(A) Whenever a park or play area is so located that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least 30 feet shall be maintained from the right-of-way and the nearest developed play space, or a fence or similar barrier shall be constructed and maintained. This section shall apply to all public and private parks, schools, churches and areas where parks and quasi- public play areas are provided.
(B) No yard or open space existing upon the effective date of this chapter shall be reduced in area or dimension so as to make the yard or other open space less than the minimum required by this chapter.
(C) The following shall not be considered as encroachments on yard area or setback requirements:
(1) Projections and window wells.
(a) Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bays, gutters and other similar projections, provided they do not extend more than 30 inches into the required setback area and in no instance in the R districts nearer than three feet from a lot line.
(b) A window well may encroach up to 48 inches, measuring from the outside edge of the well wall/support, into the required side or rear setback, provided it is not closer than five feet to a lot line or encroach into an easement.
(2) In front yards.
(a) Uncovered balconies that extend into the required setback area a distance of four feet or less, provided that they are seven feet or more above grade at the foundation line.
(b) Patios, decks, open-air porches, steps and stoops that extend into the required setback area a distance of eight feet or less. No portion of a front deck, porch or stoop may have a height greater than 30 inches measured from the top of the platform to the finished grade.
(c) Ramps constructed for the purpose of providing handicap access which extend into the required setback area a distance of eight feet or less, provided that they are 18 inches or less above grade at the building line with a railing no higher than 36 inches.
(3) In side yards. Ramps constructed for the purpose of providing handicap access, terraces, steps, stoops, and uncovered patios, porches or decks, none of which extend nearer than five feet to the side lot line.
(4) In rear yards.
(a) Patios or decks more than 18 inches above grade at the building line, exclusive of any railing, ramps constructed for the purpose of providing handicap access, breezeways, detached picnic shelters, recreational equipment, constructed landscape features or retaining walls, driveways, steps, stoops and mechanical equipment provided that none of these extent nearer than five feet to the rear lot line.
(b) Attached uncovered balconies or decks higher than 18 inches above building grade may extend up to 12 feet into the required setback area.
(5) Allowances. All of the preceding permitted setback encroachments shall not be construed to allow encroachment into an easement of record.
(D) The minimum required building setback for any building in any yard in all zoning districts along any interstate or state highway, principal or minor arterial and community collector, either existing or proposed as designated in the city’s comprehensive guide plan is as shown in Appendix E of this chapter.
(E) The City Council may waive the required side yard setback requirement in all districts if two legal lots of record are held in one ownership and are combined by the Dakota County Assessor as one tax parcel.
(F) A building that met setback requirements at the time the building permit was issued may be replaced by a new building that is no larger than the existing building’s foundation footprint notwithstanding the setback requirements in effect at the time the new building is to be erected unless the setback distance for the lot as provided in this chapter has been amended since the issuance of the building permit for the existing building.
(‘81 Code, § A1-9) (Ord. 291, passed 4-21-82; Am. Ord. 492, passed 8-9-90; Am. Ord. 874, passed 12-22-09; Am. Ord. 965, passed 5-8-14; Am. Ord. 1060, passed 4-11-19; Am. Ord. 1067, passed 10-24-19) Penalty, see § 155.999