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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
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CHAPTER 63 - LOT DEVELOPMENT STANDARDS

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63.120 YARD USAGE REGULATIONS

The following paragraphs define the permitted yard and setback encroachments allowed under the regulations of this ordinance.

63.121

Off-street parking is permitted in the driveway of a one family detached dwelling, one family attached dwelling, attached dwelling, or duplex.  Off-street parking for other dwellings shall be permitted as regulated in Article 63.400.

63.122

Except as otherwise provided by this Code, porches, balconies, canopies, stairways, steps and necessary landings and decks which are open (except for reasonable supports, covered patios, enclosed courts, eaves, awnings, bay windows, fire escapes, chimneys, and steps) may extend into or over no more than 33% of the depth of a minimum yard or setback which is required along a front or side lot line, and in no case closer than four feet to a side lot line.

63.123

Customary yard accessories, ornaments and furniture, such as freestanding flag poles, statues, fountains, swings, picnic benches, lawn tables, chairs and seats, are allowed in any yard or setback area.  Where permitted under the applicable zoning district, signs and gasoline pump islands are allowed in the minimum front and side street side yards.

63.124

Appurtenant structures that do no generate noise, such as submerged pumps, television and radio antennas, satellite dishes, underground fallout and blast shelters, or clothes lines may be located in any required yard or setback along a side or rear lot line, provided they are not located closer than three (3) feet to any side lot line.

63.125

Open terraces or patios, uncovered porches, and other uncovered paved areas such as stoops may extend into any minimum yard or setback but not closer than 10 feet to any front lot line, and if they are three and one-half (3 1/2) feet or more above the surrounding grade level, they shall not extend into more than twenty percent (20%) of the depth or width of any minimum yard or setback.

63.126

Fences, Walls, and Hedges:  Subdivision 1.  A fence, wall, column, pier, post or any similar type structure, or any combination of such structures, may be permitted in any required yard or setback subject to the following requirements:  

1. It shall be the responsibility of the property owner to locate all property lines.
2. No fence, wall, or hedge may extend beyond or across a property line unless in joint agreement with the abutting property owner.
3. No fence, hedge or wall shall be placed closer than 18 inches to any public sidewalk or within five feet of any alley right of way.
4. Fences and walls shall not exceed six feet in height above the elevation of the surface of the ground at any point, except
   1. In instances where public safety or security necessitate, the zoning administrator may authorize fences and walls to have a maximum height not to exceed ten feet above the elevation of the surface of the ground at any point; or
   2. when the grade of buildings on adjacent lots is greater than that of buildings on the applicant's lot, the fence may exceed the height limitations, but in no case will the fence exceed the grade of the adjacent building by more than five feet.
5. No fence, wall or hedge shall be placed closer than ten feet to the intersection of a driveway with any right of way used for vehicular or pedestrian traffic, including alleys.
6. Fences, walls and hedges located within the traffic visibility zone are subject to the provisions of section 63.500.
7. Previous references to walls shall apply to freestanding walls only.  Walls erected for the purpose of landscaping or protecting slopes shall be permitted as regulated within the Building Code. 

Subd. 2.  Any person who constructs, installs, alters or maintains a fence, wall, column, pier, post or any similar type structure, or any combination of such structures, in a manner which is not specifically permitted under this section is guilty of a misdemeanor.

63.127

Appurtenant structures that may generate noise, such as air conditioning units, air exchangers or heating units may be located at grade in a yard or setback required along a front or rear lot line.  Where located in a yard or setback required along a front lot line, they shall be screened from the view of adjacent properties and public rights-of-way by a fence of solid appearance or evergreen shrubs that at maturity will provide total screening.  In no instance shall these structures extend into a required side or front yard to a point closer than four (4) feet from any property line.

63.128

Private easement areas providing access for lots with no frontage or where multiple buildings are located on one lot, shall not be located in a required yard or setback abutting a residential side lot line except by agreement with the adjacent property owner, and shall cross required front yards at right angles to the longest dimension of the required yard unless part of an approved off-street parking area.





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