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HomeMy WebLinkAbout2012-003 Council Ordinances1St Reading: 211_341_2 Publication: 3/20/12 Effective: 4/19/12 2nd Reading: 3 1 2/ 1 2 Council Member o' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 3-12 AN ORDINANCE AMENDING SECTION 6 OF THE ZONING ORDINANCE TO REVISE RESIDENTIAL DISTRICT STANDARDS IN ACCORDANCE WITH THE 2030 COMPRHENSIVE PLAN Section 1 Findings Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official City Comprehensive Plan. The purpose of this amendment is to implement portions of the newly adopted 2030 comprehensive plan, and to make minor housekeeping changes as necessary. 2. The proposed use is or will be compatible with present and future land uses of the area. The changes contained within this amendment will increase the compatibility between present and future land uses. 3. The proposed use conforms to all performance standards contained herein. This ordinance will reflect the goals of the comprehensive plan and will establish performance standards for residential development within the city. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed amendment will require the city's service capacities to be considered when developing residential properties, and is based on the 2030 comprehensive plan which appropriately considers service capacity. 3 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed amendment will not affect traffic generation, as the properties it will be applied on are already guided by the comprehensive plan for residential development of varying density. The Lino Lakes Planning & Zoning Board held a public hearing on the amendment on August 10, 2011, and unanimously recommended approval of the amendment. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 6 of the Zoning Ordinance be amended per attachment A of this ordinance. Section 3 Zoning Ordinance and City Code Stand as Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and - ge and publication according to the Lino Lakes City Charter. t Attes c_. 1 lianne Bartell, ity rk er its pa Jeff Reinert, ay.r Adopted by the Lino Lakes City Council this 12th day of March 2012. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: The Fol Fowlri'gPV8t@dReava,sa :ferty, Stoesz, Reinert none Whereupon said ordinance was declared duly passed and adopted. 4 ATTACHMENT A SECTION 6. RESIDENTIAL DISTRICTS Subd. 1. R-1, Single Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sanitary sewer and water. Land to be zoned R-1 shall be served with public sanitary sewer and water: shall be in a Low Density Residential land use category according to the comprehensive plan: and development density shall be consistent with that land use category. Lot and Yard Requirements. 1. Minimum Lot Size. Ten thousand eight hundred (10,800) square feet contiguous buildable land as defined by Section 1, Subd. 2.B. 2. Minimum Lot Width. a. Interior Lots. Eighty (80) feet. b. Corner Lots. One hundred (100) feet. c. Lots of one and one-half (1.5) acres recorded prior to 22 February 1988 may be resubdivided in accordance with the following: 1) Interior Lots. Seventy-five (75) feet. 2) Corner Lots. Ninety-five (95) feet. 3. Minimum Lot Depth. One hundred thirty-five (135) feet. a. Double Frontage Lots. One hundred forty-five (145) feet. 4. Building Setbacks. (Thc greater of the following) a. From Streets (Principal and Accessory Buildings)- 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. 5. Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen (15) foot buffer in accordance with Section 3.Subdivision 4.Q. C. Impervious Surface Coverage. The impervious surface of the property shall not exceed forty percent (40%). In no event shall off-street parking space, structures of any type, buildings, or other features cover more than sixty five (65) percent of the lot are in.g in less than thi-rty five (35) percent pervious landscaped area. D Building Requirements. 1. The minimum footprint, less garage area, for a single family dwelling unit The A Oil Am 11. ma building dimensions shall be as follows: 3 Bedroom Rambler 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level - 3 level minimum Two Story 1,050 square feet 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet 2. All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3 All dwellings shall have a double garage at a minimum. 4 All dwellings shall comply with the Design and Construction Standards of Section 3, Subd. 4.B. E. Height Regulations. No building shall be erected or structurally altered to exceed thirty-five (35) feet in height.- except as allowed by Section 3, Subd. 4.C. F Sanitary Sewer. No R-1 subdivision creating a lot Tess than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. Permitted Uses. In the R-1 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (serving fourteen (14) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 3. Public parks. 4. Single family detached dwellings. 5. State licensed residential care facility serving six (6) or fewer persons. 6. Community Gardens operated by the city. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-1 District: 1. Accessory apartments as regulated by Section 3, Subd. 1-09. of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D of this Ordinance. 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking spaces and car ports for licensed and operable passenger cars and trucks. 7. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8. Parking of Rrecreational vehicles and equipment per Section 3, Subd.-4,P 5.K. of this Ordinance. 9. Signs, as regulated by .,: Chapter 1010 of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience use of the residents of the principal use and their guests- as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. 1. Conditional Uses. The following are conditional uses in the R-1 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Cemeteries provided that: a. At minimum, the site accesses on a collector street. b. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with Section 3, Subd. 4.0 of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. c. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. d. The site must be accessed via a collector street or arterial street. 3 Day care facilities {exceeding serving more than fourteen (14) persons) provided that: a. Day care facility has access to municipal sewer and water. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4. Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Side yards shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q 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 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.Q of this Ordinance. 5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. J. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. 3. Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. 4. Transient Merchants. K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-1 District and governed by Section 2, Subd. 2. of this Ordinance. 1. None. Subd. 2. R -1X, Single Family Executive Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. Land to be zoned R-1 X shall be served witi public sanitary sewer and water; shall be in a Low Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. B. Lot and Yard Requirements. 1. Minimum Lot Size. Twelve thousand eight hundred twenty-five (12,825) square feet contiguous buildable land as defined by Section 1, Subd. 2.B of this Ordinance. 2 Minimum Lot Width. a. Interior Lots. Ninety (90) feet. b. Corner Lots. One hundred fifteen (115) feet. 3 Minimum Lot Depth. One hundred thirty-five (135) feet. a. Double Frontage Lots. One hundred forty-five (145) feet. 4 Building Setbacks. (The greater of the following) a. From Streets (Principal and Accessory Buildings). 1) Local Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. b Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. 5. Buffer. Any property adjacent to a collector or arterial street shall provide a fifteen (15) foot buffer in accordance with Section 3.Subdivision 4.Q. C. Impervious Surface Coverage. The impervious surface of the property shall not exceed forty percent (40%). In no event shall off street parking space, structures of D. Building Requirements. 1. The minimum footprint, less garage area, for a single family dwelling unit Tho nsions shall be as follows: Rambler 1-1/2 Story Split Foyer/Entry Split Level - 3 level minimum Two Story 1,260 square feet 1,092 square feet 1,248 square feet 1,248 square feet 1,040 square feet 2. All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 3. All dwellings shall have a double garage of a minimum six hundred (600) square feet. 4. All dwellings shall comply with the Design and Construction Standards of Section 3, Subd. 4.B. E. Height Regulations. No building shall be erected or structurally altered to exceed thirty-five (35) feet in height.- except as allowed by Section 3. Subd. 4.C. F. Sanitary Sewer. No R -1X subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. Permitted Uses. In the R -1X District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (serving fourteen (14) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 3. Public parks. 4. Single family detached dwellings. 5. State licensed residential care facility serving six (6) or fewer persons. 6. Community Gardens operated by the city. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -1X District: 1. Accessory apartments as regulated by Section 3, Subd. 109. of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D of this Ordinance. 3. Fences, as regulated by Section 3, Subds. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking spaces and car ports for licensed and operable passenger cars and trucks. 7 Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or Tess in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd15 of this Ordinance. 8. Parking of Rrecreational vehicles and equipment per Section 3, Subd. 1,P 5.K. of this Ordinance. 9. Signs, as regulated by Appendix CChapter 1010 of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience use of the residents of the principal use and their guests.- as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. Conditional Uses. The following are conditional uses in the R -1X District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Cemeteries provided that: a. At minimum, the site accesses on a collector street. b. Where abutting a rural or residential zoning district, the periphery of the site shall be screened in accordance with Section 3, Subd. 4.Q of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. c. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. d. The site must be accessed via a collector street or arterial street. 3. Day care facilities { serving more than exceeding fourteen (14) persons) provided that: a. Day care facility has access to municipal sewer and water. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4. Public, Educational and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Side yards shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q 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 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.Q of this Ordinance. 5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. J. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. 3. Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. 4. Transient Merchants. K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R -1X District and governed by Section 2, Subd. 2. of this Ordinance. 1. None. Subd. 3. Left blank intentionally A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The R -EC District intended for development of single family detached homes on lots served with public sewer ancl-wat.. B. Information Requirement. As a means of fulfilling the purpose of the R EC District, the following information shall be submitted: 1. Resource Inventory. An inventory of existing property resources (Le., topography, i . • •414 VP 41 .44 4V VP . Ordinance. • i1 a s- a s A 444 IV 2. Yield Plan. A plan showing the maximum number of dwelling units that would be permitted upon the property under conventional R EC zoning requirements with lots having fifteen thousand (15,000) square feet of buildable land and a one hundred (100) foot lot width, as required by Section 1003 1 3 of the Subdivision Ordinance. 3. Conservation Preliminary Plat. A plat that reflects the densities of the yield plan while preserving natural resources and -open space. The plat shall demonstrate that when smaller lots are created through the flexibility allowed below, the result is a gain in the preservation of open space. C. Lot and Yard Requirements. To maintain the densities of the yield plan while incorporating natural resources and open space, the following lot area and width 1. Minimum Lot Area. Fifteen thousand (15,0OO) square feet average buildable land`. For any subdivision in an R EC District, no lot shall be less than ten thousand eight f i. Ai 414 •: • e i A Ai A *.• • a i is • a • I •.' _'. tots in the subdivision shall be equal to or greater than fifteen thousand (15,000) square feet in area. 2. Minimum Lot width. Ninety (90) feet average*. For any subdivision in an R ED District, no lot shall be less than eighty (80) feet in width, and no fewer than thirty (30) * Averaging of lot area, lot width, or setback dimensions shall be considered to be the arithmetic mean, not the median. For example, lot widths in a five lot subdivision could be 80 feet, 80 feet, 85 feet, 90 feet, and 115 feet: (8,0+80+85+90+115-450 feet, divided by 5-90 feet average lot width, with 30 percent of the Tots (2 of 5) 90 feet or more in width). 3. Setbacks. (The greater of the following:) From Strcetr v. 1) Local Street. Twenty five (25) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Rear Yard. 1) Principal Building_ Thirty (30) feet. 2) . Five (5) feet. Accesso Buildin• c. Side Yard. 1) Principal Building_ Ten (10) feet. 2) Accessory Building. Five (5) feet. Impervious Surface Coverage. In no event shall off street parking space, E. Building Standar. 1 Building Materials. No less than twenty (20) percent of the front building facade of 2. ara. e Size. A double shall be constructed as a part of any single family home. 3. Gara•e Frontal, e. From side building line to side building linc of any single family structure, no more than forty (10) percent of such building width shall consist of garage ten (10) feet in back of the front building line of the principal use. �. Garage Location. No portion of any garage space may be more than five (5) feet 5. Building Size. building dimensions shall be as follows: Rambler 1 1/2 Story 1,260 square feet Split Foyer/Entry 1,092 square feet 1,218 square feet Split Level 3 level minimum 1,248 square feet Two Story 1,01-0 square foot F. Height Regulations. No building shall be erected or structurally altered to exceed thirty five (35) feet in height. G. Local Street Requirements. In the R EC District, local street rights of way shall not be le •. _ - - -i. Permitted Uses. In the R EC District, no building or land shall be used and no 1. Common open space. Day care facilities (fourteen (14) or fewer persons). health, safety and general welfare of the City. 4. Public/private parks. 5. Single family detached dwellings. 6. State licensed residential care facility serving six (6) or fewer persons. 7. Community Gardens operated by the city. [ Accessory Uses. Subject to applicable provisions -of this Ordinance, the following 1 Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 2. Accc Cory buildings including garages, tool houses, sheds and similar buildings for Ordinance. /1. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non commercial greenhouses provided they do not exceed two hundred (200) square feet in arca. • 7 Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance. 9. Signs, as regulated by Appendix C of the City Code. 10. Swimming pools, sport courts, and other recr ational facilities which are operated J. Conditional Uses. The following are conditional uses in the R EC District: These Section 2, Subd. 2 of this Ordinance. 1. Cemeteries provided that: a. At minimum, the site accesses on a collector street. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: b. Not more than five (5) percent of the land arca of the site be covered by buildings or structures. screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. 3 Day care facilities (exceeding fourteen (11) persons) provided that: Ordinance. c. All day care facility operations comply with the minimum requirements of the a. Side yards shall not be Tess than fifty (50) feet. c. Adequate off street parking and access is provided on the site or on lots direct! y 5. Home Occupation Level C as regulated by Section 3, Subdivisio� n—gf this Ordinance. Administrator: 1. Personal wirclec• service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Ordinance. 3. Open Air Market accessory to an institutional use and limited in arca to 25% of the �! Transient Merchants. �. Interim Uses. Subject to applicable provisions of this Ordinance, the following are 1 None. Subd. 4. R-2, Two Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single and two family detached homes on Tots served with public sewer and water: no land shall be zoned R-2 unless the site is within the MUSA and city sanitary sewer and city water are available. Land to be zoned R 2 buildable area. Land to be zoned R-2 shall be served with public sanitary sewer and water; shall be in a Low Density Residential or Medium Density Residential land use category according to the comprehensive plan; and development density shall be consistent with the land use category. B. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by Section 1, Subd. 2.B. a. Two Family. 1) Base Lots. Fifteen thousand (15,000) square feet. 2) Unit Lots. Seven thousand five hundred (7,500) square feet. b. Single Family. Seven thousand five hundred (7,500) square feet. Ten thousand eight hundred (10,800) square feet. 2. Minimum Lot Width. a. Two Family. 1) Base Lots. One hundred (100) feet. 2) Unit Lots. Fifty (50) feet. b. Single Family. 1) Interior Lots. Sixty (60) Eighty (80) feet. 2) Corner Lots. Eighty (80) One hundred (100) feet. 3. Minimum Lot Depth. One hundred -#44y twenty-five (435125) feet. a. Double Frontage Lots. One hundredy thirty-five (145135) feet. 4. Building Setbacks. {The greater of thc following:) a. From Streets (Principal and Accessory Buildings). 1) Local Street. Thirty (30) Twenty-five (25) feet. 2) Collector or Arterial Street. Forty (40) feet. b. Rear Yard. 1) Principal Building. Thirty (30) Twenty-five (25) feet. 2) Accessory Building. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. d. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of a two family dwelling unit. 5. Buffer. Where a side or rear lot line abuts a collector or arterial street a fifteen (15) foot wide buffer shall be provided in accordance with Section 3.Subdivision 4.Q. C. Impervious Surface Coverage Area. The impervious surface of the property shall not exceed forty percent (40%) in a Low Density Residential land use area, or fifty percent (50%) in a Medium Density Residential land use area. In no event shall D. Building Design Standards. 1. Floor Area. The minimum floor footprint area, less garage area, for single and two family dwelling units. mcasured using thc outside building dimcnsions shall be as follows: a. Single Family Dwellings. 3 Bedroom Rambler 1,050 square feet 2 Bedroom Rambler 1-1/2 Story Split Foyer/Entry Split Level — 3 level minimum Two Story 1,010 square feet 980 square feet 980 square feet 980 square feet 850 square feet b. Two Family Dwellings. Eight hundred (800) square feet first floor above grade, plus one hundred (100) additional square feet- for each bedroom. G2. All dwellings without basements in this district shall be required to provide an additional one hundred (100) square feet of floor area to house utilities. 23. Garages. All single family dwellings shall have a double garage and shall comply with the following: a. Compliance with the Building Type and Construction Standards of Section 3. Subdivison 4.B, and b. All garages, except side or rear loaded garages, shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 8 feet in depth, and extends across 100 percent of the front fagade of the house. The garage shall then not protrude forward of the front porch, and c. If the garage door faces the street, the length of the garage wall facing the street shall not be greater than fifty percent (50%) of the length of the entire front facade of the structure; except on houses that comply with all of the following conditions: 1) The second floor living space extends over the two -car portion of the garage; and 2) The garage doors are decorative and have a strip of windows; and 3) Garages in excess of two stalls shall be broken up so the additional stalls are recessed four feet from the main garage facade; and 4) Garage width does not exceed 32 feet. 4 All two family dwellings shall comply with the Design and Construction Sstandards of Section 3, Subd. E. Height Regulations. No two family dwelling shall hereafter be erected or structurally altered to exceed thirty-five (35) feet in height. F. Sanitary Sewer. No R-2 subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. G. Permitted Uses. In the R-2 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities ( serving sixteen (16) fourteen (14) or fewer persons}. 2. Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the City. 3. Public parks. 4. Single family detached dwellings. 5. State licensed residential care facility servisinj a sixteen (16) or fewer persons. 6. Two family dwellings. 7. Community Gardens operated by the city. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-2 District: 1. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D. of this Ordinance. 2. Accessory apartments within single family homes as regulated by Section 3, Subd. 10 9 of this Ordinance. 3. Fences per Section 3, Subd. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking and car ports for licensed and operable passenger cars and trucks. 7 Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or Tess in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8 Parking of Rrecreational vehicles and equipment per Section 3, Subd.-4,-R.- 5.K. ubd.-4-P5.K. of this Ordinance. 9. Signs as regulated by Appendix CChapter 1010 of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests- as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. Conditional Uses. The following are conditional uses in the R-2 District: These uses require a conditional use permit based on the criteria and procedures outlines in Section 2, Subd. 2 of this Ordinance. 1. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. c. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. d The site shall be accessed via a collector street or arterial street. 2 Day care facilities (exceeding_ fourteen serving more t- an sixteen (4415) persons) provided that: a. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. b Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 3. Planned unit development residential regulated by Section 2, Subd. 10 of this Ordinance. 34. Public, educational, and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q of this Ordinance. c. Adequate off-street parking and access is provided on the site or on Tots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.Q of this Ordinance. 5/1 Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. J. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. 3. Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. 4. Transient Merchants. K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-2 District and governed by Section 2, Subd. 3 of this Ordinance: 1. None. Subd. 5. R-3, Medium Density Residential District. A. Purpose. This district is intended to provide setting for multiple family structures of up to eight (8) dwelling units per building in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas. No land shall be zoned R 3 unles& 411111 . . . - 1 1 1 .. a Land to be zoned R-3 shall be served with public sanitary sewer and water; shall be in a Medium Density Residential land use category according to the comprehensive plan; and development density shall be consistent with that land use category. B. Processing. Full compliance with this section, other applicable provisions of this Ordinance, and the City's Subdivision Ordinance provides an alternative to the processing of a planned development overlay for lots with more than one (1) principal structure and/or use. Subdivision and administrative review requirements, a.or t....:> _ .. a .: a s: M•:.. - shall be based on the buildable area. DB. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by Section 1, Subd. 2.B. a. Base Lots. 1) Two Family Dwellings. Fourteen thousand (14,000) square feet. 2) Townhomes/Quadraminium and Other Multiple Family Dwellings. Twenty four thousand (24,000) square feet. b Unit Lot. The minimum unit lot requirements for two family porches of the individual dwelling units. 2. Minimum Lot Width. a. Base Lots. One hundred (100) feet. b. U 3. Minimum Lot Depth. There is no minimum lot depth in the R-3 zoning district. 34. Building Setbacks. (The greatcr of the following:) a. From Streets (Principal and Accessory Buildings). 1) Residential Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. 3) Parking Lot from street. Fifteen (15) feet. b. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. d. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of multi -family dwelling units. e. From Low Density Residential. Principal buildings shall be a minimum of thirty-five (35) feet from any land guided for low density residential. 5. Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance with Section 3.Subdivision 4.Q. €C. Impervious Surface Coverage Area. The impervious surface of the property shall not exceed fifty percent (50%) in a Medium Density Residential land use area, or sixty-five percent (65%) in a High Density Residential land use area. In no event cover more than sixty five (65) percent of the lot arca resulting in less than thirty five (35) percent pervious landscaped arca. the height of thirty six (36) feet in height . GD. Building Design Standards. 1. Floor Area. The minimum livable floor area for each multiple family dwelling unit shall be seven hundred (700) square feet plus one hundred (100) additional square feet for each bedroom. Efficiency Unit One Bedroom Unit Two Bedroom Unit Three Bedroom Unit Four Bedroom Unit 690 square feet 800 square feet 920 square feet 1,010 square feet 1,160 square feet bred fifty (150) square feet per unit. - - e 2. Utility Area. Dwellings with dedicated individual access shall be required to provide an additional one hundred (100) square feet of floor area to house utilities, unless a basement is present. Dwellings with shared access shall be required to provide adequate floor area within the building to house utilities. 3. All dwelling units shall have parking provided in accordance with Section 3. Subdivision 5.F All two family dwellings, townhomes, and multiple family dwellings shall comply with the Design and Construction Standardsrequirements of Section 3, Subd. 4.B.2 and 4.B.3. 3. Buffer. Whcre a side or rear lot line in an R 3 District abuts an R, R X, R 1, R 1X, R EC, or R 2 District, or public road right of way, a landscape buffer or rear lot line and shall contain landscaping, planting, berming or other screening suitable to provide an effective visual screen. E. Height Regulations. No building shall be erected or structurally altered to exceed the height of the greater of three stories or thirty-six (36) feet in height except as allowed by Section 3, Subd. 4.C. F. Sanitary Sewer. No R-3 subdivision creating a lot of less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. #G. Permitted Uses. In the R-3 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (serving sixteen (16) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 3. Multiple dwellings containing eight (8) units or less. 4. Public parks. 5. State licensed residential care facility serving sixteen (16) or fewer persons. 6. Townhomes and quadraminiums. 7. Two family dwellings. 8. Community Gardens operated by the city. IH. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-3 District: 1. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D. of this Ordinance. 2. Fences per Section 3, Subd. 4.R of this Ordinance. 3. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 4. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 5. Parking and car ports for licensed and operable passenger cars and trucks. 6. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 7 Parking of Recreational vehicles and equipment per Section 3, Subd. 4.P 5.K. of this Ordinance. 8. Signs as regulated by Appendix C Chapter 1010 of the City Code. 9 Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests: as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. JI. Conditional Uses. The following are conditional uses in the R-3 District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. c. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. d. The site shall be accessed via a collector street or arterial street. 2. Day care facilities (exceedingserving more than sixteen (16) persons) provided that: a. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 3._ Planned unit development residential regulated by Section 2, Subd. 10 of this Ordinance.. 43. Public, educational and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q of this Ordinance. c. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3. Subd. 4.Q of this Ordinance. 54. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. 14J. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. 3. Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. 4. Transient Merchants. LK. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-3 District and governed by Section 2, Subd. 3 of this Ordinance. 1. None. Subd. 6. R-4, High Density Residential District. A. Purpose. This district is intended to provide setting for multiple family housing in areas that have good thoroughfare access, have proper relationship to other uses, and are accessible to major activity centers, recreation areas and shopping areas. sewer and city water are available. Land to be zoned R-4 shall be served with public sanitary sewer and water; shall be in a High Density Residential land use category according to the comprehensive plan: and development density shall be consistent with that land use category. B Processing. Full compliance with this section, other applicable provisions of this Ordinance, and the City's Subdivision Ordinance provides an alternative to the processing of a planned development overlay for lots with more than one (1) principal structure and/or use. Subdivision and administr as applicable, shall however remain in full force and effect. be based on the buildable area. DB. Lot and Yard Requirements. 1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as defined by Section 1, Subd. 2.B. a. Base Lots. 1) Two Family. Twelve thousand (12,000) square feet. 2) Townhome/Quadraminium and Other Multiple Family Dwellings. Twenty thousand (20,000) square feet. b Unit Lot. The minimum unit lot requirements- for two family dwellings, townhomes, and quadraminiums shall be the minimum 2. Minimum Lot Width. a. Base Lots. One hundred (100) feet. b. Unit Lot. Twenty four (24) feet. 3. Minimum Lot Depth. There is no minimum lot depth in the R-4 zoning district. 43. Building Setbacks. (The greater of the following:) a. From Streets. 1) Residential Street. Thirty (30) feet. 2) Collector or Arterial Street. Forty (40) feet. 3) Parking Lot From Street. Fifteen (15) feet. b. Rear Yard. 1) Principal Building. Thirty (30) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. c. Side Yard. 1) Principal Building. Twenty (20) feet. 2) Accessory Building. Five (5) feet. 3) Parking Lot. Five (5) feet. d. Zero Lot Line. Side yard setback requirements shall not be applied to a common wall of multi -family dwelling units. e. From Low Density Residential District. Principal buildings shall be a minimum of thirty-five (35) feet from any land guided for low density residential. 5. Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a fifteen (20) foot wide buffer shall be provided in accordance with Section 3.Subdivision 4.Q. C. Impervious Surface Coverage Area. The impervious surface of the property shall not exceed sixty-five percent (65%). In no event shall off street parking space, percent of the lot arca resulting in less than thirty five (35) percent pervious Landscaped area. 1 F. Height Regulation. No R 4 multiple family dwelling building shall exceed four (4) permit. GD. Building Design Standards. 1. Floor Area. The minimum livable floor area for each multiple family dwelling unit shall be seven hundred (700) square feet plus one hundred (100) additional square feet for each bedroom. 2. Utility Area. Dwellings with dedicated individual access shall be required to provide an additional one hundred (100) square feet of floor area to house utilities, unless a basement is present. Dwellings with shared access shall be required to provide adequate floor area within the building to house utilities. 3. AH dwellings shall provide parking in accordance with Section 3. Subdivison 5.K. 4. All two family dwellings, townhomcs and multiple family dwellings shall comply with the Design and Construction Standards requirements of Section 3, Subd. 4.B.`' and 4 R 1 3. Buffcr. Wherc a side or rear lot line in an R 4 District abuts an R, R X, R 1, E. Height Regulation. No building shall be erected or structurally altered to exceed forty-five (45) feet in height—or, for a multiple dwelling building, the greater of four (4) stories or forty-five (45) feet—except as allowed by Section 3, Subd. 4.C. F Sanitary Sewer. No R-4 subdivision creating a lot less than ten (10) acres shall be permitted in this district without public sanitary sewer and water. HG. Permitted Uses. In the R-4 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities {serving sixteen (16) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 3. Multiple family dwellings. 4. Public parks. 5. State licensed residential care facility serving sixteen (16) or fewer persons. 6. Townhomes and quadraminiums. 7. Two family dwellings. 8. Community Gardens operated by the city. 1H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-4 District: 1. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D. of this Ordinance. 2. Fences per Section 3, Subd. 4.R of this Ordinance. 3. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 4. Non-commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 5. Parking and car ports for licensed and operable passenger cars and trucks. 6. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 7 Parking of Rrecreational vehicles and equipment per Section 3, Subd. 1.P S.K. of this Ordinance. 8. Signs as regulated by Appendix CChapter 1010 of the City Code. 9. Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests- as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. dl. Conditional Uses. The following are conditional uses in the R-4 District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Clinics, hospitals and nursing homes provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 3, Subd. 4.Q of this Ordinance. b. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 3, Subd. 4.Q 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 signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. e. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. f. Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. g• Adequate off-street loading space is provided in compliance with Section 3, Subd. 6. of this Ordinance. 2. Commercial outdoor recreational areas including golf courses, country clubs, driving ranges, swimming pools, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. Not more than five (5) percent of the land area of the site be covered by buildings or structures. c. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. d. The site shall be accessed via a collector street or arterial street. 3. Day care facilities (exceeding serving more than sixteen (16) persons) provided that: a. Such day care facility has access to municipal sewer and water or has adequate private sewer and water to protect the health and safety of all persons who occupy the facility. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. 4 Funeral homes and mortuaries provided that: 5 a. The site and related parking and service entrances are served by an arterial or collector street or sufficient capacity to accommodate the traffic which will be generated. b Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. c. Adequate off-street loading is provided in compliance with Section 3, Subd. 6. of this Ordinance. d Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. e When abutting residential zoning districts, a buffer area with screening and landscaping in compliance with Section 3, Subd. 4.Q of this Ordinance shall be provided. f All signing and information or visual communications devices shall be in compliance with Appendix C of the City Code. Multiple family dwellings greater than four (4) stories or forty-five (45) feet in height provided that: a The architectural appe-arance of the bu-ilding shall not be so dissimilar to the existing neighboring buildings as to cause impairments in a • al— r e e r s. AIL distance of the lot. AL A 481, — .111•e e • 411a Al • • s s 0 ank b. For each d ti r-ai five (5) feet i al4owable, actu-a-1, roof height as c-a-lculated by the Building Code, which is above the maximum building height allowed by the respective zoning district; front and side yard setback requirements shall be incr-ased by one (1) foot. c. The construction does not limit solar access to abutting and/or neighboring properties. 6. Planned unit development residential regulated by Section 2, Subd. 10 of this Ordinance. 75. Public, educational and religious buildings, public or semi-public recreational buildings and neighborhood or community centers limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques, and synagogues provided that: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q of this Ordinance. c. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3. Subd. 4.Q of this Ordinance. 86. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. KJ. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed in the R-4 District by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. 3. Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building. 4. Transient Merchants. LK. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-4 District and governed by Section 2, Subd. 3 of this Ordinance. None. Subd. 7. R-6, Manufactured Home Park District. A. Purpose. This district is intended to provide opportunities whereby manufactured housing may be located on a leased or rented site in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured home parks are required to conform to the provisions of this section and other appropriate sections of this Ordinance. Land to be zoned R-6 and any new manufactured home park shall be served with public sanitary sewer and water: and the density of the park shall be consistent with the land use category according to the Comprehensive Plan. No new I ll be zoned R 6, Manufactured Home Park District unless the site or available. B. Lot and Yard Requirements. 1. Minimum Park Size. Five (5) acres. 2. Minimum Lot or Site Size. Six thousand (6,000) square feet per unit exclusive of roadways, walkways or other property used for park purposes. 3. Minimum Lot or Site Width. Sixty (60) feet measured at right angles to its side lines. 4. Setbacks. (The greater of the following:) a From Public Streets. 1) Local Street. Thirty (30) feet. 2) Collector Street. Forty (40) feet. b Front Yard. 1) Private Park Street. Twenty (20) feet. 2) Common Park Walk. Ten (10) feet. c. Rear Yard. Ten (10) feet. d. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may be reduced to zero, if it is part of an overall park plan to maximize private yard space for each unit. This zero side yard setback allowance will only be permitted if the distance to the manufactured home that shares that side lot line is at least thirty (30) feet in distance. e. There shall not be less than twenty (20) feet of space between manufactured homes in all directions. f. From Low Density Residential. Principal buildings shall be a minimum of thirty-five (35) feet from any land guided for low density residential. R, R X, R 1, R 1X, R EC, R 2, R 3 R Zonin Districts. Thirty (30) feet. 5. Buffer. Where a side or rear lot line abuts land guided for low density residential, a collector street, or an arterial street a twenty (20) foot wide buffer shall be provided in accordance with Section 3.Subdivision 4.Q. C. Park Requirements. 1. Skirt. All manufactured homes shall have skirts around the entire unit made of metal, plastic, fiberglass or comparable, non-combustible material approved by the Building Official and shall be finished to be harmonious with the manufactured home so that it will enhance the general appearance thereof. 2. Parking. The parking of more than one (1) manufactured home on any single lot shall not be permitted. 3. Fire Protection. Fire protection shall be in accordance with Minnesota Health Department Rule 187 Fire Protection Regulations. Each occupied manufactured home shall be equipped with a Fire Marshal approved type extinguisher in usable condition. The occupant of a manufactured home shall be responsible for providing such extinguisher. 4. Support and Tie Down Systems. The Minnesota Department of Administration Building Code Division Rules for Manufactured Home Support and Tie Down Systems, authorized by Minnesota Statutes Section 327.31 to 327.34, are hereby adopted by reference and made a part of this Ordinance as if fully set forth herein. All new and relocated manufactured homes shall be equipped with an anchoring and support system as defined and approved by state rules. 5. Construction Material Storage. All construction materials not currently in use for construction shall be stored indoors, or totally screened from the eye level view from public streets and adjacent properties. 6. Drainage. Every manufactured home park shall be located on a well drained area and the premises shall be properly graded so as to prevent the accumulation of storm or other waters. 7 Common Walks. Where deemed necessary, common walks shall be provided. Such walks shall be a minimum width of three (3) feet. 8. Individual Walks. All manufactured homes shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet. 9. Patio. A patio may be constructed on the ground beside each manufactured home parking space; this patio shall be not greater than one hundred fifty (150) square feet in area and constructed of concrete with a minimum thickness of four (4) inches or approved equal. 10. Shade Tree. At least one (1) shade tree (minimum diameter two (2) inches at time of planting) shall be placed and maintained on each site or lot. 11. Landscaping. Except for the areas used for the manufactured home, patio, walkways and off-street parking space, the entire site or lot shall be sodded, seeded or adequately landscaped. 12. ScrecninQ Where a manufactured home park site abuts upon a R, R X, R ••e 1312. Street Access. Each unit shall abut on and have access to a street. This street shall be constructed according to standards approved by the City. 4413. Curbing. A concrete curb and gutter shall be constructed on each side of the street and the face of its curb shall be at least fifteen (15) feet from the centerline of said street; the design shall be of a type approved by the City. 1514. Speed Limit. Speed limit signs shall be clearly posted throughout the manufactured home park. Ten (10) miles per hour shall be the maximum speed posted. 1615. Parking. a. Each manufactured home site shall have off-street parking space paved with concrete and/or bituminous for two (2) automobiles. b. Each manufactured home park shall maintain a hard surfaced off- street parking lot for guests of occupants of at least one (1) space for each five (5) manufactured home lots. c. Access drives off roads to all parking spaces and manufactured home lots shall be surfaced with concrete or bituminous according to specifications established by the City. d. There shall be a separate area of storage provided for boats, boat trailers, travel trailers, etc. The area shall be located away from any public road and shall be fenced and screened from view of public road and adjacent properties. 1716. Utilities. a. All manufactured homes shall be served by a central water and sanitary sewer system. b. All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. c. Access in the skirting shall be provided to allow the inspection of plumbing, electrical facilities and related manufactured home equipment. d. Water facilities, sewage disposal and street lighting shall be installed and maintained by the owner of the manufactured home park and shall meet all appropriate standards established by the City. 1817. Street Lighting. The park shall have a street lighting plan approved by the City. 4-918. Accessory Buildings. Any accessory building for outside storage of equipment or refuse shall be constructed of weather resistant material and be finished in a manner conforming with the appearance of the principal dwelling and shall be consistent in appearance with the other accessory buildings in the manufactured home park. 2019. Community Building. All manufactured home parks may have a central community building with laundry drying areas and washing machines. 2120. Emergency Storm Protections. Manufactured home parks established prior to 1 July 1993 shall comply with emergency room protections as required by Minnesota Statutes. A new manufactured home park established after 1 July 1993 shall have storm shelters in compliance with Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council. 2221. Recreational Space. All manufactured home parks shall have at least ten (10) percent of the land area developed for recreational use (sport courts, children's play equipment, swimming pool, golf green, etc.) developed and maintained at the owner's expense. 2322. Refuse Handling. The handling of refuse shall be in compliance with the applicable provisions of Section 3, Subd. 4.E of this Ordinance. The refuse handling shall be allowed provided such equipment is screened from adjacent uses, and all public and private street rights-of-way. D Permitted Uses. In the R-6 District, unless otherwise provided in this Ordinance, no building or land shall be used and no building shall be erected or structurally altered except for one or more of the following uses: 1. Community/recreation buildings. 2. Manufactured homes. 3. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15. of this Ordinance. 4. Community Gardens operated by the city. 5. Day care facilities serving fourteen (14) or fewer persons. 6. State licensed residential care facility serving six (6) or fewer persons. E Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R-6 District: 1. Accessory buildings, including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D. of this Ordinance. 2. Civil defense buildings/storm shelters. 3. Community laundry facilities, park office, recreational building(s) provided such structures are of a permanent nature and comply with the provisions of the State Building Code. 4 Fences per Section 3, Subd. 4.R of this Ordinance. 5. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 6. Signs as regulated by Appendix C Chapter 1010 of the City Code. 7 Swimming pools, sport courts, and other recreational facilities which are operated for the use of the residents of the principal use and their guests- as regulated by Section 3, Subd. 4.D. This does not include racing/riding courses for off-road vehicles. F. Conditional Uses. The following are conditional uses in the R-6 District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. None. Day care facilities serving more than fourteen (14) persons provided that: a. Day care facility has access to municipal sewer and water. b. Screening is provided along shared property boundaries. Such required fencing and screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. All day care facility operations comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. G. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed in the R-6 District by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 2. Transient Merchants. H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the R-6 District and governed by Section 2, Subd. 3. of this Ordinance. 1. None. Review and Approval Procedures. No person shall establish, develop, extend or enlarge a manufactured home park within the City of Lino Lakes without first obtaining site plan approval from the City Council with review by the Planning and Zoning Board. Approval shall be granted only upon compliance with all of the following: 1. Planning and Zoning Board Review. The Planning and Zoning Board shall review all applications for manufactured home parks and may shall hold public hearings as deemed necessary or proper. The findings and recommendations of the Planning and Zoning Board shall be forwarded to the City Council for action. 2. Approval or Denial. The City Council shall consider and act on the application for site plan approval. Approval shall be granted only upon compliance with all of the procedures and requirements established in this section ordinance. 3. Submission Requirements. Submission for manufactured home park approval shall include the following: a. All submittal requirements for a zoning amendment and/or conditional use permit, as appropriate, required by Section 2. If the site is to be subdivided, the submittal also must comply with the requirements of Chapter 1001 of the City Code. followir eh pt fpeccs. 2) Locations for roads and driveways. /I) Proposed disposition of surface drainage. 5) Proposed street surfacing and lighting. 6) Off street parking. 7) Patios. 8) Location of community building. 9) Location of recreation facilities. 10) Location of sidewalks. 11) Location of setback lines. 13) Any other information requested by the City Council. b. Twenty (20) copies of detailed plans for construction and site requirements established in this Ordinance. Proof of Agency Review. The applicant shall provide proof that the plans submitted have been approved by the State of Minnesota Department of Health, and have satisfied all other federal, state, county, city and watershed district laws and regulations. 4. Compliance with Ordinance. The Building Official is hereby authorized and 41. compliance with this Ordinance, including the power to enter at -reason -able times upon any private or public property for said purposes. Access. It shall be the duty of the park owner to give the Building Inspector free access to all lots at reasonable times for the purposes of inspection. Building Official. 1. Installation Permit. No manufactured home shall be installed without having Building Official. appropriate requirements. 3. Permit Issuance. Upon approval, the Building Official shall issue a certificate of occupancy to the installer. Permit shall state the date of home. CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Paul Bengtson MEETING DATE: March 12, 2012 TOPIC: i. Second Reading of Ordinance Number 3-12 ii. Resolution 12-16 - Summary for Publication Amending the residential zoning districts within the Zoning Ordinance VOTE REQUIRED: 4/5 (3/5 for summary resolution) INTRODUCTION The newly adopted 2030 Comprehensive Plan established new policies for how residential development will occur in Lino Lakes. The zoning ordinance is an important element in the implementation of such policies, and many amendments will be required to bring the zoning ordinance in alignment with the 2030 Comprehensive Plan. In addition, a number of housekeeping and procedural items have been identified by city staff and should also be addressed at this time. BACKGROUND Section 6 of the Zoning Ordinance contains all of the basic requirements for the Residential Zoning Districts within the city. Staff has comprehensively reviewed this section of the ordinance and determined a number of changes that must be made to properly implement the 2030 Comprehensive Plan. The Planning and Zoning Board has reviewed staff recommended amendments and identified additional changes that should be made. The result of these efforts is now being presented to the City Council for consideration. The format of the section will remain essentially the same, however a residential district that has not been used in the city since its adoption (R -EC) will be eliminated. The attached ordinance language clearly shows all amendments, but for the purpose of presentation, staff has identified the following eight changes as being major in scope or impact: 1. Purpose statements amended to clarify that public utilities are required for development and that development densities must be consistent with the 2030 Comprehensive Plan. 2. Buffers (as already required in the landscape standards) have been added to each district. 3. Impervious surface percentages have been set to those of the Comprehensive Plan goals. 4. The minimum building size calculations have been clarified. (During discussion of this amendment at the March 5, 2012 work session the council decided to only clarify how the calculation was done and not change the actual size requirements at this time.) 5. Recreational facilities have been clearly defined to exclude off-road vehicle courses. 6. The R -EC zoning district has been eliminated since it was never used after its adoption. 7. The R-2 district has been re -written to allow single family and attached two-family dwelling units. The lot standards and setbacks have also been adjusted to allow single family homes to potentially meet the minimum density requirement of the Medium Residential land use category. To keep small -lot developments from taking on a `snout house' appearance, with nothing but garage doors visible from the street, the R-2 standards include some garage/facade requirements. 8. The R-3 and R-4 districts have increased setbacks and buffering requirements when adjacent to land that is guided Low Density Residential. There are also additional minor changes throughout this section that are identified with the typical strike -though and underlining of ordinance amendments. City Council approved the first reading of Ordinance 3-12 on February 13, 2012. At the March 5, 2012 City Council work session, the Council discussed the proposed amendment and identified two amendments to the ordinance that they wanted to not include in the final ordinance. The first being the dwelling size requirements for single family homes, which they felt should remain at the current standards. The second being the changes associated with manufactured home parks, which will require the amendment of Section 3 of the ordinance, which is not included at this time. As a result those changes will be delayed and contemplated when Section 3 is reviewed for consistency with the comprehensive plan. RECOMMENDATIONS On August 10, 2011 the Planning and Zoning Board discussed the proposed amendment, ultimately recommending approval of the ordinance changes. Staff recommends approval of the first reading of Ordinance Number 3-12. ATTACHMENTS Ordinance Number 3-12 2