FINAL ORDINANCE NO. 08-154 - Laserfiche WebLink

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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-154 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY REPEALING THE PROHIBITION OF SOLID WALL FENCES IN THE LAKE ELMO ZONING CODE. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 154.205: Fencing Regulations; Subd. (E) (3): Residential Design Requirements, by amending the following: E. Fence Height and Design Fences within Front and Side (Corner) Yards. Any fence within a front or side (corner) yard setback may not exceed forty-two (42) inches in height and must be 50% open to air and light. 2. Residential and Mixed -Use Districts. No fence or wall shall exceed six feet (6') in height, and shall be subject to the design requirements of 5154.205.E.3. 3. Residential Fence Design Requirements. Solid wall fences over four (4) feet in height shall be prohibited on any lot under Y2 acre (21,780 square feet) in size. Any portion of a fence over four (4) feet on such lots shall be at least 75% open to light and air, except under one of the following circumstances: a. When a residential property abuts a district or use of a higher classification, and specifically, when an A, RR, RS, RE, or LDR district abuts any other district or a single family residential use abuts a multi -family residential use or a non- residential use. b. When a property is a through lot and abuts a street that is a higher functional classification than the street abutting the front yard of the property. c. For screening of outdoor living space subject to the following criteria: i. The area enclosed by outdoor extended living area fencing shall not exceed an enclosed area of 500 square feet. ii. A fence utilized to enclose an outdoor extended living area shall be extended to a point not more than 6 inches from the principal structure at 1 fence termination point. iii. A fence utilized to enclose an outdoor extended living area shall not extend into side yard of a lot beyond the existing building line of the existing principal structure, nor shall such fences be located in any side or front street yard. d. For screening or privacy purposes when the lineal measurement of the fence does not exceed one-fourth (Ya) of the linear distance of the perimeter of a lot.