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HomeMy WebLinkAboutMin Lot Size Ordinance - 2019 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-XXX AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY REMOVING THE MINIMUM LOT SIZE STANDARDS FOR CERTAIN SINGLE- FAMILY ATTACHED AND MILTI-FAMILY HOUSING SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, Section 154.452 is hereby amended by changing the following sections (Proposed language is underlined, deleted language is shown with strikethrough): § 154.452 LOT DEMENSIONS AND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 10-2: Lot Dimension and Setback Requirements. Table 10-2: Lot Dimension and Setback Requirements, Residential Districts LDR MDR HDR Minimum Lot Area (sq. ft.) Single family detached dwelling 8,000 7,000 5,000 Two-family dwelling (per unit) a 5,000 4,000 3,000 Single-family attached (per unit) b - 4,000 See note i. 2,500 See note i. Multi-family dwelling (per unit) - 4,000 See note i. 1,800 See note i. Secondary dwelling See 154.454(c) See 154.454 (c) Live-work unit - - 3,600 Congregate housing - See 154.301(c) See 154.301(c) Manufactured home park - See 151.035-151.150 See 151.035-151.150- 2 Minimum Lot Width (feet) Single family detached dwelling 60 50 50 Two-family dwelling (per unit) a 35 30 20 Single-family attached (per unit) b - 25 20 Multi-family dwelling (per building) - 75 60 Live-work unit - - 25 Maximum Height (feet) 35 35 50 Maximum Impervious Coverage 40% 50% 75% Minimum Building Setbacks (feet) Front yard 25 c 25 c 20 c Interior side yard e Principal Buildings f,g 10 10 10d LDR MDR HDR Minimum Building Setbacks (feet) Interior side yard Attached Garage or Accessory Structures f,g 5 5 10d Corner side yard g,h 15 15 15 Rear yard 20 20 20 Notes to Urban Residential Districts Table a. Common open space areas may be used in the determining whether or not the minimum lot areas within a development are met, when provided as part of an overall development plan. b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate floors in a building on a single lot (“duplex”). The per-unit 3 measurements in this table apply to “twin” units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings. d. Single family dwellings (both attached and detached) and two-family dwellings may use the side yard setbacks within MDR zoning districts. e. In a block where the majority of the block face has been developed with the same or similar setbacks, the front setback for the remaining lots on that block face shall fall within the range established by the existing setbacks. f. In situations where a garage or accessory building is set back less than 7 feet from a side property line, the maximum permitted encroachment for anything attached to said building (including eaves, overhangs, steps, chimneys, and other appurtenances as described in Section 154.081) will be two (2) feet. g. Side yards setbacks shall apply to the ends of attached or two-family dwellings. h. Corner properties: The side façade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. i. The total number of housing units or density in any development shall not exceed the maximum density allowed by the land use classification as designated in the City’s Comprehensive Plan. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, Section 154.502 is hereby amended by changing the following sections (Proposed language is underlined, deleted language is shown with strikethrough): § 154.502 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 11-2: Lot Dimension and Setback Requirements. 4 Table 11-2: Lot Dimension and Setback Requirements, VMX District VMX Minimum Lot Area (sq. ft.) a Non-Residential Use None Single Family Detached Dwelling 5,000 Two-Family Dwelling (per unit) b 3,000 Single-Family Attached (per unit) c 2,500 See notes a and h. Multi-Family Dwelling (per unit) 1,800 See notes a and h. Secondary Dwelling See 154.454.C Live-Work Unit 3,000 Congregate Housing See 154.454(c) Other Structures 3,500 Maximum Lot Area (acres) Residential Structures N/A Other Structures 5 Minimum Lot Width (feet) Single Family Detached Dwelling 50 Two-Family Dwelling (per unit) b 30 Single-Family Attached (per unit)c 25 Multi-Family Dwelling (per building) 75 Live-Work Unit 25 Maximum Height (feet/stories) 35/3 d VMX Maximum Impervious Coverage Residential Structures 75% Other Structures No Limit Minimum Building Setbacks (feet) Front Yard e See 154.452, 154.505 (A)(6) or 154.505(A)(7) 5 Interior Side Yard f 10 Corner Side Yard g 0 Rear Yard 10 Notes to VMX District Table a. No development may exceed the residential density range as specified in the Comprehensive Plan for the Village Mixed Use land use category. b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table apply to “twin” units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings. d. Buildings up to 45 feet in height may be permitted as part of a PUD. e. The front yard setback for single family homes shall be 25 feet. f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned parcels or those parcels with residential uses as the sole use. g. Corner properties: the side yard façade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be shown in the table. h. The total number of housing units or density in any development shall not exceed the maximum density allowed by the land use classification as designated in the City’s Comprehensive Plan. SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, Section 154.511 is hereby amended by changing the following sections (Proposed language is underlined, deleted language is shown with strikethrough): § 154.511 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 14-2: Lot Dimension and Setback Requirements, Mixed Use-Commercial and Mixed Use-Business Park Districts. 6 Table 14-2: Lot Dimension and Setback Requirements, Mixed Use-Commercial and Mixed Use- Business Park Districts. MU-C MU-BP Minimum Lot Area (sq. ft.)a,c Single-family detached dwelling 4,000 5,000 Two-family dwelling (per unit) 3,000 4,000 Single-family attached dwelling (per unit)b 3,000 See note l. 4,000 See note l. Multifamily dwelling (per unit) 1,500 See note l. 2,200 See note l. Secondary dwelling See Section 154.454 (C) Live-work unit 3,000 3,000 Non-residential uses 20,000 85,000 Minimum Lot Width (feet) Single-family detached dwelling 50 50 Two-family dwelling (per unit) 20 20 Single-family attached dwelling (per unit)b 20 20 Multifamily dwelling (per building) 60 60 Live-work unit 25 25 Non-residential uses 100 200 Maximum Height (feet)i 50 50 Maximum impervious coverage (non- shoreland areas) 75% 75% Building setback requirements (feet) Residential uses Front yard d 20 20 Interior side yard f 7 Principal Buildings 7 7 Attached Garage or Accessory Structures e,f 5 5 Corner side yard g 10 10 Rear yard 20 20 Non-residential uses Front yard d 30 50 Interior side yard j 10 30 Corner side yard g 25 30 Rear yard 30 30 From Residential zones 50 150 Parking setback requirements (feet) Front yard 15 30 Interior side yard 10 15 Corner side yard 15 30 Rear yard 10 15 From Residential zones 35 50 Notes to Mixed Use Commercial and Mixed Use Business Park Districts Table a. Common open space areas may be used in determining whether or not the minimum lot areas within a development are met, when provided as part of an overall development plan. b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table apply to “twin” units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard also is used for multifamily dwellings. d. In a block where the majority of the block face has been developed with the same or similar setbacks, the front setback for the remaining lots on that block face shall fall within the range established by the existing setbacks. 8 e. In situations where a garage or accessory building is set back less than 7 feet from a side property line, the maximum permitted encroachment for anything attached to said building (including eaves, overhangs, steps, chimneys, and other appurtenances as described in Section 154.081) will be two (2) feet. f. Side yard setbacks shall apply to the ends of attached or two-family dwellings. g. Corner properties: The side façade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. h. Attached garages and accessory structures on parcels on which single family homes are located may have a side yard setback of 5 feet. i. Buildings higher than 50 feet may be allowed through a Conditional Use Permit and would be subject to a separate technical and planning evaluation. j. All accessory buildings for non-residential uses must be set back at least 10 feet from property lines. k. Ground mounted wind generators may exceed the allowable height restriction designated in all commercial districts and are subject to different setback requirements as identified in section 154.308 (B). l. The total number of housing units or density in any development shall not exceed the maximum density allowed by the land use classification as designated in the City’s Comprehensive Plan. SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance 08-XXX was adopted on this ______day of April, 2019, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-XXX was published on the ____ day of ___________________, 2019.