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. For additional regulations concerning accessory buildings, see subsections 10-7-2B, 10-8A-2B, 10-8B-2B, 10-9A-2B and 10-9B-2B and section 10-15-18 of this title. (Ord. 1098, 11-8-2004)

   A.    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 title, and if the existing yard or other open space, as existing, is less than the minimum required, it shall not be further reduced, except that in R districts, a garage may be added if none previously existed.

   B.    No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

   C.    The following shall not be considered to be encroachments on yard requirements:

      1.    In rear yards only: balconies, eaves, bay windows, cantilevered architectural elements, chimneys, uncovered entry landings, uncovered decks, breezeways, detached outdoor picnic shelters, recreational equipment, and detached or attached accessory structures. In no instance shall any of the above be closer than eight feet (8') from the rear lot line.

      2.    In side yards only: eaves, bay windows, chimneys, uncovered entry landings or decks, and detached or attached accessory structures. In no instance shall any of the above be closer than five feet (5') from any side lot line.

      3.    In front yards only: eaves, bay windows, chimneys, uncovered entry landings, uncovered decks, and uncovered handicapped access ramps, except that no such structural element shall be closer than twenty four feet (24') from the front lot line.

      4.    In riparian yards only: balconies, eaves, bay windows, cantilevered architectural elements, chimneys, uncovered entry landings, breezeways, and recreational equipment that impacts less than one hundred twenty (120) square feet of ground area. (Ord. 1098, 11-8-2004)

   D.    In the residential, estate, and agricultural districts, the following may not be placed, constructed, or located within five feet (5') of the side lot line or rear lot line: any bituminous pavement, concrete pavement, or paving blocks. Notwithstanding anything to the contrary, this prohibition shall not apply to shared driveways located along or within lot lines approved by the City. (Ord. 1224, 11-22-2010)

   A.    No fences, structures or plantings shall be permitted to exceed three feet (3') in height within any front or side yard areas on a corner lot which may interfere with the visibility across the corner.

   B.    The lot grade across the outside corner of any corner lot shall not exceed three feet (3') above the centerline street elevation for a distance of thirty feet (30') in either direction, measured from said outside property corner. (Ord. 1098, 11-8-2004)

Essential services shall be exempt from the application of this title. (Ord. 1098, 11-8-2004)

In areas served by private wells or private sewage disposal systems, the council may require larger lots than required by the zoning districts if soil tests indicate that a larger size is necessary to ensure the sanitary functioning of such systems. (Ord. 1098, 11-8-2004)

The use of land within two (2) miles of the boundary of an airport in any district shall be subject to, in addition to the other provisions for such district, any use restrictions established by the commissioner of aeronautics. Also see the regulations found in the South St. Paul airport overlay district, chapter 13, article H of this title. (Ord. 1098, 11-8-2004)

The following animals may be kept in the city:

   A.    Permitted Animals; Conditions:

      1.    Domestic Animals: Domestic animals are allowed in all zoning districts, provided:

         a.    Noncommercial kennels (as defined in section 10-2-2 of this title) are allowed in A, E and R-1 zoning districts subject to the issuance of a valid kennel license according to title 5, chapter 4 of this code.

         b.    Commercial kennels (as defined in section 10-2-2 of this title) are only allowed in A zoning districts by conditional use permit, subject to the issuance of a valid kennel license according to title 5, chapter 4 of this code.

         c.    No more than three (3) dogs over the age of six (6) months shall be allowed per residential dwelling unit in any R-2 or R-3 zoning district.

         d.    Female domestic ferrets must be spayed before the animal is one year of age unless the ferret is to be used for breeding during its first year.

         e.    All accessory structures (regardless of size) used to house domestic animals must meet the minimum accessory structure setbacks of the property's respective zoning district.

      2.    Farm And Permitted Nondomestic Animals: Farm and permitted nondomestic animals are allowed in A and E-1 zoning districts, except where elsewhere allowed herein, provided:

         a.    All farm and permitted nondomestic animals must be so contained to prevent the animals from escaping onto neighboring properties or injuring the public.

         b.    Enclosed pens, corrals, feedlots, and structures used to house farm and permitted nondomestic animals shall be set back a minimum of twenty five feet (25') from the nearest lot line or the applicable accessory structure setback, whichever is greater. (Said setback shall not apply to open grazing or pasture areas.)

         c.    Notwithstanding this subsection A2, farm and permitted nondomestic animals may be allowed in other zoning districts according to subsection A5 of this section. (Ord. 1098, 11-8-2004)

         d.    Notwithstanding this subsection A2, chickens may be allowed in the R-1A, R-1B, R-1C and R-2 zoning districts subject to the issuance of a valid urban chicken license according to subsection 5-4-2B of this code.

         e.    Chickens may be allowed in the E-2 zoning district subject to the provisions of this subsection A2. (Ord. 1266, 5-13-2013)

      3.    Horses: Horses are allowed in all A and E zoning districts, and miniature horses not taller than thirty eight inches (38"), as measured to the top of the withers, are allowed in all A, E and R-1 zoning districts, provided:

         a.    The minimum lot size is one and three-fourths (1.75) acres.

         b.    Structures used to shelter horses must conform to the setback requirements of subsection A2b of this section.

         c.    Proper care and shelter shall be provided to all horses as required by Minnesota statutes section 346.38.

         d.    (1) Any nonconforming structure, fenced enclosure, or property used for the keeping of horses, which lawfully existed as of the effective date hereof, may be continued at the size and in the manner of operation existing upon said date, provided the provisions of subsections A2a, A3c, A5, B and C of this section are satisfied. It shall be unlawful for persons keeping horses in a nonconforming condition to:

               (A) Enlarge, alter or increase the area of any structure or fenced enclosure when the said structure or fenced enclosure does not meet the standards set forth in subsections A2b and A3b of this section; or

               (B) Increase the number of horses beyond that kept on the subject property as of the effective date hereof when their keeping is not in compliance with subsection A2 of this section or this subsection A3.

            (2)    Maintenance, necessary nonstructural repairs and incidental alterations of such structures and fence enclosures shall be permitted, provided such maintenance, repairs and alterations do not extend, enlarge or increase their capacity.

      4.    Inherently Dangerous Animals: Inherently dangerous animals, as defined in section 10-2-2 of this title are allowed in all A, E and R zoning districts, subject to an approved conditional use permit, except that such animals are permitted within a properly zoned commercial pet shop or as regulated in subsection A5 of this section.

      5.    Other Animals:

         a.    Any animal not allowed by subsections A1, A2 and A3 of this section, that is kept as part of the St. Paul Como Zoo docent program, department of natural resources game permit, 4-H animal husbandry program or other program commonly recognized as a reputable animal husbandry program, is exempt from the provisions of this section and allowed in all zoning districts, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided.

         b.    When such exempted animals are to be kept, the participants must notify the city clerk in writing of their participation in the program, the general identification of the animals to be kept within a known time frame, and the estimated period of time the animals are to be kept.

   B.    Commercial Purposes: Animals may only be kept for commercial purposes if allowed in the zoning district where the animals are located.

   C.    Nuisance Animals: Animals may not be kept within the city if they cause a nuisance or endanger the health or safety of the community.

   D.    Manure Removal Required: Accumulation of animal manure shall be removed at such periods of time to ensure no leaching occurs into nearby wells or surface water, or objectionable odor exists. (Ord. 1098, 11-8-2004)

   A.    Height limitations set forth elsewhere in this title shall be increased fifty percent (50%) when applied to church spires, towers, monuments, poles, smokestacks and similar structures.

   B.    Heights in excess of those allowed in this title shall be permitted only by conditional use permit granted by resolution of the city council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property.

   C.    On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of twenty five percent (25%) or more, measured in the general direction of the side lot lines, an additional twelve feet (12') of height may be permitted in such main building, provided the lowest floor shall not be less than ten feet (10') below the average established property line grades along the front of the lot.

   D.    In addition to height limitations set forth in this title, land located within two (2) miles of the boundary of an airport shall be subject to any height limitations established by the commissioner of aeronautics.

   E.    Chimneys and vents may extend three feet (3') above the highest roof point.

   F.    In the Mississippi River Critical Area Overlay District, no height exceptions shall be allowed in any residential district. (Ord. 1098, 11-8-2004)

All retaining walls over thirty inches (30") high shall be provided with a guardrail, fence or other safety barrier if found necessary by the chief building official. Any retaining wall over forty eight inches (48") high requires a building permit from the City, the application for which must include a written statement from an engineer licensed in the State of Minnesota that the retaining wall design is structurally sound. (Ord. 1098, 11-8-2004)

Pursuant to authority granted by Minnesota Statutes section 462.3593, subd. 9, the City of Inver Grove Heights opts out of the requirements of Minnesota Statutes section 462.3593, which defines and regulates temporary family healthcare dwellings. (Ord. 1319, 8-8-2016)