihax"where. s °ell credit is ranted; the `':unt of rredit'shall not exceed. Forty (40.0"/o) pereent:of the park 1 dedi,,ak i regwiremcnts foa.th et evelopzrierit. '25 5 7'"-The City of GemtLake.sliall.inami tmnp�ieparate fund into. Much hhash.contrihutions receivKd`in lieu of conveyance.or dedication of land: for park:and playground, public open space or trail purposes shall be deposited. and shall crake, from time to time,. appropriations from such fund for acquisition of land :for park and playground purposes, for developing existing parkand playground sites; for pub] open space.and trails, or for debt retirement in connectionwith land previously acquired for parks and playgrounds which benefit, the residents of the City.. :25.5.8 Xf a developer or subdivider is: unwillingor unable to make a comnntinent 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 detetmincd by the City .Council. 25.5.9 Wetlands; :ponding areas and drainage ways accepted by the -City of Gein Lake shall:not be considered -in the park land and/or cash contribution to. the City. Section 25.6 Minor Subdivisions 25.6.1 When a subdivision is requested, if either or both of the following conditions exist,..the Zoning Administrator may bring therequest:and.:the completed Subdivision Application form to the attention of the City Councilwithout going through the complete subdivision process. outlined;in this section: A) The proposed subdivision will result 1n three (3) or fewer fully conforming.lots in an area where :conditions are well defined. Only once shalla subdivision of 3 lots or less be allowed in airy one (1). parcel.of property. All lots proposed shall. have: frontage on. a street. as required by this Ordinance. Updated June.5; 2017 Gem.,Lake Consolidated Land Use Ordinance --Page 124 B) In the case of a request to, divide -an existing lot; where the division is to permit the adding of a parcel of [ land to an abutting lot, pr to create two (2) lots, and the newly created property line will not cause .the other reniai sing portion of the lot or any .structure to be in violation with. this Ordinance. 2.5;4.2 The applicant will be required to submit a plat prepared by a registered land surveyor showing the original lot and the proposed subdivision: The newly created:parcels also shall meet all requirements of this Ordinance. A preliminary site plan for the proposed subdivided area showingbuilding sites, driveway access points, drainage plans and utility easements shall also be included, 25.6.3 The requiredfling fee for this Minor Subdivision shall be as established and,. froin time to wine, ameixded by the City Council as part.of the Gem1ake Fee Schedule. 25.6A Prior to approval of a Minor Subdivision the City Council:reserves the rightto require. any or.all sections of this Ordinance to be applied. 25.6.5 The Minor Subdivision; created .by these proceedings shall be recorded with the County Register of Deeds with n sixty. (60) days after the. date of approval by the City Council.. If not recorded within this.: time: period, the approvalpf this subdivision by the. City shall -be considered void. Section 25.7.. Severabiliq, 25.7.1 It is the intention of the City Council that the. several provisions of.this section are severable and. that if any: court of.competentJ isdiction. shall adjudge any provision of this section application (hereof to: be invalid, such judgment shall not affectany other provisions of this section not specifically included in said judgment, - - 9='?'� carr< . _;i5.`-'-`x:'q ?'�r"�.,::., "^-,.a7z�^._.�'r•;```"" - .:f�.,.,. .� .vti�j:r .:[; iY3 -•C•:,5-::I:A^"r^ :=:;t i.Y� ...[;'�5.-.r-,'=::I.A^.� �;:: ,_�T., c ,£. N2Y:$.-r• �.:5t ,..;,,.,..w;�g^ n. ;'-i,Sc'::,£:3:� r_...•.,;:.... •...;,,:a Section "25''s'8. Confltc d Intera . '1*'.•r�:j S � - - •'•;, ^��3,� DNS .. 25.8.1 Wfieneve _here: • a conflict betw minim tand'x''tis ❑.r dime sioas.specified herein and tlayse contained. ILL ;- s bother official `e' lati n`'lesolutions "i 5;: oes or Zsi. . durance `of the Ci e suns � smlctfve standards: hall apply. S. Sectio 9. Rules and eEinitio s=..:. .` r, ,::y:`= in the shall be, a rpre f e 'in accordance: with the f6h6wiriz rules of A] The singular number includes the plural, and. the plural the singular. Bj The: present tense includes. the past and. future tenses aud.the future the.present. C) The word "shallis.mandato y while the word "niay"d5. permissive.. D) The masculine gender includes the feminine and neuter: E) Whenever a. word or term defined herein appears in the text of this section, its meanIng.shall be construed as set forth in such.defintivn thereof. Fj All measured distances expressed mi feet shall be to the nearest tenth of a foot. Section 25.10 Filingand Review Procedures of Plans 25.10.1 Sketch Plan. In order to.insure that all applicants are informed on the procedural:requircments and minimum standards of this section and. the requirements or limitations imposed by other City Codes, Ordinances or Plans, :the applicant shall submit three (3). copies of a Sketch. Plan to the Zoning Administrator: (see .Section.15.12 for `details of what is to be included in a Sketch Plan) The.applicant also shall arrange a pre=application meeting with the Zoning Administrator,. the Planning .Commission and the City Engineer to review and diseuss:.the. Proposed development. 25,10.2 Preliminary Plan 25.10.2..1 FILING - the.subdivider shall submit to.the Zoning Administrator the following: Updated .Tune 5; 2017 Gear Lake. Consolidated Lind Use Ordinance —Page .125 A) A completed: Subdivision Application form B) Ten (10) copies of the Preliminary Plan and at least one reduced (8''/2 X 11 or 8'/2 X 1.4) Prelirniaary Plat. C) The required fees. The.base fee:.for. a subdivision application shall be established by the. city council from.dme to time and published with all other City fees and charges: This feeis non- refundable; In addition to the base fee, the subdivider shall depositfunds with the City fox payment of expenses:incurred.through staff:titne and from all outside sources includingi:butnotlimited to, engineers, attorneys,. and outside consultants employed specifically for review and processing the application -The deposit shall be based on the city clerk's estimate of staff and consultant umc required, but in.no case shall the deposit exceed one percent (11/0) of the curreut-year market value of the land: to be subdivided,. as. determined by the Ramsey County Assessor. .Any. amount over the base fee not..expended by the city wili.be refunded within thirty (30) days of finalaction on the application. (Le. final plat approval or -application denial). Expenses. in excess of the filing fee and deposit that the City incurs shall beborne by the suKvider and paid prior to final.:approval. D) Any applications for .V..asiances from the provisions of this section or applications for Variances or Special Uses as provided for in the other..G.em Lake Ordinances and the required fee(s) for such action. E) A list of all property owners located within three hundred fifty (3:50) feet of the subjectproperty, obtained from and certiftcd.by Ramsey. County or the City of Gem Lake. AneiitedzCosi }fgAgr w': a�•_:: reimlii3 a the City fo; U ekpei ludug hut. nOt 1lintt dctO,..eng1 Lew ari'pze7cessn_;. Elx'ePP 'a lief g ctiorioz .Requests. 'like Zoxunl ting the applicari ariderstani in a' through s " of tune and froth all outs11 ys, and 04' 1s ie consultants employed receipt ofthe P for: .A} Determine: whether. the Preliminary Plan:includes the data required by this section.. The plan shall he considered as being officially:subn fitted where. all the information required is supplied and all. .requirements of this. section are complied with. B) Send a copy of :the Subdivision Application and one copy of the Preliminary Plan to each member of the Planning Commission and one copy to the City Engineer. C) The Zoning Administrator also shall refer copies of the Preliminary Plan to the Park Advisory committee, Watershed Districts, County, State, or other public jurisdictions for their tamely review and, comment, inhere appropriate and when required. D) The proposed plan shall be placed on the agenda. of the first possible. Planning Commission meeting. E) The City. Engineer shall in a timely manner submit leis .report to the Planning Commission: This report shall be on the feasibility of street location and construction. and on any drainage. or.o.ther problems that might be encountered. The absence of a report from the CityEn&eer shall in no way invalidate the approval of disapproval by the City of the Preliminary Plan. F) The. Planning'Commission shall hold a public Bearing on the proposed Preliminary Plan and.shall have notice of such hearing published in the official newspaperat ten (10) days prior to. the. hearing. The.subdividershall. certify that all owners of.property within 350 feet of the property being subdividedhave been: notified by trail of the Public Hearing. Vpdated.Tapne 5, 2..6.17 Gem Lake Consolidated Land Use Ordinance. --Page 126 G) Upon. completion of the .Public Hearing, the Manning Commission shall prepare'andsubmit. its report, five (5) copies of the Preliminary Plan, its recommendation for approval. or.disapproval; and recommendations for conditions assodated with approval to the City .Council in a timely mariner that allows. the City. Council totake action within the time limits established by law.. If the: report of the Planning Commission has not been 'received so as to provide for compliance with time limits established by lain, the City Council may act without such a report. H) The City. Council shall, within the. time limits established by law, .approve with or without conditions. ar t£isapprave:the.Application for Subdivision Prelirninary.Plat.with said action being formally recorded in the minutes of a.properly convened meeting. Further, any disapproval of the Application for Subdivision Preliminary Plat. shall be noticed in writing to t eapplicant. T) Any modification or waiver of .time limits established by law shall only be made in writing to the City by the applicant except for extensions by the City provided for by law: 25.143 Final Plat . Lylithin .six (6) months following approval of the. Preliminary. Plan by the City Council, unless the subdivider has requested. an extension of that time from the. City Council, the following shah be submitted to the Zoning Adzivnistsator: 25.10-3.1'Filing A) Eight (8) copies of the Final Plat, including one reproducible -copy are. required.. This Final Plat. shall incorporate .all. Changes to and conditions associated with the Preliminary Plan required.by the City Council, Qtherwise it shall. confo ' to the Prelimin ]w��� Tarr he Final Plat may c4 i,$ Tote only .rS; 8—.r...-•tea .;..) =w:::._ Y. thatpo iiof#let Plan"' �'r:' �; O th t ' subdivider. p apose�46a record ri €deve op a tliishiime: T£ the F al Plaris not ss l ini a "` � L tt d wi months, is approval of the T?reliminaxy T. shall be t< - . eansidexed void. _ 5-' _.. the �dif ccri 'red abstrac Uiileeror egi§tered'.p �o erif&66i&report:and sA8; other the City ouncil maya,,eejiiue liv ngstitle o51,5 vntxol of the property in flie;,subdivision Requests - th&Zoidink AdministratoA& ill upon receiptof the Final A) Acknowledge receipt of the Final Plat to the'applicant P) Send three (3). copies of the Final. Plat to. the Planning Commission .C) The report.o£ the Planning Commission shall be submitted to the City Council. in a' timely' manner that. allows the City Council to take action within the time limits established by law after filing of the Final Plat The report shall state whether the proposed improvements conform to the engineering standards and specifications established in this. section. It :shall also state whether the Final Plat: conforms to. the Preliminary Plan as approved. by the City Council pursuant to: Section. 1122 h). D) The City. Council shall act on the Final Plat within the time limits established by law. It shallnot approve dA Final PIat unless it 1) Conforms to the Preliminary Plan with. all changes and conditions associated with the Preliminary Plan: approval by the City. 2) Meets the design and engineering standards set forth in this section, 3) Conforms to thespians of the City, as approved by the. Planning Conuni.ssion:and City Council. 4) All fees required to be paid to the City in connection' with this. Plat. have :been paid. Updated June 5; 2017 Gem Lake Consolidated Land'.Use Ordinance — Page 12.7 E) If :the Final Plat is .approved.by the..City Council, the subdivider -shalt xecord it with the. County. Register of Deeds within sixty (60) days. after the date of approval. If"not.recorded within this time period, the approval of the. Final Plat shall be considered. void.. F) The subdividershall immediately upon completion of recording;: furnish to the City Clerk two (2) prints.of the Final:Plat showiang evidence.of recording. 25.10.4 Data Requirements for Plans :and Plats 25.10.4.1 Sketch. Plan.: Sketch Plans shall contain,. at a mini171urn, the following: information: A) Plat Boundary B). North arrow C) Scale 1D) Street layout on. and adjacent to plat E) Designation of land usc.and current•proposed zoning F) Significant topographical or physical features G) Preliminary: lot locations; numbers and layout 25-10.4.2 Prclirninary% Plan. Thesubdivider shall prepare and submit a Preliminary Plan, together with any nnl�entaMHfoiinaation. The Prelifhinary Plan shaU1E-RhEarnft-YW0 nfafmliE€on'sekiactliin' e r General Requirements Cl05. r selxxble. names A Titoposgd.;narne.of suib siQ%_. arnes shall not dupiieate M too. y ' ' 'o£ zz existing slclipisions ' 'Raixsey Countiyi B Location o ' _u, ``.:lines in relatio _[o;;a ktiawn section, quarter sectio ' oa quarter- .: quarter.:section hti`i5`c apprising a legal ddi ption.af the property, C) Names and addresses of all. persons having property interest, the developer, designer and surveyor together with the surveyor's registration number. D) Graphic scale ofplat, notiess:.than.onc.(1) inch to one hundred. (100) feet E) Date and. north arrow. 25.10.4.2:2 Existing Conditions A) Boundary lines and total acreage of.proposed plat,.cleatly.indicated. B) Existing• zoning classifications for land within and abutting the subdivision. C) Location, widths and names of all existing:or previously platted streets or..other public ways, showing type, width .and condition of.' roverxients, if any; railroad and utility rights - IMP of -way, parks and. other: public open spaces, permanent.,buiidings and structures, easements and section andcorporate lines within the plat and,toa distance of three -hundred and fifty (350). feet beyond the tract. D) Location. and size. of existing sewers, water mains, culverts or. other underground facilities within the tract and to. a distance: of one hundred (.100) feet beyond the tract, Such data as grades, invert elevations and locations of catchbasins,. manholes and hydrant: also shall be shown. .. updated June S, 2017 Gem: Lake Consolidated Land Use Ordinance -Page 128 E) Boundary lines of adjoining unsubdivided and subdivided land, within three hundred -fifty (350) feet, identified by name and ownership, including all contiguous kind owned or controlled by the subdivider. 1) Topographical data, including contours at vertical intervals of not more than. two (2) feet, Water courses, wetlands; rock out -crops, power transmission poles and. lines and other significant featutes shall also .be shown.. G) In plats, where public water and.sew.er.are not available, the subdivider shall. file a report: prepared by a registered civil engineer on the feasibility of.individual on -site sewer and waste systems. on each lot, and shall include soils boring.analysis and percolation tests to vetify conclusions. 25.10.4.2.3 Proposed Design Features A) Layout. of proposed streets. showing the right-of-Nvay widths,..centerline gradients, typical cross sections; and proposed names of.strects.in conformance with City and County street identificatiion.poiides. The name of any street heretofore used in the City of Gem.Lake or its. environs shall,not be used unless the proposed sireetisa logical extension of an already named street, in which event the -same name shall be used. B) Locations and size: of proposed sewer lines and water.mains. C) Locations, dimensions. and purposes of all easements. 72 !?W I7:lj Z'a u 'ri'"hers .lot areas t :ttrelirf�inary d astoiis oF`Iots a d blocl " f . lv: -iYe. —J.h� .. ..•4,}.: F yy �.���i E�'.Minimum fr�i~i}'and side�sixeet t�i].tldinz setbaces. curve, Areas, v reserved. line. and#. ity easements, intended' "' be dedicated 1&: of such area or areas in acres. 1 H} Water mains sh-n 1 be provided to serve tlae suli-ilivision by extension of an existing community system whenevet feasible. Service -connections shall be.stubbed into theproperty line: and all necessary: fire. hydrants also shall be provided:. Extensions of the public water supply .system shall be designed so as to provide public water: in accordance with .the standards.of the City. of.Gem Lake. In. areas whete..publicwater supply.is. riot available., individual,wells shall .be provided on each tor, properly placed in. relation to.individual sewage treatment facilities on the same and adjoining lots. Well plans must comply with .the Minnesota State Well Code:as may be amended, and shall be submitted for the approval of the City Engineer. I) Sewage Disposal,.Public. Sanitary sewer mains and service connections shall be installed in accordance. with the standards and ordinances of the State of MN, Ramsey County A d the .City of.Gem Lake. J) Sewage Disposal, Private. All on -site septic systems shall be installed in accordance with the standards and ordinances of the State: o£ MN, Ramsey County and the City of Gem Lake. .25.1.0.4.2.4 Supplementary: Information A) Proposed restrictive covenants B) An -accurate soil survey of the subdivision. prepared by a qualified person. Updated Acne 5, 2017 Gem:.Lake Consolidated -Land Use Ordinance —Page 129 Q Statement of the proposed use of lots stating type of buildings .with number of proposed: dwelling units or type of business o.r.industry, so as. .to.reveal the effect of the development on traffic, fire Hazards and congestion of population, 4 D) If any zoning Changes are contemplated, .the proposed zoning:plan for the areas, including dimensions shall be shown, such proposed zoning plan shall be for information.. anly.and shall not vest any fights in the applicant. E) Provisions. for surface water disposal, pondiug, drainage and flood. control. F) Where the: subdivider owns property adjacent to that which is being proposed for the subdivision,. it shall be required that the subdivider :submit a sketch plan of the rcmaMi der of the property so as to. show the possible relationships between the proposed subdivision and. the future. subdivision. In anyevent, allsubdivisions .shall be required to relate .well with misting or potential adjacent subdivisions. G) Where structures are to be placed on large or. excessively -deep lots.that are subject to potential replat; the preliminary plat shall indicate a logical way. in which the lots could possibly be resubdivided in the future.. H} Proof that a plan for soil erosion and sediment control, both during construction and after development,.has .been completed. The plan sball.include gradients of waterways, design ofvelocity and erosion control measures, design of sedimentcontrolmeasures,. and lanyydca..ging of the erosion.and �edunent contro ;sy,tn alor�g;wath ny Bch. xg. uitezents. as yFY4i - �1 i 3 •��i':Sa Y ZF� S rhay lie require of the applic t; y watershed Fritts or.:'other sic `<pul he agencleV..'° ;established ta.rpulate sedim ntard erosion co iraL 7Ceservatio :aiid.prp�teCtton pla .`that rho_{wsthose trees pro bred to be. t0 rCYYla]n rt1iC types`�- lncatiool ftees`'aird=ather v etatlari that are to be ich indic _tesarcompltauce with alakendamt local ordinances..s:_ When the C ' vf' Ge'n ,Lake agrees to �E"s.7, tall if "rovennents in a. develo ''ent, the developer shall isli"tl e City a Financt#lI5Slt irient sxtisfactory:to the Ci 'When.then. .` City has .not.undestaken to install improvements, the City may, at the .City's option, require the developer to furnish a Financial Statement satisfactory to the City. K') Such othc_r information as may be required. 25.10.5 Final Plat. The owner or:subdivider shall submit.a Final Plat. together with.any necessary supplernerntazy information. The Final Plat, prepared for recording purposes, shallbe prepared in accordance with provisions of Minnesota State Statutes, Ramsey County regulations and the Final Plat shall. contain the following: information: 25..M5.1.General Requirements A) Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. B) Location by section, township, range,.county and -state, and including descriptive boundaries. of the subdivision, based on an accurate traverse, giving angular and linear dimensions that must mathematically close. The allowable error closure of any portion of a fiscal plat shall be one (1) foot in seventy-five hundred (7500) feet. Q The location of monuments shall be shown and described on the Final plat, Locations of such :monuments shall be shown is reference to existing official monuments on the nearest established street ]ines.,:including true angles and distances. to such reference points or monuments. Updated June. 5, 2017 Gem Lake..ConsolidatedLand Use Ordinance —Page 130 D) Locationsof lots, streets, public highways, parks and other features, with accurate dimensions. in feet.arid decimals. of feet, vAth the. length.vf radii and/oz.atcs of all curves, and with all other information necessary to'reproduce the plat on the. ground. shallbe shown. Dimensions shall be shown from:all arigle.points of curve to lot:lines: L-) Lots shall`be.. numbered dearly. Blocks .are to be numbered, with numbers shown clearly in the center of the block. F) The: exact locations, widths, and. names of all streets to be dedicated, G) Location and width of all easements to be dedicated. H) Name, address and registration number of the surveyor.making the plat: I) Scale of plat. (the scale to be shown graphically on a bar scale), date and north arrow. J) Statement dedicating all easements as. follows: Easements for installation and maintenance of utilities and drainage.facili.ties are. served over, under: andalong strips marked "utility easements. K) Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other.public.areas. shown: on this.:plat.and not heretofore dedicated topublic use are hereby so dedicated. 25.10.5.2 Certification Requirements form req, any inf Brest ihithe.land or 505 3 e of a Statute itysements-arid other p currently lenders: of a mortgage tlti`ereon of the `Mende `-and where .c cate. shall areas sn sueFi form as approved by the. to be sub.dividddlave been D) An approval and review block to be filled in with the signature of the Mayor and City Clerk The foxm:of this approval and review block is. as follows; Approved by the City of Gem Lake, Ramsey County,. Minnesota This Day of , 20 Signed: Mayor Attest: City Clerk Section 25.19 Design: Standards. 25.11.1 Blocks 25.1`1.4 :1 Block Length. In general, intersecting streets, deteMul=.' g block.lengths, shall be provided at such.intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats. control the -blocks in residential subdivisions should not exceed one thousand eight hundred (1800) feet nor be less than .four hundred (400) Updated June 5, 2017 Gem Labe Consolidated Land Use Ordinance -Page 131 feet in length, except where topography:or other conditions justify a departure from this maximum. In .blocks longer than twelve: hundred (12QQ) feet, pedestrian ways. and/or easements through the block may be requircd near the center of the block. Z5 l 1.1.2 Block Width. The width of the block shall normally be sufficient to allow for two (2) tiers of lots: of appropriate depth. Blocks intended for business or.industrial use shall be of.such.width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 25.11.2 Lots 25,.11.2.1 Area. The mini num lot area, width and depth shall.not be less than that established by this Ordinance in the. appropriate Section in effect at the time of adoption of the Final Plat. 25.11.2.2 Comer .lbts:. Corner lots for residential use. shall have additional width to permit appropriate building setback from both streets..as required in. this Ordinance. 2511.2.3 Side lot lines. Other than for.good reason, side lines.of lots shall be approximately at right angles to street lines or radial to curved street .lines. l✓ver'floi::must l3ave.minimum alley, asgequire tn. this. Ordin,. M 9 21112. §M9 tba J i es'.'. .;.r::.. Setback" i buillines shady: 7satbae`reauire ii this Ordin, 25.1 L16 Water courses. platted street.or road W than an )r residential use and.shall not less than -the Lots abutting a water course, wetland, ponding area -or stream shall have additional depth and width, and other restrictions as required in this Ordinance. 25,11.2.7 Features. In the subdividing of land, due regard shall be shown for natural..features, such. as. tree growth, water courses, historic spots or similar conditions that if preserved will add attractiveness and. stability to the proposed developmeint, 25.11.2.8 Lot remnants. All remnants of lots below minim -um size left over.after.subdividing of a larger tract must be added to adjacent lots rather than being. allowed to remain as unusable parcels. 25.11.2.0. Political. boundaries. No singular. plat. shall extend over a political boundary or school district line without documented notification to affectedunits of government. 2511210 Frontage on two streets. Double frontage, or: lots with frontage on two (2):roughly. parallel :streets, shall be avoided except where lots back on an arterial street or highways, or wheretopographic or other. conditions render subdividing otherwise Updated June.S, 2017 Ganz Lake Consolidated Laird Use.Ordinance --Page 132 unseasonable. Such double -frontage lots shall have. an: additional depth of at least twenty (20) feet in order to allow space forscreen planting along the.back.lot.line. 25,11.2.11 Turn around egress. When proposed. residential lots. abut a collector or. arterialstreet, they should be platted in such a:manner: as to encourage turn around egress.on each lot. 25,11.3.Streets 25.11.3.1.5treets, Continuous. Except. for cul-de-sacs, streets shall connect with streets already dedicated in adjoining:or adjacent subdivisions, or provide for future connections to adjoining unsubdivided.:tracts, or,shall be a reasonable projection of streets in the nearest subdivided:tracts. Tlie arrangements: of thoroughfares and collector streets shall be. considered in their relation to the reasonable circulation of traffic, to topographical. conditions, to run-off of:storm.water, to public convenience -and safety and in appropriate relation to proposed uses. of the area to be served. 25.11.3.2 Local streets, authorized private ways and Dead-end streets. Local streets should be so Planned as to discourage their use by non -local traffic. Dead-end streets. are prohibited, but cul-de-sacs will be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall include a terminal turn- around with a .turn-around,radius of not.less than sixty (Gq) feet. AN Alleys 25.1.1.3, sub der, a as vi upany tI or intended.for develop�_rient by the- unsubdivided/subdivio e ortion shall 25.11:3.5 Temporary Cul-de-sac. In those instances.whem a street is terminated.pendingfuture extensionin: conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end. 25.1.1.3.6 Street Intersections. Under normal conditions, streets shall be laid out so. as. to intersect as nearly as possible at right.angles, except wheretopography another conditions justify variations. Under normal .conditions, the minima angle of intersection of streets shall be eighty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty five (1'25) feet shall be avoided. 25.11:317'Sidewalks. The Planning Commission,: -when it deerns appropriate and necessary, may require drat sidewalks be provided on one or both sides of the paved surface, -and shall prescribe the minimum width of such sidewalks.. In:all cases where sidewalks are specified, they shall.providchandi.capped.access. 25.11.3.8. Half'streets. Dedicationof half streets shall not be considered.For.approval except where it is essential to. the reasonable development of the subdivision and inconformity with the other requirements. of -these regulations or where . it will be practical to require: dedication of the other Half when the adjoining. property is subdivided. 25.11.19 Private Streets. Updated. June. 5, 2017 Gen:'Lake Consolidated Land Use Ordinance —Page .133 Private streets existing as.of the.date of this Ordinance are permitted. Futrue.private streets are permitted, but only when.approvcd by the City. The -City may accept private streets as..public:streets, but onlywhen.such streets have bec—aupgraded to the -standards: setby this Ordinance. 25.111.3:10.Street Grades. The grades of all streets,.shall not be less -than 0.3 percent and should trot exceed the following: A) Collector.St=eet Six (6%) percent B) Minor Street Eight ($°lo) percent 25.11.3.11.Cuib Radius. The minimum curb radii for thoroughfares, collector streets, local streets, and alleys shall be as follows:. A) All. Streets Ten (.1 Q' feet 25.11.3.12 Reserve Strips. Reserve strips controlling access to streets shall be prohibited except.under conditions accepted by the City Council. 25:11,3:.13:.Street Right -of -Way Width. For all public streets. hereafter dedicated and accepted, the minimuin tight -of -way widths of streets shall be as. streets,. , tYugtaway orieaestrta L diri I 10 "'s for cacti ssifiaadon as a11111glvvay .(As ecjired b 1VfNT to Arterial:=�Ii�h.wa .��.'Q'fl ="feet` €....- D) Collector Street 70 feet E) Minor Street Gg feet F) Authorized Private Way 40 feet G:). Private Driveway 33. feet H) Pedestrian Way 1.0. feet 25.1:1.4 Easements: 25.1 1A 1 Width and Location. Necessary easements of appropriate width for utilities (including. extension .vf:main water and server lines). shall be provided (arid shown on the plat), preferably along lot.lines or as necessary across lots. 25.1:1.4.2 Continuous Utility Easement Locations. Utility easements shall connect with easements established. in adjoining. properties. These easements, when.. approved, shall not thereafter be changed without the approval .of the..City .Counrsl. 25.11.4.3 Guy lW hies. Additional easements ,for .pole .guys should be provided, where appropriate, .at the outside of tums. Where. possible, lot -lines shall. be arranged to bisect the existing angle so that Ols will fail alo side lot lines. Pe �Y Updated.Tune 5, 2017 Gem Lake Consolidated Land Use Ordinance. —Page 134 25.11.5 Erosion and. Sediment Control 25,.115.1 The- development of this.. subdivision shall conform to. thematural J,urriitation.presented by topography and soil so as to create the least potential for soil erosion, 25.1.1.5.2 Erosion and siltation.control measures shall be. coordinated with the different stages of construction. Appropriate control measures shall be installed prior to and maintained throughout development when necessary to control erosion. 25.11.53 Land` shall be developedi in increments of workable..size such that -adequate erosion and siltation controls can be.. provided as construction progresses. The smallest: practical area of land shall be exposed at any one (1) period of time, 25,11.5.4 When soil is exposed; the exposure shall be for the. shortest feasible period of time;. as. spe..cif edin the development agreement. 25:11..5:5. Where the topsoil is removed, sufficient arable soil shall be set aside for re -spreading .over the developed atea. Topsoil shall be restored.or.provided to a depth of four.(4) inchesand shall be of a quality at least equal to t4 soil qualitypriox to development: 25.11.5.6 Natural vegetation shall .be protected wherever practical. 25.11.5.7 Run-off water shall be .diverted to a sediment basin before being allowed to enter the natural drainage system. r= i 25`r:°5.8 The. cis 'ecliuent control lans7a11. be.sub'ect " "`: , '8. : 5 p ) °x i ppr .al`af the appltca131e Ware' hed Dis' sand the Ci E' eer. Th i '' wa re nest ort From the Ramsc 8�i>l and Water 1. tYg tY r Y 9 , I y :..x Cons icon. D b1ct're ardin $:a 4rosk n coxztco ,�neastires. Tlie;.City may require a soil er, ^elan Bash de osit. 1 g ' •x p a:guara fee err si anscvsxXcol measu `.pare tal en: 7 - w 11.6 Storm 1 A11 sub` ivisiori design'";;shall in�C zporate.adeque-te�pro "'ions.for storm water run-o subject to and a .� 1 of the a Lida ,... � pp pp 1 bershed District d;theP; i y Engineer. 25.11, 6:2 The grade :and drainage requirementsfor each plat shall be. approved by the. applicable Watershed District and the City Engineer at the.expense of theapplicant for the subdivision. Every plat -presented for final signatures shall be accompanied by certifications by the City Engineer that the grade and drainage requirements have been met. In an area not having:municipal storm. sewer trunks, the. -applicant shall he responsible for providing a storm water disposal plan that will. operate 'without damage. to properties outside. the platted areas. 25.11.6.3 No plat. shall be approved by the City Council before the storm dater disposal plan is approved -by both.the.CityEngineer and the'Watershed District. 25111.6.4 The use of` dry wells for the purpose of storm water. disposal is prohibited in the City of Gem Lake. 25.,11.7 Protected Axe -as 25:1:1.7.1 Where land'proposed for subdivision is found to. be environmentally sensitive by the City,: due to. the existence of wetlands, drainage ways, water courses; floodable areas or steep slopes; the design.:vf said. subdivisions shall clearly reflect: all necessary measures: of protectiion.to insure against adverse environmental impact.: 25.1.1.7.2 Based upon the necessity to control and maintain certain sensitive areas, the City shalldetermine whether said protection will be -accomplished through lot enlargement and redesign or dedication of these. sensitive.areas in the form of outlots. Updated June 5, 2017 Gem... Lake Consolidated Land Use Ordinance --.Page 135 25.11,73. Measures. of protectionshall include design solutions. that a llow.for.construction and grading involving a i'tj1 imum of alteration to sensitive areas. Wherethese .areas are to be -incorporated -into lots within the proposed. subdivision, the subdivider. shall .be required to demonstrate that the proposed design will not requite.construction of slopes over eighteen (18) percent or result in significant: alteration in: the natural drainage. system such that adverse impact cannot be continued within the plat boundary. Section 25.12, Required Basic Improvements 25.12.1 General Provisions 25;12.1.1 Before a Final Plat is returned to the subdivider by the City, the subdivider of the land covered by .said plat shall pay all: fees required and execute and. submit to the City Council a developer's agreement that shalt be Binding on his or their heirs or personal representatives. This agreement shall. declare that the subdivider will start no private construction on the lands within said plat, nor will the..subdivider file. or. cause to be. filed any application for building.: permits for. such. construction until all improvements required by this Ordinance have been made or arranged .for in the: manner and .conforming to the requirements set.forth on the Final Plat. 25=12A.2.Pri.or to the. deliveryof the approved Final Plat, the subdivider shall deposit truth the -City Treasurer an amount:equal..to a mii imum of one. hundred twenty five (125) percent of the City Engineer's estimated cost of the required improvements within the plat, either: in a cash escrow fund, performance and indemnity bored or letter af. credit,,_ 'ra surety involved in said financial gu ntee5. shall be,app gvec by�he; City; The i7 '��' S 1 E F�ti' .max.':. k.a .. 2 S 5 t� acasli escrow. letterxol ciedi 'o peiforinance and 2ndemniry bond shall Be.�ct�iacltt 4e-upow:� u . Tlieg and ins g of all o ;Elie pavements required by the terms arid. conditiatts.'set th b r=the C��y�:4 i} yvL}3is one (1} y c,..3.: ~' ftSats£eory cof' let'`ktiesp ,d rhged to in the.develop s=ageementnohe �re._ erred"in SectioiM.4".1,1• Thet"'a entb .the: ud 'deiMto the Ci ofliex e'ses incurred b the City in onnection with C} .. gem Y. tY P :,Y t3' .� this subdivision: proposal, shall include.not.be limited to.: expenses for: engineering, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance: and.indemnity bond, there shall be a cash escrow agreement that shall provide that in the. event the required improvements are not completed. in one year, A amounts .Held under the cash escrow agreement shall be automatically turned over and delivered to the City .and applied by the City to the cost of completing the: required improvements. It the funds available withia the said cash escrow agreement are not sufficient to complete. the required Imp ovements,.the.necessary additional cost to the City shall lie assessed against the subdivision.. Any balance remaining in the cash escrow fund after such improverrients have been made and all expenses therefore:have been paid,. shall be returned. to the subdivider. In. instances where: a letter of credit is used in.lieu of a cash escrow.orperformance and indemnity bond, the said letter of credit shall be iii a.form- satisfactory to the City, and the terms.thereof shall substantially comply with all requirements as set forth in Minnesota Statutes as amended, which statutes relate: to Surety Bonds. 25..12.1.3 The City of Gem.Lake shall where appropriate; require.of a subdivider submission of a. Warranty/Maintenance Bond in the amount equal.to the original cost of the improvements., which shall be in force for one. year following the £teal acceptance of any required itprovement$ and. shall.:guarantee satisfactory performance of the'said improvements. 25.12.1.4 Reproducible. "as built drawings." as :required by the City Engineer, shall be furnished to the City by the subdivider. giving. details on all required improvements. Such "as built drawings'.' shall be..certified to be. true. andaccurate by the registered engineer responsible for the installation`of the improverrients. Updated June 5;.2017 Gent Lake Consolidated Lund Use. Ordinance -. Page. 136 225.1211.5 All the required improvements to be uistalled under: the provisions of this Ordinance shall be apptoved..by and subject to the inspection of the City Engineer. All of the City's expenses incurred .as the result of the required improvements shall .be paid either directly, indirectly or by reimbursement. to the City by the subdivider. :25.12.2 Monuments for.FinalPlat 25.12.2.1 Official. monuments, as designated. and adopted by .the Ramsey County Surveyors Office and. approved by the Ramsey County District Court foruse as judicial monuments, shalt be set at each corner or angle on the outside boundary of the:.Final flat or in accordancewith a:plan as approved by the. City Engineer. The boundary line of the property to be included with the plat is to be fully. dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons :to be indicated, each angle point or the boundary peritneter.to be so monutnented. 25.12.2.2 Wipes or steel rods shallbe..placed.at each lot and at each intersection of street center lines. All United States, State, County or other official bench marks, monuments or triangulation stations in or adjacent to the.property shall be preserved in the precise. position they were and shall. be recorded on. the plat All lot. and block dimensions shall be recorded on the plat and all necessary angles pertainingto. the.lots and blocks shall:be .shown, as.. anaid to future surveys, -No ditto inarks will be permitted when indicating dimensions. 25.12.2.3 To insure that all.irons and monuments are correctly in place following the final grading.of a.plat, a second monument shall be required. Proof of the second. monumentation shall be.in.the.. form of a surveyor's. certificate and this requirement shall additionally be a condition for the Certification of Occupancy. 25.12.31s The fia rp" Idth.of the ``l i' o-way s all be aded, in .ace z dance cti .with the constru an' is as ` ut�iried ii�:thc; eotivn of tl s rdinance, tifled I]es psz faudards: ;•-"y vii AiS �'�,,,��a:: wJ� ..�3.. 7z. �: ... i';2_i {�" -. 4:1 � :.`..ji•-:F��3:t'� jy. Gam: • � �'a''i n•:,•-::; :�=�. ,� "fir�'` 25.12.3: All str 'et'sliall be roved in aoeoiclaiicevttl`he Lit of .Gem Lake Stan P for street cons on or as Xe l ed. b .t1ie Ct Council:: . `~`rs `g,gW.3 All str eta to be surfacc{'jj skiall`:l e of an overall )L in o�ordance with the standat'' Land r ..- Yc:.-:rw..�4''cla,e A specifications for construction as approvedby the City Council. The portions of thetight-of-way outside the area surfaced shall be sodded of rsprapped by the developer if deemed necessary by the City, 25-12.3.4 Where required, curb and gutter shall be constructed in .accordance with the standards and speci ications for street construction.. as. set forth and approved by the City Council. 25.114 Trees and Boulevard Sodding 25.12.4.1 Where.street.trees do not exist, trees. having a trunk diameter of.not less than two (2) inches, measured.: twelve (12)inches: above the ground, shall be planted on both.sidm of all streets in the subdivision in locations.approved by the:.Planning Commission; but no more. than sixty (GO) feet apart. Trees of equal standard shall be planted in the required front yards at anaverage rainimum density of one (1) tree per forty (40). feet of right-of-way. 25.12.4.2 Tree species. shall be as approved by the Planning Commission and must survive one full growing season or be replaced at the subdivider's expense. 25.12.4.313oulevards. shall be sodded.as.required by the Planning Cornnaission in eonformance.with, generally accepted standards and specifications. 25.12.5 Street.Signs,. Lighting and. Driveways 25.12,5.1 Street signs, of suitable design.approved by :the City Council, shall be installed at.,eacli street intersection. Updated.Jurte 5, .2D17 Gem Lake Consolidated Land Use Ordinance — Page 1.37 23.12.5.2 Driveway appmachcs. and sidewalks of standard design or pedestrian pathways, as may be:required by the City Council, shall be installed: 25.12.5,3 Street lighting fixtures, as may be required and approved by. the City Council; shall be installed. 25.12.6 Sanitary Sewer.and Water Distribution Improvements 25.12.6.1 Sanitary sewers and water facilities .shall be: installed in accordance with standards :and specifications. as required by the City .Council and subject to the approval of the.City Engineer. 25,12,G.2Whesc .Csty sewer and water facilities. are not available for extension into the proposed subdivision; the Council may permit the use of individual water: and. sewer :systems. in.accordance witih. all appropriate state and local regulations- 25:12.7 Public Utilities 25.12.7.1 All new electric distribution lines (excluding main line feeders and high voltage:ttansmission lints),. telephone service lines, Cable TV and other services constructed:within the confines of and providing service to customers.:in.a newly platted residential area shall be buriedunderground, unless the City.Council specifically skull find,.aftec study and recommendation of the Planning Commission that... A) The placing of utilities underground. would not be compatible with the development planned, B) Topographical, soil or any other conditions make underground installation unreasonable.or i mpracttcaL r.�.�,-. �,--�,:e„cV•.•.a:r:�..:.r:xrm.-•-.�.-:., ry�r;r•„rs�:. rr,-.c..z.rY:�-::: ••:..�. electric : djlos• gas s be place , ulthin easements ts. sated °u, C.ways,.in such a man i9 tious at cross pnvatelyowned a as not to shall be. 1, . u ' 'tyjlines for:tele .lZpne and°`electrical servi "w;s iall : placed 3n rear line easern ."; s Am carried .on overhead poles. The Planning Commissioa inayxecommend, and the City Couziril require,. that dae: type of .overhead pole used be .of a quality and durability aesthetically in conformaii:ce. with. the.natureof the residential development. 25.. 3.5 The subdividers is zesponsible...for complying with. the: requirements of this. section, .and shall submit to the Zoning Administrator a written.. record from the utilities .shoving that the necessary'armngezxments with the utility. involved for installation. of said facilities. have been made. 25.12.8 Election of City to Install Improvements .25.12.811 In accordance with the policy of the -City of Gem.Lake, it is the subdivider'.s responsibility to install all required: umprovements. except that the City reserves the right to elect to installall .or any part of the improvements required under the provisions of this Ordinance in. lieu .of requiring the subdivider to install such improvements.. 25A 2.9 Railroad Crossings. 25.12.9.1 No .street dedications will.be. accepted that require a. crossing of a -railroad right-of-way unless sufficientland,. as deterinihed by the City Council, is dedicated to insure a safe view. Section 25.13 Variances. from This. Section 25.13,1 Th& City Council rny.grant. A.variance.In. any particular case: where the applicant can show that by reason of exceptional topography or other .physical .conditions.the strict compliance to thissection could. cause an exceptional and undue. hardship on the enjoyment of substantial property right. Such relief may be granted provided.there is no detriment to the..pubkic welfare and no impairment of intended purpose of this section. Updated dune 5,. 2417 Genilake Consolidated -Land Use Ordinance --Page 138. 25,13.2,An application for any such Variance shallbe made on an official application. £arm available from the. Zoning { Administrator :and shall be. submitted at the same -time as the Preliminary Plan is filed for consideration. Such application shall be accompanied by the required fees). Such applicationshall state filly facts; relied ixpon by the applicant and shall be.. supplemented. with maps, plans or additional data. that .will aid. the City in the analysis of the proposed project. 25.13.3 Upon receiving such application; the. Zoning Administrator shO refer the application, along with all related: in£orination, to the planning .Commission for consideration at a dulyconvened public hearing, a report and recommendation to be sent to the City Council 25.13.4 ne applicant or a representative of the applicant shall appear before :the.Planning Co muiisszon at:its.next regular meeting in .order to answer questions concerning the. proposed Variance. 25..13:5 The Planning Commission shall have the authority to request additional information from the applicant concerning the. Variance or to retain experttestimony with the consent and at the expense of the applicant -concerning said Variance, where said information is declared necessary to. insure preservation or health, safety and general welfare: 25.13A The Planning. Commission shall make a finding of fact and recommend to the City Council in writing such. actions or conditions relating to .the request as it may deem necessary to carry out the intent and the purpose of this section and shall do so iaa timely manner drat allows: the: City Council.to take action within the time limits established by law: 25.1.3.7 If the report of the Planning Commission has not been received so as to provide for compliance with time. Errg established. by law, ie ,City Council may act :withoqtsuch a report. Pon" "eGeivin ere report and xecouitnendatio of` "e Planning �33 tmission, the City Coun shall place the g r.;: P;. on theda fo tlze:next re ¢meeting, T 'Con "cil.shall witl the time }units establishe w make a )y .la findingTffact gppose..:ny canditldris it. ides =i ecessary.t s rotect,the;public health; safety and A Vaai1. l Fs' t•. 4.W ; ,r; ce tv�rtliri ` ¢e shall requir `'ry ` is as e ,.w/fifths; 4/.5ths}o'fiaefull°City Council Zoniri r g. strator shall' pro i nopicant ecisia writinC,�g. -` 25..14.1 Sale of -Lots from Unrecorded Plats. 25.14:1.1 It shall be unlawful to sell;. trade, or otherwise convey any lot or parcel of land as a part of, or in confom-litywithany plan, plat or replaro f any subdivision or area located with the jurisdiction of:this Ordinance unless said plan, plat or replat.shall have first been recorded in the Office of the Recorder of Ramsey. County. 25.14.2 Misrepresentation. as To Construction, Supervision or Inspection of.Improvements. 25.14.2.1. It:shall be unlawful for. any person, Arm. or corporation owning an addition or subdivision of land within the City of Gem,Lake to represent that any: improvements upon any of the streets, or avenues .of said. addition or subdivision ovany sewer or.water system in said addition or subdivision.has been cons.iiucted according to the plans and specifications approved by the City Council, or has been supervised or inspected by the. City, when. such improvements have riot been so constructed, supervised or inspected. 25.14.3 Penalty 25:14.3.1 Any person who violates any of the provisions of this. Code shall; upon conviction thexeof, be fined ngtmore than the maximum penalty for. a misdemeanor prescribed.under State Law. Each day that a violation is permitted:to exist shall constitute a separate offense. Updated .Inge .S 2017 CenvLake Consolidaaed Land Use Ordinance —:Page 139 SECTION 26 - LANDSCAPING Section. 26 A .Purpose. The purpose of this Section is to clearly express;the City of Gem Lake's intent for all properties in the City to be landscaped and to. have -the landscaping maintained with care. Properties shall be landscaped to improve the environmental performance of allproperties in the City.as ivellas to meet.the aesthetic needs of the general public. 26.1.1 Landscaping Goals.. All landscaping must he designed to protect, preserve, and promote the aestheticappeal: and overall value of the property. The quantity andquality.of:the landscape. design should be compatiblewith the described use for each parcel in a zoning area and the intended use of the property. The .preservation .of desirable.vegetation is a goal which should be.addressed.prior.to any -new construction, land filling, land changes or expansion of existing use areas. 26:.1.2 Landscape standards. The landscape standards set forth in the Ordinance will. promote. harmonious development. in the City; increase the desirability of residences,, encourage investment or occupation in the City, optimize.use andvalue of.land.and. improvements, increase -the stability and value of. property, and add to the conditions affecting the peace, health and welfare of the City. :Landscaping standards axe essential to ensure compatible relationships between land uses withina, community: All. uscs,allowed_as either permttted..Azoconclitional uses witlzsn,_[he City's variousvning`arEas ,shall zconfozm to the 1:3 Larfdsca❑:: M . tenance. f!, = '' s also. important that' _ o, erl r�aiutained::3Vlu]1ti�tii�a =larica'ei`aiceas:slzall be;p p y 2k3auitenance st i ds for.ail dsca ed area >axc descxil�ed in.Seuvn 18 of Ornaxzce:r:;;.: , l Section s thedeftnttions used in this section are.now listed. mi' Appendax A of The Consolidate... Lan... se; Ordinance. Section.26.5 Landscaping Requirements for New Construction in Residential Districts 25.3.1 Where to. install landscaping: All front. yards, boulevards and side yards of a residential structure in.any zoning area in the City shall, have sod or landscapiag with. mulch cover properly:installed. This installation shall occur within sixty (60) days:after the home is constructed upon the lot, but no later than two hundred forty (240} days after first grading, excavating, of otherwise disturbing the,land in furtherance of construction. If Home construction is completed after: the end of growing season;. such landscaping shaU be installed within sixty(60) days of the start of the -next growing season.. In rear yards, grass or mulch cover is still requited, but the requirement may betnet.byseeding or other measures reasonably expected to provide a.grassy area, in. lieu of installing sod. Siltfences and other methods to prevent soil erosion, as described in the:Zoning Ordinance, shallbe installe .md maintained on any.remaimng portions of the lot. that are riot sodded or properlylandscaped until astable ground cover is established. All areas disturbed :by grading which surround the. principal building. and. accessory buildings which axe. not driveways, sidewalks or patios. shall be landscaped with. grass, shrubs; trees .or. other ornamental.landscape materials. 26.3.2 Trees to be planted. Three. (3) new trees per acre shall be.installed concurrently with sodding and seeding:of the required yards. At:least. one (1) avetstory treeand either .one (1) ornamental tree or coniferous/evergreen tree is required for each lot. 'Each. Updated June 5, 2017 Geni Lake Consafidated Land Use Ordinance — Page 14.0 acre may haye.two (2} overstory trees as long as they are .not of identical species. Existing -significant trees that are retained on each.lot.nmy be .used as a credit in lieu of planting new trees, but each.acre must have at: least two .(2) trees. 26:3:3 Landscapiag requited after land felting or zeclarnation. If land filling,or land xeclamation is done in a residential area, the requirements of 16.15 4.4 for landscaping following construction shag, be followed, using the date. of permit expiration in place of the date of construction completion: Section 264 Landscaping Requirements for New Construction in Non Residential Districts. .26.4A Where.landscaping.is necessary. For all non-residential districts,.at least twenty five percent (25%) of the land area shall be landscaped urith;gxass, approved ground cover, shrubbery and:trees, All front yards; boulevards and side yards around a structurein:all:non- residential districts in the City 'shall: have sod .or landscaping with mulch cover properlyinstalled. This installation shall occur:withiii sixty .(60) days after.t he structure is constructed upon the lot, but no later than two hundred forty (244) days after first grading,.excavating, or otherwise disturbing the land in furtherance of construction. If construction is completed.after the end of growing. season,: such landscaping shall be.installed within sixty (60) days of the start of the next growing season. All areas around the structure must be finished, but seeding of -large areas. around the structures is allowed in lieu of sod.placemcnt Silt fences and. other methods to prevent soil erosion shall be installed and maintained on the remaining portions of the lot that :are not sodded or properly landscaped until a stable ground cover is established. parking are shin a n ,'iz=residential zoke'` at contaYn'one 'undred .10 "parkin '.stalls or less shall ''clude.at 1 .....h ( )-=P g. ??,, least r: . unpaved landscaped sjaud aterng the<'i ving aisl s that sew!;as riin lion f the site..I :,addition at one landsca;';: :s _ .vh;%a 0�.r, p p.:, ,skzal `be .ro�ided for ev '; wa hund d.and '`enty five (225 feet of con 'au F ;- _ `.<,,.._.. j : :: _. ter:. 1' ;::_a ) ..gu s. parking Allparkingareas corn over one h dred (DO} parking stall sliall inelde unpaved landscaped rods for every t uT;:: a : p p . ery two'l rich ed and twen e (24 feet.oP@ tf i ous parking stails he rids. shall be distributed eyeniy throughout the planned parking area space:and be positioned in a way to promote effective traffic.flow through the parking area. All landscaped islands in panning areas shall contain a minimum of one hundred and eighty (180) square feet of area and shall be. provided tivith deciduous shade trees, ornamental or. evergreen trees, plus ground cover, mulch and/or shrubbery in additionto then minimum landscape requirements of this Ordinance. Interior parking landscape area. trees shall be provided at the...rate .of.one..(1) tree for each fifteen (15) surfaceparking spaces .provided or a fraction thereof. Parking: area landscaping shall be contained in planting beds. bordered by a raised concrete curb or equivalent approved by the Planning Commission, .26.44.3 Landscapingrequired in land filling or reclamation. If.land filling or land reclamation is done in a non-residential area, thexequireznents o£ j&15.1 for landscaping following construction shall be. followed,: using the date of permit expiration.ixx place of thedate..of construction completion.. 26.4.4Minimum Standards in, non-residential districts. In order to achieve landscaping which is appropriate -in scale with the. size- of the building and site, these miriimuf7l standards shall apply to all non-residential districts: 4 A. One (1) tree. for every one thousand (1,000) square. feet of total building.floor area, or one.(1) tree for evefq fifty (50) feet of site perimeter, whichever is greater: A minimum of thirty percent (30°/a). of the trees required shall be coniferous. Updated .itine 5, 2017 Gem Lake Consotidated Land Use Ordinance — Page 141 B. One (1) ornamental:tree may be substituted for every 0.6 overstory deciduous shade tree. In: no case shall ornamental trees exceed fifty percent (500/6) of the required number of trees. C. One. (1).la.rge shrub for every three hundred (300) squatefeet of building or for every thirty (30) feet of .site. perimeter, whichever is greater. 26.4.5 Credit for .Existing Trees. The total number of new overstory trees.required an a property maybe reduced by the retention.: of existing overstory trees, provided that the following conditions are satisfied: A. The trees fulfill the minimum requirements of section 27.9 of this Qrdinance as. to size and species. The City Forester shall recommend to the Planning Commission the amount of credit forsuch existing trees based upon. their locati6n: aad distribution in. the lot. B. proper precautions. to protect trees during- buildingdevelopment shall be indicated on site grading plans submitted for plan review.. The landscape performance security shall include provisions to ensure that these precautions are followed. 26.4.6 Itrigation System Required. As a.non.-residential area is developed; .an underground irrigation system shill be. required in all landscaped areas. Section 26.5 General Requiretncnts for All Districts wing serys. o sizes shall b� regq fired at _ e°iYme ofplantiag° lllmeasutements shall caaif zxni to file % set fa for Nurse :Stock.. Lar ez lams ma e used. ar thin ih currezat editio of:"lhe L1S A fond s. tyg p Y. .; �''�-�`:�a;r =Y:Q Y :�..r F�� ice..:-�<• w� <_ Jversta `��l''rees��°%= 2-1.��2:=incYie05 t an in Evergreen Trees 6 feet tall La.rge.Shrubs .36 inches :tall Medium..Slirubs .24 inches tall Small Shrubs 12 inches .tali Evergreen Shrubs. 24 inches..in diameter -Upright Evergreen Shrubs 36 inches.tall Trunk diameter shall be measured six (6) niches above theground lcvel.fvz.four (4).inch or less caliper..trees and. measured twelve (12) inches..above the ground far four (4)inch caliper or larger trees. 26.5.2 Topsoil and Planting Soil. When :topsoil.or planting soil is required for landscaping, the soil shall have a pH range. of 5.00'to 00, unless otherwise specified. All soil:sball be free: of sticks, stones and vther.debtis, 26.5.3 planting Schedule: All landscaping .plans shall contain a. planting schedule which identified all plants proposed to. be imtalled,.:along with existing.plants. Plants shall:be identified by a planting. schedule which. includes: A. Quantity to be installed B. Common name Updaied June 5, 20I7 Lenz flake Consolidated Land Use Qrdiiiance — Page .142 C. Botaliical name D: Plant:size E. Root type (B & B,.container; bare root) 26.5.4 Location of Plants. No -plants, except flowers, ground cover or vines, shall be Placed within two (2) feet of any building, driveway or par,Zg area unless specifically noted. and approved on the landscape plan. 26.5:5 lnstallatian of Trees.. The property owner shall be'responsible .fox keeping new trees in a plumb position: When staking or guying is. required; it shall occur so as not to create any hazards or unsightly obstacles. Allwires shall be encased in hose to prevent tree damage.. Section 26.6 Native Landscapes 26.6.1 Native Landscape Alternative. A native landscape alternative to the requirements. of this Ordinance is allowed. in ail zoning districts. Landscape plans, or portions thereof, approved as "native" are exempt from the other requircments of this Ordinance: An applicant proposing a."native landscape" shall submit a landscape plan depicting the..current state of the natuxal area,. its. location on the property, and where any restoration .of native area will be done. The plan .must describe all features ❑edtesoratiorr ox:etention of theea.`:.,`native:" as op'tssetirriply.udist[xj311e_plan: area res ebs,;native plants, a om ination.thereof lna `" be approved as�` ftdfive'''landscaping �Y:.0y , nativegrasses. and fortis, native -plants, or a combination thereof. ive" area is compc sing to'preserve or area is composed ' at least.80% undisturbed mst:50% 26.6.3 Maintenance of Native Landscaping. Once approved; native grass areas: shall be maintained in a neatand. orderly manner without any. noxious weeds,. and mowed at least once per year. Sectiori 26.7 Landscaping of Existing Uses Existing uses shall comply with the landscaping requirements listed in Sections. 26.5.and 26.6 4-dtfeeg" of this Ordinance at the time .any alterations are made on the buildings. and premises. Section 2G.8 Screening Requirements in Nnn-Residential Districts 26.8:1 Parking:Axea Screening.. Any off street parking area containing more than six (G) parking spaces, any part of which is:within thirty (30) feet of an adjoining residenceor residential :area: nr across the street: from any residenceor residential area, and any driveway to:.a parking area containing at least.six.(G) spaces within.fiftcen (1.5) feet of an.adjoining residential zone shall be completely screened to a height of at least three and one-half (3-.1 /2) feet above the parking grade. Such.screening. shall.be accomplished through the use. of earth nerming, plant materials, or a combination of both; but not walls or fencing. 26.$;2 Trash areas and Accessory Structures. Updated Juiie 5, 2017 Gen, Lake Consolidated. Land Use Ordinance--:Page.143 In all non-residential districts; all trash and trash -handling equipment shall.be stored within the principal structure,. within an. -attached structure accessible from within the principal structure, or to screened £rom.eye..level view from public. streets and adjacent residential or.non-residetitial.iobed properties. If accessory structures are proposed, they skull be constructed of the same building. materials as the principal structure and be readily served. through swinging doors. Design shall be approved bytl)e Fite Department. 26.8.3 Mechanical utilities screening. The -ground level view of all mechanical utilities including roof top equipment shall: be completely screened from contiguous properties and adjacent street, or designed to be compatible with -the architectural treatment of the principal structure. 26.8.4 Loading and setvice:area screening: The.external. loading and service areas accessory to buildirigs.shall be completely screened froin.the ground levd.vieiv from contiguous residential or nori-residential properties and adjacent streets, except at access points. Section 26.9 Additioaal.Screening Requirements 26.9.1 Residential districts, In all residential districts; all waste material, debris, refuse, garbage, fuel or.materials not currently in use. for construction. shall be stored indoors or totally screened. from the eye level view from publicstreets and adjacent properties.. 9`AIi`oning.dis all. zo di"ti ct: npletely sere. "ed h the architeatia f 0 Screening ed �s�sx3 11"8ereen�uiL and similar features. Eall be. streets; orz;; ..designed � e compatible A fence or wall. may be used forscreening when plant materials are provided along the outside of the fence or wall, 26.10.2 Earth Berms: An. earth. bermshall be allowed for screening, when used in combination with.plant.materiai. A minimum of twenty fzve:pexcent (2Wo) of the required: screening must be provided by: the p€ant triateriaL Final slopes on berms: steeper thari 3'1 will not be permitted without special approval at treatment such as terracing or retaining walls. Earth berms used to screen parking lots and. other..open.areas shall be of sufficientheight to achieve screening butnot to. have slopes. excmding..11. A minimum of a two (2) foot berm is required. 26.10.3 Planting Screens. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located. on -any public right-of-way or within eight (8). feet of the traveled portion of any street or highway. A. planting screen shall consist of healthy, fully.hardy.plant materialsand shall be designed to provide.a minimum year round opaqueness. of eight.percent (80°/6) at the time of matu4ty. The. plant material shall be of sdfiraent height: to. achieve the required. screening. Composition of plant material for screeningshall be composed of these minimum standards: . A. Not less than thirty-three (3Y°) coniferous. Updated -Tune 5, 2017 Gem Lake. Consolidated Land Use Ordinance —Page.144 .B. Not less. thantwenty-five. percent (25%) deciduous C . Notmore than thirty-five percent (350/0) shrubs D. Not snore than forty-five percent. (45%) of one species Planting screens shall be maintained in. a neat and healthy condition. Plants which have died shall be promptly replaced. Section .2.6.11 Landscaping. Plans M-1:1.1 Content of Plans. A landscaping plan for any constriction or land disturbance site shall .be indicated either on the site plan. and building -plan,. or on a.separate to -scale plan drawing: The.landscape plan shall address. the matters.:xaised by Sections 26.5.an,d 26.6, As well as visually depictingconformance with the performance>standards of this Ordinance.. Where streetscape plans or other landscape guidance. From the Zoning Ordinance are applicable:.to the proposal, the landscape .plan shall incorporate and visually depict compliance vii.th those standards. When a landscaping. plan. is required by this: Ordinance, the applicant shall submit a number of. copies equal to the number of copies of site plans required for the periiut or authorization (e:g. CUP, building permit) sought: 26.11.2.Submission - residential districts.. If the construction is proposed as. part of a subdivision, planned unit development, or other application requiring Plannia Commission review, the landscape plan shall be submitted with the applicant's other materials. for the pertuit �"j�•'•:V� F;::•4'y �r^ :A'r ..:�;r.-n;?�ti,;.�...v or:_ntiierentEC]ement. Infoili[5 tliet.Ci s building '"final shall. ens ekhat<su a ian'€ efo"oitss�iti3" a. -611.3 Submiss e.,. - Fion`T isidential districts. `=`r �:: w' %Trianon -resider chstri etailed:lxndsca in s`te.: p}an shape sul?mi 'ed. tothe rining Comrni sson by the ;h P .g. ;y subdivider, dev er b `der .or ro ownerai of�tlie aratio yfvr. zotiiti entitlement or chtler ertnit: P P P 'w p F g 1 P i'liis flan iust;be appz `ed at the sam'tune as site plan an ritldin "`lan and the landscaping p anust )}e gpxized`t'efore: any buildiiig� demolitiozzgrading ar..fillingpermi;i5'ssu. dand construction is. starters cases. Where Planning Commission review isnot required to issue a building permit, such as additions to or remodeling of existing structures, the City's Building official shall ensure that such a plan exists beforeissuing a building permit. 26.11.4 Land filling or reclamation. Each request: for a land filling or land reclamation permit in all zoning districts shall also include. a landscaping plan. This plan shall.be approvedby the Planning Commission' before a filling permit is issued. and filling. is started. Section 26..12 Performance Surety. for Landscaping in Non -Residential Districts 26.12.1 Requirements, All landscape plans for construction in anon -residential district shall be accompanied by an owner supplied: performance security which shall provide the .City with cash, corporate surety bond, approved letter of credit or other surety satisfactory to, the City wguarantee the: proper installation and vigorous growth of All. landscape elements and s.creeningrequired. 26.12.2.Time period surety to remain in effect. Said surety shall remain in effect for two (2) full growing seasons. The first year the amount of the surety shall.be equal to one hundred.ten.percent (1.1D°Io)pf the.estimated costs of plant.tnaterial, installation and tree preservation.. The.second year the surety shall.be reduced to equal twenty --five percent (25%) of the estimated costs of plant material, installation and tree preservation. 26.12.3 Requirements for lots with irrigation systems. Updated June.S, 2017 Geni Lake. Consolidated Land Use Ordinance — Page 145 Lots -Pr sites provided with an irrigation system covering one hundred percent (1.00%) of the axea improved with landscaping need only provide surety for one (1) full growing season. Section 26:1.3.Maintenance of Landscaping In AllDistricts 26.13A .Responsibility for:replac ng: dead materials. The property owner shall be responsible for replacement -of any dead trees, shrubs, ground. covers .and sodding shown on a landscaping plan. If any of these:plant materials are not maintained.or replaced,.said.plant materials wilt be replaced by the City and the. cost thereof will be taken from any posted surety or, if. a surety does :notcover. all,co.sts, assessed to the property..In residential districts the City's replacement costs will be.assessed to the property. 26;112 Responsibility for maintenance. The property owner shall be. responsible for. maintaining the landscaping on every lot and parcel in.the City in good .condition. Every occupied and unoccupied. lot and parcel. shall be maintained :to limit the: growth of -weeds or: poisonous or harmful vegetation. Weeds shall includeall weeds,,grm, brush, wildings, second growth, rank vegetation or other vegetation. -that is notgrowing in.its proper place, having a greater height of ten.(10) inches or spread more than ten (10) inches: Grass must be mowed. and. shall not he allowed to grow more than ten (10) inches, Moving shall occur only between the hours of 8:30 a.m. and 9.30 pm. Every property owner shall keep all yard spaces around.a residence or non-residential in a manncr.such that.the appearance will. not detract. from the neighborhood Vegetation blocking visibility on corners or along the edge of roads or street and unreasonably impeding the View of ffiotpf v efii lei, travelin ,�^��' �u•bTic"roadwa s is ex res§gf,f rbidden :an °vet Lion rl%ar` o vs v cause Gis: roblern . 6.55 m ved. ;<r Mist be � .°ed<.or ze v ? 2Cii 14 Penal - adar s..:r.!'r: "'•"'c:.'T'r�:T-^.;rAm'7 ii; 3 si'':rE`:• ;V y '2 .14.1 An er'ori viol ter€ :'l7r`t stn to com 1 r;``.�h khe; rovisions:o is s c ' s fill be of:' ;= Y P :<g P Y/..: d ;=:�' Y �49;,; gt"ltY.. .: mfsdeniearior. `pan co ' ic6 ther" ' maybe purdslied'-iwaccQfilance ph a the statutory penalties sssgned to s%sdemeanoxoffenses, 'those. a;-:_ Y„ r m y be�changed fioin time to tune The cos'.ts of prosecution may.alsa be added. 26A5.1 It is the intention of the City Council that several provisions of this Section'are severable. If any Court. of competent jurisdiction shall adjudge any provisions of this Section or appiication.the-reof to be-Immlid, such judgment shall not affect any other provisions of this Section not specifically included in such judgment. Updated June 5, 2017.Gem Lake Consolidated Land Use. Ordinance -- Page 146 SECTION.27 W TREE PRESERVATION Section 27.1 Purpose KA J The purpose of this Section is to preserve and:ptotect the unique natural environment of the City of Gem. Lake and provide for. miriii7ial tree loss and mitigation of tree: removal: in wooded areas of the City. It also. provides for Protection of natural barriers provided by trees or shrubs along the. borders of our city; along major roads and bet-ween differing land uses.. 27.1.2 Tiec cover and natural barriers are beneficial in terms of aesthetics, screening, cooling, wildlife habitat: protection, watershed control= air quality enhancements, erosion control and..preseivation and enhancement of property values. Land alteration that.caus.es destruction of trees or. shrubs diminishes and impairs the public health, safety and general welfare. The intention of this Section is to provide -regulations relating.to the .cutting and removal of trees in areas where the natural.vegetation or topography are to be: altered. Section 27.2. Severability 27.2.1 It is the intention of the City Council that the several provisions of this Section are severable and.thatif any court of competent Jurisdiction shalladjudge any provisions of this Section or application thereof .to be invalid, such judgment shall not affect any. other .provisions or this Section not specifically included in such judgment. Section 27.3 Interaction Between This Section. and Other Sections 27.3.1 In the event of conflicting requirements imposed by this Section or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 1 Words u ed in ih ';present tense I includes the sin � mate ozdr' des the feir iiiine. 1MI Se Section 27.6 Protection Standards. s used .de the[ure tense; `e singular includes the. pluEal and the is manafo an' .;the ma 's`' _crzniss�e' ; he. masculine nder now lister:=in Atiti'en ix.A .of The. Consolidated Land Use 27.6.1.No Sand alteration shall occur until the City finds that the planned land: alterationa complies with the: following:. 27.6.1..1 Maximum Possible preservation. All land alteration shall be conducted so that the maximum amount of woodland.and natural.screening and barriers are: preserved by .the. clustering of structures wherever possible, or by the use..of other appropriate methods. Measures shall be taken to protect and preserve ail trees and shrubs. in the preservation. area as described. 27.6:1.1 Protection of Hoot Zones. Grading, contouring; paving.and any excavation or trenching shallnot detrimentally affect the aeration or permeabilityof the root zone in the preservation area, Section 27.7 Data Submission. A) Tlie applicant shall submit data to the City, at the time: of a preliminary plat submission or whenever land alteration. (as described in this Ordinance) is planned,. that outlines the conformance to this Ordinance. This submission shall .include: 1. The name and addres& of the person preparingthe plan and applying for a permit to do this alteration, and. 2: The name and address of the person who owns the. land that is to be altered;. and. Updated June.5,.2017 Gem Luke Consolidated Land Use Ordinance —Page 147 3. The estimated period of time within, which this land alteration will be conducted; and 4. A topographical map of. the land. on which the proposed land alteration is to occur havi a scale of.one :. inah.equals 100 feet and showingthe ground elevation contours at two foot intervals. The map shall.also show: a. The land as it exists prior to. the proposed land. alteration including, a minimum one-hundzed (100D feet of the abutting properties; and b. The proposed ground elevation contours at 2 foot intervals on the land when the proposed land alteration is. complete; and c..A re -grading, drainage and planting plan, if appropriate. $) A statement relating to the.proposed`usc of the land including the type of building or structure situated thereon or tobe. constructed, and C) A -tree inventory, certified by a registered land surveyor, landscape architect ar farester depicting the size, species, condition .and location of each significant :tree by species, diameter and condition, and D) Identification of significant trees that will be lost. due to the proposed.. land alteration and those which will be preserved; and E) Identification of all significant trees within 30 feet :of the grading limit, and 8.1 of all.natural°,is s of_irees or shrub amount. dt'si t . ' t=ttegc :.. cl'tree cover City. recog .es..that a. the:urban deoeiopment 27:8:2 erefoi' in the fyollovviiig Zoniz g areas i zoning.Distiici:s`.r'listed[i :Column 1, a percentage 'ftlie woodland nav `lie=zcmo"yed wnhouran oli ' tion'fov-reforesration but onl u -to and including the. threslhold. "ercent a of 3� Y �� , Y' P 8 I'' � Woodland listed in Column. 11. If the land alteration. results.in woodland removal that: exceeds the percentage listed in Column IL then the applicant shall be responsible. to replace the trees in accordance With. Section 27.9 of this Ordinance: V.8.3 Natural borders may not be removed or altered: without the written permission of the City: 27.8.4.Iri(tensive vegetation clearance withinthe shore land:.area and on steep. slopes is prohibited. 27.8.5 Table of Zoning District and Tree Removal Threshold Tree. removal in excess of the thresholds shown requires Planning Commission and City Council approval and xeforestation. Column I Zoning Area or District Column II Removal Threshold Single Faizily Estate — RE —.Residential 251% Single Family Executive.— RX — Residential 25% Single. Family (1. Acre) — RO — Residential 25% Single. Family — RS — Residential Z5°/o.. Gateway — G - Commercial 25°Ia. Open Space/Recreational Overlay -- OS/R Updated Ahe 5, 2017 Gem Lake Consolidated.Land Use Ordinance --Page 148 Shore Land.— All Districts 1 d°/a Natural Barrier -- All Districts 0% Section 27.9 Reforestation 27.9.1 °free Removal Beyond the Removal Threshold. 27.9.1.1 If the: land. alteration iesults. in tree removal beyond the tree removal threshold in Section 27.8 of this. Ordinance, or as defined -in, Section 27.6 of this. Ordinance, or a natural barrier is to .be altered or removed, the applicant shall be required to submit a reforestation plan. The reforestation.planrnust be submitted and Approved .by the City Forester priorto final plat approval, if a subdivision is being doric, or before the work of land alteration is begun. The reforestation plan shall include: A) Location of proposed reforestation; and L Species and size..of:proposed plantings; and B) Quantity of proposed plantings.. 27.9.2 Reforestation: Plan 27'A2.1 The reforestation plan shall comply with the following criteria: A} Tire xelacment will be. predicated aa:,rhe total setnov b a: r atil cp ibold limits. '" based tithe type of trees removelln accordance 6, . or S¢ftvood predaantlpL'vplas, Box Elder, Gottonyood, Aspen 2 Class.Ti Mixeii°Hardwoods - piedomiiaaidy species other tlian Oak incldduig,.butnot limited to,. Cherry; Birch, Walnut, Elm, .Ironwood, Maple, Basswood, Ash: 100 % 3. Class C _ Hardwood - Predominantly mature Oaks: 125% 27.9.3 Where trees are to be located. 27.9.3.1: Trees to be provided. as part of a reforestation plan shall be. located adjacent to the.development or proposed structures in areas such as yard setbacks, on outlots or common areas, at the project entrance.. area,. in buffer zones between different land uses or roads, or.at other.locations as directed by.the. City: Reforestation shall.occur in such a way as to replace trees removed with desirable: trees of the same or similar species and/or densities. These trees must be planted based :on the frequency and density as determined by the City Forester. 27.9.4 Sizes and. type.ofreplacementtrees. 27.9.4.1. Replacement trees. must: be no Less .than the following sizes: A) Deciduous trees 1.. No. less .than two.:and one. -half (21/2") .inches in diameter on steep slopes, or .2. No less than three (3") inches on all other grades, B) Coniferous. trees 1. No less. than six (6) feet high on steep slopes, or. Updated June 5, 2017 Gem Lake.Consolidated Land Use Ordinance -.Page 149 2. No less than seven (7') feet high on ail: other grades. Section 27..10 Construction Damage to Significant Trees in or. Near the Preservation -Area. 27.10.1 Significant trees:.which.are within thirty (30) feet of.the proposed grad! .ng limit shall. be surveyed by the applicant. Any significant tree that the applicantcommits to preserve that is subsequently damaged, during or as the result of construction, shallhe replaced by the. applicant:.on a one for one diameter inch basis. Section 27.11 Agreement to. Replace Trees 27-1.1..1: The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in.. connectionwith which trees are requited to be replaced by the provisions in this Ordinance;. shall enter into such written agreements or arrangements with the City of Gem Lakein such form and substance as. shall be .approved by the City, whereby the applicant shall undertake to comply with the provisions and conditions.irnaposed..by this Ordinance and in connection with any such approval or issuance of a permit. and shall further provide .that. the applicant sliall:indetnnify the City.against any loss., cost or expense, including an amount as and.forreasoziable attorneys' fees`iancurred in enforcing the terms of such agreement or agreements.; and 27.11.2 Provide security for :the performance of its obligations pursuant to such agreement or agreements. The security may consist of a bond, letter of credit, cash, or escrow deposit; all in. such form and substance as shallhe approved. by the City.. A) The amount of this security shall. be :$. 1,000 or 150% of the estimated cost. to furnish and plant the replacement trees (estimated cost). whichever is greater. The estimated cost s.hali.be avleast as much as the casonable amofiff.,cseries for :furnu ing and planting of replacein; 6 sh e°subject `Ci , and 'o approval by t}3e;t9 have e;fight; r'=i(i:sole. discretz "to deter Scction2712 Collector rid'Ait l A. anc :Trunk and. L, 1 When n'Ys 5ecti n'9Applies.:<` 01 only apply. to collecto faHdt arb&_W road and and.utilityisc vkcs will be req e�d''to adhere to 27.12,2 Road and Utility. Construction. 'the es ated .cost is not utility cons r . stTict thzcs trios. Significant trees shall not be destroyed. or .removed within the right-of-way .unless. such destr .ctionox removal is absolutely. necessary. because of engineering; safety, sight distances; or maintenance requirements .and acceptable alternate. means of construction or alternate routes. are .not possible. Such reasons must lie submitted £or review by the City. 27.12.3 Reforestation. if the road or utility construction.. destroys or removes fifty (50°/0) petcent.ar less of the significant trees or tree cover in the.xight-of-way; then the person or. entity conducting the construction shall -not be responsible for -reforestation. If, however, more than fifty (50.9/0) percent of .the significant trees.. or tree cover within the easement or right-of-way ate: destroyed or removed; the person conducting the construction shall be responsible for the following - A) Filing a landscape bond pursuant to Section 27.11.; and Ii} Ttepiacementof trees that exceed the fifty (50'%) percent. threshold shaft .be'in accordance with Section 27.9of this. Ordinance. The replacement trees shrill be planted on: the. ad)oining. setback areas, assunling'the adioiiiing:landowners consent. Otheriwise,. the replacement trees. shall be. planted at locations as determined, by the City:: Section.27.13 Exceptions. to This .Ordinance Updated June 5,. 2QI7 Gem Lake Consolidated Land Use Ordinance—Page.150 27.13.1 The requirements of this. Ordinance shall not apply to the removal of trees which are dead, diseased, seriously damaged by storm, or other acts of nature. Section.27.14 Tree Replacement 27.14.1 Replacement trees shall be planted not later than 12'months after thedate the land alteration has .commenced. If the applicant is prevented from per£orming.within this time limit, because of unforeseen circumstances beyond:the applicant's control,. the City Forester may extend :the time for performance. The.applicant shall inform the City Forester when all replacement` trees have been planted, at which time the City Forester shall inspect the site. 27.1.4.2 Replacement trees.shall consist of "certified nursery stock" as defined by Minnesota. Statues Section 18,46 or other trees. ("wilding trees ") so .Iong as the wildingtrees. comply with the. following standards. A wilding tree measured in diameter.inches.shall not exceed the maximum height as shown below:. TABLE 27.14.3 Diameter Of. Tree In Jnches Maximum Height Of Trees In Feet Two (2.0") Inches Eighteen (1;8') Feet Two and OncJf alf (2.5") Inches. Eighteen (W) Feet. Three (3") Inches 'Twenty, (20) Feet Three :aiid'rie~;;Half; (3:5. Inches%% j[.`.', cx:,� �:.::i,. 1 =v;::_ . h : _.-.3.. _i' ti-' � - ..r 20Fee "J l I {Y' '�:. n rr.•Lr /�, ..1.: ,:�-,..•,: - -::.- -; ZS'wf��%F Four uiy ::],Inches i'N.`y4 [ = 5%�;:;':J.•��3:•4�.�: }C'.�.�5' rT'-Four (24: ti:!,5 -Feet. Five. ( "}ilnches #s:: zr `=`Yr rlweht.t2Fee-t,...� 5 J7]7] �'.•.4 �;tl `;'�'�Ci''d%:.wr++i++:c'�Y.: _x.,p A�(..:� 3.--.E.! •:'w.'`35�' �:::1 `r-, �5 14.4 The lo3vest branch:of s w.11dii'i tree shall "e° gt a eight.above the:.su_rface of dle ground not r o e than orie- E'l aif;o£:the #q alyi ei lit o =the tree: air 1 'a 1„vat tree must av a b aiich within 8 feet of the s face of the l-sivuzdiri`giotind.)'%-,. r' 27.14.5 Trees planted. in place of missing, dead or un-healthy replacement trees shall consist. of only "certified nursery stock" as defined by Minnesota Statues, Section 18.46. Section 27.15 Release and Retention of Performance Security 27.15:1 Release of Performance Security 27.15.1.1 The: performance security shall remain in effect for not less -than one (1) year after die. date. that the last replacement tree -has been planted. The City may release the performance security at that time unless the City Forester, upon inspection, finds that any of :the replacement trees have .died or are, unhealthy,. or.if there was any. encroachment upon the protective .fencing surrounding any tree to be saved. 28.15A.2 If the applicant supplies proof of a nursery guarantee which is approved by the. City Forester, then the. performance security posted by the applicant shall:be released upon. planting of thelast guaranteed. tree. The nursery guarantee shall remove liability from. the applicant and responsibility will be placed upon the nursery or current land. owner; 27.15.2 Retention of All or Portion of'Performance Security. The City mayretain the portion of the performance .security equal to the. cost of.xernoving- dead or unhealthy trees and replanting replacement trees. Section 27.16 Penalty. 27.1 ti..1 Any person violating or refusing to comply with the provisions of this section shorn be guilty of a misdemeanor, and prosecuted and upon conviction thereof,. shall be punished by a fine established in the City of Gem Updated June 5, 2017 Geni.Lake Consolidated Land Use Ordinance —Page 151 Lake fee schedule, as. amended, or by itnpxisdnrnent not to: exceed zainety (90) days, or both. The costs of .proaecution 'may also be added. Updated June 5, 2017 Gem .Lake ConsaIidated Land Use Ordinance — Page 152: SECTION 28 - ENVIRONMENTAL REVIEW ^ Section 29.1 State Law Adopted 28.111 The:City of Gem Lake hereby adopts the..provisions of.Minaesota Statutes, § 11 6D.04 and 116D.045, and Minnesota Rules Chapter 4410, as.those.iaws and rules may be amended oraltered from time to time., and makes those provisions a:part:of:this .section as if fully set out herein. Section 28.2 Application. Section.28.2.1 The provisions of this section shall. apply to all land use applications submitted to the City, including but riot limited to .zoning amendments, planned unit development applications, subdivision applications, shoreland and: wetland. permits,. variances, conditional use permits, and nonconforming use permits. The intent of this ordinance is to standardize -the, City's process for determining when to requirereview by Environmental Assessment Worksheet t'EAW ') or Environmental Impact Staternent "EIS"}. Section 28.3 Determiimation of Need for Environmental Review. 28.3.1 The City -Planner shall be. the person responsible for the administration of this section, and the rules adapted by reference by thissection. 28.312 The City. Planner shall be responsible for determining whether an.a..ction for which a.permitis required is an. action for which an.T3AW is mandatory under Minn. R 44.10.4300 and/or an EIS is mandatory under Minn. R. 4410A400. The planner shall also determine those proposed actions for which a discretionary EAW may required under Minn. R. 4410.10O0, Subp. 3, and shall norm fy the Planning Commission And the City Council of .these proposed 3 If the 11. Ct `-•lanner`identifies a pra� tsal as pot buy e.` uiring a „cretonary EAW, or if the ty receives.a to require an E tl. Wrist be: detertmnation from tlfi9&vironmerital. Q ^ t .Board, decision W Tan for EAW.., $ 5:'rr. sc?✓^,-.M f:;'- s notice o etiti'-ri hall be efetetl fo theiPlannin Co ` clan which e by the. City-;sCbun , �; `I pl�au :.t�isr' ' r E B.p n ;s 5y g ' € make a rec cil's de • _ n on. whether or not to re e an EAW ninen a1Yon to. ttie C Council. � I'd �s =ate• g `:.. RA p . '" days P ' p P € take lace ria later 3Q da f vrri=recei of%time planner V otice r;`M etitivn from the EQB:.. 10 'Cc of the �n .�_.,i fir' ✓fir ^iy '. ° pro. thin Co ies of this no shall also be i�il's-decision shall he -sent. to. the pro riser thin.fiivC .(5} day o p yq i �jz:5, r�rV;�.'....�....: �:�s;��} Z,S"oai� ..:�:`: �>'i: "�.:� Y<l�i 'to tl"ie Et B .arid tie lu`titiners' repzesenta if'the determinati vvas triggered .by a citizen petition: 28.3.4 If the City Planner identifies a proposal as requiring mandatory environmental review, the planner may require that review process'to begin immediately. Section 28.4 Procedures on Determination that EAW is Required.. 28.4.1 If an EAW is required, the proposer of the project shall submit an "Application for Environmental RcvicV;1' .along with the completed data portions of tlm EAW. The applicant. shall agree in writing, as a part of the application, to reimburse .the.City.prior to the issuance of any permits for all reasonable costs, including legal and consultants' fees,. incurred in preparation and review of the. EAW. The proposer shall make a deposit of five thousand dollars ($5,000.00) with the City Treasurer to be held in escrow for the.payment of these costs. Any unexpended funds retaining after final consideration of the. EAW by.the City Council shall be returned .to the proposer within thirty (30) days of the CouncTs decision. 28.4.2 The City Planner.. shall promptly review the application. for completeness. arid. accuracy... if the city planner determines that the submittal is incornplete, the. submittal shall be returned to the proposer for coinpletion.of the missing data. If the: city planner detennines that the submittal is complete, the proposer.shall be notified of the acceptance of.the submittal within five days. The City shall. have 30. days from notification to. add.supplementary material to the.EAW,.if necessary, and to approve the RAW for distribution. 28.4:3. Upon -completion of the EAW for distribution by.the: city planner, the City Clerk shall provide. -mailed native of (.. the availability of the EAW and date of the meeting at.which.the Planning Commission -will consider the matter.to all propextyowners within at least seven hundred and fifty g5a} feet -of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at. minimum ten (10) days beforethe date of the Planning Updated .Tune 5, 2017 Gem Lake CDnsolidated Land Use Ordinance. -Page 153 Commission meeting during which the EAW will be considered. Failure of a property owner to receive notice- shall not invalidate my such proceedings on the EAW or the underlying land use proposal 28.4.4 The City Clexk:shall also. send the -notices, copies and other rna.terl..requii ed by Mirsn. R..4410.1500 witivrr fve (5) days of the .planner's approval. of the EAW. 28.4.5 The City Clerk shall receive and collect all written comments on an EAW submitted during the 30-day.EAW review and comment period. The planning commission. and .city council may take'public cotntnent on the EAW during the.30-day period; provided that nodce of the comment time is published. and. mailed to the proposer at.least .ten (10) days prior to the date the .comtuission or council plaits to take public comment. 28.4.6 When reviewing an.EAW or EIS,. city staffand the Planning Coznsni:ssion may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design IMP to be made as a condition for approving the. land use prop❑.sal when it hods that the design altemtioxis are necessary to lessen the environmental impact of the action. 28.4.7 The Planning Comtrnission shall review the EAW and all public commentary after the close of the -comment period, and make a recommendation to the City Council regarding the .need for an EIS. The City Council.: shall meet no less. than 3 days. and no more than; 30 days after the close o£ the .comment.period to decide whether an EIS is needed for the la rid use:propoW. Both the. Planning Commission and the City Council shall use the standards and procedures set forth in Minn:. R. 441.011700 to guide:their. recommendations. and :decisions. Section. 28.5. Procedure when. an EI5 is required. r85'I'lie,Ci 1sY, shall aPPTy a e e aratibx d bnda £roellouwire=tdrl G Prohibition oaiAppfgYals During. .a "YlEy�-',:••phi yy.Sf1!['_ [fir Al No p ermit f£or an ae�ioh f or�M�aEE 3 review whi ' are to 9e'paid by tle`a 3 until the vironmental review. prod t ed into the a _ � y� PPlicant Section 28.7 Severability. of Mi�tat" .§ .1 MD 45 aai Miitin : 4 1 2'I3b11 4416 3 Op in equired s ,.-'�:`.,.• _ d U an EAW r=an--EI bessued`until all costs. f;prcparation licant areapatd aril alliiforma on required is supplied inadequate detail §s',has b6 6 completed as provided In this article; and, pursuant o any written or T tti j``ermit erms `aria the i ' .. P itc e..0 tv Council. 28.7.1 It is the intention of the.. City Council that the several provisions o£ this sectionare separate.and that -it any court of competent.jurisdiction shall adjudge. any provision of this Ordinance. or application thereof to he invalid, such judgment shall not affect other provisions of this section not specifically included in such judgment. Updated.Tune. 5, 2017 Gem Lake Consolidated Land Use Ordinance —Page 154 SECTION 29 — STORM SEWER USE Section 29.1 Purpose.and.Intent, The purpose of this section is to provide for the health, safety, and generalwelfare of the citizens of the City of Gem Lake.through the regulation of non -storm water dischargesto. the storm drainage system to the maximum extent practicable as required by federal and.state law.I'his section establishes methods for controlling. the introduction of pollutants into the municipal separate storm sewer system (M84) in order to comply -with requirements of the National. Pollutant Discharge Elmmation System (NPDES) permit process. The. objectives of this section are: A. To regulate thecontribution. of pollutants. to .the .M54 by storm water discharges by any user. B. To prohibit illicit connections and. discharges to the.MS4. C. To establish legal authority to carry out.all.insp.ection, surveillance, -monitoring, and:.enforcernent procedures. necessary to. ensurecompliance with this section. Section 2.9.2 Applicability This section shall apply .to all water entering the storm. drainsystem generated on any developed and undeveloped lands. unless. explicitly exempted by the. City ;of Gem Lake. Section 29.3 Responsibility for Administration Tl e City:of Gem`Lake. shall administer, implement, and enforce: the. provisions of this..section. Anypowers granted or duties imp osed u on the City of Gem Lake may`be.delegated in -writing by �e Gem Lake Ci Adm�in�istrator;of the .:..:..- ..;actin in the l,enc Citv�o en Lake to u sons�r en#�tt� .,.. ,.. _, g , 6al. interest oir:o sn the employ o i" 'i7f 3 ake. section is nvtntcn :ed. odx£y�or repeal anyoer secoii, ordina ceegulatiot�, or othe,provision of. The -re uir' .ents 1hts sectio" . e in addrtc .n:to r eke;; utrements " fan other section, ordinance; rule; aeon, ox thex provision of law, `".,;where . ypxovtsion o : this sec on imWN poses restrictions diferent from those -;` red byany :fltlier se 'tti n, ordinan . �3i^i ile, regulation, or oth :;provisionaFhaw, wlsichever provis on. is more. etive r'itnpooll ses hu `h ex protective s ndardsffor human heals :,o the environment shall control. Section 29.5 Severalility The provisions of this. ordinance. are hereby declared to. be. severable. If any provision, clause, sentence, ox paragraph of this ordinance or the application thereof to: any person, establishment,. or circumstances shall be held invalid, such invalidity shall riot affect the other provisions or applicationi of this ordinance.. Section 2%6 Ultimate Responsibility The standards set forth hereiix and :promulgated pursuant to this. section are MIMMum standards; therefore this section does not intend or imply that.compiiance by any person. will ensure that there will be no contamination, Pollution, or unauthorized dischargeof pollutants. Section,29.7 Discharge Prohibitions 29.7.1 Prohibition of Illegal Discharges. 29.TLI No person. shall directly or indirectly discharge, cause, or allow others under its control to directly or indirectly discharge into the MS4.any pollutants or waters containing any pollutants, other than storm water., 29.7.1.2 The commencement; conduct or continuance of any illegal discharge. to thestorm. drain system is prohibited except as described. as. follows, a.. The following discharges are exempt from discharge prohibitions established by this section, water line flushing, landscape irrigation, diverted stream flows, .rising ground waters, uncontaminated groundwater infiltration, uncontaminated purriped ground water, discharges. from potable water Updated Atne.5, 2017 tern Lake Consolidated Land Use.Ordinance ---Page.155 sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl `space pumps; footing drains, lawn watering, individual, xesidential.car washing, flows from riparian. : habitats and wetlands, de -chlorinated swr' An =4 pool discharges; and street wash water. b. Discharges or flow from ftte£ighting, and other discharges specified in writing by the City of Gera Lake as being necessaryto.protect.public Health and safety. c. Discharges `associated with .dyetesting, however. this activity requires a verbal notification to the. City of Germ Lake prior to thetime of. the test. d.. The prohibition shall not apply to.. any non -storm water.:dis.charge permitted under an NPDES permit, waiver, .or waste discharge :order issued to the discharger and adniinistered. under the. authority of the United:States Environmental Protection Agency (EPA), provided that the discharger. is in fiili.compliance with all requirements .o£ the perrm waiver, or order and.other applicable laws and regulations, and provided that written approval has been granted for any discharge: to the storm drain system 29.7.2 Prohibition of Illicit Connections 29.7:2 I.The. construction, use, maintenance.or continued existence of illicit. connections to the storm drain system is prohibited. 29:7.2.2 This prohibition expressly includes, without limitation, :illicit connections made in the past, regardless of whether the connection was permissible under law or practices .applicable or prevailing at the time of 29:7.2. A,person;is considered 'l7e in violas o :this section'ie person coranects.a line eonveyang f: f r,:,: sewage.to. the.IVfS or allows s}? ;a connecti to. c "nti�.nue. { vy a, _��:•:v� dam.:.. 6 L 29:7.2. °xzipxopes;cann ors in violatio Off tbis,-sectio3i roust b ':rliscoanecte`and redirect =if -`...... i [ necessary, to an a�proved ''nsite waste`vater manage n`ent-1,5ystemlorithe ran tary sewer system upon approval of the.City '29 7.2:5.Aiiy dr " or conveyance:" `at W notheen documented plans, snaps ox. equivalent,''aiid which tray, be connected to the storm. sewersystem, shall be located by the owner or occupant of that.property upon .receip.t of written notice of violation from the City of.Gem Lake.requiring that such.locating be completed. Such notice. will specify a reasonable time period within which the location of floe drain. or.conveyance is to be determined, that. the drain ox :conveyance he identified as storm se.wer,..sanitary sewez.or .other, and.that the outM location or point of connection to the storm sewer system, .sanitary sewer system or other discharge po'i be identified.. Results of these: investigations are to be:docutnented .and provided the. City of Gem Lake. Section 29.8 Watercourse Protection Every,person owningproperty through which -a watercourse passes and/or contains .a stormwater inlet or catch basin; or such persons lessee, shall keep and maintain that part of the watercourse and/or stormwater inlet. or catch basin within the property free of trash, debris, excessive vegetation; and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or.lessee shall maintain existing. privately owned structures within or adjacent to -a watercourse, so that such.structures will not become a hazard to .the use,. function, or physical integrity of the watercourse. Section 29.9 Industrial or Conswuction.Activity`Discharge Submission of Notice of Coverage/Authorization to .the City of Gem Lake 29.9.1 Any person subject: to an industrial or .construction activity NPDES storm water discharge permit shall comply" with all. provisions of such .permit. Proof of compliance with said permit may be required in a. form acceptable to the City of Gem Lake prior to the allowing of discharges to the MSd. Updated.Ane 5, 1017 Gem Lake: Consolidated Land Use Ordinance — Page 136 29.9.2 The operator: of a. facility, including construction sites, required :to have an. NPDES permit to discharge storm ` water associated with industrial or construction activity. shall submit a copy of the �ovcrage noti cation. or notification of permit authorization to the. City of Gem Lake. 29.9.3.. The copy of the coverage notification or notification of permit authorization. may be delivered to the City of Gem Lake. either in person or by mailing it. to: City: of Gem Lake 4200 Otter Lake Road Genf Lake, MN 5511.0 29.9.4 A person commits an offense if the person operates a facility that is discharging. storm water associated with industrial or construction activity without haviiig.subinitted.a:copy of the coverage notification or notification of permit authorization. to do so to the. City of Gem Lake. Section 29.10. Compliance Monitoring 29,.10.1 Right of Entry: Inspection and Sampling The City of .Gem Lake shall be pennitted to enter and inspect facilities subject to regulation under this :section as often as -may be necessary to determine.. compliance with this ordinance. 29.10.1.1 If a discharget has; security measures in force which require, proper identification and clearance before entry into its premises, the discharger shall. make the necessary arrangements to.allow access to :re xe eratatives x}ie.:C�i f.GernLake.. — * 771::',11 ._. P._._.s 4 t5' 2 F, - k •,.a _ , EMIR x>.: V 29.10 2 Facili operators sh our the Ci ^ari Lake, rea y access to all pants of the etnises for the �.- p - .:- purposi<s=Maf ins eclion, sam lin� examim and o ng of re a%ds that must be keptund z:.'the.conditions p charge storm. ex and e:perform ce: av xadditional duties as defined by of at. N '�S emait tv°dis o ` . . . .: s,. state aui `e �'ederV. "� ;��;. :ter €.: 29.101 . rbe Ci = of Gem La�""<s'ME ha e the right to s ' > np on y;perlmtted facility such d ces. as are. ecessary.in.tile 'opuuon of the 'tybf Gem Lake to.con c In Loring and/orsampling or e facility`s sro water discharge. 29.10.1.4.Tlie. City of.Gem Lake has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling andmonitoring ecluipment.shall be maintained at all times in a safe and proper operating condition by the discharger. Sampling and monitoring activities and equipment, including installation,.xnaiptenance, and removal shall be at the discharger's own expense. All devices used to: measure storm water flow and quality shall be calibrated to ensure their accuracy. 29.10.1.5.Any tempoxary or permanent obstruction to:safe.and easy access. to the facility to be inspected and/or .sampled shall be. promptly removed by the operator.atthe written or oral request of the City of Gem. Lake and shall not be replaced, The costs of clearing such access shall be borne.by the operator; 29.10.1:6 Unreasonable: delays. in aUowing the City. of Gem Lake access to a permitted facility is a violation of a. storm water discharge permit: and of this .section. A person. who is`thr- operator.. of a. facility with. an. NPDES permit .to discharge storm. water. associated with industrial or construction activity commits an offense if the person denies theCityof Gem Lake reasonable access.. to the permitted facility for the purpose of. conducting any activity authorized or required by this ordinance. 29.10.2 Search Warrants If the.City of Gem.Lake has .been refused access to any part of the premises from which storm water is.discharged, and he/she is able to demonstrate probable cause to believe. that there -may be a violation .of this ordinance, or that there. is a need:to inspect and/or sample as part of a routine inspection and.:sampling program desigrif to verify compliance with this .ordinance or any order issued liereunder, or to protect .the. overall public -health, safety, and Updated June 5, .20I7 Gem:.Lake. Consolidated Land Use. Ordinance Pagg 157 ,velfare. of the community, then. -the City of Gem Lake may seek issuance of.a search warrant from any court of competent jurisdiction. Section .29.. 11 Requitement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices. The owner or operator of any activity, operation, or facility vab.ich may cause or contribute to pollution or contamination of storra water, the storm drain system, or waters of the United States shall provide,. at their own expense,: reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. through the use of structural and. non-structural Best Management Practices. Further,.any person. responsible for a property or pre u'se that -is, or maybe, the source of an illicit discharge, may be required to implement, at said person's eiipense, additional structural and non-structural BMPs to. prevent the.fiurther discharge of pollutants to the MS4. Compliance with all terms and conditions of;a valid NPDES perxrut authorizzing the discharge of. storm.water associated with. industrial or construction activity, to the extent practicable, shall be deemed compliance with .the provisions of.this section. These.BMPs shall. be part of a Storm Water Management Plan (SWMP) as necessary far. compliance with requirements of .the NPDES p.ennit.. Section 29.12 Notification of Spills Notwithstanding other requirements. of law, as soon as. any person responsible for a facility or operation, or responsible for emergency response for a facility or operationhas information of any known or suspected release of materials which are resulting or .tray result in ill egal.discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessarysteps to. ensure the -discovery, antartmsent, and cleanup?oi stxrh release, at their own expense. In the event'vf such�aa release rf 7aazardous';materials the event of one or email of the ant shall also retool i record slaall be. re; is a viokb` of this iicy response a ties of tlae ciFrrence via emergency materials; sdidlperson shall not fyzthe City of Gem Lake in ess day: vFcatr''ns in persooz ''ar bar hone shall be conf 3em:L ysithin 2}.bu '' s qs', s:of'tlie phone no tir `ram: r From. a ammeretTridusrNrestahlishment, the owner ...�.. ite wri record -of &discliaxge.and the actions taken tc 5r at�east three (3). yes'Fail ta. provide notification of Sectiori 29.13. Violations, Enforcement; and Penalties 20J11 Violations on or.by i by written the aerator of rent its lease as. It. shall be unlawful for any person to violate any provision or fail to comply: with any of the requirementsof this section. Any person who has violated or continues to violate the provisions of this ordinance,may be subject ta.the enforcement actions outlined in this section or maybe restrained. by injunction.ar.otherwise abated.in A. manner provided: by law. In the .event the: violation constitutes an immediate danger to public health or public safety, the City .of Gern Lake is. authorized to enter upon the subject private property, without.giving prior notice, :to take. any and ail measures necessary to abate the violation and/or restore the property. The City of Gem -Lake is authorized to seek costs of .the abatement as outlined irn Section 20. 29.13.2 Waxaing Notice When the City of Gem Take finds that any person has violated, or continues to: violate; any pxovisiQu of`this .section, ox:any.order issued: hereunder; the City of Gem Lake may serve upon that person. a. written Warning. Notice, specilF irng the particular violation believed to have occurred and requesting the discharger to immediately investigate the. matter and to seek a resolution whereby any offending discharge will. cease. Investigation and/or resolution of the matter in. response to the Warning Notice.in:no way relieves the alleged violator of liability for any violations occurring before or after .receipt of the Warning Notice. Nothing in this subsection shall limit the :authority of the:Cit, (. Updated JuMe 5, 2017 Gein.Lake. Comolidated Land. Use Ordinance --Page 158 of Gem Lake to take any action, including emergency action or atiy other enforcement action, without first issuing a Warning Notice. 29.13.3 Notice of Violation Whenever the City of Gem Lake finds that: a person has violated a prohibition or failed to .meet a requirement of this Section, the .City of Gem Lake :may 'orda compliance by written. notice of violation to the responsible person.. Such notice may require without limitation, at their own expense: a..Tlie performance. ofmonitoring, analyses, and reporting;. b.. The. elimination: of illicit -connections or discharges; c That violatingdischarges, practices; or.operations.shall cease and desist; d. The abatement or..remediation of storm water pollution or contamination hazards and the restoration of any.affected property; and e. Payment of a fine to. cover administrative. and reinediation costs; and f.1be:implementation of source control or treatment 13MPs. If abatement of a violation and/or, restoration of affected property is required, the notice shall set forth a deadline. within which such remediation or restoration must be: completed. Said,notice shall further advise that; should the. violator fail. to remediate or restore within the established deadline, .the work will be done by a designated. ertt rental a en or on act�sr•:and; the ease. th eO . shall be char # ties'tlxe'vi slatOr r x • x ah g c3' -:; .:.,;.P. - ht F; .s: mvzfar�=�w;;•,.:;:., V;14 Costs ec eerin fee €court costs ri addition to evther erialties: provided fiexein, pity o 'Gem Lake atx Qxrer era g , +Kourt.reporter'9 _eiys; att ryr}ieyi ees pan other expenses'vf lttigatauzl:or en i reineiit"by ail appropriate a tSion against regale its; and perms .issued the person or tity fou dtv. have v Ia this ordinance os tleoxdeis es do 29`2=5`Susenson of M54'Access 29..1.5.1. Emergency Cease and Desist Qrders. When the City of:Gem Lake finds that any person -has violated, or continues to. violate, any provision of this ordinance,. or any order issued hereunder, or.that :the person's past violations. are likely to recur; and that the person's violation(s� alas (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States.whiclh reasonably appears to present an iinixuzaent or substantial endangerment to the health or welfare of persons or the environment, the City of Gcm Lake may issue an order to the violator directing it iirimediately.to. cease and desist.all such violations and directing the violator to: a. Immediately comply with all. ordinance requirements; and. b: Take such appropriate: preventive action as may be needed to properly .address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. 29..15:2 Any person.notified of an emergency order directed to it under this Subsection shall immediately comply and. stop or eliminate its endangering discharge, In the.event`of a discharger's failure to tntnediately.comply voluntarily with. the. emergency.order, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize harm to .the MS4 or waters of the United States, and/or endangerment :to persons or .to the environment, including immediate termination. of:a facility's water supply, sewer connection;. or .other municipal utility services. The City of Gem Lake may allow the personto recommence its discharge when it has detnonstrated to the satisfaction -of the City of Gem: Labe that. the.petio.d.of endangerment has.passed, unless furthertermination proceedings are initiated against the discharger under this ordinance. A. person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall.subtriit a detailed written:statement,. describing the causes .of the harmful discharge and. Updated June 5, Z017 Gem Lake Consolidated Land Use Ordinance —Page 159. the measures taken to prevent.any future occurrence, to. the City of Gera Lake within five (5) days of receipt of the ernesgency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other -action. against the violator. s 29:15.3 Suspension Due.to Illicit Discharges.in EmtrgencySituations. The City of Gem Lake may, without prior notice; suspend MS4 discharge:access to .a person. when such suspension is necessary: to stop an .actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to. the health or welfare of persons, or to the MS4 or waters of the United. States. If the violator fails to comply with a suspension order issued an emergency, the City of Gem Lake may,take such steps as deemed, necessary'to::.prevent or *nin+*'n+7e damage to. the MS4 or waters of the United. States, or to.m{nimize danger to persons. 29.15.4 Suspension Due to the. Detection of Illicit. Discharge. .Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such. termination would abate or. reduce an illicit discharge. The City of Gem Lake ivi}1 notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Gem. Lake for a.reconsideration and hearing. 29.15.5 A person commitsan offenm if the person reinstates MS4 access to premise terminated pursuant: to this: Section, without the .prior approval of the City of Gem Lake. Section 29.16 Civil penalties :In hepvent_„the alleged :olatot & s`-to take the remedial -measures set foj C f.. 'violatoo S.'d S er 0Xftsy or such ;•fall5"t0'�CLIfB-�1.7� ,.. a Cril]'etl`tl? etnzwltl]1.i1 ten �.; } ; Y ;deem:appropn ie after •s e�City of Gem rake has taken"dn �=v.,,r^ more oft `Lake may im ❑sea. en of to:excee'i 040:OD d endln"':on the se # Y p P 'S' �� g.., [ijnolation xemain;un-r edtea ::reces t of the nave o£ va lation.. Sectionk 24i17 Criminal ena ties :AuyiQersoi%iolating an 'af the.provision�so�I£ thft;�s<.Section si?all heti�" "n ty 'tlieYeof`sk all be shed'by a fine of not iriote than $1,000.00 or by` i npi or. both. Section 29.18 Appeal of Notice of Violation ons described above, .City of Gem. of the violation) for e`el_i day the TZ'F. Rr.: S §demeanor and upon nviction caf for not to exceed ety (90) days Any person receiving a Notice of Violation may appeal the determination: of. the City :of Gem Lake. The notice of appeal must be.received within thirty (30) days.from the date of the Notice of Violation, except in the instance where A Cease and Desist Order is. issued as described in Section.13, then the notice of appeal must be received. within ten (1.0) days from the. date of.the Cease and Desist Order, Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) •days from. the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. Section 29.1.9 Enforcement Measures: after Appeal If the violation has not: been corrected pursuant to the requirements set forth in the Notice of. Violation, or, in the event of an.appeal, within ten (10) days of the: decision of the.municipal authority upholding the decision of the City of Gem. Lake, then representatives. of the City of.Gem Lake shall enter upon the subject.private property and are: authorized to take any and all measures necessary to abate the violation -and/or restore -the property. It shall be unlawful £or:any person,. owner, agent or person in. possession. of:any premises to refuse to allow the government Agency= designated contractorto enter upon tha premises for the purposes set forth above... Section 29.20 Cost of Abatement of the Violation Within forty-five (45) days after abatement of.the violation, the owner of the progeity will be notified of the:cost of.: abatement,.: including adriziriistrative.`costs. The property. owner may file a written protest objecting to the amount of Updated June 5, 2017 Gem Lake. Consolidated Land Use Ordinance. --Page 160 the :assessiient within thirty (M) days..If the amount due is not paid within a timely manner as determined by the ( decision of the.m*cipal authority or by the expiration of the time in. -which to file an appeal, the charges shall become a special assessment against the propertyand shallconstitute a lien: on the property fox the amount of the assessment Anypersan violating any the. provisions. of this article .shall become liable to.the City of Gem T:ake.by reason. of such violation. The.liabiiity shall be paid in not iriore than twelve (12) equal payments: Interest at the:rate of eight (8) percent per annum shall be assessed on the balance beginning on the first day following discovery of. the violation. Section .29:21 Violations Deemed a Public Nuisance. In. -addition. to the:en£orcement processes. and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is: a ducat to public health, safety,. and welfare, and is declared and deemed a nuisance, and may be. summarily abated or restored at the violator's expense,and/or a civil action to abate; enjoin, or otherwise. compel the.cessation of such nuisance maybe taken. Section 29622 Remedies Not Exclusive The remedies listed in this section are not exclusive of any other .remedies available underany applicable federal, state or local .law and it is within the discretion of the authorized. enforcementagency to seek cumulative remedies. The City of Gem Lake.tray. recover all :attorney'. fees court. costs and. other expenses associated. with enforcementof thins ordinance, including sampling and thonitoring:expenses. Section 29,23 Effective.D.ate. lire :)m and aft its passage UpdatedJune 5, 2017 Geni.Lake ('onsolidated Land Use Ordinance —Page 161 SECTION 30 - ADOPTION AND ENACTMENT Section 30.1 The Ordinance changes contained herein will take effectimmediately uponadoption by the City Council :and publication of a sun -unary of this document,.but not later than thirty (30) days from the date.below. Section X2 The Legend of this.Ordi_nance shall be updated -to reflect the date and changes made. Section N 3 This axdinance, previously identified as Ordinance: No.:43I shall now be known as.City ofGcni Lake Consolidated Land Use Ordinance which -replaces and. supersedes all previous. versions of same. Section 30.4 This .City of Gem Lake Consolidated Land. Use Ordinance was unanimously adopted with amendments &6ned.in Ordinance No: by the City Council of the City of Gem. Lake on the day of in the year and ordered for summary publication in the City's official newspaper. CITY Or GEM LAKE ATTEST: Robert Uzpen: Updated: Updated: L Updated June.5, M17 Gem Lake Consolidated Land Use Ordinance —Page 162 APPENDIX `A' CONSOLIDATED LAND USE ORDINACE CITY OF GEM LAKE Consolidated) Combined .Defwitions— vanaus ordinances &sections ADMINISTRATIVE APPROVAL - An approval provided by the Zoning Administrator for a Zoning Compliance Permit when no action is required by .the City Councilon.a developmeatplan supplied in.accordance with. Section 9.8 of this Ordinance. Note:- No Conditional Uses or Variances. may be. requested to use this approval process. ACCESSORY USE OR STRUCTURE A use or structure. or:pordon.of•asiiuddure subordinate to. and serving the principal use or. structure. on the same lot. and customarily incidental thereto.. ALLEY - A public right of=away which affords a.secondary:meansF6f access to..ali"the property.. ALTERATION OR. ALTER - When used in connectiori witli pub c waters. or wetlands; is any activity that will .change or.. dirninish the course, current or ctoss-section of public waters or.wetlands. ANIMAL HUSBANDRY -.A use in which aniii als..are reared or ke§'tj *'der to sell, consume or donate the animals or their products, such as meat, fur or eggs. .ANTENNA - A.device used to transmit and/or exterior of or outside of any building arstructur wireless.communications.,.:cellular personal4 oiu dish,short-wave. receiving or AniatCur Radio . ca ion or radio signals whichis located on.the. k1inited to; broadcast radio or television, ispatch type system, microwave or .satellite and Secondary use antennas. ANTENNAS; ACCESSORY AND`. ECONI3ARYUSE - Radio and. television receivingantennas, satellite dishes,. TYRO antennas three (3) meters or Iess in diameter; sort wave rai. 9; ecer�nng antennas, those. antennas necessary: for the operation of a :Federally licensed Amateur Radio .station, `and towers f antennas for radio systems operated. by the City of Gem Lake. APARTMENT/CONDOMINIUM--'-:A. structure. with more than two.dwelling units on a.single lot. Mote - This. is Building Template 9 for the Gateway District. APPLICANT - he owner. of land, or the owner of a leasehold interest therein, or the owner's authorized representative, or.A governmental entity. proposing an action or. development requiring City development review and. approval or the issuance of a permit for the development of lard - APPLICATION - Any application for development permit or development. approval pursuant to this Ordinance andwhich application was not complete and filed on or before the date of adoption of this Ordinance. AQUACULTURE -A use in which:.food.fish, shellfish.or other marine foods,.aquatic plants or aquatic animals are cultured or grown in a body of water in. order to sell, consume or. donate them .or the products `they produce. ARCADE Continuous, occupied cover (such as a balcony) over the entrance or entrances. to a building. AUTHORIZER ENFORCEMENT AGENCY -- Employees or designees of the. City of Getty Lake.designated to enforce Updated rune S 2017 14ppendix 'A' Genf Lake. Consolidated Land. Use Ordinance Definitions. Page I this ordinance: AUTO ORIENTED LAYOUT - Alternative layout standard'for Single -Use Buildings and Retail/Office.Buildings designed and. intended. for occupancy by automotive service business using drive —thru bays, service bays, or a. combination thereof. Note =This is.Building Template'..15 for the Gateway District. BASEMENT - That portion of a building that. is partly or completely below ground level. BASEMENT, LOOK OUT -.A Look -Out basement has the walls extended sufficiently above ground level so that some of the basement windows are completely above ground level. For purposes of this definition, the exposed windows must be at least three (3' feet: in:height.with.the bottom of the window not less than. one (l'} foot above ground level before that basement shall be considered a Look Out type, BASEMENT, WALK OUT - A Walk Out basement (also kn9wn.is a Dayh6t Basement):is used on a .sloping lot where typically the rear and/or .one: of the two. sides are above grad rid 'p: of 'the. baseirient_is aboveground level, Occupants can. walkout at that point without' use of stairs, ramps; lifts'and the Iike:. BASEMENT, WALK UP - A basement which has an, exter'ok"z',e s_it via a §tairwell or ramp.'St one designs cover the stairwell with angled basement doors to prevent rainwater from accumulatirikj' the staiizvell.. BEDAND BREAKFAST (B & B) - A zc prearrangement for delinitc.periods notxnore not to. exceed eight (8) persons. :har%a :motel or hotel where, for compensation and by lodgings are provided for three (3) ormore.persons, but ..-::..:::. BEST MANAGEMENT PRA_ CTfGES'c{BMP.$): - Tec ides proven to be effective in controlling.. runoff, erosionand sedimentation including those documented iri;tbe Minnesota:.:'Construction Site Erosion and Sediment Control Planning. Handbook. (BWSR, 1988); Protecting 'Water Quality in Urban' Areas (1SDCA, 2000); the. Minnesota. Urban: Small Sites BMP Manual (Metropolitan -Council gl}1j;'Mirinesota Sto#- Water Manual (MPCA, 20.05); and other sources as approved by the. VLAWMO:.as sud': acurients'iriay be =ended, revised;or.suppleuiented. 4. BfOENGINNEERING - The use: of live plantings in constructed feature§ to stabilize streambanks'and shorelines. BLADE DUMETER`=,The diameter of le circle ereated..by the tips. of the turbine blades. when a WECS:is in. operation. BOARDING. HOUSE - A. residential building other than a motel or hotel where,. for compensation. and by pre -arrangement for definite periods not less than one week, meals or lodgings .are provided Eor thiee: (3) or more persons, but .not to exceed eight (8) persons. BUILDABLE AREA - A contiguous area of real property: within a lot. deemed suitable by best engineering practices for construction of a principal use structure with.no part of said. area of real property within delineated wetlands; rights -of way,..set- backs , or easements. BUILDING.- Any structure' }laving: a roof, which may provideshelter' or enclosure of persons,. animals or chattel, .and when said structures are divided. byparty walls without openings, each portion of.such building so separated shallbe deemed a. separate' building. Updated June 5,. 20.17 Appendix 'A Gent hake Consolidated Land Use Ordinance .Deftnitions Page. 2. 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 1 alb for the Gateway district. BUILDING, . LINER - A building that conceals from street view a Single -Use. Building for which it is impractical to design compliant front of side facades (such as a warehouse .or a parking garage: Liners may have retasl.or office. uses on the.ground floor and .office:. and residential uses..on the upper floor. Note This is Building Template 14a. for. the. Gateway district. BUILDING; MIXED USE -. A structure with vertical.mixture of uses. The upper floors .may be used of office. or residential uses and theground floor may be used for office or retail. Note - This. is Building Template 12 for the Gateway district. BUILDING HEIGHT (see Height, Building) r '' e4. .. BUILDING .LINE - A line parallel to .a street, road or private way.'or the ordinary hi& -water level of a.water body at any level of a building and representing the minimum distance which gall> any: part of the: buildi: i9' set back from the said riot -off way or ordinary. high: water level, k. BUILDING; RETAIL/OFFICE - A buildingdesigned for occupaiacy;bp retail and office uses where the building is intended for subdivision into .tenant spaces with no residez t- ib'I""carnporient Note = This .is Building Template 13 for the Gateway BUILDING, SINGLE USE - A:l�i Mib designed fo becupanry.., y:retail, service of office uses .on. the grqund floor with an optional mezzanine. May.also::be'used . as a te+xaplate for pli~ ng a;stE as o' net aazldng.:strucrurc in a proposed development. Note - This is Building Template :14. for the Gateway district:: BUILDING SETBACK - The maximum liozizontai distance b tween the building and the lot line. BUILDING 7)fPE TEMPLATES Figures';G through 15 are -the: Building Type.Templates of the Gateway District These templates contain'all.regulatory infor hi tiaragovezping..the dimensions .of lots and the dimensions, setbacks, height,.. placement and use of buildings`Yn the Gateway District The Tertus and concepts used with the Building Templates are further defined in Sect 9.5.2 of the Gateway District section .of the City o'f.Gem Lake Zoning Ordinance. BUNGALOW COURT Four or more smaller, standalone Homes around. a shared central court or walk on a single lot, with pedestrian. access to the street. Note - This is Building. Template 10 for the Gateway district - CANOPY - A freestanding permanent root -like shelter no attached to or. requiring support from an adjacent. structure. CARPORT - An. automobile shelterhaving one or more sides open. CHANGEABLE COPY - The letters, symbols, logos or .other graphics which make up a. sign's communicative message, if they are placed. on the sign by electronic or electrical means (a message center or dynamic display) or which can be replaced manually through use.of letters and symbols in a panel mount or track system.. Updated June 5,. 2017 Appendix 'A' Gem.Lake Consolydated.Land Use Ordinance Defittr;ions Pagel 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 _ T1ie City of Gem Lake City Council. CITY FORESTER. -- A. forester:appointed by the City of Gem Lake.. CLEAN WATER. ACT - The federal Water Pollution Control Act (33. U.S.C. § 1251 et seg.), and any subsequent amendments thereto. CLUSTERING - A grouping of residential or other .structures arranged -without regard to normal lot lines. and set -backs but with the exptess intent of presexvi g open spaces and natural resources £tit cpi[inumurtity use, establishing a.sense of community among owners f residents and reducing the cost and impact of infrastructure development and service delivery.. COLDFRAME -An unheated outdoor structure with a.ftame3otwood or similar xn'h axal and! top.:of.glass or.clear plastic, used for protectirig.seedlings and plants from the.cold. COLLAR BUILDING - Structures :accompanying a comxnercia Se ' A large parking requi ements,' intended to mairitain storefronts and. entrances on the public street This S.Building Teznpiate lob for the Gateway -distract: COMMERCIAL BROADCAST SERVICES - Licensed cp uerctal radio ''ox: television services transmitting signals for xeception by the:general public. ..::, COMMERCIAL WIRELESS, TELEC MMUIVICAT QNS SERVICES - Licensed commercial Wireles telecommunications services it i&ding' cellular ;personal coirrSniiinications services. (PCS), specialized. mobile radio (SMR), enhanced. specialized mobilized radio,[ESMR);.'agiiig and similar services that are marketed to the general public. .:...:::::. COMMUNITY.:GA:R:bEN -.An:area of!arid managed 'and:maintauied by.a..group af.individuals to grow plants and. harvest food crops for: personal. or group use,: cowumption'Or donai o . Cozzimuzuty gardens may bedivided.into separate plots for cultivation by one rpr. more 1ndividuals-oi;.may be-fasmed.:collectively by rriembers of the group, anal may include common areas maintaincd.and used `i y:group mctnbimr -: ..::.: CONIFEROUS%EVERGREEN TREE LA woody plant which, at maturity, is at least thirty (30'} feet'in. height, with a single trunk; frilly branched to the ground, having_foliage on the outermost'portion of the branches year round. CONSTRUCTION ACTIVITY - Disturbance to the land, including' but not limited to clearing .and grubbing;. grading, excavating;' and demolition, which results in a change 'in the topography, existing soil cover (both vegetative and non -vegetative), or the existing soil `top ography'that may result in accelerated storrnwatet runoff,' leading to soilerosion:' and the movement. of sediment into surface'waters or:drainage systems. Activities' are subject to:NPDRS Construction Permits. CONTIGUOUS - Areas of realproperty:actually.in contact with.'one: another or touching along a Uoundary.and also touching. or connected throughout' in an unbroken sequence- .Realproperty.sepatated by a body 'ofwater or designated wetland shall not be considered contiguous regardless of whether the -real property under the body.of water or wetland has common ownership. The routingof a. driveway through a: parcel of real property shall not be considered as separating same so as to make the portions created by the driveway not contiguous. Updated June 5, 2017 Appendix 'A'' Gem Lake. Conmlidated.Land Use Gr•dinance:Definitions Page 4 CONDOMINIUM,. RESIDENTIAL -the absolute ownership.of an apartment or a.resideatial unit (generally in a multiunit building} based on. a:legal descsipdon..of the airspace of the unit. actually occupies, plus an undivided. interest in the ownership of the common elements, which are. joined with the other. condominium unit owners :all as providedby.state law. CONDOMWLTM,. OFFICE - the absolute ownership of an office or: a commercial unit. (generally: in a multi unit building) based on -a legal description of the..airspace of the unit: actually occupies, plus an undivided. -interest in the ownership of the common elements; which are joined with the other office condominium unit owners all as provided by state law. CRITICAL ROOT ZONE -An area under a tree. equal to one and. one-half (1'6'.') feet of radius for every one (1 ") inch of tree diameter (e.g A 20" tree has a critical root zone of W radius. or 60' diameter). DEAD STORAGE:- The permanent pool volume of a watet basiia; or the volume below the rL=ut elevation of a water basin. DECIDUbUS TREE -A-woody plant which, at.maturity,.is:atleastrvic6ty`(20 feetin height, with a single trunk, un-branched: for several feet :above:the ground, having ::a:defined.crown which loses "Imes mi'i lly. DETACHED HOUSE, SINGLE FAMILY One dwelli g on one. lot,, detached fzom .other adjoining lots. Note - This. is Budding Template G .for the Gateway District DETENTION BASIN - Any natural or manmade. depression fort-b" I t agora ry rtorage of runvf£ : DEVELOPMENT The construction -of any. public im' rovement ro' c ':infrastructure, structure, :street; or road, or the Y P p Vital subdivision of land. DEVELOPMENT {OR MASER}' p7'AT17 A plan supplied by the applicant: for a project that ,...,.;::.;. tx..: contains.all of the up -dates andchanges identi&d in the Pre]iii any Plan. See section 9.7.1. Step No: 4 for details. DEVELOPMENT ACREEMEN'P- An..agreement: supplied''t: the pity by the applicant .to.describe the. development that wi716e completed aucl tlie:.tuic.table for completion. DEWATERING. - The removalof dater for construction activity. DRAIN OR.DRAINAGE :.- Any metho&'f rremoving or diverting water from waterbodies,.including excavation of an open ditch; installation of subsurface drainage :tile; filling, diking or. pumping. DWELLING _ A Building or one (1) or more portions thereof occupied or.intended- to be occupied exclusively for residential purposes by a person;. but not including rooms in motels, hotels, nursing homes, boarding houses; nor trailers; tents, cabins; motor homes or trailer coaches. DWELLING, ATTACHED. - A dwciling which is joined to another dwelling. DWELLING, DETACHED - A. dwelling `which .is entirely surrounded by open space on: the same lot (See also, Debi hid Horne, Single Faini ) DWELLING, TWO-FAMILY= A structure.contmmug:two (2) dwelling unit; neither of which is an accessory apartment, each of whichis totally separated from the other by an un-pierced wall extending. from the ground to roof, at an un-pierced: ceiling and floor extending: from. the .exterior toboth dwelling units. Updated Tune 5; 2017 Appendix `A' Gem Lake ConsolidatedLand Use Ordinance Definitions Page 5 DYNAMIC DISPLAY -.Any characteristics .of a sign that appear to have movement or that -appear to change, caused by any method .other than. physically removing and replacing the sigh or its components; whether the apparent movement or .change is in the display, the sign structure itself, or any other component of the design. This includes. a. display that incorporates a technology or method allowing the sign face to change the image without leaving to physically or: mechanically replace the sign face or its,. components, such as light -emitting diode 0=) displays, plasma displays, liquid crystal displays. (-CD) or other technology used in commercially available video monitors. EASEMENT - A grant by au owner of land for the use of that land or :a speciftc:portion thereof for a specif'ic.limited purpose by a person or persons: Thepurpose generally shall be for public .utility facilities. such as underground utilities, including but:not limited to -sanitary sewers, water mains, electric lines; telephone lines;.storm sewer -or stornn drainage.ways and..gas: lines. ENCROACHMENT - A porch, deck,. balcony, patio or similar unenclosea. space, or an. awning, that extends into space that is otherwise reserved .for setbacks or public .right=of way. Permitt d '.encroachments :are indicated.on the Building Type Templates. .ENERGY DISSIPATION - Methods employed at pipe. ou"t.0 prevent erosion including:but not.limited to concrete aprons, riprap, splash guards; and. gabio..ns. EROSION AND SEDIMENT CONTROL VLAN - A plan ofj06`66ii equivalent measures: -that includes all. proposed alterations.to real property and the methods to be`''n"d ye A. before undertaking the proposed alterations to control runoff and erosion and to retain or: control sediment on land 3ring't%epexiod of land disturbing activities - ESSENTIAL SERVICES - The erection constructio - .alteration ar maintenance°of public utilities or municipal departments of underground or overhead teI 'h ''e 'gas; ,electrical, comrinuriicatfan; water and% -br sewer: Radio an television broadcast; cellular and T'CS transmission/receptton.suppare_siructures sia3l`rot'be considered an essential service. ESSENTIAL. SERVICE STRUCTURES -:Structures inclur3iug,.liutnot:liunited to, buildings :such as telephone exchanges, substations;. WeUs,.pnii llifations and°elevated Ea &' : EXCAVATION.- The artificial removal.of soil=or. other.earth material. EXTRAORDINARY°M.ANAGEMENT PRACTICES OR REDUNDANT. BMP.= A stormwater management practice to control erosion. and sediv entation acid nutrient loading during and for two (2) years after construction using redundant Best Management Practices. FAMILY - An .individual, or two or.. more persons each related by blood; marriage oradoption, living together as a. single housekeeping. unit; or..a group of persons not so -related, maintaining a common :Household and using common cooking and kitchen -facilities. FAMILY DAY CARE HOME a residence or portion of a residence licensed by the Department of Human Services under chapter 950..2 for :no more than ten children at onetime of which no more than six are under school age,. and must.meet Group R, Division 3 occupancy requirements. FILL - The deposit of soil or other earth material by artificial means. FILTRATION PRACTICE - A stormwater control thatcaptures, temporarily:stores; and: routes stormwater runoff through a filter bed to irnprove water quality; as described in the Minnesota Stormwater.Maiival,005,.and as amended: Updated dime 5, .20I7 Appendix A.' Gem. Lake Consolidated Land Use Ordinance Deftnittons Page d ` FINAL PLAT ,AND MASTER PLAN SUBMISSION -'The. development dats ic-submitted to the City after the Preliminary Plan for a .project to.`be approved by.the. City. It. should contain the Final Subdivision Plat.and the Final Master Plan for the project with all changes and other data requested thru the Preliminary Plan procedure. FINAL STABILIZATION - means that either: a) Alll soil disturbing activities. at the site have been: completed .and a ctnYonn .(e.g., evenlydistributed; without large Bare: areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the large area has been established on: allunpaved: areas and areas not covered by .permanent structures; or equivalent permanent. stabilization measures (such as the use of rip -rap, gabions, or geotextiles) have been employed; or b) For individual lots in residential construction by either- (i) The.homebuilder completingfinal stabilization. as specifed'albave; or (ii) The homebuilder establishing temporary stabikatigr ;. ' dudisig perimeter controls .for:an individual lot.privr to occupation of the home by the homeowner and informia', ze. homeowner of :the need for, and.. benefits of, final stabilization. c) For . construction projects on land used for a€ stabilization may be accomplished by returning the that were notpreviously used for agricultural actin drainage systems, and areas which are not being x stabilization criteria in (a) or.(b). above. FLOODPLAIN - The area adjacent to, a wa purposes (eg:, ;pipelines acrow crop or range land) final land.to its pxecou§truction agricultural use. Areas disturbed as buffer.strips immediately adjacent to surface waters. and their preconstructi,on agricultural use must -meet the final ' %G d duiiiig a 100-year £food. FLOOR AREA.- The sum of the grass horizoxttalareas of"tlae'sereral flozs.,a£ a building including interior balconies, mezzanines, basenaeizts :and.:attacliEd'accessory buildings; but noi} exceptuig that`4area primarily devoted to window display, �::. storage, fitting rooms, stairs, escaiatdrs; `une . ..o ed porches; detached acce.s.ko y;buildings utilized. for dead storage, heating and udEty-rooms, inside off street park g or loading space.. Measurements shall lie made from outside: of exterior walls. FOOTPRINT, BUILDING.- The. building.. potpi' is the area occupied by the horizontal projection of the building's first floor; excluding the't]oot.area of the attach.. hairages and pflrchcs``a or decks built as allowed encroachments..into setbacks. FREESTANI?ING. - Any sign affaxed in or upon the ground, supported by one or more structural.manbers;: with air.spxce between the:ground`arid 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 - PRIVATE - A. detached accessory building or.portion of the principal building, including a carport which is used primarily :for. storing passenger vehicles, trailers .or one (1) truck of a. rated capacitynot in :excess of seven thousand. (7,000) pounds. GRADING - Changing the natural. or existing topography of time land. GREEN SPACE -.An. area of sealproperty on.a lot.which is similar to Open Space, but the general intentis to promote.natural areas. Green `space includes, brit is not limited to, wetlands, .prairies and .grasslands, pastures, forests: and wooded areas, mixed. forest and grasslands,.landscaped areas exclusive of impervious surfaces. within the landscaped areas,or. any other naturally . occurring land form: Updated Jtaie 5,.2017 AppeY1dix A Genz Lake Consolidated.Land Use. Ordinance Definitions. .rage 7 GROUNDWATER RECHARGE - The replenishment of groundwater: storage through infiltration of surface runoff into subsurface aquifers. HAZARDOUS MATERIALS - Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical,:chemical, or infectious characteristics tray cause., or significantly contribute to, a substantial present ot.potential hazard to human health, safety, property; or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. HEIGHT, BUILDING -.A distance to be measured from .the ground level six (Gb") feet.from the front door of a structure: to thc1igbest point of the roof, excluding chirnueys;`weather vanes, cupolas, ai ievnas and the like. HOBBY ACTIVITIES. - Any activity or intexest pursued for pleasure-or,relaxation and not as amain occupation and meeting. all the followingrequirements: when normally engaged in only by te'persoas residing. in :the :dwelling: where the. hobby is. pursued; when evidence of the hobby is not visible. from the street gr.if visible is lot offensive or such to lower neighborhood property values; when pursuit of the hobby does .not interfere witli enjoyment.of neigl oringproperty by its owners. HOME OCCUPATION - Any gainful occupation of n.4 "'.es dentiai. nature conducted ;entirely within the dwelling of accessory building and carried on only by the inhabitants and no vre tha "one. .non-xestde it thereof, which use is clearly incidental and secondary .to the use of the dwelling:.for residential puzios- ;s No articles -may be.sbd or offered for sale except as.:maybe.produced on the pretruses by membrxsof;The.unmediate fawiily residing therein. Home occupations shall not.include the repair of internal combustion engines {other,, an . sx Gail .engine. rep }, .body .shops, :machine:.shops; welding shops, contxacing:. or .landscape type businesses requiring :sate'storage of comzrtei eal equipment or -Other objectionable uses as detettnirsed by the. City. Council. The home occupation'k. in not be�canducted ii zi iixe than twenty-five (25} .percent of the floor Area of the dweJlang or. four laund ed'(4bQ) square.feet,.wliichever iseless :- There s]iall`lie no outside display of goods or storage of equipment or material used a. in t] "Home �c..cupation," HOOPHOUSE -.A .structure .made. of PVC' piping or other`3natexiai covered with translucent plastic, constructed irn.:a half - round or hoop shape..,:..:.. :.. HOUSING,:LIFE IFE `CYCLE.- Housing avalible.for poop le'at all stages of their,lives. This housing maybe owned or recited single family detac}1e[l housing or coridominiu6 and townhouses. Most people when they move from one. housing type to another, due to chahgwg needs and circiunstarices,.want to stay in.the:same conuppnityif possible. Life -cycle housing.needs to meet the changing need 'nf people as theik incomes and circumstances change. HYDRiC SOILS - A soil: that fgrmed .under <conditions of saturation, .flooding or ponding long enough during the growingg season to .develop anaerobic coriditions in the upper part. ILLEGAL.DISCH.ARGE - Any direct or indirect non-storni water discharge to the storm drain system, except. as exempted in Section 29.7 of the Consolidated Land Use Oxdinance. ILLICIT CONNECTIONS - An illicit connection is defined as. either of the. following: L Updated June 5, :2017 Any drain or conveyance; whether on the surface or: subsurface that allows an illegal discharge to enter the: storm drain system -.including but not limited. to any conveyances that allow any n-storm -water discharge including sewage, process wastewater, and wash water to enter. the storm drain:: system. andany connections to the.storm drain system from indoor drains and. sinks; regardless. of whether. said drain .or connection. had been previously allowed,, permitted, or approved by an authorized enforcement agency or, Appendix 'A Gem .Lake Consolidated Land Use Ordinance Definitions page 8 It Any drain or conveyance connected from a cozn=ercial or wi dustrW land use to the storm drain system that has not been. documented in plans, maps, or 'equivalent. records and approved by an authorized enforcement agency. IMPERVIOUS SURFACE -means. a.constructed.hard surface that eitl3cr prevents .or retards. the entry of water into the soil .and causes waterto run off the surface in greater quantities. and at an increased 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 be applied to encourage. certain types. of land use or preservation activitywithin 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,. the allowances�which the Council.is willing to offer applicants; and. sufficient. viteria to all .the Zoning Administrator and the City Consultitits`:to evaluate. and score applications seeking to apply for these. incentives. and allowances. See Section 9.2.4 for. an example_:` ; iNDWIDUAL.SEWAGE TREATMENT. SYSTEM (ISTS) - A.faeility.for.r ceiving and..treating of sewage which is not a part of or connected to a public sewer system. INDUSTRIAL..ACI`IVITY - Activities subject to NPI)ES ridustrial Storm Water INFILTRATION PRACTICE - A stormwater: retention .method.; for. ihe:';purpose of . reducing:: the volume. of stormwater runoff by transmitting a flow. of water into the.ground through the s is"'as described in the Minnesota Starmwater Manual .2005, and as amended. � INFRASTRUCTURE -The system of ppblic.works f6a county; state;.or muni' ,ality including; butnot linnited to, structures, roads,bridges, culverts, sidcwalks;:..storiY water management facil tzes cpnveyance. systems and pipes; pump stations,. sanitary sewers and interceptors; hydraulic structures;�ermanent.crQsionxeorirrol and stream bank protection measures, water lines, gas lines, electrical lines and associateci..facilities, and;.phone lineS`kh' „sripporttng facilities. .INSTRUCTIONAL of DIRECTIONAL A.51L clearly intended for. instructional' purposes (example: signs identifying. the. different grades of'gas'at a gasoline pump); ortntended to`guide. traffic entering, exiting,. and traveling to particular locations on the property, KENNEL, PERSOi4AL - Any confinement: or stricture designed to contain and house up to three (3) domestic animals of various types which are owned by the occupants of.the premises and which is located on and maintained by the.occupant of the premises in residential districts for personal use only: KENNEL, COMMERCIAL - Any confinement or structure designed to contain :and house more than three.: (3) domestic animals ofvarious.types which is owned.by a.person, group of persons, corporation or other legal cat itywho own. andlor harbor said. animals in the City of Gein Lake for other than personal use. This type of kennel relates to land. use matters covered by the . Zotring or Land Use :ordinance. It is defined and may onlybe operated within. the Conditional or Interim Use regulations of the Zoning or Land Use Ordinance of the`City of Gem Lake. LAND 'ALTERATION -.Any modification, tree cutting -or removat, grading; clearing, fillingor other.'change to anypaxcel. of land includ ng.a. woodland, shore land. or natutal barrier within a five. (5) year period which may initially or cumulatively result. in: 1. The:movement of more.than four -hundred (400) cubic yards .of earth where significant trees are. present; or 2. Any alteration of land of:. Updated curie 5,' 2017 Appendix `'A' Gem Lake .Consolidated Land Use Ordinance Definitions Page 9 A: more than one (1) foot from the natural. contour of the. ground; or B. any contiguousfour-hundred fifty (450. s. square feet.of.ground where significant trees are.located; or. C. any cutting,: removal or killing of trees equal to. or greater than twenty (20%) percent of the significant( trees on any paxcel of land; or 3. Any.cutting,.removal or.kMing of trees equal. to'. or greater than twenty (201/6) percent of the significant trees on any Parcel of land; .or 4. Any destruction or disruption o£ tree cover equal to dr greater than twenty-five (250/6) .percent of the total tree cover on any parcel of land; or 5. Any, changes in the Natural Barriers provided bytrees or. shrubs along the borders of the City,along major roads. or between differing land uses, or .G. Any intensive vegetation clearance. (clear cutting) within a shore.land area. or on steep slopes, or 7, . Any other significant change in the natural character or topographV3of the land. LAND DISTURBING ACTIVITY - Any change of the land. surface: to include removing vegetative cover, excavatio..n, :£ill, grading, stockpiling soil, and the construction of any structure that riay..cause or contribute to. erosion or the movement of sediment into water bodies. The use of land for new anald continuing.agriculturaaetmties. shall not.constitute:a land disturbing activity under these Policies. LANDSCAPING. - Improvement and alteration of exposed'°ground through the establistinent of lawns, gardens,.planting of trees; flowers and shrubs,. grading; and othex :such methods usinga atuxal materials. LINER BUILDING -:A building that conceals�ftoru street view a Single -Use .Building for which it is impractical to design ;:..:: compliant.front.of side. facades (such as a warehouse.or"aj. id.dng.garagc), •I izaers may have retail or office uses on .the ground floor and office and residentiai uses.oa the :upper:'fioor NOTE -This is.Building Template 1}a:;for: the Gateway:;district.' LIVE/WORK UNIT - Integtatod row house _style dwellin' :vrut'and groundrfioor'working space of atleast. 3 units azraye .::,. side -by -side along the primary. frontage. Note - This is Building Template 11 for the Gateway district. LOT -A parcel o flaiid.occuped or uscd'or iritended`foi pccupanq or use ley a.use permitted in this. Ordinance. LOT OF RECORT} -Any lot whichas-:one.(1)iinit.of a plat. heretofore duly. approved and filed, or one (1) unit of an Auditor's 5uhdivision or a Registered Land survey :for aparcel`of land not so platuad, subdivided or registered, for which a Deed, Auditor's Subdivision or Registexetl Land.Survey.has'b.een recorded in the Office o£ the Register of Dee& -or Registrar of Titles for Ramsey County, Minnesota ,.prior.to. he. effective diipof this Ordinance. An. out lot is not a Lot of Record. t LOT AREA. - The .area of a.lot in a haiicointal. plane bounded by the lot lines. 4 LOT AREA PER FAMILY - The number of :square feet of lot..area required per dwelling. unit. LOT, CORNER - A. lot situated at the junction of, -and abutting on two (2) or rnoxe intersecting streets, or a lot At the point of deflection in alignment ofa continuous street; the interior angle of whichdoesnot exceed one.hundred thirt$r-five (135) degrees. LOT DEPTH.- The mean horizontal distance between. the front lot. line. and. the neat .lot line of :a. lot. LOT. IMPROVEMENT - Any building,. structure, work of . art, . or other object, or improvement of the land on which it is situated constituting a physical. beucrment;of-real property, or any part of such betterment. Updated June 5, 2017 Appendix A' Gen:.Lake Consolidated Land -Use Ordinance Definitions Page 10 LOT LINE - A lot line is the property line Bounding a lot except that wheee :any portion of a lot extends into the public right- of-way, the line of: such public right-of-way shall be the lot line for applying this Ordinarice. LOT LIVE, FRONT -That boundary of a lot which. abuts an existing or dedicated street, road. or private way, and in the case of a comer.lot.it. shall be the longest dimension on. such a.street; road or private way. If the dimensions of a corner lot are equal, the. front. line shall be. designated .by. the owner and filed with the City. LOT. LINE,. REAR - That. boundary.of a lot which is opposite .the front lot line. If the rear lot line is less. than .ten (l Q) feet in length,. or if the lot.forms a point at the .rear,. the. rear lot Brie shall be a line ten .(10) feet in length.within the lot, parallel to, and At the maximum. distance from the. front lot line. LOT LINE,. SIDE - Any boundary of a lot which is not a front lot line or arear:lot line. LOT., OPEN SALES OR RENTAL LOT - Any land used or occupied=fcirtithe,purposes of buying, selling,. or rental for use away from the.pren-uses;: any goods; materials or merchandise and for..thestoring�wine in the open prior to sale or rental. LOT, OPEN. STORAGE - Any land used. or occupied for''storing in.the open any materials, equipment, vehicles. of any kind or articles of any nature. LOT,. INTERIOR -A lot, other than a corner lot, including throug4-.1.0tsl; LOT, THROUGH Mot which has a pair of opposite lot lines abutting iwo (2) substantially parallel streets, and which is riot a corner lot.. On a through lot, both. street lines. shAU bl `front:1811litie f, -I this Ordinance: LOT WIDTH -The maximum: h6nzon distance betweeII the:side lot9ines of a lot measured within the first thirty (30) .feet of the lot depth commencing kthe- .Kont lot'liiie. If the lotos;'ari a cul-de-sac::ar: other: curved roadway the lot width shall be. measure& at the front building liiier MASS RATIO - When rasedon.a $oildl Type Tei plate, the percentages listed in: the Mass table defines the maximum area Allowed in the .horizontal prof of one or in relauon;to xhe area of horizontal .pxojectian of the building footprint and attached garage" -- MEAN - the: mid -point of two extremes.'- y MIXER USE BUILDING -A structurewith q vertical mixture of uses. The upper -floors may be used of :office or residential use s.and the ground floor may be.used forr offce or retail. NOTE - This is Building Template 12. for the Gateway district MOBILE HO1VME -.Any type. of structute or vehicle which can be readilyadapted to or does provide facilities for a person or persons to eat or sleep which is mounted on wheels, has provisions for wheels or may be.loaded on any ordinary flat-bed truck, such as. a _camper,. house: trailer, converted bus or. truck, tent or small building. MOTOR SERVICE STATION - A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motox.vehicles is offered for sale to the public and. deliveries are made directly into motor vehicles. MPCA GENERAL CONSTRUCTION PERNUT - General Permit Authorization. to. Discharge: S.tormwater. Associated With Construction Activity Under the National Pollutant Discharge EUminafio;n:System/State.DisposalSystem Pen -nit Program Updated June 5,. 2017 4ppendix ;4' Ge7n Lake Cbmolidated Land Use. Ordinance Definitions Page 11 Permit MN RIOD061 (NPDES General Construction.. Pern it) issued: by the Minnesota Pollutant: Control Agency, .August 1, .2008, and as amended. MUNICIPAL SEPARATE STORM SEWER. SYSTEM.. (MSS!) - The system of conveyances. (Inciuding :sidewalks; roads: with drainage systems,.municipal..streets, catrh.basins,.cuibs, gutters, ditches, man-made channels, or storm drains) owned and operated.by the City of GemLake.and designed or used for collecting or conveying storm water, and.thats not used for collecting .or conveying sewagc. MURAL - A picture on theexterior.surface of.a structure. A mural is only a sign for purposes of these. regulations. if it is related by language, :logo or pictorial depictionto the advertisement of any .product. or :sexvice or the identification of any business. NATIONAL POLLUTANT :DISCHARGE ELIMINATION SYSTEM (NPDES) - means the program fox issuing, modifying; revoking; reissuing; terminating; monitoring, and enforcing`petmits.,undex the Clean Water Act (Sections 301, :31.8, 402, grid 405) and United. States Code of Federal.Regulations TitleW, Sections. I31:7 1328,.1342, and 1345 and -Minnesota Rule Chapter 7090. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM .(NPDES.) STORM WATER DISCHARGE PERMIT - A permit issued by EPA (or by a.State .under authoniy. delegated`pursuarit to 33 USG;§ 1342(b)) thatauthorizes the discharge of pollutants to waters of the United; States, whether t e'- :- oQtis applicable on :an ivaiividual, .group, or general area -wide basis - NATURAL BARRIER Srxeening.pzor ded by a tree"ar. shrubb'er:b!4rier thatLact&:as a visual or noise barrier from roads, railroads and differing laud. uses, said barrier tlot.to exceed, rharty (30) feet in barrier depth. Wbeu. a Natural Barrier is part of a . . y�::: �}. Woodland; the Natural Baxder_sl%al[''l e.considrred fiie.iirst (30. feeti'oftl e.Woodland NON -DEGRADATION. - Section'3.03 .(Title`33:of United States Code [U.S.C] 1313) of the.Clean Water:Act (CWA) requires states.and. authoxized:txiles to adnptwaterquaiity standaris for wai-ers:of the.U_S. within their applicable jurisdictions.to maintain their chemical; pbysicai`aricl'lzolvcai integrity. No signdlcaiatinrr are lit stormwater runoff orpallutanf loads fxozia:20D5/2flOb numerical standards :is permitted. NON -POINT SOURCE -:Nutrient arid. pollution sources not discharged from a single point e.g. runoff from .agricultural fields; feedlots or urban landscapes. NON. -STORM WATER DISCHARGE -.Any discharge to. the storm drain systemthat is not composedentirely of storm water. NORMAL WATER LEVEL - For a: reservoir with a. Exed overflow,. means the lowest crest level of :that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, .it.is. the maximum level to which water. may rise under normal operating conditions, exclusive of any provision for :flood surcharge. For a closed depression wetland, it is the ni2ximum level to which thewater may riseunder normal precipitation conditions exclusive of any provision for flood surcharge. NOXIOUS MATERIAL(S) Material capable of causing injury to living organisms by chemical reaction, or is capable of causing. detrimental effects on the physical oz. ecoiaomic well-being of individuals. NURP — 11w Nationwide Utban Runoff Program developed by the Environmental Protection Agency to study :stormwater.runoff from urban development Updata.June 5, 2617 Appendix :A' Gem Lake Consolidated Land Use Ordinance Definitions Page 12 ` OFFICES - Structures, or portions of structures, in which commercialactivities take place: but where goods are not produced,. sold or repaired: These include: Banks; general offices, governmental offices,. insurance offices, real.estate offices, travel agency or transportation ticket offices, telephone exchange, utility.office, professional offices and similar uses which.:are operated -by the owner or his tenants. OFFICE; SHOWROOM -A building in which at least twenty (20%) percent of the €loox space is devoted to office activities, the remainder being used for either display;. storage, or research and testing. OPEN HOURS (ALSO "OPERATION") - The: time within the day in which a business inavites..customers, clients or the general public to the property or business location in order to.conduct the puzp�ose..of the business. These hours will. not begin earlier .than 7 A.M.,.and will not. extend beyond 8 P.M., unless approved by co aditipnaT use permit (see Figure 17), OPEN. SPACE -An area of realproperty on a lot which is .not covered by:impervious surfaces, structures, unpaved. storage, or designated parking areas. (see Green Space). ORDINARY HIGH WATER LEVEL - as defined by the,..: s of water basins, watercourses, public waters, and public watess`.wwth I. The ordinary high water level is an elevation delirieatit sufficient. period. of time to leave evidence upon the faint changes from predominantly aquatic to. pze�omutantly.tern 2. For watercourses, the:.or(i ary high wiai4jev .`; s the elm 3. For reservoirs and flowages, the ordinary. i{igh wiites'lev6 N.;: .. •. t Department of'Niatural Resources, means the boundary s, and; N , tlie . hest water level : at has been maintained fora cortiinonly the point where the natural vegetation it[6& 6 'the top of the bank of the channel; and is the operating elevation of the normal summer.p.aol. OUTLOT - a lot or parcel of Iand :created..by subdivision, but=;i otfor: eons.tru 6n, intended. fox transfer of ownership, dedication or for use as a private right of way. An.out loi ta&%e: design ted rlon-buildable or buildable if replaited :in hall compliance with all the requirer� of this and::thc Subdivisttiori ordinance without the use of a. variance. OWNER :- Any individual, :foul, associatid i syndicate,- co -partnership, corporation., trust or any other legal entity having sufficient proprietary interest in .the land i nd :this ocx" a ice. . PARKS AND PLAYGROUNDS _ Public land and.open spaces in the Cityof Gene Lake dedicated or reserved for recreational purposes. PARTIAL DEVELOPMETti I' PLAN -A plan provided with an application for a. building permit tomaterially alter or expand sh existing legally conforming structure within the Gateway District. This plan shall be submitted to the Zoning Administrator, and contain all or.pait of the data`requested; in Section 9.8: It maybe given an Administrative.Approval if it does not need any Conditional Uses or Variances. PASTURE - An area orportionof a..si.ngle .parcel of real property upon which. agricultural animals areallowedto ravage and graze .and which is suitably fenced to contain such animals. PATIO- a paved outdoor awa. PEDESTRIAN' WAY A public. right -of way or private easement across a. block or within a block to provide access' for pedestrians that may be used for the installation of•utilitylines' UpdatedJune.S; 2017 Appendix `A' Gem Lake. Consolidated Land Use Ordinance Definitions Page 13 PERSON - Any individual, association, organization, partnership,. firm,,corporation or other entity recognized by. law and acting as. either the owner or. as the owners agent PERFORMANCE BOND - A bond with good and sufficient sureties, approved.by the City Council, which is conditioned upon satisfactory implan.entation.of an approvedplan and wEch names the City as obligee. PERFORMANCE STANDARD -.Qualitative or quantitative criterion established to control for the benefit of public health, safety and welfare such things.. as noise, odor, toxic or noxious . matter, vibration, fire and explosive hazards; or glare . or heat generated or inherent in particular..or: ordinary uses of land. or buildings. PLAN REVIEW - A review process of potential projects by designated authorities including, but. not limited to; the Zoning Administrator, City Planner,. Plan RevieO . Board, planningComniisszon, Building Inspector, City Engineer,city- appointed/contracted architect.andlor.engineer, or any other. individual':or: group authorized by the City to review plans iia: an official capacity. PLANNING COMMISSION - A panel of persons appointed`;Iiy.the-Mayor and City,Council:of the City of GemLake.charged with reviewing all matters related to land use: development >r�nthin the City; revie g; modifying and deveioping the Comprehensive Municipal Plan and such local controls as maybe;necessaryto achieve the goal' of the Comprehensive Ivlunicipal k�:. ... Plan; and, making recommendations to%the. City Council. as to approval arid. adoption of such.n3arters.. PLANNED. UNIT DEVELOPMENT (PUD , �;A. ownership control and which.includes two or xnote`liuilcl accordance with a pre -arranged' site plan. y`4 POLLUTANT - Anything wl�irl `:pauses or: contriba varnishes,. and solvents, oil and%at r automottye fluid rubbish, garbage, litter, or other"':':discarded o aban, or contribute to pollution; floatables;`pestici.des.; lierbic coliform and pathogens; dissolved.and particulate building or structuke. and noxious or offensive matter of land ,6Ad is developed as a unit under single or unified -ouped or `clustered in and around.a common open space area.in 'Pollutants may include, but are not limited to: paints, us liquid'and solid 'wastes and yard wastes; refuse., ordinances,. and accumulations,. so that samemay cause zers;.hazardous substances and wastes; sewage;. fecal Les; wastes and residues that result from constructing a PRE -DEVELOPMENT CONDITION - The -land ,use vn a site that exists immediately prior to. a'proposed. alteration. All pre -development Runoff Curve Numbers`must.reference the Minnesota Hydrology Guide.' PRELIMINARY PLAN - This development plan is one component .of the. steps: of describing what the applicant plans to do :for -this project in the GatewayDist.rict. The Preliminary Plan withall of its details is used to: idendfy exactlywhat will be: done in .this development. It is submitted to the Zoning Administrator who distributes' it to the 'parties who will be reviewing this. document. PREMISES - Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips: PRESERVATION AREA A delineate& area which designates trees and vegetation which will.be .preserved during the construction and land. alteration process. PRIVATE CHILD CARE AND EDUCATION FACILITIES - Child Cate Fadides currently Hcensed. by the State of :Minnesota .and Educational .Facilities :with Updated:Jui:e.S, 2017 Appendix A Gem::Lake Consolidated Land Use Ordinance.Defnitions Page 14 a) An: enrollment with an age not to exceed twelve. (12) years b) A total enrollment of not less than twenty-five. (25) nor: more: than 'one -hundred fffty (150); c) A maximum of one -hundred twenty (120) "full -day equivalent'' students with a full -day* defxried as ten (10) hours. * The "frill=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 times 10 hours. PROJECTING SIGN - A sign. which. projects from and is supported by a wall, parapet; arcade or gallery of a building with the display surface of the sign perpendicular to of approxitr ately perpendicular to the wall: PUBLIC FACILITIES - Parks, playgrounds and similar uses owned and operated by the City of Gem Lake; or, libraries and. other. City of Gem Lake crumed.facilities. PUBLIC IMPROVEMENT Any drainage. -ditch, roadway, I Area, lot improvement or other :facility for which the City of maintenance. and operation, or..that may affect an.iinpiovement. PUBLIC UTILITY - Persons, corporations, or. governme telephone services.to the general public. For the. purposes o wireless.telecommuriications services shall not be. considered PUBLIC WATERS Any waters as defined in Nliuc 6to ;way„ s . ie ralk,pedestrian. way, tree, lawn, off.- street parkir►g rn' L~ ke_ doe- s:;.p may ultimately . assume responsibility for which local. gcvefnmerxtresponsibility is established. ippiyirig gas, electric, transportation, water, sewer, ..data,. or. 0 dinance; .commercial l ioadeast services and':commerdal ::utility usesi:and are defined separately,. 5; subdivision 15. -...: .,:..:. RECREATIONAL EQUIPMENT.£RE5IDENTL4lL) - play. apparatus suchras :synng sets and slides,. sand boxes, poles for: net. games, unoccupied boats: and;t ailess;ipienic tables, lawn.chaixs;fliarliecize stands sand similar equipment. REDEVELOPMENT -The. tebiaflding, repay or alteration pf:a.structure ; land surface; road: or street, or facility. RESIDENTIAL W- ECS A. WE CS .:a rated:geiierat ng capa�tty of 40 kilowatts {kW) or less which is: intended primarily for producing elecfteal.pawcr'used on site' '' { RETAIL/OFFICEBUILDING.- A'bizi for subdivision into t&n .nC spaces with no� NOTE - This is Building Template 1:3 for RETENTION - The.preventionLof direct discharge. through percolation, exfiltratian, days. i for.occupancy by retail and office uses where the building is intended Gateway large of stortrrwater runoff into receiving water; examples include systems which evaporation.processes and which generally have residence tunes less than three RUNOFF - Rainfall, snowmelt or irriga#on water flowing.over the ground surface. SKETCH PLAN - An informal plan. that. is used as the. first step for a proposal for developing of land areas in. the Gateway District: of the City of Gem Lake. See Section %7.1, Step No. 1 for details, SEDIMENT - The solid.mineral or organic material that is in suspension, is being transported, or has been moved from its original location by erosion.and has. been deposited. at another location, Updated June. 5, .2017 appendix 'A' Gem Lake Consolidated.Lan.d Use Ordinance Definitions. . Page 15 SEDIMENTATION - The. process or action of depositing sediment - SETBACK - The distance between a building, structure or other improvement and a lot line. or designated.rieht-sof way. SHED - a roofed demountable structure not to exceed two -hundred fifty (250 s-€ ft� . square feet in. total area.*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 cars or trucks; Generally a smaller building intended fat the storage of home maintenance equipment and other personal belongings. When allowed,a shed witha footprint.of 200 square feet or less may be built and maintained without a perinit £rota. the City. SHORE LAND That area surrounding Gem Lakc or: any other recognized Wetland :and extending horizontally seventy-five (75) feet back from the mean. high water line. SHORELINE - The ordinary water level of the body of water know�as CretriLake and any lake, pond, or flowage in the City of Gem Lake as determined by:a.federal, state, regional or local re toiy agency witli the authority to make.such determinations, along -with all wetlands attendantto. each body of water. SIGHT TRIANGLE - Attiangle-beginning at the cornea of i vgintersecting street rights-of::way, shaped by two lines extending 30 feet along the edge of each .right=of way. and the line connecting :the two r6wting points: ....... SIGN -Any name, figure, character,: outline; lisp '; ai iiopn�ement, or device, or structure supporting the same, or. any other . , . 4. device of similarnature designed to attract attention o"?tdoozs and shall include.a 3axts, portions, units. and materials composing the same, together with the fume, background, and su ports or`a oring thexeaE' A sign shall.not include.any..architectural. or :::..... landscape features that may also attractiattenttorz. �.:... SIGN FACE - An extetiox display:surface of assign including'ric}n-structural tzun.exclusive of .the supporting structure. SIGNIFICANT. .TREE - A healthy deciduous tree meastiriug. eight.($"):inches or.greater in diameter., at a point four and one half feet above.grade, or a hcalrhy coniferous tree rrzeasursng ten. (1 Q) feet in height or greater. SINGLE FAMILYbETACHED HOUSE - One dwelling on one lot, detached from other adjoining iota, Building Template 6 for the Gateway District SINGLE USE BUILDING = A building.designe-d.for occupancy by zetail,service. or office uses on the ground floor with an optional mezzanine. May also be used as a template for placing a. standaloneparking structure in a proposed development. This. is Building Template 14 for the Gateway'district SITE PLAN - The development plan :for one (1) or.morc lots ori.which.is shown the existing and proposed. conditions.o.f the. lot, including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of -ingress and egress, utility services; landscaping, structures and signs, lighting and screening devices and. other information that: reasonably maybe required in order that an informed decision can be made by th6 approving authority. SKETCH. PLAN -.An informal plan that is used as the first step for a proposal for developing :of land areas in. the Gateway ]district of the City of Gem Lake. See Section..9.7.1 Step No. 1 for details. Updated.7une5, 2017 Appendix. A' Gem Lake Consolidated Land Use Ordinance Defrnitions Page 16 SOIL TREATMENT SYSTEM. -A system where.sewage effluent is treated and disposed of.into the soil by percolation and filtration, arid. includes trenches, seepage. beds, drain fields, at -grade systems, and mound: systems. STABILIZER - Exposed soil is considered to be stabilized when it has. been adequately covered through temporary measures (e.g. mulch, staked sod, xiprap, erosion control blanket, or other material that prevents. erosion .from occur i4, or permanent vegetation.has been established over 70% of the..suxface. STABLE; PERSONAL Any confinement or structure. designed .to contain and house..up to two (2) Horses which is: located on and .maintained by the occupant of lands inresidential districts for personal use only. STABLE, COAMERCLkL. -- Any confinement or structure designed to containand house more than two (2) agricultural animals as described in Section.3.8.1 of this ordinance which is owned by a person; group of persons, corporation or other legal entity who own and/or -harbor said animals in. the City of Gem Lake for oth(sr than personal use. This type of stable relates to a land use matter covered by the Zoning or Land Use Ordinance, It is de ed .. d xnay only be operated withizi the. Conditional . or Interim Use regulations of the Zoning or Land Use Ordinance of the,City tif:Gem Lake: STEEP SLOPES -A slope -with greater than a thirty-three 3.3u}`percent change in election or a 3: ] grade (3 parts. horizontal to 1 part vertical). STORM DRAINAGE SYSTEM -Publicly-owned. facilities by urch:stot water is collected and/or conveyed, including but not limited to any roads with drainage systems; muuidpal streets, gutters, curbs,. inlets, piped storm drains, pumping facilities):retentxoa and detention basins natural mvi".lii tnan;made or altereddrainage channels, reservoirs,. and other drainage structures. ti ST.GRM WATER -Any surface flow, runoff; :and drAma :consist7ng'eriti;ely of water from any form of natural precipitation, and resulting fro m;such:precipitation.: ('? `'=........ ~ STORM WATER FACILITY— Any facility including xetention ;and detention ponds, wetlands, reservoirs; impoundments; infiltration practices; filteatioii>practices, :cpnyeyance systeriis; and connecting infrastructure that are constructed for or serve the pmpose of stortnwater.managert ent.: STORM WATER 1VIANA1EMENT.P.LAN - A'document which describes the Best Management Practices and activities d. to be implcincntcby a person or business`to.identify sources of pollution. or contamination at a site and the actions to eliminate or -reduce. pollutaiit:;discharges to Storm Water, Storm Water Conveyance.Systems; and/or: Receiving Waters to the Maximum: Extent Practicable: • STORMWATER.. POLLUTION PREVENTION PLAN (SWPPP) - A site -specific, written .document that; identifies potential sources of .storniwater pollution :A the construction site; describes. practices. to reduce pollutants in stormwatex discharges from the construction site; and identifies procedures the operatorwill implement to. comply with the terms and conditions of construction general:permit. STREET- A public: or. private right-of-way not less .than forty (40) feet in width which affords a primary means of access to abutting property. STREET; COLLECTOR- A street that.caxries traffic from minor streets to thoroughfares: Updated June. S, 2017 appendix 'A' Gem Lake Consolidated Land Use Ordinance Definitions. Page 17 STREET, CUL-DE-SAC - A local street or private right-of-way with only .one outlet and providing..an . area for turning a vehicle .with .a radius of not iess:than one -hundred twenty (120) fect. STREET WIDTH - The: shortest distance between the lines delineating the right-of-way of a street or ptivate way. STRUCTURE - Anything constructed or erected, the use of which.requixes a location on the ground, or attached to. something having a location on.. the.ground, including,; but without limiting the generality of. the foregoing advertising signs, billboards, 'or fences. STRUCTURAL..ALTERAT1 ON - Any change, other. than incidental repairs,. which would prolong the life of the .supporting members of a building, such as bearing walls, columns, beams,:girders or foundarions. STRUCTURE, NON -CONFORMING -Any structure which is l al{y `ecisting upon the e££ective date of this Ordinance, which would not conform to the applicable. regulations if the structure: � to�be. erected .under the provisions: of thus ordinance: SUBDIVISION -:The division of an area,.parcel, or tracto£ of ownership or building development that will require the orders, or the adjustment.of lot lines b.y the relocation of , appropriate -to the. context, shaTielateto the process of sub - Si7BWATERSHED - A portion of land con two M or mo e•lots. or parcels, for the:puxpose of transfer of streets and.toads, except for those resulting from court an boundary. The te-= includes re -subdivision and when or:to the -land subdivides ,'` to a par-tic lar-point-of discharge. SUBZONES - The. Gateway District is composed�Q `fours > nes. The Gateway District Sub=Zone Map identifies these subzones and where they are located SURFACE WATER - All streams,. lakes;. pi z ds; marshes; swetltimds, rescr� 6ifs; spring, rivers; drainage systexus; waterway,... watercourses,. and irrigation: systems whether natural. or artificial; .public or: private. x..:.: ..::.::..: TANGENT -.A straight'lii 6:diat is. perpendicular to e:radius of;a':curve at. the :point where the: Ent z COS the. curve. TEMPO.RARY'STGN A sign which -is installed for a'period .not toexceed sixty (GO) days, not illurninated, .and not installed upon a foundation.'' THOROUGHFARE - A. 'street for fast ox:heavy traffic used primarily as a traffic. artery between relatively largeor congested areas. THOROUGHFARE TYPES - Figures 2 and 3m in the Gateway Section (Section 9) describe the details of the Thoroughfare Types to be provided in the Gateway District These figures provide details on streets, sidewalks and other pedestrian or bicycle ways within dedicated right -of ways in this district.. TOTAL EXTENDED HEIGHT - The highestpoint reached above natural grade by the tallest part of the WECS (e.g. the tip of the turbine blade at its highest point of travel). TOTAL MAXIMUM DAILY LOAD (TMDL) -.A Total Maximum Daily Load, or TNML,.as a regulation .designed to improve water quality by controllingthe amount of pollutant entering a -water body. Updated June 5;.2017 tlppendix 'A Gem Lake Consolidated. Land Use Ordinance Definitions Page 18 TOWER OR ANTENNA. SUPPORT STRUCTURE -Any roast, pole spire;. lattice structureor similar structure includitng. any lines, cables, wires or braces supporting..tha structure intended for: the purpose of mount ng an antenna, meteorological device or similar apparatus above :grade. Towers may be ground or roof mounted. n terra "tower" includes. any antenna. attached to the tower. TOWNHOME -• townhome is a single-family dwelling unit constructed in a group of three or more attached. dwelling units in which each unit extends from. foundation to roof:and withopen space on at least two sides not more than three stories in height. with a separate means of ingress and egress. TOWNHOME f ROWHOUSE - An individual structure on. a parcel with a rear yard and individual (standaloneor tack under) garage access from an alley, occupied by one primary residence in an array of at least.three. suchstructures side -by -side along the common frontage. Note - This .is Building Template .8 for the Gateway District.. TWINHOUSE- A structure with two dwelling units sharing .a comtzion wall or stacked one over the .other, Note - This is Building. Template 7 for the -Gateway District ULTIMATE CONDITIONS - The physical, topographic; nd'hydrologic characteristics of:asub watershed upon:completign of the maximum level of expected:development. :USE -The Purposeor activity for which the lw4l_'structure or. building�tl ereon,is d.esigaed; arranged, or intended, or for which it is occupied or maintained and shall include: the pr�sucheoactivity..as defined by the.performance standards of this Ordinance. Uses shall be classified as Principal or Accessoryd as Pernndt[)CA::Cohdidonal. Interim and Prohibited. �L USE; CONDITIONAL- Either a puljlic. or.pnvate use .as Itsted which; because of its`uriique characteristics; cannot be properly classified -as a permitted use -in a par6� 4r dis iict;This ncludes,tl ose occupataris,,vocati6ns,.skiHs, arts;:businmes, professions, or: uses specifically designated ih- each .zoning cizstrict, whici ''far the respective conduct or performance .in sucb designated districts may require reasonable; blot special, unusual, or extraordinary limitations peculiar 'to the use. and for :the protection, promoting and preservation of the geieiral public wetaxe; healt}%uaud.safety as well as the integrity of the Cit}'s Comprehensive Municipal Plan. Corisideat►ozi ofeach case of Contiiiional'Use shall':be.giveri to impact of such use on neighl�oringxeal property and of the public. heed for'` :. the pa'tic3ar conditional use at the particular location. USE, INTERIM'=a .time limited use :that is personal .to the user or :occupant and which does not run with the land. Consideration of each base of Conditions T3s.e shall`.lie::given t. impact of :such :use on neighboring real property and of the. public need for the parti6A2. r conditional use: at the.particular location: USE, NONCONFORMING -.A use of land, buildings or structures lawfully existing at the time .of adoption oft his Ordinance which does not comply.with all th-e`regulations of this Ordinance or any use of land, building or structure -lawfully existing prior to the. adoption of an amendment. which would not comply with all of the: regulations. USE, PERMITTED .A use which may be lawfully established. in a particular district or districts, provided it conforms to all requirements,.regulations; and performance standards of such district. USE, PRINCIPAL - The,main use of land or buildings as.disting€ ished.fxom subordinate.or accessory uses. UTILIZE BASIN - Documented stortnwater management structures .designated strictly fortreating and retaining. stormwater. VILLA - A building which contains.a row of two (2), three (3) or four (4) single-family attached:dwellings, each being connected to the adjoining units in each storyby walls that are i;ire..rated and are without openings. Each unit shall.have: independent access Updated June S; 2017 Appendix 'A' Gear; Ire Consolidated Land Use Grdinance.Defnitions page..19 to.tlhe exterior of the building, in -the ground story,. and each unit is located on a.separate.lot. Each common wall shall serve as a common/ Zero lot line. VEHICLE, COMMERCIAL VEHICLE - A motor vel:dde exceeding: one and: one-half ton or equivalent inload capacity of.. a motor vehicle not displaying passenger car or RV license plates. VEHICLE, MOTOR VEHICLE - Aray Self-propelled vehicle not operated exclusively upon.raitroad..tracks .and .any vehicle propelled or drawn by self-prgpelted vehicle, but excepting snowmobiles and mobile homes. VEHICLE; jUNSED MOTOR VEHICLE - Any motor vehicle which is either abandoned, wrecked, partially dismantled or legally inoperative, or which is not currently licensed for. operation within the.State of Minnesota, WALL SIGN:- Any sign attached.to or painted.on.thew-& of a budding,o Stnhcture in a plane parallel or approxirnately.paxallel to the plane of said wall. WASTEWATER = Any water or other liquid, other than uncontaminated 'storm waiter; discharged from .a facility. WATER BODY a body of water. (such as a.lake or..pond) 4depression of land or expa.part of a xiv'er, or an enclosed basin that holds water. WATERS OF THE STATE -All stream, lakes' onlsvetlands, wate"rcorses, waterways, wells, springs, reservoirs, aquifers, irrigation syste�us, drainage systeuzs. and all other bodies or accumulations _of water;: surface or underground;: natural or artificial, public or private, which are contained within, flow through, vt`'liorde= upon dze;,state: or any portion thereof. Streams include both intermittent and perennial WATERCOURSE -a channelat-et`flows coritinuuusly or intermittently, such as rivers,.streamt or creeks. ,:" WATERSHED - the .area. drained by a. not ural: oz artificial; drains& system, bounded peripherally by axidge: or stretch of high land dividing dra n ge areas.. WAY, AUTHORIZED PRIVATE - a. road with a-zi-.of-way not less .than forty (40) .fCct wide acrass 'private land dcsigricd and built for vehicular traffic between a public. street aid two or more:private residences. This road shall have been:authorized .or approved by. the .City Council, to be.bu It and maintained by private interests. Authorized private ways are allowed only in presidential districts: _ WETLAND. - Any wetland.as deLed iii Minnesota. Statutes, section 103G.005, subdivision 19. WIND. ENERGY CONVERSION SYSTEM (WECS) - An electrical.gerierating facility consisting of a turbine, tower, and associated.control and conversion electronics. WINDOW SIGN - Any sign viewable. throughand/or/affixed in any manner .to. a window or exterior glass door such that it is intended to be viewable from the street, includingsigns located inside -a budding.but primarily visible outside of the. building. WOODLAND - An area of at least. one-half CA) acre .in size of land, utility easements, or rights -of -way, with at least twent, (20) significant trees on the parcel or with .tree cover. over at leastbirty five (35%) percent .of:thetotal land area. Updated June 5, 2017 appendix.%A, Gem Lake Consolidated Land Use Ordinance Definitions Page.20 YARD -.A required open. space on a lot, which is unoccupied and unobstructed by a structure from its. lowest ground level to the sky except as expressly permitted in this Ordinance.. A yard shall extend along a lotline and at right angles to such lot line to. a depth or width specified in the yard regulations for the district in which such lot is located. YARD, FRONT - A yaxd extending along the full width of the front lot ].ine..between side lot lines and extending from the abutting. front street -tight-of-way Bne to a. depth required in the yard regulations for the district in which sucha lot is located. in the case of a corner lotabutting. one or: more major -roads, both.yards shall be considered front. yards. A major. road is any road that is of a collector designation or greater. YARD, REAR - A yard extending along the furl 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. yardxegulations for'the district in which such lot is located. YARD,. SIDE � A. yard extending, along aside lot line .between the front ,anci'xeair. yards;. having a width as specified in the yard: regulations .for the district in which such lot is: located. ZONING ADMINISTRATOR - Any person(s) duly appointed by resolution of'the Gem Lake. City Council for the purpose of interpreting and enforcing the several local land use and devcloprnent contxols.inciirlii�g, but not limited to, :local controls. known as the Consolidated Land Use Ordinance. ZONING .COMPLIANCE PERMIT - This. permit is granted a£tex determination that all steps of the planning process. are completed acid authorazes the commencement of the project. ,,i ZONING DISTRICT -An area or areas within tl e'limits rif the City for wliich the regulations and. requirements gave i ing use are uniform.. Updated ;Lune S; .2017 Appendix A. Gem Lake Consolidated Land Use Qi d trance Def Mitions Page 21 Dear Gem Lake Resident: My name is Gretchen Artig-Swomley. 1. have lived here for almost 20 .years and have served on the city council for 11 years. 1 am on my third term, which will run through 201 B l have also published the city newsletter for the past 11 years.. As you mayor may not know, this work is essentially all volunteer time, although we do receive a monthly stipend of $100. Our mayor, Bo17 Uzpen, does receive a small salary, that does not even begin to. comp ensate for the time he spends on city business.] Have served with a fine group of people throughout my tenure and l can tell you that we all .serve for the same reason -- we care about our community and want to contribute to a. better future, We have several important issues on our agenda in coming months arid.) hope you will read this newsletter, email us it emlakeri-mn.or j with your thoughts and. come to some meetings if you can. Your feedback is. important.. As we strive to move in directions that benefit the most number of people possible, city. councll members sometimes. feel that they are operating in a vacuum. Despite much time devoted to communication through our newsletter, web -site. and email blasts, we rarely have more than one member of the public at our meetings; and we often have no one at published .public hearings. If you also feel like you are in the dark on issues, one easy thing you can do is to get on the city email list by contacting Gloria Tessier at 551-747.2792, This will insure that you get ernailed with meeting notices and materials; `including the minutes of meetings. You can regularly read. this newsletter, you can email or call any of us. with your thoughts and questions on particular issues, and you can came to any city council meeting that: fits your schedule. You can also run for office as a city council member. Several spots will -be open in the coming year. Although there may not be a book deal as a result, or highly paid speaking engagements, or even a lot of glory, you will receive the satisfaction of having served your community. Spots on the planning commission are. also open. It is your right to put up anonymous signs Whorl you disagree with something we have done. However, I personally would have liked. to hear what you had to say at one of the three meetings where the issue came up. At these meetings, presentations were made and issues were discussed in detail. Public feedback would have been most welcome; as these decisions are often hard to make and cannot.be made only on the basis of economic impact. Now we face another opportunity/issue as we contemp#ate the purchase of land that would be used partly for a public park and trail system and partly for resale to a developer for residential use. I have written In detail. about this concept in the attached newsletter. I have received several helpful.cails from Gem lake residents that guided me in shaping this story. One resident on Big Fox Road helped me understand what. details that was most Important to provide in this story, so.[ am Very grateful. Let rime say that l believe this is a good deal for our camrrmunity and has,.a reasonable price tag associated. with it, l tried to give several exampies of how it could impact your property taxes over a 15 year period. These figures came from our city treasurer,. Tom Kelly. Tom provided us with ten other examples that we.can provide at meetings in June or in conversations that we hope to have with you. Please feel Free to contact any of your council membersabout this or other concepts. Our contact information is on the.back page of the newsletter. Thank you.. IT F ` l =' GROSS PARCEL AREA = 788, Dd (I A A Tru17C rni MTV MCZ D A Dr%r-r [,V;i N PARCEL AREA =- I •. .-i .zSr.�a •..in rLA �.. _ t` , C4J 1! l) `! N ` tLr` " Y c 4.