Zoneomics Logo
search icon

Lake Elmo City Zoning Code

ARTICLE IV

ADDITIONAL REGULATIONS AND MODIFICATIONS

105.12.190 Additions And Exceptions To Minimum Area, Height, And Other Requirements

  1. Existing lot. An existing lot is a lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the county recorder or registrar of titles, on or before the effective date of the ordinance from which this chapter is derived. Any such lot or parcel of land which is in a residential district may be used for single-family detached dwelling purposes, provided the area and width of the lot are within 60 percent of the minimum requirements of this chapter; provided, all setback requirements of this chapter must be maintained; and provided, it can be demonstrated safe and adequate sewage treatment systems can be installed to serve the permanent dwelling. Any one-acre lot which was of record before October 16, 1979 may be used for single-family detached dwelling purposes regardless of ownership of adjacent parcels, provided the lot meets all other requirements of this chapter.
  2. Reductions in lot size for municipal purposes. Any lot that has been reduced in size due to the acquisition of property for municipal purposes that would otherwise meet the requirements of an existing lot as described in subsection (a) of this section, may be used for a single-family detached dwelling, provided that the lot is not reduced in size by more than ten percent of the minimum district requirements due to the municipal land acquisition and further provided the lot conforms to all other zoning district and subdivision standards for the district in which it is located. This provision shall apply to the subdivision of lots in existence prior to the adoption of the ordinance codified in this article that would have otherwise met the zoning district standards for lot size and that meet all requirements of this section.
  3. Contiguous parcels. If, in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of this chapter, the individual lot or parcel cannot be considered as a separate parcel of land for the purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination will equal one or more parcels of land, each meeting the full lot width and area requirements of this chapter.
  4. Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of the ordinance from which this chapter is derived for the purposes of erecting a structure, must be approved as required by the subdivision ordinance.
  5. Lake and stream frontage lots. All lots having frontage on a lake or stream shall be subject to the provisions of the shoreland management ordinance as well as the regulations provided by this chapter. All lots on unclassified bodies of water in the shoreland management ordinance shall meet the minimum setback requirements for a General Development Lake, except as provided in the shoreland management section.
  6. Lots in the floodplain. All lots in a designated floodplain shall be subject to the floodplain ordinance as well as the regulations provided by this chapter.
  7. Reduction of required yard or lot size prohibited. No yard or lot shall be reduced in area or dimension so as to make it less than the minimum required by this chapter, and if the existing yard or lot is less than the minimum required, it shall not be further reduced. No required yard or lot currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.
  8. Sloping on erodible building sites. On sites with slopes of greater than 25 percent or on easily erodible soils, as defined on the community soils maps and compiled by the county soils conservation agent, no structure shall be constructed.
  9. Minimum area requirements for lots without public sanitary sewer. In areas without public sanitary sewer, but where public sanitary sewer is proposed in the city's capital improvement program, single- and two-family homes shall demonstrate suitable soil conditions for adequate on-site sewage treatment area.
    1. In areas without public sanitary sewer where public sanitary sewer is not proposed in the city capital improvement program or comprehensive plan, single- and two-family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of 1 acre per dwelling unit.
    2. A building permit shall not be issued for a lot which either does not meet the minimum acres of acceptable soils for on-site sewage treatment; or does not have enough acceptable soils within the lot or under legal contract to construct at least two complete septic/drainfield treatment systems.
  10. Lot width on a public street. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel on a dedicated and approved public roadway to the width derived from applying the lot width requirement in each zoning district.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.200 Permitted Encroachments On Required Yards

The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this chapter:

  1. In any yards.
    1. Posts, off-street open parking, flutes, leaders, sills, pilasters, lintels, cornices, eaves (up to three feet), gutters, awnings, open terraces, steps, chimneys, flag poles, open fire escapes, egress window/wells, sidewalks, fences, essential services exposed ramps (wheelchair), patios, stoops, decks not requiring railings in accordance with state building codes, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line nor less than one foot from any existing or proposed driveway; yard lights and nameplate signs; trees, shrubs, plants, floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas, or yards for safety and security reasons; provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
    2. Porches as defined in LEC 1.08 may encroach up to six feet into a required front yard setback or side corner yard, but in no case shall be setback less than ten feet from the front property line. A porch is not allowed in a side or rear yard setback.
  2. Side and rear yards. Fences; walls and hedges six feet in height or less; bays not to exceed a depth of three feet or containing an area of more than 30 square feet; egress/window wells not to exceed the minimum area needed to meet building/ fire code or fire escapes not to exceed a width of three feet.
  3. Corner lots. Nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2 1/2 feet and ten feet above the centerline grades of the intersecting streets within 100 feet of the intersection.
  4. Off-street parking. In no event shall off-street parking spaces, structures of any type, buildings, or other improvements cover more than 75 percent of the lot area. In no event shall the landscaped portion of the lot be less than 25 percent of the entire lot as a result of permitted encroachments. In shoreland areas, no more than one-third of lot areas shall be covered with improvements.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
Amended by Ord. 2023-14 on 6/20/2023

105.12.210 Setbacks

  1. Front setbacks. Where adjacent residential structures on the same side of the street between intersections have front yard setbacks different from those required, the front yard minimum setback shall be the average of the immediately adjacent structures. If there is only one immediately adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed the required minimum established within the districts of this chapter.
  2. Side and rear setbacks. Subject to regulations contained in the building code and other applicable regulations, side and rear setback requirements may be waived, provided party walls are used and the adjacent buildings are constructed as an integral unit and are part of an approved shopping center, townhouse development, or other similar development. The waiver shall only be by issuance of a variance.
  3. Setbacks from private roads. All setback requirements of this chapter shall also be applicable to private roads and easement access rights-of-way.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.220 Height

  1. Maximum height.
    1. Antennas shall not be located on structures in excess of 65 feet in height unless the structures are existing water towers and the antennas are only an accessory use on the water towers.
    2. No other structure shall exceed 35 feet in height including church spires, belfries, cupolas and domes, monuments, chimneys and smokestacks, flag poles, public facilities, except barns, silos, and other farm structures, utility transmission services, and transmission towers of commercial broadcasting stations.
  2. Parapet walls. Parapet walls shall not exceed more than four feet above the permitted height of the building.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253

2023-14