HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-104CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-104
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE CITY'S PROVISIONS RELATED TO ACCESSORY STRUCTURES
SECTION 1. The City Council of the City of lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154. 902
th rough 1 54. 90 3 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 151: Building Regulations, by repealing City Code Section
151.024 in its entirety.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:
land Usage; Chapter 154: Zoning Code; Section 213 and 214 by adding the
following language:
ARTICLE 5. GENERAL REGULATIONS
§154.213 Accessory Buildings and Structures, Generally
§154.214 Pole Construction Buildings
§154. 213 Accessory Buildings and Structures, Generally
A. Purpose. Within the city of Lake Elmo, the following provisions shall apply to accessory
building and structures in all zoning districts.
B. Definitions. The following words, terms and phrases, when used in this section, and all
sections pertaining to accessory buildings or structures, shall have the meanings ascribed to
them in this subsection, except where the context clearly indicates a different meaning:
Agricultural Farm Building. An accessory building used or intended for use on an active
commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution
Control Agency permit may be required.
Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended
for the shelter of domestic farm animals and/or related feed or other farm animal supportive
materials. The building may require a Minnesota Pollution Control Agency feedlot permit in
addition to site and building plan approval.
Detached Residential Accessory Building. A 1-story accessory building primarily used or
intended for the storage of automobiles and other miscellaneous equipment .. No door or other
access opening shall exceed 14 feet in height.
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Storage or Tool Shed. A 1-story accessory building of less than 160 square feet gross area with
a maximum roof height of 12 feet.
C. Permit Required. All accessory building and structures require either a certificate of zoning
compliance or a building permit as determined by the Minnesota State Building Code.
D. Principal Structure Necessary. No accessory buildings of structures shall be constructed nor
accessory use located on a lot until a building permit has been issued for the principal
structure to which it is accessory.
E. Proximity to Principal Structure. Accessory buildings shall maintain a six (6) foot setback from
the principal structure. An accessory building or structure will be considered as an integral part
of the principal building if it is located six (6) feet or less from the principal structure.
F. Storage or Tool Sheds. A storage or tool shed as defined in this section may be placed on any
lot in addition to the permitted number of accessory buildings.
G. Exempt Structures. The following residential improvements shall be exempt from the maximum
allowed structure size and number requirements in residential districts:
1 . Unenclosed playhouses
2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in
overall height
3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size
4. Outdoor swimming pools
5. Patios
6. Tennis and sport courts
7. Structures, sheds or coops up to a total of two hundred (200) square feet in size used to
house permitted animals, such as chickens, horses, or other livestock. These structures
must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA
guidelines and the City's animal ordinances.
8. Water oriented accessory structures as permitted in accordance with the City's Shoreland
Ordinance.
§154.214 Pole Construction Buildings
A. Pole Constructfon Buildings, A and RR Districts.
1. Pole construction buildings are permitted in the A and RR zoning districts subject to the
setbacks and other performance standards required under the Zoning Code.
2. Pole construction buildings are prohibited on properties zoned A and RR where a
conditional use permit has been issued for an open space preservation (OP) development.
B. Pole Construction Buildings, RS District. Pole construction buildings are permitted in the RS
zoning district only on parcels that are abutted by land zoned Rural Residential (RR) or
Agricultural (A) Zoned along 75% or more of the perimeter of the subject parcel.
SECTION 4. City Council of the City of Elmo hereby amends Title XV:
land Usage; Chapter 1 Zoning Code; Section 406 to read the following:
§154.406 Accessory Structures, Rural Districts.
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A. Size and Number. The maximum number and size of accessory buildings permitted in rural
zoning districts are outlined in Table 9-3:
Table 9-3: Accessory Buildings, Rural Zoning Districts
Maximum Structure Sizea No. of
Lot Size (square feet) Permitted Bldgs
under 1 acre 1,200b 1
1 · 2 acres 1,200 1
2 -5 acres 1,300 1
5 -10 acres 2,000 2
10 -15 acres 2,500 2
15 -20 acres 3,000 2
20 40 acres 4,000 2
40+ acres Unregulatedc Unregulatedc
Notes to Table 9-3
a. Maximum structure size accounts for the total maximum area allowed for all permitted
accessory structures combined.
b. The 1,200 square foot allowance is for the combined area of the attached and detached
accessory structure or residential garage.
c. To be allowed additional accessory buildings beyond two total buildings, the buildings must
be agricultural buildings as defined in §154.213 or clearly serve an agricultural purpose in
the judgment of the City.
A. Additional Accessory Buildings. Allowances for additional accessory buildings in A and RR zones
may be considered via a conditional use permit.
C. Structure Height, Rural Districts. No accessory building shall exceed twenty-two (22) feet in
height or the height of the principal structure, with the exception of buildings that are
intended for a farming or other agricultural use in the judgment of the City. Building
projections or features, such as chimneys, cupolas, and similar decorations that do not exceed
twenty-five (25) feet in height are permitted in rural districts.
D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be
located nearer the front lot line than the principal building on that lot, unless, by Resolution of
the City Council, an exception is made to permit a detached garage or accessory structure
nearer the front lot line than the principal building.
E. Exterior Design and Color. The exterior building materials, design and color of all accessory
building or structures shall be similar to or compatible with the principal building, with the
exception of the following accessory building or structures:
1. Detached domesticated farm animal buildings
2. Agricultural farm buildings
3. Pole buildings, as defined and regulated in §154.214.
4. Gazebos
5. Swimming pools
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6. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
F. Openings and Doors. Garage doors and other openings shall not exceed fourteen (14) feet in
height for all accessory structures, with the exception of buildings that are intended for a
farming or other agricultural use in the judgment of the City.
G. Attached Garages, Size. Attached garages must not exceed the footprint size of the principal
building.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 456 to read the following:
§154.456 Residential Accessory Structures, Urban Residential Districts.
A. Attached Structures, Urban Residential Districts. An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is connected by an enclosed
passageway. All attached accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located; and
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages, Urban Residential Districts
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least 4 feet behind the plane of the primary
fac;:ade; or
b. The front of the garage is recessed at least 4 feet behind a porch if the garage is even
with the primary fac;:ade.
2. The width of the attached garage shall not exceed 60% of the width of the entire principal
building fac;:ade (including garage) fronting the primary street.
3. Attached garages shall not exceed 1,000 square feet in area at the ground floor level
except by conditional use permit.
4. Garage doors or openings shall not exceed 14 feet in height.
C. Detached Structures, Urban Residential Districts. Detached accessory structures shall be
permitted in residential districts in accordance with the following requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed 1,000 square feet at ground floor level and shall not
exceed a height of 22 feet or the height of the principal structure. The maximum size and
height may be increased upon approval of a conditional use permit, provided that lot
coverage requirements are satisfied.
3. Pole barns, as defined herein, exceeding 120 square feet shall be prohibited.
4. No more than 30% of the rear yard area may be covered by accessory structures.
5. Garage doors or openings shall not exceed 14 feet in height.
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D. Exterior Design and Color, All Accessory Structures. The exterior building materials, design and
color of all accessory building or structures shall be similar to or compatible with the principal
building, with the exception of the following accessory building or structures:
1. Gazebos
2. Swimming pools
3. Tennis and sport courts
4. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 508 to read the following:
§154.508 Residential Accessory Structures, Village Mixed-Use District.
A. Attached Structures, Village Mixed-Use District. An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is connected by an enclosed
passageway. All attached accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages, Mixed-Use District
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the
primary fac;:ade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary fac;:ade.
2. The width of the attached garage shall not exceed 40% of the width of the entire principal
building fac;:ade (including garage) fronting the primary street.
3. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground
floor level except by conditional use permit.
4. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached Structures, Village Mixed-Use District. Detached accessory structures that are
accessory to permitted residential structures in the VMX District shall adhere to the following
requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level
and shall not exceed a height of twenty-two (22) feet or the height of the principal
structure. The maximum size and height may be increased upon approval of a conditional
use permit, provided that lot coverage requirements are satisfied.
3. Pole barns, as defined herein, shall be prohibited.
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4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
D. Exterior Design and Color, All Accessory Structures. The exterior building materials, design and
color of all accessory building or structures shall b-= similar to or compatible with the principal
building, with the exception of the following accessory building or structures:
1. Gazebos
2. Swimming pools
3. Tennis and sport courts
4. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
SECTION 7. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 8. Adoption Date. This Ordinance 08-104 was adopted on this eighteenth
day of March 2014, by a vote of Ayes and Nays.
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-104 was published on the __ day of ________ , 2013.
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