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HomeMy WebLinkAbout1141 - Ag Residential Performance StandardsSECTION 1141 AGRICULTURAL AND RESIDENTIAL PERFORMANCE STANDARDS SUBSECTIONS 1141.100: Introduction 1141.200 : Residential Performance Standards 1141.300: Agricultural Dimensional Standards 1141.400: Rural Subdivision Dimensional Standards 1141.500: Low Density Residential Dimensional Standards 1141.600: Medium Density Residential Dimensional Standards 1141.700: High Density Residential Dimensional Standards 1141.800: Required Yards/Open Space 1141.900: Lighting 1141.100: INTRODUCTION. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code. 1141.200: RESIDENTIAL PERFORMANCE STANDARDS. No structure or premises within any R Use District shall be used for one or more of the following uses unless its use complies with the following regulations: 1141.201 Dwellings. All single family detached and twinhome dwellings shall: a. Be built on a permanent foundation; b. Be connected to City sanitary sewer and water unless exempted under the provisions of Subsection 1140.300; and c. If the home is a manufactured home, it shall:  Have a permanent, completely enclosed foundation constructed around the entire circumference of the structure which complies with the State Manufactured Home Building Code.  Meet the standards and be certified by the U.S. Department of Housing and Urban Development. 1141.202 Undergrounding. All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent of the floor area. In addition, any new service to an existing building shall be placed underground. 1141.203 Curbs. All access roads shall have a poured-in-place concrete curb measuring at least six (6) inches above and below the grade in all developments except developments of single family detached or twinhome dwellings. 1141.204 Vehicle Storage. No vehicle shall be stored, displayed, parked, or allowed in any of the required yard or landscaped areas; except as permitted by City Code Section 1146. 1141.205 Recreational Equipment. The intent of this ordinance is to allow for the orderly storage of recreational equipment on property at certain locations during on and off seasons. During off season times, the equipment shall be located in the most visually inconspicuous portion of the lot as viewed from the front, or from the street. (1) Currently licensed and operable winter recreational equipment may be parked on or adjacent to a driveway on a lot in the residential Zoning Districts from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a residential Zoning Districts from April 1 to November 1 each year. In addition to all other requirements, all recreational equipment parked on or adjacent to a driveway shall be operable and shall have the current license posted or displayed in a visible manner on the equipment. Any recreational equipment parked on or adjacent to a driveway which is not both currently licensed and operable shall be considered an “accessory structure” as regulated below or as junk regulated pursuant to the City Code. (2) At all other times, recreational equipment shall be stored in the rear or side yard provided the recreational equipment is operable. For purposes of this subsection, side yards shall also include areas extending from the principal house structure, using lines parallel to the sides of the house extending to the rear and front yard lines. Recreational equipment shall be set back a minimum of five (5) feet from the rear and side property lines; except that recreational equipment may be stored within five (5) feet of a rear or side property line if screened by a fence located on the property. which fence is at least six (6) feet high and is in compliance with the fence requirements of the City Code. (Ord. Amd. 122-07, Pub. 8/13/2022) (3) No recreational equipment may be parked in residential Zoning Districts that does not have the same ownership between the equipment and any family member occupying the property. A house being rented shall only allow storage of recreational equipment owned by the person(s) renting the principal structure. For riparian lots without a principal structure, recreational equipment shall be located between the Ordinary High Water Level, and a line no more than 30 feet from the Ordinary High Water Level and no less than five (5) feet from the side lot line. 1141.206 Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single family detached or twinhome dwellings. 1141.207 Accessory Structures. (1) General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations:  No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.  The accessory use or structure shall be incidental to and associated with the principal use or structure.  The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.  The accessory use or structure shall be located on the same parcel of land as the principal use or structure except as allowed by the nonconformity regulations in the Zoning Code. (2) Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. (3) Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or when 200 square feet or greater in size and located six (6) feet or less from the principal structure. Such structures shall be subject to the provisions of the Zoning Code applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements. (4) Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: a. The total ground floor area of all detached accessory structures located on a single residential property in the R-1 and R-2 Zoning Districts shall not exceed 1,000 square feet or 30% of the rear yard. b. The total ground floor area of all detached accessory structures in the R-3 Zoning District shall not exceed 750 square feet or 30% of the rear yard. c. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth below if more restrictive. d. Maximum height shall not exceed 15 feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. e. Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the front yard or within a side yard abutting a street except as provided in in the following provisions. f. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. g. No accessory structure may be located in any public right-of-way or public easement except by consent of the City Engineer or his/her designee. h. On riparian lots in the Shoreland District, one (1) detached accessory structure designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions:  The accessory structure must be located so that it meets all front yard requirements of a principal structure.  The accessory building must be compatible in design and materials with the principal structure.  The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses. 1141.300: AGRICULTURAL DIMENSIONAL STANDARDS. (1) No structure shall exceed 35 feet in height unless approved by the Board of Adjustment. (2) The maximum density shall not exceed 0.10 units per acre. (3) The following minimum requirements shall govern the use and development of lots in the A Zoning District. Residential Use Lot Area (acres) Non Residential Use Lot Area (acres) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) 10 40 330 50 20 50 1141.400: RURAL SUBDIVISION DIMENSIONAL STANDARDS. (1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less. (2) The Floor Area Ratio within the R-S Zoning District shall not exceed 0.3. (3) The following minimum requirements shall govern the use and development of lots in the R-S Zoning District. Lot Area (acres) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) 2 100 25 10 25 (4) The depth of the front year of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (5) Through lots shall have a required front yard on each street. (6) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot. (7) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the Zoning District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (8) A single family detached or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard and provided the combined width of the side yard for the building and the adjacent building is not less than ten (10) feet. (9) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common area do not exceed the maximum density permitted within the Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. 1141.500: LOW DENSITY RESIDENTIAL DIMENSIONAL STANDARDS. (1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less. (2) The Floor Area Ratio within the R-1 Zoning District shall not exceed 0.3. (3) The following minimum requirements govern the use and development of lots in the R-1 Zoning District. Lot Area (Sq. ft.) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) 12,000 86 25 10 25 (4) Density: The minimum density for new development in the R-1 Zoning District is two (2) units per acre. The maximum density for new development in the R-1 Zoning District is four (4) units per acre. (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (9) A single family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten (10) feet. (10) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. (11) The lot width and lot area allowed in the R-1 Zoning District may be reduced to no less than 80 feet in width and 11,000 square feet in area if the property abuts an outlot area designated for public drainage and/or utility lines. The following criteria must also be met:  Lots may have side yards of not less than five (5) feet for interior side yards which abut the outlot area.  No fences, walls, accessory structures or overhangs are allowed within the outlot area. 1141.600: MEDIUM DENSITY RESIDENTIAL DIMENSIONAL STANDARDS. (1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less. (2) The Floor Area Ratio within the R-2 Zoning District shall not exceed 0.3. (3) The following minimum requirements shall govern the use and development of property in the R-2 Zoning District. Land Use Lot Area (Sq. ft.) Lot Width (ft) Lot Depth (ft) Front Yard (ft) Rear Yard (ft) Side Yard (ft) Single Family, Detached 6,000 60 90 25 25 10 Twinhome 12,000 75 120 25 25 10 Rowhome 25 25 20 Separation between buildings Cluster Housing 30,000 100 200 25 25 10 Other Uses 15,000 100 150 25 25 10 (4) The minimum density for new developments in the R-2 Zoning District is 4.1 units per acre. The maximum density for new developments in the R-2 Zoning District is 7.0 units per acre. (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (9) A single family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet. (10) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the R-2 Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. 1141.700: HIGH DENSITY RESIDENTIAL DIMENSIONAL STANDARDS. (1) No structure or building shall exceed four (4) stories or 45 feet in height, whichever is less. (2) The Floor Area Ratio shall not exceed 0.35. (3) The minimum density for all new developments shall be 7.1 units per acre. The maximum density for all new developments shall be 20 units per acre. (4) The minimum lot area shall be 8,000 square feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. (5) The minimum lot width shall be 60 feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. (6) The front yard depth shall be a minimum of 30 feet or a distance equal to the building height, unless the average depth of at least two (2) existing buildings within 150 feet along the same block front of the lot in question are less than 30 feet, then the required front yard depth shall be the average depth of such existing front yards or the building height whichever is greater. However, the depth of the front yard shall not be less than 15 feet. (7) The side yards shall be a minimum of 15 feet on one side and one-half (1/2) the building height on the other if the building height is less than 40 feet. If the building height exceeds 40 feet, the side yards shall be 15 feet plus one (1) foot for each foot of building height in excess of 40 feet for each one (1) foot of building height in excess of 40 feet on the other. If property abuts land in an R-1or R-2 Zoning District at the side yard, that side shall have the larger required side yard. (8) The width of the side yard abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the wall of the building exceeds 50 feet. For the purpose of this section, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot. (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the Zoning District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access form the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (10) The rear yard depth shall be a minimum of 25 feet except when the rear lot line of land on the R-3 Zoning District abuts lands in the R-1 or R-2 Zoning District, then the rear yard shall be a minimum of 25 feet or the building height of the building in the R-3 Zoning District, whichever is greater. (11) All dwelling units shall be at or above the grade of all land abutting the structure within a distance of 25 feet from all faces of the building. (12) Each lot shall contain a minimum of 400 square feet of usable open space for each dwelling unit located on it. (13) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common area does not exceed the maximum density permitted within the Zoning District. Provisions for open space may be provided on a common lot. Any front, rear, and side yard dimensions required by this section shall apply from the building face to the property line of the common area. 1141.800 REQUIRED YARDS/OPEN SPACE. 1141.801 Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than five (5) feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code. (1) All yards: a. Appurtenances associated with a principal building such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump-outs, and platforms. b. Yard lights and nameplate signs for single family detached and twinhome residential structures in the R-1, R-2 and R-3 Zoning Districts c. Flag poles, bird baths and other ornamental features detached from the principal building. d. Canopies no more than 12 feet wide are permitted in the R-3 Zoning District if they are open at the sides and provide 14 feet of clearance if located over any access roadway or fire land. (2) Front yards: a. Awning and door hoods which extend five (5) feet or less into the required front yard. b. A vestibule which extends five (5) feet or less into the required front yard under the following conditions:  The vestibule shall be designed, constructed, and attached to the principal building in compliance with the Minnesota State Building Code.  The vestibule shall be constructed of materials compatible with those of the principal building.  The vestibule area, measured from the outside of the outside walls, shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than six (6) feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets: a. Eaves which extend no more than six (6) inches into the required yard, and gutters which extend no more than 12 inches into the required yard. b. Heating, ventilating and air conditioning equipment. c. Recreational equipment stored as allowed by the Zoning Code. (4) Rear yards: a. Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fireplaces and fire pits. b. Recreational equipment stored as allowed by the Zoning Code. \ (5) New decks may not encroach into required yards. Existing Decks not meeting the required setbacks may be replaced if the following criteria are met:  The deck existed on the date the structure setbacks was established;  The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;  The deck is constructed primarily of wood and is not roofed or screened; and  The existing deck is not located within an easement, right-of-way, or over a lot, parcel or property line. (6) Items not specifically listed in this Subsection but that are similar may be allowed subject to approval by the Zoning Administrator. 1141.900: LIGHTING. The purpose of this subsection is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this subsection apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of the Zoning Code, street lighting within public rights-of-way, and lighting for single family detached and twinhome residential structures. 1141.901 General Provisions. (1) Lighting Plan. a. The City shall require submission of a light distribution plan to ensure compliance with the intent of this subsection for all new multi family residential development, redevelopment and additions which exceed 20% of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site including at lot, property or parcel lines. b. Upon completion of any project requiring a lighting distribution plan, measurement of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook and shown to comply with the provisions of this subsection. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. (2) Measurements shall be made after dark at the lot, property or parcel lines. (3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed one-half (0.5) footcandle when the source of light abuts any residential parcel or one (1) footcandle when the source of light abuts any commercial or industrial parcel or any public right of way all as measured at one (1) foot above the ground. (4) The City may limit the hours of operation of outdoor lighting equipment if the City believes it necessary to reduce the impact of light on the surrounding neighborhood. (5) No flickering or flashing lights shall be permitted. (6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the City. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture. (7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available. (8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided below. 1141.902 Outdoor Recreational Lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of this subsection, are exempted from the exterior light standards of this subsection between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the Zoning Administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet.