3. Section is entitled Accessory Buildings ; limited applicability/regulation.

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1 MEMORANDUM DATE: October 9, 2017 TO: FROM: RE: Chairperson Hetzel, PC Commissioners, and Interim Administrator Meyer Cynthia Smith Strack, Community Development Director 6.1 Discussion: Detached Accessory Structures GENERAL INFORMATION At the October 2 nd meeting the City Council placed a moratorium on detached accessory structures exceeding 900 square feet in area following recommendation of the Planning Commission. The moratorium will provide the Commission an opportunity to study the issue and determine appropriateness of existing regulations and the need to adjust existing standards. To assist the Commission staff has created a comparison of current standards for all cities in Scott County and the cities of Minneapolis and St. Paul. The latter two standards were as described by Western Construction in a link provided by Commissioner Carter. Also attached for reference are existing standards relating to accessory structures standards which are dispersed throughout of the Code. Following are highlights with full text attached to this memo. 1. Section (2) Limits number of buildings on a lot. Not more than one (1) accessory building, excluding detached garages, in excess of two hundred (200) square feet shall be located on a lot. Staff had noted ambiguity in language previously. The PC has indicated we would like to limit the number of detached garages and small accessory structures. 2. Section Building Type and Construction. Subd. 3. Exterior building materials allowed. Metal is not listed. We have traditionally allowed metal siding and roofing for residential structures. Past practice has presumed the standard related only to principal structures. The PC has indicated we would like to discuss allowing metal siding/roof, for principal and accessory structures. 3. Section is entitled Accessory Buildings ; limited applicability/regulation. 4. Section These are different residential zoning districts. Each have similar regulations pertaining to accessory structures: a. Allow private garages, parking spaces, and carports as accessory uses & prohibit home occupations in garages. b. Allow detached garages and accessory buildings exceeding 900 sf as a conditional use (as a right if less than 15 in height and similar in appearance to the principal structure). c. Setbacks for accessory structures. d. Site coverage maximums for combined structures and accessory structures alone. e. Requires 10 setback between structures. f. Establishes maximum height 15. g. Establishes maximum floor area for garages and accessory structures 900 s.f. h. Establishes maximum garage door height Section , Subd. 5. Specific standards for CUPs. Addresses detached garages over 900 s.f. CUP is a right to use provided identified standards are met. In this case: building height can t exceed 15 feet

2 unless a variance is approved, and exterior siding shall compliment the principal structure. The PC has indicated we would like to cap detached garage and accessory structure square footage to a total of 900 sf for single or any combination of structures per property. 6. Section pertains to pole buildings. All pole buildings shall require a CUP in all residential and rural residential districts within the City. We have traditionally allowed pole type structures and agricultural steel siding for accessory structures. Not clear intent is to limit to principal structures only. The PC had indicated would like to further clarify this standard relative to accessory structures. ACTION Discussion is appropriate.

3 CODE COMPARISON: AC STANDARD BELLE PLAINE ELKO NM JORDAN NEW PRAGUE Square footage related standards: Maximum square footage Several standards: (a) Detached accessory structures can't be more than 25% of lot area; (b)cup for over 900 s.f. Max. sf for lots one acre or less = 1,000; Max. sf for lots over 1 ac = 1, sq. ft. or exceed ground floor of principal structure, whichever is less Two tier: Combined accessory structures may not exceed 1,000 sq. ft.; for lots less than 7,000 sf max allowed size aggregate is 15% of lot area. Maximum square footage tied to principal building size/footprint? Not stated. No 840 sq. ft. or exceed ground floor of principal structure, whichever is less No Does maximum square footage differ per lot size? Not stated. Yes, see above Not stated Yes, see above CUP required for larger garages? Yes, over 900 sq. ft. Yes; on lots 1 ac or less not zoned R 2 need No No CUP for any detached access structure over 250 sf; Lots greater than 1 ac need CUP if over 1,000 sq. ft. Accessory structure prior to principal Not stated. Not allowed Not allowed Not allowed structure? Garage door height 8 ft. No standard 9 ft. No standard Maximum accessory structure height 15 ft. Zone dependent; Residential 15 ft., Business & Institutional 20 ft. Industrial 26 ft., Other 15 ft. Sidewall shall not exceed 10ft from finished grade. Must be less than primary structure RESIDENTIAL: 12 ft.; anything > 200 sq. ft. not to exceed 15 ft. COMMERCIAL: Shall not exceed primary building height Located in side or rear yard Setbacks Yes, must be located behind front line of Yes principal building. Interior side yard: 10 ft.; Corner lot: 20 ft. Not in front yard; Interior side yard 10 ft. on street side; Rear yard: 5 ft.; if entrance is Street side district driven; Rear 10 ft. fronting a public ROW; 20 ft. Yes, only. Not permitted in corner side yard. Not stated; can't be in front or corner side yard Yes RESIDENTIAL: not within 6 ft. of lot line, 10 ft. from alley, provide 20 ft. of direct access to the entrance. COMMERCIAL: Any place to rear of principal buildings, subject to building code and fire zone regulations. Roof pitch requirements Not stated. Not stated. May meet, but not exceed primary structure Not stated

4 Height Limit 15' Resid: 15'; Comm: 20'; Industrial: 26'; other: 15' Sidewall shall not exceed 10ft from finished grade. Must be less than primary structure Over 200 sf in area: max 15'; 200 sf or less in area: max 12' Design characteristics/appearance If CUP required, must match principal structure. Compatible with principal bldg. on lot. No sheet metal, asbestos, iron or concrete block permitted as major walls within the city. Similar to primary structure "Pole building" allowed CUP required Not stated. Not stated Yes, provided they meet State Building Standards Surface requirements (place on concrete) Not stated. Not stated. Concrete slab or footing Not stated Limit on number of accessory structures Ambiguous language. Detached garages One; must remove existing if replacing 2 Including garage Not stated plus 1 accessory structure 200 sq. ft. or more. Any number of detached garages and any number of structures less than 200 sf allowed? Minimum separation from other structures 10 ft., except decks Not stated. Not stated Not stated Not stated Driveway to detached structure required? Not stated. Yes Not stated Not stated Miscellaneous None of the other cities specified on spreadsheet talked about a deck being an accessory structure. Upon written agreement (easement encroachment) Must be completely enclosed. Roof overhang must be < 2 ft. beyond footprint. Even with CUP, no home occupation or commercial activity. Dwelling Units Prohibited: No basement, garage, tent, trailer, recreational vehicle or accessory building shall be used as a permanent dwelling. w/city structure is allowed. May be helpful to have a section related specifically for accessory buildings.

5 CCESSORY STRUCTURES PRIOR LAKE SAVAGE SHAKOPEE MINNEAPOLIS ST. PAUL R1 & R2 districts not more than 1,000 sq. ft. or 30% of rear yard. Several regs apply. Resid district SF or two family lot = 1,000 sf aggregate. Resid MF lot max 350 per MF property. Also max % of yard and can't exceed foundation size of principal dwelling. Zone dependent: Residential, Low Density, Urban Residential, Medium Density & Multiple family residential can't exceed 10% of lot area or more than 75% of principal building footprint. Old town district can exceed those number if CUP issued. SF and two family lots can't exceed 676 sf or 10% of lot area, whichever greater with max. sf capped at 1,000 sf. All other lots 676 sf or 10% of lot size whichever greater. No Yes, see above Yes, see above No No 1,000 sq. ft. or 35% of rear yard. No No No No No No No Yes, in historic zone, variance in all other districts Review by zoning admin, can increase height and sf. No Not stated Not allowed Not allowed Not allowed, unless lots are adjoined. Not allowed, unless lots are adjoined. No standard 9 ft. No standard No standard When facing front (9' max); no standard in rear yard 15 ft. 12 ft. Zone dependent: Residential < 15 ft./ < ht. 12 ft. or less in OR1 District; max. height 15 ft. except in heritage preservation principal structure may be 16 ft. or height of principal district, design review. structure where materials match the principal structure and roof pitch matches same; admin. Review. Yes Yes Yes Yes Yes Not within 5 ft. of lot line. On corner lot must be 25 ft. from property line when abutting street. Detached: 5 ft. from side yard, 10 ft. from rear 5 ft. except Historic District 3 ft. And 7 ft. on sides. 20 ft. on corner lot / alley with driveway 10 ft. minimum side street setback; rear 1 ft.; attached and parallel to street 8 10 ft. depending on zone; if garage door faces alley, must maintain 8 ft. to alley 3 ft. interior of lot w/no alley; 1 ft. Not stated Not stated Not stated Not stated Not stated

6 15' 12' Not stated Can't exceed principal structure or 12' whichever is less. Can increase to 16' provided: exterior materials match, sidewall height doesn't exceed 10', and height is still less than principal structure. Similar to or compatible with main building Similar to or compatible with main building Not stated Not stated Not stated. Not more that 15 ft. except if a flat or shed roof then not more than 12 ft.; heritage preservation district design review No, except in "A" district No Not stated Not stated. Not stated. Not stated Not stated Not stated Not stated. Not stated. Not stated Yes, dependent on lot size Not stated Yes, combined max. Sq. ft. 676 sq. ft. 3, combined cannot exceed max. sq. ft. allowed on lot. > 6 ft. or considered attached Not stated Not stated 6 ft. from primary and neighbors dwelling. 6 ft. from owners dwelling; Can be on property line with common wall agreement. Not stated Not stated Not stated Not stated Yes, when available. No home occupations or nonresidential use Permit required. DO allow dwellings in accessory buildings. Permit required. DO allow dwellings in accessory buildings.

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13 Zoning Districts and Zoning Map Section Page 1 SECTION R-1 SINGLE FAMILY (LOW DENSITY) RESIDENTIAL DISTRICT SUBD. 1. PURPOSE. The purpose of the R-1 Single Family (Low Density) Residential District is to provide for single-family detached residential dwelling units and directly related, complementary uses SUBD. 2. PERMITTED USES. The following are permitted uses in an R-1 District: 1. Single family detached dwellings. 2. Public parks and playgrounds. 3. Essential services are permitted except those that exceed sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 3. ACCESSORY USES. The following are permitted accessory uses in an R-1 District: 1. Private garages, parking spaces and car ports for licensed and operable passenger cars and not more than one truck in excess of a gross weight of nine thousand (9,000) pounds. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. 2. The storage of recreational vehicles and equipment. 3. Home occupations as regulated by Section of this Ordinance. 4. Non-commercial greenhouses, gardens and conservatories. 5. Swimming pools, decks, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 6. Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment SUBD. 4. CONDITIONAL USES. The following are conditional uses in an R-1 District requiring a conditional use permit based upon procedures set forth in and regulated by Sections and of this Ordinance. 1. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 2. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; hospitals and religious institutions such as churches, chapels, temples and synagogues. 3. Foster homes licensed by the State of Minnesota serving six (6) or less mentally or physically challenged persons. 4. Golf courses Page 1

14 Zoning Districts and Zoning Map Section Page 2 5. Detached garages and accessory buildings exceeding nine hundred (900) square feet. 6. Essential services exceeding sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 5. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an R-1 District subject to additional requirements, exceptions and modifications set forth in this Ordinance. Listed are minimum requirements, unless specifically identified as maximum. 1. Lot Area: Twelve thousand (12,000) square feet. 2. Lot Width: a. Interior: Eighty-five (85) feet. b. Corner: One hundred (100) feet. 3. Setbacks: Principal Building: a. Front Yard: Thirty (30) feet. b. Side Yard: 1. Interior Lot: Ten (10) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: Thirty (30) feet. 4. Setbacks: Accessory Buildings: a. Front Yard: Accessory Buildings shall be located behind the front building line of the principal building and not less than thirty (30) feet from the front property line. b. Side Yard: 1. Interior Lot: Ten (10) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: 1. Five (5) feet. 2. If entrance is fronting a public right-of-way: Twenty (20) feet. 5. Site Coverage. a. No structure or combination of structures, including detached garages, shall occupy more than twenty-five (25) percent of the lot area. b. Accessory structure or combination of structures shall not occupy more than twenty-five (25) percent of the rear yard. 6. Placement of Buildings. a. There shall be a minimum of ten (10) feet between principal and accessory buildings (excluding decks) Page 2

15 Zoning Districts and Zoning Map Section Page 3 b. There shall be no structures of any kind within any City easement, except if written permission has been granted by the City and the encroachment is in conformance with the City s Easement and Bluff Encroachment Requirements found in Chapter 12 of the City Code, Section Subd 4. EASEMENT AND BLUFF ENCROACHMENT REQUIREMENTS SUBD.6. BUILDING STANDARDS. 1. Maximum Height: a. Principal Building: Thirty-five (35) feet. b. Accessory Building: Fifteen (15) feet. 2. Floor Area: a. Principal Building: 1. Minimum: a. Two Bedrooms: nine hundred sixty (960) square feet. b. Three plus Bedrooms: one thousand forty (1,040) square feet. b. Garages. 1. Minimum - attached: four hundred (400) square feet (new construction). 2. Maximum detached: nine hundred (900) square feet. c. Accessory Building: 1. Maximum: nine hundred (900) square feet. 3. Garage door height shall not exceed eight (8) feet. 4. Minimum Width and Depth: All dwellings, including manufactured homes, shall have a depth of at least twenty (20) feet for at least fifty (50) percent of their width. All dwellings, including manufactured homes, shall have a width of least twenty (20) feet for at least fifty (50) percent of their depth. 5. Garage floor elevations shall be not less than eighteen (18) inches and not more than thirty-six (36) inches as measured from the top of the curb at the mid-point of the garage to the garage floor at the mid-point of the garage door opening. The minimum slope of the driveway shall be 2% and the maximum slope of the driveway shall be 10%. Exceptions to these standards may be approved by the Zoning Administrator, after consultation with the City or development engineer, for special circumstances such as an increased setback, site topography and flooding potential, provided that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area. (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Section 1105, Adopted May 16, 2011). (Ord , Sections 1105, Adopted September 17, 2012.) Page 3

16 Zoning Districts and Zoning Map Section Page 1 SECTION R-2 SINGLE-FAMILY (LOW DENSITY) RESIDENTIAL DISTRICT SUBD. 1. PURPOSE. The purpose of the R-2 Single-Family (Low Density) Residential District is to provide for single-family detached residential dwelling units on large lots SUBD. 2. PERMITTED USES. The following are permitted uses in an R-2 District: 1. Single-family detached dwellings. 2. Public parks and playgrounds. 3. Essential services are permitted except those that exceed sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 3. ACCESSORY USES. The following are permitted accessory uses in an R-2 District: 1. Private garages, parking spaces and car ports for licensed and operable passenger cars and not more than one truck in excess of a gross weight of nine thousand (9,000) pounds. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. 2. The storage of recreational vehicles and equipment. 3. Home occupations as regulated by Section of this Ordinance. 4. Non-commercial greenhouses, gardens and conservatories. 5. Swimming pools, decks, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 6. Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment SUBD. 4. CONDITIONAL USES. The following are conditional uses in an R-2 District requiring a conditional use permit based upon procedures set forth in and regulated by Sections and of this Ordinance. 1. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 2. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; hospitals; and religious institutions such as churches, chapels, temples and synagogues. 3. Foster homes licensed by the State of Minnesota serving six (6) or less mentally or physically challenged persons. 4. Golf courses Page 1

17 Zoning Districts and Zoning Map Section Page 2 5. Detached garages and accessory buildings exceeding nine hundred (900) square feet. 6. Essential services exceeding sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 5. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an R-2 District subject to additional requirements, exceptions and modifications set forth in this Ordinance. Listed are minimum requirements, unless specifically identified as maximum. 1. Lot Area: Twenty thousand (20,000) square feet. 2. Lot Width: a. Interior: One hundred (100) feet. b. Corner: One hundred (100) feet. 3. Setbacks: Principal Building: a. Front Yard: Thirty (30) feet. b. Side Yard: 1. Interior Lot: Ten (10) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: Thirty (30) feet. 4. Setbacks: Accessory Buildings: a. Front Yard: Accessory buildings shall be located behind the front building line of the principal building and not less than thirty (30) feet from the front property line. b. Side Yard: 1. Interior Lot: Ten (10) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: 1. Five (5) feet. 2. If entrance is fronting a public right-of-way: Twenty (20) feet. 5. Site Coverage. a. No structure or combination of structures, including detached garages, shall occupy more than twenty-five (25) percent of the lot area. b. Accessory structure or combination of structures shall not occupy more than twenty-five (25) percent of the rear yard. 6. Placement of Buildings. a. There shall be a minimum of ten (10) feet between principal and accessory buildings (excluding decks) Page 2

18 Zoning Districts and Zoning Map Section Page 3 b. There shall be no structures of any kind within any City easement, except if written permission has been granted by the City and the encroachment is in conformance with the City s Easement and Bluff Encroachment Requirements found in Chapter 12 of the City Code, Section Subd 4. EASEMENT AND BLUFF ENCROACHMENT REQUIREMENTS SUBD.6. BUILDING STANDARDS. 1. Maximum Height: a. Principal Building: Thirty-five (35) feet. b. Accessory Building: Fifteen (15) feet. 2. Floor Area: a. Principal Building: 1. Minimum: a. Two Bedrooms: nine hundred sixty (960) square feet. b. Three plus Bedrooms: one thousand forty (1,040) square feet. b. Garages. 1. Minimum - attached: four hundred (400) square feet (new construction). 2. Maximum detached: nine hundred (900) square feet. c. Accessory Building: 1. Maximum: nine hundred (900) square feet. 3. Garage door height shall not exceed eight (8) feet. 4. Minimum Width and Depth: All dwellings, including manufactured homes, shall have a depth of at least twenty (20) feet for at least fifty (50) percent of their width. All dwellings, including manufactured homes, shall have a width of least twenty (20) feet for at least fifty (50) percent of their depth. 5. Garage floor elevations shall be not less than eighteen (18) inches and not more than thirty-six (36) inches as measured from the top of the curb at the mid-point of the garage to the garage floor at the mid-point of the garage door opening. The minimum slope of the driveway shall be 2% and the maximum slope of the driveway shall be 10%. Exceptions to these standards may be approved by the Zoning Administrator, after consultation with the City or development engineer, for special circumstances such as an increased setback, site topography and flooding potential, provided that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area. (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Section 1105, Adopted May 16, 2011). (Ord , Sections 1105, Adopted September 17, 2012.) Page 3

19 Zoning Districts and Zoning Map Section Page 1 SECTION R-3 SINGLE AND TWO-FAMILY (LOW TO MEDIUM DENSITY) RESIDENTIAL DISTRICT SUBD. 1. PURPOSE. The purpose of the R-3 Single and Two-Family (Low to Medium Density) Residential District is to provide for single and two-family residential dwelling units and directly related, complementary uses SUBD. 2. PERMITTED USES. The following are permitted uses in an R-3 District: 1. Single and two-family dwellings. 2. Public parks and playgrounds. 3. Essential services are permitted except those that exceed sixty (60) feet above ground or greater than one hundred fifteen (115) kilovolts SUBD.3. ACCESSORY USES. The following are permitted accessory uses in an R-3 District: 1. Private garages, parking spaces and car ports for licensed and operable passenger cars and not more than one truck in excess of a gross weight of nine thousand (9,000) pounds. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. 2. The storage of recreational vehicles and equipment. 3. Home occupations as regulated by Section of this Ordinance. 4. Non-commercial greenhouses, gardens and conservatories. 5. Swimming pools, decks, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 6. Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment SUBD. 4. CONDITIONAL USES. The following are conditional uses in an R-3 District requiring a conditional use permit based upon procedures set forth in and regulated by Sections and of this Ordinance. 1. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 2. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; hospitals and religious institutions such as churches, chapels, temples, synagogues, and cemeteries Page 1

20 Zoning Districts and Zoning Map Section Page 2 3. Foster homes licensed by the State of Minnesota serving six (6) or less mentally or physically challenged persons. 4. Golf courses. 5. Detached garages and accessory buildings exceeding nine hundred (900) square feet. 6. Essential services exceeding sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts. 7. Bed and Breakfast Inn. (Ord , Section , Adopted January 3, 2005) SUBD. 5. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an R-3 District subject to additional requirements, exceptions and modifications set forth in this Ordinance. Listed are minimum requirements, unless specifically identified as maximum. 1. Lot Area: a. Single-Family: 1. Eight thousand (8,000) square feet. b. Two-Family: 1. Total: Ten thousand five hundred (10,500) square feet. 2. Per Unit: Five thousand two hundred fifty (5,250) square feet. 2. Lot Width: Single-Family: a. Interior: Seventy (70) feet. b. Corner: Eighty-five (85) feet. Two-Family: a. Interior: Seventy-five (75) feet. b. Corner: One hundred (100) feet. 3. Setbacks: Principal Building: a. Front Yard: Thirty (30) feet. b. Side Yard: 1. Interior Lot: a. Five (5) feet. b. Zero (0) feet if the principal buildings share a common wall. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: Thirty (30) feet Page 2

21 Zoning Districts and Zoning Map Section Page 3 4. Setbacks: Accessory Buildings: a. Front Yard: Accessory buildings shall be located behind the front building line of the principal building and not less than thirty (30) feet from the front property line. b. Side Yard: 1. Interior Lot: Five (5) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: 1. Five (5) feet. 2. If entrance is fronting a public right-of-way: Twenty (20) feet. 5. Site Coverage. a. No structure or combination of structures, including detached garages, shall occupy more than thirty (30) percent of the lot area. b. Accessory structure or combination of structures, including detached garages, shall not occupy more than twenty-five (25) percent of the rear yard. 6. Placement of Buildings. a. There shall be a minimum of ten (10) feet between principal and accessory buildings (excluding decks). b. There shall be no structures of any kind within any City easement, except if written permission has been granted by the City and the encroachment is in conformance with the City s Easement and Bluff Encroachment Requirements found in Chapter 12 of the City Code, Section Subd 4. EASEMENT AND BLUFF ENCROACHMENT REQUIREMENTS SUBD. 6. BUILDING STANDARDS. 1. Maximum Height: a. Principal Building: Thirty-five (35) feet. b. Accessory Building: Fifteen (15) feet. 2. Floor Area: a. Principal Building: 1. Minimum: a. Two Bedrooms: nine hundred sixty (960) square feet. b. Three plus Bedrooms: one thousand forty (1,040) square feet Page 3

22 Zoning Districts and Zoning Map Section Page 4 b. Garages. 1. Minimum - attached: four hundred (400) square feet (new construction). 2. Maximum detached: nine hundred (900) square feet. c. Accessory Building: 1. Maximum: nine hundred (900) square feet. 3. Garage door height shall not exceed eight (8) feet. 4. Minimum Width and Depth: All dwellings, including manufactured homes, shall have a depth of at least twenty (20) feet for at least fifty (50) percent of their width. All dwellings, including manufactured homes, shall have a width of least twenty (20) feet for at least fifty (50) percent of their depth. 5. Garage floor elevations shall be not less than eighteen (18) inches and not more than thirty-six (36) inches as measured from the top of the curb at the mid-point of the garage to the garage floor at the mid-point of the garage door opening. The minimum slope of the driveway shall be 2% and the maximum slope of the driveway shall be 10%. Exceptions to these standards may be approved by the Zoning Administrator, after consultation with the City or development engineer, for special circumstances such as an increased setback, site topography and flooding potential, provided that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area. (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Section 1105, Adopted May 16, 2011). (Ord , Sections 1105, Adopted September 17, 2012.) Page 4

23 Zoning Districts and Zoning Map Section Page 1 SECTION R-7 MIXED HOUSING (MEDIUM TO HIGH DENSITY) RESIDENTIAL DISTRICT SUBD. 1. PURPOSE. The R-7 Mixed Housing (Medium to High Density) Residential District is intended to provide a district which allows for a full and complete range and intermixing of residential activities, and to accommodate development areas which existed prior to the establishment of this Ordinance SUBD. 2. PERMITTED USES. The following are permitted uses within an R-7 District. 1. Multiple-family units, including two-family dwellings. 2. Public parks and playgrounds. 3. Essential services are permitted except those that exceed sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 3. ACCESSORY USES. The following are permitted accessory uses within the R-7 Zoning District. 1. Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks not to exceed a gross weight of nine thousand (9,000) pounds, as regulated by Section of this Ordinance. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. 2. Storage of recreational vehicles and equipment. 3. Home occupations as regulated by Section of this Ordinance. 4. Non-commercial greenhouses and conservatories. 5. Swimming pools, decks, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 6. Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment Page 1

24 Zoning Districts and Zoning Map Section Page SUBD. 4. CONDITIONAL USES. The following are conditional uses in an R-7 District requiring a conditional use permit based upon procedures set forth in and regulated by Sections and of this Ordinance. 1. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 2. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational Institutions limited to elementary, junior high and senior high schools; hospitals and religious institutions such as churches, chapels, temples, synagogues and cemeteries. 3. Nursing homes and similar group housing. 4. Elderly (senior citizen) housing. 5. Detached garages and accessory buildings exceeding nine hundred (900) square feet. 6. Essential services exceeding sixty (60) feet in height or greater than one hundred fifteen (115) kilovolts SUBD. 5. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an R-7 District, subject to additional requirements, exceptions and modifications set forth in this Ordinance. Listed are minimum requirements, unless specifically identified as maximum. 1. Lot Area: Ten thousand five hundred (10,500) square feet for up to four (4) units, plus two thousand (2,000) square feet for each additional unit. 2. Lot Width: a. Interior: Seventy-five (75) feet. b. Corner: One hundred (100) feet. 3. Setbacks: Principal Building: a. Front Yard: Thirty (30) feet. b. Side Yard: 1. Interior Lot: a. Single or two-family dwellings: 1 Ten (10) feet. 2. Zero (0) feet if the principal buildings share common walls. b. All other uses: 1. Equal to the height of the building. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: 1. Twenty (20) feet or height of the building, whichever is greater. 2. Zero (0) feet if the principal buildings share common walls Page 2

25 Zoning Districts and Zoning Map Section Page 3 4. Setbacks: Accessory Buildings: a. Front Yard: Accessory buildings shall be located behind the front building line of the principal building and not less than thirty (30) feet from the front property line. b. Side Yard: 1. Interior Lot: Ten (10) feet. 2. Corner Lot: Twenty (20) feet on the side yard abutting onto a public street. c. Rear Yard: 1. Five (5) feet. 2. If entrance is fronting a public right-of-way: Twenty (20) feet. 5. Site Coverage. a. No structure or combination of structures, including detached garages, shall occupy more than sixty (60) percent of the lot area. 6. Placement of Buildings. a. There shall be a minimum of ten (10) feet between principal and accessory buildings (excluding decks). b. There shall be no structures of any kind within any City easement, except if written permission has been granted by the City and the encroachment is in conformance with the City s Easement and Bluff Encroachment Requirements found in Chapter 12 of the City Code, Section Subd 4. EASEMENT AND BLUFF ENCROACHMENT REQUIREMENTS SUBD. 6. BUILDING STANDARDS. 1. Maximum Height: a. Principal Building: Thirty-five (35) feet. b. Accessory Building: Fifteen (15) feet. 2. Floor Area: a. Principal Building Two-Family. 1. Minimum: a. One Bedroom: seven hundred fifty (750) square feet. b. Two Bedrooms: nine hundred sixty (960) square feet. c. Three plus Bedrooms: one thousand forty (1,040) square feet. b. Principal Building Multi-Family. 1. Minimum: a. One Bedroom: seven hundred fifty (750) square feet. b. Two Bedrooms: nine hundred sixty (960) square feet. c. Three plus Bedrooms: one thousand forty (1,040) square feet. c. Garages Page 3

26 Zoning Districts and Zoning Map Section Page 4 1. Minimum - attached: four hundred (400) square feet (new construction). 2. Maximum detached: a. Multiple family must conform with site coverage requirement. d. Accessory Building: 1. Maximum: nine hundred (900) square feet. 3. Garage door height shall not exceed eight (8) feet. 4. Minimum Width and Depth: All dwellings, including manufactured homes, shall have a depth of at least twenty (20) feet for at least fifty (50) percent of their width. All dwellings, including manufactured homes, shall have a width of least twenty (20) feet for at least fifty (50) percent of their depth. 5. Garage floor elevations shall be not less than eighteen (18) inches and not more than thirty-six (36) inches as measured from the top of the curb at the mid-point of the garage to the garage floor at the mid-point of the garage door opening. The minimum slope of the driveway shall be 2% and the maximum slope of the driveway shall be 10%. Exceptions to these standards may be approved by the Zoning Administrator, after consultation with the City or development engineer, for special circumstances such as an increased setback, site topography and flooding potential, provided that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area. (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord , Sect. 1105, Adopted Nov. 7, 2005). (Ord Section 1105, Adopted May 16, 2011). (Ord , Sections 1105, Adopted September 17, 2012.) Page 4

27 Zoning Administration Section Page 3 unless a decision to reconsider such matter is made by not less than two-thirds (2/3) vote of the full City Council SUBD. 4. GENERAL STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT. No Conditional Use Permit shall be granted unless the City Council determines that all of the following general standards will be met. In addition to these general standards, the City Council may impose any other conditions deemed necessary to protect the health, safety and general welfare of the public. 1. The use is consistent with goals, policies and objectives of the Comprehensive Plan. 2. The use is consistent with the intent of this Ordinance. 3. The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements. 4. The use does not have an undue adverse impact on the public health, safety or welfare. 5. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 6. The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 7. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. 8. Adequate measures have been or will be taken to provide for vehicular and pedestrian safety and convenience to, from and within the site. 9. The use meets all of the performance criteria requirements as established in Section of this chapter. 10. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located SUBD. 5. SPECIFIC USE STANDARDS FOR GRANTING OF A CONDITIONAL USE PERMIT. In addition to the General Standards specified in Section Subd. 4, no Conditional Use Permit shall be granted unless the City Council determines that each of the following specific use standards have been met for the following uses: A. Conditional Uses in Residential Districts. The following are conditional uses in the A-2, R-1, R-2, R-3 and R-7 Residential Districts requiring a conditional use permit based upon procedures set forth and regulated by Section of this Ordinance. 1. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City, provided that: a. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met Page 3

28 Zoning Administration Section Page 4 b. Equipment is completely enclosed in a permanent structure with no outside storage. c. Adequate screening from neighboring uses and landscaping is provided in compliance with Section of this Ordinance. 2. Accessory Buildings over nine hundred (900) square feet. a. Building height shall not exceed fifteen (15) feet unless a variance is approved. b. Exterior siding shall compliment the principal structure. 3. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational Institutions limited to elementary, junior high and senior high schools, non-profit organizations serving a charitable educational purpose; and religious institutions such as churches, chapels, temples, synagogues and cemeteries, provided that: a. Side yards shall be double that required for the district, but no greater than twenty (20) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section of this Ordinance. c. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section of this Ordinance. e. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 4. Nursing homes and similar group housing, but not including hospitals or similar institutions, provided that: a. Side yards shall be double that required for the district, but no greater than twenty (20) feet. b. Screening and landscaping is provided in compliance with Section of this Ordinance. c. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. d. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. e. Adequate off-street parking is provided in compliance with Section of this Ordinance. f. Adequate off-street loading and service entrances are provided and regulated where applicable by Section of this Ordinance. 5. Elderly (senior citizen) housing, provided that: a. Not more than ten (10) percent of the occupants may be persons sixty (60) years of age or under. b. There is adequate off-street parking in compliance with Section of this Ordinance. c. Adequate off-street loading and service entrances are provided and 1103 Page 4

29

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