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East Bethel City Zoning Code

SECTION 11

- MEASUREMENTS, ENCROACHMENTS, AND LOT AREA

1.- Measurements and encroachments.

A.

Setbacks shall be measured from the property line to the nearest exterior wall of the building. Setbacks for roof extensions, decks, and similar structural elements supported by posts shall be measured from the nearest most point of support. Architectural appendages extending two feet or less into the required front, side, or rear yard setbacks shall not be considered encroachments. Architectural appendages may include features such as eaves, bow or bay windows, fireplaces, cantilevers, and similar items. Architectural appendages that exceed the two foot allowable encroachment shall require a variance.

B.

Except as provided below, no lot, yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this ordinance. No required open space specified by this ordinance to be provided for any building or structure shall be included as part of any open space required by this ordinance for another structure.

C.

Except as provided below, any lot that meets the requirements of this ordinance, or for which a variance reducing lot area or dimensions has been granted, may be used for construction of a dwelling.

Exception:

1)

A lot as defined in Appendix A, Zoning of the City Code and which was in all respects a legal lot at the time it became a separate lot of record in the Anoka County Property Records but which has subsequently been reduced in size by two acres or less as the result of either:

i)

A taking by the city, county, or state; or

ii)

A donation by the owner for a public use shall continue to be treated as a legal lot of the same size and configuration as when it became a separate lot of record and will qualify as a legal lot of its original size and configuration for the purpose(s) of application of any city ordinance, rule or regulation.

D.

The following shall not be considered as encroachments on setback requirements:

1)

Fire escapes, landing places, open terraces, outside stairways, cornices, canopies, eaves, window protrusions, swimming pool aprons and pool equipment, fireplaces, and other similar architectural features that extend no more than two feet into the required front, side, and rear yard setback.

2)

Detached retaining walls, public utility poles, light poles, mail boxes, hedges, and means of access such as driveways, steps, and trails may occupy any part of a required front, side, or rear yard setback.

E.

On multiple frontage lots and on corner lots, the required front setback shall be provided on all street frontages.

(Ord. No. 23, Second Series, 6-16-2010)