Subd. 1.

Application.

A.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.

B.

Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, Code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

C.

Except as in this chapter 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 in conformity with this chapter.

D.

Whenever in any district a use is neither specifically permitted nor denied, a property owner may request a study by the city to determine whether the particular use is compatible with the zoning district in which it is proposed to be located.

Subd. 2.

Separability. It is hereby declared to be the intention of the council that the several provisions of this chapter are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

Subd. 3.

Lot provisions. A duly created lot of record shall be deemed a buildable lot, provided all of the following are met:

A.

The lot shall have a minimum of 50 feet of frontage on a public street or the lot shall have been approved in platting a condominium project or an attached dwelling project wherein a contiguous lot, owned in common, provides said frontage.

B.

There shall be no more than one principal building on one lot except when approved as a part of a planned development.

C.

The lot shall be capable of supporting a building(s).

D.

The lot shall be of sufficient size to accommodate a building(s) within the minimum required building setbacks for the particular zoning district in which it is located.

E.

If two or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter.

Subd. 4.

Required yards and open space.

A.

Whenever a park or play area is so located that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least 30 feet shall maintained from such right-of-way and the nearest developed play space, or a fence in conformity with subdivision 20 of this section, or similar barrier may be used. This section shall apply to all public and private parks, schools, churches and areas where play areas are provided.

B.

No yard or open space existing upon the effective date of this section shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this section.

C.

The council may waive the required side yard setback requirement in all districts, if two legal lots of record are held in one ownership and are combined by the county assessor as one tax parcel.

D.

The following shall not be considered as encroachments on required yard setbacks:

1.

Air conditioning or heating equipment, chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar features, provided they do not project more than 30 inches into the required yard.

2.

Decks, patios, balconies, stoops, or other similar features provided they do not extend more than 30 inches above the finished grade and a distance greater than eight feet into a required front yard, five feet into a required side yard and five feet into a required rear yard and provided they do not encroach upon a public easement.

3.

In rear yards, recreational equipment and clothes lines, arbors and trellises, gazebos, breezeways, detached accessory buildings, air conditioning and heating equipment may encroach to a point not less than five feet from the rear lot line.

Subd. 5.

Accessory buildings, structures and uses.

A.

General standards.

1.

No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in a residential zoning district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure.

2.

Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color.

3.

Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare.

B.

Other uses.

1.

Buildings and structures accessory to uses other than farms and single-family detached dwellings shall conform to the principal building setback requirements specified for the respective zoning district in which they are located.

2.

Buildings and structures accessory to uses other than farms and single-family detached dwellings shall not exceed the district height limit or the height of the principal building, whichever is less, except as otherwise allowed by this chapter.

C.

Residential uses, R-1, R-2, and E zoning districts.

1.

No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed within the front yard.

2.

No more than two detached accessory buildings may be permitted for each dwelling.

3.

All accessory buildings shall comply with the following setbacks:

4.

When an attached garage is present on the site, the total floor area of all detached accessory structures (including garages) shall not exceed 576 square feet.

5.

When an attached garage is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet.

6.

The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure.

7.

In no event shall the height of any attached garage exceed the height of the dwelling.

8.

In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking (maximum eight-foot wall height for accessory structures 120 s.f. or smaller).

9.

In no event shall the height of a door opening of any detached accessory structure or attached garage exceed eight feet, as measured from the floor to the trim covering the door header.

D.

Agricultural uses. Buildings and structures accessory to farming operations are exempt from the requirements of this subdivision except that a building containing more than two animal units shall not be less than 50 feet from a lot line.

E.

Swimming pools.

1.

The interior vertical wall of swimming pools shall not be closer than five feet to any side or rear lot line.

2.

Swimming pools shall be located in the side or rear yard and shall not be located within any required front yard setback.

3.

No swimming pool shall be located beneath or within ten feet of any overhead utility lines or over any underground utility lines.

4.

All outdoor swimming pools shall be completely enclosed by a security fence or wall at least four but not more than six feet high and located at least four feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates.

5.

No swimming pool shall be used, kept, maintained or operated in such a manner as to constitute a nuisance or as to be hazardous to health, life or property. All swimming pools shall have and operate adequate equipment to filter and otherwise keep the water clean and free from contamination.

Subd. 6.

Traffic visibility. On all corner lots in all districts, no structure or planting in excess of 30 inches above the abutting curbline shall be permitted within a triangular area defined as follows: beginning at the intersection of the project curblines of two intersecting streets, thence 30 feet along one curb diagonally to a point 30 feet from the point of beginning of the other curbline, thence to the point of beginning.

Subd. 7.

Public utility service. It is unlawful for any person to install, construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line, and overhead electric transmission line including structures related thereto or any other public utility device or related structure, without first obtaining a written permit from the city. All persons obtaining a written permit pursuant to this subdivision shall be subject to those standards and regulations set forth in and as a condition of the permit issued pursuant to this subdivision. In issuing said permit, the city shall find that:

A.

The proposed location of the essential service shall not unreasonably interfere with future land use of the city.

B.

The depth of any buried essential services shall be at a depth that will not cause future problems with roads, streets, utilities or buildings.

C.

The width of any linear easements or rights-of-way shall not be such that it will unreasonably interfere with future land use.

Subd. 8.

Structures in public rights-of-way. No buildings, structures or uses may be located in or on any public lands or rights-of-way without approval by the council.

Subd. 9.

Nonconforming structures and uses.

A.

Policy. It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter.

B.

Expansion of use. The expansion of any existing nonconforming use shall not be permitted, and no land shall be used by any person or in any manner which is not in conformity with this chapter.

C.

Alteration or enlargement of structure. Except as provided herein, no nonconforming structures shall be erected, converted, enlarged, altered, or changed in any manner which is not in conformity with this subdivision. No structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner upon any land upon which a nonconforming use is conducted.

D.

Maintenance and repair. Routine maintenance and repair may be made to a nonconforming structure or any structure upon land upon which a nonconforming use is conducted, provided the repairs are nonstructural in nature.

E.

Reconstruction. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, tornado, war, riot, or act of God, it may be reconstructed and used as before if a building permit for reconstruction is applied for within 180 days of the property damage occurring. If a building permit is not applied for within 180 days of property damage and the damage to the building or structure is 50 percent or more of its fair market value as shown on the assessor's records at the time of damage, the use thereof shall be in accordance with the provisions of this chapter.

F.

Abandonment. Any nonconforming structure or nonconforming use shall be deemed abandoned and thereafter shall be discontinued, when any nonconforming structure is not used or any nonconforming use is discontinued for a period greater than one year for any reason. In this case, the city may impose reasonable conditions upon any building permit to mitigate any newly created impact on adjacent property.

G.

Variance. No provision hereunder shall preclude a request for a variance, as governed by this chapter, for the erection or reconstruction of a nonconforming structure. This provision does not apply to any nonconforming uses.

Subd. 10.

Outdoor wood boiler systems.

A.

Purpose. This section is intended to ensure that outdoor wood boilers are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety and general welfare of the residents of the city.

B.

Definitions. For the purposes of this section, the following definitions shall apply:

1.

Clean fuel. Natural dry wood (which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain artificial resins or glues as in plywood or other composite wood products), corn, wood pellets, other fuel pellets and other solid fuels approved by the Environmental Protection Agency.

2.

Outdoor wood boiler. An appliance installed out-of-doors and designed to transfer or provide heat, via liquid or other means, through the burning of clean fuel for heating purposes. Also known as outdoor hydronic heaters. Outdoor wood boiler does not include a fire pit or wood-fired barbeque.

3.

Public nuisance. An outdoor wood boiler operated or maintained in a manner which creates any dense smoke, noxious fumes or noxious gas, or releases soot or cinders in unreasonable quantities.

C.

Regulations and requirements. An outdoor wood boiler shall be allowed as a use in all zoning districts, subject to the following provisions:

1.

A building permit must be obtained to assure that all outdoor wood boilers meet all Minnesota State Building and Fire Codes, and manufacturer's specifications for installation, and the permit application must include:

(a)

A site plan or survey, illustrating the dimensions of the property, including location of buildings and the wood boiler relative to the lot lines.

(b)

Manufacturer's specifications for installation.

(c)

Applicable building permit fee.

2.

An outdoor wood boiler shall be located at least 300 feet from all property lines.

3.

An outdoor wood boiler shall not be operated or maintained in a manner which creates a public nuisance.

4.

An outdoor wood boiler shall burn clean fuel only.

5.

Outdoor storage of clean fuel shall be in compliance with City Code requirements.

6.

All requirements for installation and maintenance of the outdoor wood boilers shall be met, including but not limited to local, state and federal regulations and manufacturer's specifications.

D.

Existing outdoor wood boiler systems. Outdoor wood boilers installed prior to the adoption of this subdivision shall be operated in compliance with the requirements of this subdivision, except that the distance requirement set forth in subsection (C) above shall not apply.

Subd. 11.

Opt-out of temporary family health care dwelling zoning laws.

A.

Purpose. On May 12, 2016, Governor Mark Dayton signed into law the creation and zoning regulations of temporary family health care dwellings, as defined in and codified as Minn. Stats. § 462.3593 (laws 2016, chapter 111, section 3). This new law provides that a municipality may, by ordinance, "opt out" of the application of the requirements of this new law. Pursuant to authority granted by Minn. Stats. § 462.3593, subdivision 9, it is in the best interest of the city and its residents that the City of Eagan not be subject to the mandates of Minn. Stats. § 462.3593 requiring temporary dwellings be allowed in residential districts.

B.

Exercise of opt-out. The city opts out of the application of the requirements of laws 2016, chapter 111, section 3, codified at Minn. Stats. § 462.3593, and accordingly the provisions therein shall not apply within the city.

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 428, 2nd series, § 1, eff. 9-16-08; Ord. No. 437, 2nd series, § 1, eff. 4-21-09; Ord. No. 450, 2nd series, § 1, eff. 2-16-10; Ord. No. 459, 2nd series, § 1, eff. 8-2-10; Ord. No. 555, 2nd series, § 1, eff. 8-1-2016)