This article identifies yard, lot area, building size, building type, and height requirements in each zoning district.

No structure, except piers, docks, and retaining walls shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level, or less than one foot above the 100-year regulatory flood protection elevation, whichever is greater, of any adjacent lake, pond, river, watercourse, or wetland. At the time of adoption of this Appendix E, the ordinary high water level of Lake Minnetonka was 929.4 feet. If sufficient data on known high-water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high-water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the building official.

The lowest floor, including basement floor, of all structures shall be at a level at least three feet above the highest known groundwater table elevation. If requested by the building official, the groundwater table elevation shall be determined by a licensed soils engineer using soil borings, piezometers, or the observation of mottled soils.

Editor's note— Ord. No. 636, § 1, adopted June 6, 2022, repealed § 17-4. Former § 17-4 pertained to building height and derived from Ord. No. 359, adopted May 5, 2003.

(a)

General provisions for all zoning districts:

(1)

Building finish. No unfinished steel, corten steel, or unfinished aluminum shall be used as a building material permitted in any zoning district. High quality copper, zinc or finished metal shall be allowed. Clear coated and galvanized material shall be allowed only in commercial zoning districts, on properties abutting the Hennepin County Regional Rail Authority right-of-way, but not on properties abutting Water Street.

(Ord. No. 509, § 1, 1-6-2014)

(2)

Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials and roof type and pitch are complementary with surrounding properties. Any new construction, remodeling, or addition should be reviewed by the zoning administrator and city architect to determine the proposed project's adherence to the good neighbor guidelines. New construction, additions, or remodels that result in the increase of volume or reorientation or changes in setbacks of a principal structure or accessory structure requiring a building permit within the R-1 and R-2 zoning districts are subject to review by the residential review process using the good neighbor guidelines. Any application denied based on determined noncompliance with the good neighbor guidelines shall be subject to the appeal process outlined in article 7 of this Appendix E.

(Ord. No. 610, § 4, 9-9-2020)

(3)

Maintenance. All buildings in the city shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the nuisance or hazardous building provisions of the Excelsior Code of Ordinances.

(4)

Accessory structures. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in section 18-2(k) of this Appendix E.

(5)

Garages.

a.

Access doors. Access doorways will be provided as reasonably necessary to allow direct access to living units without requiring people to walk around the garage to access their living units.

b.

Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern will be provided at intervals not to exceed two internal parking stalls (approximately 20 to 24 feet).

(6)

Prohibited materials and structures.

a.

Pole buildings and quonset structures.

b.

Wood or metal poles as a principal structural support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity.

(b)

General provisions for residential zoning districts:

(1)

Exterior building finishes.

a.

The primary exterior building façade finishes for residential uses shall consist of materials comparable in grade to the following:

1.

Brick.

2.

Stone (natural or artificial).

3.

Integral colored split face (rock face) concrete block.

4.

Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress.

5.

Stucco (natural or artificial).

6.

Finished or unfinished copper and zinc.

7.

Recyclable grades of vinyl, and finished steel and aluminum.

8.

Fiber cement board.

9.

Exterior insulation and finish systems.

10.

Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition.

(Ord. No. 509, § 1, 1-6-2014)

(2)

Single family and multiple family containing up to five units including all new construction and remodeling:

a.

Entrances. Primary entrances on principal structures shall face the primary abutting public street or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Primary entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features.

b.

New construction and remodeling. New construction and remodeling shall relate to the design of surrounding traditional buildings, where these are present. Design features such as similar setbacks, scale, façade divisions, roof lines, rhythm and proportions of openings, building materials and colors are possible design techniques, while allowing desirable architecture innovation, variation, and visual interest. All sides of buildings shall use the same building materials and other architectural treatments as principal façades.

c.

Window and door openings. For principal residential buildings, above grade window and door openings shall comprise at least 15 percent of the total area of exterior walls (excluding the area of garage doors) facing a public street or sidewalk. In addition, for new principal residential buildings, above grade window and door openings shall comprise at least ten percent of the total area of all exterior walls.

d.

Garage doors/street facing building façade. Street facing garage doors shall be recessed at least four feet behind the front or side façades of the ground floor living area portion of the dwelling.

e.

Garage doors/building design. Garage doors may be located on another side of the dwelling ("side or rear loaded") provided that the side of the garage facing the front street has windows and other architectural details that mimic the features of the living portion of the dwelling.

f.

Garage doors/building frontage. Garage doors shall not comprise more than 55 percent of the ground floor street facing linear building frontage. Alleys and corner lots are exempt from this standard.

g.

Garage door height. Except in the rear yard, garage doors facing a public street shall be no more than eight feet in height.

(3)

Multiple family containing six units or more for new construction and remodeling:

a.

Building massing and proportion:

1.

Each multiple family building containing six or more dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single family detached dwelling units, so that such larger buildings can be aesthetically integrated into a lower density neighborhood. The following specific standards shall also apply to such multiple family dwellings:

2.

Roofs. Each multiple family building will feature a combination of primary and secondary roofs. Primary roofs will be articulated by at least one of the following elements:

i.

Changes in plane and elevation.

ii.

Dormers, gables or clerestories.

iii.

Transitions to secondary roofs over entrances, garages, porches, bay windows.

3.

Façades and walls. Each multiple family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large façades and walls into human scaled proportions similar to the adjacent single family dwellings, and shall not have repetitive, monotonous, undifferentiated wall planes.

b.

Each multiple family building shall feature walls that are articulated by at least two of the following elements within every 30-foot length of the façade:

1.

Recesses, projections or significant offsets in the wall plane of at least four feet.

2.

Distinct individualized entrances with functional porches or patios.

3.

Chimneys made of masonry, or other contrasting material that projects from the wall plan.

4.

Balconies.

5.

Covered bay or box windows.

c.

Variation among repeated buildings. For any development containing at least 24 and not more than 48 dwelling units, there will be at least two distinctly different but cohesive building designs. For any such development containing more than 48 dwelling units, there will be at least three distinctly different building designs. For all developments, there will be no more than two similar buildings placed next to each other along a street or major walkway spine.

d.

Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics.

e.

Multiple family Garages:

1.

Garages. No street facing façade shall contain more than two garage bays.

2.

Perimeter garages.

i.

Length. Any garage located with its rear wall along the perimeter of the property and within 65 feet of a public right-of-way or the property line of the development site will not exceed 55 feet in length. A minimum of eight feet of landscaping must be provided between any two such perimeter garages.

ii.

Articulation. No rear garage wall that faces a street or adjacent development shall exceed 30 feet in length without including at least one (1) of the following in at least two locations:

(a)

Change in wall plane of at least two feet;

(b)

Change in material or siding pattern;

(c)

Change in roof plane;

(d)

Windows;

(e)

Doorways;

(f)

An equivalent vertical element that subdivides the wall into proportions related to human scale and/or the internal diversions within the building.

(c)

General provisions for commercial zoning districts: The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to article 35 of this appendix and as specified in the design standards.

(Ord. No. 448, § 1, 12-7-2009; Ord. No. 501, § 1, 9-23-2013; Ord. No. 657, § 1, 9-18-2023)

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 Appendix E, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.

(1)

Corner lots. Front yard requirements shall be observed on each street frontage of a corner lot. Where the rear lot line of a corner lot is part of the side boundary of an adjacent residential lot, no part of any structure or building on the corner lot shall be more than five feet nearer its street side lot line than the existing setback of any adjacent principal building along such side street. Exceptions to this provision shall be allowed through approval of a conditional use permit, as provided for in subsection 17-6(7) and article 4 of this Appendix E.

(2)

Ordinary high water level setbacks. The complete shoreland provisions are found as article 60 of this Appendix E.

a.

No principal structure or building addition other than an existing water oriented accessory structure as specified above shall be located closer to the ordinary high water level than the greater of:

1.

Fifty feet, or

2.

Five feet on either side of a line which is drawn between the two closest riparian principal structures on either side of a proposed building site.

a.

The required setback distance may be reduced by a variance if the following conditions are met:

1.

The minimum setback from the ordinary high water level is at least 50 feet.

2.

The setback shall not adversely impact views of the shoreline or lake for adjacent neighboring principal structures.

3.

The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Appendix E. However, any structure built as a result of an issued variance shall be considered in determining the proper setback of future construction on adjacent lots.

4.

The conditions of article 6 of this Appendix E are considered and satisfactorily met.

(3)

Frontage. Except for existing lots of record, no lot shall contain any building used as a dwelling unless it abuts at least 20 feet on a public right-of-way and is compliant with chapter 30 of the Code. Nothing in this section is intended to excuse compliance with minimum lot width requirements of any zoning district.

(4)

Side yard. Buildings may be excluded from side yard requirements in the R-2, One and Two Family Residential district if a party wall is used along the common lot line to construct a building as an integral unit. Party wall is to be fire resistant and shall be secured by the necessary easements.

(5)

Triangular lots. In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference.

(6)

Reserved.

(7)

Conditional use permit. Application for a conditional use permit under this article shall be regulated by article 4 of this Appendix E. Such a conditional use permit may be granted provided that all of the following criteria comply:

a.

The building setback will not significantly impact the appearance of the streetscape of the immediate neighborhood.

b.

An addition to the front of the structure shall include architectural or historic elements that are appropriate to the style of the house and the immediate neighborhood.

c.

The mass, scale and building height of the proposed structure is not significantly different from the adjacent structures or immediate neighborhood.

d.

The building will comply with all applicable performance standards of this Appendix E. A conditional use permit shall not be issued under this article for a deviation from the requirements of this Appendix E unless variances are also approved.

e.

The request for the conditional use permit shall be based on standards and criteria set forth in section 4-5 of this Appendix E.

(Ord. No. 403, 10-2-2006; Ord. No. 438, § 2, 3-17-2009; Ord. No. 557, § 1, 4-17-2017)

Reserved.

(a)

Single-family dwelling units. Except as otherwise specified in the zoning district provisions, single-family homes as classified below shall have the following minimum floor areas per unit:

(b)

Multiple dwelling units. Except as otherwise specified in zoning district provisions, living units classified as multiple dwelling (excepting elderly housing) shall have the following minimum floor areas per unit:

(c)

Elderly (senior citizen) housing. Except as otherwise specified in the zoning district provisions, living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit:

(d)

Two-family, manor homes, and townhouses. Except as otherwise specified in the zoning district provisions, two-family, manor homes, and townhouses, as classified below, shall have the minimum floor area per unit:

Except for elderly (senior citizen) housing, the number of efficiency apartments in multiple family dwellings shall not exceed one unit or ten percent of the total number of dwelling units in the building, whichever is greater. in the case of elderly (senior citizen) housing, efficiency apartments shall not exceed 30 percent of the total number of apartments.

All single-family detached homes shall:

(1)

Be constructed upon a continuous perimeter foundation that meets the requirements of the Uniform Building Code.

(2)

Not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take into account overhangs and other projections beyond the principal walls. Dwellings shall also meet the minimum floor area requirements as set out in this article.

(3)

Have an earth covered, composition, metal, shingled, or tiled roof.

(4)

Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design, and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used, and the delineation of future deck, porch and/or garage additions whether or not such construction is intended. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so dissimilar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood. The design shall also not be at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety, or general welfare.

(5)

Meet the requirements of the Uniform Building Code or the applicable manufactured housing code.

(a)

The demolition or removal of any dwelling or structure shall require a permit therefor from the city upon payment of a fee in the amount to be determined by the city council.

(b)

The permit shall require that the person or contractor demolishing or removing any such structure shall arrange with the Director of Public Works for the disconnection of the city water and sewer service, and shall arrange with other utility companies providing services to the dwelling or the structure for the for the disconnection of any such services provided.

(c)

If no building permit is required in conjunction with the demolition permit as provided in paragraph (d) below, the permit shall further require that after demolition or removal of any dwelling or structure, the person or contractor shall be required to leave the property in the following condition:

(1)

Property is to be leveled to meet the contour of the adjacent properties to prevent runoff.

(2)

Ground surface area of property shall be landscaped in keeping with the appearance of adjacent properties.

(3)

Property has been developed either with turf or an acceptable alternative that has been approved by the city.

(d)

Before a permit is issued under this section, the applicant shall:

(1)

Submit proposed plans for the reuse of the property on which the building or structure to be demolished is located including evidence of its compatibility with zoning and comprehensive plan requirements.

(2)

Obtain a building permit, if necessary, to facilitate the construction of any structure or building.

A building permit shall not be required if the demolition is only of an accessory structure and not of the principal structure.

(e)

Emergency permit. In emergency situations where immediate demolition is needed to protect the public health, safety, or welfare, the city manager and city building official may approve the demolition before the requirements of paragraph (d) are satisfied consistent with the procedures contained in subsection 8-308(4) of the Code. If such an emergency approval is provided, the owner must satisfy the requirements of paragraph (d) as soon as is practicable after the emergency demolition is complete.

(Ord. No. 358, 4-21-2003)

The relocations of dwellings, garages, and accessory buildings must conform to all regulations of the Uniform Building Code and shall be permitted in the zoning district if all necessary specifications as to lot sizes, setbacks, type of use, height regulations and all other conditions as stipulated in this Appendix E are met. Such relocations shall require a conditional use permit in accordance with article 4 of this Appendix E and the following provisions shall be met:

(1)

Applications shall be made on forms provided by the city manager.

(2)

A fee, as established by the city council, shall paid to the city, and a receipt for same shall be attached to the application and submitted to the city manager plus proof of the mover's financial responsibility in an amount established by the zoning administrator. A deposit of in an amount as established by the zoning administrator shall be made for which city services related to the moving of said structure such as engineering, legal, police, and fire, shall be paid.

(3)

The applicant shall be referred to the city council, who shall set a time and place for a public hearing giving at least ten days public notice of such hearing.

(4)

At least ten days before such hearing, the city council shall mail a notice of said hearing to property owners as shown in the most recent tax assessment roll within 200 feet of the premises on which the building is to be relocated. Failure of the city council to mail the notice, or failure of the property owner to receive the notice, shall not invalidate the proceedings.