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Albertville City Zoning Code

CHAPTER 1100

GENERAL YARD, LOT AREA AND BUILDING REGULATIONS

1100.1: PURPOSE:

This chapter identifies yard, lot area, building size, building type and height requirements in each zoning district. (Ord. 1988-12, 12-19-1988)

1100.2: USABLE OPEN SPACE:

   A.   Except as may be approved by the city council and except for lots of record, preliminary platted lots, and residential planned unit development concepts having legal standing on January 1, 1998, lots in all zoning districts of the city must contain usable/buildable upland equal to at least eighty percent (80%) of the required minimum lot areas. The required upland area shall not contain wetlands, streams, ponds, or any other nonbuildable terrain. Lots which involve wetland mitigation practices shall be evaluated for conformance with this requirement based on wetland mitigation plans indicating areas of wetland filling or dredging.
   B.   In addition to the setbacks required for principal and/or accessory structures under individual zoning districts of the city or in other sections of this ordinance, all structures must be set back a minimum of twenty feet (20') from the ordinary high water level or elevation of the line of permanent aquatic vegetation (whichever is greater) of wetlands, ponds or drainageways.
   C.   Except for elderly (senior citizen) housing, each multiple- family dwelling site shall contain at least five hundred (500) square feet of "usable open space", as defined in section 200.2 of this ordinance, for each dwelling unit contained thereof. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-17, 11-17-1997)

1100.3: HEIGHT:

   A.   Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit; provided, that:
      1.   The site is capable of accommodating the increased intensity of use.
      2.   The increased intensity of use does not cause an increase in traffic volume beyond the capacity of the surrounding streets.
      3.   Public utilities and services are adequate.
      4.   For each additional story over three (3) stories or for each additional ten feet (10') above forty feet (40'), front and side yard setback requirements shall be increased by five percent (5%).
      5.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
   B.   The building height limits established for districts shall not apply to the following:
      1.   Belfries.
      2.   Chimneys or flues.
      3.   Church spires.
      4.   Cooling towers.
      5.   Cupolas and domes which do not contain usable floor space.
      6.   Elevator penthouses.
      7.   Flagpoles.
      8.   Monuments.
      9.   Parapet walls extending not more than three feet (3') above the limiting height of the building.
      10.   Poles, towers and other structures for essential services.
      11.   Necessary mechanical and electrical appurtenances.
      12.   Farm buildings.
      13.   Wind energy conversion system towers as regulated by chapter 2400 of this ordinance.
      14.   Antennas and antenna support structures as regulated by chapter 2500 of this ordinance.
   C.   No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10') unless otherwise noted. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997)

1100.4: BUILDING TYPE AND CONSTRUCTION:

   A.   Exterior Materials: No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel, shall be permitted in any zoning district, except in association with farming operations or as allowed by section 1000.4 of this ordinance.
   B.   Architecture And Aesthetics: Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare.
   C.   Exterior Finishes: Exterior building finishes shall consist of materials comparable in grade and quality to the following:
      1.   Brick.
      2.   Natural stone.
      3.   Decorative concrete block.
      4.   Cast in place concrete or precast concrete panels.
      5.   Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress.
      6.   Curtain wall panels of steel, fiberglass and aluminum (nonstructural, nonload bearing), provided such panels are factory fabricated and finished with a durable nonfade surface, and their fasteners are of a corrosion resistant design.
      7.   Glass curtain wall panels.
      8.   Stucco.
      9.   Vinyl.
      10.   Other materials determined to be acceptable by the city council.
   D.   Wall Area Calculation: For purposes of calculating exterior building material requirements, the total wall area of structures shall be calculated by taking the total solid surface area. The solid surface area shall encompass all exterior surfaces including any portion of overhead garage doors with windows but excluding all other windows and doors.
   E.   Business Districts: Building type and construction requirements within business districts shall be governed by the applicable provisions of the respective zoning district in which a use is located.
   F.   Industrial Districts: In industrial districts, all buildings constructed of curtain wall panels or finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or precast concrete panels on all wall surfaces. Except for walls that face a public right of way, the required wall surface treatment may allow a maximum of seventy five percent (75%) of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design. For building walls which face public rights of way or abut residential uses, the required wall surface treatment may allow a maximum of fifty percent (50%) of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-6, 4-5-1993; Ord. 1997-17, 11-17-1997; Ord. 2003-28, 11-3-2003; Ord. 2004-26, 12-6-2004; 2005 Code)

1100.5: YARDS:

No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.
   A.   The following shall not be considered as encroachments on yard setback requirements:
      1.   Accessory structures, as governed by this ordinance, are permitted in rear yards.
      2.   Awnings, balconies, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, buttresses, eaves, gutters, and the like, provided they do not project more than two feet (2') into the yard.
      3.   Walks or steps for negotiating ground slopes, retaining walls, terraces, accessibility ramps, steps, uncovered porches and decks, stoops, hedges and natural growth, or similar features, provided they do not extend above the height of the first floor entry of the principal structure or five feet (5') into the front yard or to a distance less than five feet (5') from any side lot line. Except that retaining walls for the purpose of recreational vehicle or trailer storage pads per subsection 1000.15A2b of this ordinance can be located two feet (2') from the property line with the following conditions:
         a.   The retaining wall does not interfere with stormwater drainage or create a drainage problem for adjacent property.
         b.   The city engineer must provide administrative approval of the site plan, parking pad construction plans, filling, and drainage.
         c.   If a retaining wall encroaches into a drainage or utility easement, the city may remove the encroachment to utilize its easement and it will not be replaced by the city.
      4.   In rear yards: recreational and laundry drying equipment, arbors, and trellises, detached outdoor living rooms, and air conditioning or heating equipment, provided they are at a distance of five feet (5') from the rear lot line.
      5.   Structures used ornamentally, for gardening, or for private recreation purposes, and structures for essential services, all accessory to and customarily incidental to the principal use, are permitted in yards and courts, and solar energy systems not included in the floor area of the building are permitted in side yards; provided, that a side yard strip three feet (3') in width adjoining the side line of the lot shall be unobstructed by any structure or feature, except a fence or retaining wall.
      6.   Open work fire balconies and fire escapes may extend not more than three feet (3') into a required yard or court.
      7.   Chimneys and flues may extend not more than two feet (2') into a required yard or court.
      8.   On detached single-family or duplex dwelling homes constructed prior to January 1, 1989, add on entryways may extend into the front yard setback not exceeding five feet (5') and fifty (50) square feet.
      9.   Bay windows, bow windows and fireplaces may extend not more than two feet (2') into a required yard; provided, that a minimum eight foot (8') side yard setback is maintained, and that such encroachment does not exceed more than fifteen (15) square feet in area.
   B.   Where adjacent structures have front yard setbacks different from those required, the minimum front yard setback shall be no less than the average setback of the two (2) adjacent principal structures. If only one adjacent lot is occupied by a structure, the minimum front yard shall be the average of the required setbacks and the setback of such adjacent structure. In no case shall the setback requirement exceed the minimum established for the respective zoning district. (Ord. 1988-12, 12-19-1988; amd. Ord. 1977-17, 11-17-1997; Ord. 2004-01, 1-5-2004; Ord. 2009-018, 11-2-2009; Ord. 2015-02, 5-18-2015)

1100.6: MINIMUM FLOOR AREA PER DWELLING UNIT:

   A.   Single-Family Dwelling Units: Except as otherwise specified in the zoning district provisions or allowed as a conditional use permit, single-family homes, as classified below, shall have the following minimum floor areas per unit:
 
2 bedroom
960 square feet above ground
3 bedroom
1,040 square feet above ground
 
   B.    Multiple Dwelling Units: Except for elderly housing or as allowed by conditional use permit, living units classified as multiple dwelling shall have the following minimum floor areas per unit:
 
Efficiency units
500 square feet
1 bedroom units
700 square feet
2 or more bedroom units
An additional 80 square feet for each additional bedroom
 
   C.    Elderly (Senior Citizen) Housing: Living units classified as elderly (senior citizen) housing units, except as allowed by conditional use permit, shall have the following minimum floor areas per unit:
 
Efficiency units
440 square feet
1 bedroom
520 square feet
 
   D.    Double Bungalows, Quadraminiums And Townhouses: Except as otherwise specified in the zoning district provisions or allowed as a conditional use permit, double bungalows, quadraminiums and townhouses, as classified below, shall have the minimum floor area per one bedroom unit:
 
Double bungalow
650 square feet first floor above grade, plus 100 additional square feet for each additional bedroom
Quadraminiums, townhouses
and similar multiple unit
individual entry structures
600 square feet first floor above grade, plus 100 additional square feet for each additional bedroom
 
(Ord. 1988-12, 12-19-1988)

1100.7: EFFICIENCY APARTMENTS:

Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple dwelling shall not exceed twenty percent (20%) of the total number of apartments. In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed thirty percent (30%) of the total number of apartments. (Ord. 1988-12, 12-19-1988)

1100.8: MINIMUM FLOOR AREA; COMMERCIAL AND INDUSTRIAL STRUCTURES:

Commercial and industrial buildings (principal structure) which are to be less than one thousand (1,000) square feet of floor area may only be allowed upon approval of a conditional use permit as provided in chapter 400 of this ordinance. (Ord. 1988-12, 12-19-1988)

1100.9: MINIMUM LOT AREA PER UNIT:

The lot area per unit requirement for two-family, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership.
 
One-family
As specified in zoning district provisions
Two-family
As specified in zoning district provisions
Townhouse and quadraminium
and similar multiple unit,
individual entry structures
5,000 square feet
Multiple-family
3,500 square feet or as specified in zoning district provisions
Elderly housing
1,000 square feet
 
(Ord. 1988-12, 12-19-1988)

1100.10: TWO-FAMILY, TOWNHOUSE, QUADRAMINIUM, MULTIPLE-FAMILY USES:

   A.   No single townhouse structure shall contain more than eight (8) dwelling units.
   B.   Minimum unit lot frontage for townhouses shall not be less than twenty feet (20').
   C.   The subdivision of base lots containing two-family dwellings, townhouses, or quadraminiums to permit individual private ownership of a single dwelling within such a structure is acceptable upon the approval by the council. Approval of a subdivision request is contingent on the following requirements:
      1.   Two-family, townhouses, and quadraminiums intended for owner occupancy shall be subdivided on an individual lot basis according to the provisions of chapter 2700, "Planned Unit Development", of this ordinance.
      2.   Prior to a two-family double bungalow dwelling, townhouse, or quadraminium subdivision, the base lot must meet all the requirements of the zoning district.
      3.   There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on the unit lot created in a two-family, townhouse or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lot.
      4.   Permitted accessory uses, as defined by the zoning districts, are acceptable, provided they meet all the zoning requirements.
      5.   A property maintenance agreement must be arranged by the applicant and submitted to the city attorney for his review and subject to approval. The agreement shall ensure the maintenance and upkeep of the structure and the lots to meet minimum city standards. The agreement is to be filed with the Wright County recorder's office as a deed restriction against the title of each unit lot.
      6.   Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the city engineer.
      7.   The subdivision is to be platted and recorded in conformance to requirements of the subdivision regulations of the city.
   D.   Subdivision of multiple-family, two-family duplex and other such units, is as follows:
      1.   The subdivision is to be platted and recorded in conformance with the requirements of the subdivision regulations of the city as applicable.
      2.   The subdivision shall comply with applicable cooperative or condominium laws of the state. (Ord. 1988-12, 12-19-1988)

1100.11: MINIMUM LOT AREA, UNSEWERED LOTS:

Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below:
   A.   The minimum single-family lot size is ten (10) acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to January 1, 1989; provided, that it can be demonstrated by means satisfactory to the city that the smaller parcels will not result in ground water, soil or other contamination which may endanger the public health.
   B.   Apartments and multiple-family dwellings are not allowable uses.
   C.   Subject to other provisions of this ordinance, other uses may be allowed by conditional use permit. The minimum lot size for each principal use is ten (10) acres. A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the city that the use:
      1.   Will not result in ground water, soil or other contamination which may endanger the public health.
      2.   Will not increase future city utility service demands and expense.
      3.   Will not jeopardize public safety and general welfare. (Ord. 1988-12, 12-19-1988)

1100.12: SINGLE-FAMILY DWELLINGS:

All single-family detached homes, except in the R-MH district, shall:
   A.   Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code 1 .
   B.   Be not less than thirty feet (30') in length and not less than twenty four feet (24') in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls. Dwellings shall also meet the minimum floor area requirements as set out in this ordinance.
   C.   Have a minimum roof overhang of one foot (1').
   D.   Have an earth covered, composition, shingled or tiled roof.
   E.   Receive a building permit. The application for a building permit, in addition to other information required, shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. The exterior architectural design of a proposed dwelling may not be significantly different from the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor significantly different from the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare.
   F.   Meet the requirements of the state building code 2 or the applicable manufactured housing code. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)
AL849   Zoning Ordinance - Appendix A   App A-1200