HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-154CITY 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.
4. Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8')
in height. Fences that exceed eight feet (8') in height require a conditional use
permit.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 154.081: Permitted
Encroachments on Required Yards, Subd. (B), by repealing the following:
(B) Side and rear yards. Fences; walls and hedges 6 feet in height or less; bays not
to exceed a depth of 3 feet or containing an area of more than 30 square feet;
fire escapes not to exceed a width of 3 feet.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-154 was adopted on this 20h day of
September, 2016, by a vote of 2 Ayes, 1 Nay and 2 Abstentions.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
J lie Johnsoi, ty Clerk
This Ordinance 08- (5 was published on the i today of O&D bey-
2016.
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