HomeMy WebLinkAboutOrdinance No. 131 Consolidated Land Use Ordinance - Updated January 2025
City of Gem Lake, Ramsey County, Minnesota
Ordinance No. 131
Consolidated Land Use Ordinance
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 1
TABLE OF CONTENTS
SECTION 1. TITLE. ............................................................................................................................................................................ 6
SECTION 2. INTENT AND PURPOSE. ................................................................................................................................................. 6
1. Intent .......................................................................................................................................................................................... 6
2. Purpose. This Ordinance is adopted for the purpose of: ............................................................................................................ 6
SECTION 3. RULES AND DEFINITIONS. .............................................................................................................................................. 6
1. Rules. .......................................................................................................................................................................................... 6
2. Definitions. .................................................................................................................................................................................. 7
SECTION 4. ZONING DISTRICTS AND MAP. ....................................................................................................................................... 7
1. Districts. ...................................................................................................................................................................................... 7
2. Map ............................................................................................................................................................................................. 7
3. Boundaries .................................................................................................................................................................................. 7
SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT. .................................................................................................... 9
1. Permitted Uses ........................................................................................................................................................................... 9
2. Permitted Accessory Uses........................................................................................................................................................... 9
3. Conditional & Interim Uses ......................................................................................................................................................... 9
4. Height Regulations .................................................................................................................................................................... 10
5. Area, Frontage and Yard Requirements. .................................................................................................................................. 10
SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT ............................................................................................. 12
1. Permitted Uses ......................................................................................................................................................................... 12
2. Permitted Accessory Uses......................................................................................................................................................... 12
3. Conditional & Interim Uses ....................................................................................................................................................... 12
4. Height Regulations .................................................................................................................................................................... 13
5. Area, Frontage and Yard Requirements ................................................................................................................................... 13
SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT ................................................................................................................. 15
1. Permitted Uses ......................................................................................................................................................................... 15
2. Permitted Accessory Uses......................................................................................................................................................... 15
3. Conditional & Interim Uses ....................................................................................................................................................... 15
4. Height Regulations .................................................................................................................................................................... 16
5. Area, Frontage and Yard Requirements ................................................................................................................................... 16
SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT .................................................................................................................. 18
1. Permitted Uses. ........................................................................................................................................................................ 18
2. Permitted Accessory Uses......................................................................................................................................................... 18
3. Conditional & Interim Uses ....................................................................................................................................................... 18
4. Height Regulations .................................................................................................................................................................... 19
5. Area, Frontage and Yard Requirements ................................................................................................................................... 19
SECTION 9. GATEWAY “G” DISTRICT .............................................................................................................................................. 21
1. Purposes. .................................................................................................................................................................................. 21
2. Generally Applicable Regulations ............................................................................................................................................. 22
3. Placement of Subzones and Integration with Neighboring Zones ............................................................................................ 24
4. Thoroughfare Standards. .......................................................................................................................................................... 26
5. Civic Space Standards ............................................................................................................................................................... 29
6. Building Type Standards ........................................................................................................................................................... 31
7. Proposals for Undeveloped Lane or for Large Redevelopment ................................................................................................ 50
8. Plans for Re-development of Single Lots or Small Subdivisions ............................................................................................... 53
9. Parking Regulations .................................................................................................................................................................. 54
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 2
10. Design Review Standards .......................................................................................................................................................... 54
SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R” ...................................................................................................... 58
1. Intent and Purpose ................................................................................................................................................................... 58
2. Uses........................................................................................................................................................................................... 58
SECTION 11. RESERVED.................................................................................................................................................................. 59
SECTION 12. RESERVED.................................................................................................................................................................. 59
SECTION 13. PLANNED UNIT DEVELOPMENT ................................................................................................................................. 60
1. Purpose. .................................................................................................................................................................................... 60
2. Permitted Uses ......................................................................................................................................................................... 60
3. Coordination with Subdivision Regulation ................................................................................................................................ 60
4. Submission of Material Required for Approval ........................................................................................................................ 61
5. Enforcement of Development Schedule ................................................................................................................................... 61
6. Conveyance and Maintenance of Common Open Space .......................................................................................................... 61
7. Standards for Common or Open Space .................................................................................................................................... 61
8. Review and Amendment .......................................................................................................................................................... 62
SECTION 14. GARDEN OVERLAY DISTRICT. ..................................................................................................................................... 63
1. Findings and Purpose. ............................................................................................................................................................... 63
2. Requesting Garden Overlay. ..................................................................................................................................................... 63
3. Termination of Garden Overlay ................................................................................................................................................ 63
4. Interim Uses. ............................................................................................................................................................................. 64
5. Permitted Accessory Uses......................................................................................................................................................... 64
6. Prohibited Practices. ................................................................................................................................................................. 64
7. General Regulations. ................................................................................................................................................................. 64
SECTION 15. INSTITUTIONAL OVERLAY DISTRICT ........................................................................................................................... 65
1. Purpose. .................................................................................................................................................................................... 65
2. Permitted Uses. ........................................................................................................................................................................ 65
3. Permitted Accessory Uses......................................................................................................................................................... 65
4. Conditional or Interim Uses ...................................................................................................................................................... 65
5. Lot Area and Setback Requirements ......................................................................................................................................... 66
6. Lot Coverage and Height Requirements ................................................................................................................................... 67
7. Landscaping and Screening ....................................................................................................................................................... 67
8. Procedures for Requesting an Overlay ..................................................................................................................................... 67
SECTION 16. GENERAL PROVISIONS ............................................................................................................................................... 71
1. Application of this Ordinance. .................................................................................................................................................. 71
2. Severability. .............................................................................................................................................................................. 72
3. Non-Conforming Uses and Structures. ..................................................................................................................................... 72
4. Lot Provisions. ........................................................................................................................................................................... 72
5. Accessory Buildings. .................................................................................................................................................................. 73
6. Required Yards, Open Space and Heights. ................................................................................................................................ 73
7. Traffic Visibility. ........................................................................................................................................................................ 73
8. Farming Operations. ................................................................................................................................................................. 74
9. Essential Services. ..................................................................................................................................................................... 74
10. (Deleted) ................................................................................................................................................................................... 74
11. (Deleted) ................................................................................................................................................................................... 74
12. Relocation of Dwelling Units. .................................................................................................................................................... 74
13. Fences. ...................................................................................................................................................................................... 74
14. Outdoor Swimming Pools and Spas. ......................................................................................................................................... 76
15. Land Reclamation. .................................................................................................................................................................... 78
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 3
16. Mining. ...................................................................................................................................................................................... 79
SECTION 17. ADMINISTRATION AND ENFORCEMENT .................................................................................................................... 80
1. Enforcing Officer. ...................................................................................................................................................................... 80
2. Building Permit ......................................................................................................................................................................... 80
3. Duties of the Zoning Administrator. ......................................................................................................................................... 80
4. Variances................................................................................................................................................................................... 80
5. Conditional and Interim Use Permits. ....................................................................................................................................... 82
6. Amendments. ........................................................................................................................................................................... 84
SECTION 18. PERFORMANCE STANDARDS ..................................................................................................................................... 87
1. General. .................................................................................................................................................................................... 87
2. Requirements for Consideration .............................................................................................................................................. 87
3. Exterior Storage ........................................................................................................................................................................ 89
4. Refuse ....................................................................................................................................................................................... 90
5. Screening .................................................................................................................................................................................. 90
6. Landscaping .............................................................................................................................................................................. 90
7. Maintenance ............................................................................................................................................................................. 91
8. Lighting and Glare. .................................................................................................................................................................... 91
9. Vibrations .................................................................................................................................................................................. 92
10. Off-Street Loading ..................................................................................................................................................................... 92
11. Traffic Control ........................................................................................................................................................................... 92
13. Architecture .............................................................................................................................................................................. 92
14. Explosives .................................................................................................................................................................................. 93
15. Radiation and Electrical Emissions ............................................................................................................................................ 93
16. Aircraft ...................................................................................................................................................................................... 93
17. Other Nuisance Characteristics ................................................................................................................................................ 93
18. Consistency with Plans and Policies .......................................................................................................................................... 93
19. Clustering and Density Transfer ................................................................................................................................................ 93
20. Park Land Dedications Requirements ....................................................................................................................................... 94
SECTION 19. SIGNS ........................................................................................................................................................................ 96
1. Purpose and Intent ................................................................................................................................................................... 96
2. Findings ..................................................................................................................................................................................... 96
3. Permit Required ........................................................................................................................................................................ 96
4. Inspections and Enforcement ................................................................................................................................................... 98
5. Applicable Standards ................................................................................................................................................................ 99
6. Definitions ............................................................................................................................................................................... 102
7. Severability ............................................................................................................................................................................. 102
SECTION 20. OFF STREET PARKING AREAS ................................................................................................................................... 103
1. Purpose ................................................................................................................................................................................... 103
2. Site Plans ................................................................................................................................................................................. 103
3. General Provisions .................................................................................................................................................................. 103
4. Design and Maintenance of Off-Street Parking Areas ............................................................................................................ 103
5. Required Off-Street Parking .................................................................................................................................................... 104
SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS ................................................................... 105
1. General Provisions .................................................................................................................................................................. 105
2. Shoreland Use Controls .......................................................................................................................................................... 105
3. Use of Gem Lake ..................................................................................................................................................................... 107
SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT ............................................... 109
1. Erosion, Sediment, and Waste Controls ................................................................................................................................. 109
2. Stormwater Management ...................................................................................................................................................... 110
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 4
SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS ........................................................................... 116
1. Purpose and Intent ................................................................................................................................................................. 116
2. Zoning Districts for Construction ............................................................................................................................................ 116
3. Performance Standards .......................................................................................................................................................... 116
4. Proof of Non-Interference ...................................................................................................................................................... 118
5. Tower Setbacks ....................................................................................................................................................................... 118
6. Permit Applications and Plan Review ..................................................................................................................................... 118
7. Exceptions ............................................................................................................................................................................... 118
SECTION 24. WIND ENERGY CONVERSION SYSTEMS .................................................................................................................... 119
1. Purpose ................................................................................................................................................................................... 119
2. Zoning Allowance .................................................................................................................................................................... 119
3. License Required ..................................................................................................................................................................... 119
4. Code Compliance .................................................................................................................................................................... 119
5. Standards for Siting, Installation and Operation of WECS ...................................................................................................... 120
6. Test Towers ............................................................................................................................................................................. 121
7. Inspection ............................................................................................................................................................................... 121
8. Abandonment ......................................................................................................................................................................... 121
SECTION 25. SUBDIVISIONS ......................................................................................................................................................... 122
1. Purpose ................................................................................................................................................................................... 122
2. Jurisdiction .............................................................................................................................................................................. 122
3. Interpretation ......................................................................................................................................................................... 122
4. Requirements ......................................................................................................................................................................... 122
5. Park Land Dedication Requirements....................................................................................................................................... 122
6. Minor Subdivisions ................................................................................................................................................................. 123
7. Severability ............................................................................................................................................................................. 124
8. Conflict and Interaction of Ordinances ................................................................................................................................... 124
9. Rules and Definitions .............................................................................................................................................................. 124
10. Filing and Review Procedures of Plans ................................................................................................................................... 124
11. Design Standards .................................................................................................................................................................... 130
12. Required Basic Improvements ................................................................................................................................................ 133
13. Variances from This Section .................................................................................................................................................... 136
14. Violations and Penalty ............................................................................................................................................................ 136
SECTION 26. LANDSCAPING ......................................................................................................................................................... 138
1. Purpose ................................................................................................................................................................................... 138
2. Definitions ............................................................................................................................................................................... 138
3. Landscaping Requirements for New Construction in Residential Districts ............................................................................. 138
4. Landscaping Requirements for New Construction in Non-Residential Districts ..................................................................... 138
5. General Requirements for All Districts ................................................................................................................................... 139
6. Native Landscapes .................................................................................................................................................................. 140
7. Landscaping of Existing Uses .................................................................................................................................................. 140
8. Screening Requirements in Non-Residential Districts ............................................................................................................ 140
9. Additional Screening Requirements ....................................................................................................................................... 141
10. Screening Methods ................................................................................................................................................................. 141
11. Landscaping Plans ................................................................................................................................................................... 142
12. Performance Surety for Landscaping in Non-Residential Districts ......................................................................................... 142
13. Maintenance of Landscaping in All Districts ........................................................................................................................... 142
SECTION 27. TREE PRESERVATION ............................................................................................................................................... 144
1. Purpose ................................................................................................................................................................................... 144
2. Severability ............................................................................................................................................................................. 144
3. Interaction between This Section and Other Sections ........................................................................................................... 144
4. Wording of This Section .......................................................................................................................................................... 144
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 5
5. Definitions ............................................................................................................................................................................... 144
6. Protection Standards .............................................................................................................................................................. 144
7. Data Submission ..................................................................................................................................................................... 144
8. Removal Thresholds ................................................................................................................................................................ 145
9. Reforestation .......................................................................................................................................................................... 146
10. Construction Damage to Significant Trees in or Near the Preservation Area......................................................................... 147
11. Agreement to Replace Trees .................................................................................................................................................. 147
12. Collector and Arterial Roads and Trunk and Lateral Utility Construction ............................................................................... 147
13. Exceptions to This Ordinance ................................................................................................................................................. 147
14. Tree Replacement ................................................................................................................................................................... 147
15. Release and Retention of Performance Security .................................................................................................................... 148
16. Penalty .................................................................................................................................................................................... 148
SECTION 28. ENVIRONMENTAL REVIEW ...................................................................................................................................... 149
1. State Law Adopted .................................................................................................................................................................. 149
2. Applications ............................................................................................................................................................................ 149
3. Determination of Need for Environmental Review ................................................................................................................ 149
4. Procedures on Determination that EAW is Required ............................................................................................................. 149
5. Procedures when an EIS is Required ....................................................................................................................................... 150
6. Prohibition on Approvals During Environmental Review ....................................................................................................... 150
7. Severability ............................................................................................................................................................................. 150
SECTION 29. STORM SEWER USE ................................................................................................................................................. 151
1. Purpose and Intent ................................................................................................................................................................. 151
2. Applicability ............................................................................................................................................................................ 151
3. Responsibility for Administration ........................................................................................................................................... 151
4. Compatibility with Other Regulations .................................................................................................................................... 151
5. Severability ............................................................................................................................................................................. 151
6. Ultimate Responsibility ........................................................................................................................................................... 151
7. Discharge Prohibitions ............................................................................................................................................................ 151
8. Watercourse Protection ......................................................................................................................................................... 152
9. Industrial or Construction Activity Discharge ......................................................................................................................... 152
10. Compliance Monitoring .......................................................................................................................................................... 153
11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices ............ 153
12. Notification of Spills ................................................................................................................................................................ 153
13. Salt and Deicer Storage Requirements ................................................................................................................................... 154
14. Violations, Enforcement, and Penalties .................................................................................................................................. 154
15. Costs........................................................................................................................................................................................ 154
16. Suspension of MS4 Access ...................................................................................................................................................... 155
17. Civil Penalties .......................................................................................................................................................................... 155
18. Criminal Penalties ................................................................................................................................................................... 155
19. Appeal of Notice of Violation .................................................................................................................................................. 155
20. Enforcement Measures after Appeal ...................................................................................................................................... 156
21. Cost of Abatement of the Violation ........................................................................................................................................ 156
22. Violations Deemed a Public Nuisance..................................................................................................................................... 156
23. Remedies Not Exclusive .......................................................................................................................................................... 156
24. Effective Date .......................................................................................................................................................................... 156
SECTION 30. ADOPTION AND ENACTMENT .................................................................................................................................. 157
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 6
Statement on former Zoning Ordinance Number 43 revision K
THE ZONING ORDINANCE OF GEM LAKE, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE,
USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF
POPULATION IN THE CITY OF GEM LAKE, AND FOR THE PURPOSE OF PROMOTING THE PUBL IC HEALTH, SAFETY,
ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID CITY, AND FOR SAID PURPOSE, TO
DIVIDE THE CITY INTO DISTRICTS, AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS.
The City of Gem Lake does ordain as follows:
SECTION 1. TITLE.
This Ordinance shall be known, cited and referred to as ORDINANCE NO. 131 CONSOLIDATED LAND USE ORDINANCE
except as referred to herein, where it shall be known as “this Ordinance”.
SECTION 2. INTENT AND PURPOSE.
1. Intent. The intent of this consolidated land use ordinance is to provide a single source for all real property subjected to
development within the City of Gem Lake. It combines zoning (including the Gateway District), subdivisions, signs,
landscaping, and tree preservation, into one single ordinance and combines the definitions into one appendix. This
Consolidated Land Use Ordinance is to be used in conjunction with Gem Lake’s Comprehensive Municipal Plan to guide
development and redevelopment and will serve as the basis from which the merits of proposed development and
redevelopment projects will be evaluated. While this consolidated land use ordinance has combined several formerly stand -
alone ordinances, it has not changed the scope and intent of those ordinances. Instead, the consolidated land use ordinance
simply gathers these several ordinances and places them inside a single ordinance.
2. Purpose. This Ordinance is adopted for the purpose of:
1. Protecting the public health, safety, morals, comfort, convenience and general welfare;
2. Dividing the City into zones and districts restricting and regulating therein the location, construction,
reconstruction, alteration, and use of structures and land;
3. Promoting orderly development of the residential, business and industrial areas;
4. Providing adequate light, air, and convenience of access to property;
5. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and building
and the bulk of building in relation to the land and building surrounding them;
6. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City;
7. Supporting the ideals of and providing for local controls consistent with the Gem Lake Comprehensive Municipal
Plan as adopted and, from time to time, amended.
SECTION 3. RULES AND DEFINITIONS.
1. Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of
construction:
1. The singular number includes the plural and the plural singular;
2. The present tense includes the past and future tenses, and the future present;
3. The word “shall” is mandatory, and the word “may” is permissive;
4. The masculine gender includes the feminine and neuter genders;
5. Where words or phrases are not defined within the definitions of this Ordinance, they hall have their ordinary
accepted meanings within the context in which they are used;
6. All measured distance expressed in feet shall be to the nearest tenth of a foot.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 7
2. Definitions. See Appendix A at the end of the Ordinance.
SECTION 4. ZONING DISTRICTS AND MAP.
1. Districts.
In order to carry out the purpose and provisions of this Ordinance, the City of Gem Lake is hereby divided into the
following Districts and group of Districts:
1. Residence Districts:
1. “RE” Single Family Estate Residential (5.0 acre minimum lot size)
2. “RX” Single Family Executive Residential (3.0 acre minimum lot size)
3. “RO” Low Density Residential (1.0 acre minimum lot size)
4. “RS” Medium Density Residential (0.5 acre minimum lot size)
2. Gateway District “G” (uses determined by PUD)
3. Open Space / Recreational “OS / R”
2. Map. The boundaries of the above districts are hereby established on that certain map entitled “City of Gem Lake Zoning
Map”, dated September 2017 and from time to time amended, which map is properly approved and hereinafter referred to as
the “Zoning Map”. This map and all of the notations, references and other information shown thereon shall have the same
force and effect as it is fully set forth and described herein.
3. Boundaries. District boundary lines as indicated on said map follow lot lines, the center lines of streets, alleys, or railroads,
the center lines of streets or alleys projects, the center of water courses or the corporate limit lines, all as they exist u pon the
effective date of this Ordinance or amendments thereto. If district boundary lines do not follow any of the above described
lines, the district boundary lines are established as drawn on the zoning map. Where a District boundary line divides a lot o f
record which was in single ownership at the time of enactment of this Ordinance and places portions of such lot of record in
two (2) or more Use Districts, any portion of such lot with fifty (50'0") feet on either side of such a dividing district
boundary line may be used for any use of either Use District; provided, however, if any portion of such lot shall extend
beyond the fifty (50'0") feet limitation, the District line as shown shall prevail. Appeals from the Zoning Administrator’s
determination and questions of doubt concerning the exact location of District boundary lines shall be heard by the Board of
Appeals.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 8
Figure 1a
SECTION 5. SINGLE FAMILY ESTATE “RE” RESIDENTIAL DISTRICT.
The minimum lot size in the “RE” zoning district is five (5) acres, but most of the existing ‘estates’ are located on land pa rcels much
larger than five (5) acres. All but one of the parcels mapped as “estate” are built upon and are not expected to be subd ivided or re-
developed in the near future. This five (5) acre minimum lot size plan allows for land transfers from the least dense land category to a
classification that allows for denser development. However, it is important to note that the Gem Lake Comprehensive plan does not
project or assume any immediate change in the existing pattern of development on these properties.
If, in the future, this land is sub -divided, it would be is possible to include “RS” development along the perimeter thoroughfares of
the “RE” area to provide diversity of housing.
Principal and accessory buildings should be located so as to allow for possible future subdivision to “RX” or “RS” lots. In o rder to
maximize the efficiency of roads and municipal services, master planning, clustering or similar land use concepts should be used
when sub-dividing “RE” zoned land to maximize benefits. (Refer to pages 5 -5 and 5-21 of the 2008 Comprehensive plan for the
source of these details).
1. Permitted Uses. Within and “RE” Zoned Residential Use District, no structures or land shall be used except for one (1) or
more of the following uses:
1. One family detached dwellings
2. Permitted Accessory Uses. Within any “RE” Zoned Residential Use District, the following shall be permitted accessory
uses:
1. Attached or detached housing for domestic servants;
2. Private garage, car port or parking space;
3. The keeping of not more than two (2) roomers;
4. Private Swimming pool, tennis court, horse training ring, and other sites as necessary to conduct a home sporting
event;
5. Home occupations;
6. Signs as regulated by this Ordinance;
7. Structures temporarily located for purposes of construction on the site for a period of time not in excess of such
construction;
8. Conservatories for plants and flowers, not including any business, trade or industry;
9. Decorative landscape features including but not limited to pools, arbors, hedges, walls, shrubs, trees, etc.;
10. Essential services.
3. Conditional & Interim Uses. Within any “RE” Zoned Residential Use District, no structures or land shall be used for the
following uses except by Conditional Use Permit:
1. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming
pools; provided that any principal building or swimming pool shall be located not less than fifty (50 ’) feet from any
other lot in an “R” District;
2. Essential Service Structures;
3. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height;
4. Agricultural Structures, including but not limited to, barns, stables, kennels and the like. Structures in which farm
animals or fowl are to be housed shall require a setback of one hundred (100’) feet of any lot line except where the
following conditions may provide for easing the restriction:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 10
1. The structure shall be partially screened from the views from neighboring houses, with said screening to
be existing or planted and maintained vegetation or the natural topography of the lot and surrounding land
and with the amount of screening to be measured at full growth in the summer season;
2. The structure shall be at least one-hundred (100’0”) feet from any well, ISTS or neighboring dwelling;
3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste
shall not cause real or potential pollution or nuisance problems;
4. The design and construction materials of the structure shall be consistent with the main dwelling on the
property;
5. Such other factors as may be deemed material by the City.
5. Bed and Breakfast Establishments;
6. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length;
7. Family Day Care Home;
8. Truck gardening and other horticultural uses provided that only those products produced on the premise be sold or
offered for sale.
4. Height Regulations.
1. No principal structure shall exceed thirty-five (35'0") feet in height and no accessory structure shall exceed twenty -
five (25'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest
point of the roof structure.
2. Back and side facades may exceed thirty-five (35'0") feet in height but not more than forty-five (45'0") feet in
height subject to a Conditional Use Permit which addresses, at a minimum, the following criteria:
1. The facade in question should be partially screened from comparable and reasonable vantage point views
of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained
vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be
measured at full growth in the summer season; and,
2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s),
or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted
vertical plane of greater than thirty-five (35'0") feet at any point; and,
3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the
structure for height measurements; and,
4. Lower level walkout design features may be included only in areas where natural topography provides for
the design and no artificial topographical build up or grading in excess of four (4’0”) feet collectively is
required or created; and,
5. Whenever a side or rear elevation exceeds the allowed height for the district, the structure must be further
setback from the sire and rear lot lines by the standard setback distance plus two (2’0”) feet for every one
(1’0”) foot above the standard front height; and,
6. Such other factors as the City may determine based upon the special or unique conditions and
circumstances of the lot and its surroundings.
5. Area, Frontage and Yard Requirements.
1. The following minimum requirements shall be observed:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 11
Table 5.5.1
TOTAL AREA
5.0 acres
BUILDABLE AREA
50% total area
FRONTAGE
200 feet
FRONT YARD
50 foot setback
SIDE YARD
30 foot setback
REAR YARD
50 foot setback
OPEN SPACE
75% total area
LAKE FRONTAGE
200 feet
1. That portion of a lot considered as the front yard shall be as determined by the City Council.
2. All Residential structures shall be setback at least one-hundred (100’) feet from the ordinary high water
level of the lake. The ordinary high water level of the lake shall be as determined by the City Council.
2. The following structures can be erected with setbacks as long as no part of the structure is closer to the front of the
lot than the rear of the principal structure:
1. Fences.
1. Fences may only be placed directly on the property line with the written permission of the
adjacent property owner and when maintenance free materials are used; and,
2. All other fences may only be installed with adequate setback from adjacent property lines to
provide for owner maintenance; and,
3. All fences installed within the setback area must provide for a finished facade facing adjacent
property.
2. Patios, fireplaces, sheds and pools.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 12
SECTION 6. SINGLE FAMILY EXECUTIVE “RX” RESIDENTIAL DISTRICT
Most of the presently zoned “RX” land in the City of Gem Lake zoning area is developed. Additional new primary structures wit hin
this land use classification will likely be constructed within the range of 3,500 to 10,000 square foot of space, similar to the existing
primary structures now in the rest of this district.
As additional land is considered for rezoning into this classification by planned re -development and subdivision from the “RE” zoned
classification, master planning, clustering and other similar concepts should be used to maximize efficiency of roads and municipal
services within the district. (Refer to pages 5-6 and 5-22 of the Gem Lake 2008 Comprehensive plan for the source of these details)
1. Permitted Uses.
1. Within any “RX” Zoned Residential District, no structure or land shall be used except for one (1) or more of the
following uses:
1. All uses permitted in Section 5.1 and as regulated therein except as herein amended.
2. Permitted Accessory Uses.
1. Within any “RX” Zoned Residential District, the following shall be permitted as accessory uses:
1. Those uses or structures permitted in Section 5.2 and as regulated therein shall be permitted accessory
uses, except as herein amended.
3. Conditional & Interim Uses.
1. Within any “RX” Zoned Residential District, no structure or land shall be used for the following uses except by
Conditional Use Permit:
1. Those uses or structures listed as Conditional Uses in Section 5.3 and as regulated therein, except as
herein amended.
2. Two (2) family dwellings.
2. Structures with side or rear elevations up to ten (10’0”) feet in excess of the standard front building height.
3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm
animals or fowl are to be housed shall require a set-back of one hundred (100') feet of any lot line except where the
following conditions may provide for easing the restriction:
1. The structure shall be partially screened from the views from neighboring houses, with said screening to
be existing or planted and maintained vegetation or the natural topography of the lot and surrounding
lands and with the amount of screening to be measured at full growth in the summer season;
2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring
dwelling;
3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste
shall not cause real or potential pollution or nuisance problems;
4. The design and construction materials of the of the structure shall be consistent with the main dwelling on
the property;
5. Such other factors as may be deemed material by the City.
4. Bed and Breakfast Establishments.
5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length.
6. Family Day Care Home.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 13
7. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming
pools; provided that any principal building or swimming pool shall be located not less than fifty (50') feet from any
other lot in a residential District.
8. Essential Service Structures.
9. Double Homes.
10. Townhomes and Villas, attached and detached thru the PUD process.
4. Height Regulations.
1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen
(15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point
of the roof structure.
2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject
to a Conditional Use Permit which addresses, at a minimum, the following criteria:
1. The facade in question should be partially screened from comparable and reasonable vantage point views
of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained
vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be
measured at full growth in the summer season; and
2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s),
or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted
vertical plane of greater than thirty (30'0") feet at any point; and,
3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the
structure for height measurements; and,
4. Lower level walkout design features may be included only in areas where the natural topography provides
for the design and no artificial topographical build up or grading change in excess of four (4'0") feet
collectively is required or created; and
5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further
setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one
(1'0") foot above the standard front height; and,
6. Such other factors as the City may determine based upon the special or unique conditions and
circumstances of the lot and its surroundings.
5. Area, Frontage and Yard Requirements.
1. The following minimum requirements shall be observed:
Table 6.5.1
TOTAL AREA
3.0 acres
BUILDABLE AREA
20% total area
FRONTAGE
150 feet
FRONT YARD
40 foot setback
SIDE YARD
15 foot setback
REAR YARD
35 foot setback
OPEN SPACE
50% total area
LAKE FRONTAGE
200 feet
1. A side yard abutting a street shall not be less than twenty (20’) feet.
2. That portion of a lot considered as the front yard shall be as determined by the City Council.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 14
3. All Residential structures shall be setback at least one-hundred (100') feet from the ordinary high water
level of the lake and its attendant wetlands. The ordinary high water level of the lake shall be as
determined by the City Council.
2. The following structures can be erected within set-backs as long as no part of the structure is closer to the front of
the lot than the rear of the principal structure:
1. Fences.
1. Fences may only be placed directly on the property line with the written permission of the
adjacent property owner and when maintenance free materials are used; and
2. All other fences may only be installed with adequate setback from adjacent property lines to
provide for owner maintenance; and
3. All fences installed within the set-back area must provide for a finished facade facing adjacent
property.
2. Patios, fireplaces, sheds and pools.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 15
SECTION 7. LOW DENSITY “RO” RESIDENTIAL DISTRICT
The existing structures within this zoning district are single family homes found primarily along the edges of the City of Ge m Lake.
This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or as sume
any gains in housing units from this Zoning area. It is expected that any new residential construction or re -development in this district
would continue to be built in a density of 1 residential unit per acre to maintain the visual feel of the area an d the value of the existing
homes.
It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning
districts, could be zoned as “RO” districts to provide diversity of housing. There are also lots within this district that wo uld allow re-
development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en
be subdivided in smaller lots.
If further residences are added in this district, master planning, clustering and similar concepts would be used to maximize the
benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5-6, 5.21 and 5-23 of the Germ Lake
2008 Comprehensive plan for the source of the above details)
1. Permitted Uses.
1. Within any “RO” Zoned Residential District, no structure or land shall be used except for one (1) or more of the
following uses:
1. All uses permitted in Section 6.1 and as regulated therein except as herein amended.
2. The harboring and housing of agricultural animal on lots less than one (1.0) acre shall not be allowed.
2. Permitted Accessory Uses.
1. Within any “RO” Zoned Residential District, the following uses shall be permitted as accessory uses:
1. Those uses or structures permitted in Section 6.2, excluding and as regulated therein except as herein
amended.
2. Swimming pools provided such pool is fenced so as to control access and is located not less than fifteen
(15') feet from any other lot in an “R’ District, and subject to Council approval.
3. Conditional & Interim Uses.
1. Within any “RO” Zoned Residential District, no structure or land shall be used for the following uses except by
Conditional Use Permit.
1. Those uses or structures listed as Conditional Uses in Section 6.3 as regulated therein, except as herein
amended;
2. Two-family dwellings;
3. Truck gardening and other commercial horticultural uses and/or the harboring and housing of agricultural
animals on lots greater than one (1.0) acre;
4. Townhomes or Villas.
2. Structures with side or rear elevations up to ten (10'0") feet in excess of the standard front building height.
3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm
animals or fowl are to be housed shall require a set -back of one hundred (100') feet of any lot line except where the
following conditions may provide for easing the restriction:
1. The structure shall be partially screened from the views from neighboring houses, with said screening to
be existing or planted and maintained vegetation or the natural topography of the lot and surrou nding
lands and with the amount of screening to be measured at full growth in the summer season;
2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring
dwelling;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 16
3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste
shall not cause real or potential pollution or nuisance problems;
4. The design and construction materials of the of the structure shall be consistent with the main dwelling on
the property;
5. Such other factors as may be deemed material by the City.
4. Bed and Breakfast Establishments.
5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length.
6. Family Day Care Home.
4. Height Regulations.
1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen
(15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point
of the roof structure.
2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject
to a Conditional Use Permit which addresses, at a minimum, the following criteria:
1. The facade in question should be partially screened from comparable and reasonable vantage point views
of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained
vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be
measured at full growth in the summer season; and,
2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s),
or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted
vertical plane of greater than thirty (30'0") feet at any point; and,
3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the
structure for height measurements; and,
4. Lower level walkout design features may be included only in areas where the natural topography provides
for the design and no artificial topographical build up or grading change in excess of four (4'0") feet
collectively is required or created; and
5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further
setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one
(1'0") foot above the standard front height; and,
6. Such other factors as the City may determine based upon the special or unique conditions and
circumstances of the lot and its surroundings.
5. Area, Frontage and Yard Requirements.
1. The following minimum requirements shall be observed:
Table 7.5.1
TOTAL AREA
1.0 acres
BUILDABLE AREA
20% total area
FRONTAGE
150 feet
FRONT YARD
40 foot setback
SIDE YARD
15 foot setback
REAR YARD
35 foot setback
OPEN SPACE
40% total area
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 17
1. A side yard abutting a street shall not be less than twenty (20’) feet.
2. The following structures can be erected within setbacks as long as no part of the structure is closer to the front of
the lot than the rear of the principal structure:
1. Fences.
1. Fences may only be placed directly on the property line with the written permission of the
adjacent property owner and when maintenance free materials are used; and
2. All other fences may only be installed with adequate setback from adjacent property lines to
provide for owner maintenance; and
3. All fences installed within the set-back area must provide for a finished facade facing adjacent
property.
2. Patios, fireplaces, sheds and pools.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 18
SECTION 8. LOW DENSITY “RS” RESIDENTIAL DISTRICT
The existing structures within this zoning district are single family homes found primarily along the edges of the City of Gem Lake.
This district is almost fully developed with single family homes and the Gem Lake Comprehensive plan does not project or assu me
any gains in housing units from this Zoning area. It is expected that any new residential construction or re-development in this district
would continue to be built with a density of approximately one (1) residential unit per acre to maintain the visual feel of the area and
the value of the existing homes.
It is possible that additional areas, along the perimeter major thoroughfares and along the edges of the “RE” and “RX” zoning
districts, could be zoned as “RS” districts to provide diversity of housing. There are also lots within this district that wo uld allow re-
development if multiple adjacent parcels are combined and existing structures moved or demolished. The combined land could th en
be subdivided in smaller lots.
If further residences are added in this district, master planning, clustering and similar concepts need to would be used to m aximize
the benefits from community resources such as municipal water and sanitary sewer. (Refer to pages 5-6, 5.21 and 5-23 of the Germ
Lake 2008 Comprehensive plan for the source of the above details)
1. Permitted Uses.
1. Within any “RS” Zoned Residential District, no structure or land shall be used except for one (1) or more of the
following uses:
1. All uses permitted in Section 7.1 and as regulated therein except as herein amended.
2. Permitted Accessory Uses.
1. Within any “RS” Zoned Residential District, the following uses shall be permitted as accessory uses:
1. Those uses or structures permitted in Section 7.2 and as regulated therein except as herein amended.
3. Conditional & Interim Uses
1. Within any “RS” Zoned Residential District, no structure or land shall be used for the following uses except by
Conditional Use Permit.
1. Those uses or structures listed as Conditional Uses in Section 7.3 and as regulated therein except as herein
amended;
2. Two-family dwellings;
3. Townhomes and Villas, attached and detached thru the PUD process;
4. Truck gardening and other commercial horticultural uses and/or the harboring and housing of agricultural
animals on lots greater than one (1.0) acre.
2. Structures with side or rear elevations up to ten (10'0") feet in excess of the standard front building height.
3. Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which farm
animals or fowl are to be housed shall require a set -back of one hundred (100') feet of any lot line except where the
following conditions may provide for easing the restriction:
1. The structure shall be partially screened from the views from neighboring houses, with said screening to
be existing or planted and maintained vegetation or the natural topography of the lot and surrounding
lands and with the amount of screening to be measured at full growth in the summer season;
2. The structure shall not be less than one-hundred (100'0") feet from any well, ISTS or neighboring
dwelling;
3. The drainage characteristics of the land shall be such that the concentration of animals and animal waste
shall not cause real or potential pollution or nuisance problems;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 19
4. The design and construction materials of the of the structure shall be consistent with the main dwelling on
the property;
5. Such other factors as may be deemed by the City.
4. Bed and Breakfast Establishments.
5. Vehicles, including motor homes, campers and trailers, in excess of 7,000 pounds or 20 feet in length.
6. Family Day Care Home
4. Height Regulations.
1. No principal structure shall exceed thirty (30'0") feet in height and no accessory structure shall exceed fifteen
(15'0") feet in height measured from the ground six (6'0") feet from the primary front entrance to the highest point
of the roof structure.
2. Back and side facades may exceed thirty (30'0") feet in height but not more than forty (40'0") feet in height subject
to a Conditional Use Permit which addresses, at a minimum, the following criteria:
1. The facade in question should be partially screened from comparable and reasonable vantage point views
of the neighbors while in their dwelling(s), said screening to be by existing or planted and maintained
vegetation or the natural topography of the lot and surrounding lands with the amount of screening to be
measured at full growth in the summer season; and,
2. The verticality of any facade in question shall be interrupted by roof line(s), deck(s), bow/bay window(s),
or other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted
vertical plane of greater than thirty (30'0") feet at any point; and,
3. Chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the
structure for height measurements; and,
4. Lower level walkout design features may be included only in areas where the natural topography provides
for the design and no artificial topographical build up or grading change in excess of four (4'0") feet
collectively is required or created; and
5. Whenever a side or rear elevation exceeds the allowed height for that district, the structure must be further
setback from the side and rear lot lines by the standard setback distance plus two (2'0") feet for every one
(1'0") foot above the standard front height; and,
6. Such other factors as the City may determine based upon the special or unique conditions and
circumstances of the lot and its surroundings.
5. Area, Frontage and Yard Requirements.
1. The following minimum requirements shall be observed:
1. When on-site septic systems will be used for structures constructed in the “RS” zoning district the
following applies:
Table 8.5.1 A
TOTAL AREA
0.75 acres
BUILDABLE AREA
75% total area
FRONTAGE
100 feet
FRONT YARD
35 foot setback
SIDE YARD
15 foot setback
REAR YARD
25 foot setback
OPEN SPACE
40% total area
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 20
2. When city sewer is currently available and will be used for the structures constructed in the “RS” zoning
district the following applies:
Table 8.5.1 B
TOTAL AREA
0.50 acres
BUILDABLE AREA
75% total area
FRONTAGE
100 feet
FRONT YARD
35 foot setback
SIDE YARD
15 foot setback
REAR YARD
25 foot setback
OPEN SPACE
40% total area
3. A side yard abutting a street shall not be less than twenty (20’) feet.
2. The following structures can be erected within set-backs as long as no part of the structure is closer to the front of
the lot than the rear of the principal structure:
1. Fences.
1. Fences may only be placed directly on the property line with the written permission of the
adjacent property owner and when maintenance free materials are used; and
2. All other fences may only be installed with adequate setback from adjacent property lines to
provide for owner maintenance; and
3. All fences installed within the set-back area must provide for a finished facade facing adjacent
property.
2. Patios, fireplaces, sheds and pools.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 21
SECTION 9. GATEWAY “G” DISTRICT
The intent of the Gem Lake Gateway District (“Gateway” or “G”) is intended to allow for development and redevelopment of the
real property associated with Hoffman Corner and points westward along Ramsey County Road E extending northward to the border
with the zoning districts identified in Sections 5 and 6 of this Ordinance. This area has been the subject of a visioning study and
includes both commercial and residential opportunities as described in the City of Gem Lake Comprehensive Plan and other city
documents. As introduced by the visioning plan and envisioned by the Comprehensive Plan, the Gateway will e mphasize commercial
development and/or redevelopment in the Hoffman Corner intersection which traditionally has been the location of the Gem Lake
commercial district. As one moves westward along County Road E, the intent of the Gateway is to transition int o more residential
type neighborhoods becoming less dense until it transitions to either the Estate Residential district or the Executive Reside ntial
district.
It may be permissible to apply to rezone the Neighborhood Edge subzone of the G District to existing traditional zoning (RE, RX,
RS, RO) provided all setbacks and area requirements of said sections are met. Any such rezoning may preclude the use of Planned
Unit Development as an option.
1. Purposes. Specifically, the Gateway zoning district will attempt to:
1. Promote development and redevelopment consistent with the visioning plan for the Gateway area by encouraging
residential uses in conjunction with commercial and expanded recreational activities which in turn will create an
active street life, while enhancing the vitality of businesses and reducing vehicular traffic.
2. Provide for mixed-use development(s) that are carefully planned to promote efficient use of land, parking and
roadway systems.
3. Provide enhanced oversight through conditional use permit provisions, to ensure compatibility of mixed uses and
consistency with the approved master plan for the site.
4. Ensure compatibility with surrounding neighborhoods.
5. Provide significant incentives to promote mixed-use redevelopment projects.
6. Encourage sustainable architectural, engineering and landscape design that is implemented by responsive green
construction practices.
7. Preserve natural resources, minimize the carbon footprint of the City, and establish a key zone within Gem Lake
that is respectful of neighboring areas and is instructive for future generations.
8. Encourage pedestrian and bicycle use.
9. Ensure that commercial and residential uses in a development are designed to be compatible with each other.
10. Ensure high standards of site design, spatial relationships, architectural design, building materials and landscape
design.
11. Seek to put in place those areas identified in the Comprehensive Plan (as supported by the master plan) that
includes four “sub-zones”:
1. Neighborhood Edge. Intended for lower density single-family residential housing development to act as a
transition between new mixed-use construction and existing single-family detached structures on adjacent
lands. This subzone in its basic form will accommodate single -family dwellings on larger lots, or with
application of incentives, more compact homes on common larger lots or on compact lots with enhanced
buffers (used in clustering), shared with accessory buildings and generally served from a front or side
driveway. This subzone may be used to accommodate the development of public open spaces as identified
in Section 10 and Section 18.20 of this Ordinance.
2. Neighborhood General. Intended to begin the transition from purely residential use at low densities to
more intensive mixed-use development at the district’s center. This subzone will accommodate a variety
of residential structures at varying densities, and also begin to integ rate lower-impact office or retail
activities which complement the residential setting.
3. Neighborhood Mixed Use. Intended to establish a neighborhood focus that is distinguished by mixed use
buildings, together with denser residential options and smaller-scale commercial and office buildings
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 22
without residential components. This subzone will accommodate a variety of activities and services within
easy walking distance from homes throughout the District, supporting daily convenience shopping and
personal service needs, and also providing opportunities for public gathering and social contact.
4. Neighborhood Center. Intended for the most urban conditions within all of the shown mixed use areas.
The mixture of land uses emphasizes ground-floor retail with offices and residential/rental above (as
market acceptance matures) and structures providing commercial space for m edium and large–sized
retailers. Street frontages throughout this subzone should be pedestrian -oriented, and the public space
should be defined by placing building facades at the edge of the sidewalk. Neighborhood Center land that
abuts other subzones on the north and west sides will be carefully planned to ensure lower-density
buildings. Where developers insert a minimum 200-foot buffer at existing non-Gateway residential
properties, or especially along the extreme eastern edge of this subzone, the City may allow as a
conditional use multifamily housing, including townhomes, row houses, or apartment buildings three
stories or less in height.
2. Generally Applicable Regulations.
1. Relationship to other portions of this Ordinance and other City Ordinances. The requirements of this Section
may conflict with or duplicate some portions of this Ordinance. Any such conflict, when it relates to the use of land
in the Gateway District, shall be resolved in favor of the language in this Section. All other provision s of this
Ordinance apply within the Gateway “G” District, including provisions for Planned Unit Development (PUD) and
Institutional Overlay. PUD or institutional overlay proposals may be used in combination with or in place of the
regulations and procedures set forth in this Section.
All other Gem Lake ordinances which relate to the construction of buildings and use of land included in the
Consolidated Land Use Ordinance and other land used Ordinances (including but not limited to the Adult Use
Ordinance, Building Code Adoption, and Pawnbroker Ordinance) apply within the Gateway District.
2. Administration, Conditional Uses, Variance, and Appeal.
1. The Building Type standards are intended to be employed and used to entitle the construction of a
building upon land in the same manner that listing a use as “permitted” entitled land in other Zones
defined by this Ordinance. The processing of conditional use permits, variances, amendments, platted
subdivisions and other land use applications which may necessarily accompany an application for building
approval in the Gateway District shall be processed simultaneously with the review of the Gateway
District proposal, whenever possible.
2. All new construction, remodeling or expansion (except for the remodeling or expansion of single -family
detached dwellings) within the Gateway District requires a Zoning Compliance Permit. The Zoning
Compliance Permit is indefinite in duration and the entitlements stated on the permit shall run with the
land. A Zoning Compliance Permit is granted after determination that the proposal complies with all
applicable standards set forth within this Section (Thoroughfare Standards, Civic Space Standards,
Building Type Standards, Parking, and Design Standards). As set forth below, the final approval for the
Zoning Compliance Permit will come from the City Council for proposals which require Council approval
in some form (such as a platted subdivision or conditional use permit), and the Zoning Administrator for
proposals which do not otherwise require Council review (such as single buildings or minor subdivisions
without variances).
3. For the purpose of providing administrative review and processing of development proposals within the
Gateway District, the City Council hereby appoints the Zoning Administrator to serve as the primary point
of contact between the City and applicants for zoning approval. Upon receipt of an application for land
use in the Gateway District, the Zoning Administrator shall ensure that the application is complete within
five (5) business days of receipt. If the application is not complete, the Zoning Administrat or shall return
all materials with an explanation of what is required to make the application complete. When the
application is determined to be complete, the Zoning Administrator shall distribute copies of all submitted
documents to the City’s appointed consultants in architecture, engineering and planning. The Zoning
Administrator shall obtain written comment on the application from each consultant before the scheduled
Planning Commission review of the application, or before making an administrative appro val where
authorized.
4. If a City consultant identifies a failure to meet the standards of this Section, the Zoning Administrator may
not administratively approve a permit for the proposal. The Zoning Administrator shall meet with the
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 23
applicant to attempt to resolve the deficiency, and re-submit any revised or clarified proposal to the
consulting professional who identified the problem for review. If the consultant agrees that the deficiency
is corrected, the Administrator may issue the permit.
5. For applications on a City Council approval track, the Zoning Administrator shall also attempt to resolve
any deficiencies noted in consultant review with the applicant prior to the final Council action on the
proposal. The Planning Commission and City Council may choose to act on the proposal within their
reasonably used discretion, even if the matter is not resolved prior to final action.
6. All applicants seeking a Zoning Compliance Permit must submit a development plan with their
application.
7. Conditional Uses. All elements of a development plan which require conditional use permit approval may
be combined into a single conditional use permit application for the proposal, with a single applicable
CUP fee for review and processing in addition to other required application fees. Portions of proposed
buildings which may be used for permitted or conditional uses need not apply for conditional use a pproval
as part of the development application, unless the tenant, occupant or owner of the space is known at the
time of application and will need a conditional use permit. All applications for conditional use permit
approval shall otherwise be processed in the same manner as other applications for conditional use permit
approval, using the procedures and criteria stated in Section 17.5 of this Ordinance.
8. Any variances requested in connection with a Gateway District development proposal shall be processed
in the same manner as variances from other Sections of this Ordinance, using the procedures and criteria
stated in Section 17.4 of this Ordinance.
9. Any applicant aggrieved by a decision, mandate or other action of the Zoning Administrator may appeal
the matter in the manner provided by Section 17.7 of this Ordinance.
3. Existing Uses and Structures at Adoption of Chapter. The standards generally applicable under Section 16.3 of
this Ordinance shall apply to existing structures and uses located within the Gateway District upon the adoption of
this Section, or existing on land later added to the Gateway District by re-mapping on the date a new zoning map
becomes effective. An applicant seeking a building permit to materially alter or expand a legally nonconforming
structure within the Gateway District shall submit a partial development plan, containing information as requested
by the Zoning Administrator to allow review of the alteration or expansion’s compliance with Design Review
requirements set forth at 9.8 and the Connectivity Requirements set forth at 9.5.3.
4. Incentives. The City Council may establish incentives which apply to encourage certain types of land use or
preservation activity within the Gateway District. The Council may set the incentives by adopting a separate
ordinance which identifies clearly the item or items the Council seeks to encourage, the allowance or allowances
which the Council is willing to offer applicants, and sufficient criteria to allow the Zoning Administrator and City
consultants to evaluate and score applications seeking to apply the incentives and allowances. The following text is
an example only:
The City of Gem Lake seeks to improve transit options within the City. Proposals which incorporating public
transit options into an overall development plan will receive enhanced civic space credit for the space dedicated to
the public transit option. Space bonuses will apply as follows:
Bus waiting area, uncovered: 2% bonus
Bus waiting area, covered: 4%
Bus waiting area, integrated w/ building: 8%
Bus Rapid Transit access: 10%
Rail access or access to station: 10%
Rail transit station: 30%
Intermodal transit center: 50%
Proposed spaces must meet the criteria for public transit facilities established by the Metropolitan Council in order
to qualify for space bonuses. The City Council shall approve all requests for transit incentive bonuses. The Zoning
Administrator shall consult with the City Engineer to review and make recommendations on the request for
incentive treatment within an application.
The ability to alter or change incentives may not be used to allow a variance from the standards of this Section or
this Ordinance overall. An ordinance establishing or modifying available incentives shall not take effect until 45
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 24
days after adoption and publication and shall not apply to any applications filed with the City prior to the effective
date. The ordinance creating incentives may, at the City Council’s discretion, provide a method for an applicant to
propose an incentive as part of a development application in lieu of only seeking a modification of dimension or
placement standards through amendment or variance.
3. Placement of Subzones and Integration with Neighboring Zones.
1. The Gateway district is composed of four (4) sub-zones:
1. Neighborhood Edge;
2. Neighborhood General;
3. Neighborhood Mixed-Use;
4. Neighborhood Center.
2. Mapping Requirements. The City Council shall assign the sub-zones to land included within the Gateway
District. The Council shall assign land to each sub-zone without reference to existing lot lines or tax parcels
contained within the Gateway District. In assigning land to sub -zones, the Council shall at a minimum:
1. Assign all land lying within 200 feet of a developed parcel zoned Estate Residential (RE) or Executive
Residential (RX) as Neighborhood Edge; and
2. Not assign any land lying within 450 feet of a developed parcel zoned Estate Residential (RE) or
Executive Residential (RX) as Neighborhood Center.
Figure 1b
4. Thoroughfare Standards. Streets, sidewalks and other pedestrian or bicycle ways within dedicated rights-of-way shall be
considered and designed together as “thoroughfares.” The street and pedestrian circulation system in any development plan
shall be used to organize and define the community, acting as functional and visual links between neighborhoods, the
neighborhood center, civic and commercial areas and open space. The circulation system shall be based on a defined,
interconnected network to provide adequate traffic capacity, provide connected pedestrian and bicycle routes, control
through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the
community.
1. General street design principles. The following principles should be followed in street layout and design:
1. Local street lengths should be short;
2. Streets should be designed with gentle curves and changes in grade to break the sight line of the road into
smaller visual elements and cause drivers to slow down.
3. Traffic calming features such as curb extensions, traffic circles, and medians should be used to encourage
slow traffic speeds.
2. Thoroughfare Types Permitted by Subzone. The thoroughfare design in a given area of the Gateway District is
determined in part by the subzone to which the land is assigned. Right -of-way dedication and the use of the right-
of-way is set forth in the Thoroughfare Type diagrams at Figures 2 and 3. T he presence of trees within a diagram
indicates a requirement to plant “street trees” within the indicated area. A development plan’s thoroughfares shall
comply with the dimensional and layout standards applicable to each thoroughfare type. The following
Thoroughfare Types are allowed in each sub -zone:
1. Neighborhood Edge: A, B, Alley;
2. Neighborhood General: A, B, C*, Alley, Boulevard (Type C only allowed within 250’ of Mixed-Use sub-
zone boundary);
3. Neighborhood Mixed-Use: C, D, Alley, Boulevard;
4. Neighborhood Center: D, Alley, Boulevard; Scheuneman Road and Hoffman Road should be treated as
Type D thoroughfares in plans. (May also propose a Plaza with a thoroughfare as regulated by Figure 5).
NOTE: County Road E and Highway 61 are not included within these Thoroughfare Types and should not be used or depicted as
“frontage” for any Building Type when using this Code.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 27
Figure 2
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 28
Figure 3
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 29
5. Civic Space Standards. The City of Gem Lake’s visioning plan requires well-planned and functional open spaces,
preservation areas, parks and gathering places, which are generally referred to in this Section as “civic space.” An
application’s development plan shall dedicate or otherwise set aside sufficient land for public civic space. At a minimum,
10% of the total acreage in development shall be identified on the plans as Civic Space. The acreage of wetlands protected
by state statute and any wetland buffer required by a governing watershed district shall be excluded from calculations of
“total acreage in development” and from the calculation of the 10% dedication to civic space. A Civic Space shall conform
to one or more of the Civic Space Templates at Figures 4 and 5. The Civic Space Type used to design a given Civic Space
shall be indicated on any plan or diagram intended to show compliance with this section.
Figure 4
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 30
1. No cash payment in lieu of civic space may be approved for applications within the Gateway District.
2. The minimum width required for any Building Type under Figures 6 through 15 may be reduced by up to 30% if
the area which would have been contained within that building lot before the reduction is transferred to a Civic
Space located within 1/4 mile of the lot.
3. For Civic Spaces which include at least one automotive traffic lane or access, the area of the traffic lane or access is
not applied toward the 10% minimum requirement. Areas within the Civic Space, areas within a thoroughfare or
shared parking can apply toward the requirement if designed in conformity with applicable Thoroughfare or
Building Type templates and the Parking regulations in Section 9.9.6.
Figure 5
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 31
6. Building Type Standards.
1. New construction in the Gateway District shall conform to one of the following Building Types:
1. Single Family Detached House (Figure 6)
2. Single Family Attached Housing
1. Twin Home (Figure 7)
2. Townhouse / Rowhouse (Figure 8)
3. Apartment / Condominium (Figure 9)
4. Bungalow Court (Figure 10)
5. Live / Work Unit (Figure 11)
6. Mixed use Building (Figure 12)
7. Commercial
1. Retail / Office Building (Figure 13)
2. Single Use Building (Figure 14)
1. With Liner Building (Figure 14a)
2. With Collar uses (Figure 14b)
3. Auto Oriented Layout (Figure 15)
4. Automotive Dealership (Figure 15a)
2. Use of Building Type Templates. Figures 6 – 15a contain all regulatory information governing the dimensions of
lots and the dimensions, setbacks, height, mass, placement and use of buildings in the District. The City’s review of
a development application shall primarily apply the information contained in the applicable Building Type
Templates. Terms and concepts used within the Building Type Templates are further defined as follows:
1. Frontage Street. The Thoroughfare Type on which the Building Type may be placed. The building must
be oriented toward the frontage street and have its primary entrance on the permitted frontage street,
unless an alternative is allowed by the terms of the Building Type cho sen. “Width” is measured along
frontage street; “depth” measured perpendicular to the frontage street. For purposes of placing buildings,
Highway 61 and County Road E are not frontage streets, and the property boundary with those roads’
rights-of-way should be aligned as the rear lot line to the greatest extent possible. Parking lots may abut
the Highway 61 or County Road E rights-of-way, subject to the landscaping requirements of the Gem
Lake Landscaping Ordinance.
2. Height by Story. The permitted height of any building is determined by the number of stories allowed
and built. The height of each story is determined by the space between the upper surface of any floor and
the upper surface of the floor next above, or the ceiling (peaked roof) or roof (flat roof) above for top
stories. A story must have a minimum height of 12 feet and a maximum height of 15 feet; buildings with
assigned ground-floor retail and commercial shall have a ground-floor height of at least 15 feet and no
more than 20 feet. The top of a peaked roof is limited to the average story height of the building, measured
from the ceiling of the topmost floor to the highest gable of the roof. Half -stories (finishing the space, if
any, between the roof and the topmost full-story ceiling) are permitted for all building types in all
subzones.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 32
3. Building types with specified height limits shall be measured from the average elevation of the sidewalk
on which the building’s primary entrance is located and the coping of a flat roof or the deck line of a
mansard roof.
4. Basements. All building types are permitted to have basements if it is technically feasible to build
basements on the chosen building site. A walk -out basement is considered a “story” for height regulation,
but other kinds of basements are not counted against the hei ght of the building.
5. Footprint. The building footprint is the area occupied by the horizontal projection of the building’s first
floor, excluding the floor area of attached garages and porches or decks built as allowed encroachments
into setbacks. Within the building envelope defined in the Building Type Template, the hor izontal
projection of upper floors may not extend more than ten feet in any direction over the footprint, except for
portions of the upper floor built directly over an attached garage.
6. Mass, Ratio. When used on a Building Type Template, the percentages listed in the Mass table define the
maximum area allowed the horizontal projection of one floor in relation to the area of the horizontal
projection of the building footprint and attached garage, if any.
7. Building Placement Diagram. The diagram on each Building Type Template provides regulatory
information on the setbacks, build-to lines (lines on which some or all of the building façade must be
placed), the “building envelope” in which the footprint may be placed, frontage types, pe rmitted
encroachments of porches, decks and balconies, placement of accessory structures, and other items which
regulate the built environment on a given lot.
3. Combination of Building Types on Single Lot. The Building Type templates regulate lot size, but it is not
required that each building be on a separately conveyed lot. If multiple building types are proposed, the
dimensional standards should be applied as though the lot were being divided. Any total surface coverage or
building footprint standards may be combined among all of the buildings included on a particular lot.
4. New Building Types. New building types may be proposed in the manner of other amendments to the Zoning
Code using the procedure in Section 17.6 of this Ordinance. A proposal must contain all information included in
existing analogous Building Types, including but not limited to the dimensional standards, use designations, and
frontage requirements.
5. Use Regulation in the Gateway District. The Gateway District’s regulatory focus is first upon the form of each
building and its relation to the surrounding environment. This section regulates the use of space within buildings,
except to the extent that any structure or land use existed as a leg ally nonconforming use prior to the adoption of
this Section, as a matter secondary to the built form. The use of land in the District is regulated by the Building
Type Templates and is directly related to the building form.
1. General Terms and Permitted Uses. The Building Type Templates assign categories of uses to certain
floors of a building. When multiple use categories are listed and separated by a slash (such as
“office/retail”), the uses may be combined on the floor at the discretion of the owner or occu pant of the
building. When multiple use categories are stated as alternatives (such as “office or residential”) the floor
may only be assigned one category of use, at the discretion of the owner or occupant of the building.
Building Type Templates may also contain specific exclusions or limitations which modify the application
of a use category to the particular building. The categorical terms are defined as follows:
1. Residential - Premises for long-term human dwelling.
2. Office - Non-residential premises used for administrative, clerical, professional or similar
activities. Office as used in this section includes medical and dental offices used by five (5) or
fewer medical principals (doctor, dentist, chiropractor or similar profes sional).
3. Retail - Premises for the sale of merchandise and food service. For purposes of this Section,
banks with teller service are considered “retail” instead of “office.” Athletic clubs and fitness
centers that are not the primary use of the building space are considered a “retail” use. Certain
personal service businesses are considered “retail” if not the primary use of a building:
barbershop/beauty salon; clothing rental and dry cleaning pickup (but not on-site processing);
and tailor shops.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 33
4. Commercial - Premises for the conduct of the following activities, which are not included within
the meaning of “office” or “retail” for purposes of this Section: Athletic club/fitness center (when
primary or only use of building space); business school or trade school; veterinary clinic; funeral
home; hotel; recreational primary use (such as a bowling alley); cabinet and carpentry shops,
heating, plumbing or electrical sales and service; printing shop, upholstery shop, warehousing ,
automobile repair, sales, and service. Conditional uses of space assigned as “commercial” are:
automotive repair and service (including gas stations); car wash; light industrial uses which
manufacture, process, store and distribute foods and materials not likely to create offensive noise,
odors, vibrations, dust smoke, heat, glare or other objectionable influences and are in general
dependent upon raw materials refined elsewhere.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 34
Figure 6
Figure 7
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 35
Figure 8
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 36
Figure 9
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 37
Figure 10
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 38
Figure 11
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 39
Figure 12
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 40
Figure 13
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 41
Figure 14
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 42
Figure 14a
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 43
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 44
Figure 14b
Figure 15
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 45
Figure 15a
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 46
Figure 16
Figure 17
Figure 17 Continued
7. Proposals for Undeveloped Lane or for Large Redevelopment. An applicant shall follow the following procedure when
seeking approval for construction upon land undeveloped at the time this Section was adopted, or upon any plan requiring
the platted subdivision of land or the construction of new streets. Proposals wh ich include a major subdivision of land shall
proceed through the platting procedure mandated by the Gem Lake Subdivision Ordinance, and shall submit the materials
requested herein in addition to the materials required to support the application for subdivision.
1. Pre-application Meeting. Before making a formal application for a land use plan which will involve the creation
of new streets or platted subdivision of land, the potential applicant shall prepare sketch plans and preliminary
descriptions which reflect the six items addressed below and any additional items required by Section 25.12.1 of
this Ordinance. The applicant shall schedule and attend the pre-application meeting described in Section 25.10.1 of
this Ordinance, in which the participants shall address all of the following area s:
1. Subdivision plat and related infrastructure;
2. Thoroughfare network and civic space;
3. Building Type placement and disposition;
4. Proposed Design of completed buildings;
5. Potential incentives, if any, which may apply to the proposal; and
6. Likelihood that environmental review under Ordinance 92 is necessary.
2. Submission of Development Plan. An applicant shall submit an application for a Zoning Compliance Permit and
supporting documentation to the City which addresses all components of the proposed development. The a pplicant
shall submit ten (10) sets of all applications and required supporting materials in forms acceptable to the Zoning
Administrator, including:
1. Development Plan. All attachments to development plans shall be drawn to scale and provide the
following information, unless otherwise specifically waived by the Zoning Administrator:
1. A vicinity map, to include locations of any public streets, railroads, major streams or rivers and
other major features within 500 feet of the site.
2. Boundaries and dimensions shown graphically, along with a written legal description of the
property.
3. Present and proposed topography of the site and adjacent areas within 50 feet by contour lines at
intervals of no more than five feet, and directional arrows showing proposed flow of stormwater
runoff from the site.
4. The location of existing and proposed structures, with height and gross floor area noted.
5. Elevation views of all proposed buildings and structures, with building materials and proposed
colors noted.
6. Phasing plans, where applicable.
7. Location and dimensions of existing and proposed curb cuts, aisles, off -street parking and
loading spaces, and walkways.
8. Location, height and material for screening walls and fences, and other screening devices.
9. Location of all existing and proposed water and sewer facilities and storm drainage systems.
10. Existing and proposed public streets or rights-of-way, easements, or other reservations of land on
the site.
11. Location and method of screening of outdoor trash storage areas.
12. Location and size of all proposed signage.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 51
13. Location and height of proposed lighting facilities.
2. Subdivision Plat supporting data as required by Section 12 of the Subdivision Ordinance (if subdivision is
proposed);
3. Grading and Filling Plan;
4. Tree Preservation Plan;
5. Sediment and Erosion Control Plan or Stormwater Pollution Prevention Plan, as applicable; and
6. Landscaping Plan.
3. Thoroughfare Network.
1. Orientation of Thoroughfares. The orientation of streets and pedestrian access should enhance open
spaces and prominent buildings and provide for the maximum number of lots with southern exposure. All
streets shall terminate at other streets or at public land, except as specified belo w:
1. Type A thoroughfares that terminate in cul-de-sacs may be permitted only when topography
prevents the use of loop streets.
2. Any thoroughfare may terminate in a stub street when the stubs act as connections to future
phases of the development or adjacent undeveloped areas. A stub requires a dedication of public
right-of-way or similar title restriction encumbering the area on the property from the closest
intersection to the phase line or property boundary over which the thoroughfare would run if built
out.
2. Street Layout.
1. No lot shall be more than 550 feet from a street intersection. A future intersection proposed as
part of a later phase of the same development may be used to meet this requirement. Local streets
shall be designed to limit and slow through traffic by narrower roadways, short lengths and other
geometric configurations.
2. Low volume streets (Types A and B) should be aligned to form three-way intersections when
possible. Three-way intersections create an inherent right-of-way assignment (the through street
receives precedence), which significantly reduces accidents without the use of traffic controls.
3. A low volume street that intersects a higher-order street (Types C, D and Boulevard), should be
aligned with another street to form a four -way intersection, which can easily be regulated by a
stop sign or other traffic control device.
4. Right angle intersections shall be used whenever possible. No street shall intersect another at an
angle of less than 75 degrees.
5. The roadway edge at street intersections shall be rounded by a tangential arc with a minimum
radius of 20 feet for low-volume streets and 30 feet for intersections involving higher-order
streets.
1. Where the intersection of low-volume streets will be controlled by the placement of stop
signs, the radius may be reduced to 15 feet.
2. The intersection of a low-volume street and an alley shall be rounded by a tangential arc
with a minimum radius of 10 feet.
6. Pedestrian crossing distances at intersections shall be shortened to the greatest extent possible,
using curb bump-outs to cover space assigned to parking in other parts of the thoroughfare (see
Figure 5, Boulevard, for example), or similar methods to reduce the aver age time required for a
pedestrian to cross the travel lanes of a thoroughfare.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 52
7. Clear sight triangles shall be maintained at intersections, unless controlled by traffic signal
devices.
1. For Type C and D streets intersecting low-volume streets the minimum required clear
sight distance shall be 120 feet.
2. For a Type C or D street intersecting another Type C or D street , the minimum required
clear sight distance shall be 130 feet.
3. For any street intersecting either County Road E or U.S. Highway 61, the minimum
required clear sight distance is subject to the standards of Ramsey County or the
Minnesota Department of Transportation.
4. For Type A and B streets intersecting any other streets the minimum required clear sight
distance shall be 15 feet.
3. Pedestrian Network. Pedestrian sidewalks, paths and walkways shall be provided within the community
and shall constitute an integral element of the overall site design. They shall provide safe, convenient and
attractive connections to, from and among community focal points, including residential neighborhoods,
town and neighborhood centers, transit stops, schools, parks and recreation areas, municipal buildings, and
other public facilities.
1. Sidewalks shall be provided along both sides of all streets, except for residential access lanes
(Type A streets), which may have sidewalks on one side.
2. Pedestrian paths shall be landscaped to provide scale, enclosure and shade.
3. Intersections of pedestrian paths with streets shall be designed with clearly defined edges.
Crosswalks shall be well-lit and defined with contrasting paving materials or striping.
4. Sidewalks and paths shall be a minimum of 5 feet in width in residential areas, and 10 feet within
commercial and civic areas, where practicable. Where space for the minimum width is not
available, the maximum practicable width shall be used.
5. Within lots, walkways shall provide pedestrian access through parking areas or open space to
building entries. Such walkways shall be located and aligned to directly and continuously
connect areas and points of pedestrian origin and destination. Such walkways shall be at least 5
feet in width and be delineated by grade separation, planters, or alternate paving material.
6. Where the primary pedestrian access to a building or site crosses an internal traffic lane or other
automotive access, the pedestrian crossing shall emphasize and place priority on pedestrian
access and safety. The material and layout shall be continuous as the pedestrian access crosses,
with a break in continuity of the automotive paving and not in the pedestrian access way.
7. All sidewalks and pedestrian paths shall be handicapped accessible. Curb cuts and ramps shall be
located at convenient, safe locations for the physically disabled, bicyclists, and people pushing
strollers or carts. The location and design of curb cuts and ramp s shall meet the requirements of
County and State Americans with Disabilities Act ramp standards, and shall avoid crossing or
directing pedestrian and bicycle traffic through loading areas, drive-in lanes, and solid waste
storage and collection areas.
8. Where transit service is available or planned, site plans shall provide pleasant and convenient
access to transit stops. Where transit shelters are provided, they shall be placed in locations that
promote security through natural surveillance and visibility, and shall be well-lighted and
weather-protected.
4. Civic Space Placement. The plans should identify the 10% or more of the total acreage in development which will
be developed as Civic Space. Layout and relation to surrounding thoroughfares should be clearly depicted on the
plans. If a development is proposed in phases, the 10% Civic Space requirement shall be calculated for the
development as a whole, instead of for each phase. The apportionment of Civic Space dedication may be
unbalanced among the proposed phases, though any initial phase of a development must include at least one Civic
Space in proportion to the size of the phase. Phased development plans which propose to meet over half of the
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 53
Civic Space requirement in a second or later phase must include a timetable which shows the development
dedicating or building at least half of the required Civic Space within 3 years of initial development approval.
5. Building Placement Standards. The types of buildings proposed in the plan and their placement within the
property is governed by the Building Type Standards set forth at Section 9.6 and depicted in Figures 6 through 15.
The plan must depict the types of buildings intended for construc tion, their proposed disposition, any incentives
sought by virtue of the intended design of any buildings or arrangement of building types, and any special
requirements or requests for variance required to implement the building placement plan.
6. Design Review. The Zoning Administrator shall refer all applications requiring evaluation of the Design Review
Standards in 9.10 to the City Architect. The Architect shall review the development plan and supporting documents
for conformance with the Design Review guidelines at Section 9.10 and provide written comment to the Zoning
Administrator. If any deficiencies are noted by the City Architect in the design when the applying the Design
Standards, the Architect shall describe the deficiency and suggest at least one complying alternative.
7. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development
application may be sought by the applicant. The incentive items and allowances, and their effect on the overall
Development Plan, shall be approved by the City Council, unless specifically delegated within the ordinance
creating the applicable incentive. The Zoning Administrator shall confer with at least one City consultant, as
directed by ordinance or at the Administrator’s best discretion, in ord er to evaluate the proposed incentives and
make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning
Administrator shall reach agreement on the application of incentives prior to submitting the application to the
Planning Commission. If any applied-for incentives are recommended for rejection, the applicant may elect to re-
submit portions of the plans to incorporate the recommendation without incurring new application fees; the
applicant electing to re-submit plans shall submit a written statement agreeing to an extension of applicable
timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The
extension request shall be indefinite; the City shall process the re-submitted materials within the timelines specified
by law, treating the date of re-submission as the first day of any applicable time period.
8. Plans for Re-development of Single Lots or Small Subdivisions. An applicant shall follow the following procedure when
seeking approval for new building construction (not an addition or expansion to an existing building) upon land which was
developed at the time of the application, either requires no subdivision or is eligible for minor subdivision approval, and for
which no new streets are required. Such applications should be processed for a Zoning Compliance Permit administratively
by the Zoning Administrator unless the proposal requires conditional use permit or variance approval.
1. Suggested Presentation. The plans for this type of development shall use the Building Type templates at Figures 6
through 15, as allowed by the sub-zone in which the property lies. Plans should introduce new lot lines, if any, and
then depict the placement and disposition of the proposed building type for each lot.
2. Required Submissions. The applicant shall submit twelve (10) sets of the application materials listed in 9.7.2. The
Zoning Administrator may allow the applicant to omit certain items if it is clear that they are not applicable to the
overall proposal. In all circumstances, the proposal shall include the elements required for review under Sections
9.6 (Building Type) and 9.10 (Design).
3. Connectivity requirements. While improvements to an existing roadway are not required, plans under this
subsection must indicate how the proposed construction would relate to the roadway if it were reconstructed in
accordance with the requirements of Section 9.7.3. Proposals under this Section 9.8 involving more than one lot
shall comply with Section 9.7.3.3. Single-lot proposals must indicate design incorporating the requirements of
9.7.3.3, but only must build the improvements when the adjacent lots on the same side of the right -of-way also
have built such improvements or have been approved for construction under this Section.
4. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development
application may be sought by the applicant. The incentive items and allowances, and their effect on the overall
development plan, shall be approved by the City Council, un less specifically delegated within the ordinance
creating the applicable incentive. The request for incentive approval does not require City Council approval of the
entire plan. The Zoning Administrator shall confer with at least o ne City consultant, as directed by ordinance or at
the Administrator’s best discretion, in order to evaluate the proposed incentives and make recommendations to the
approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on
the application of incentives prior to submitting the application to the Planning Commission. If any applied -for
incentives are recommended for rejection, the applicant may elect to re -submit portions of the plans to incorporate
the recommendation without incurring new application fees; the applicant electing to re -submit plans shall submit a
written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358,
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 54
and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the
resubmitted materials within the timelines specified by law, treating the date of re-submission as the first day of
any applicable time period.
5. Administrative Approval. If the application satisfies all applicable criteria, the Zoning Administrator shall
approve the Zoning Compliance Permit. The applicant shall execute a Development Agreement with the City prior
to the receipt of any building permit under the plan.
9. Parking Regulations.
1. On-street parking, either diagonal (angled) or parallel, shall be provided along all streets other than Alleys. Parking
is indicated on the Thoroughfare standards at Figures 2 and 3. Where angle parking is permitted or required, the
parking may be forward or reverse angle. Parking spaces (other than handicapped spaces) on thoroughfares and on -
grade parking lots shall be no wider than 9 feet. Plans for new development and other major subdivisions are
encouraged to plan thoroughfares and civic spaces to provide a significant portion of the parking required for
planned buildings. On-street parking within 1/8 of a mile of a building entrance may be applied toward that
building’s applicable parking requirement.
2. A parking plan shall be included for all buildings, indicating how the parking requirement for each proposed
building is met through on-street parking, shared off-street parking or dedicated off-street parking. Reductions in
the number of spaces required by the Building Type regulations may be approved if the proposal is supported by a
parking study specific to the proposed building(s) and likely tenants. Shared parking proposals are encouraged and
should reference the Urban Land Institute’s Shared Parking Guidelines or similar guidance. Plans including off-
street parking and loading facilities within the Gateway District shall be reviewed by the City Engineer and City
Planner. If, upon review, either consultant determines that an alternative to the proposed parking plan is desirable,
it will recommend an alternate parking plan to the Planning Commission, which shall make a recommendation to
the City Council for final review and approval.
3. The Planning Commission may recommend and the City Council may require a contribution of land or money
toward community parking facilities in lieu of providing off -street parking facilities on the property to be
developed.
4. On-grade parking areas within lots are prohibited within any front yard setback or in front of the principal building.
On-grade parking areas shall be located at the side or the rear of buildings in mid -block areas, and may not be
located within 50 feet of the intersection of any public streets (excluding Alleys). Parking areas shall be landscaped
in accordance with the Gem Lake Landscaping Ordinance.
5. Reduction of impervious surfaces through the use of interlocking pavers or similar materials is strongly encouraged
for areas that serve low-impact parking needs, such as remote parking lots, parking areas for periodic uses and
parking in natural amenity areas.
6. Bicycle Parking. Parking plans shall include designed space and facilities for bicycle parking, at a ratio of 1 bicycle
parking space for each 4 residential units or 20 required automobile spaces. Bicycle parking facilities shall be
located within fifty (50) feet of building entrances and shall be visible from the uses they serve. They shall not be
located so as to impede pedestrian or automobile traffic flow or to cause damage to plants and trees from bicycle
traffic. The facilities shall be of permanent c onstruction, attached to the ground, and designed to allow the bicycle
frame and both wheels to be securely locked to the parking structure. Facilities shall be at least two feet in width
and six feet in length, and be placed to allow a minimum of five fee t of back-out or maneuver space.
10. Design Review Standards. The guidelines established in this section are for the purpose of promoting quality development
that is attractive, convenient and compatible with surrounding uses. These guidelines are intended to be general in nature
and not to restrict creativity, variety or innovation. However, unless site characteristics or conditions dictate otherwise, Gem
Lake’s expectation is that these guidelines be adhered to. In cases where building and site design standards are specific to
Building Types, those standards are noted within the Building Type Template.
1. Site layout guidelines.
1. Site design shall incorporate existing topography and natural features, such as hillsides, wooded areas and
greenways. Important vistas and viewpoints, both from the site and into the site, should be protected and
enhanced.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 55
2. Building arrangement. When multiple buildings are proposed for a site, care should be taken to provide
maximum street exposure for all buildings.
3. Service and docking facilities. Loading, delivery and service bays should be oriented away from existing
residences and public streets. When this is impractical, service and docking areas shall be screened from
view through the provision of walls, fencing or landscaping.
4. Drive-through facilities, where permitted, shall be designed with safe and easily understood traffic
patterns and shall provide sufficient stacking space, based on requirements of Section 9.9. Drive -through
windows should not face public streets; and loudspeakers should not create nuisances for adjacent
properties.
5. Shadowing. Where possible, buildings shall be located so that they minimize shadowing on adjacent
properties. A sun and shadow study may be required for any building that is more than 2 ½ stories or 35
feet in height.
2. Building placement – Nonresidential and Mixed uses. At least 70 percent of the front facade of any building
shall be located on the front build-to line as indicated by the Building Type Template (with the exception of a
“dooryard” layout as indicated on the template’s layout diagram). The placement of buil dings shall reinforce the
street wall, maximize natural surveillance and visibility, enhance the character of the surrounding area and facilitate
pedestrian access and circulation. Parking areas shall be located to the side or rear of the principal building or use
served. The City Council, with the City Architect’s recommendation, may approve alternatives to this requirement,
provided that any adverse effects shall be mitigated by a masonry wall, decorative fence or planted materials,
between 38 and 46 inches in height, which reinforces the street wall.
3. Building placement – Residential-only uses. Buildings shall be located so that the front doors of the building or
individual units face the public street rather than the interior of the site, unless a courtyard layout is authorized on
the Template for the particular building. Parking areas and garages larger than 3 cars shall be located to the rear or
interior of the site, or underground. The City Council, with the City Architect’s recommendation, may approve
alternatives to this requirement when one or more of the following occurs:
1. The proposed building has primary or corner frontage on a Type C or Type D street.
2. Commercial buildings are located across the street from the proposed building.
3. Unusual or unique site conditions make the requirement impractical.
4. Building height and scale. In addition to the height and mass instructions contained within the Building Type
Templates, the height and scale of new buildings shall be related to the prevailing scale of surrounding
development and shall be compatible with surrounding buildings in roof form and pitch. Larger buildings, where
permitted, shall be designed to reflect the same architectural massing and style as other buildings built or proposed
within a two-block area. If no other single, large buildings are pre sent or proposed in the area, then the facade of
the new building shall be designed to reflect the form, mass and shape of several contiguous smaller buildings
within the two block area. The City Council, with the City Architect’s recommendation, may approve alternatives
to this requirement if a larger building is proposed, to reduce its apparent size by dividing the building mass into
smaller sections, including:
1. Stepping back or extending a portion of the building facade;
2. Emphasizing architectural elements, including windows and entries; and
3. Emphasizing architectural elements of the roof, including dormers, chimneys and gables.
5. Building facades. Building facades shall provide architectural detail and shall contain windows at the ground level
in order to create visual interest and maximize outdoor surveillance and visibility. Exterior materials and
appearance shall be compatible with surrounding b uildings.
1. Front Facades and Entries.
1. Primary entries to residential buildings shall be emphasized through the use of architectural
features such as porches and roofs, recessions into the facade, or other details that express the
importance of the entrance. At least 20 percent of the first floor facade that faces a public street
or sidewalk shall consist of windows and doors. Windows shall be distributed in a more or less
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 56
even manner. Plans should avoid placing garage doors and openings on the front façade of a
building. If the garage door or opening is placed on the front façade, it shall not be located on the
building’s leading edge facing the street, but shall be setback at least six feet from the front line
of the building or an approved front yard encroachment (such as a porch, or a deck over a tuck -
under garage).
2. Primary entries to nonresidential or mixed-use buildings shall be emphasized through the use of
architectural features such as roofs, recessions into the facade, or other details that express the
importance of the entrance. At least 60 percent of the first floor f acade that faces a public street
or sidewalk shall be windows or doors of clear or lightly-tinted glass that allow views into and
out of the building. The windows shall be distributed in a more or less even manner. The use of
traditional window dimensions and a one-over-one or two-over-one sash arrangement is strongly
preferred. Buildings shall have entrances to a street or public open space placed no more than
sixty (60) feet apart. Buildings are strongly encouraged to use awnings on the front faça de,
particularly over the main entry. The awning should be compatible in style, material and color to
the rest of the building, and the width of the awning should fit the geometry of the building
façade. There may be signage on the end panel or front valan ce of an awning, proportional to the
space available. The installation of the awning should not hide any architectural detail or
character features of the building.
2. Side and Rear Facades. The exterior materials and appearance of the rear and side walls of any building
shall be similar to and compatible with the front of the building. Where the façade is visible from a public
street or right-of-way or any residential district and concrete-block construction is used, the façade shall
use integrally colored block or textured block. Any exterior building wall adjacent to or visible from a
public street, public open space, or abutting property may not exceed sixty feet (60’) in length without
significant visual relief consisting of one or more of the following:
1. The facade shall be divided architecturally by means of significantly different materials or
textures;
2. Horizontal offsets of at least four feet (4’) in depth;
3. Vertical offsets in the roofline of at least four feet (4’); or
4. Fenestration at the first-floor level which is recessed horizontally at least one foot (1’) into the
facade.
6. Architectural variety. The use of a variety of architectural features and building materials is encouraged to give
each building or group of buildings a distinct character. When accent colors are proposed, the number of colors
should be limited to prevent a gaudy appearance.
7. Materials. All buildings shall be constructed with materials that are attractive in appearance, durable with a
permanent finish, and of high quality. New mixed-use or commercial buildings erected within the Gateway District
shall be of masonry construction, an equivalent, or better. Exterior building materials shall be classified as either
primary, secondary, or accent materials. Primary materials shall cover at least sixty percent (60%) of the faç ade of
a building. Secondary materials may cover no more than thirty percent (30%) of the facade. Accent materials may
include door and window frames, lintels, cornices and other minor elements, and may cover no more t han ten
percent (10%) of the facade.
1. Primary materials may be face brick, stone, glass, architectural concrete or precast concrete units
(integrally colored block or textured block), provided that surfaces are molded, serrated examples or
treated with a textured material in order to give the wall sur face a three-dimensional character.
2. Secondary materials may be decorative block or integrally colored stucco, fiber cement siding (integrally
colored or painted) with hidden seams. Synthetic stucco may be used as a secondary material on upper
floors only.
3. Accent materials may be wood, metal or fiber cement when used in trim, fascia or soffit if appropriately
integrated into the overall building design and not situated in areas which will be subject to physical or
environmental damage.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 57
4. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel,
corrugated metal, plastic or fiberglass siding. Face materials which rapidly deteriorate or become
unsightly such as galvanized metal or unfinished structural clay tile are not permitted.
8. Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually
reflect the traditional concept of the town center. Contrasting colors should be used to emphasize architectural
detail. Where a development plan proposes multiple buildings, the plan shall carry over colors and materials across
adjacent buildings.
9. Roofs. The predominant roof shape in the Neighborhood Center subzone is flat with articulated parapets; the
predominant roof shape in the Neighborhood General subzone is peaked. Roof shapes in the Neighborhood Mixed -
Use subzone should achieve a gradual transition between the two roof types.
10. Outdoor Storage. There shall be no outdoor storage of either materials or products except through the issuance of
a conditional use permit.
11. Screening. Property boundaries abutting property that is not included within the Gateway District shall have
significant dense vegetative screening.
12. Signage. Signage should be integrated as an architectural element, with attention given to the color, scale and
orientation of all proposed signs in relation to the overall design of the building. Signs shall conform to the
regulations in Section 19 of this ordinance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 58
SECTION 10. OPEN SPACE / RECREATIONAL DISTRICT “OS / R”
1. Intent and Purpose. This zoning district is for land in the City of Gem Lake reserved for: 1) open space or, 2) Recreational
uses. There currently is no publicly held open or recreation space within the City of Gem Lake. The only recreational facilit y
within the City is a private golf course and it is the desire of the City to have the golf course property remain recreational in
nature. There may be an interest in the future for small neighborhood “parks” in other areas of the City.
The City desires that this golf course recreational area space use be continued in the future. Based on past zoning practices, the
golf course owner’s wishes, and the Cities likely inability to purchase the golf course property, the golf course will continue as
a conditional use within residential districts. The land under the golf course is currently zoned as being in the “RE” zoning
district.
2. Uses.
1. A golf course shall be a conditional use in residential areas of the City of Gem Lake.
2. Public parks may be provided as part of development formed by a PUD in residential areas in the City.
3. The City will continue to explore options for acquiring true public open spaces or preservation areas, focusing on
land which directly impacts the water quality of the water body called Gem Lake.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 59
SECTION 11. RESERVED
SECTION 12. RESERVED
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 60
SECTION 13. PLANNED UNIT DEVELOPMENT
1. Purpose.
1. The purposes of this section are:
1. To encourage a more creative and efficient development of land and its improvements through the
preservation of natural features and amenities than is possible under the more restrictive application of
zoning requirements. This section may allow modifications such as non-standard lot sizes, private streets
and driveways, reduced rights-of-way and street widths, housing types, zero lot lines and building
setbacks. These changes shall meet the standards and purposes of the City of Gem Lake Comprehensive
Plan while preserving the health, safety, and welfare of the citizens of the city.
2. To allow for the potential mixture of uses in an integrated and well planned area.
3. To ensure concentration of open space into more usable areas, and a preservation of the natural resources
of the site.
4. To facilitate the economical provision of streets and public utilities.
5. To facilitate mixed use developments, and/or affordable housing, recreational uses and institutional uses.
6. Parks and open space. The creation of public open space may be required by the city. Such park and open
space shall be consistent with the comprehensive park plan and overall trail plan.
7. Energy conservation through the use of more efficient building designs and sightings and the clustering of
buildings and land uses.
8. Use of traffic management and design techniques including the provision of transit and pedestrian
linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be
required as appropriate. Where appropriate, the use of transportation demand management strategies may
be required within a project.
2. Permitted Uses.
1. Specific uses and performance standards for each PUD shall be delineated in a development plan.
1. Each PUD shall primarily be used for the use or uses for which the site is designated in the City of Gem
Lake Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a
PUD development plan.
2. Where the site of a proposed PUD is designated for more than one land use in the Comprehensive Plan,
the city may require that the PUD include all the land uses so designated or such combination of the
designated uses as the City Council shall deem appropriate to achieve the purposes of this ordinance and
the Comprehensive Plan.
2. A PUD is an allowable conditional use in all zoning districts in the City of Gem Lake except for land zoned Open
Space/Recreational (‘OS/R”).
3. Coordination with Subdivision Regulation.
1. It is the intent of this section that subdivision review be carried out simultaneously with the review of a planned
development under this section.
2. The plans required under this section must be submitted in a form, which will satisfy the requirements of the Gem
Lake subdivision section of this Consolidated Land Use Ordinance for the preliminary and final plats.
3. Flexibility of design standards and criteria of the Gem Lake subdivision section may be allowed as part of a
planned unit development.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 61
4. Submission of Material Required for Approval.
1. The materials and description of contents required for approval of a PUD are described in the City of Gem Lake
Planned Unit Development Procedure 4-17 available from City Hall. Request a copy of this procedure with your
PUD application form.
5. Enforcement of Development Schedule.
1. The construction and provisions of all of the common open spaces and public and recreational facilities which are
shown on the final development plan must proceed at the same phase of the construction of dwelling units. From
time to time the zoning administrator may review all of the building permits issued for the planned development
and examine the construction which has taken place on the site. If he shall find that the rate of construction of
dwelling units is greater than the rate at which common open spac es and public and recreational facilities have
been constructed and provided, he shall forward this information to the city council, which may modify or revoke
the planned unit development permit.
6. Conveyance and Maintenance of Common Open Space.
1. All land shown on the final development plan as common open space must be conveyed to homeowners
association or similar organization provided in an indenture establishing an association or similar organization for
the maintenance of the planned development. Th e common open space must be conveyed to the homeowners
association or similar organization subject to covenants to be approved by the City Attorney which restrict the
common open space to the uses specified on the final development plan, and which prov ide for the maintenance of
the common open space in a manner which assures its continuing use for its intended purpose.
2. If a homeowners association is created, the applicant shall submit any required homeowner association documents
at the time of the first final plat of development to the City Attorney and City Staff which explain:
1. Ownership and membership requirements.
2. Articles of incorporation and bylaws.
3. Time at which the developer turns the association over to the homeowners.
4. Approximate monthly or yearly association fees for homeowners.
5. Specific listing of items owned in common including such items as roads, recreation facilities, parking,
common open space grounds, and utilities.
7. Standards for Common or Open Space.
1. No open area may be approved as common open space under the provisions of this article unless it meets the
following standards:
1. The location, shape, size, and character of the common open space must be suitable for the planned
development.
2. Common open space must be used for amenity or recreational purposes. The uses authorized for the
common open space must be appropriate to the scale and character of the planned development,
considering its size, density, expected population, topography, and the number and type of dwellings to be
provided.
3. Common open space must be suitably improved for its intended use but common space containing natural
features worthy of preservation may be left unimproved. The buildings, structures and improvements
which are permitted in the common open space must be appropriate to the uses which are authorized for
the common open space and must conserve and enhance the amenities of the common open space having
regard to its topography and unimproved condition.
4. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city before the final plat
is released for recording.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 62
8. Review and Amendment.
1. From time to time the Zoning Administrator may review PUDs within the city and may make a report to the City
Council on the status of non-compliance for a particular PUD. If the Zoning Administrator finds that the
development has not commenced within one (1) year after the original approval of the conditional use for the PUD,
the Zoning Administrator may recommend that the City Council extend the time or revoke the conditional use
permit as set forth in Section 17.5 of th is ordinance. Prior to cancellation or revocation of this permit, the City
Council shall hold a public hearing at which time all interested parties will be given an oppor tunity to be heard.
2. For additional phases of the PUD, if within three (3) years the project has not progressed, the Zoning Administrator
may recommend that the City Council determine what action will be taken with the remainder of the project. Prior
to determining the outcome of the PUD, the City Council shall hold a public hearing at which time all interested
parties will be given an opportunity to be heard.
3. Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the
Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was
approved.
4. Approval of the Planning Commission and City Council shall be required for other changes such as rearrangement
of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved
final development plan.
5. Any amendment to the PUD shall require the same procedures as for the application for a conditional use permit as
set forth in Section 17.5 of this Consolidated Land Use Ordinance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 63
SECTION 14. GARDEN OVERLAY DISTRICT.
1. Findings and Purpose.
1. The City Council makes the following findings:
1. The land-use plans of the City of Gem Lake historically have not assigned any land in the City for long -
term agricultural use, as the City has developed and continues to develop as a primarily residential
community surrounded by fully developed suburban neighb orhoods. The City Council reaffirms the City’s
intent to encourage development of the City in accordance with its adopted comprehensive plans.
2. At the time this Ordinance is considered, large land parcels in the City have yet to develop any primary
use and stand vacant. Additional large-lot property in the City is projected to subdivide and develop into
smaller lots over the next 10 to 30 years. The City Council recognizes that economic conditions are not
always favorable for real estate development, and that the costs to carry vacant land can create pressures
that promote sub-optimal development. Permitting small-scale agriculture as a primary use will allow
owners of large undeveloped parcels to qualify for agricultural tax classification, and thus lower tax
payments, without affecting the long-term plans for the land. The Council finds that providing this means
to temporarily ease this pressure will enhance the City’s ability to fully realize the goals of its
comprehensive plans.
3. Several cities and metropolitan areas are placing a greater emphasis on local food production as a means
of improving public health. Allowing the use of available space in the City for “community gardens” or
“market gardens” to grow food will promote local food production and improve public health in Gem
Lake and the surrounding community.
4. As an interim use of land, subject to the regulations proposed, community gardening and market
gardening will be compatible with all allowed land uses in the City of Gem Lake, and with the goals of the
City’s comprehensive plan.
2. The Council intends that the Garden Overlay District be available to overlay on parcels of land in any existing
zoning district to add the uses described in the district regulations to the list of uses allowed upon that land. The
Garden Overlay District may be applied to and superimposed as an overlay upon any zoning district, defined in this
Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. Nothing in this
Section is intended to affect the ability of landowners to maintain accessory uses that are allowed without the
Overlay zone upon their property, whether or not the Overlay zone covers their property. This overlay district is
intended to permit a temporary land use, and should no longer be needed on a parcel whe n it eventually develops in
accordance with the regulations of the underlying zoning district.
2. Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered as a re-zoning
request in accordance with Section 17.6 of this Ordinance. In addition to the documents and materials generally required for
a re-zoning application, the applicant shall supply copies of draft leases, contracts or use agreements to which the groups or
individuals using the gardens will agree prior to using the garden space. Such agreements must provide the land owner or
designated representative with the legal ability to evict a tenant and bar entry to any individual member of a group, if the
tenant or individual violates the terms of this Ordinance, the terms of the Interim Use Permit for the property, any restrict ive
term of the lease or agreement, or any other applicable City Ordinance or state law.
3. Termination of Garden Overlay. A Garden Overlay District shall remain in effect until one of the following occurs:
1. City approval of a zoning application for a use or uses permitted in the underlying zone (e.g. development plan,
conditional use permit, or building permit); the Garden Overlay status and any permits granted under the terms of
this Section shall expire six months from the date of approval; or
2. The Interim Use Permit for the property expires, and no application is made to renew the permit within six months
of the expiration; or
3. The Interim Use Permit for the property is revoked by the City Council for violations of this Ordinance, permit
conditions, or any other applicable law or ordinance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 64
4. Interim Uses.
1. Subject to applicable provisions of this Ordinance, the following are considered to be Interim Uses in the Garden
Overlay District:
1. Community Gardens.
2. Market Gardens.
2. Interim Use Permits granted under this Section expire on March 15th of each year. The permit may be renewed
annually, at the discretion of the City Council. Application for and approval of an Interim Use Permit shall follow
the procedures set forth in Section 17.5 of this Ordinance. In addition to the requirements of that Section, the
applicant shall provide a written summary of the proposed uses of fertilizers, pesticides and other agricultural
chemicals in the maintenance of the gardens. In approving an Interim Use Permit, the City Council may attach such
additional conditions as it deems necessary to assure compatibility with surrounding land uses, including
conditions relating to the use of agricultural chemicals on the property.
5. Permitted Accessory Uses.
Subject to applicable provisions of this Ordinance, the following are allowed accessory uses to any validly issued Interim
Use Permit in any Garden Overlay District:
1. Hoop houses, cold frames and similar structures used to extend the growing season.
2. Benches, planting beds, compost bins, rain barrels and similar structures used to facilitate the growth of plants.
3. Off-street parking and loading areas.
6. Prohibited Practices.
1. No motorized implements or machinery may be used in the cultivation and maintenance of any garden, except for
plowing of the plots between the hours of 8:00 A.M and 5:00 P.M, Monday through Friday. Motor vehicles of less
than 7,000 lbs. gross vehicle weight may be used to deliver and carry away equipment, supplies and product.
2. Animal husbandry and aquaculture are not permitted activities within a Garden Overlay zone.
3. No fuel, fertilizer, pesticides or similar chemicals shall be stored on the property.
7. General Regulations.
1. The minimum land area for application of a Garden Overlay shall be ten acres.
2. All gardening activity and all structures and equipment shall be setback at least 20 feet from the property line of
any property not included within a Garden Overlay Zone, and at least 150 feet from any dwelling.
3. All gardens shall be divided into garden plots, separated from other plots and from required setback areas by
unpaved walkways of at least 6 feet in width. No single plot shall cover more than 10% of the total land area of the
property on which the plot is located.
4. Off-street parking and loading areas shall be unpaved and shall not exceed 15% of the lot area covered by garden
plots and required walkways.
5. The property owner is responsible for the collection and disposal of litter on the property.
6. The hours of operation for a permitted garden are half hour before sunrise until half hour after sunset.
7. The property owner is responsible for ensuring compliance with all other applicable laws, ordinances and
regulations, including city ordinances and watershed district rules governing wetlands and stormwater control.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 65
SECTION 15. INSTITUTIONAL OVERLAY DISTRICT
1. Purpose.
1. The Institutional Overlay District is intended to provide a means of overlaying an existing Zoning district located
in the City of Gem Lake, for facilities devoted to serving the public. This district is unique in that the primary
objective of uses within this district is for the providing of services, frequently on a non -profit basis, rather than for
the sale of goods or services. It is intended that all uses within such an overlay area will be compatible with all
adjoining uses.
2. The Institutional Overlay District shall be applied to and superimposed as an overlay upon any zoning district,
defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map.
The Institutional Overlay District will remain in effect as long as the use and the user remains the same. If an
overlay area is no longer used, uses are changed or terminated, the parcel will revert back to its original underlying
zoning classification.
2. Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses in an Institutional
Overlay District:
1. Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and
related social activities.
2. Private Child Care and Education facilities as defined in the definitions section of this Ordinance, but with
activities limited to school/educational activities.
1. An enrollment with an age not to exceed twelve (12) years;
2. A total enrollment of not less than twenty-five (25) nor more than one-hundred eighty two (182);
3. A maximum of one-hundred eighty two (182) “full-day equivalent” students with a full-day* defined as
ten (10) hours.
4. The full-day equivalent” shall be calculated by adding together the total number of students present during
each hour of the “full-day” of school. This total shall not exceed 1,820, which is 182 students’ times 10
hours.
3. Permitted Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses
in any Institutional Overlay District:
1. Accessory uses, customarily incidental to the uses permitted as a Permitted Use or Conditional or Interim Use (if a
Conditional or Interim Use is allowed).
2. Off-street parking and loading areas.
3. Accessory building as described in Appendix A of this Ordinance.
4. Conditional or Interim Uses. Subject to applicable provisions of this Ordinance, the following are considered to be
Conditional Uses in the Institutional Overlay District.
1. Living quarters (such as parsonage, rectory or care-takers house) that are supplied as an accessory use to a principal
use provided that:
1. The use shall not be used as a rental property;
2. The maximum of one (1) such dwelling shall be allowed;
3. There shall be a demonstrated and documented need for such a facility.
2. Governmental and public regulated buildings and essential service structures as defined in this Ordinance and
necessary for the health, safety and general welfare of the City, excluding public works facilities and uses provided
that:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 66
1. Compatibility with the surrounding neighborhood is maintained and required setback and side yard
setbacks and side yard requirements are met. Architectural standards for all buildings shall be consistent
with those in adjacent residential property.
2. Any equipment is completely screened in a permanent structure with no outside storage.
3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections
of this Ordinance.
3. Public recreational facilities provided that:
1. The site is landscaped;
2. The use is available to the “public”;
3. The land area of the property containing such uses or activity meets the minim um established for the
district;
4. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections
of this ordinance.
4. Publicly owned or cultural buildings, such as libraries, city offices, auditoriums, pu blic administration offices and
historical developments, but excluding public works type facilities and uses, provided that:
1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard
requirements are met. Architectural standards for all buildings shall be consistent with those in th e
adjacent residential property;
2. Any equipment is completely screened in a permanent structure with no outside storage;
3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections
of this ordinance.
5. Day care, social services or other non-directly related worship activities, as an accessory use within a religious
building, provided that:
1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard
requirements are met. Architectural standards for all buildings shall be consistent with those in th e
adjacent residential property;
2. Any equipment is completely screened in a permanent structure with no outside storage;
3. Adequate screening from neighboring uses and landscaping is provided in compliance with other sections
of this ordinance and the Landscape Ordinance.
6. Accessory buildings with a cumulative total greater than one-thousand (1,000 sq. ft.) square feet.
5. Lot Area and Setback Requirements. The following minimum requirements shall be observed in an Institutional Overlay
District subject to additional requirements, exceptions and modifications set forth in this ordinance:
1. The minimum land area for an Institutional Overlay shall be two and three quarter (2.75) acres of buildable area.
For the purposes of this Ordinance, buildable area means two and three quarter (2.75) acres of land, not including
wetlands and land seasonally flooded on an annual basis, land containing drainage ways or surface water or land
containing aquatic vegetation, and land with slopes in excess of twelve (12%) percent.
2. Lot Width.
1. Two hundred (200) feet of frontage which must be located on a County or State maintained roadway.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 67
3. Setbacks.
Table 15.5.3
FRONT YARD
50 foot setback
SIDE YARD
50 foot setback
REAR YARD
50 foot setback
1. Setback measured from the closest of any lot line, road easement, road right-of-way or the like.
4. Accessory Structure(s) setbacks.
Table 15.5.4
FRONT YARD
100 foot setback
SIDE YARD
50 foot setback
REAR YARD
50 foot setback
1. Setback measured from the closest of any lot line, road, road easement, road right-of-way or the like.
6. Lot Coverage and Height Requirements. The following lot coverage and height requirements shall be observed in the
Institutional Overlay district:
1. The total lot coverage of all buildings and other structures shall not exceed thirty (30%) percent
2. The minimum open space requirement for any proposed use shall be twenty (20%) percent, including green areas
not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces.
3. No building structure shall exceed thirty-five (35') feet in height.
4. No accessory structure shall exceed two (2) stories or twenty -five (25') feet in height, whatever is lesser and no
accessory structure any part of which is within three-hundred (300') feet of an “R” district or a roadway bordering
an “R” district shall exceed fifteen (15') feet in height.
7. Landscaping and Screening.
1. As most Institutional Overlays will occur in residential areas or closely adjacent to Residential areas, landscaping
and screening shall be provided to isolate all light and noise from the Institutional Overlay use from entering the
adjacent Residential areas. This landscaping and screening must be done in accordance with the procedures in this
Ordinance.
8. Procedures for Requesting an Overlay.
1. Application for re-zoning for an overlay.
1. An Institutional Overlay shall be considered a rezoning for a specific parcel of land. This overlay may
occur in any zoning district in the City of Gem Lake. The application for an Institutional Overlay shall be
made on a form provided by the City Clerk. The fee for an Institutional Overlay shall be the same as the
rezoning fee, defined in the Zoning Ordinance. This application for rezoning will only be deemed to be
complete when the following are received:
1. A properly completed application and payment in full is received;
2. A registered property surveyors report is provided properly identifying the parcel to be rezoned;
3. All requirements of the Plan Review described in Appendix A of this Ordinance have been met.
These plans must be reviewed and approved by the Zoning Administrator, Planning Commission
and City Council before any overlay shall be granted. If this is a rezoning to initially define and
overlay, the rezoning activities and the Plan Review shall occur at the same time;
4. Proof of ownership or authorization shall be provided. The applicant shall supply proof of title
and the legal description of the property for which the Institutional Overlay is requested
consisting of and abstract of the title or registered property abstract cu rrently certified together
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 68
with unrecorded documents whereby the petitioners acquire a legal ownership or equitable
ownership interest or supply written authorization from the owner(s) of the property in question
to proceed with the requested Institutional Overlay.
5. A list of all the property owners within three -hundred fifty (350') feet of the proposed site. This
certified list shall be obtained from the County Assessor and supplied to the City Clerk.
2. Procedures.
1. Pursuant to Minnesota Statues 15.99 as may from time-to-time be amended, an application for an
institutional Overlay shall be approved or denied within the time allowed for by law from its official and
complete submission unless notice of extension is provided by the City or a time waiver i s granted by the
applicant. If applicable, processing of the application through required state and federal agencies may
extend the review and decision making period by the additional time allowed by law unless this limitation
is waived by the applicant. Additional City requirements are as follows:
1. Applications for rezoning for an Overlay District shall be filed with the Zoning Administrator on
an official application form available for available from the City Clerk. Such applications shall
also be accompanied by five (5) large scale copies and one (1) reduced scale copy of detailed
written and graphic materials fully explaining the processed change, development, or use. The
request for an institutional Overlay shall be placed on the agenda of the first possible Planning
Commission meeting after the date of submission of the completed application. The request shall
only be considered officially submitted when all the informational requirements are complied
with.
2. Upon receipt of such application, the City shall set a public hearing following proper hearing
notification as applicable. The Planning Commission shall conduct the hearing and report its
findings and recommendations to the City Council. Notice of said hearing shall consist of a legal
property description and description of the request, and shall be published in the official
newspaper at least ten (10) days prior to this hearing and written notice of said hearing shall be
mailed at least ten (10) days prior to all owners of land within three-hundred fifty (350') feet of
the property in question. The City Clerk shall have the right to provide additional property
owners notification beyond the three hundred fifty (350') foot distance if it is judged that the
request will have an impact upon additional properties. The records of the County Assessor shall
be deemed sufficient for determining the location and ownership of all such properties. A copy of
the notice and a list of the property owners and addresses to which the notice is sent shall be
attested and made a part of the records of the proceeding.
3. Failure of a property owner to receive such notice shall not invalidate any such proceedings as set
forth in this Ordinance provided a bona fide attempt has been made to comply with the notice
requirements of this section.
4. When reviewing the proposed institutional overlay, the following additional factors shall be
included in the review:
1. The proposed action in relation to specific policies and provisions of the Official City
Comprehensive Plan;
2. The proposed use’s conformity with present and future land uses in the area;
3. The proposed use’s conformity with all performance standards contained herein;
4. The proposed use’s effect on the area in which it is proposed;
5. The proposed use’s impact upon property value in the area in which it is proposed;
6. Traffic generation by the proposed use in relation to capabilities of streets and roads
serving the property;
7. The proposed use’s impact upon existing public services and facilities including parks,
schools, streets and utilities and the City’s service capacity.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 69
5. The Planning Commission or the Zoning Administrator shall have the authority to request
additional information from the applicant or to retain expert testimony at the eh expense of the
applicant, said information to be declared necessary to evaluate the reques t and establish
performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part
of the applicant to supply all necessary supportive information may be grounds for
recommendation of denial of the request.
6. The applicant or a representative thereof shall appear before the Planning Commission in order to
answer question concerning the proposed request.
7. The Planning Commission shall recommend approval or denial of the request.
8. The City Council shall not act upon such an Overlay request until they have received a report and
recommendation from the Planning Commission. If, however, the Planning Commission has not
acted upon the request after thirty (30) days from the first regular meeting at which the request
was considered, the City Council may proceed with its consideration and action on the reques t.
9. Upon receiving the report and recommendation of the Planning Commission, the City shall place
the report and recommendation on the agenda for the next regular City Council meeting. Such
reports and recommendations shall be entered into and made part of the perm anent written record
of the City Council meeting.
10. Upon receiving the report and recommendation of the Planning Commission, the City Council
shall have the option to hold another public hearing if deemed advisable.
11. If, upon receiving such reports and recommendations from the Planning Commission, the City
Council finds that specific inconsistencies exist in the review process and thus the final
recommendation of the City Council will differ from that of the Planning Commi ssion, the City
Council may before taking any final action, refer the matter back to the Planning Commission for
further consideration. The City council shall provide a written statement detailing the specific
reasons for referral. This procedure shall be followed only one time on a singular request.
3. Approvals.
1. Approval of the Overlay request shall require passage by a four -fifths (4 of 5 votes) majority of the entire
City Council.
2. The Institutional Overlay zoning shall not become effective until such time as the City Council approves
the overlay and after said approval is published in the official newspaper.
3. Prior to the start of building or any remodeling that will change the outside dimensions of a building or
structure, in the Institutional Overlay Zone, a plan review, in accordance with section 14.1 of the Zoning
Ordinance, shall be made. No building permits sha ll be issued until this plan review is complete.
4. Denials.
1. If the City Council finds that a proposed use contemplated for the parcel which is the subject of an
application for rezoning to Institutional Overlay Classification is likely to have a material adverse effect
on the public health, safety of general welfare after considering possible adverse effects which may
include, but not be limited to, those delineated in Section 15.8.2.1.4 (1-7) above, then such application
shall be denied.
5. Recording of Actions Taken.
1. If a request for an Institutional Overlay receives approval by the City Council, the applicant shall record
such with the County Recorder within thirty (30) days of the approval date. The applicant, immediately
upon recording such or as soon as is reasonably possible, furnish the City proof of rec ording, no building
permits for the property in question will be granted until such proof of recording is furnished to the City.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 70
6. Actions if the overlay is denied.
1. Whenever an application for an overlay district has been considered and denied by the City Council, a
similar application and proposal for an overlay affecting the same property shall not be considered again
by the Planning Commission or the City Council for at least one (1) year from the date of its denial except
as follows:
1. Applications for an overlay are withdrawn prior to the City Council taking action on the matter.
2. If the City Council determines by a vote of not less than four-fifths (4 of 5 votes) majority that
the circumstances surrounding a previous application have changed significantly.
7. Time period (duration) of this Institutional Overlay approvals.
1. An Institutional Overlay shall remain in effect until one of the following occurs:
1. Unless the City Council specifically approves a different time when action is officially taken on
the request, the rezoning for an Institutional Overlay shall become null and void twelve (12)
months after the date of approval, unless the property owner or applica nt has substantially started
construction of any building, structure, addition or alteration, or use requested for this overlay.
The property owner or applicant shall have the right to submit an application for time extension
in accordance with this section.
2. If any one of the following occur the overlay shall expire:
1. The use of the property is changed to not be in accordance with the uses outlined in this
section of this Ordinance;
2. The organization to which the permit for and Overlay District has been given is no
longer the occupant of the building or facilities on the site. No leases or subletting of the
building or facilities operating on an Institutional Overlay shall be permitted.
3. If an Institutional Overlay is allowed to expire or is revoked for cause, the parcel of
property shall revert back to the underlying zoning of the parcel.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 71
SECTION 16. GENERAL PROVISIONS
1. Application of this Ordinance.
1. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum
requirements for the promotion of the public health, safety, morals and welfare.
2. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than
comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the
regulations which are more restrictive, or which impose higher standards or requirements shall prevail.
3. Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed
or altered, and no structure or land shall be used, for any purpose, nor in any manner which is not conformity with
this Ordinance.
4. When land is proposed to be annexed to the City of Gem Lake the Planning Commission shall hold a public
hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be
presented to the City Council. In the event of annexation proceedings becoming final before the permanent zoning
is determined, the annexed area shall be placed in the “RE” District and such classification shall be considered as
an interim step pending permanent classification.
5. Real Property Development. making application for development of real property in the City of Gem Lake, the
developer shall submit twelve (12) sets of all plans, variance requirements, and permit requirements in forms
acceptable to the Zoning Administrator or City officials including, but not limited to, the following:
1. A Site Plan; and
2. A Grading and Filing Plan; and
3. A Landscape Plan; and
4. A Tree Preservation Plan; and
5. A Sediment and Erosion Control Plan; and
6. A Storm Water Management Plan; and
7. A Description of the Project; and
8. A Description of Future Expansion Plans; and
9. All Variances, Conditional and Interim Use Permits, and Zoning Amendments required; and
10. All other such plans or information as may be required for specific zoning districts.
6. Development Review Considerations. When making recommendations and decisions considering land use,
variance applications, or rezoning applications, the Planning Commission and City Council shall review and
measure the impact of such uses including, but not limited to, the following as criteria:
1. The impact of the use on adjacent uses; and
2. The impact of the use on air and water quality; and
3. The impact of the use on traffic generation; and
4. The impact of the use on public safety, health and welfare; and
5. The impact of the use on the economy.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 72
2. Severability.
It is hereby declared to be the intention of the Mayor and City Council that the several provisions of this Ordinance are
severable. If any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be
invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment.
3. Non-Conforming Uses and Structures.
1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in
a manner of operation existing upon such date except as hereinafter specified.
2. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared
unsafe by the City.
3. When any lawful non-conforming use of any structure or land in any district has been changed to a confirming use
it shall not thereafter be changed to any non-conforming use.
4. When a lawful non-conforming building or structure shall have been damaged by fire, flood, explosion, earthquake,
war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months
after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market
value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance.
5. Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of six (6)
months, any future use of said building or structure or land shall be in conformity with the provisions of this
Ordinance.
6. Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is
permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the
nonconforming use.
7. A lawful non-conforming use may be changed only to a use of the same or more restricted classification.
8. Alterations may be made to a structure or building containing lawful non-conforming residential units when they
will improve the livability thereof, provided they will not increase the number of dwelling units.
9. Uses Not Provided for Within Zoning Districts:
1. Whenever, in any Zoning District, a use is neither specifically allowed nor denied, the use shall be
considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own
initiative, or upon request of the property owner, conduct a study to determine if:
1. The use can be deemed consistent with the Comprehensive Municipal Plan;
2. The use is acceptable to and will not adversely affect adjacent property owners;
3. The use is in the public interest and is not determined to be offensive;
4. Which defined Zoning District would be most appropriate for the use;
5. What conditions and standards relating to development of the use should be imposed? Upon
completion and consideration of the study, the City Council or Planning Commission or the real
property owner may initiate a request for an amendment to the Zoning Ordinanc e to provide for
the particular use under consideration in accordance with the definitions and provisions contained
in this Ordinance.
4. Lot Provisions.
1. Land covered by Gem Lake, its contiguous bog area including islands (measured to the mean high water mark) and
other DNR protected wetlands shown on applicable section maps covering the area shall not be included in any
area calculations required by this Ordinance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 73
2. In all residential districts, a lot must include contiguous buildable area as shown in tables located elsewhere within
the ordinance unless the lot is part of a cluster or planned unit development that has been reviewed and
recommended for approval by the Planning Commission and approved by the City Council.
5. Accessory Buildings.
1. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal
building to which it is accessory.
2. No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory
building exceed twenty-five (25') feet in height.
3. An accessory building shall be considered to be an integral part of the principal building unless it is six (6) feet or
more from the principal building.
4. No detached accessory building shall be less than sixty (60') feet from the public right -of-way except on a corner
lot, unless it conforms to the side yard requirements of the principal building. Those accessory buildings located
sixty (60') feet or more behind the right-of-way line shall have a side yard of two (2') feet or more and a rear yard
of three (3') feet or more.
5. No combinations of accessory buildings shall be allowed to exceed one -thousand (1,000) square feet in size, except
by Conditional or Interim Use Permit from the City Council.
6. Required Yards, Open Space and Heights.
1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less
than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than
the minimum required, it shall not be further reduced.
2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot
area requirements for any other buildings.
3. The following shall be considered as permitted encroachments on set-back and height requirements:
1. In any yards: posts, off-street open parking spaces, open terraces, awnings, open canopies, steps,
chimneys, and flag poles.
2. In front yards: service stations pump islands and fences. Fences must be at least eighty (80%) percent
open.
3. In side and rear yards: fences or walls six (6') feet in height or less. However, in a corner lot no
obstruction higher than three (3') feet above curb level shall be located within twenty (20') feet of the lot
corner formed by any two streets, or within fifteen (15') feet of any street right-of-way. See Residential
Zoning Districts for additional regulations for fences.
4. In rear yards, recreational and laundry drying equipment, open arbors and trellises, balconies, breeze
ways, porches, detached outdoor living rooms, barbecue facilities and portable seasonal living structures.
5. Height limitations shall not apply to barns, silos, and other structures on farms; to church spires, belfries,
cupolas and domes; monuments; chimneys and smokestacks; flag poles; public utility facilities; Accessory
and Secondary Use antennas and parapet walls ex tending not more than four (4') feet above the limiting
height of the building.
7. Traffic Visibility.
1. No fences, structures or planting exceeding thirty (30") inches in height above the center line grade of the street
shall be permitted within the required front yard set-back on a corner lot.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 74
8. Farming Operations.
1. All farms in existence upon the effective date of this Ordinance and all farms which are brought into the City by
annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations
contained herein and other City Ordinances as in effect shall apply to all changes of the farming operation which
will cause all or part of the area to become more intensively used or more urban in character. See Residential
Zoning Districts for additional regulations of agricultural buildings.
9. Essential Services.
1. Essential services shall be permitted as authorized and regulated by state law and ordinances of the City of Gem
Lake.
10. (Deleted)
11. (Deleted)
12. Relocation of Dwelling Units.
1. It shall be the stated policy of the City of Gem Lake to maintain a harmonious and high standard of residential
development and to protect residential areas from deleterious effects through insuring that both new and relocated
dwellings form other areas, both within the City of Gem Lake and from outside, shall meet specified requirements.
Such relocation of dwellings as stated above must conform to all regulations of the Building Code and shall be
permitted in the zoning district where all necessary specifications as to lot sizes, setbacks, type of use, height
regulations and all other conditions as laid down in this Ordinance are met.
2. In addition, such relocations shall require a Conditional Use Permit from the City Council wherein the following
procedures shall be followed and provisions shall be met:
1. Application shall be made on forms provided by the City Clerk;
2. A fee for the Relocation of Dwelling Units shall be required in an amount established by resolution of the
City Council at its first meeting in January of each year. Further, the City may impose additional fees
including, but not limited to, engineering costs, attorney’s fees, expert opinions and publishing costs
payment of which may also be required of the applicant as part of the process. The building mover shall
meet all requirements for licensing and insurance as required by Minnesota Statues 221.81 and as from
time to time amended.
3. The application shall be referred to the City Council, who shall set a time and place for a public hearing
giving at least ten (10) days’ public notice of such hearing.
4. At least ten (10) days before such hearing, the Council shall mail a notice of said hearing to property
owners within three-hundred fifty (350') feet of the relocation premises. Failure of the Council to mail the
notice, or failure of the title holder to receive the notice shall not invalidate the proceedings.
5. The Planning Commission shall make a report to the City Council on the matter before or at the public
hearing.
6. The City Council shall make a finding and declare whether or not the structure to be moved is
architecturally compatible.
13. Fences.
1. General Provisions.
1. No fences shall be placed on or extend into a public or private right-of-way or utility easement.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75
2. The side of the fence considered the “face’ (i.e. the side having no structural supports) shall face abutting
property or the public or private right-of-way.
3. Both sides of the fence shall be maintained in a condition of reasonable repair and appearance by its
owner and shall not be allowed to become or remain in a condition of disrepair or danger or constitute a
nuisance, public or private.
4. No physical damage of any kind shall occur to abutting property during fence construction.
5. All fences shall be constructed inside the property lines of a lot. If corner property stakes cannot be readily
identified, a certificate of survey and setting of corner property stakes is necessary before fence
construction starts.
6. All man-made fences shall consist of materials comparable in grade and quality to the following:
decorative masonry, wrought iron or wood, provided the surfaces are finished for exterior use, or wood of
proven durability such as cedar or redwood is used.
7. Chain link fences shall only be used for dog confinement areas (six (6'0") foot maximum height), around
swimming pools or spas four (4'0") foot maximum height) or for tennis courts (twelve (12'0") foot
maximum height) in rear and side yards only. Chain link fences which need additional height or for other
uses or placement shall require a Conditional Use Permit.
8. Fences, utilized for the protection of gardens, crops and shrubs from deer and other wildlife which are
setback a minimum of twenty-five (25'0") feet from any property line, are at least eighty (80%) percent
open and not greater than six (6'0") feet in height and are limited to specified areas requiring protection,
shall be exempt from any City review or processing requirements.
9. It is recommended that all fences be screened with trees or shrubs to buffer views, neighboring property or
public right-of-way, or to generally ensure aesthetic quality and compatibility with the natural character of
the community.
2. Specific Fence Standards. Fences may be allowed in the City of Gem Lake subject to the following standards:
1. Split rail fences not exceeding forty-eight (48") inches in height are permitted anywhere within the
property lines of a lot located within the City. Location of the fence in relation to the property line as
described in 16.13.1.5 must be followed.
2. Except as may be provided herein, fences up to six (6'0") feet in height and no more than eighty (80%)
percent solid matter shall be permitted along the boundaries of the side and rear yard of a lot on a
permanent basis. Location of the fence in relation to the property line as described in 16.13.1.5 must be
followed.
3. Fences not exceeding six (6'0") feet in height, in areas other than for residential areas of the City, may be
permitted in front of the front building lines as established by the primary structure on the lot, where
required for screening of adjacent property.
4. On corner lots, no fence greater than thirty (30") inches high shall be located in the sight visibility triangle
on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or
within fifteen (15'0") feet of any street right-of-way.
5. All swimming pools must be completely enclosed with a safety fence at least four (4'0") feet in height
which shall completely enclose the pool. This fence shall be as described in Section 16.14.3. A temporary
fence as described in 16.14.3.3 shall be installed and shall be in-place before the pool is filled.
6. All outdoor spas shall have either a fence or a latchable cover, as described in 16.14.3.4
7. Freestanding stone, brick, stucco, concrete, wood or other walls, not required as retaining structures, are
considered fences under this section of this Ordinance.
8. There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning
district except no plantings greater than thirty (30") inches high shall be located in the sight visibility
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 76
triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two
streets or within fifteen (15'0") feet of any street right-of-way.
9. Temporary snow fences can be erected for temporary site protection or for diverting snow. Snow fences
shall not be used as permanent fencing. Snow fences shall not be located in the sight visibility triangle on
the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or
within fifteen (15'0") feet of any street right-of-way.
3. Fence standards allowed by Conditional Use Permits. The following fences may be approved by Conditional
Use Permit only, in accordance with the standards as set forth by the City Council:
1. Fences allowed by Conditional Use Permit are as follows:
1. All chain link fences with a height greater than described in Section 16.13.1.7.
2. Fences, such as sales lot security fences, which include a security gate at a point where access is
provided to the property and/or principal building
3. Fences greater than six (6') feet in height around a garden, crops, and shrubs utilized for the
protection of such from deer and other wildlife.
4. Barbed wire and electrically charged fences. (All such fences must be marked with caution signs
on all exposures).
4. Non-Conforming Fences. It is the intent of this section to allow the continuation of such non-conforming fences
as may already exist until they are discontinued as provided herein. However, it is not the intent of this Section to
encourage the survival of non-conforming fences and such fences are declared to be incompatible with permitted
conforming fences and such fences are declared to be incompatible with permitted fences within the City. Such
fences shall be regulated by the following provisions:
2. An existing fence not permitted by this Ordinance, except when required to do so bylaw or ordinance,
shall not be enlarged, extended, reconstructed or structurally altered unless such fence is changed to one
permitted. Maintenance of a non-conforming fence will be allowed, however, when this includes
necessary repairs and incidental alterations which do not expand or intensify the non -conforming use.
14. Outdoor Swimming Pools and Spas.
1. Private swimming pools shall be constructed so as to avoid hazard or damage to the occupant of the subject
property or the occupants of adjacent property and shall conform as follows:
1. Permit Required. No outdoor swimming pool shall be constructed or established and no such pool
construction shall be commenced in the City of Gem Lake without first obtaining building and
plumbing and, as necessary mechanical permits approved by the City Building Official .
2. Applications. Applications for a swimming pool related permits may be secured from and shall be
submitted to the City Clerk along with a fee determined by the fee schedule for construction permits in
effect at the time of application and based upon the estimated value of the construction. Applications for
swimming pool permits shall include, without limitation the following information:
1. Complete plans and specifications for the construction of the pool.
2. A site plan showing the location of all structures on the lot including the house, garage, fences,
trees, overhead or underground wiring, utility easements, sewage systems and other significant
improvements or natural features;
3. The proposed locations of pumps, filters, electrical power source (if applicable), flushing and
drainage outlets and other operational features;
1. A plan showing where pool water will be discharged and the path such discharged water
will follow. In no case shall any water discharged from a swimming pool or spa be
allowed to flow directly into any lakes, ponds or wetlands.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 77
4. Location and specifications of protective fencing.
2. Construction setback requirements for pools. Private outdoor swimming pools shall be constructed as to avoid
hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the
following minimum requirements:
1. Underground or overhead utilities shall be located in conformance with the National Electric Code;
2. No pool shall be located within any private easement, public or private utility easement, ingress or
egress easement, drainage way, marsh, or other location in which it will represent a threat to the natural
environment;
3. In areas zoned or used for single family residential purposes, pools are prohibited in the front yard and
shall not be located within thirty (30'0") feet of any lot lines, nor within ten (10'0") feet of any principal
structure or accessory buildings except accessory building without frost footings. No mechanical
equipment shall be located closer than thirty (30'0") feet to any lot line;
4. No portion of any swimming pool or appurtenances thereto shall be located less than ten (10'0") feet to
any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a
swimming pool be less than fifteen(15'0") feet from any portion of the sewage treatment system.
3. Safety Fence Required. A safety fence of at least four (4'0") feet in height shall completely enclose the outdoor
pool. All openings or points of entry into the pool area shall be equipped with self -closing and self-latching gates or
doors. All gates and doors shall have a latch which is no less than four (4'0") feet above the ground level and which
shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched
when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between
the bottom of the fence and the ground level shall not exceed three (3") inches.
1. Safety fences shall be constructed of materials with minimum spaces between the materials and shall be
constructed so as to inhibit the climbing thereof by any person. If a safety fence is located within an area
subject to and covered by a homeowners association, and if such homeowners association has an
architectural review committee, then the architectural review committee shall approve the location and
style of the fence.
2. Above ground pools of four (4') feet or more in wall height shall be exempt from complete closure by a
type of fence resistant to being climbed, however, above ground pools shall be equipped with a fence
and gate system at all point of entry to the pool. Said fence and gate system shall effectively control
access to the pool and shall be constructed pursuant to the specifications herein contain for underground
pools.
3. Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more
than eighteen (18") inches into the shallowest portion of any swimming pool newly constructed or being
constructed until such time as the Building Official authorizes the filling of such pool with water. Such
authorization shall be withheld until, as a minimum, the permittee has caused such pool to be
completely enclosed by a swimming pool construction fence. Said construction fence shall:
1. Be of snow fence like of similar design and be securely anchored in place;
2. Be constructed with its base flush to the ground;
3. Be at least four (4'0") feet in height and have supportive posts placed no more than eight (8'0")
feet apart;
4. Remain in place until a permanent fence completely enclosing the swimming pool is installed.
4. All outdoor Spas shall either have a fence as described in this section for outdoor swimming pools or a
latchable cover. The cover should be constructed of a material impenetrable by toddlers and subject to
inspection by the City building Official.
4. Miscellaneous Requirements.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 78
1. All back-flushing water or pool drainage water shall be directed to be on the property of the owner or on
approved drainage ways. Drainage onto public or private streets or other public or private drainage ways
shall require a permit from the City Building Official.
2. Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties.
3. All electrical installations shall comply with the State Electrical Code.
4. Precautions during construction:
1. Avoid damage, hazards or inconvenience to adjacent or nearby prope rty;
2. Assure that proper care shall be taken in stockpiling excavating materials to avoid erosion, dust
or other infringements upon adjacent property;
3. All access for construction shall be over the owner’s land and due care shall be taken to avoid
damage to streets and adjacent private or public property.
5. Nuisance. The conduct of persons and the operation of pools shall be the responsibility of the owner and any
tenants thereof and such conduct of persons and operation of the pool shall be done in a manner so as to avoid any
nuisance or breach of the peace, and it shall be unlawful to allow loud noises to go beyond the boundaries of the
property upon which the pool is located to adjacent property.
15. Land Reclamation.
1. Under this Ordinance, Land Reclamation shall be defined as the reclaiming of land by depositing of material so as
to elevate the grade. In all Zoning districts, Land Reclamation shall be permitted only upon issuance of a Special
Use permit. Any lot or parcel upon which an aggregate amount of four hundred (400) cubic yards or more of fill is
to be deposited shall be defined as Land Reclamation. The request for a Land Reclamation permit shall contain at
least the following:
1. Completed Special Use Permit form and necessary fees;
2. Survey of the site where Land Reclamation is to occur showing land contours before and after Land
Reclamation. This survey shall be large enough in scale to allow for at least the inclusion of the
immediate adjacent parcels of land.
3. A sketch showing current water drainage from/to the site and any modifications of such drainage after
Land Reclamation is complete.
4. A description or sketch showing the soil erosion control measures to be used during this Land
Reclamation activity.
5. Description of the amount, origin and types of materials to be placed on the land as part of this Land
Reclamation.
6. A sketch and/or description of the final cover material to be placed on the fill deposited by this Land
Reclamation. The City Council may require a monetary deposit be placed with the City to insure that
the final grading and landscaping be completed per the supplied sketches and description.
7. Statement of when this Land Reclamation is to occur including the hours of the day and days of the
week of such planned activities. The City might further limit these hours and days of operation.
8. A route map showing the route for the trucks moving to and from the site. Copies of any special
permits needed from the county or state highway departments should be attached.
2. Each Land Reclamation Special Use permit shall be valid for a maximum of one year or as described in the Special
Use permit issued by the City.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 79
16. Mining.
1. Under this Ordinance, mining shall be defined as the extraction and incidental processing of sand, gravel, or other
materials from the land in the aggregate amount of four hundred (400) cubic yards or more of removal thereof from
a single site. In all zoning districts, the conduct of Land Mining shall be permitted only upo n issuance of a Special
Use Permit. Each request for a permit for Land Mining shall at least include the following:
1. Completed Special Use Permit form and necessary fees
2. Survey of the site where Land Mining is to occur showing land contours before and after the Mining.
This survey shall be large enough in scale to allow for at least the inclusion of the immediate adjacent
parcels of land.
3. A sketch showing current water drainage from/to the site and any modifications of such drainage after
Land Mining is complete.
4. A description or sketch showing the soil erosion control measures to be used during this Land Mining
activity.
5. A sketch and/or description of the final cover material to be placed on the land exposed by this Land
Mining. The City Council may require a monetary deposit with the City to insure that the final
grading and landscaping be completed per the supplied sketches and description.
6. Statement of when these Land Mining activities are to occur including the hours of the day and days
of the week of such planned activities. The City might further limit these hours and days of operation.
7. A route map showing the route for trucks moving to and from the site. Copies of any special permits
needed from the county or state highway departments should be attached.
2. Each Land Mining Special Use permit shall be valid for a maximum of one year or as described in the Special Use
permit issued by the City.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 80
SECTION 17. ADMINISTRATION AND ENFORCEMENT
1. Enforcing Officer.
1. The Mayor shall appoint a Zoning Administrator, subject to the approval of the City Council, who shall have the
duty and responsibility of enforcing and administering this Ordinance.
2. Building Permit.
1. No structure shall hereafter be erected, or structurally altered until a building permit shall have been issued
indicating that the existing or proposed structure and the use of land, comply with this Ordinance and all Building
Codes. All applications for building permits pertaining to the erection, or major alteration which will affect the
outside dimensions of a structure shall be accompanied by three (3) copies of a site plan to scale showing the actual
dimensions of the lot, lots or parcel to be built u pon, the dimensions of the ground plan and the extensions beyond
the outside wall of the proposed structures to be erected or structurally altered, their location on the site in relation
to the outside boundary and such other information as may be necessar y to provide for the enforcement of these
regulations. One copy of the site plan is to be approved and is to be made available on the site.
3. Duties of the Zoning Administrator.
1. The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority
he shall:
1. Conduct inspections of buildings and use of land to determine compliance with the terms of this
Ordinance;
2. Maintain permanent and current records of this Ordinance, including but not limited to, all maps,
amendments, and conditional and interim uses, variances, appeals and applications, thereto;
3. Receive, file and forward all applications for zoning amendments, variances, conditional or interim uses
or other matters to the Planning Commission and City Council;
4. Institute in the name of the City of Gem Lake any appropriate actions or proceeding against a violator as
provided by law;
5. Approve all building permits, submitted by the Building Inspector, after determining that the permit is
in compliance with this Ordinance. This approval must be made before the permit is issued;
6. Act as Chairman of the Gem Lake Plan Review Commission.
2. The City Council may, on prior recommendation of the Zoning Administrator, empower the Ramsey County
Sheriff in specific instances to perform any of the acts which the Zoning Administrator is directed or authorized to
perform by this Section.
4. Variances.
1. Purpose and Intent. The City Council, sitting as the Board of Appeal and Adjustment, may grant Variances from
the strict applications of the provisions of this Zoning Ordinance and impose conditions and safeguards in the
Variances so granted. These Variances shall be consider ed in cases where by reason of narrowness, shallowness, or
shape of a lot or where by reason of exceptional topographic or water conditions or where other extraordinary and
exceptional conditions of such lot exist, the strict application of the terms of th e Zoning Ordinance would result in
practical difficulties upon the owner of such lot in complying with the regulations of the zoning district in which
said lot is located. “Practical difficulties,” as used in connection with the grant of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the
plight of the landowner is due to circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not
constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems. A variance may not be granted to allow any use that is not allowed in the zoning
district in which the property is located.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 81
2. Application. An application for any Variance from the Zoning Ordinance shall be made on a form provided by the
City. If the Variance is to be considered in association with any other Building Permits, Conditional or Interim Use
Permits, or Subdivision, all related applications shall be submitted simultaneously with the Variance application so
as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City
in an aggregate amount as established in the City’s fee schedule. The application(s) shall state full all facts relied
upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the
Variance as required and communicated by the Zoning Administrator.
1. An application will be considered complete on the date the application(s), fee(s), and all supplemental
materials requested have been received by the Zoning Administrator. As required by law, the City shall
act on the application within the period prescribed unless said required period is extended or waived.
2. When reviewing variance applications, impact on the following criteria shall be reviewed and measured
by the Planning Commission and City Council:
1. Adjacent Uses; and
2. Air and Water Quality; and
3. Traffic Generations; and
4. Public Safety and Health; and
5. Area Aesthetics; and
6. Economic Impact on the Entire Area; and
7. Consistency with the Comprehensive Plan.
3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning
Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular
meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare
of the public, the Planning Commission shall have authority to request additional information from the applicant
concerning the Variance or to retain expert testimony with the consent and at the expense of the applicant
concerning the application.
4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning
Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be
published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said
notice stating the date, time, place and a summary of the application.
5. Referral to City Council. The Planning Commission shall make written findings of fact and recommendation to
the City Council which shall include such actions or conditions relating to the request as may be deemed necessary
to carry out the intent and purpose of this Ordinance and the Comprehensive Plan.
6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public
comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such
meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application
unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning
Commission within thirty (30) days of its receipt, the City Council may take action without further communication
from the Planning Commission. The City Council shall, in the form of a resolution, make a written finding of fact,
and convey its decision to approve or deny the application. The Council may impose conditions on the grant of a
variance, provided that any condition imposed is directly related to a likely impact of the variance, and in rough
proportionality to the scope of said impact. Approvals shall require a majority vote of the City Council.
7. Issuance of Variance. Following a decision by the City Council to approve or deny the application, the Zoning
Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice
considered delivered upon deposit for delivery with the US mail.
8. Lapse of Variance. Any Variance issued shall lapse if not acted upon within one (1) year of the date of issuance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82
5. Conditional and Interim Use Permits.
1. Purpose and Intent. The City Council may, by resolution, grant Conditional or Interim Use Permits for the uses
and purposes described elsewhere in this Ordinance as Conditional or Interim Uses and may, in the granting of
such Conditional or Interim Use Permits, impose conditions and safeguards which promote the guidelines set forth
in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this
Ordinance.
2. Application. An application for a Conditional or Interim Use permit shall be made on a form provided by the City.
If the Conditional or Interim Use Permit is to be considered in association with any other building permits,
variances, or subdivision, all related applications shall be submitted simultaneously with the Conditional or Interim
Use Permit application so as to represent the full intent of the applicant. The application(s) shall be accompanied by
a fee payable to the City in an aggregate amount as established i n 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 Adminis trator. An application
will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have
been received by the Zoning Administrator. As required by law, the City shall act on the application within the
period prescribed unless said required period is extended or waived.
1. When reviewing Conditional and Interim Use Permit applications, except those for residential building
height, impact on the following criteria shall be reviewed and measured by the Planning Commission
and City Council:
1. Adjacent Uses; and
2. Air and Water Quality; and
3. Traffic Generations; and
4. Public Safety and Health; and
5. Area Aesthetics; and
6. Economic Impact on the Entire Area; and
7. Consistency with the Comprehensive Municipal Plan; and
8. Anticipated Duration of the Conditional or Interim Use.
2. Residential Building Heights. When reviewing Conditional Use Permit applications which deal
exclusively with residential building heights, the matter shall be forwarded to the Gem Lake Plan
Review Commission who shall, in a timely manner, review all such applications in accordance wit h
criteria established and, from time to time, modified, by the Plan Review Commission. Upon
completion of the review, the Plan Review Commission shall forward the application along with its
written recommendation to the City Council for consideration and approval or denial at its next regular
meeting. No review by the Planning Commission as required i n Section 17.5.3 or Public Hearing as
required in Section 17.5.4 shall be required for this Conditional Use unless specifically ordered by the
City Council. In all such matters, the City Council shall be considered the Board of Appeals.
3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning
Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular
meeting following receipt of complete application(s). To insure preservation or health, safety, and general welfare
of the public, the Planning Commission shall have authority to request additional information from the applicant
concerning the application or to retain expert testimony with the consent and at the expense of the applicant
concerning the application. The Planning Commission shall review the matter determining the effect of the
proposed Conditional or Interim Use on: the Comprehensive Municipal Plan; the character and development of the
neighborhood and Zoning District; conformance with the Performance Standards and other provisions of this
Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Conditional or
Interim Use.
4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning
Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 83
published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said
notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all owners
of real property located within three hundred fifty (350'0") feet of the Conditional or Interim Use site based upon a
list and mailing labels secured from Ramsey County Property Records and Revenue.
5. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the
Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which
shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent
and purpose of this Ordinance.
6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public
comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such
meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application
unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning
Commission within thirty (30) days of its receipt, the City Council may take action without further communication
from the Planning Commission. In considering the application, the City Council shall determine that the propo sed
Conditional or Interim Use:
1. Will not be detrimental to public health, safety, and general welfare;
2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan;
3. Is in compliance with this Ordinance.
The City Council shall, in the form of a resolution, make a written finding of fact, convey its decision to approve or
deny the application, and impose such conditions on approvals as may be necessary to protect the public health,
safety, and welfare. Approvals shall require a majority vote of the City Council.
7. Issuance of Conditional or Interim Use Permit. The Zoning Administrator shall promptly notify the applicant in
writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US
mail. In the case of approvals, a Conditional or Interim Use Permit shall ap ply only to the use stated on the permit
and the application.
8. Lapse of Conditional or Interim Use Permit. If the use stated on the permit and application is not taken up and
implemented within one (1) year of the date of issuance, such issued Conditional or Interim Use Permit shall lapse.
9. General Standards. All Conditional and Interim Uses shall comply with the following general standards.
1. Existing Uses. Shall be in accordance with zoning and building standards in effect at the time of initial
construction and development and shall continue to be governed by such regulations in the future.
2. New Uses. Shall conform as follows:
1. Compliance with all zoning and other regulations as may otherwise be applicable;
2. The date or the event that will terminate the use can be identified with certainty;
3. The existence of the Conditional or Interim Use will not impose additional costs on the public if
it becomes necessary for the public to take the property in the future;
4. The user agrees to any conditions of approval associated with the approval of the Conditional or
Interim Use Permit by the City Council.
3. Existing and New Uses. Shall conform as follows:
1. Shall maintain harmony and compatibility with surrounding uses and with the architectural
character and design standards of existing uses and development;
2. Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 84
3. Shall not generate such additional traffic associated with the use that would overburden or exceed
the capabilities of streets and other public services and facilities including, but not limited to,
parks, schools, and utilities serving the area.
6. Amendments.
1. General. In accordance with provisions of Minnesota Statues, the City Council may, from time to time, adopt
amendments to this Ordinance providing such amendments are consistent with the intent of the Comprehensive
Municipal Plan.
2. Initiation. The City Council or the Planning Commission may, upon their own motion, initiate a request to amend
the text, tables or district boundaries and maps of this Ordinance. Any person(s), firm(s), or corporation(s) who are
the fee title owners of real property in the City or who have been designated in writing to represent the interest of
the fee title owners of real property in the City may initiate a request to amend the text, tables or district boundaries
and maps so as to affect the said real property or such real property adjacent thereto.
3. Application. An application to Amend the Zoning Ordinance shall be made on a form provided by the City. If the
application to Amend the Zoning Ordinance is to be considered in association with any other Building Permits,
Variances, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted
simultaneously with the application so as to represent the full intent of the application. The application(s) shall be
accompanied by a fee payable to the City in an aggregate amount a s established in the City’s fee schedule. The
application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans,
or additional data for consideration of the application as required and communicated by the Zoning Administrator.
An application will be considered complete on the date of the application(s), fee(s), and all supplemental materials
requested have been received by the Zoning Administrator. As required by law, The City shall act on the
application within the period prescribed unless said required period is extended or waived.
4. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning
Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular
meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare
of the public, the Planning Commission shall have authority to request additional information from the applicant
concerning the application or to retain expert testimony with the consent and at th e expense of the applicant
concerning the application. The Planning Commission shall review the matter determining the effect of the
proposed application on: the Comprehensive Municipal Plan; the character and development of the affected
neighborhood(s) and Zoning District(s); conformance with the Performance Standards and other provisions of this
Ordinance; compliance with other applicable law, regulations, and provisions which may affect the amendment.
1. Only applications for zoning amendment which meet one of the following conditions should be
considered:
1. A mistake has been made in the original zoning which was inconsistent with the Comprehensive
Municipal Plan adopted by the City which should now be corrected; or
2. Substantial changes have occurred within the City since the adoption of the Comprehensive
Municipal Plan which changes should result in an amendment of both the zoning and the
Comprehensive Municipal Plan; or
3. There shall exist a clear public need for a benefit to be derived from the proposed zoning which
shall be greater than any benefit or convenience of the property owners.
4. Beyond a public need being evident, the application shall show that the public interest would be
best served by rezoning the property in question and that the property in question is the best
qualified to serve said public need; or
5. In the case of “down zoning” which would diminish the intensity of the current use to a less
intensive use, the proposed zoning shall allow the property owners a reasonable use of their
property under the terms of this ordinance as well as serve the public interest.
2. When reviewing a zoning amendment applications, impact on the following criteria shall be reviewed
and measured by the Planning Commission and City Council:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85
1. Adjacent Uses; and
2. Air and Water Quality; and
3. Traffic Generations; and
4. Public Safety and Health; and
5. Area Aesthetics; and
6. Economic Impact on the Entire Area; and
7. Consistency with the Comprehensive Plan.
5. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning
Commission to receive public comment on the matter. Notice of the public hearing shall be published in the City’s
official legal publication not less than ten (10) nor more than thirty (30) days with said notice st ating the date, time,
place and a summary of the application. If the amendment might affect the zoning or use of specific property, a
similar notice shall be mailed to all owners of real property located within three hundred fifty (350') feet of the
affected property based upon a list and mailing labels secured from Ramsey County Property Records and Revenue
by the applicant and within the same time frame.
6. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the
Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which
shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent
and purpose of this Ordinance.
7. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public
comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such
meeting to be within the time prescribed by law unless such date is extended or waived. If no recommendation is
transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council
may take action without further communication from the Planning Commission. In considering the application, the
City Council shall determine that the proposed amendment:
1. Will not be detrimental to public health, safety, and general welfare;
2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan;
3. Is in compliance with this Ordinance.
The City Council shall, in the form of a resolution, make a written finding a fact, convey its decision to approve or
deny the application, and impose such conditions on approvals as may be necessary to protect the public health,
safety, and welfare. Approvals shall require a majority vote of the City Council.
8. Adoption of the Amendment and Incorporation of Amendments into the Ordinance. The Zoning
Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice
considered delivered upon deposit for delivery with the US mail. In the case of approvals and unless otherwise
specified by the City Council, the Amendment shall be considered in effect on a date specified by the City Council,
but not later than thirty (30) days subsequent to the City Council’s decision.
7. Appeals
1. All appeals from any order, requirement, or decision of the Zoning Administrator or Building Official shall be
brought before the Planning Commission who shall act in the capacity of Board of Appeals in all matters related to
this Ordinance.
2. All appeals shall be filed in writing with the Zoning Administrator accompanied by any substantiating information
and list of experts who shall may testify on behalf of the appellant. Upon receipt, materials shall be forwarded to
the Chairman of the Planning Commission who shall place the matter on the agenda of the next meeting or a
special meeting, provided a notice of the special meeting is appropriately published in the City’s legal publication.
Notice of all hearings for appeals shall be mailed to all appellants.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86
3. Upon review of the appeal and supplemental documentation and testimony related thereto, the Planning
Commission shall decide the matter subject to judicial review or appeal to the City Council.
4. In the event the appeal is granted, it shall be published in the City’s legal publication and shall become effective the
date of publication.
8. Fees.
1. Application Fees. The fees to be paid to the City for an application for amendment of this Ordinance, a Variance
from this Ordinance, a Conditional or Interim Use Permit, or any construction, plumbing, electrical, mechanical or
other related permit shall be made payable to the City in an amount established, and from time to time, amended by
resolution of the City Council.
2. Supplemental Costs. In addition to application fees, the City shall require payment of supplemental costs related
to an action or application including, but not limited to: attorney’s fees, fees of outside experts; staff time; direct
expenses exceptional to the effort and as identified by City staff. The applicant shall deposit funds with the City, to
be held in escrow, for payment of these supplemental costs, as determined by the City Council in ordinances
adopted from time to time setting forth fees and charges for City services. Any application fees shall be applied to
the costs incurred by the City. All expenses and costs incurred by the City in connection with an application under
this Ordinance shall be borne by the applicant, and paid prior to final a ction on the application. Any amounts
remaining from a deposit posted by an applicant shall be refunded to the applicant within thirty (30) days after final
action on the application.
3. Fees shall be payable at the time applications are first filed with the City and are not refundable unless the
application is withdrawn prior to referral of the matter for consideration. There shall be no fee in the case of an
application filed in the public interest by members of the Planning Commission or City Council.
9. Violations and Penalties. Any person, firm, corporation, or voluntary association which violates or refuses to comply with
any of the provisions of this Ordinance shall be charged with a misdemeanor and, upon conviction thereof, subject to the
maximum penalties provided for by law and costs for every offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 87
SECTION 18. PERFORMANCE STANDARDS
1. General. The performance standards established in this section are designed to encourage high quality development by
providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent
and eliminate those conditions that cause urban and rural blight. The Zoning Administrator, assisted by the Building
Inspector, shall be responsible for enforcing these standards and may require the submission of information showing
compliance or non-compliance with the standards.
2. Requirements for Consideration.
1. Construction Plan Review
1. Residential Construction
1. Prior to the start of construction or remodeling that will create a new building or structure or will
change the outside dimensions of any building or structure located in a residential zoning district,
six (6) copies of the following data must be furnished to the Zoning Administrator.
1. Existing Improvements. Copies of a site plan drawn to a scale not smaller than one
inch equals fifty feet (1" = 50') for the lot upon which the structures will be built or
remodeled. Each site plan shall identify the location(s) and size(s) of all existing
structures, proposed structures or additions, driveways, sidewalks, parking spaces and
Individual Sewage Treatment Systems (ISTS). The dimensions and area calculations of
the lot and all building set-back lines shall also be shown.
2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall
be identified and set-back lines to all structures shall be indicated on the site plan.
3. Trees and Landscape. If the proposed construction or remodeling will result in any
loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan
as described in Section 27 shall be provided. A landscape plan shall also be provided
indicating existing and proposed vegetation improvements.
4. Plans. Preliminary architectural plans including floor plans and exterior elevations for
the proposed construction or remodeling.
5. Sediment and Erosion Control. Identification of all Best Management Practices
(BMP) to be employed on the property to provide sediment and erosion control in
accordance with Section 22 of this ordinance.
6. Additional Data. Any additional data requested by the Zoning Administrator or Plan
Review Commission due to conditions peculiar to the property.
2. Commercial Construction
1. Prior to the start of construction or remodeling that will create a new building or structure or will
change the outside dimensions of any building or structure located in a commercial or business
zoning district, six (6) copies of the following data must be furnished to the Zoning
Administrator.
1. Existing Improvements. Copies of a Registered Surveyors Report drawn to a scale not
smaller than one inch equals fifty feet (1" = 50') for the lot upon which the structures
will be built or remodeled. Each site plan shall identify the location(s) and size(s) of all
existing structures, proposed structures or additions, driveways, sidewalks, parking
spaces and Individual Sewage Treatment Systems (ISTS). The dimensions and area
calculations of the lot and all building set-back lines shall also be shown.
2. Wetlands and Water Bodies. All wetlands and other water bodies on the property shall
be identified and set-back lines to all structures shall be indicated on the site plan.
3. Topography. A topographical survey in two (2') foot increments and at a minimum
scale of one inch equals twenty feet (1" = 20') for the proposed construction site which
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 88
includes existing topographical and natural features, proposed changes to the
topographical and natural features, existing structures and improvements and proposed
structures and improvements.
4. Trees and Landscape. If the proposed construction or remodeling will result in any
loss of existing trees or vegetation, a tree inventory and, if necessary, reforestation plan
as described in Section 27 shall be provided. A landscape plan shall also be provided
indicating existing and proposed vegetation improvements.
5. Fences and Screening. Details and specifications for all fencing, walls and screening
devices to be installed as part of the project.
6. Storm Water Drainage Plans. Identification of all Best Management Practices (BMP)
to be employed on the property to provide storm water drainage sufficient to drain and
dispose of all surface water accumulation within the proposed development site, said
BMP’s to be in accordance with Section 22 of this ordinance. These plans to be
reviewed by the City Engineer and the appropriate Watershed Management
Organization (WMO).
7. Sediment and Erosion Control. Identification of all Best Management Practices
(BMP) to be employed on the property to provide sediment and erosion control in
accordance with Section 22 of this ordinance. These plans to be reviewed by the City
Engineer and the appropriate Watershed Management Organization (WMO).
8. Traffic and Parking. Detailed plans showing all entrances and exits accompanied by
reviews by Ramsey County if development will access onto a county road or MN DOT
if development will access onto a state highway. Plans shall also include all interior
driveway and road details, parking requirements and emergency access routes.
9. Lighting. Lighting plans shall include all proposed installation of exterior, parking lot,
display and storage lot lighting.
10. Signage. Proposed placement, description and quantity of all sign types and associated
fixtures.
11. Structure Plans. Preliminary architectural plans including floor plans, exterior
elevations and description of exterior facades.
12. Deviations. Plans should be accompanied by a list of all Variances, Conditional or
Interim Use Permits, and Zoning Amendments required for the development.
2. Cost of Data Review.
1. All costs in excess of those already included in established permit fees incurred by the City in the review
of the data supplied for commercial construction, such as City Engineer plan review costs, shall be paid by
the person presenting the plans, prior to any approval. The final approval of these plans will not be voted
on by the City Council until all costs have been paid.
2. Whenever the proposal may involve a potential for significant environmental impact, or if an
Environmental Impact Statement or an Environmental Assessment Worksheet may be needed by state law
or applicable regulation, the City will require the applicant to prepare or pay for the professional
assistance needed in the preparation of these statements or worksheets.
3. Procedures for Review.
1. Residential Construction.
1. No building permits will be issued for the proposed construction or remodeling until the data
required has been reviewed and approved by the Plan Review Commission which shall be
charged with completion of the review in a timely manner.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89
1. If approved by the Plan Review Commission, one (1) copy of the data shall be filed with
the application for a building permit, one (1) copy shall be attached to the architectural
plans retained by the City for its records and one (1) copy shall be attached to the
architectural plans and made available for inspection at the construction site.
2. In the event the applicant and Plan Review Commission disagree on any portion of the
proposed plans which would preclude issuance of a building permit, the matter may be
submitted to the City Council. In this case, the City Council shall act as the Board o f
Appeals and may order approval of the building permit application as presented, may
order approval of the building permit application with such amendments as it may deem
appropriate or may order denial of the building permit application.
2. Commercial Construction.
1. No building permits will be issued for the proposed construction or remodeling until the data in
required has been reviewed by the Zoning Administrator and submitted for review by the
Planning Commission at its next regular meeting. The Planning Commission with assistance as
requested by the Plan Review Commission, City Engineer, Building Official or other such
professionals as it may deem necessary shall review the submittal and forward recommendations
to the City Council for approval of the building permit application, approval of the building
permit application with such amendments as may be appropriate or denial of the building permit
application.
1. If approved by the City Council, one (1) copy of the data shall be filed with the
application for a building permit, one (1) copy shall be attached to the architectural
plans retained by the City for its records and one (1) copy shall be attached to the
architectural plans and made available for inspection at the construction site.
2. In the event the applicant and City Council disagree on any portion of the proposed
plans, the matter may be resubmitted with amendments to the Planning Commission for
reconsideration and the Planning Commission shall review the resubmittal and forward
recommendations to the City Council for approval of the building permit application
with amendments as resubmitted or denial of the building permit applicat ion.
3. Exterior Storage.
1. Residential Districts.
1. In Residential Districts, all materials and equipment shall be stored within a building or fully screened (so
as not to be visible) from adjoining properties or a street, except for the following; laundry drying and
recreational equipment, construction and landscaping materials and equipment currently being used on the
premises, agricultural equipment and materials if these are used or intended for use on the premises, off -
street parking of passenger automobiles and pick-up trucks, except inoperative automobiles and trucks
may be parked once for a period of time not to exceed fourteen (14) days.
2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable
storage units is not allowed in any residential district except when used in conjunction with an Interim Use
Permit, issuance of which is not subject to a public hearing, issued for a period of not more than one-
hundred twenty (120) days in conjunction with a properly issued Building Permit for the property.
Whenever possible, such containers should be restricted to a location in the side or rear yard.
2. Business District.
1. In business districts all materials, equipment and vehicles shall be stored in a building or fully screened
(so as not to be visible) from adjoining properties or a street except for:
1. Temporary storage of construction and landscaping materials currently being used on the
premises.
2. Open Storage Lots where screening but not a building shall be required.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90
3. Open Sales or Rental Lots where merchandise for retail sales or rental may be displayed in areas
designated by the required Site Plan or a Conditional or Interim Use Permit.
2. The use of commercial storage equipment and/or semi-trailer type containers or other similar portable
storage units is not allowed in any business district unless an Interim Use Permit for a period not to exceed
one-hundred eighty (180) days is first secured in accordance with Section 17.5 of this Ordinance.
Whenever possible, such containers should be restricted to a location in the side or rear yard.
4. Refuse.
1. In all Districts, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly
contained in a closed container designed for such purposes. Farms may be excluded from this requirement
providing the waste material is that commonly associated and incidental to normal farm operations. The owner of
vacant land shall be responsible for keeping such land free of refuse, a nd weeds.
1. In all non-residential districts, all commercial refuse containers shall be enclosed in a building or properly
fenced or screened to prevent any refuse from spilling beyond the fenced or screened area and to prevent
access by children or other unauthorized persons. Fences or screens shall also be subject to the provisions
for same found elsewhere in this ordinance.
2. In all Districts, no person shall store, park or permit the parking or storage of any junked vehicle, machinery or
equipment external to any structure, on any property within the city.
5. Screening.
1. Screening shall be required in all zones where:
1. Any off-street parking area contains more than four parking spaces and is within thirty (30') feet of an
adjoining residential use or zone; and
2. Where the driveway
3. To a parking area of more than six (6) parking spaces is within fifteen (15') feet of an adjoining residential
use or zone.
2. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for
residential use, that business or industry shall provide screening along the boundary of the residential property.
Screening shall also be provided where a business or industry is across the street from a developed residential zone,
but not on that side of a business or industry considered to be the front (as determined by the Building Inspector).
3. In all districts, all exterior storage shall be screened. The exceptions are:
1. Retail merchandise being displayed in front of the structure;
2. Materials and equipment being used for construction on the premises;
3. Merchandise located on service station pump islands.
4. The screening in this section shall consist of a solid fence or wall not less than five (5') feet high, but shall not
extend within fifteen (15') feet of any street, right -of-way or driveway. The screening shall be placed along
property lines or in case of screening along a street, fifteen (15') feet from the street right -of-way with landscaping
between the screening and the pavement. A louvered fence shall be considered “solid” if it blocks direct vision.
Planting of a type approved by the Council may also be used as a screening.
1. Screening shall also be subject to additional provisions of other sections of this Ordinance.
6. Landscaping.
1. In all Districts, all exposed ground areas surrounding or within a principal or accessory use including but not
limited to street boulevards not devoted to drives, sidewalks, patios and the like shall be landscaped.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 91
2. Landscaped yards shall be provided along all streets, both public and private. Landscaped yards shall not be used
for parking of vehicles or equipment or for storage or display of household items, materials, supplies or
merchandise advertised for sale. Landscaped yards shall be at least twenty (20') feet in depth along all streets
measured from the right-of-way. Except for driveways, the yard shall extend along the entire frontage of the lot
and, in the case of a corner lot, along both streets.
3. All property owners and their (sub-) contractors shall employ and maintain sediment and erosion control in
accordance with Section 22 of this ordinance until landscaping is complete.
4. All landscaping shall be completed within one (1) growing season after completion of any development, grading
and filling, construction, or other activity which shall result in exposed ground on the property.
7. Maintenance.
1. In all Districts, all structures, landscaping and fences shall be maintained so as not be unsightly or present harmful
health and safety or nuisance conditions to the adjoining areas.
8. Lighting and Glare.
1. In all Districts, any lighting shall be arranged as to deflect light from all adjoining property, and from the public
streets and highways. Direct or sky-reflected glare, whether from lighting or from high temperature processes such
as welding, shall not be directed into any adjoining property.
2. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed
with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which
the use is located.
3. Outdoor Lighting. All outdoor lighting shall be so designed and installed so that light will not be directed onto
adjoining property or public streets and highways. Lighting units shall be properly shielded to give no upward
component of light to create a sky-glow.
1. Outdoor lighting fixtures shall be mounted at the lowest possible level above ground, but in no case shall
any pole or structure for mounting such fixtures exceed the maximum principal structure height
restrictions.
2. Prior to installing or remodeling any outdoor lighting, a site plan showing type, location and configuration
details and proposed area of direct illumination must be submitted to the Zoning Administrator for his
approval.
3. After completion of any outdoor lighting system the property owner may be required to submit an
affidavit, by a registered lighting engineer, that the completed project does not exceed the requirements of
this section.
4. Lighting used to illuminate sales lots. Lighting used to illuminate sales lots for new or used cars shall be arranged
and designed so as to comply with the following limitations:
1. Maximum maintained lighting level at any point within the boundaries of the lot, measured 36 inches
above grade, shall not exceed one-hundred twenty (120) foot candles.
2. Maximum maintained vertical illumination, measured thirty (30') feet out from the property line with the
meter directed toward the lot, shall be five (5) foot candles.
3. The maximum point brightness, measured with a brightness meter from a point thirty (30') feet out from
the property line, shall be no greater than six-hundred (600) foot Lamberts.
5. Lighting for outdoor storage areas. Lighting for outdoor storage areas shall comply with the following
limitations:
1. Maximum maintained lighting level at any point within the area, measured thirty -six (36") inches above
grade, shall not exceed fifteen (15) foot-candles.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 92
2. Maximum maintained vertical illumination, measured five (5') feet out from the property line with the
meter directed toward the area in question, shall be two (2) foot -candles.
3. Maximum point brightness, measured with a brightness meter from a point five (5') feet out from the
property line, shall be no greater than three-hundred (300) foot Lamberts.
6. Lighting for off street parking. Lighting for off street parking lots shall comply with the following limitations:
1. Maximum maintained lighting level at any point within the boundaries of the parking area, measured
thirty six (36") inches above grade, shall not exceed two (2) foot -candles.
2. Limitations on the hours of lighting operation may be imposed by the City Council.
9. Vibrations.
1. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if
such vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not
apply to vibrations created during the process of construction.
10. Off-Street Loading.
1. In connection with any structure which is to be erected or substantially altered, and which requires the receipt or
distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off -street loading
space on the basis of adequate space for loading and unloading all vehicles used incidental to the operation of the
use.
1. No loading berth of vehicles over two-tons capacity shall be closer than one-hundred (100') feet to any
residence district unless completely enclosed by building walls not less than eight (8') feet in height.
2. Where noise from loading or unloading activity is audile in a residential district, the activity shall
terminate between the hours of 7:00 p.m. and 7:00 a.m.
11. Traffic Control.
1. The traffic generated by any use shall be channeled and controlled in a manner that will avoid:
1. Congestion on the public streets; and,
2. Traffic hazards; and
3. Additional truck traffic through residential areas.
2. Internal traffic shall be so regulated as to insure its safe and orderly flow.
3. Traffic into and out of business and industrial areas shall avoid residential areas and in all cases be forward -moving
with no backing into streets.
4. All entrances from private property onto city streets shall be subject to review and approval of the City Engineer
and all entrances from private property onto county roads or state highways shall be subject to review and approval
by Ramsey County Public Works or the Minnesota Department of Transportation.
12. (Deleted).
13. Architecture.
1. It is hereby affirmed as public policy that the appearance of this community is a proper matter for public concern
and that all developed open spaces, and all buildings, signs, plantings, surfaces and structures which may be seen
from the public ways are subject to the provisions of this Ordinance.
2. In all Districts, all principal buildings other than one-family dwellings must be designed or approved by a
registered architect and certified in accordance with the appropriate Minnesota State statutes.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 93
3. In all Business Districts, a building permit shall not be issued unless the proposed use is designed, sited, oriented
and landscape-planned to produce a harmonious relationship of building and grounds with adjacent buildings and
grounds and with the environment of the neighborhood.
4. In all Residential Districts, a building permit shall not be issued if the proposed building is so similar or dissimilar
to the other homes in the area as to result in depreciation of property values in the neighborhood.
14. Explosives.
1. No activities involving the storage, utilization or manufacture of materials or products, such as TNT or dynamite,
which could decompose by detonation shall be permitted except such as are licensed by the Council.
15. Radiation and Electrical Emissions.
1. No activities shall be permitted that emit dangerous radio-activity beyond enclosed areas. There shall be no
electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point
of any equipment other than that of the creator of such disturbance.
16. Aircraft.
1. Landing Area. Aircraft landing areas are hereby prohibited within the City of Gem Lake.
2. Operation. The landing and the taking off of aircraft within the City of Gem Lake is prohibited except for
emergencies or by duly authorized law enforcement, military or medical transport aircraft.
17. Other Nuisance Characteristics.
1. No noise, odors, vibration, smoke, air pollution, dangerous wastes, heat, glare, dust, or other such adverse
influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or
nearby property.
2. All wastes shall be properly contained, fenced or screened and disposed of in a manner that is not dangerous to
public health and safety.
18. Consistency with Plans and Policies.
1. The proposed use shall preserve the intent and purpose of this Ordinance and shall be consistent with the goals,
plans and policies of the City’s Comprehensive Plan.
19. Clustering and Density Transfer.
1. This clustering and density transfer system is to provide a means by which parcels of land in the City of Gem Lake,
having unusual building characteristics due to subsoil conditions, elevation of the water table, water area, and/or
relative location or shape of the parcel may be more efficiently utilized. Density zoning also provides a means to
preserve and protect natural resource areas such as wetlands, woodlands, steep slopes, as well as good agricultural
land and scenic views. Basically, this approach allows a developer to cluster housing or business units in buildable
areas in return for leaving the natural resource areas or agricultural land open from development.
2. The City Council, in determining the reasonableness of the proposed clustering, shall consider the following
factors:
1. Location, amount and proposed use of open space;
2. Location, design and type of dwellings or business provided;
3. Physical characteristics of the site;
4. Relationship of the proposed dwelling or business units to nearby uses.
3. The owner or owners of any tract of land in the City of Gem Lake may submit to the Planning Commission, for
review and recommendation to the City Council, a plan for use and development of such a tract of land as a cluster
area by making an application for a Conditional Use Permit authorizing completion of the project according to an
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 94
approved plan. The plan for the proposed project shall conform to the requirements of the Use District within
which the land is located except as hereinafter modified:
1. The tract of land for which a project is proposed and a Conditional Use Permit requested shall not be less
than five (5) acres in size; and
2. The applicant shall state precisely what, in this opinion, are the unusual characteristics of this site for
purposes of justifying the granting of a Conditional Use Permit for this project; and
3. The plan shall be submitted in the form of a preliminary plan and be in complete conformance with what
would be submitted as described in the City of Gem Lake Subdivision Ordinance for a preliminary plan,
and,
4. The number of dwelling or business units proposed for the entire subdivided area shall not exceed the total
number permitted for the Use District within which the land is located, unless a bonus is given for unique
uses of the area; and,
5. The average lot density in the plan shall not be greater than the maximum for the area and the lot area of
any one (1) lot shall not be reduced more than one-half (½) by assigning additional dwelling or business
units; and,
6. That land which is set aside as unbuildable and on which the plan is justified shall be clearly indicated on
the plan. This land shall be dedicated as a “conservation easement” naming both the City and the
Minnesota Land Trust or similar as holders of that title for that land. Provisions for the continual
maintenance of that “easement” area so dedicated and accepted by the City shall be required from the
property owner(s).
4. When calculating the number of dwelling or business units per acre the size of site shall be determined by the total
land area within the perimeter of the privately owned property. This will include any area of newly proposed public
or private roads of road rights-of-way.
5. A density bonus of up to ten (10%) percent of the maximum allowable dwellings on a defined parcel may be
allowed by the City Council Section
20. Park Land Dedications Requirements.
1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks,
playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park
fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination)
shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the
development or ten (10.0%) percent of the pre-development land value.
2. Subdivision of land which has been previously platted and officially recorded, and which contains less than one (1)
acre shall be exempt from dedication requirements.
3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use
and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access
and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution.
4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land
and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review,
the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for
proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be
dedicated shall be established by resolution of the City Council.
5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in
calculating the density requirements of the Zoning Ordinance for the proposed development or subdivision, and
shall be in addition to and not in lieu of open space requirements for Planned Unit Developments.
6. Where private open space for park and recreational purposes is provided for in a proposed development,
subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 95
residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against
the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public
interest to do so and that the following standards are met:
1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and
building regulations shall not be included in the computation of such private open spaces, and
2. That the public ownership and maintenance of the open space is adequately provided for by written
agreements, and
3. That the public open space is restricted for park and recreational purposes by recorded covenants which
run with the land in favor of the future owners of property within the tract and which cannot be eliminated
without the consent of the City Council, and
4. That the proposed private open space is reasonably adaptable for use for park and recreations purposes,
taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access
and location of private open space lands, and
5. That facilities proposed for the open space are in substantial accordance with the provisions of the
recreational element of the comprehensive plan, and are approved by the City Council, and
6. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park
dedication requirements for the development.
7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of
conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited
and shall make, from time to time, ap propriations from such fund for acquisition of land for park and playground
purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement
in connection with land previously acquired for parks and play grounds which benefit the residents of the City.
8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of
buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a
reasonable amount as determined by the City Council.
9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park
land and/or cash contribution to the City.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 96
SECTION 19. SIGNS
1. Purpose and Intent.
1. The purpose of Gem Lake sign regulation is to promote the creation of an attractive visual environment in the City.
The regulations are intended to promote a healthy economy by allowing businesses and individuals to effectively
inform, identify, direct and communicate with the public using rights of way in Gem Lake. This aim is balanced
with an equal intent to foster public safety and maintain an attractive built environment in the City by encouraging
the appropriate design, scale and placement of signs in the City. The regulations are intended to encourage the
orderly placement of signs, to assure that the information displayed on any sign is clearly visible for its intended
purpose, and to allow the fair and consistent enforcement of the sign regulations by the City of Gem Lake.
2. Findings.
1. The City Council concludes that it is necessary to regulate signs in the City in order to promote and preserve public
health, safety and welfare. That conclusion is based upon the following findings:
1. Signs provide an important medium through which individuals and businesses may convey a variety of
messages.
2. Signs can create hazards to motorists and pedestrians, particularly when inappropriately designed or
placed signs interfere with necessary sight distances, divert the attention of drivers and pedestrians, or
obscure directional guidance or traffic control devices.
3. A positive sense of place and community image is important to the health and welfare of individuals and
businesses in Gem Lake. Community image and aesthetic is also a key component of property values in
the City. Permanent and temporary signs have a direct impact on and relationship to the image and
aesthetic of the community.
4. Uncontrolled and unlimited signs result in roadside clutter and obstruction of views for motorists and
pedestrians, and diminish the ability of any sign to effectively convey its intended message.
5. Properly regulated signage can create an atmosphere of prosperity, stimulate positive commercial activity
and consequently lead to increased employment, higher property values and a healthier tax base.
6. Citizens have different expectations for the aesthetic environment of a residential area compared with that
of a commercial area. Signs should be smaller in scale and their use generally more restricted in
residential areas than in commercial areas where the public expects to see a variety of signs.
3. Permit Required.
1. No sign shall be erected, altered, reconstructed, maintained or moved in the City without first secu ring a permit
from the City. The speech content of the sign shall not be considered when approving or denying a sign permit;
however, the content must be submitted to properly evaluate the signa ge area, design and placement. A proposed
sign with a structure requiring a building permit or electrical permit must obtain those permits in addition to a sign
permit.
1. Exemptions. The following signs shall not require a permit, but remain subject to the standards of these
regulations concerning erection, maintenance and removal, and the standards of any other applicable law
or ordinance.
1. A sign, of less than four (4) square feet in display area, indicating the address of a building.
2. A sign on a residential property, of less than four (4) square feet in display area, stating the name
of the owner or occupant in addition to the address of the property.
3. Traffic control signs, related directional aids, and traffic control devices installed by a unit of
government having authority over the adjacent right -of-way, or at the direction of such a
government.
4. Signs not visible from a public or private right-of-way.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 97
5. Newspaper boxes.
6. Flags, up to a combined total of 35 square feet, with no one flag larger than 15 square feet in size.
7. Official notices posted on a property at the direction of a court, public body, or public safety
official.
8. A sandwich board, menu board, A-frame, T-frame or similar sign which does not exceed six (6)
square feet in size, is not illuminated, is located within 15 feet of the primary building entrance of
the owner or tenant placing the sign, and is only displayed during hours of business operation. No
more than two signs may be placed by any single owner or tenant at any given time. Signs of this
type must be placed in a location where they will not impede foot traffic
9. A temporary sign or signs, up to a total of ten (10) square feet of display space, erected by the
owner or rental tenant of the property on which the sign is placed.
10. A temporary sign directing people to an event or occurrence located on the property of the person
erecting the sign. Such signs are limited to six (6) feet or less of display space and must be
installed so that they are less than four (4) feet in height. If placed on property not owned or
rented by the person erecting the sign, the property owner must give express permission t o erect a
sign on the property. A maximum of five (5) such signs may be placed in the City for any given
event or occurrence. Such signs may be erected up to two (2) days prior to the event or
occurrence, and shall be removed within two (2) days following the event or occurrence. In no
event shall such a sign remain in place for more than seven (7) days.
11. A change in the message content (words, logos, or similar graphics) of an existing permanent
sign, without change in any other characteristics of the sign.
2. Operation of Minnesota Election Law on Regulations. For the period beginning August 1 in a State general
election year and ending ten (10) days following the general election, or thirteen (13) weeks preceding a special
election until ten (10) days following the special election, these regulations shall have no effect upon the size or
number of non-commercial signs within the City. Signs placed during this period shall be removed by the person
responsible for erecting them within the 10 days following the election. Signs may be placed upon private property
with permission of the property owner, but may not be placed within the public right -of-way or within a sight
triangle. The City retains the right to remove and destroy any such signs so placed.
3. Permit Application. Application for a sign permit shall be made upon the City’s application form, and shall
contain the following information:
1. Name, signature, address and phone number of the property owner.
2. Name, signature, address and phone number of the applicant, if different from the property owner.
3. The address or property identification number of the property where the sign is proposed to be erected.
4. An inventory of existing signs on the site and combined display area.
5. A complete set of plans showing elevations, distances, setbacks from lot lines, location of buildings and
other signs, size of the proposed sign and structure, and other details to fully and clearly represent the
construction and placement of the sign.
6. Plans and specifications relating to the method of construction, attachment to buildings, and/or placement
upon the ground.
7. A to-scale drawing or illustration showing proposed height, width, shape, layout, colors, lighting and other
relevant details of the sign, from all perspectives in which the sign is intended to be viewed.
Applicants shall submit one application and supporting materials for each sign, unless submitting a Comprehensive
Sign Plan as described in Section 19.3.7.
4. Fees. Sign permit fees and any impoundment fee shall be set by the City Council by ordinance, as amended from
time to time. The required fee shall accompany any sign permit application
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 98
5. Review. The Zoning Administrator shall review applications for compliance with these regulations. A decision to
approve or deny should be made within 30 days of receiving a complete application. Applicants shall be informed
of the decision in writing. Decisions to deny a permit shall be accompanied by a statement of reasons for the denial.
6. Variance and Appeal. An appeal from a sign permit denial shall be taken in the manner of zoning appeals, using
the procedure stated in Section 17.7 of this Ordinance. Requests for variance from these sign regulations shall be
made and considered in the manner of requests for zoning variance, using the procedure stated in Section 17.4 of
this Ordinance.
7. Comprehensive Sign Plan. An applicant seeking approval for signs in connection with new building construction,
remodeling, or re-development may submit a comprehensive sign plan with the other required submittals in lieu of
making individual applications for sign permits. All information required in this Ordinance is required to be
represented in the supporting documentation supporting the comprehensive sign request. In acting upon the
comprehensive sign plan, the Planning Commission and City Council may permit consideration of unique
conditions, flexibility and creativity in the design and placement of signs, to the extent such leeway promotes the
purposes and goals of any design standards in the underlying zoning district. If a comprehensive sign plan is
approved, the Zoning Administrator may issue sign permits for individual signs in the plan without further review,
upon payment of the applicable sign permit fee.
4. Inspections and Enforcement.
All signs shall be subject to inspection by the Zoning Administrator, or other official designated by the Zoning
Administrator. The Administrator or designee must be allowed entry upon the property on which the sign is located to
ascertain compliance with the terms of these regulations and the technical specifications provided with the permit
application. Such entrance shall be made during business hours unless an emergency exists.
1. Signs in Disrepair. The Zoning Administrator or designee may order the removal of any sign that is not
maintained in accordance with the requirements of these regulations. Upon failure to comply with such order
within the time specified, the City Council may declare the sign a public nuisance and direct that the nuisance be
abated under the procedures set forth in Gem Lake Ordinance No. 86.
2. Impoundment of Signs on Public Property. The City may at any time, and without notice, remove and impound
signs which have been erected on public property or within a public right -of-way or easement. The sign’s owner
may retrieve the sign from the City upon payment of a $50 impoundment fee. If the same owner has a subsequent
sign impounded within the same calendar year, the impoundment fee is doubled. The City shall not be held liable
for any damage to an impounded sign. If a sign is not retrieved within th irty (30) days, the City may dispose of it.
3. Sign Without a Permit or in Violation of Regulations. The Zoning Administrator or designee may order the
correction or removal of any sign which has been erected without a permit, or has been erected or altered such that
the sign is in violation of these regulations.
1. The person responsible for the sign may apply for a sign permit “after the fact,” paying double the
applicable sign permit fee, if the only violation is lack of a permit.
2. If an order is not remedied or complied with in the time specified, the City Council may declare the sign a
public nuisance and direct that the nuisance be abated under the procedures set forth in Gem Lake
Ordinance No. 86.
3. In addition to the above, the City Council may give written notice to the person responsible for the sign
that the Council will consider civil penalties for the violation. The written notice shall contain a summary
of all facts the Council intends to consider, and state the date and time at which the Council will consider a
penalty. If the person receiving the notice appears at that date and time, the Council must give the person
reasonable time to present matters in defense or mitigation of the alleged off ense. If, in the Council’s
discretion, the alleged violation is supported by the evidence presented to it, it may order the payment of a
civil penalty using the following as guidelines:
1st offense:
$100.00
2nd offense:
$600.00
3rd offense:
$1,500.00
A person with outstanding unpaid civil penalties shall not be eligible to receive permits or licenses, of any
kind, from the City of Gem Lake until the penalty is paid.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 99
5. Applicable Standards.
1. Measurement Standards.
1. Sign Area and Dimensions.
1. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide
a background for a sign display, the area and dimensions shall include the entire portion within
such background or frame.
2. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of
the building or structure, the area and dimensions of the sign shall encompass a regular geometric
shape or a combination of regular geometric shapes which form, or approximate, the perimeter of
all elements in the display, the frame, and any applied background that is not part of the
architecture of the building. When separate elements are organized to form a single sign, but are
separated by open space, the sign area and dimensions shall be calculated by determining the
geometric form, or combination of forms, which comprises all of the display areas, including the
space between different areas. Minor appendages to a particular regular shape, as determined by
the Zoning Administrator, shall not be included in the total area of a sign.
Figures (for illustration): To be inserted later.
3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include a pole
or other structural support unless such pole or structural support is internally illuminated or
otherwise so designed to constitute a display device, or part of a display device. Architectural
features that are either part of the building or part of a freestanding structure, and not an integral
part of the sign, and which may consist of landscaping, building or structural forms
complimenting the landscaping in general.
4. When two identical sign faces are placed back to back so that both faces cannot be viewed from
any point at the same time, and are part of the same sign structure, the sign area shall be
computed as the measurement of one of the two faces. When the sign has more than two display
surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any
single direction.
2. Sign Height.
1. The height of a freestanding sign shall be measured from the base of the sign or supportive
structure at its point of attachment to the ground, to the highest point of the sign. A freestanding
sign on a man-made base, including a graded earth mound, shall be measured from the grade of
the nearest pavement or top of any pavement curb.
2. Clearances for freestanding and projecting signs shall be measured as the smallest vertical
distance between finished grade and the lowest point of the sign, including any framework or
other embellishments.
3. Frontages and Frontage Lengths.
1. The length of any primary or secondary building frontage shall be the sum of all wall lengths
parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the
Zoning Administrator to be clearly unrelated to the frontage presence of the building.
2. For buildings with two or more frontages, the length of the wall and allowable sign area shall be
calculated separately for each such building frontage.
3. The building frontage for a section of any building (e.g. retail tenant spaces) shall be measured
from the centerline of the party walls defining the building section.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 100
2. Development Standards.
1. Wall Signs. Wall signs are permitted on buildings located in the Neighborhood General, Neighborhood
Mixed-Use, and Neighborhood Center subzones of the Gateway District. Wall signs, other than those
exempted from regulations as stated above, are not permitted in Residential zoning districts and the
Neighborhood Edge subzone of the Gateway District.
1. The basic allowance for wall signs shall be limited to 2 square feet of sign area for each lineal
foot of building or tenant frontage.
2. Each owner or tenant may have multiple wall signs as long as the total wall sign area does not
exceed the allowances established for wall signs. If multiple signs are used on a building façade,
the display method (i.e. individual letters, box and panel, etc.) shal l be the same for the entire
facade.
3. Wall signs shall not be greater than eighty (80%) of the length of the tenant space or the length of
the building frontage.
4. Each building frontage or frontage section may be evaluated separately or in combination, but
primary and secondary frontages will not be combined for purposes of determining allowable
sign size.
5. In addition to wall signs otherwise permitted by these regulations, an additional sign may be
permitted up to a maximum of 40% of the wall sign area allowed for the building for the
purposes of identifying owners or tenants that occupy upper floors or do n ot have outside
building frontage.
6. An arcade or gallery may have sign space on it relating to the activities of owners or tenants
whose entrances are under the arcade or gallery. If the sign on the arcade or gallery is
illuminated, 100% of the sign space is deducted from the total available area for wall signs. If the
sign space on the arcade or gallery is not illuminated, 50% is deducted from the area available for
wall signs.
7. Projecting signs are permitted in addition to any allowances for wall signs when the projecting
signs are designed and placed for the purpose of identifying the owner or tenant for a pedestrian
walking along the same side of the street as the sign, or under a continuous arcade or gallery.
Projecting signs shall have a maximum area of eight (8) square feet. The bottom of the sign shall
be a minimum of eight (8) feet above the sidewalk. The sign may project a maximum of six (6)
feet from the wall of the building, or be centered under any arcade, awning or canopy. Projecting
signs shall not be closer than fifteen (15) feet from any other projecting sign.
8. Wall signs shall not be installed on a roof surface or otherwise project above the top of a building
facade.
2. Freestanding Signs. Freestanding signs are permitted in all zoning districts. Such signs may only be
erected by an owner or a tenant of a building located on the property for which the sign is proposed.
1. Residential Zones and Neighborhood Edge subzone. Freestanding signs in residential zoning
areas may be erected up to a cumulative maximum of ten (10) square feet in display area, and up
to six (6) feet in height.
2. All Other Zones. Freestanding signs in the remaining zoning areas of the City may be erected up
to fifty (50) square feet per owner or tenant entrance to a building. Permitted sign area may be
aggregated into fewer and larger signs at the election of the property owner, provided that the
size of any single sign does not exceed one hundred and fifty (150) square feet. Freestanding
signs shall not exceed thirty-five (35) feet in height, and signs over fifteen (15) feet in height
shall be no closer than seventy-five feet to any other sign. Instructional or directional signs of up
to six (6) square feet in area may be erected to satisfy a clear instructional or directional purpose
without counting against the total freestanding sign area allowed for the property.
3. Freestanding signs shall be setback a minimum of five feet from the right-of-way line.
4. No portion of a sign shall be in, or project over, a public right-of-way.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 101
5. Signs may be integrated into the design of a permanent canopy, if one is otherwise allowed on
the property, with the sign area on any side of the canopy not exceeding one (1) square foot per
lineal foot of the side.
3. Window Signs. Permanent window signs are permitted in the Neighborhood General, Neighborhood
Mixed-Use and Neighborhood Center subzones of the Gateway District. Temporary window signs are
permitted in all districts. Permanent window signs shall not exceed twenty-five percent (25%) of the area
of the window on which it is installed; the total of all permanent and temporary window signs may not
exceed fifty percent (50%) of the total window area of any building frontage.
4. Illumination; Electronic Message Center and Changeable Copy Signs. Illuminated signs (internal or
external) and signs with changeable copy are not permitted in Residential zoning areas and the
Neighborhood Edge subzone of the Gateway District. In districts where illuminated signs or electronic
signs are permitted, the use of lighting, electronic message center, or dynamic display as an element o f a
sign is a conditional use. Application for approval of lighting or electronic features shall be made in the
manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance.
1. Illumination. Internally illuminated signs are permitted in the Neighborhood Mixed-Use and
Neighborhood Center subzones only. Externally lit signs shall use lighting that is directed
downward and away from adjacent properties and rights-of-way. Lights used for external
illumination shall be shielded or screened from any roadway, and shall not be visible from the
roadway or sidewalk.
2. Changeable Copy. Changeable copy by non-electronic means may be utilized on any permitted
sign in areas where allowed. The changeable copy area shall not exceed forty percent (40%) of
the total permitted area for any sign.
3. Electronic Message Center (EMC) or Dynamic Display signs. EMC or dynamic display signs
are permitted if erected within fifty (50) feet of the right-of-way for Highway 61 or County Road
E within the City of Gem Lake. Only one (1) such sign is permitted per property, regardless of
the number of tenants. Motion is permitted for up to eight (8) seconds for any single set of
changeable copy, but the changeable copy may not change or be repeated by flashing more than
once every sixteen (16) seconds. EMCs and dyna mic displays must have an automatic dimming
capability that adjusts the brightness to the ambient light at all times of day or night.
4. Any changeable copy area (manual, EMC or dynamic display) may not exceed 40% of the total
freestanding sign area permitted to the owner or tenant.
5. Features Prohibited on Signs. No sign permitted by these regulations, with or without a permit, shall
have: moving, rotating or revolving parts; flashing, rotating or oscillating lights (except for EMCs and
dynamic displays where permitted); neon lights; beacons or searchlights; attach ed materials such as
pennants or streamers; exposed raceways, ballast boxes or transformers; or other clearly similar features.
6. Signs Prohibited if Not Expressly Permitted. Any type of sign or method of sign construction or display
that these regulations do not expressly permit, or expressly exempt, is hereby prohibited within the City of
Gem Lake.
3. Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with the
Minnesota State Building Code and Electrical Code and all of the following:
1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular
traffic.
2. All permanent freestanding signs over four feet in height shall have self-supporting structures erected on
or permanently attached to concrete foundations. A freestanding sign shall not use guy wires for support.
3. Freestanding signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot.
4. Signs should not obscure windows or other architectural features of the building with which they are
associated.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 102
5. Signs shall not be placed in locations that interfere with safe vehicular and pedestrian circulation or public
safety signals and signs. Signs will not be placed in the sight triangles of intersections.
6. No sign shall be erected or maintained so as to obstruct and fire escape, required exit, egress window or
door opening.
7. Signs shall be structurally designed in compliance with ANSI and ASCI standards. All signs using
electricity shall be constructed according to the technical standards of a certified testing laboratory.
8. Signs using electricity must directly connect to wiring that is integrated into the building structure or
buried underground; no cables or extension cords should run over the ground or up the side of a structure
to power a sign.
4. Maintenance Standards. All signs shall be maintained in accordance with the following:
1. The property owner or tenant shall maintain the sign in a condition appropriate to the intended use.
2. Signs shall advertise or identify a legal business or other activity currently taking place, or which will take
place in the near future, within the City of Gem Lake. Obsolete signs shall be removed by the property
owner within a reasonable time, no longer than two months, a fter the sign becomes obsolete. A property
owner or tenant may apply to the City Council for exemption if the sign removal will be unduly difficult
to achieve (example: the sign is part of the building structure).
3. Signs shall be maintained in a safe, presentable and good structural condition at all times, including the
replacement of defective parts, cleaning and other items required for the upkeep of the sign. There shall be
no accumulation of rubbish or debris, or uncontrolled vegetation, under or near any sign.
6. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance.
7. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid in any court
of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part hereof, ot her
than the part held to be invalid.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 103
SECTION 20. OFF STREET PARKING AREAS
1. Purpose. The purpose of this section of the Zoning Ordinance is alleviate or prevent congestion of the public right -of-way
and so to promote the safety and general welfare of the public by establishing minimum requirements for off street parking
in accordance with the utilization of various parcels of land and/or structures.
2. Site Plans. When applying for a building permit in all Districts for a new structure, the enlarging of a structure or new
enlarged use of a parcel of land, the application shall be accompanied by a site plan drawn to scale and dimension indicating
the location of off-street parking spaces in compliance with the following requirements.
3. General Provisions.
1. Existing off-street parking spaces and loading spaces upon the effective date of this Ordinance shall not be reduced
in number unless said number exceeds the requirement set forth herein for a similar new use.
2. Should a building, structure or use in existence upon the effective date of this Ordinance be damaged or destroyed
by fire or other cause, it may be re-established except that in doing so any off-street parking or loading which
existed must be retain and should plans be effected for enlarging the floor area, seating capacity or other facilities
which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged
accordingly.
3. Floor Area. The term “Floor Area” shall mean the sum of all floor areas in a building as calculated from the
outside dimensions of the building. It shall not include areas used primarily for non -public purposes such as
storage, incidental repair, office building management or maintenance, toilets, or rest rooms, utilities, or dressing,
fitting or alteration rooms.
4. Parking Spaces. Each parking space shall be not less than nine (9') feet wide and twenty (20') feet in length
exclusive of an adequately designed system of access drives.
5. Use of Parking Facilities. Off street parking facilities accessory to residential use shall be utilized solely for the
parking or passenger automobiles and/or one truck not to exceed one and one -half (1 ½) ton capacity for each
dwelling unit except by Conditional or Interim Use Per mit. Required parking facilities accessory to residential
structures shall not be used for the storage of commercial vehicles or for the parking of automobiles belonging to
the employees, owners, tenants or customers of business or manufacturing establishments except by Conditional or
Interim Use Permit. Required parking facilities accessory to residential structures shall not be used for the storage
or repair of commercial vehicles.
6. Required off-street parking space in the Residential Districts shall be on the same lot as the principal building.
7. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may
be provided collectively in any “district” in which separate parking facilities for each separate building, structure or
use would be required, provided that number of spaces provided shall equal to sum of the separate requirements of
each use.
8. Use of Parking Area. Required off-street parking space in any District shall not be utilized for open storage of
goods or for the storage of vehicles which are inoperable or for sale or rent.
4. Design and Maintenance of Off-Street Parking Areas.
1. Parking Areas. Shall be designed so as to provide adequate means of access to a public alley or street. Such
driveway access shall not exceed twenty-two (22') feet in width and shall be so located as to cause the least
interference with traffic movement.
2. Calculating Space. When calculating the number of off-street parking spaces results in a fraction, each fraction of
one-half (½) or more shall constitute another space. One parking space shall equal three -hundred (300 sq. ft.)
square feet or parking and moving area.
3. Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement.
4. Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with a material
to control dust and drainage. Parking area for less than three (3) vehicle spaces shall be exempt. Plans for surfacing
and drainage shall be subject to approval of the City Council.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 104
5. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away
from the adjoining property, and shall comply with Section 18.8.
6. Curbing and Landscaping. All open off-street parking areas designed to have head-in parking along the property
line shall provide a bumper curb not less than three (3') feet from the side property line or guard of normal bumper
height no less than one (1') foot from the side property line. When said area is for six (6) spaces or more, a curb or
fence not over six (6') feet in height shall be erected along the front yard set -back line with grass or planting
occupying the space between the sidewalk and curb or fence.
7. Fencing and screening for Off-Street Parking. When a required off-street parking space is placed directly
adjacent to a residence or residential district, a six (6) foot high fence shall be erected along the residential property
line. Screen planting may also be required.
8. Maintenance of Off-Street Parking Spaces. It shall be the joint and several responsibility of the operator and
owner of the principle use, uses and/or building to maintain in a neat and adequate manner the parking space,
access ways, landscaping and required fences.
5. Required Off-Street Parking. Shall be as follows:
1. Single Family Dwellings. At least one (1) parking space for each dwelling unit, plus one (1) additional parking
space for each two (2) roomers accommodated. A garage will fulfill this requirement. However a building permit
shall not be granted to convert a garage to living space unless other acceptable provisions are made to provide the
required parking space.
2. Two-Family Dwelling. At least one (1) parking space per dwelling unit, but not more than two (2) per unit.
3. Boarding and Rooming Houses. At least two (2) parking spaces for each three (3) persons for which
accommodations are provided for sleeping.
4. Multiple Dwelling. At least one (1) parking space per dwelling unit plus one (1) additional space for each four (4)
two-bedroom units and one (1) additional space for each two (2) three bedroom units.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 105
SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS
1. General Provisions.
1. Shoreland District. The land use regulations in this Section shall apply to any land in the City of Gem Lake
located within a floodplain, within 1,000 feet of the ordinary high water mark of a public water or public waters
wetland, including but not limited to the body of wat er known as Gem Lake and its attendant wetlands, or within
300 feet of a stream or river. The regulations of this Section shall apply in addition to the provisions of the zoning
district applicable to the property, the Flood Hazard ordinance of the city (No. 114), and other ordinances of the
City.
2. Wetland Conservation Act. The City of Gem Lake has delegated its authority under the Minnesota Wetland
Conservation Act of 1991 and attendant rules to the Vadnais Lake Area Watershed Management Association
(VLAWMO). All requests for permits, review or approval required by the Wetla nd Conservation Act must be
submitted to VLAWMO as the acting Local Government Unit.
3. Applied in Concert with Other Laws. These regulations and requirements shall be in addition to those imposed
by Federal and State law, regional and local water management regulations, and city ordinances, all of which shall
jointly apply. Under joint application, the most restrictive requirements shall apply.
2. Shoreland Use Controls.
1. Policy. Intact, vegetated and stable shorelines and streambanks provide valuable functions to Gem Lake and other
water resources in the City including prevention of erosion, reinforcement of soils through root structure, trapping
of nutrients and sediments, and provision of fish and wildlife habitat. Gem Lake is a Natu ral Environment lake
under the criteria established by the Department of Natural Resources.
2. Minimum Lot Size and Setback Requirements. All lots created and structures erected in a shoreland district
following the enactment of this Section must meet the criteria established in the underlying zoning district. No
variance shall be granted, or other approval given, which allows the creation o f a lot in a shoreland district that is
less than 80,000 square feet in area (measured above the ordinary high water mark of the water body), or less than
200 feet in width. No structure, other than water-oriented accessory structures managed by this Section, shall be
placed within 150 feet of the ordinary high water mark of the water body. The maximum lot coverage by buildings
and impervious surfaces is 25%.
3. Accessory Structures and Facilities. All accessory structures and facilities, except those that are water-oriented,
must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may
have one water-oriented accessory structure or facility located closer to public waters than the structure setback if
all of the following standards are met:
1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an
area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.
2. The setback of the structure or facility from the ordinary high water level must be at least ten feet.
3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local
unit of government, assuming summer, leaf -on conditions.
4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
5. The structure or facility must not be designed or used for human habitation and must not contain water
supply or sewage treatment facilities.
6. Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures
or facilities must meet or exceed structure setback standards.
4. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following
design requirements:
1. Stairways and lifts must not exceed four feet in width.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 106
2. Landings for stairways and lifts must not exceed 32 square feet in area.
3. Canopies or roofs are not allowed on stairways, lifts, or landings.
4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed
into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as
viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
6. Facilities such as ramps, lifts, or mobility paths for persons with physical disabilities are also allowed for
achieving access to shore areas, provided that the dimensional and performance standards of 1 to 5 are
complied with.
5. Decks. Except as provided in section 21.2.3, decks must meet the structure setback standards. Decks to be added to
structures existing on the date the shoreland structure setbacks were established by ordinance may be allowed
without a variance, if all of the following criteria and standards are met:
1. Thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or
exceeding the existing ordinary high water level setback of the structure;
2. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing
shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30
feet, whichever is more restrictive; and
3. The deck is constructed primarily of wood, and is not roofed or screened.
6. Driveways and parking areas. Driveways and parking areas must meet all applicable structure setbacks, and must
be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from
the water body. Access ramps and approach roads are not allowed in the structure setback area surrounding Gem
Lake.
7. Shoreline alteration. Alterations of vegetation and topography in a shoreland district is controlled to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumping, and protect wildlife habitat.
1. Removal or alteration of vegetation is limited to the amount necessary to construct an approved structure,
and to maintain the health of the vegetation, provided that no such removal or alteration shall substantially
reduce the screening of structures, vehicles and other facilities as viewed from the water. This provision
shall not restrict the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards, or
the removal of buckthorn and similar invasive species identified by the Minnesota Department of Natural
Resources.
2. Any application for new construction in a shoreland district must include a Tree and Vegetation
Preservation Plan which, in addition to the requirements of Section 27, includes an inventory of all
vegetation affected by the construction and a plan for preservation, relocation, or replacement of the
vegetation.
3. Use of fertilizer and pesticides in a shoreland district must be done in such a way as to minimize runoff
into the water body.
4. No grading, filling, or other topographical alteration shall be allowed within 50 feet of the ordinary high
water mark of the water body, with the exception that the Zoning Administrator may approve the
installation of clean beach-type sand in this area, in accordance with DNR regulations, after review of an
installation plan.
5. Any grading or filling anywhere else in a shoreland area involving movement of more than 50 cubic yards
of material requires a grading and filling permit. If the grading or filling is to take place in a wetland,
VLAWMO review and approval must be obtained before the City can issue a permit. In addition to any
other requirements, grading and filling activity in shoreland areas must also meet the following criteria:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 107
1. Alterations must be designed and conducted in a manner that ensures only the smallest amount of
bare ground is exposed for the shortest time possible.
2. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage,
and a permanent vegetation cover must be established as soon as possible.
3. Methods to minimize soil erosion and to trap sediments before they reach any surface water
feature must be used.
4. Altered areas must be stabilized to acceptable erosion control standards. The use of
bioengineering is encouraged as an alternative to engineered stabilization techniques. Retaining
walls are to be used only when there is no adequate stabilization alternat ive.
5. Fill or excavated material must not be placed in a manner that creates an unstable slope.
6. Any alterations below the ordinary high water level of the water body must be approved by the
Department of Natural Resources.
8. Nonconforming uses. In addition to the regulations of this ordinance applicable to nonconforming uses generally,
in a Shoreland district the following shall apply:
1. An extension, enlargement or alteration of an existing lawful non -conforming structure or facility may be
permitted on the side of the structure or facility facing away from the water body.
2. An improvement to an existing lawful non-conforming structure or facility may be allowed to extend
parallel to the shoreline when the improvement is otherwise in compliance with the dimensional and
setback requirements of this Ordinance.
3. Exterior decks attached to an existing lawful non -conforming structure which do not extend any roof or
foundation may be permitted to extend parallel to the shoreline and shall be constructed to be visually
inconspicuous when viewed from the water (under summer leaf-on conditions).
4. Reconstruction of an existing historic structure, any appurtenances thereto, and the grounds shall be
allowed to preserve its historic character if the structure or site is recognized as a historic site on the
National Register of Historic Places.
3. Use of Gem Lake.
1. No Motorized Use. Gem Lake shall not be used by any motorized craft or traffic including, but not limited to,
motorized boats, snowmobiles, all-terrain vehicles (ATVs) excluding equipment used for cleaning, plowing snow
or other occasional maintenance uses.
2. No Wet Storage of Boats. Boats shall not be moored in Gem Lake for more than forty eight (48) hours at any one
time. Regular storage of boats shall be on the shore of and not in Gem Lake with same properly secured and stored
out of view from neighboring properties and Gem Lake wh ile not in use.
3. Docks.
1. Docks are seasonal and temporary in nature and, therefore, shall not be permanently affixed to the shore or
lake bottom of Gem Lake.
2. Docks shall not be greater than four (4'0") feet in width, two (2'0") feet in height above the water and
twenty (20'0") feet in length from the lake shore.
3. Docks shall not be covered with any roof structure, awnings or any other type of enclosure.
4. Only one (1) dock shall be allowed for each parcel of real property adjoining the waterline.
4. Swimming Rafts.
1. Swimming rafts are seasonal and temporary in nature and therefore shall not be permanently affixed to the
lake bottom.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 108
2. Swimming rafts shall not exceed one hundred (100 sq. ft.) square feet in total area and shall not be more
than two (2'0) feet higher than the water surface.
3. Swimming rafts shall not be located more than fifty (50') feet from the lakeshore.
4. Swimming rafts shall not be covered with a roof structure, awning or any other type of enclosure.
5. Only one (1) raft shall be allowed for each parcel of real property adjoining the waterline.
6. Swimming rafts shall not be moored in Gem Lake for more than forty eight (48) hours at any one time.
Regular storage of swimming rafts shall be on the shore, properly secured and stored out of view from the
water and from neighboring properties.
5. Water Appropriation. No person shall appropriate water from Gem Lake without first obtaining a permit from
VLAWMO.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 109
SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT
1. Erosion, Sediment, and Waste Controls.
1. Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of
erosion and sediment control plans to control runoff and erosion, to retain or contr ol sediment on land during land
construction activities, and to prevent the degradation of resources and the loss or damage of property due to
erosion, sedimentation and waste.
2. Regulation. No person shall commence land disturbing activities, unless granted a variance, without first obtaining
a permit from the City that incorporates and approves an erosion and sediment control plan for the activity,
development or redevelopment. The plan shall be in conformance with the erosion, sediment, and waste control
standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General
Permit MNR100001 (CSW Permit) as now constituted and from time to time amended.
3. Criteria. Erosion and sediment control plans and the construction activity shall comply with the following criteria:
1. Erosion sediment, and waste control measures shall meet or exceed the standard established by the
Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit
MNR100001 (CSW Permit) as now constituted and from time to time amended; except where more
specific requirements are provided in paragraphs 3.2 and 3.3 of this Section below.
2. For certain construction activities, various other permits may also be required. The owner of construction
activity is responsible for obtaining any other required permits from watershed districts and other State,
Federal, or local governmental agencies having any authority over the work to be performed.
3. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected
velocity of flow from a 10-year frequency storm without erosion.
4. The permittee or applicant must ensure final stabilization of the site in accordance with the Minnesota
Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW
Permit) requirements. The site will be considered as having a chieved final stabilization following
submission of Notice of Termination by the permittee or applicant, and inspection and approval by the
City.
4. Exception. No permit or erosion and sediment control plan shall be required under this Section for the following
construction activities:
1. Minor land disturbing activities such as home gardens, repairs and maintenance work.
2. Construction, installation and maintenance of individual sewage treatment systems (ISTS) other than those
on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone.
3. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles.
4. Emergency activity necessary to protect life or prevent substantial harm to persons or property.
5. Minor wetland impacts that have received a “certificate of exemption or no loss” determination by the
LGU (VLAWMO or RWMWD) administering the Minnesota Wetland Conservation Act of 1991, as
amended.
6. All maintenance, repair, resurfacing and reconditioning activities of existing road, bridge, and highway
systems which do not involve construction activities outside of the existing surfaced roadway. All
construction activities not required by this Section to obtain a permit or have an approved erosion and
sediment control plan shall nevertheless be conducted in full compliance with this Section.
5. Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted for review and
approval and include the following:
1. Items consistent with the SWPPP content requirements within the CSW Permit.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 110
2. Project limits and property lines including the location of any existing and proposed utilities and
easements.
3. A schedule indicating the time of the construction activities, implementation, maintenance, and removal of
erosion and sediment control measures, and permanent site stabilization measures.
4. Inspection schedules and time frames.
5. Identification of property owner, operator, and individuals responsible for the implementation of the
Erosion and Sediment Control Plan, including name, phone number and email address.
2. Stormwater Management.
1. Policy Statement. It is the policy of the City to:
1. Manage new development, redevelopment and drainage alternations by requiring each development or
land disturbing activity to manage its stormwater effectively, either on or off -site.
2. Promote and encourage a reduction in runoff rates, encourage infiltration and promote groundwater
recharge.
3. Maximize groundwater recharge as a means of maintaining drinking water supplies, preserving base flows
in streams, and limiting discharges of stormwater to downstream receiving waters.
4. Assure that property owners control the rate and volume of stormwater runoff originating from their
property so that surface water and groundwater quantity and quality is protected or improved, soil erosion
is minimized, and flooding potential is reduced.
5. Protect and improve natural resources within the watershed to prevent further degradation.
2. Regulation. No person shall commence construction activities of 10,000 square feet or greater, unless granted a
variance, without first obtaining a permit from the City that incorporates and approves a stormwater management
plan for the activity, development or redev elopment.
1. Rate Control. The proposed activity will not increase the peak stormwater runoff rate from the site, under
pre-development conditions, for the 2-, 10- and 100-year, critical duration (24-hour_ storm events, using
Atlas 14 rainfall depths and antecedent moisture conditions 2 (AMC -2), for all discharge locations. The
storm distribution shall be a NRCS MSE 3 MN distribution or the nested distribution for Atlas 14 based
data. Discharge rates leaving the site should:
1. Be reduced from existing rates where feasible;
2. Not accelerate on or off-site water course erosion, downstream nuisance, flooding or damage as
demonstrated by the applicant; and/or
3. Runoff rates may be restricted to less than the existing rates as deemed necessary by the City
staff for the protection of public health, safety and general welfare.
2. Volume Control. Projects where the sum of the new impervious surface and the fully reconstructed
impervious surface equals one or more acres must control volume onsite. The following volume control
standards apply:
1. Non-linear projects shall treat 1.1-inch of runoff from the sum of the new and the fully
reconstructed impervious surfaces.
2. Linear projects shall treat the larger of the following:
1. 0.55-inch of runoff from the sum of the new and the fully reconstructed impervious
surfaces; or
2. 1.1-inch of runoff from the net increase in impervious surfaces.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 111
3. Water Quality. Stormwater management must comply with the requirements of the Minnesota Pollution
Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit)
requirements and guidelines set forth in relevant total maximum daily load studies an d other local, state,
and/or federal regulations. No direct (untreated) discharges of stormwater to natural or improved
waterbodies are allowed.
4. Waste Disposal to Waters. Stormwater management must not result in the discharge of any regulated
substance, hazardous or biological waste, or petroleum product, whether treated or untreated, to best
management practice devices that may have a deleterious effect upon water of the s tate (surface and
groundwater), unless the discharge is in compliance with Federal, State and local regulations.
3. Criteria. Stormwater management plans shall comply with the following criteria:
1. All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP -
SWMM or a comparable, City approved method. Hydraulic calculations will be accepted in the rational
method format or in commonly used software packages such as FHWA H Y-8, or XP-SWMM or a
comparable, City approved method. These computations shall be submitted to the City as outlined in this
section with additional detail provided upon request.
2. Water quality calculations will be accepted from commonly used software packages such as MIDS
calculator, P8 (with a standard NURP 50th percentile particle size distribution), or a comparable, City
approved method.
3. Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be
the preferred methodology for the design of local systems. Culvert crossings or storm systems in County
or State right-of-way may have a design frequency which differs from the City’s 10-year design storm.
The designer shall contact each agency/unit of government to determine the appropriate design frequency
for hydrologically-connected systems.
4. Energy dissipation shall be provided at culvert and storm sewer outfalls in accordance with the Minnesota
Department of Transportation Drainage Manual. If stable vegetation is acceptable, temporary erosion
control during and immediately following construction shall be used until vegetation becomes established.
5. High water elevations for landlocked areas (basins where no outlet exists) shall be established by first
estimating the normal or initial water surface elevation at the beginning of a rainfall or runoff event using
a documented water budget, evidence of mottled soil, and/or an established ordinary high-water level. The
high-water level analysis shall be based on runoff volume resulting from a 100 -year/10-day runoff (7.2
inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting fro m a 100-year back-
to-back event. The high-water elevation shall be the higher of these two conditions.
6. All permanent stormwater management facilities and new discharge points to all wetlands and surface
waters shall include pretreatment.
7. Design of all Best Management Practices (BMPs) will be consistent with the Minnesota Stormwater
Manual, 2005, and as amended and the MPCA CSW Permit.
8. Stormwater facilities must provide:
1. An identified overflow spillway and downstream route sufficiently stabilized to convey a 100 -
year critical storm event;
2. Outlets designed to prevent short circuiting of the flow from the facility inputs to the outlet;
3. An outlet skimmer to prevent migration of floatables and oils for the 2-year event; and
4. Access for future maintenance that is free of plantings and impediments .
9. Regional ponds and practices can be used to provide for stormwater management based on the following
criteria:
1. Regional ponds are required to be designed based on ultimate conditions for the contributing
subwatershed; and
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 112
2. Regional ponds are required to be constructed and operational prior to constructing
imperviousness within the contributing drainage area.
10. Wet sedimentation basins and practices shall include at least 1 -foot of freeboard from the top of facility
for the 100-year event.
11. Infiltration and filtration facilities shall:
1. Select the design infiltration based on the least permeable soil horizon within the first five (5)
feet below the bottom elevation of the proposed facility. Site-specific infiltration measurements
completed by a licensed professional (as described in the Minnesota Stormwater Manual,
November 2005, and as amended) may be used in place of the values in the Minnesota
Stormwater Manual, and as approved by the City;
2. Include a diversion or other method within the construction documents to keep construction site
sediment from entering an infiltration and/or filtration system prior to final stabilization of the
entire contributing drainage area; and
3. Include provisions within the construction documents that will prohibit construction equipment
from compacting the soils where infiltration and/or filtration practices are proposed.
12. To the maximum extent practicable, volume control shall be fully met onsite (Section 22.2.2.2). Site
conditions may make infiltration infeasible. The applicant must make soil corrections and/or investigate
other locations on the site for feasible infiltration locations. Infiltration practices are not allowed in the
following areas:
1. Areas that receive runoff from vehicle fueling and maintenance areas, regardless of the amount of
reconstructed impervious surface;
2. Areas where there are high levels of contaminants in soil or groundwater;
3. Areas where soil infiltration rates are more than 8.3 inches per hour, unless soils are amended;
4. Areas with less than 3 feet of separation distance from the bottom of the infiltration system to the
elevation of the seasonally saturated soils or the top of bedrock;
5. Areas of predominately hydrologic soil group D (clay) soils;
6. Areas in an Emergency Response Area (ERA) within a Drinking Water Supply Management
Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as:
1. High or very high vulnerability as defined by the Minnesota Department of Health; or
2. Moderate vulnerability unless the permittee performs or approves a higher level of
engineering review sufficient to provide a functioning treatment system and to prevent
adverse impacts to groundwater;
7. Areas outside of an ERA within a DWSMA classified as high or very high vulnerability unless
the permittee performs or approves a higher level of engineering review sufficient to provide a
functioning treatment system and to prevent adverse impacts to ground water;
8. Areas within 1,000 feet up-gradient or 100 feet down gradient of known active karst features;
9. Areas that receive runoff from the following industrial facilities not authorized to infiltrate
stormwater under the NPDES stormwater permit for industrial activities: automobile salvage
yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or
disposal facilities; or air transportation facilities that conduct deicing activities; or
10. Areas within 50 feet of a septic tank or drain field.
If the applicant claims that infiltration is not feasible or allowed onsite, the applicant must provide
supporting documentation and follow Section 2, Subsection 4.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 113
4. Alternative Compliance Sequencing. For sites where infiltration practices are determined infeasible as described
in Section 22.2.3.1, the following Alternative Compliance Sequencing steps shall be taken in the order shown:
1. Alterative stormwater compliance such as filtration or wet detention may be pursued. Supporting
documentation must be provided to justify infeasibilities. Alternative compliance must be designed to treat
the required volume as described in Section 22.2.2.2 and using criteria as listed in the most recent version
of the MPCA’s CSW Permit and Minnesota Stormwater Manual.
2. For linear projects, where the entire volume cannot be treated within the existing right -of-way, a
reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater
during the project planning process must be made. If additional right-of-way, easements, or other
permission cannot be obtained, owners of construction activity must maximize the treatment of the water
quality volume prior to discharge.
3. For non-linear projects, where the entire volume cannot be treated onsite, owners of the construction
activity must identify locations where off-site treatment projects can be completed. Off-site treatment
must be selected in the following order of preference:
1. Locations that yield benefits to the same receiving water that receives runoff from the original
construction activity;
2. Locations within the same Department of Natural Resource (DNR) catchment area as the original
construction activity;
3. Locations in the next adjacent DNR catchment area up-stream; or
4. Locations anywhere within the permittee’s jurisdiction.
4. Offsite treatment projects must:
1. Involve the creation of new structural stormwater BMPs or the retrofit of existing structural
stormwater BMPs, or the use of a properly designed regional structural stormwater BMP.
Routine maintenance of structural stormwater BMPs already required by anoth er permit cannot
be used to meet this requirement.
2. Be completed no later than 24 months after the start of the original construction activity.
5. Maintenance and Easement.
1. Stormwater management easements shall be provided by the applicant for (1) access for facility
inspections and maintenance and (2) preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities, including the overflow route.
2. Land used by stormwater management facilities shall be preserved by dedication and/or perpetual
easement to the City, when required by the City. These easements shall cover those portions of the
property which are adjacent to the facility and which lie below the 100-year flood elevation.
3. A maintenance agreement shall be recorded with the County as part of the City development approval
process. Minimum requirements for the maintenance agreement include:
1. A list of the responsible party(s) (City and facility owner/manager);
2. Contact information;
3. A formalized maintenance schedule, with scheduled activities;
4. A “Failure to Perform” provision laying out remedial actions if the responsible party does not
perform as expected;
5. Maintenance debris handling plans; and
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 114
6. Emergency response (environmental, spill, safety).
4. Maintenance is required for all stormwater practices constructed in compliance with these Policies. The
City will conduct periodic inspection of stormwater practices.
5. When land used by stormwater management facilities is public land or public right-of-way, easements
under this section will not be required, and a written agreement between the City and applicant may be
executed in lieu of the recorded maintenance agreemen t.
6. A maintenance agreement between the site owner and City must be completed, including a plan prepared
by the site owner for maintenance of any stormwater management facilities that identifies the maintenance
activities and frequency of activities for each permanent stormwater management system proposed,
including but not limited to street sweeping, pond inspection, sediment removal and disposal, etc.
6. Stormwater Management Plan. A stormwater management plan shall be submitted for review and approval and
include the following:
1. A complete and thorough project narrative, including:
1. The name, address, and contact information for the project.
2. A description of the project, including a summary of existing and proposed impervious areas.
3. A description and exhibit of on-site and contributing existing and proposed sub watersheds, with
flow directions/patterns and discharge points.
4. Computations and data tables for stormwater runoff volume, water quality, and rate analyses for
existing and proposed conditions.
5. All hydrologic and hydraulic computations completed to design the proposed stormwater
management facilities. Model summaries must be submitted. The summaries shall include a map
that corresponds to the drainage areas in the model and all other information used to develop the
model. If regional facilities are used for compliance, computations demonstrating the overall
regional function of the facility shall be submitted, including maintenance agreement
documentation.
6. Soil and geotechnical information, including soil types, groundwater investigation, soil
conditions within five feet from the bottom of any proposed infiltration facilities, and infiltration
capacity of soils, as applicable.
7. Other supplemental information as deemed necessary by City staff.
2. Construction plans or exhibits, showing:
1. Project limits and property lines including the location of any existing and proposed utilities and
easements.
2. Location, alignment and elevation of proposed and existing stormwater facilities.
3. Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or
disturbance of stream bank and shoreland vegetation should be avoided.
4. Existing and proposed 100-year high water level elevations on-site.
5. Existing and proposed site contour elevations related to NAVD 1988 datum, including directions
or flow and all discharge points.
6. Specifications of all proposed stormwater management facilities.
7. Provision of easements for maintenance access to detention basins, constructed wetlands and
other stormwater management facilities.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 115
8. Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation.
9. Identification of receiving water bodies (lakes, streams, wetlands, etc.).
10. Location of all proposed stormwater treatment facilities. The normal water level and 100-year
flood elevations shall be shown for all stormwater treatment devices.
3. Erosion and Sediment Control Plan consistent with Section 22.1
4. Maintenance plan and agreement, consistent with Section 22.2.5.
5. Any additional documentation necessary to demonstrate compliance.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 116
SECTION 23. BROADCAST/TELECOMMUNICATIONS TOWERS AND ANTENNAS
1. Purpose and Intent.
1. The purpose of this section is to establish predictable standards for siting and installing of wireless telephone, radio
broadcast, television broadcast and communications antenna towers or supporting structures within the City of
Gem Lake. It is the intent of this section to accommodate the communications needed of the residents and
businesses while protecting the public health, safety and general welfare of the community.
2. Specifically, the City Council finds the regulations set forth in this section necessary to:
1. Facilitate the provisions for wireless telecommunication services to the residents and businesses of the
City.
2. Restrict the location of towers and antennas to designated areas of the City and impose design standards to
minimize adverse visual effects of towers and antennas.
3. Require evidence of structural integrity and impose setback requirements to avoid potential damage to
adjacent properties from tower or antenna failure.
4. Require applicants for towers and antenna to prove their need and to apply for permits for their
construction.
5. Maximize the use of existing and approved towers and buildings to accommodate new antennas and
reduce the number of towers needed to serve the community.
2. Zoning Districts for Construction.
1. The following Zoning district preferences shall be followed when selecting potential commercial broadcast/
telecommunications tower sites in the City of Gem Lake:
1. Gateway District “G”
2. The following Zoning districts shall not be used for commercial broadcast/telecommunications tower/antenna sites
in the City of Gem Lake:
1. Any “RE,” “RX,” “RO,” or “RS” District
2. Any Overlay District
3. Performance Standards.
1. All stand-alone tower or antennas and/or supporting structures must be of an enclosed monopole design. No
monopoles with exposed antennas and other appendages are allowed.
2. A proposal for a new tower shall not be approved unless the City Council finds that the Broadcast/
telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or
approved tower or building within a one (1) mile search radius of the proposed tower due to one of the following
reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building
as documented by a qualified and licensed professional engineer, and the existing or approved tower
cannot be reinforced, modified or replaced to accom modate planned or equivalent equipment at
reasonable cost.
2. The planned equipment would cause interference materially impacting the usability of other existing or
planned equipment at the tower or building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within the search radius cannot accommodate the planned
equipment at a height necessary to function reasonably as documented by a qualified and licensed
professional engineer.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 117
4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment
upon an existing or approved tower or building.
3. Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically
and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two (2)
additional users if the tower is over one hundred (100') feet in height or for at leaser one additional user if the tower
is over sixty (60') feet in height. Towers must be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at varying heights.
4. Structural design, mounting, and installation of any tower or antenna shall be in compliance with the
manufacturer’s specification and as may be necessary or as determined by the City Council. All such designs and
installations shall be verified and approved by a qualified and licensed professional engineer employed by the
applicant.
5. All towers and antennas and related structures shall be designed and built in compliance with all City of Gem Lake
building codes and electrical code requirements, and as applicable shall require permits. Existing towers may
continue in use but may not be structurally altered.
6. The height and style of the tower and antenna shall be the minimum necessary to function satisfactorily, as verified
by a communications engineer or other appropriate professional. However, no towers erected for broadcast or
Telecommunications service shall exceed 180 feet and no tower and accompanying antenna shall exceed two-
hundred (200') feet.
7. All obsolete and unused towers and antennas shall be removed within six (6) months of cessation or operation at
the site, unless an exemption is granted by the City Council. The City reserves the right to remove any unused
tower or antenna at its expense then back charge the property owner to recover costs.
8. Damaged existing towers and antennas may be rebuilt to the same physical dimensions and at the same location.
Repairs and rebuilding shall be complete within one (1) year after receiving the building permit from the City.
However, if the tower is destroyed due to any reason or cause whatsoever, so that repairs would be forty (40%)
percent or more of a new tower, then the tower may not be repaired or restored except in full compliance with this
Ordinance.
9. No advertising message shall be affixed to any tower and or antenna structure.
10. No tower or antenna shall be illuminated by artificial means and must not display strobe lights, unless such lighting
is required by the Federal Aviation Administration, or other federal or state authority for that particular tower.
When incorporated into the approved design, the tower may support light fixtures used to illuminate parking lights,
ball fields, or similar areas.
11. Towers and antennas must be designed to blend into the surrounding environment through use of color and
camouflaging architectural treatment, except in instances where color is dictated by federal or state authorities such
as the Federal Aviation Administration. Antenna support structures shall be painted light blue, gray, or silver or
have a galvanized finish to reduce visual impact.
12. Towers located closer to a property line than the distance equal to the tot eh height of the tower shall be designed
and engineered to collapse progressively within the distance between the tower and property line. The applicant for
any tower shall submit written documentation explaining tower construction and possible failure and provide
assurance that blowing or falling ice from tower/antenna can be contained on the subject property. At a minimum,
the tower shall comply with the minimum setback requirement of the Zoning District in which it is located.
13. A tower shall be located on a parcel of land so as to have the least impact on adjoining properties and any negative
impact of the tower shall be confined onto the property on which it is located, to the greatest extent possible.
14. The tower location shall provide the maximum amount of screening for off -site views of the tower and/or antenna
and related structure. Existing on site vegetation shall be preserved to the maximum extent possible.
15. All utility buildings, structures, and equipment accessory to the tower or antenna must be architecturally designed
to blend in with surrounding environment and must meet the minimum design requirements of the Zoning District
in which they are located.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 118
16. No change in the use or ownership of an approved tower or antenna may be made without the written consent of
the City Council.
17. Co-location of antennas upon overhead power line poles or street light poles is encouraged provide the said antenna
meets all applicable federal state spacing requirements and inference regulation.
4. Proof of Non-Interference.
1. Each application for construction of a commercial Broadcast or Wireless telecommunication facility shall include
either a certified statement that the construction of the tower/antenna, including reception and transmission
functions, will not interfere with the radio, television, or other service enjoyed by adjacent residential and non -
residential properties. If interference is found after the facility has been built has been erected, the applicant has to
solve any problems his equipment has caused, at his cost.
5. Tower Setbacks.
1. Where adjacent parcels are zoned for commercial or industrial uses, setbacks equivalent to those established for the
principle structure shall be provided for any tower/antenna. Setbacks equal to the height of the tower shall be
established on sites that are adjacent to parcels developed or able to be developed for residential use.
6. Permit Applications and Plan Review.
1. Conditional Use Permit. Applicants for a tower/antenna Conditional Use Permit must file a Conditional Use
Permit application with the City of Gem Lake and pay any and all associated fees.
2. Planning Commission/City Council review. All applications for a Broadcast/Telecommunications tower must
first be sent to the Planning Commission which shall review the application and may recommend to the City
Council approval or denial. The City Council will hold the necessary Public hearing(s) on this matter and will then
approve or deny the request. The applicant is responsible for supplying a certified list of the property owners within
three-hundred (350') feet of the proposed tower/antenna site and pay all costs for notifying all such parties of the
public hearing(s) needed.
7. Exceptions.
1. The following towers and/or antennas supporting structures and antennas are not subject to the restrictions of
Section 21 of this Ordinance:
1. Towers and/or antennas identified as “Accessory and Secondary Antennas” in this Ordinance are exempt.
All Amateur Radio “Accessory and Secondary” antennas and/or towers must be installed in accordance
with instructions furnished by the manufacturer of the tower/antenna.
2. Towers and antennas that are located entirely with a structure that complies with the height, bulk and
density and area requirements of the City of Gem Lake Zoning Ordinance and are not visible from the
exterior of the structure are also exempt.
3. Towers/antennas for radio/telecommunications equipment owned and operated by the City of Gem Lake
are also exempt.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 119
SECTION 24. WIND ENERGY CONVERSION SYSTEMS
1. Purpose. The purpose of this Ordinance is to establish standards and procedures by which the installation and operation of
residential wind energy conversion systems (WECS) shall be governed within the city.
2. Zoning Allowance. A Residential WECS may be installed as an accessory use in all zoning districts, provided that the
system complies with all terms and conditions of this Ordinance.
3. License Required. A Residential WECS with a blade diameter under 6 feet and installed so that the total extended height
does not exceed 10 feet over the tallest structure on a property shall not require a City license. For all other WECS, a lice nse
must be obtained from the City of Gem Lake prior to installation of the system. The City Council shall designate a member
of City staff as the officer responsible for accepting and reviewing applications for Residential WECS licenses. The City
Council shall establish fees by separate resolution for review of an initial application and for renewal applications.
1. Initial Application. Any person wishing to install a Residential WECS requiring a license shall complete an
application on a form provided by the City, pay the required application fee, and submit the application fee, and
attach the following additional materials:
1. A site plan, drawn to scale, depicting the location of all WECS components on the property; the locations
of property boundaries; the location of all structures and above -ground utilities located on the property,
and the location of any public rights-of-way or utility easements on the property. The plan shall also
indicate the height of the tallest structure, tree or object lying within 30 feet from the base of the tower.
2. Documentation that a current insurance policy extends coverage to the proposed Residential WECS,
whether under existing property insurance or a separate policy.
3. A copy of the WECS manufacturer’s documentation stating rated generation capacity, standards
certifications (such as Underwriters’ Laboratories certification) for each WECS component, installation
instructions, standard drawings or schematics for the equip ment, warranties, manufacturer’s warnings, and
emergency procedures.
2. Renewal Application. A person with a licensed WECS previously installed upon their property shall submit a
renewal application on a form provided by the City, pay the required application fee, and provide the following:
1. A revised site plan and elevations reflecting the current location and height of trees, structures and utilities
on the property in which the tower is located; and
2. If any of the documents required by Section 24.3.1.1 or .2 have been replaced by new documents or
revised, current copies of those documents.
3. Review of Applications. The officer designated by the City Council shall review the license applications and
attached supporting material for compliance with the regulations set forth in this Ordinance. If the reviewing officer
believes the proposed or existing WECS complies, the officer shall issue the license.
4. Term of license. A Residential WECS license shall remain in effect for five (5) years following issuance, unless
the City Council shall earlier revoke the license for failure to comply with the terms of this Ordinance.
5. Revocation. If the City learns of a violation of this Ordinance, it shall provide a notice to the property owner of the
alleged violation and the date and time of a hearing before the City Council to consider the violation. The City
Council shall hold a hearing, at which it will receive evidence of the violation and take testimony from any
interested parties, including the property owner. Following the hearing, if the Council determines that the WECS is
in violation of the standards in this Ordinance, it may revoke the WECS license immediately, give the owner a
reasonable period of time in which to correct the violation without revocation, or choose to take no action on the
WECS license. If a WECS license is revoked, the WECS and tower must be dismantled and removed fro m the
property within 90 days of revocation.
4. Code Compliance. WECS installation is not exempt from the State Building Code and similar safety codes, and all permits
required for the construction and/or installation of WECS components must be obtained from the City’s Building Official
prior to commencing work to install the WECS.
1. Compliance with State Building Code. Standard drawings of the structural components of the wind energy
conversion system and support structures, including base and footings shall be provided along with engineering
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 120
data and calculations to demonstrate compliance with the structural design provisions of the state building code.
Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
2. Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and
installed in adherence to the National Electrical Code as adopted by the city.
5. Standards for Siting, Installation and Operation of WECS.
1. Height. The height of a WECS must comply with FAA regulation part 77 "Objects Affecting Navigable Air
Space" and/or MNDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation".
2. Setback. WECS towers shall be setback from the closest property line at least one foot for every one foot of the
system’s total extended height. No part of a WECS (including guy wire anchors) shall be located within or above
any required front, side or rear yard setback.
3. Rotor clearance. At installation, the bottom of the WECS blade diameter shall have a minimum of 5 feet of
clearance over any structure (including above-ground utilities) or tree within a 200-foot radius of the WECS tower.
The property owner is responsible for ensuring tha t trees and other vegetation do not encroach on the minimum
rotor clearance after the system is installed.
4. Rotor safety. Each WECS shall be equipped with control equipment to prevent dangerous operation in high wind
and to allow the turbine to be slowed or stopped in an emergency.
5. Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following
provisions:
1. Tower climbing apparatus shall not be located within 12 feet of the ground.
2. A locked anti-climb device shall be installed on the tower.
3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.
6. Component certification. Each electrical component of the WECS must be certified by Underwriters
Laboratories, Inc. The overall WECS system must either be certified or pending certification by the Small Wind
Certification Council as compliant with the American Wind Energy Association’s Small Wind Turbine
Performance and Safety Standard.
7. Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance
with the National Electrical Code as adopted by the city.
8. Signs. Each WECS shall have one sign, not to exceed two square feet, posted at the base of the tower and said sign
shall contain the following information.
1. High voltage warning, if a component of the WECS is “high voltage” under the National Electrical Code;
2. Manufacturer’s Name;
3. Emergency Phone Number;
4. Emergency Shutdown Procedures.
No other signage is permitted on the tower or turbine components of the WECS. A manufacturer’s name or logo
printed on a component is not considered “signage” for the purpose of this Ordinance.
9. Lighting. WECS shall not be illuminated from the ground, or have affixed or attached any lights, reflectors, flasher
or any other illumination, except for those required by FAA regulations part 77 "Objects Affecting Navigable Air
Space" and FAA Advisory circular 70/7460-1F, September 1978 "Obstruction Marking and Lighting".
10. Noise Emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 121
11. Utility Company Interconnection. If the WECS is interconnected with a local electrical utility company, the
connection shall adhere to the National Electrical Code as adopted by the city.
6. Test Towers. A tower to support anemometers and other test equipment to determine the feasibility of installing a WECS
on the property may be installed as an accessory use in all zoning districts. A license is not required to erect a test tower , but
the City must be notified of the installation and provided with a site plan and elevations similar to that required in Section
24.3.1.1. The test tower must comply with all applicable siting, installation and operation requiremen ts in Section 24.5,
though a test tower may use guy wires for support. If required by the State Building Code, a building permit must be
obtained before commencing work to erect the test tower. A test tower may stand on a property for a maximum of twenty -
four months in any three-year period.
7. Inspection. The city hereby reserves the right upon issuing any WECS license to inspect the premises on which the WECS
is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take
expeditious action to correct the situation.
8. Abandonment. If any WECS or tower is not used for six successive months, the City shall give notice to the property
owner that the WECS must be put back in service within six months from the date of notice. If the WECS is not put back
into service within that time, the WECS and tower shall be deemed abandoned and shall be dismantled and removed from
the property at the expense of the property owner.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 122
SECTION 25. SUBDIVISIONS
1. Purpose. In order to safeguard the best interests of the City of Gem Lake and to assist the subdivider in harmonizing his
interests with those of the City at large, the following section is adopted so that the adherence to the same will bring resu lts
beneficial to both parties. It is the purpose of this section to make certain regulations and requirements for the platting of
land within the City of Gem Lake, pursuant to the authority contained in Minnesota Statutes, which regulations the City
Council deems necessary for the health, safety and general welfare of this community.
2. Jurisdiction. The regulations herein governing plats and the subdivision of land shall apply within the corporate limits of
the City of Gem Lake, MN.
3. Interpretation. The interpretation and application of the provisions of this section shall be minimum requirements adopted
for the protection of public health, safety and general welfare.
4. Requirements.
1. This section requires that all land division in the City of Gem Lake be accomplished thru subdivision of property as
described in this section.
2. No subdivision of property in the City of Gem Lake shall be recorded in the Ramsey County Recorder’s Office or
have any validity unless it is:
1. Part of a Platted Subdivision; or
2. Part of a Minor Subdivision described by a plat approved by the City; or
3. A single lot, existing on the effective date of this section, described by metes and bounds, which
description shall be accompanied by a registered lot survey; or
4. A parcel 20 acres or more in size with at least 500 feet or more of frontage.
3. No building permits shall be considered for issuance by the City of Gem Lake for constructing any building,
structure or improvement on the land on any lot in the subdivision as defined herein, until all requirements of this
section have been met.
5. Park Land Dedication Requirements.
1. As a pre-requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks,
playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake’s park
fund as provided by this section of this section. The form of the contribution, cash or land (or any combination),
shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the
development or ten (10.0%) percent of the pre-development land value.
2. Subdivision of land which has been previously platted and officially recorded and which contains less than one (1)
acre shall be exempt from dedication requirements.
3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use
and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access
and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution.
4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land
and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review,
the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for
proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be
dedicated shall be established by resolution of the City Council.
5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in
calculating the density requirements of the this ordinance for the proposed development or subdivision, and shall be
in addition to and not in lieu of open space requirements for Planned Unit Developments.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 123
6. Where private open space for park and recreational purposes is provided for in a proposed development,
subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future
residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against
the requirement for dedication for park and recreation purposes, providing the City Council f inds it is in the public
interest to do so and that the following standards are met:
1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and
building regulations shall not be included in the computation of such private open spaces; and
2. That the public ownership and maintenance of the open space is adequately pro vided for by written
agreements; and
3. That the public open space is restricted for park and recreational purposes by recorded covenants which
run with the land in favor of the future owners of property within the tract and which cannot be eliminated
without the consent of the City Council; and
4. That facilities proposed for the open space are in substantial accordance with the provisions of the
recreational element of the comprehensive plan, and are approved by the City Council; and
5. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park
dedication requirements for the development.
7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of
conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited
and shall make, from time to time, ap propriations from such fund for acquisition of land for park and playground
purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement
in connection with land previously acquired for parks and play grounds which benefit the residents of the City.
8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of
buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a
reasonable amount as determined by the City Council.
9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park
land and/or cash contribution to the City.
6. Minor Subdivisions.
1. When a subdivision is requested, if either or both of the following conditions exist, the Zoning Administrator may
bring the request and the completed Subdivision Application form to the attention of the City Council without
going through the complete subdivision process outlined in this section:
1. The proposed subdivision will result in three (3) or fewer fully conforming lots in an area where
conditions are well defined. Only once shall a subdivision of 3 lots or less be allowed in any one (1) parcel
of property. All lots proposed shall have frontage on a street as required by this Ordinance.
2. In the case of a request to divide an existing lot, where the division is to permit the adding of a parcel of
land to an abutting lot, or to create two (2) lots, and the newly created property line will not cause the
other remaining portion of the lot or a ny structure to be in violation with this Ordinance.
2. The applicant will be required to submit a plat prepared by a registered land surveyor showing the original lot and
the proposed subdivision. The newly created parcels also shall meet all requirements of this Ordinance. A
preliminary site plan for the proposed subdivided area showing building sites, driveway access points, drainage
plans and utility easements shall also be included.
3. The required filing fee for this Minor Subdivision shall be as established and, from time to time, amended by the
City Council as part of the Gem Lake Fee Schedule.
4. Prior to approval of a Minor Subdivision the City Council reserves the right to require any or all sections of this
Ordinance to be applied.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 124
5. The Minor Subdivision created by these proceedings shall be recorded with the County Register of Deeds within
sixty (60) days after the date of approval by the City Council. If not recorded within this time period, the approval
of this subdivision by the City shall be considered void.
7. Severability. It is the intention of the City Council that the several provisions of this section are severable and that if any
court of competent jurisdiction shall adjudge any provision of this section or application thereof to be invalid, such
judgment shall not affect any other provisions of this section not specifically included in said judgment.
8. Conflict and Interaction of Ordinances. Whenever there is a conflict between minimum standards or dimensions specified
herein and those contained in other official regulations, resolutions, Codes or Ordinances of the City, the most restrictive
standards shall apply.
9. Rules and Definitions.
1. The language set forth in the text of this section shall be interpreted in accordance with the following rules of
construction:
1. The singular number includes the plural, and the plural the singular;
2. The present tense includes the past and future tenses and the future the present;
3. The word “shall” is mandatory while the word “may” is permissive;
4. The masculine gender includes the feminine and neuter;
5. Whenever a word or term defined herein appears in the text of this section, its meaning shall be construed
as set forth in such definition thereof;
6. All measured distances expressed in feet shall be to the nearest tenth of a foot.
10. Filing and Review Procedures of Plans.
1. Sketch Plan. In order to insure that all applicants are informed on the procedural requirements and minimum
standards of this section and the requirements or limitations imposed by other City Codes, Ordinances or Plans, the
applicant shall submit three (3) copies of a Sketch Plan to the Zoning Administrator. (see Section 25.12 for details
of what is to be included in a Sketch Plan) The applicant also shall arrange a pre -application meeting with the
Zoning Administrator, the Planning Commission and the City Engineer to review and discuss the proposed
development.
2. Preliminary Plan.
1. Filing. The subdivider shall submit to the Zoning Administrator the following:
1. A completed Subdivision Application form;
2. Ten (10) copies of the Preliminary Plan and at least one reduced (8 ½ X 1 1 or 8 ½ X 14)
Preliminary Plat;
3. The required fees. The base fee for a subdivision application shall be established by the city
council from time to time and published with all other City fees and charges. This fee is non -
refundable. In addition to the base fee, the subdivider shall depos it funds with the City for
payment of expenses incurred through staff time and from all outside sources including, but not
limited to, engineers, attorneys, and outside consultants employed specifically for review and
processing the application. The deposit shall be based on the city clerk’s estimate of staff and
consultant time required, but in no case shall the deposit exceed one percent (1%) of the current -
year market value of the land to be subdivided, as determined by the Ramsey County Assessor.
Any amount over the base fee not expended by the city will be refunded within thirty (30) days
of final action on the application (i.e. final plat approval or application denial). Expenses in
excess of the filing fee and deposit that the City incurs shall be borne by the subdivider and paid
prior to final approval;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 125
4. Any applications for Variances from the provisions of this section or applications for Variances
or Special Uses as provided for in the other Gem Lake Ordinances and the required fee(s) for
such action;
5. A list of all property owners located within three hundred fifty (350) feet of the subject property,
obtained from and certified by Ramsey County or the City of Gem Lake;
6. An executed Cost Sharing Agreement indicating the applicants understanding that he/she agrees
to reimburse the City for all expenses incurred through staff time and from all outside sources
including, but not limited to, engineers, attorneys, and outside consultants employed specifically
for review and processing the application.
2. Action on Requests. The Zoning Administrator shall upon receipt of the Preliminary Plan:
1. Determine whether the Preliminary Plan includes the data required by this section. The plan shall
be considered as being officially submitted when all the information required is supplied and all
requirements of this section are complied with;
2. Send a copy of the Subdivision Application and one copy of the Preliminary Plan to each
member of the Planning Commission and one copy to the City Engineer;
3. The Zoning Administrator also shall refer copies of the Preliminary Plan to the Park Advisory
committee, Watershed Districts, County, State, or other public jurisdictions for their timely
review and comment, where appropriate and when required;
4. The proposed plan shall be placed on the agenda of the first possible Planning Comm ission
meeting;
5. The City Engineer shall in a timely manner submit his report to the Planning Commission. This
report shall be on the feasibility of street location and construction and on any drainage or other
problems that might be encountered. The absence of a report from the City Engineer shall in no
way invalidate the approval or disapproval by the City of the Preliminary Plan;
6. The Planning Commission shall hold a public hearing on the proposed Preliminary Plan and shall
have notice of such hearing published in the official newspaper at least ten (10) days prior to the
hearing. The subdivider shall certify that all owners of property within 350 feet of the property
being subdivided have been notified by mail of the Public Hearing;
7. Upon completion of the Public Hearing, the Planning Commission shall prepare and submit its
report, five (5) copies of the Preliminary Plan, its recommendation for approval or disapproval,
and recommendations for conditions associated with approval to the City Council in a timely
manner that allows the City Council to take action within the time limits established by law. If
the report of the Planning Commission has not been received so as to provide for compliance
with time limits established by law, the City Council may act without such a report;
8. The City Council shall, within the time limits established by law, approve with or without
conditions or disapprove the Application for Subdivision Preliminary Plat with said action being
formally recorded in the minutes of a properly convened meeting. Fur ther, any disapproval of the
Application for Subdivision Preliminary Plat shall be noticed in writing to the applicant;
9. Any modification or waiver of time limits established by law shall only be made in writing to the
City by the applicant except for extensions by the City provided for by law.
3. Final Plat. Within six (6) months following approval of the Preliminary Plan by the City Council, unless the
subdivider has requested an extension of that time from the City Council, the following shall be submitted to the
Zoning Administrator:
1. Filing.
1. Eight (8) copies of the Final Plat, including one reproducible copy are required. This Final Plat
shall incorporate all changes to and conditions associated with the Preliminary Plan required by
the City Council. Otherwise, it shall conform to the Preliminary Plan. The Final Plat may
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 126
constitute only that portion of the Preliminary Plan that the subdivider proposes to record and
develop at this time. If the Final Plat is not submitted within six (6) months, the approval of the
Preliminary Plan shall be considered void;
2. An up-to-date certified abstract of title or registered property record report and such other
evidence as the City Council may require showing title or control of the property in the
subdivision by the applicant.
2. Action on Requests. The Zoning Administrator shall upon receipt of the Final Plat:
1. Acknowledge receipt of the Final Plat to the applicant;
2. Send three (3) copies of the Final Plat to the Planning Commission;
3. The report of the Planning Commission shall be submitted to the City Council in a timely manner
that allows the City Council to take action within the time limits established by law after filing of
the Final Plat. The report shall state whether the proposed improvements conform to the
engineering standards and specifications established in this section. It shall also state whether the
Final Plat conforms to the Preliminary Plan as approved by the City Council ;
4. The City Council shall act on the Final Plat within the time limits established by law. It shall not
approve a Final Plat unless it:
1. Conforms to the Preliminary Plan with all changes and conditions associated with the
Preliminary Plan approval by the City;
2. Meets the design and engineering standards set forth in this section;
3. Conforms to the plans of the City, as approved by the Planning Commission and City
Council;
4. All fees required to be paid to the City in connection with this Plat have been paid.
5. If the Final Plat is approved by the City Council, the subdivider shall record it with the County
Register of Deeds within sixty (60) days after the date of approval. If not recorded within this
time period, the approval of the Final Plat shall be considered void;
6. The subdivider shall immediately upon completion of recording, furnish to the City Clerk two (2)
prints of the Final Plat showing evidence of recording.
4. Data Requirements for Plans and Plats.
1. Sketch Plan. Sketch Plans shall contain, at a minimum, the following information:
1. Plat Boundary;
2. North arrow;
3. Scale;
4. Street layout on and adjacent to plat;
5. Designation of land use and current proposed zoning ;
6. Significant topographical or physical features;
7. Preliminary lot locations, numbers and layout.
2. Preliminary Plan. The subdivider shall prepare and submit a Preliminary Plan, together with any
necessary supplementary information. The Preliminary Plan shall contain the information set forth in the
sections that follow.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 127
1. General Requirements.
1. Proposed name of subdivision; names shall not duplicate or too closely resemble names
of existing subdivisions in Ramsey County;
2. Location of boundary lines in relation to a known section, quarter section or quarter -
quarter section line comprising a legal description of the property;
3. Names and addresses of all persons having property interest, the developer, designer and
surveyor together with the surveyor’s registration number;
4. Graphic scale of plat, not less than one (1) inch to one hundred (100) feet;
5. Date and north arrow.
2. Existing Conditions.
1. Boundary lines and total acreage of proposed plat, clearly indicated;
2. Existing zoning classifications for land within and abutting the subdivision;
3. Location, widths and names of all existing or previously platted streets or other public
ways, showing type, width and condition of improvements, if any; railroad and utility
rights-of-way, parks and other public open spaces, permanent buildings and struct ures,
easements and section and corporate lines within the plat and to a distance of three-
hundred and fifty (350) feet beyond the tract;
4. Location and size of existing sewers, water mains, culverts or other underground
facilities within the tract and to a distance of one hundred (100) feet beyond the tract,
Such data as grades, invert elevations and locations of catch basins, manholes a nd
hydrants also shall be shown;
5. Boundary lines of adjoining unsubdivided and subdivided land, within three hundred
fifty (350) feet, identified by name and ownership, including all contiguous land owned
or controlled by the subdivider;
6. Topographical data, including contours at vertical intervals of not more than two (2)
feet. Water courses, wetlands, rock out-crops, power transmission poles and lines and
other significant features shall also be shown;
7. In plats where public water and sewer are not available, the subdivider shall file a report
prepared by a registered civil engineer on the feasibility of individual on -site sewer and
waste systems on each lot, and shall include soils boring analysis and pe rcolation tests to
verify conclusions.
3. Proposed Design Features.
1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical
cross sections, and proposed names of streets in conformance with City and County
street identification policies. The name of any street heretofore used in the City o f Gem
Lake or its environs shall not be used unless the proposed street is a logical extension of
an already named street, in which event the same name shall be used;
2. Locations and size of proposed sewer lines and water mains;
3. Locations, dimensions and purposes of all easements;
4. Layout, numbers, lot areas and preliminary dimensions of lots and blocks;
5. Minimum front and side street building setback lines;
6. When lots are located on a curve, the width of the lot at the building setback line;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 128
7. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated
or reserved for public use, including the size of such area or areas in acres;
8. Water mains shall be provided to serve the subdivision by extension of an existing
community system whenever feasible. Service connections shall be stubbed into the
property line and all necessary fire hydrants also shall be provided. Extensions of the
public water supply system shall be designed so as to provide public water in
accordance with the standards of the City of Gem Lake. In areas where public water
supply is not available, individual wells shall be provided on each lot, properly placed in
relation to individual sewage treatment facilities on the same and adjoining lots. Well
plans must comply with the Minnesota State Well Code as may be amended, and shall
be submitted for the approval of the City Engineer;
9. Sewage Disposal, Public. Sanitary sewer mains and service connections shall be
installed in accordance with the standards and ordinances of the State of MN, Ramsey
County and the City of Gem Lake;
10. Sewage Disposal, Private. All on-site septic systems shall be installed in accordance
with the standards and ordinances of the State of MN, Ramsey County and the City of
Gem Lake.
4. Supplementary Information.
1. Proposed restrictive covenants;
2. An accurate soil survey of the subdivision prepared by a qualified person;
3. Statement of the proposed use of lots stating type of buildings with number of proposed
dwelling units or type of business or industry, so as to reveal the effect of the
development on traffic, fire hazards and congestion of population;
4. If any zoning changes are contemplated, the proposed zoning plan for the areas,
including dimensions shall be shown, such proposed zoning plan shall be for
information only and shall not vest any rights in the applica nt;
5. Provisions for surface water disposal, ponding, drainage and flood control;
6. Where the subdivider owns property adjacent to that which is being proposed for the
subdivision, it shall be required that the subdivider submit a sketch plan of the
remainder of the property so as to show the possible relationships between the proposed
subdivision and the future subdivision. In any event, all subdivisions shall be required to
relate well with existing or potential adjacent subdivisions;
7. Where structures are to be placed on large or excessively deep lots that are subject to
potential re-platting, the preliminary plat shall indicate a logical way in which the lots
could possibly be re-subdivided in the future;
8. Proof that a plan for soil erosion and sediment control, both during construction and
after development, has been completed. The plan shall include gradients of waterways,
design of velocity and erosion control measures, design of sediment control measures ,
and landscaping of the erosion and sediment control system along with any such
requirements as may be required of the applicant by watershed districts or other such
public agencies established to regulate sediment and erosion control;
9. A vegetation preservation and protection plan that shows those trees proposed to be
removed, those to remain, the types and location of trees and other vegetation that are to
be planted, and which indicates compliance with all attendant local ordinances;
10. When the City of Gem Lake agrees to install improvements in a development, the
developer shall furnish the City a Financial Statement satisfactory to the City. When
then City has not undertaken to install improvements, the City may, at the City’s option,
require the developer to furnish a Financial Statement satisfactory to the City;
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 129
11. Such other information as may be required.
5. Final Plat. The owner or subdivider shall submit a Final Plat together with any necessary supplementary
information. The Final Plat, prepared for recording purposes, shall be prepared in accordance with provisions of
Minnesota State Statutes, Ramsey County regulations and the Final Plat shall contain the following information:
1. General Requirements.
1. Name of the subdivision, which shall not duplicate or too closely approximate the n ame of any
existing subdivision;
2. Location by section, township, range, county and state, and including descriptive boundaries of
the subdivision, based on an accurate traverse, giving angular and linear dimensions that must
mathematically close. The allowable error closure of any portion of a final plat shall be one (1)
foot in seventy-five hundred (7500) feet;
3. The location of monuments shall be shown and described on the final plat. Locations of such
monuments shall be shown in reference to existing official monuments on the nearest established
street lines, including true angles and distances to such reference points or monuments;
4. Locations of lots, streets, public highways, parks and other features, with accurate dimensions in
feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other
information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be
shown from all angle points of curve to lot lines;
5. Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown cle arly in the
center of the block;
6. The exact locations, widths, and names of all streets to be dedicated;
7. Location and width of all easements to be dedicated;
8. Name, address and registration number of the surveyor making the plat;
9. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow;
10. Statement dedicating all easements as follows: Easements for installation and maintenance of
utilities and drainage facilities are served over, under and along strips marked “utility
easements”;
11. Statement dedicating all streets and other public areas not previously dedicated as follows:
Streets and other public areas shown on this plat and not heretofore dedicated to public use are
hereby so dedicated.
2. Certification Requirements.
1. Certification by a registered surveyor in the form required by Section 505.03, Minnesota Statutes,
as amended;
2. Execution by all owners of any interest in the land or any lenders of a mortgage thereon of the
certificate required by Section 505.03, Minnesota Statutes, as amended, and where certificate
shall include a dedication of the utility easements and other public areas in such form as
approved by the City Council;
3. Certifications showing that all taxes currently due on the property to be su bdivided have been
paid in full;
4. An approval and review block to be filled in with the signature of the Mayor and City Clerk. The
form of this approval and review block is as follows:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 130
Approved by the City of Gem Lake, Ramsey County, Minnesota
This Day of
, 20
Signed:
Mayor
Attest:
City Clerk
11. Design Standards.
1. Blocks.
1. Block Length. In general, intersecting streets, determining block lengths, shall be provided at such
intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats
control, the blocks in residential subdivisions should not exceed one thousand eight hundred (1800) feet
nor be less than four hundred (400) feet in length, except where topography or other conditions justify a
departure from this maximum. In blocks longer than twelve hundred (1200) feet, pedestrian ways and/or
easements through the block may be required near the center of the block.
2. Block Width. The width of the block shall normally be sufficient to allow for two (2) tiers of lots of
appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered
most suitable for their respective use, including adequate space for off-street parking and deliveries.
2. Lots.
1. Area. The minimum lot area, width and depth shall not be less than that established by this Ordinance in
the appropriate Section in effect at the time of adoption of the Final Plat.
2. Corner lots. Corner lots for residential use shall have additional width to permit appropriate building
setback from both streets as required in this Ordinance.
3. Side lot lines. Other than for good reason, side lines of lots shall be approximately at right angles to street
lines or radial to curved street lines.
4. Frontage. Every lot must have minimum frontage on a City approved existing or platted street or road
other than an alley, as required in this Ordinance.
5. Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall
not be less than the setback required in this Ordinance.
6. Water courses. Lots abutting a water course, wetland, ponding area or stream shall have additional depth
and width, and other restrictions as required in this Ordinance.
7. Features. In the subdividing of land, due regard shall be shown for natural features, such as tree growth,
water courses, historic spots or similar conditions that if preserved will add attractiveness and stability to
the proposed development.
8. Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must
be added to adjacent lots rather than being allowed to remain as unusable parcels.
9. Political boundaries. No singular plat shall extend over a political boundary or school district line
without documented notification to affected units of government.
10. Frontage on two streets. Double frontage, or lots with frontage on two (2) roughly parallel streets, shall
be avoided except where lots back on an arterial street or highways, or where topographic or other
conditions render subdividing otherwise unreasonable. Such double -frontage lots shall have an additional
depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line.
11. Turn around egress. When proposed residential lots abut a collector or arterial street, they should be
platted in such a manner as to encourage turn around egress on each lot.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 131
3. Streets.
1. Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in
adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or
shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangements of
thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of
traffic, to topographical conditions, to run -off of storm water, to public convenience and safety and in
appropriate relation to proposed uses of the area to be served.
2. Local streets, authorized private ways and Dead-end streets. Local streets should be so planned as to
discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted
where topography or other physical conditions justify their use. Cul-de-sacs shall include a terminal turn-
around with a turn-around radius of not less than sixty (60) feet.
3. Alleys. Alleys are not permitted in subdivisions in the City of Gem Lake.
4. Street plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract
owned or intended for development by the subdivider, a tentative plan of a proposed future street system
for the unsubdivided/subdivided portion shall accompany the plat.
5. Temporary Cul-de-sac. In those instances where a street is terminated pending future extension in
conjunction with future subdivision, a temporary turn around facility shall be provided at the closed end.
6. Street Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as
possible at right angles, except where topography or other conditions justify variations. Under normal
conditions, the minimum angle of intersection of streets shall be eig hty (80) degrees. Street intersection
jogs with an offset of less than one hundred twenty five (125) feet shall be avoided.
7. Sidewalks. The Planning Commission, when it deems appropriate and necessary, may require that
sidewalks be provided on one or both sides of the paved surface, and shall prescribe the minimum width
of such sidewalks. In all cases where sidewalks are specified, they shall provide handicapped access.
8. Half streets. Dedication of half streets shall not be considered for approval except where it is essential to
the reasonable development of the subdivision and in conformity with the other requirements of these
regulations or where it will be practical to require dedication of the other half when the adjoining property
is subdivided.
9. Private Streets. Private streets existing as of the date of this Ordinance are permitted. Future private
streets are permitted, but only when approved by the City. The City may accept private streets as public
streets, but only when such streets have been upgraded to the standards set by this Ordinance.
10. Street Grades. The grades of all streets shall not be less than 0.3 percent and should not exceed the
following:
1. Collector Street Six (6%) percent
2. Minor Street Eight (8%) percent
11. Curb Radius. The minimum curb radii for thoroughfares, collector streets, local streets, and alleys shall
be as follows:
1. All Streets Ten (10') feet
12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions
accepted by the City Council.
13. Street Right-of-Way Width. For all public streets hereafter dedicated and accepted, the minimum right-
of-way widths of streets shall be as shown in the City of Gem Lake Comprehensive Municipal Plan and
where not shown therein, the minimum right-of-way width for streets, arterial highways or pedestrian
ways included in any subdivision shall not be less than the minimum dimensions for each classification as
follows:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 132
1. Principal Arterial Highway (As required by MNDOT);
2. Intermediate Arterial Highway 100 feet;
3. Minor Arterial Highway 80 feet;
4. Collector Street 70 feet;
5. Minor Street 60 feet;
6. Authorized Private Way 40 feet;
7. Private Driveway 33 feet;
8. Pedestrian Way 10 feet.
4. Easements.
1. Width and Location. Necessary easements of appropriate width for utilities (including extension of main
water and sewer lines) shall be provided (and shown on the plat), preferably along lot lines or as necessary
across lots.
2. Continuous Utility Easement Locations. Utility easements shall connect with easements established in
adjoining properties. These easements, when approved, shall not thereafter be changed without the
approval of the City Council.
3. Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of
turns. Where possible, lot lines shall be arranged to bisect the existing angle so that pole guys will fall
along-side lot lines.
5. Erosion and Sediment Control.
1. The development of this subdivision shall conform to the natural limitation presented by topography and
soil so as to create the least potential for soil erosion.
2. Erosion and siltation control measures shall be coordinated with the different stages of construction.
Appropriate control measures shall be installed prior to and maintained throughout development when
necessary to control erosion.
3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls
can be provided as construction progresses. The smallest practical area of land shall be exposed at any one
(1) period of time.
4. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the
development agreement.
5. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed
area. Topsoil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least
equal to the soil quality prior to development.
6. Natural vegetation shall be protected wherever practical.
7. Run-off water shall be diverted to a sediment basin before being allowed to enter the natural drainage
system.
8. The erosion and sediment control plan shall be subject to review and approval of the applicable Watershed
District and the City Engineer. The City may request a report from the Ramsey Soil and Water
Conservation District regarding soil erosion control measures. The City may require a soil erosion cash
deposit to guarantee erosion control measures are taken.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 133
6. Storm Drainage.
1. All subdivision designs shall incorporate adequate provisions for storm water run-off subject to review
and approval of the applicable Watershed District and the City Engineer.
2. The grade and drainage requirements for each plat shall be approved by the applicable Watershed District
and the City Engineer at the expense of the applicant for the subdivision. Every plat presented for final
signatures shall be accompanied by certifications by the City Engineer that the grade and drainage
requirements have been met. In an area not having municipal storm sewer trunks, the applicant shall be
responsible for providing a storm water disposal plan that will operate without damage to propertie s
outside the platted areas.
3. No plat shall be approved by the City Council before the storm water disposal plan is approved by both
the City Engineer and the Watershed District.
4. The use of dry wells for the purpose of storm water disposal is prohibited in the City of Gem Lake.
7. Protected Areas.
1. Where land proposed for subdivision is found to be environmentally sensitive by the City, due to the
existence of wetlands, drainage ways, water courses, floodable areas or steep slopes, the design of said
subdivisions shall clearly reflect all necessary measures of protection to insure against adverse
environmental impact.
2. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether
said protection will be accomplished through lot enlargement and redesign or dedication of these sensitive
areas in the form of outlots.
3. Measures of protection shall include design solutions that allow for construction and grading involving a
minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the
proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not
require construction of slopes over eighteen (18) percent or result in significant alteration in the natural
drainage system such that adverse impact cannot be continued within the plat boundary.
12. Required Basic Improvements.
1. General Provisions.
1. Before a Final Plat is returned to the subdivider by the City, the subdivider of the land covered by said plat
shall pay all fees required and execute and submit to the City Council a developer’s agreement that shall
be binding on his or their heirs or personal representatives. This agreement shall declare that the
subdivider will start no private construction on the lands within said plat, nor will the subdivider file or
cause to be filed any application for building permits for such construction until all improvements required
by this Ordinance have been made or arranged for in the manner and conforming to the requirements set
forth on the Final Plat.
2. Prior to the delivery of the approved Final Plat, the subdivider shall deposit with the City Treasurer an
amount equal to a minimum of one hundred twenty five (125%) percent of the City Engineer’s estimated
cost of the required improvements within the plat, either in a cash escrow fund, performance and
indemnity bond, or letter of credit. The surety involved in said financial guarantees shall be approved by
the City. The cash escrow, letter of credit or performance and indemnity bond shall be conditioned up on:
1. The making and installing of all of the improvements required by the terms and conditions set
forth by the City within one (1) year.
2. Satisfactory completion of the work the subdivider has agreed to in the developer’s agreement
referred to in Section 14.1.1.
3. The payment by the subdivider to the City of all expenses incurred by the City in connection with
this subdivision proposal, shall include not be limited to: expenses for engineering, fiscal, legal,
construction and administration. In instances where a cash escrow is submitted in lieu of a letter
of credit or performance and indemnity bond, there shall be a cash escrow agreement that shall
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 134
provide that in the event the required improvements are not completed in one year, all amounts
held under the cash escrow agreement shall be automatically turned over and delivered to the
City and applied by the City to the cost of completing the required improvements. If the funds
available within the said cash escrow agreement are not sufficient to complete the required
improvements, the necessary additional cost to the City shall be assessed against the subdivision.
Any balance remaining in the cash escrow fund after such improvements have been made and all
expenses therefore have been paid, shall be returned to the subdivider. In instances where a letter
of credit is used in lieu of a cash escrow or performance and indemnity bond, the said letter of
credit shall be in a form satisfactory to the City, and the terms thereof shall substantially comply
with all requirements as set forth in Minnesota Statutes as amended, which statutes relate to
Surety Bonds.
3. The City of Gem Lake shall where appropriate, require of a subdivider submission of a
Warranty/Maintenance Bond in the amount equal to the original cost of the improvements, which shall be
in force for one year following the final acceptance of any required improvements and shall guarantee
satisfactory performance of the said improvements.
4. Reproducible “as built drawings” as required by the City Engineer, shall be furnished to the City by the
subdivider giving details on all required improvements. Such “as built drawings” shall be certified to be
true and accurate by the registered engineer responsible for the installation of the improvements.
5. All the required improvements to be installed under the provisions of this Ordinance shall be approved by
and subject to the inspection of the City Engineer. All of the City’s expenses incurred as the result of the
required improvements shall be paid either directly, indirectly or by reimbursement to the City by the
subdivider.
2. Monuments for Final Plat.
1. Official monuments, as designated and adopted by the Ramsey County Surveyors Office and approved by
the Ramsey County District Court for use as judicial monuments, shall be set at each corner or angle on
the outside boundary of the Final Plat or in accordance with a plan as approved by the City Engineer. The
boundary line of the property to be included with the plat is to be fully dimensioned; all angles of the
boundary excepting the closing angle to be indicated; all monuments and surveyor’s irons to be in dicated,
each angle point or the boundary perimeter to be so monumented.
2. Pipes or steel rods shall be placed at each lot and at each intersection of street center lines. All United
States, State, County or other official bench marks, monuments or triangulation stations in or adjacent to
the property shall be preserved in the precise position they were and shall be recorded on the plat. All lot
and block dimensions shall be recorded on the plat and all necessary angles pertaining to the lots and
blocks shall be shown, as an aid to future surveys. No ditto marks will be permitted when indicating
dimensions.
3. To insure that all irons and monuments are correctly in place following the final grading of a plat, a
second monument shall be required. Proof of the second monumentation shall be in the form of a
surveyor’s certificate and this requirement shall additionally be a condition for the Certification of
Occupancy.
3. Street Improvements.
1. The full width of the right-of-way shall be graded, in accordance with the provisions for construction as
outlined in the section of this Ordinance, titled Design Standards.
2. All street shall be improved in accordance with the City of Gem Lake standards and specifications for
street construction or as required by the City Council.
3. All streets to be surfaced shall be of an overall width in accordance with the standards and specifications
for construction as approved by the City Council. The portions of the right -of-way outside the area
surfaced shall be sodded or riprapped by the developer if deemed necessary by the City.
4. Where required, curb and gutter shall be constructed in accordance with the standards and specifications
for street construction as set forth and approved by the City Council.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 135
4. Trees and Boulevard Sodding.
1. Where street trees do not exist, trees having a trunk diameter of not less than two (2) inches, measured
twelve (12)inches above the ground, shall be planted on both sides of all streets in the subdivision in
locations approved by the Planning Commission, but no more than sixty (60) feet apart. Trees of equal
standard shall be planted in the required front yards at an average minimum density of one (1) tree per
forty (40) feet of right-of-way.
2. Tree species shall be as approved by the Planning Commission and must survive one full growing season
or be replaced at the subdivider’s expense.
3. Boulevards shall be sodded as required by the Planning Commission in conformance with generally
accepted standards and specifications.
5. Street Signs, Lighting and Driveways.
1. Street signs, of suitable design approved by the City Council, shall be installed at each street intersection.
2. Driveway approaches and sidewalks of standard design or pedestrian pathways, as may be required by the
City Council, shall be installed.
3. Street lighting fixtures, as may be required and approved by the City Council, shall be installed.
6. Sanitary Sewer and Water Distribution Improvements.
1. Sanitary sewers and water facilities shall be installed in accordance with standards and specifications as
required by the City Council and subject to the approval of the City Engineer.
2. Where City sewer and water facilities are not available for extension into the proposed subdivision, the
Council may permit the use of individual water and sewer systems in accordance with all appropriate state
and local regulations.
7. Public Utilities.
1. All new electric distribution lines (excluding main line feeders and high voltage transmission lines),
telephone service lines, Cable TV and other services constructed within the confines of and providing
service to customers in a newly platted residential area shall be buried underground, unless the City
Council specifically shall find, after study and recommendation of the Planning Commission that:
1. The placing of utilities underground would not be compatible with the development planned;
2. Topographical, soil or any other conditions make underground installation unreasonable or
impractical.
2. Where telephone, Cable TV, electric and/or gas service lines are to be placed underground entirely,
conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not
to conflict with other underground services.
3. All drainage and other underground utility installations that cross privately owned property shall be
protected by easements.
4. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on
overhead poles. The Planning Commission may recommend, and the City Council require, that the type of
overhead pole used be of a quality and durab ility aesthetically in conformance with the nature of the
residential development.
5. The subdivider is responsible for complying with the requirements of this section, and shall submit to the
Zoning Administrator a written record from the utilities showing that the necessary arrangements with the
utility involved for installation of said facilities have been made.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 136
8. Election of City Hall to Install Improvements.
1. In accordance with the policy of the City of Gem Lake, it is the subdivider’s responsibility to install all
required improvements except that the City reserves the right to elect to install all or any part of the
improvements required under the provisions of this Ordinance in lieu of requiring the subdivider to install
such improvements.
9. Railroad Crossings.
1. No street dedications will be accepted that require a crossing of a railroad right -of-way unless sufficient
land, as determined by the City Council, is dedicated to insure a safe view.
13. Variances from This Section.
1. The City Council may grant a variance in any particular case where the applicant can show that by reason of
exceptional topography or other physical conditions the strict compliance to this section could cause an exceptional
and undue hardship on the enjoyment of substantial property right. Such relief may be granted provided there is no
detriment to the public welfare and no impairment of intended purpose of this section.
2. An application for any such Variance shall be made on an official application form available from the Zoning
Administrator and shall be submitted at the same time as the Preliminary Plan is filed for consideration. Such
application shall be accompanied by the required fee(s). Such application shall state fully all facts relied upon by
the applicant and shall be supplemented with maps, plans or additional data that will aid the City in the analysis of
the proposed project.
3. Upon receiving such application, the Zoning Administrator shall refer the application, along with all related
information, to the Planning Commission for consideration at a duly convened public hearing, a report and
recommendation to be sent to the City Council.
4. The applicant or a representative of the applicant shall appear before the Planning Commission at its next regular
meeting in order to answer questions concerning the proposed Variance.
5. The Planning Commission shall have the authority to request additional information from the applicant concerning
the Variance or to retain expert testimony with the consent and at the expense of the applicant concerning said
Variance, where said information is declared necessary to insure preservation or health, safety and general welfare.
6. The Planning Commission shall make a finding of fact and recommend to the City Council in writing such actions
or conditions relating to the request as it may deem necessary to carry out the intent and the purpose of this section
and shall do so in a timely manner that allows the City Council to take action within the time limits established by
law.
7. If the report of the Planning Commission has not been received so as to provide for compliance with time limits
established by law, the City Council may act without such a report.
8. Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the
matter on the agenda for the next regular meeting. The Council shall within the time limits established by law make
a written finding of fact and impose any conditions it considers necessary to protect the public health, safety and
welfare. A Variance to this Ordinance shall require a four/fifths (4/5ths) vote of the full City Council. The Zoning
Administrator shall promptly notify the applicant of the Council’s decision in writing.
14. Violations and Penalty.
1. Sale of Lots from Unrecorded Plats.
1. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in
conformity with any plan, plat or replat of any subdivision or area located with the jurisdiction of this
Ordinance unless said plan, plat or replat shall have first been recorded in the Office of the Recorder of
Ramsey County.
2. Misrepresentation as to Construction, Supervision or Inspection of Improvements.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 137
1. It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within
the City of Gem Lake to represent that any improvements upon any of the streets, or avenues of said
addition or subdivision or any sewer or water syst em in said addition or subdivision has been constructed
according to the plans and specifications approved by the City Council, or has been supervised or
inspected by the City, when such improvements have not been so constructed, supervised or inspected.
3. Penalty.
1. Any person who violates any of the provisions of this Code shall, upon conviction thereof, be fined not
more than the maximum penalty for a misdemeanor prescribed under State Law. Each day that a violation
is permitted to exist shall constitute a separate offense.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 138
SECTION 26. LANDSCAPING
1. Purpose. The purpose of this Section is to clearly express the City of Gem Lake’s intent for all properties in the City to be
landscaped and to have the landscaping maintained with care. Properties shall be landscaped to improve the environmental
performance of all properties in the City as well as to meet the aesthetic needs of the general public.
1. Landscaping Goals. All landscaping must be designed to protect, preserve, and promote the aesthetic appeal and
overall value of the property. The quantity and quality of the landscape design should be compatible with the
described use for each parcel in a zoning area and the intended use of the property. The preservation of desirable
vegetation is a goal which should be addressed prior to any new construction, land filling, land changes or
expansion of existing use areas.
2. Landscape standards. The landscape standards set forth in the Ordinance will promote harmonious development
in the City, increase the desirability of residences, encourage investment or occupation in the City, optimize use
and value of land and improvements, increase the stab ility and value of property, and add to the conditions
affecting the peace, health and welfare of the City.
Landscaping standards are essential to ensure compatible relationships between land uses within a community. All
uses allowed as either permitted or conditional uses within the City’s various zoning areas shall conform to the
following general provisions and performance standards.
3. Landscaping Maintenance. It is also important that all landscaped areas shall be properly maintained. Minimum
maintenance standards for all landscaped areas are described in Section 18 of this Ordinance.
2. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance.
3. Landscaping Requirements for New Construction in Residential Districts.
1. Where to Install Landscaping. All front yards, boulevards and side yards of a residential structure in any zoning
area in the City shall have sod or landscaping with mulch cover properly installed. This installation shall occur
within sixty (60) days after the home is constructed upon the lot, but no later than two hundred forty (240) days
after first grading, excavating, or otherwise disturbing the land in furtherance of construction. If home construction
is completed after the end of growing season, such landscaping shall be installed within sixty (60) days of the start
of the next growing season. In rear yards, grass or mulch cover is still required, but the requirement may be met by
seeding or other measures reasonably expected to provide a grassy area in lieu of installing sod. Silt fences and
other methods to prevent soil erosion, as described in the Zoning Ordinance, shall be installed and maintained on
any remaining portions of the lot that are not sodded or properly landscaped until a stable ground c over is
established.
All areas disturbed by grading which surround the principal building and accessory buildings which are not
driveways, sidewalks or patios shall be landscaped with grass, shrubs, trees or other ornamental landscape
materials.
2. Trees to be Planted. Three (3) new trees per acre shall be installed concurrently with sodding and seeding of the
required yards. At least one (1) overstory tree and either one (1) ornamental tree or coniferous/evergreen tree is
required for each lot. Each acre may have two (2) overstory trees as long as they are not of identical species.
Existing significant trees that are retained on each lot may be used as a credit in lieu of planting new trees, but each
acre must have at least two (2) trees.
3. Landscaping Required After Land Filling or Reclamation. If land filling or land reclamation is done in a
residential area, the requirements of Section 16.15 for landscaping following construction shall be followed, using
the date of permit expiration in place of the date of construction completion .
4. Landscaping Requirements for New Construction in Non-Residential Districts.
1. Where landscaping is necessary. For all non-residential districts, at least twenty five percent (25%) of the land
area shall be landscaped with grass, approved ground cover, shrubbery and trees. All front yards, boulevards and
side yards around a structure in all non-residential districts in the City shall have sod or landscaping with mulch
cover properly installed. This installation shall occur within sixty (60) days after the structure is constructed upon
the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing the
land in furtherance of construction. If construction is completed after the end of growing season, such landscaping
shall be installed within sixty (60) days of the start of the next growing season. All areas around the structure must
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 139
be finished, but seeding of large areas around the structures is allowed in lieu of sod placement. Silt fences and
other methods to prevent soil erosion shall be installed and maintained on the remaining portions of the lot that are
not sodded or properly landscaped until a stable ground cover is established.
2. Parking Area Landscaping. Any parking areas in a non-residential zone that contain one hundred (100) parking
stalls or less shall include at least one unpaved landscaped island along the driving aisles that serve as primary
circulation to the site. In addition, at least one landscaped island shall be provided for every two hundred and
twenty five (225) feet of contiguous parking stalls.
All parking areas containing over one hundred (100) parking stalls shall include unpaved landscaped islands for
every two hundred and twenty-five (225) feet of contiguous parking stalls. The islands shall be distributed evenly
throughout the planned parking area space and be positioned in a way to promote effective traffic flow through the
parking area.
All landscaped islands in parking areas shall contain a minimum of one hundred and eighty (180) square feet of
area and shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch
and/or shrubbery in addition to then minimum landscape requirements of this Ordinance. Interior parking landscape
area trees shall be provided at the rate of one (1) tree for each fifteen (15) surface parking spaces provided or a
fraction thereof. Parking area landscaping shall be contained in planting beds bordered by a raised concrete curb or
equivalent approved by the Planning Commission.
3. Landscaping required in land filling or reclamation. If land filling or land reclamation is done in a non-
residential area, the requirements of 16.15.1 for landscaping following construction shall be followed, using the
date of permit expiration in place of the date of construction completion.
4. Minimum Standards in non-residential districts. In order to achieve landscaping which is appropriate in scale
with the size of the building and site, these minimum standards shall apply to all non-residential districts:
1. One (1) tree for every one thousand (1,000) square feet of total building floor area, or one (1) tree for
every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty percent (30%) of the
trees required shall be coniferous.
2. One (1) ornamental tree may be substituted for every 0.6 overstory deciduous shade tree. In no case shall
ornamental trees exceed fifty percent (50%) of the required number of trees.
3. One (1) large shrub for every three hundred (300) square feet of building or for every thirty (30) feet of
site perimeter, whichever is greater.
5. Credit for Existing Trees. The total number of new overstory trees required on a property may be reduced by the
retention of existing overstory trees, provided that the following conditions are satisfied:
1. The trees fulfill the minimum requirements of section 27 of this Ordinance as to size and species. The City
Forester shall recommend to the Planning Commission the amount of credit for such existing trees based
upon their location and distribution in the lot.
2. Proper precautions to protect trees during building development shall be indicated on site grading pl ans
submitted for plan review. The landscape performance security shall include provisions to ensure that
these precautions are followed.
6. Irrigation System Required. As a non-residential area is developed, an underground irrigation system shall be
required in all landscaped areas.
5. General Requirements for All Districts.
1. Trees and Shrubs. The following nursery stock sizes shall be required at the time of planting. All measurements
shall conform to the standards set forth in the current edition of the USA Standards for Nursery Stock. Larger
plants may be used or specified at any time.
Overstory Trees 2-1/2 inches in diameter
Ornamental Trees 1-1/2 inches in diameter
Evergreen Trees 6 feet tall
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 140
Large Shrubs 36 inches tall
Medium Shrubs 24 inches tall
Small Shrubs 12 inches tall
Evergreen Shrubs 24 inches in diameter
Upright Evergreen Shrubs 36 inches tall
Trunk diameter shall be measured six (6) inches above the ground level for four (4) inch or less caliper trees and
measured twelve (12) inches above the ground for four (4) inch caliper or larger trees.
2. Topsoil and Planting Soil. When topsoil or planting soil is required for landscaping, the soil shall have a pH range
of 5.00 to 8.00, unless otherwise specified. All soil shall be free of sticks, stones and other debris.
3. Planting Schedule. All landscaping plans shall contain a planting schedule which identified all plants proposed to
be installed, along with existing plants. Plants shall be identified by a planting schedule which includes:
1. Quantity to be installed;
2. Common name;
3. Botanical name;
4. Plant size;
5. Root type (B & B, container, bare root)
4. Location of Plants. No plants, except flowers, ground cover or vines, shall be placed within two (2) feet of any
building, driveway or parking area unless specifically noted and approved on the landscape plan.
5. Installation of Trees. The property owner shall be responsible for keeping new trees in a plumb position. When
staking or guying is required, it shall occur so as not to create any h azards or unsightly obstacles. All wires shall be
encased in hose to prevent tree damage.
6. Native Landscapes.
1. Native Landscape Alternative. A native landscape alternative to the requirements of this Ordinance is allowed in
all zoning districts. Landscape plans, or portions thereof, approved as “native” are exempt from the other
requirements of this Ordinance. An applicant proposing a “native landscape” shall submit a landscape plan
depicting the current state of the natural area, its location on the property, and where any restoration of native area
will be done. The plan must describe all features which make the planned restoration or retention of the area
“native” as opposed to simply undisturbed. The plan shall also show fire breaks between the planting area and any
structure.
2. Approval. A “native landscape” plan for restoration shall be approved if the proposed “native” area is composed of
at least 80% native grasses and forbs, native plants, or a combination thereof. A plan proposing to preserve or leave
undisturbed an area of the property may be approved as “native” landscaping if the specified area is composed of at
least 50% native grasses and forbs, native plants, or a combination thereof.
3. Maintenance of Native Landscaping. Once approved, native grass areas shall be maintained in a neat and orderly
manner without any noxious weeds, and mowed at least once per year.
7. Landscaping of Existing Uses. Existing uses shall comply with the landscaping requirements listed in Sections 26.5 and
26.6 of this Ordinance at the time any alterations are made on the buildings and premises.
8. Screening Requirements in Non-Residential Districts.
1. Parking Area Screening. Any off street parking area containing more than six (6) parking spaces, any part of
which is within thirty (30) feet of an adjoining residence or residential area or across the street from any residence
or residential area, and any driveway to a parking area containing at least six (6) spaces within fifteen (15) feet of
an adjoining residential zone shall be completely screened to a height of at least three and one -half (3-1/2) feet
above the parking grade. Such screening shall be accomplished through the use of earth berming, plant materials,
or a combination of both, but not walls or fencing.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 141
2. Trash areas and Accessory Structures. In all non-residential districts, all trash and trash handling equipment
shall be stored within the principal structure, within an attached structure accessible from within the principal
structure, or totally screened from eye level view from public street s and adjacent residential or non-residential
zoned properties. If accessory structures are proposed, they shall be constructed of the same building materials as
the principal structure and be readily served through swinging doors. Design shall be approved by the Fire
Department.
3. Mechanical utilities screening. The ground level view of all mechanical utilities including roof top equipment
shall be completely screened from contiguous properties and adjacent street, or designed to be compatible with the
architectural treatment of the principal structure.
4. Loading and service area screening. The external loading and service areas accessory to buildings shall be
completely screened from the ground level view from contiguous residential or non -residential properties and
adjacent streets, except at access points.
9. Additional Screening Requirements.
1. Residential districts. In all residential districts, all waste material, debris, refuse, garbage, fuel or materials not
currently in use for construction shall be stored indoors or totally screened from the eye level view from public
streets and adjacent properties.
2. All zoning districts. In all zoning districts, mechanical equipment, utility meters, storage, service area and similar
features shall be completely screened from the eye level view from adjacent properties and public streets, or
designed to be compatible with the architectural treatment of the principal structure.
10. Screening Methods.
1. Screening Wall or Fence. A fence or wall may be used for screening when plant materials are provided along the
outside of the fence or wall.
2. Earth Berms. An earth berm shall be allowed for screening, when used in combination with plant material. A
minimum of twenty five percent (25%) of the required screening must be provided by the plant material.
Final slopes on berms steeper than 3:1 will not be permitted without special approval or treatment such as terracing
or retaining walls.
Earth berms used to screen parking lots and other open areas shall be of sufficient height to achieve screening but
not to have slopes exceeding 3:1. A minimum of a two (2) foot berm is required.
3. Planting Screens. All required screening or buffering shall be located on the lot occupied by the use, building,
facility or structures to be screened. No screening or buffering shall be located on any public right -of-way or within
eight (8) feet of the traveled portion of any street or highway.
A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum
year round opaqueness of eight percent (80%) at the time of maturity. The plant material shall be of sufficient
height to achieve the required screening.
Composition of plant material for screening shall be composed of these minimum standards:
1. Not less than thirty-three percent (33%) coniferous
2. Not less than twenty-five percent (25%) deciduous
3. Not more than thirty-five percent (35%) shrubs
4. Not more than forty-five percent (45%) of one species
Planting screens shall be maintained in a neat and healthy condition. Plants which have died shall be promptly
replaced.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 142
11. Landscaping Plans.
1. Content of Plans. A landscaping plan for any construction or land disturbance site shall be indicated either on the
site plan and building plan, or on a separate to-scale plan drawing. The landscape plan shall address the matters
raised by Sections 26.5 and 26.6, as well as visually depicting conformance with the performan ce standards of this
Ordinance. Where streetscape plans or other landscape guidance from the Zoning Ordinance are applicable to the
proposal, the landscape plan shall incorporate and visually depict compliance with those standards. When a
landscaping plan is required by this Ordinance, the applicant shall submit a number of copies equal to the number
of copies of site plans required for the permit or authorization (e.g. CUP, building permit) sought.
2. Submission - residential districts. If the construction is proposed as part of a subdivision, planned unit
development, or other application requiring Planning Commission review, the landscape plan shall be submitted
with the applicant’s other materials for the permit or other entitlement. In other cases, the City’s building official
shall ensure that such a plan exists before issuing a building permit.
3. Submission - non-residential districts. In non-residential districts, a detailed landscaping site plan shall be
submitted to the Planning Commission by the subdivider, developer, builder or property owner as part of the
application for zoning entitlement or other permit. This plan must be approved at the same time as the site plan and
building plan and the landscaping plan must be approved before any building, demolition, grading or filling permit
is issued and construction is started. In cases where Planning Commission review is not required to issue a building
permit, such as additions to or remodeling of existing structures, the City’s building official shall ensure that such a
plan exists before issuing a building permit.
4. Land filling or reclamation. Each request for a land filling or land reclamation permit in all zoning districts shall
also include a landscaping plan. This plan shall be approved by the Planning Commission before a filling permit is
issued and filling is started.
12. Performance Surety for Landscaping in Non-Residential Districts.
1. Requirements. All landscape plans for construction in a non-residential district shall be accompanied by an owner
supplied performance security which shall provide the City with cash, corporate surety bond, approved letter of
credit or other surety satisfactory to the City to guarantee the proper installation and vigorous growth of all
landscape elements and screening required.
2. Time period surety to remain in effect. Said surety shall remain in effect for two (2) full growing seasons. The
first year the amount of the surety shall be equal to one hundred ten percent (110%) of the estimated costs of plant
material, installation and tree preservation. The second year the surety shall be reduced to equal twenty-five percent
(25%) of the estimated costs of plant material, installation and tree preservation.
3. Requirements for lots with irrigation systems. Lots or sites provided with an irrigation system covering one
hundred percent (100%) of the area improved with landscaping need only provide surety for one (1) full growing
season.
13. Maintenance of Landscaping in All Districts.
1. Responsibility for replacing dead materials. The property owner shall be responsible for replacement of any
dead trees, shrubs, ground covers and soddin g shown on a landscaping plan. If any of these plant materials are not
maintained or replaced, said plant materials will be replaced by the City and the cost thereof will be taken from any
posted surety or, if a surety does not cover all costs, assessed to the property. In residential districts the City’s
replacement costs will be assessed to the property.
2. Responsibility for maintenance. The property owner shall be responsible for maintaining the landscaping on
every lot and parcel in the City in good condition. Every occupied and unoccupied lot and parcel shall be
maintained to limit the growth of weeds or poisonous or harmful vegetation. Weeds shall include all weeds, grass,
brush, wildings, second growth, rank vegetation or other vegetation that is not growing in its proper place, having a
greater height of ten (10) inches or spread more than ten (10) inches. Grass must be mowed and shall not be
allowed to grow more than ten (10) inches. Moving shall occur only between the hours of 8:30 a.m. and 8:30 p.m.
Every property owner shall keep all yard spaces around a residence or non-residential in a manner such that the
appearance will not detract from the neighborhood
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 143
Vegetation blocking visibility on corners or along the edge of roads or street and unreasonably impeding the view
of motor vehicles traveling along public roadways is expressly forbidden and vegetation that grows to cause this
problem must be trimmed or removed.
14. Penalty. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.
Upon conviction thereof, may be punished in accordance with the statutory penalties assigned to misdemeanor offenses, as
those may be changed from time to time. The costs of prosecution may also be added.
15. Severability. It is the intention of the City Council that several provisions of this Section are severable. If any Court of
competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall
not affect any other provisions of this Section not specifically included in such judgment.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 144
SECTION 27. TREE PRESERVATION
1. Purpose.
1. The purpose of this Section is to preserve and protect the unique natural environment of the City of Gem Lake and
provide for minimal tree loss and mitigation of tree removal in wooded areas of the City. It also provides for
protection of natural barriers provided by trees or shrubs along the borders of our city, along major roads and
between differing land uses.
2. Tree cover and natural barriers are beneficial in terms of aesthetics, screening, cooling, wildlife habitat protection,
watershed control, air quality enhancements, erosion control and preservation and enhancement of property values.
Land alteration that causes destruction of trees or shrubs diminishes and impairs the public health, safety and
general welfare. The intention of this Section is to provide regulations relating to the cutting and removal of trees in
areas where the natural vegetation or topography are to be altered.
2. Severability.
1. It is the intention of the City Council that the several provisions of this Section are severable and that if any court
of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such
judgment shall not affect any other provisions or this Section not specifically included in such judgment.
3. Interaction between This Section and Other Sections.
1. In the event of conflicting requirements imposed by this Section or by other Ordinances of the City of Gem Lake,
the more restrictive provisions shall apply.
4. Wording of This Section.
1. Words used in the present tense include the past and future tense; the singular includes the plural; and the plural
includes the singular. The word "shall" is mandatory and the "may" is permissive. The masculine gender includes
the feminine.
5. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance.
6. Protection Standards.
1. No land alteration shall occur until the City finds that the planned land alteration complies with the following:
1. Maximum Possible Preservation. All land alteration shall be conducted so that the maximum amount of
woodland and natural screening and barriers are preserved by the clustering of structures wherever
possible, or by the use of other appropriate methods. Measures shall be taken to protect and preserve all
trees and shrubs in the preservation area as described.
2. Protection of Root Zones. Grading, contouring, paving and any excavation or trenching shall not
detrimentally affect the aeration or permeability of the root zone in the preservation area.
7. Data Submission.
1. The applicant shall submit data to the City, at the time of a preliminary plat submission or whenever land alteration
(as described in this Ordinance) is planned, that outlines the conformance to this Ordinance. This submission shall
include:
1. The name and address of the person preparing the plan and applying for a permit to do this alteration; and
2. The name and address of the person who owns the land that is to be altered; and
3. The estimated period of time within which this land alteration will be conducted; and
4. A topographical map of the land on which the proposed land alteration is to occur having a scale of one
inch equals 100 feet and showing the ground elevation contours at two foot intervals. The map shall also
show:
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 145
1. The land as it exists prior to the proposed land alteration including, a minimum one -hundred
(100') feet of the abutting properties; and
2. The proposed ground elevation contours at 2 foot intervals on the land when the propo sed land
alteration is complete; and
3. A re-grading, drainage and planting plan, if appropriate.
2. A statement relating to the proposed use of the land including the type of building or structure situated thereon or to
be constructed, and
3. A tree inventory, certified by a registered land surveyor, landscape architect or forester depicting the size, species,
condition and location of each significant tree by species, diameter and condition, and
4. Identification of significant trees that will be lost due to the proposed land alteration and those which will be
preserved, and
5. Identification of all significant trees within 30 feet of the grading limit, and
6. Identification of all natural barriers of trees or shrubs.
8. Removal Thresholds.
1. Although the applicant must retain the maximum amount of woodland possible, the City recognizes that a certain
amount of significant trees and tree cover removal is an inevitable consequence of the urban development process.
2. Therefore, in the following Zoning areas or Zoning Districts listed in Column I, a percentage of the woodland may
be removed without any obligation for reforestation, but only up to and including the threshold percentage of
Woodland listed in Column II. If the land alteration results in woodland removal that exceeds the percentage listed
in Column II, then the applicant shall be responsible to replace the trees in accordance w ith Section 27.9 of this
Ordinance.
3. Natural borders may not be removed or altered without the written permission of the City.
4. Intensive vegetation clearance within the shore land area and on steep slopes is prohibited.
5. Table of Zoning District and Tree Removal Threshold :
Tree removal in excess of the thresholds shown requires Planning Commission and City Council approval and
reforestation.
Column I
Zoning Area or District
Column II
Removal Threshold
Single Family Estate – RE – Residential 25%
Single Family Executive – RX – Residential 25%
Single Family (1 acre) – RO – Residential 25%
Single Family – RS – Residential 25%
Gateway – G – Commercial 25%
Open Space / Recreational Overlay – OS / R 10%
Shore Land – All Districts 10%
Natural Barrier – All Districts 0%
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 146
9. Reforestation.
1. Tree Removal beyond the Removal Threshold.
1. If the land alteration results in tree removal beyond the tree removal thresho ld in Section 27.8 of this
Ordinance, or as defined in Section 27.6 of this Ordinance, or a natural barrier is to be altered or removed,
the applicant shall be required to submit a reforestation plan. The reforestation plan must be submitted and
approved by the City Forester prior to final plat approval, if a subdivision is being done, or before the
work of land alteration is begun. The reforestation plan shall include:
1. Location of proposed reforestation, and
1. Species and size of proposed plantings, and
2. Quantity of proposed plantings.
2. Reforestation Plan.
1. The reforestation plan shall comply with the following criteria:
1. Tree replacement will be predicated on the total number of diameter inches of significant trees
removed beyond the threshold limits.
2. Actual replacement quantities shall be adjusted based on the type of trees removed in accordance
with the following guidelines:
1. Class A - Conifer or Softwood- predominantly Poplar, Box Elder, Cottonwood, Aspen
and Conifers: 75 %
2. Class B - Mixed Hardwoods - predominantly species other than Oak including, but not
limited to, Cherry, Birch, Walnut, Elm, Ironwood, Maple, Basswood, Ash: 100 %
3. Class C - Hardwood - Predominantly mature Oaks: 125%
3. Where Trees are to be Located.
1. Trees to be provided as part of a reforestation plan shall be located adjacent to the development or
proposed structures in areas such as yard setbacks, on outlots or common areas, at the project entrance
area, in buffer zones between different land uses or roads, or at other locations as directed by the City.
Reforestation shall occur in such a way as to replace trees removed with desirable trees of the same or
similar species and/or densities. These trees must be planted based on the frequency and density as
determined by the City Forester.
4. Sizes and Type of Replacement Trees.
1. Replacement trees must be no less than the following sizes:
1. Deciduous trees:
1. No less than two and one-half (2½") inches in diameter on steep slopes, or
2. No less than three (3") inches on all other grades.
2. Coniferous trees:
1. No less than six (6') feet high on steep slopes, or
2. No less than seven (7') feet high on all other grades.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 147
10. Construction Damage to Significant Trees in or Near the Preservation Area.
1. Significant trees which are within thirty (30) feet of the proposed grading limit shall be surveyed by the applicant.
Any significant tree that the applicant commits to preserve that is subsequently damaged, during or as the result of
construction, shall be replaced by the applicant on a one for one diameter inch basis.
11. Agreement to Replace Trees.
1. The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in connection
with which trees are required to be replaced by the provisions in this Ordinance, shall enter into such written
agreements or arrangements with the City of Gem Lake in such form and substance as shall be approved by the
City, whereby the applicant shall undertake to comply with the provisions and conditions imposed by this
Ordinance and in connection with any such approval or issuance of a per mit and shall further provide that the
applicant shall indemnify the City against any loss, cost or expense, including an amount as and for reasonable
attorneys' fees incurred in enforcing the terms of such agreement or agreements; and
2. Provide security for the performance of its obligations pursuant to such agreement or agreements. The security may
consist of a bond, letter of credit, cash, or escrow deposit, all in such form and substance as shall be approved by
the City.
1. The amount of this security shall be $ 1,000 or 150% of the estimated cost to furnish and plant the
replacement trees (estimated cost) whichever is greater. The estimated cost shall be at least as much as the
reasonable amount charged by nurseries for furn ishing and planting of replacement trees. The estimated
cost shall be subject to approval by the City, and in the event the estimated cost is not approved, the City
shall have the right, in its sole discretion, to determine the escrow amount.
12. Collector and Arterial Roads and Trunk and Lateral Utility Construction .
1. When This Section Applies. This section shall only apply to collector and arterial road and trunk and lateral utility
construction projects. All interior roads and utility services will be required to adhere to applicable zoning district
thresholds.
2. Road and Utility Construction. Significant trees shall not be destroyed or removed within the right -of-way unless
such destruction or removal is absolutely necessary because of engineering, safety, sight distances, or maintenance
requirements and acceptable alternate means of construction or alternate routes are not possible. Such reasons must
be submitted for review by the City.
3. Reforestation. If the road or utility construction destroys or removes fifty (50%) percent or less of the significant
trees or tree cover in the right-of-way, then the person or entity conducting the construction shall not be responsible
for reforestation. If, however, more than fifty (50%) percent of the significant trees or tree cover within the
easement or right-of-way are destroyed or removed, the person conducting the construction shall be responsible for
the following:
1. Filing a landscape bond pursuant to Section 27.11; and
2. Replacement of trees that exceed the fifty (50%) percent threshold shall be in accordance with Section
27.9 of this Ordinance. The replacement trees shall be planted on the adjoining setback areas, assuming
the adjoining landowners consent. Otherwise, the replacement trees shall be planted at locations as
determined by the City.
13. Exceptions to This Ordinance.
1. The requirements of this Ordinance shall not apply to the removal of trees which are dead, diseased, seriously
damaged by storm, or other acts of nature.
14. Tree Replacement.
1. Replacement trees shall be planted not later than 12 months after the date the land alteration has commenced. If the
applicant is prevented from performing within this time limit, because of unforeseen circumstances beyond the
applicant’s control, the City Forester may extend the time for performance. The applicant shall inform the City
Forester when all replacement trees have been planted, at which time the City Forester shall inspect the site.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 148
2. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statues Section 18.46 or other
trees ("wilding trees") so long as the wilding trees comply with the following standards. A wilding tree measured in
diameter inches shall not exceed the maximum height as shown below:
3.
Table 27.14.3
Diameter of Tree in Inches Maximum Height of Trees in Feet
Two (2.0”) Inches Eighteen (18’) Feet
Two and One-Half (2.5”) Inches Eighteen (18’) Feet
Three (3.0”) Inches Twenty (20’) Feet
Three and One-Half (3.5”) Inches Twenty (20’) Feet
Four (4.0”) Inches Twenty-Four (24’) Feet
Five (5.0”) Inches Twenty-Eight (28’) Feet
4. The lowest branch of a wilding tree shall be at a height above the surface of the ground not more than one -half of
the total height of the tree. (Example, a 16 foot tree must have a branch within 8 feet of the surface of the
surrounding ground.)
5. Trees planted in place of missing, dead or un-healthy replacement trees shall consist of only "certified nursery
stock" as defined by Minnesota Statues, Section 18.46.
15. Release and Retention of Performance Security.
1. Release of Performance Security.
1. The performance security shall remain in effect for not less than one (1) year after the date that the last
replacement tree has been planted. The City may release the performance security at that time unless the
City Forester, upon inspection, finds that any of the replacement trees have died or are unhealthy, or if
there was any encroachment upon the protective fencing surrounding any tree to be saved.
2. If the applicant supplies proof of a nursery guarantee which is approved by the City Forester, then the
performance security posted by the applicant shall be released upon planting of the last guaranteed tree.
The nursery guarantee shall remove liability f rom the applicant and responsibility will be placed upon the
nursery or current land owner.
2. Retention of All or Portion of Performance Security. The City may retain the portion of the performance
security equal to the cost of removing dead or unhealthy trees and replanting replacement trees.
16. Penalty.
1. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor,
and prosecuted and upon conviction thereof, shall be punished by a fine established in the City of Gem Lake fee
schedule, as amended, or by imprisonment not to exceed ninety (90) days, or both. T he costs of prosecution may
also be added.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 149
SECTION 28. ENVIRONMENTAL REVIEW
1. State Law Adopted.
1. The City of Gem Lake hereby adopts the provisions of Minnesota Statutes, § 116D.04 and 116D.045, and
Minnesota Rules Chapter 4410, as those laws and rules may be amended or altered from time to time, and makes
those provisions a part of this section as if fully set out herein.
2. Applications.
1. The provisions of this section shall apply to all land use applications submitted to the City, including but not
limited to zoning amendments, planned unit development applications, subdivision applications, shoreland and
wetland permits, variances, conditional use permits, and nonconforming use permits. The intent of this ordinance is
to standardize the City’s process for determining when to require review by Environmental Assessment Worksheet
(“EAW”) or Environmental Impact Statement (“EIS”).
3. Determination of Need for Environmental Review.
1. The City Planner shall be the person responsible for the administration of this section, and the rules adopted by
reference by this section.
2. The City Planner shall be responsible for determining whether an action for which a permit is required is an action
for which an EAW is mandatory under Minn. R. 4410.4300 and/or an EIS is mandatory under Minn. R. 4410.4400.
The planner shall also determine those proposed actions for which a discretionary EAW may be required under
Minn. R. 4410.1000, Subp. 3, and shall notify the Planning Commission and the City Council of these proposed
actions.
3. If the City Planner identifies a proposal as potentially requiring a discretionary EAW, or if the City receives a
petition for EAW determination from the Environmental Quality Board, the decision to require an EAW must be
made by the City Council. The planner’s notice or EQB petition shall be referred to the Planning Commission,
which shall make a recommendation to the City Council. The City Council’s decision on whether or not to require
an EAW shall take place no later than 30 days from receipt of the pla nner’s notice or petition from the EQB. Notice
of the council’s decision shall be sent to the proposer within five (5) days of the decision. Copies of this notice
shall also be sent to the EQB and petitioners’ representative if the determination was triggered by a citizen petition.
4. If the City Planner identifies a proposal as requiring mandatory environmental review, the planner may require that
review process to begin immediately.
4. Procedures on Determination that EAW is Required.
1. If an EAW is required, the proposer of the project shall submit an “Application for Environmental Review” along
with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to
reimburse the City prior to the issuance of any permits for all reasonable costs, including legal and consultants’
fees, incurred in preparation and review of the EAW. The proposer shall make a deposit of five thousand dollars
($5,000.00) with the City Treasurer to be held in escrow for the payment of these costs. Any unexpended funds
remaining after final consideration of the EAW by the City Council shall be returned to the proposer within thirty
(30) days of the Council’s decision.
2. The City Planner shall promptly review the application for completeness and accuracy. If the city planner
determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the
missing data. If the city planner determines that the submittal is complete, the proposer shall be notified of the
acceptance of the submittal within five days. The City shall have 30 days from notification to add supplementary
material to the EAW, if necessary, and to approve the EAW for d istribution.
3. Upon completion of the EAW for distribution by the city planner, the City Clerk shall provide mailed notice of the
availability of the EAW and date of the meeting at which the Planning Commission will consider the matter to all
property owners within at least seven hundred and fifty (750) feet of the boundaries of the property which is the
subject of the EAW. Said notice shall be mailed at minimum ten (10) days before the date of the Planning
Commission meeting during which the EAW will be considered. Failure of a property owner to receive notice shall
not invalidate any such proceedings on the EAW or the underlying land use proposal.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 150
4. The City Clerk shall also send the notices, copies and other material required by Minn. R. 4410.1500 within five
(5) days of the planner’s approval of the EAW.
5. The City Clerk shall receive and collect all written comments on an EAW submitted during the 30 -day EAW
review and comment period. The planning commission and city council may take public comment on the EAW
during the 30-day period, provided that notice of the comment time is published and mailed to the proposer at least
ten (10) days prior to the date the commission or council plans to take public comment.
6. When reviewing an EAW or EIS, city staff and the Planning Commission may suggest design alterations which
would lessen the environmental impact of the action. The City Council may require these design alterations to be
made as a condition for approving the land use proposal when it finds that the design alterations are necessary to
lessen the environmental impact of the action.
7. The Planning Commission shall review the EAW and all public commentary after the close of the comment period,
and make a recommendation to the City Council regarding the need for an EIS. The City Council shall meet no less
than 3 days and no more than 30 days after the close of the comment period to decide whether an EIS is needed for
the land use proposal. Both the Planning Commission and the City Council shall use the standards and procedures
set forth in Minn. R. 4410.1700 to guide their recommendations and decisions.
5. Procedures when an EIS is Required. The City shall apply and follow the guidance of Minn. Stat. § 116D.045 and Minn.
R. 4410.2000 – 4410.3000 in the preparation and review of a required EIS.
6. Prohibition on Approvals During Environmental Review. No permit for an action for which an EAW or an EIS is
required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all
information required is supplied in adequate detail and until the environmental review process has been completed as
provided in this article, and pursuant to any written agreements entered into by the applicant for the permit or permits and
the City Council.
7. Severability. It is the intention of the City Council that the several provisions of this section are separate and that it any
court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such
judgment shall not affect other provisions of this section not specifically included in such judgment.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 151
SECTION 29. STORM SEWER USE
1. Purpose and Intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of
the City of Gem Lake through the regulation of non-storm water discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of
pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:
1. To regulate the contribution of pollutants to the MS4 by storm water discharges by any user.
2. To prohibit illicit connections and discharges to the MS4.
3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures
necessary to ensure compliance with this section.
2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands unless explicitly exempted by the City of Gem Lake.
3. Responsibility for Administration. The City of Gem Lake shall administer, implement, and enforce the provisions of this
section. Any powers granted or duties imposed upon the City of Gem Lake may be delegated in writing by the Gem Lake
City Administrator of the City of Gem Lake to persons o r entities acting in the beneficial interest of or in the employ of the
City of Gem Lake.
4. Compatibility with Other Regulations. This section is not intended to modify or repeal any other section, ordinance, rule,
regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other
section, ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions
different from those imposed by any other section, ordinance, rule, regulation, or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
5. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or
paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this ordinance.
6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards;
therefore this section does not intend or imply that compliance by any person will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants.
7. Discharge Prohibitions.
1. Prohibition of Illegal Discharge.
1. No person shall directly or indirectly discharge, cause, or allow others under its control to directly or
indirectly discharge into the MS4 any pollutants or waters containing any pollutants, other than storm
water.
2. The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this section:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges,
and street wash water.
2. Discharges or flow from firefighting, and other discharges specified in writing by the City of
Gem Lake as being necessary to protect public health and safety.
3. Discharges associated with dye testing; however this activity requires a verbal notification to the
City of Gem Lake prior to the time of the test.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 152
4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES
permit, waiver, or waste discharge order issued to the discharger and administered under the
authority of the United States Environmental Protection Agency (EPA), provided that the
discharger is in full compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
2. Prohibition of Illicit Discharge.
1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system
is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
3. A person is considered to be in violation of this section if the person connects a line conveying sewage to
the MS4, or allows such a connection to continue.
4. Improper connections in violation of this section must be disconnected and redirected, if necessary, to an
approved onsite wastewater management system or the sanitary sewer system upon approval of the City of
Gem Lake.
5. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be
connected to the storm sewer system, shall be located by the owner or occupant of that property upon
receipt of written notice of violation from the City of Gem Lake requiring that such locating be completed.
Such notice will specify a reasonable time period within which the location of the drain or conveyance is
to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or ot her, and
that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other
discharge point be identified. Results of these investigations are to be documented and provided to the
City of Gem Lake.
8. Watercourse Protection. Every person owning property through which a watercourse passes and/or contains a stormwater
inlet or catch basin, or such person's lessee, shall keep and maintain that part of the watercourse and/or stormwater inlet o r
catch basin within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a
hazard to the use, function, or physical integrity of the watercourse.
9. Industrial or Construction Activity Discharge. Submission of Notice of Coverage/Authorization to the City of Gem Lake.
1. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with
all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the
City of Gem Lake prior to the allowing of discharges to the MS4.
2. The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water
associated with industrial or construction activity shall submit a copy of the coverage notification or notification of
permit authorization to the City of Gem Lake.
3. The copy of the coverage notification or notification of permit authorization may be delivered to the City of Gem
Lake either in person or by mailing it to:
City of Gem Lake
4200 Otter Lake Road
Gem Lake, MN 55110
4. A person commits an offense if the person operates a facility that is discharging storm water associated with
industrial or construction activity without having submitted a copy of the coverage notification or notification of
permit authorization to do so to the City of Gem Lake.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 153
10. Compliance Monitoring.
1. Right of Entry: Inspection and Sampling. The City of Gem Lake shall be permitted to enter and inspect facilities
subject to regulation under this section as often as may be necessary to determine compliance with this ordinance.
1. If a discharger has security measures in force which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements to allow access to
representatives of the City of Gem Lake.
2. Facility operators shall allow the City of Gem Lake ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records that must be kept under the
conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as
defined by state and federal law.
3. The City of Gem Lake shall have the right to set up on any permitted facility such devices as are necessary
in the opinion of the City of Gem Lake to conduct monitoring and/or sampling of the facility's storm water
discharge.
4. The City of Gem Lake has the right to require the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger. Sampling and monitoring activities and equipment, including
installation, maintenance, and removal shall be at the discharger’s own expense. All devices used to
measure storm water flow and quality shall be calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or
sampled shall be promptly removed by the operator at the written or oral request of the City of Gem Lake
and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6. Unreasonable delays in allowing the City of Gem Lake access to a permitted facility is a violation of a
storm water discharge permit and of this section. A person who is the operator of a facility with an
NPDES permit to discharge storm water associated with industrial or construction activity commits an
offense if the person denies the City of Gem Lake reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this ordinance.
2. Search Warrants. If the City of Gem Lake has been refused access to any part of the premises from which storm
water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public
health, safety, and welfare of the community, then the City of Gem Lake may seek issuance of a search warrant
from any court of competent jurisdiction.
11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices .
The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of
storm water, the storm drain system, or waters of the United States shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses through the use of structural an d non-structural Best Management Practices. Further, any person responsible
for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said perso n's
expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with
industrial or construction activity, to the extent practicable, shall b e deemed compliance with the provisions of this section.
These BMPs shall be part of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of
the NPDES permit.
12. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known or suspected
release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the
storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release, at their own expense. In th e event of such a release of hazardous materials said
person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify the City of Gem Lake in person or by phone or email
no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and
mailed to the City of Gem Lake within two (2) business days of the phone notice. If the disc harge of prohibited materials
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 154
emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -
site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at l east
three (3) years. Failure to provide notification of a release as provided above is a violation of this section.
13. Salt and Deicer Storage Requirements. Property owners of commercial, institutional, and non-NPDES permitted
industrial facilities must employ best management practices to minimize the discharge of polluted runoff from salt and
deicer storage and application as follows:
1. Designated salt and deicer storage areas must be covered or indoors;
2. Designated salt and deicer storage areas must be located on an impervious surface; and
3. Implementation of Best Management Practices (BMPs) to reduce exposure when transferring material in
designated deicer storage areas (e.g., sweeping, diversions, and/or containment).
14. Violations, Enforcement, and Penalties.
1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this section. Any person who has violated or continues to violate the provisions of this ordinance,
may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise
abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the City of Gem Lake is
authorized to enter upon the subject private property, without giving prior notice, to take any and all measures
necessary to abate the violation and/or restore the property. The City of Gem Lake is authorized to seek costs of the
abatement as outlined in Section 20.
2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any
provision of this section, or any order issued hereunder, the City of Gem Lake may serve upon that person a written
Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to
immediately investigate the matter and to seek a resolution whereby any offending discharge will cease.
Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged
violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this
subsection shall limit the authority of the City of Gem Lake to take any action, including emergency action or any
other enforcement action, without first issuing a Warning Notice.
3. Notice of Violation. Whenever the City of Gem Lake finds that a person has violated a prohibition or failed to
meet a requirement of this Section, the City of Gem Lake may order compliance by written notice of violation to
the responsible person. Such notice may require withou t limitation, at their own expense:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of
any affected property; and
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said notice shall further advise that, should the
violator fail to remediate or restore within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to the violator.
15. Costs. In addition to the other penalties provided herein, the City of Gem Lake may recover engineering fees, court costs,
court reporter's fees, attorney fees, and other expenses of litigation or enforcement by an appropriate action against the
person or entity found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 155
16. Suspension of MS4 Access.
1. Emergency Cease and Desist Orders. When the City of Gem Lake finds that any person has violated, or
continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person’s past
violations are likely to recur, and that the person’s violation(s) has (have) c aused or contributed to an actual or
threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the City of Gem Lake may
issue an order to the violator directing it immediately to cease and desist all such violations and directing the
violator to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened
violation, including immediately halting operations and/or terminating the discharge.
2. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop
or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily
with the emergency order, the City of Gem Lake may take such steps as deemed necessary to prevent or minimize
harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including
immediate termination of a facility’s water supply, sewer connec tion, or other municipal utility services. The City
of Gem Lake may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the
City of Gem Lake that the period of endangerment has passed, unless further termination pro ceedings are initiated
against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful
discharge and the measures taken to prevent any future occurrence, to the City of Gem Lake within five (5) days of
receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the violator.
3. Suspension Due to Illicit Discharges in Emergency Situations. The City of Gem Lake may, without prior notice,
suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the environment, or to the health or
welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension
order issued in an emergency, the City of Gem Lake may take such steps as deemed necessary to prevent or
minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
4. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this
section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The
City of Gem Lake will notify a violator of the proposed termination of its MS4 access. The violator may petition
the City of Gem Lake for a reconsideration and hearing.
5. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section,
without the prior approval of the City of Gem Lake.
17. Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or
otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the City of Gem Lake
shall deem appropriate, after the City of Gem Lake has taken one or more of the actions described above, the City of Gem
Lake may impose a penalty not to exceed $ 1,000.00 (depending on the severity of the violation) for each day the violation
remains un-remedied after receipt of the notice of violation.
18. Criminal Penalties. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment for not to exceed ninety (90)
days or both.
19. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the City of
Gem Lake. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation, except in
the instance where a Cease and Desist Order is issued as described in Section 13, then the notice of appeal must be received
within ten (10) days from the date of the Cease and Desist Order. Hearing on the appeal before the appropriate authority or
his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the
municipal authority or their designee shall be final.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 156
20. Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the municipal authority upholding
the decision of the City of Gem Lake, then representatives of the City of Gem Lake shall enter upon the subject private
property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It sha ll
be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency
or designated contractor to enter upon the premises for the purposes set forth above.
21. Cost of Abatement of the Violation. Within forty-five (45) days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely manner as
determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charge s
shall become a special assessment against the property and shall constitute a lien on the property for the amount of the
assessment. Any person violating any of the provisions of this article shall become liable to the City of Gem Lake by reason
of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight (8)
percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
22. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a
civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
23. Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulativ e
remedies. The City of Gem Lake may recover all attorney’s fees court costs and other expenses associated with enforcement
of this ordinance, including sampling and monitoring expenses.
24. Effective Date. This section shall take effect and be in force from and after its passage and publication.
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 157
SECTION 30. ADOPTION AND ENACTMENT
1. The Ordinance changes contained herein will take effect immediately upon adoption by the City Council and publication of
a summary of this document, but not later than thirty (30) days from the date below.
2. The Legend of this Ordinance shall be updated to reflect the date and changes made.
3. This Ordinance, previously identified as Ordinance No. 43K shall now be known as Ordinance No. 131, City of Gem Lake
Consolidated Land Use Ordinance, which replaces and supersedes all previous versions of same.
4. This City of Gem Lake Consolidated Land Use Ordinance was unanimously adopted with amendments defined in
Ordinance No. 131, Appendix A, by the City Council of the City of Gem Lake on the 21st day of November in the year
2017 and ordered for summary publica tion in the City’s official newspaper.
Gretchen Artig-Swomely, Mayor Melissa Lawrence, Acting City Clerk
Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158
Historical Changes
Ordinance Description Enactment
43K Zoning Ordinance
(incorporated into 131)
Section 15.2.2 (2-4)
2. A total enrollment of not less than twenty-five (25) nor more than
one-hundred fifty (150) one hundred eighty two (182);
3. A maximum of one-hundred twenty (120) eighty two (182) “full-
day equivalent” students with a full-day* defined as ten (10) hours;
4. The “full-day equivalent” shall be calculated by adding together the
total number of students present during each hour of the “full-day”
of school. This total shall not exceed 1,200 1,820, which is 120 182
students times 10 hours.
19 April 2023
43K Zoning Ordinance
(incorporated into 131)
Section 15.6 (1-2)
1. The total lot coverage of all buildings and other structures shall not
exceed fifteen thirty (15%) (30%) percent.
2. The minimum open space requirement for any proposed use shall
be twenty-five (25%) (20%) percent, including green areas not
covered by buildings, parking lots, access roads, storage areas or
other areas covered by impervious surfaces.
19 April 2023
43K Zoning Ordinance
(incorporated into 131)
Section 22. Erosion, Sediment, and Waste Controls and Stormwater
Management
o The section title was revised to better align with the content.
o Erosion, Sediment, and Waste Controls:
▪ There are minor changes to the Criteria subsection to align
with the MS4 permit.
▪ An Erosion and Sediment Control Plan subsection was
created to provide clarity to proposers on submittals to the
City for review.
o Stormwater Management:
▪ Changes to the Regulation subsection are proposed to
align with the MS4 permit requirements.
▪ Changes to the Criteria subsection are proposed to provide
updated and clear design standards for project proposers.
▪ Changes to the Alternative Compliance subsection are
proposed to align with the MS4 permit requirements.
▪ A Stormwater Management Plan subsection was created to
provide clarity to proposers on submittals to the City for
review.
o Not-applicable information was removed from the section.
o Other minor revisions to content and formatting.
17 October 2023
43K Zoning Ordinance
(incorporated into 131)
Section 29. Storm Sewer Use
o A subsection for Salt and Deicer Storage Requirements was added
per the MS4 permit requirements
17 October 2023
Zoning Maps Updated Figures 1a and 1b (Zoning Maps) were updated, previous version was last
updated in 2017. Updates were to the symbology and parcel lines.
14 March 2024
Building Type 15a and
Automotive Dealership Use
(incorporated into 131)
Section 9.6
o Figure 15a ‘Automotive Dealership’ building type template
o Figure 17 amended to include ‘Automotive Dealership’ as a
permitted use in the Automotive Dealership building type template.
17 September 2024