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HomeMy WebLinkAbout2022-08 40 Ft SetbackCITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2022-08 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY ESTABLISHING A 40-FOOT SETBACK FOR NEW RESIDENTIAL DEVELOPMENT ABUTTING A PUBLIC STREET IN THE AREA SOUTH OF LOTH STREET N. SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning; Chapter 105: Article XV Commercial Districts is hereby amended by changing the following'sections (Proposed language is underlined, deleted language is shown with striketIffeu* " gf 105.12.930 Lot Dimensions And Building Bulk Requirements Lot area and setback requirements shall be as specified in Table 12-2 Lot Dimension and Setback Requirements, Commercial Districts. Table 12-2: Lot Dimension and Setback Requirements, Commercial Districts LC cc C BP Minimum lot area (square feet) 3.5 acres 12,000 20,000 2 acres Minimum lot width (feet) 300 75 100 200 Minimum lot depth (feet) 400 - - - Maximum height (feet/stories) d 35 35 45 50a Maximum impervious coverage 40 percent 60 percent 75 percent 75 percent Building Setback Requirements (feet): d Front yard 100 30 30 50 Interior side yard 50 20 10 30 Corner side yard 100 25c 25c 30 Rear yard 50 30b 30b 30 Residential zones 150 50 50 150 Parking Setback Requirements (feet): Front yard 50 15 15 30 Interior side yard 50 10 10 15 Corner side yard 50 15 15 30 Rear yard 50 10 10 15 Residential zones 100 35 35 100 Minimum building floor size (square feet) 4,000 - - 5,000 Notes to Table 12-2: a. Buildings higher than 50 feet may be allowed through a conditional use permit and would be subject to a separate technical and planning evaluation. b. Accessory buildings must be set back ten feet from property lines. c.Corner properties. The side facade 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. d. 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 LEC 105.12.570. .e. For all residential uses, the minimum structure setback from public street shall be 40 feet. 105.12.720 Lot Dimensions 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 _F GCC LDR MDR HDR Minimum Lot Area (square feet) Single-family detached dwelling 9,000 8,000 7,000 5,000, Two-family dwelling (per unit) a - 5,000 4,000 3,000 Single-family attached (per unit) b - 1,750 11750 Multifamily dwelling (per unit) 3,000 1,800 Secondary dwelling See LEC See LEC See LEC See LEC 105.12.740(c) 105.12.740(c) 105.12.740(c) 105.12.740(c) Live -work unit 3,600 Congregate housing See LEC See LEC 105.12.500(c) 105.12.500(c) See LEC See LEC Manufactured home park 105.12.170- - LEC 105.12.170-- 105.12.340 LEC 105.12.340 Minimum Lot Width (feet) Single-family detached dwelling 70 60 50 50 Two-family dwelling (per unit) a - 35 30 20 Single-family attached (per unit) b - 25 20 Multifamily dwelling 75 60 (per building) Live -work unit - - - 25 Maximum Height (feet) 35 35 35 50 Maximum Impervious Coverage 30 percent 40 percent 50 percent 75 percent Minimum Building Setbacks (feet) Front yard 25 25 c 25 c 20 c Interior side yard e Principal Buildings f, g 10 10 10 1 Od Minimum Building Setbacks (feet) Interior side yard Attached garage or accessory 5 5 5 1 Od structures f, g Corner side yard g, h 15 15 15 15 Rear yard 20 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 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., one 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 seven 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 LEC 105.12.200) will be two feet. g. Side yards setbacks shall apply to the ends of attached or two-family dwellings. h. Corner properties: The side facade 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. For all residential uses, the minimum structure setback from a public street shall be 40 feet. 105.12.880 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. Table 14-2: Lot Dimension and Setback Requirements, Mixed -Use -Commercial and Mixed -Use - Business Park Districts mu-c MU -BP Minimum Lot Area (square feet):', 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 4,000 Multifamily dwelling (per unit) 1,500 2,200 Secondary dwelling See section LEC 105.12.740(c) Live -work unit 3,000 3)000 Nonresidential 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 Nonresidential uses 100 200 Maximum Height (feet) 50 50 Maximum impervious coverage (non-shoreland areas) 75 percent 75 percent Building Setback Requirements (feet): Residential uses: Front yard d 20 20 Interior Side Yard: f Principal buildings 7 7 Attached garage or accessory structures e,f 5 5 Corner side yard 9 10 10 Rear yard 20 20 Nonresidential Uses: Front yard d 30 50 Interior side yard 10 30 Corner side yard 9 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., one 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. e. In situations where a garage or accessory building is set back less than seven 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 LEC 105.12.200) will be two feet. f. Side yard setbacks shall apply to the ends of attached or two-family dwellings. g. Corner properties. The side facade 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 h. Attached garages and accessory structures on parcels on which single-family homes are located may have a side yard setback of five feet. L 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 nonresidential uses must be set back at least ten 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 LEC 105.12.560(b). I. For All residential uses the minimum structure setback shall be 40 feet. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2022-08 was adopted on this day of , 2022. LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayo ATTEST: