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#16 - Retention of City Zoning Authority
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#16 - Retention of City Zoning Authority
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SF1370 REVISOR JSK S1370-1 1st Engrossment <br />Sec. 7. 5 <br /> <br /> <br /> <br />5.1 (b) A multifamily residential development may be mixed use so long as at least 50 <br />5.2 percent of the usable square footage of the development is dedicated to residential use. <br /> <br />5.3 Subd. 3. Applicable zoning standards. (a) A municipality must not impose a height <br />5.4 requirement on a multifamily residential development that is less than the tallest commercial <br />5.5 or residential building within a one-quarter mile radius of the parcel on which the <br />5.6 development will be built or the maximum height permitted under the municipality's official <br />5.7 controls, whichever is higher. <br /> <br />5.8 (b) A municipality must not impose a setback requirement on a multifamily residential <br />5.9 development that is more than the smallest minimum setback distance required of a new <br />5.10 building within a one-quarter mile radius of the parcel on which the development will be <br />5.11 built. <br /> <br />5.12 Subd. 4. Parking requirements limited. A municipality may not require more than one <br />5.13 off-street parking space per residential unit. <br /> <br />5.14 Subd. 5. Affordable housing development; height requirements. (a) Subject to section <br />5.15 462.358, subdivision 2a, an affordable housing development must be permitted to exceed <br />5.16 both a maximum height requirement and a maximum floor area ratio limitation imposed by <br />5.17 municipality official controls as provided in paragraphs (b) and (c). The authority in <br />5.18 paragraphs (b) and (c) that produces the tallest development with the most number of <br />5.19 affordable housing units on the parcel shall be applied to the affordable housing development. <br /> <br />5.20 (b) An affordable housing development may either: <br /> <br />5.21 (1) exceed the height requirement for the zoning district where the affordable housing <br />5.22 development will be located by 35 feet in height; or <br /> <br />5.23 (2) match the maximum allowed height in any zoning district within one mile of the <br />5.24 affordable housing development. <br /> <br />5.25 (c) In addition to all previous allowances, an affordable housing development must be <br />5.26 permitted to do one of the following, whichever results in the largest development: <br /> <br />5.27 (1) exceed the maximum floor area ratio or dwelling unit count permitted by municipality <br />5.28 standards or the municipality's comprehensive plan by 30 percent, whichever allows for <br />5.29 greater density; <br /> <br />5.30 (2) exceed the lot coverage ratio by 30 percent; <br /> <br />5.31 (3) exceed the floor area ratio by 30 percent; or <br /> <br />5.32 (4) exceed the maximum impervious lot coverage area by 30 percent.
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