The multiple-family residential districts, M-1A, B and C, M-2A, B and C, M-3A, B and C, M-4A, B and C, M-5A, B and C, M-6A, B and C, M-7A, B and C, and M-8A, B and C, are established for the following purposes:

   (A)   The M-1 districts are intended for those areas which are designated for “low density” in the comprehensive guide plan, where a very low density of townhomes is expected in close proximity to detached single-family dwelling units. Property within these districts is characterized by very irregular terrain, in excess of 20%, an unusual number of trees and/or other natural features which will restrict the location of buildings and parking lots.

   (B)   The M-2 districts are intended for those areas which are designated for “low density” in the comprehensive guide plan, where a low density of townhomes is expected. Property within these districts is characterized by rolling terrain, from 10 to 20%, mature vegetation or other natural features which restrict somewhat the placement of buildings and parking lots.

   (C)   The M-3 districts are intended for those areas which are designated for “low density” in the comprehensive guide plan, where a low density of townhomes is expected. Property within these districts is characterized by relatively level or gently rolling topography, and proximity to either neighborhood or community collector roads or to arterial roads.

   (D)   The M-4 districts are intended for those areas which are designated for “medium density” in the comprehensive guide plan, where a moderate density of townhouse or apartment dwelling units is expected. Property within these districts is characterized by relatively level topography, and proximity to either neighborhood or community collector roads or to arterial roads.

   (E)   The M-5 districts are intended for those areas which are designated for “medium density” in the comprehensive guide plan, where a moderate density of townhouse or apartment dwelling units is expected. Property within these districts is characterized by relatively level topography, and proximity to either neighborhood or community collector roads or to arterial roads.

   (F)   The M-6 districts are intended for those areas which are designated for “medium density” in the comprehensive guide plan, where a moderately high density of townhouse or apartment dwelling units is expected. Property within these districts are characterized by relatively level topography, the minimal presence of significant mature vegetation and proximity to either neighborhood or community collector roads or to arterial roads.

   (G)   The M-7 districts are intended for those areas which are designated for “high density” in the comprehensive guide plan, where a high density of townhouse and apartment dwelling units is expected. Property within these districts is characterized by relatively level topography, relative absence of significant mature vegetation and close proximity to arterial or community collector roads.

   (H)   The M-8 districts are intended for those areas which are designated for “high density” in the comprehensive guide plan, where a very high density of apartment dwelling units is expected. Property within these districts is characterized by level topography, complete absence of any significant vegetation and close proximity to arterial roads and the central business district.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89; Am. Ord. 1065, passed 9-12-19)

   Within a multiple-family residential district, M-1, M-2, M-3, M-4, M-5, M-6, M-7 and M-8, no building or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council:

   (A)   Any use permitted in the R districts as regulated therein. One-family detached dwellings are only permitted in M-1 districts; lot standards for a single-family uses in an M-1 district shall be the same standards as for an R-3 district;

   (B)   Townhouse dwellings, M-1, M-2, M-3, M-4, M-5, M-6 and M-7 only, provided they are serviced by public sanitary sewer and water systems and provided that no single structure contains in excess of six dwelling units in M-1 and M-2 zones or 12 dwelling units in M- 3, M-4, M-5, M-6 or M-7 zones;

   (C)   Apartment buildings, M-4, M-5, M-6, M-7 and M-8 only, provided they are serviced by public sanitary sewer and water systems;

   (D)   Home occupation, as defined in § 155.003;

   (E)   Public utility buildings and structures; or

   (F)   Community-based family-care home, day- care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89; Am. Ord. 1065, passed 9-12-19)

   In the multiple-family residential districts, M-1, M-2, M-3, M-4, M-5, M-6, M-7 and M-8, conditional use permits may be issued in accord with the following:

   (A)   Purpose. Certain uses can be unsuitable in multiple-family residential districts because of inherent characteristics (such as traffic, noise, appearance, glare), commercial character or other conditions that would tend to adversely affect the residential character of the area and reduce property values. Nevertheless, those uses, under certain circumstances, may not be detrimental provided they are properly located and developed.

   (B)   Criteria. No conditional use permits shall be granted in a multiple-family residential district unless the City Council shall find that:

      (1)   The proposed use will not cause a traffic hazard or congestion;

      (2)   Adjacent residential areas will not be adversely affected because of traffic generation, noise, glare, appearance or other nuisance characteristics;

      (3)   Nuisances generated by the use will not have an adverse effect upon existing and/or future development of adjacent areas. When permits are granted, they shall be periodically reviewed to ensure continued compliance with this requirement; and

      (4)   The use is consistent with other uses and the purpose for the multiple-residential district in which it is located.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89)

   If the above conditions are met, conditional use permits may be issued in the multiple-family residential districts for the following uses or uses deemed similar by the City Council:

   (A)   Any use permitted as a conditional use in the R districts as regulated therein.

   (B)   Community-based family-care home or day- care home not licensed by the state under M.S. § 245.812, or community-based residential care facility when:

      (1)   Facility meets all existing health, fire, building and housing codes.

      (2)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or man-made barrier exists between facilities.

      (3)   The conditional use permit shall be reviewed at one-year intervals.

   (C)   Apartment or townhouse dwelling units constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:

      (1)   The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site.

      (2)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required.

      (3)   The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.

   (D)   Increased density, in an M-8 district only, when located adjacent to or within the central business district as identified in the comprehensive plan, as follows:

      (1)   In a four-story building, a maximum of 28 dwelling units per acre may be permitted. With applicable density bonuses, this may be increased to 32 units per acre. Up to a 50% increase in building setbacks may be required.

      (2)   In a five-story building, a maximum of 36 dwelling units per acre may be permitted. With applicable density bonuses, this may be increased to 40 units per acre. Up to a 100% increase in building setbacks may be required.

   (E)   Mobile home parks for the purpose of installing manufactured houses, as defined by M.S. §§ 327.31 to 327.35, in an M-7 district only.

   (F)   Wireless communication towers and small wireless facilities as regulated elsewhere in this chapter.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89; Am. Ord. 760, passed 10-14-04; Am. Ord. 1039, passed 2-8-18)

   In the multiple-family residential districts M-1, M-2, M-3, M-4, M-5, M-6, M-7 and M-8, the following uses or uses deemed similar by the City Council shall be permitted as accessory uses:

   (A)   Any accessory use permitted in the R districts;

   (B)   Accessory uses customarily associated with and incidental to the conditional uses permitted in the multiple dwelling districts; and

   (C)   Putting greens, shuffleboard courts, picnic areas, community buildings and similar recreational or service areas for use by the residents of the premises.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89)

   In the multiple-family residential districts, all improvements and lands shall be subject to the following minimum area and dimensional requirements:

   (A)   Lot area. Densities are predicated upon the availability of public water, storm sewer and sanitary sewer service; without the service, densities shall be limited to one dwelling unit per ten acres. Appendix B, division (C) shall be used to compute the minimum lot area exclusive of street right-of-ways, in square feet and the computation shall be subject to the following: Ponding area or similar unbuildable areas shall not comprise more than 10% of the total site area.

   (B)   Density bonus.  

      (1)   Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple-residential dwelling units and building complexes. These features enhance individual unit privacy, offer an improved outdoor environment and foster a sense of pride and commitment to its residents. These traits contribute to neighborhood stability and positive social relationships which are found to be beneficial to the community as a whole.

      (2)   To the extent that these features are incorporated, the maximum density permitted in each of the zoning districts shall be increased in accordance with the following, except that the increased density shall not exceed that listed under “with bonus” as stipulated in division (A) above. Where only a portion of the dwellings or buildings are provided with these features, the increase in density shall be prorated.

         (a)   Common open space: 1.0 units/acre. This bonus shall be granted when multiple-residential buildings in a complex are arranged in a manner which creates significant open space between them. In order to be eligible, the open space so created must have a minimum area of two times the lot coverage of the buildings which face the space, be configured in a regular shape, be recognizable as a defined common or sheltered area, and be designed or contain features which encourage social interaction among the residents of the complex.

         (b)   Private outdoor space: 0.50 units/acre. This bonus shall be granted when multiple-residential buildings are designed so that each dwelling unit is provided with a contiguous private outdoor space. In order to be eligible, the private spaces must be designed to be screened or sheltered so that its occupants are not visible from any other dwelling unit, other private open space, or any passer- by on adjacent private or public property.

         (c)   Sound suppression: 1.50 units/acre. This bonus shall be granted when multiple residential buildings are constructed with upgraded sound suppression materials in the walls, ceilings and floors which separate individual dwelling units. In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code.

         (d)   Basements: 0.25 units/acre. This bonus shall be granted when multiple-residential buildings are constructed with a full basement under each dwelling unit rather than a crawl space or slab- on-grade. In order to be eligible, the basement must exist under the entire ground floor area, excepting therefrom any garage area.

         (e)   Oversize garages: 0.50 units/acre. This bonus shall be granted when multiple-residential buildings are constructed with oversize garage areas for storage purposes. In order to be eligible, townhouse garages must each be a minimum of 550 square feet. Apartment garages must each be a minimum of 250 square feet or, in the alternative, each apartment dwelling unit must be provided with a locking storage locker of at least 50 square feet.

         (f)   Private amenities: 1.0 units/acre. This bonus shall be granted when multiple-residential buildings are constructed with upgraded living amenities within each dwelling unit. In order to be eligible, each dwelling unit must be provided with a functional fireplace (0.50 units/acre) or 1¾ bathrooms (0.50 units/acre).

   (C)   Height regulations.

   (D)   Maximum coverage of the site. All buildings, including accessory buildings, shall not cover more than the percentages listed in Appendix B.

   (E)   Maximum impervious surface. See § 155.350.

   (F)   Setback regulations.

      (1)   Public streets and property lines. The minimum setbacks from adjacent property and public streets shall be as set out in Appendix B.

      (2)   Setback between multiple-residential buildings. For the purposes of this division, the term “side” shall refer to the short sides of a structure and the terms “front” or “rear” shall refer to the long sides of the structure.

         (a)   Minimum setbacks between sides of multiple-residential buildings shall be 15 feet or a distance equal to half the combined height of the adjacent building faces, whichever is greater.

         (b)   Minimum setbacks between the front or rear of multiple-residential buildings shall be 50 feet or a distance equal to the combined height of the adjacent building faces, whichever is greater. This requirement also applies to situations where a front or rear faces a side.

   (G)   Screening. See § 155.348.

   (H)   Landscaping. See § 155.349.

   (I)   Parking. See §§ 155.370 through 155.379. Notwithstanding § 155.379, within C districts enclosed garage spaces need to be provided only at the rate of one stall per dwelling unit for either townhouse or apartment units and garage space may be located in a structure detached from the multiple-residential building.

   (J)   Building materials. See § 155.346. Within C districts, the provisions set forth in § 155.078(C) for alternate materials shall be permitted by right without the need for a conditional use permit.

   (K)   Balconies. Within A and B districts, where private balconies for individual dwelling units are included, they shall be incorporated into the overall building design so as to provide architectural relief through the use of privacy walls beneath protruding dormers, or some similar treatment.

   (L)   Rooflines. Within A or B districts, roofs shall have a minimum pitch of one to three.

   (M)   Building elevations along public streets. Within A and B districts, no more than 50% of the length of a building elevation which faces a public street can be used for garage doors.

(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 465, passed 10-26-89)