The Agricultural (AG) District is intended for areas for long-term agricultural preserves. No sewer service will be provided to these areas. This district is established to preserve farmland in the city.

(Code 2004, pt. 3, § 29.001; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Agricultural (AG) Zone:

(1)

Agricultural preserves.

(2)

Single-family detached dwellings.

(3)

Raising domestic farm animals, excluding hogs and fur-bearing animals, not to exceed one animal unit per acre, subject to the farm fence regulations in section 129-8.

(4)

Group family day care.

(5)

State-licensed residential care facilities or housing with services established registered under M.S.A. § 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.002; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.002, 12-18-2023)

The following accessory uses are allowed in the Agricultural (AG) Zone:

(1)

Private garages/accessory buildings/carports attached to garages.

(2)

Private swimming pools and tennis courts.

(3)

Keeping of not more than two boarders or roomers per dwelling unit.

(4)

Commercial day care accessory to a legal conforming church or school.

(Code 2004, pt. 3, § 29.003; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Agricultural (AG) Zone:

(1)

Boardinghouses.

(2)

Places of worship.

(3)

Schools.

(4)

Golf courses.

(5)

Home occupations as described in section 129-10(d).

(6)

Private kennels.

(7)

Accessory buildings, including all garages and carports, with a total combined area greater than 3,000 square feet.

(Code 2004, pt. 3, § 29.004; Ord. No. 94-1501, 4-21-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.004, 12-18-2023)

The following standards are required in the Agricultural (AG) Zone:

(1)

Minimum area to be zoned AG: 40 acres.

(2)

Minimum lot area: 40 acres.

(3)

Front footage: 1,200 feet.

(4)

Minimum depth: None.

(5)

Average width: 1,200 feet.

(6)

Front yard setback: 45 feet for house, 45 feet for garage/accessory building, 200 feet for accessory buildings sheltering domestic farm animals.

(7)

Rear yard: 30 feet for house, 30 feet for garage/accessory building, 50 feet for accessory buildings sheltering domestic farm animals.

(8)

Side yard: 20 feet for house, 20 feet for garage/accessory building, 50 feet for accessory buildings sheltering domestic farm animals.

(9)

Corner lot: 45 feet for house, 45 feet for garage/accessory building, 200 feet for accessory buildings sheltering domestic farm animals.

(10)

Garages/accessory buildings.

a.

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet. Total garage/carport/accessory building space shall not exceed 3,000 square feet of gross area except provided for in article VI of this chapter.

b.

The architectural style and color of a garage/accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building.

(11)

Maximum building height: 2½ stories or 30 feet.

(12)

No part of the garage shall be considered a livable area.

(13)

For a single-family dwelling, the minimum above grade finished floor area of the various kinds of dwellings shall be as follows:

a.

Without basement: 1,240 square feet.

b.

With basement: 1,040 square feet.

(14)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(15)

All residential structures shall have permanent concrete or wood foundations, which comply with the adopted state residential code and which is solid for the complete circumference of the house.

(16)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(17)

All residential dwellings must be built in conformance with the adopted state residential code.

(18)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(19)

Any metal siding upon residential structure shall have horizontal edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district except as follows: For parcels of five acres or more, metal siding shall be permitted for accessory structures other than the garage.

(20)

All single-family lots shall contain a minimum of two front yard trees of a minimum of 2½ inch caliper.

(21)

Driveways shall not be constructed closer than five feet to the property line.

(22)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(23)

Single-family lots shall provide a driveway with a surface equal to the street's surface for the first 35 feet off the traveled street.

(Code 2004, pt. 3, § 29.005; Ord. No. 84-856, 1-3-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. No. 98-1743, 9-17-1998; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021)

The Farm Residential (FR) District is intended for areas where urban services are not presently available. A minimum lot size of ten acres will retain these lands in their natural uses and agricultural uses pending proper timing of economical provision for parks, streets, utilities, and other public facilities, so that orderly development will occur.

(Code 2004, pt. 3, § 29.011; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Farm Residential (FR) Zone:

(1)

Single-family detached dwellings.

(2)

General farming and gardening.

(3)

Raising domestic farm animals, excluding hogs and fur bearing animals, not to exceed one animal unit per acre, subject to the farm fence regulations in section 129-8.

(4)

Group family day care.

(5)

Nurseries.

(6)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.012; Ord. No. 91-1248, 4-4-1991; Ord. No. 98-1728, 6-25-1998; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.012, 12-18-2023)

The following accessory uses are allowed in the Farm Residential (FR) Zone:

(1)

Private garages/accessory buildings/carports attached to garages.

(2)

Private swimming pools and tennis courts.

(3)

Keeping of not more than two boarders or roomers per dwelling unit.

(4)

Commercial day care accessory to a legal conforming church or school.

(5)

Attached accessory dwelling unit or detached accessory dwelling unit consistent with the standards outlined in section 109-54, subject to approval of an administrative permit.

(6)

Ground-mounted solar systems meeting standards outlined in 109-54(25).

(Code 2004, pt. 3, § 29.013; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 24-2560, § 29.013, 9-16-2024)

The following are conditional uses in the Farm Residential (FR) Zone:

(1)

Places of worship.

(2)

Golf courses and golf driving ranges.

(3)

Schools.

(4)

Public buildings.

(5)

Home occupations as described in section 129-10(d).

(6)

Private kennels.

(7)

Boardinghouses.

(8)

Private stables with a density exceeding one horse per acre, or more than 20 horses in aggregate, meeting standards outlined in section 109-54(24).

(9)

Garden supply stores.

(10)

Accessory buildings located within the front yard, provided the structure to be placed in the front yard has at least a 100-front yard setback.

(11)

Accessory buildings with a total combined area greater than 1,200 square feet but less than 3,000 square feet.

(Code 2004, pt. 3, § 29.014; Ord. No. 89-1113, 4-20-1989; Ord. No. 93-1492, 12-16-1993; Ord. No. 95-1574, 9-21-1995; Ord. No. 98-1729, 6-25-1998; Ord. No. 01-1910, 7-19-2001; Ord. No. 01-1933, 12-20-2001; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.014, 12-18-2023)

The following standards are required in the Farm Residential (FR) Zone:

(1)

Minimum lot area: ten acres.

(2)

Frontage: 300 feet.

(3)

Average width: 300 feet.

(4)

Minimum depth: none.

(5)

Front yard setback: 45 feet for house, 45 feet for garage/accessory building, 200 feet for accessory buildings sheltering domestic farm animals.

(6)

Rear yard: 30 feet for house, 30 feet for garage/accessory building, 50 feet for accessory buildings sheltering domestic farm animals.

(7)

Side yard: 20 feet for house, 20 feet for garage/accessory building, 50 feet for accessory buildings sheltering domestic farm animals.

(8)

Corner lot: 45 feet for house, 45 feet for garage/accessory building, 200 feet for accessory buildings sheltering domestic farm animals.

(9)

Garages/accessory buildings.

a.

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet. Total garage/accessory building/carport space shall not exceed 1,200 square feet, except as provided by section 109-53(10). The height of the accessory structure shall not exceed the height of the principal building.

b.

Accessory buildings shall only be located in the rear yard, except as permitted by section 109-53(10). The architectural style and color of a garage/accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building.

(10)

Maximum building height: 2½ stories or 30 feet.

(11)

No part of the garage shall be considered a livable area.

(12)

For a single-family dwelling, the minimum above grade finished floor area of the various kinds of dwellings shall be as follows:

a.

Without basement: 1,240 square feet.

b.

With basement: 1,040 square feet.

(13)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(14)

All residential structures shall have permanent concrete or wood foundations, which comply with the adopted state residential code and which is solid for the complete circumference of the house.

(15)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Steel panel (standing seam) roofing can be used as an alternative to a shingled roof provided the material used is:

a.

A minimum 26 gauge steel base sheet;

b.

Provided with a minimum G-90 galvanized protective coating or equivalent;

c.

A factory finished solid color material with a minimum paint quality grade of standard or better.

All steel panel roofing shall be installed per the most current edition of the state residential building code and the manufacturer's installation instructions. Only manufacturer-produced flashing, fasteners, trim pieces and vents shall be used in the installation of steel panel roofing. Variations on non-manufacturer produced accessories shall be pre-approved by the city building official for use with any steel panel roofing. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(16)

All residential dwellings must be built in conformance with the state residential code.

(17)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(18)

Any metal siding upon residential structure shall have horizontal siding edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district except as follows: For parcels of four acres or more, metal siding shall be permitted for accessory structures other than the garage.

(19)

All single-family lots shall contain a minimum of two front yard trees of a minimum of 2½ inch caliper.

(20)

Driveways shall not be constructed closer than five feet to the property line.

(21)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(22)

Single-family lots shall provide a driveway with a surface equal to the street's surface for the first 35 feet off the traveled street.

(23)

Standards and requirements for private stables:

a.

Minimum lot area: ten acres.

b.

Maximum density: three horses per acre.

c.

Must obtain Minnesota Pollution Control Agency (MPCA) feedlot permit.

d.

Buildings used for sheltering, training, or riding horses shall have a minimum 200-foot setback from any property line.

(24)

Standards and requirements for churches, golf courses and golf driving ranges, schools, and garden supply stores:

a.

Shall have principal access to a collector or arterial roadway.

b.

Front, rear, and side yard building and parking setbacks: 45 feet.

c.

Maximum building height two stories.

d.

Off street loading and overhead doors shall comply with section 129-14.

e.

All site improvements and landscaping shall comply with sections 129-6 and 129-7.

f.

Underground irrigation is required for all front and corner side yards.

g.

Architectural style and building materials shall be compatible with the surrounding area and subject to council approval.

(25)

Standards and requirements for ground mounted solar systems:

a.

Rear yard only.

b.

Side yard setback: 20 feet.

c.

Rear yard setback: 30 feet.

d.

The maximum height at full tilt is 15 feet.

e.

The footprint of the solar panel units and any attached and/or detached accessory structures may not total more than 3,000 square feet.

f.

Solar collection devices shall be designed and located to avoid solar glare or reflection onto adjacent properties and right of way and shall not interfere with traffic or create a safety hazard. The property owner shall be responsible to ensure reflection angles from collector surfaces are oriented away from neighboring windows. Where necessary, buffering may be required to address glare.

(Code 2004, pt. 3, § 29.015; Ord. No. 84-856, 1-3-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. No. 98-1743, 9-17-1998; Ord. No. 01-1910, 7-19-2001; Ord. No. 11-2225, 6-16-2011; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 29.015, 12-18-2023; Ord. No. 24-2560, § 29.015, 9-16-2024)

The Residential Estate (RE) District is established to provide for a large lot zoning of 2½ acres or more in size. Single-family homes are permitted in this district. This district shall be located only in areas where sanitary sewer and water services can be extended in the near future.

(Code 2004, pt. 3, § 29.021; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Residential Estate (RE) Zone:

(1)

Single-family detached dwellings.

(2)

Group family day care.

(3)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.022; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Residential Estate (RE) Zone:

(1)

Private garages/accessory buildings/carports attached to garages.

(2)

Private swimming pools and tennis courts.

(3)

Keeping of not more than two boarders or roomers per dwelling.

(4)

Commercial day care accessory to a legal conforming church or school.

(5)

Keeping of not more than six hen chickens consistent with standards outlined in section 109-83.

(6)

Attached accessory dwelling unit or detached accessory dwelling unit consistent with the standards outlined in section 109-86, subject to approval of an administrative permit.

(7)

Ground-mounted solar systems meeting standards outlined in 109-86(21).

(Code 2004, pt. 3, § 29.023; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 24-2560, § 29.023, 9-16-2024)

The following are conditional uses in the Residential Estate (RE) Zone:

(1)

Boardinghouses.

(2)

Schools.

(3)

Places of worship.

(4)

Home occupations as described in section 129-10(d).

(5)

Golf courses.

(6)

Private kennels.

(7)

More than two garage/accessory buildings.

(8)

Garage, carport, and accessory building space with total combined area larger than 2,000 square feet and up to 3,000 square feet for properties outside the metropolitan urban services areas (MUSA) boundary.

(Code 2004, pt. 3, § 29.024; Ord. No. 94-1501, 4-21-1994; Ord. No. 09-2195, 10-15-2009; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.024, 12-18-2023)

The following standards are required in the Residential Estate (RE) Zone:

(1)

The minimum area to be zoned RE is 40 acres.

(2)

Front yard setback: 35 feet.

(3)

Side yard setback: ten feet.

(4)

Corner lots: 35 feet.

(5)

Rear yard setback: 30 feet.

(6)

Minimum lot size: 104,000 square feet (2 ½ acres).

(7)

Minimum frontage: 100 feet.

(8)

Minimum lot depth: 300 feet.

(9)

Average lot width: 150 feet.

(10)

Maximum building height shall not exceed 2 ½ stories or 30 feet.

(11)

Garages/accessory buildings.

a.

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet. Total garage and accessory building space shall not exceed 2,000 square feet of gross area for parcels inside the MUSA boundary.

b.

The architectural style and color of a garage and accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building. Garage/accessory building access doors shall not exceed ten feet in height. Accessory buildings shall only be located in the rear yard.

c.

No part of the garage shall be considered a livable area.

(12)

For a single-family dwelling, the minimum finished first floor area of the various kinds of dwellings shall be as follows:

a.

Without basement: 1,240 square feet.

b.

With basement: 1,040 square feet.

(13)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(14)

All residential structures shall have permanent concrete or wood foundations, which comply with the Adopted state residential code and which is solid for the complete circumference of the house.

(15)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Steel panel (standing seam) roofing can be used as an alternative to a shingled roof provided the material used is:

a.

A minimum 26 gauge steel base sheet.

b.

Provided with a minimum G-90 galvanized protective coating or equivalent.

c.

A factory finished solid color material with a minimum paint quality grade of standard or better.

All steel panel roofing shall be installed per the most current edition of the state residential building code and the manufacturer's installation instructions. Only manufacturer-produced flashing, fasteners, trim pieces and vents shall be used in the installation of steel panel roofing. Variations on non-manufacturer produced accessories shall be pre-approved by the city building official for use with any steel panel roofing. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(16)

All residential dwellings must be built in conformance with the adopted state residential code.

(17)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(18)

Any metal siding upon residential structure shall have horizontal edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district.

(19)

Driveways shall not be constructed closer than five feet to the property line.

(20)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(21)

Standards and requirements for ground-mounted solar systems:

a.

Rear yard only.

b.

Side yard setback: 20 feet.

c.

Rear yard setback: 30 feet.

d.

The maximum height at full tilt is 15 feet.

e.

The footprint of the solar panel units and any attached and/or detached accessory structures may not total more than 2,000 square feet.

f.

Solar collection devices shall be designed and located to avoid solar glare or reflection onto adjacent properties and right of way and shall not interfere with traffic or create a safety hazard. The property owner shall be responsible to ensure reflection angles from collector surfaces are oriented away from neighboring windows. Where necessary, buffering may be required to address glare.

(Code 2004, pt. 3, § 29.025; Ord. No. 84-856, 1-3-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. No. 98-1743, 9-17-1998; Ord. No. 01-1911, 7-19-2001; Ord. No. 09-2195, 10-15-2009; Ord. No. 11-2225, 6-16-2011; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2560, § 29.025, 9-16-2024)

The purpose of the Single-Family (R-1) District is to allow low density single-family units in developing portions of the city where sanitary sewer and water services are available.

(Code 2004, pt. 3, § 29.031; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Single-Family (R-1) Zone:

(1)

Single-family detached dwellings.

(2)

Group family day care.

(3)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.032; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Single-Family (R-1) Zone:

(1)

Up to two private garages/accessory buildings.

(2)

Private swimming pools.

(3)

Keeping of not more than two boarders or roomers per dwelling unit.

(4)

Commercial day care accessory to a legal conforming church or school.

(5)

Keeping of not more than six hen chickens consistent with standards outlined in section 129-20.

(6)

Attached accessory dwelling unit consistent with the standards outlined in section 129-23, subject to approval of an administrative permit.

(Code 2004, pt. 3, § 29.033; Ord. No. 90-1193, 3-15-1990; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022)

The following are conditional uses in the Single-Family (R-1) Zone:

(1)

Boardinghouses.

(2)

Places of worship.

(3)

Schools.

(4)

Golf courses.

(5)

Home occupations as described in section 129-10(d).

(6)

Three garage/accessory buildings.

(7)

Total combined garage, carport and accessory structure space greater than 1,000 square feet and up to 1,200 square feet.

(8)

Detached accessory dwelling unit consistent with the standards outlined in section 129-25.

(Code 2004, pt. 3, § 29.034; Ord. No. 99-1799, 7-8-1999; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 29.034, 12-18-2023)

The following standards are required in the Single-Family (R-1) Zone:

(1)

Front yard setback: 30 feet.

(2)

Side yard setback: ten feet.

(3)

Corner lots: 20 feet.

(4)

Rear yard setback: 30 feet. Building setback of 75 feet from the surveyed ordinary high water mark of public waters as defined by the state department of natural resources.

(5)

Garages and accessory buildings shall have rear and side yard setbacks of not less than five feet with the exception that accessory buildings, less than 120 square feet in area, shall have a rear and side yard setback of not less than one foot. Accessory buildings placed within the five-foot setback area, and within a drainage and utility easement, shall not be placed or constructed, in the easement, in a manner to limit the use of the easement or alter storm drainage in any way as to negatively impact other property. Accessory buildings placed within a drainage and utility easement are placed, by the owner, at the owner's risk of removal by the city or other agencies that may have legal use of the easement. Garages and accessory buildings shall have corner yard setbacks of not less than 20 feet.

(6)

Conditional use permits under section 109-119(2) through (4) shall have the following setbacks:

a.

Building: 50 feet front, rear and side;

b.

Parking: 30 feet front, rear and side.

(7)

Minimum lot size: 10,000 square feet.

(8)

Minimum lot width as measured at the front setback line: 80 feet.

(9)

Minimum frontage: 60 feet.

(10)

Minimum depth: 125 feet.

(11)

Maximum building height shall not exceed 2½ stories or 30 feet, whichever is less.

(12)

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet. Total combined garage, carport and accessory building space shall not exceed 1,000 square feet unless specifically authorized by a conditional use permit. The architectural style and color of a garage and accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building. Garage/accessory building access doors shall not exceed ten feet in height.

(13)

No accessory building, other than a garage shall be located within any yard other than the rear yard, except that single story accessory buildings may be permitted in the side yard with the approval of the zoning administrator only if there is a door on the same side of the single-family dwelling that is accessible to living space. Side yard shed approval will also be based on a screening plan consisting of privacy fencing and or landscaping to minimize the impact to adjacent properties. Garages located in the rear yard must have capability of driveway access. The minimum width of access drive shall be no less than eight feet with a three-foot setback for a total width of 11 feet. Access can include the ability to drive through existing garage into the rear yard upon providing evidence that an eight-foot minimum width garage door has been installed along the rear of the garage and that access to rear door is not restricted by non-vehicular storage. If grass is unable to be maintained in the access drive, a driveway meeting the standards of subsection (20) of this section shall be installed to access the garage. Garages or accessory buildings not having driveway access capability shall be limited in door size to no more than six feet in width to preclude storage of vehicles normally requiring driveway access.

(14)

For a single-family dwelling, the minimum finished first floor area of the various kinds of dwellings shall be as follows:

a.

Without basement: 1,240 square feet.

b.

With basement: 1,040 square feet.

(15)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(16)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Steel panel (standing seam) roofing can be used as an alternative to a shingled roof provided the material used is:

a.

A minimum 26-gauge steel base sheet.

b.

Factory finished solid color material with a minimum paint quality grade of standard or better.

All steel panel roofing shall be installed per the most current edition of the state residential code and the manufacturer's installation instructions. Only manufacturer produced flashing, fasteners, trim pieces and vents shall be used in the installation of steel panel roofing. Variations on non-manufacturer produced accessories shall be pre-approved by the city building official for use with any steel panel roofing. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(17)

All residential dwellings must be built in conformance with the state residential code.

(18)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(19)

Any metal siding upon residential structure shall have horizontal edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district.

(20)

Driveways shall not be constructed closer than three feet to the property line. All driveways and approaches shall be hard surfaced using concrete, blacktop, or equivalent paving approved by the city engineer.

(21)

It shall be required that all front yards, rear yards, and side yards be sodded over a minimum of four inches of black dirt. Each lot shall also contain two front yard overstory deciduous trees of 2½ caliper inches. One of the required trees may be replaced by a six-foot conifer or two ornamental trees of two caliper inches. One additional overstory tree shall be planted in side corner yards on corner lots. In addition, all corner lots will contain an additional boulevard tree along the corner side yard. All trees shall meet the city's residential tree planting requirements. All landscaping work to be completed at the time of request for a certificate of occupancy if issued between May 15 and October 15, unless dates have been modified by the zoning administrator to accommodate unseasonable weather. A certificate of occupancy requested after October 15 and before May 15 may be issued with a cash deposit submitted by the builder in an amount required by the zoning administrator to guarantee installation of landscaping. Natural areas left undisturbed can be excluded from this requirement with the approval of the zoning administrator.

(22)

The lowest floor elevation shall be no lower than the regulatory flood protection elevation or four feet above the high groundwater level established by a registered professional engineer, whichever is greater.

(23)

All new homes constructed southeast or northeast of the county airport, as subsequently described shall meet the noise abatement standards, as provided for in section 129-21. The southeast area is bounded by 85th Avenue, 35 W, 95th Avenue and the Airport; the northeast area is bounded by 101st Avenue, Naples Street, 109th Avenue, and Radisson Road.

(Code 2004, pt. 3, § 29.035; Ord. No. 84-839, 9-6-1984; Ord. No. 84-856, 1-3-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 87-1000, 5-7-1987; Ord. No. 89-1163, 10-19-1989; Ord. No. 90-1193, 3-15-1990; Ord. No. 94-1501, 4-21-1994; Ord. No. 99-1799, 4-21-1994; Ord. No. 94-1543, 2-16-1995; Ord. No. 97-1686, 11-20-1997; Ord. No. 98-1694, 1-22-1998; Ord. No. 98-1705, 3-19-1998; Ord. No. 98-1743, 9-17-1998; Ord. No. 99-1771, 3-4-1999; Ord. No. 99-1813, 9-16-1999; Ord. No. 99-1823, 11-18-1999; Ord. No. 00-1836, 3-16-2000; Ord. No. 01-1903, 5-23-2001; Ord. No. 05-2053, 8-18-2005; Ord. No. 05-2062, 10-20-2005; Ord. No. 12-2249, 4-19-2012; Ord. No. 17-2371, 2-2-2017; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 23-2535, § 29.035, 12-18-2023)

The purpose of the Single-Family (R-1A) District is to allow low density single-family units in developing portions of the city. This district shall encourage larger lot single-family dwelling units utilizing city services of sanitary sewer, water, street, and storm drainage.

(Code 2004, pt. 3, § 29.051; Ord. No. 87-1044, 11-5-1987; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Single-Family (R-1A) Zone:

(1)

Single-family detached dwellings.

(2)

Group family day care.

(3)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.052; Ord. No. 87-1044, 11-5-1987; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Single-Family (R-1A) Zone:

(1)

Up to two private garages/accessory buildings.

(2)

Private swimming pools.

(3)

Private tennis courts and patios.

(4)

Signs as regulated under section 133-7(c).

(5)

Keeping of not more than two boarders or roomers per dwelling unit.

(6)

Keeping of not more than six hen chickens consistent with standards outlined in section 129-22.

(7)

Attached accessory dwelling unit consistent with the standards outlined in section 129-25, subject to approval of an administrative permit.

(Code 2004, pt. 3, § 29.053; Ord. No. 87-1044, 11-5-1987; Ord. No. 94-1501, 4-21-1994; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022)

The following are conditional uses in the Single-Family (R-1A) Zone:

(1)

Boardinghouse.

(2)

Home occupations as described in section 129-10(d).

(3)

Three garage/accessory buildings.

(4)

Recreation facilities such as golf courses and country clubs.

(5)

Detached accessory dwelling unit consistent with the standards outlined in section 129-25.

(Code 2004, pt. 3, § 29.054; Ord. No. 87-1044, 11-5-1987; Ord. No. 94-1501, 4-21-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022)

The following standards are required in the Single-Family (R-1A) Zone:

(1)

Front yard setback: 35 feet.

(2)

Side yard setback: ten feet.

(3)

Corner side yard setback: 25 feet.

(4)

Rear yard setback: 30 feet.

(5)

Rear yard and side yard setback for detached garage: 15 feet, and accessory buildings: five feet. Rear yard and side yard setback for accessory buildings less than 120 square feet: one foot. Corner yard setback for garages and accessory buildings: 25 feet.

(6)

Uses by conditional use permit section 109-142(4) shall have the following building setbacks for front yard, side yard, and rear yard: 50 feet.

(7)

Parking/driveway for conditional uses section 109-142(4) shall have a minimum setback of 25 feet.

(8)

Minimum lot size.

a.

12,150 square feet (interior lot) with city sewer and water services.

b.

13,500 square feet (corner lot) with city water and sewer services.

c.

Ten acres without city sewer and water services.

(9)

Minimum lot width.

a.

Minimum lot width as measured at the front setback line: 90 feet.

b.

Minimum corner lot width: 100 feet.

(10)

Minimum lot depth: 135 feet.

(11)

Maximum building height: 2½ stories or 35 feet. An accessory structure shall not exceed the height of the home.

(12)

Garages/accessory buildings.

a.

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 528 square feet (24 feet by 22 feet). Total combined garage and accessory building space shall not exceed 1,200 square feet. Attached garages shall have a side yard setback of not less than ten feet. Triple stall attached garages shall have a side yard setback of not less than five feet.

b.

The architectural style and color of a garage and accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building. Garage and accessory access doors shall not exceed ten feet in height.

(13)

No accessory building, other than a garage shall be located within any yard other than the rear yard, except that single story accessory buildings may be permitted in the side yard with the approval of the zoning administrator only if there is a door on the same side of the single-family dwelling that is accessible to living space. Side yard shed approval will also be based on a screening plan consisting of privacy fencing and or landscaping to minimize the impact to adjacent properties. Garages located in the rear yard must have capability of driveway access. The minimum width of access drive shall be no less than eight feet with a five-foot setback for a total width of 13 feet. Access can include the ability to drive through existing garage into the rear yard upon providing evidence that an eight-foot minimum width garage door has been installed along the rear of the garage and that access to rear door is not restricted by non-vehicular storage. If grass is unable to be maintained in the access drive, a driveway meeting the standards of subsection (20) of this section shall be installed to access the garage. Garages or accessory buildings not having driveway access capability shall be limited in door size to no more than six feet in width to preclude storage of vehicles normally requiring driveway access.

(14)

For a single-family dwelling, the minimum finished floor area at or above grade of the various kinds of dwellings shall be as follows:

a.

With basement: 1,500 square feet.

b.

Without basement: 1,700 square feet.

(15)

No residential structure shall have a width of less than 26 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(16)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(17)

All residential dwellings must be built in conformance with the state residential code.

(18)

Residential dwellings shall have roof overhangs which extend a minimum of two feet from the exterior wall of the structure or approved alternative.

(19)

Any single-family house constructed in this zoning district shall use the following exterior materials:

a.

Front elevation: use of wood, stone, stucco, fiber cement or composite siding, or brick. Metal or vinyl siding is also permitted on the front exterior when used in combination with wood, stone, stucco, or brick. The minimum gauge of the siding shall be 0.024 for metal and 0.042 for vinyl. The maximum coverage of metal and vinyl siding shall be 75 percent of front exterior exclusive of window and door openings.

b.

Side/rear elevations: use of wood, stone, stucco, brick, wood paneling, metal, fiber cement or composite siding product, or vinyl.

(20)

Driveways shall not be constructed closer than five feet to the property line. All driveways and approaches shall be hard surfaced using concrete, blacktop, or equivalent paving approved by the city engineer.

(21)

It shall be required that all front yards, side yards, and rear yards of a new single-family dwelling be sodded over a minimum of four inches of black dirt. Each lot shall also contain two front yard overstory deciduous trees of 2½ caliper inches. One of the required trees may be replaced by a six-foot conifer or two ornamental trees of two caliper inches. One additional overstory tree shall be planted in side corner yards on corner lots. All trees shall meet the city's residential tree planting requirements. All landscaping work to be completed at the time of request for a certificate of occupancy if issued between May 15 and October 15, unless dates have been modified by the zoning administrator to accommodate unseasonable weather. A certificate of occupancy requested after October 15 and before May 15 may be issued with a cash deposit submitted by the builder in an amount required by the zoning administrator to guarantee installation of landscaping. Any undisturbed area beyond the first 120 feet of lot depth may be left in its natural vegetative state.

(22)

The lowest floor elevation shall be no lower than the regulatory flood protection elevation or four feet above the high groundwater level established by a registered professional engineer, whichever is greater.

(23)

All new homes constructed southeast or northeast of the county airport, as subsequently described, shall meet the noise abatement standards, as provided for in section 129-21. The southeast area is bounded by 85th Avenue, 35W, 95th Avenue and the Airport; the northeast area is bounded by 101st Avenue, Naples Street, 109th Avenue, and Radisson Road.

(Code 2004, pt. 3, § 29.055; Ord. No. 87-1044, 11-5-1987; Ord. No. 89-1167, 11-16-1989; Ord. No. 90-1193, 3-15-1990; Ord. No. 90-1195, 3-15-1990; Ord. No. 90-1217, 8-2-1990; Ord. No. 92-1304, 8-20-1992; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1543, 2-14-1995; Ord. No. 96-1599, 5-16-1996; Ord. No. 98-1705, 3-19-1998; Ord. No. 98-1743, 9-17-1998; Ord. No. 99-1771, 3-4-1999; Ord. No. 01-1903, 3-4-1999; Ord. No. 99-1823, 11-18-1999; Ord. No. 00-1836, 3-16-2000; Ord. No. 05-2053, 8-18-2005; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 24-2568, § 29.055, 11-18-2024)

The purpose of the Single-Family (R-1AA) District is to allow low density single-family units in developing portions of the city where sanitary sewer and water services are available. This district establishes lot sizes and house sizes that are slightly larger than those of the R-1 District.

(Code 2004, pt. 3, § 29.041; Ord. No. 90-1181, 1-18-1990; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Single-Family (R-1AA) Zone:

(1)

Single-family detached dwellings.

(2)

Group family day care.

(3)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.042; Ord. No. 90-1181, 1-18-1990; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Single-Family (R-1AA) Zone:

(1)

Up to two private garages/accessory buildings.

(2)

Private swimming pools.

(3)

Keeping of not more than two boarders or roomers per dwelling unit.

(4)

Commercial day care accessory to a legal conforming church or school.

(5)

Keeping of not more than six hen chickens consistent with standards outlined in section 129-22.

(6)

Attached accessory dwelling unit consistent with the standards outlined in section 129-25, subject to approval of an administrative permit.

(Code 2004, pt. 3, § 29.043; Ord. No. 90-1181, 1-18-1990; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022)

The following are conditional uses in the Single-Family (R-1AA) Zone:

(1)

Boardinghouses.

(2)

Places of worship.

(3)

Schools.

(4)

Golf courses.

(5)

Home occupations as described in 129-10(d).

(6)

Three garage/accessory buildings.

(7)

Total combined garage and accessory structure space greater than 1,000 square feet and up to 1,200 square feet.

(8)

Detached accessory dwelling unit consistent with the standards outlined in section 129-25.

(Code 2004, pt. 3, § 29.044; Ord. No. 90-1181, 1-18-1990; Ord. No. 99-1799, 7-8-1999; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 29.044, 12-18-2023)

The following standards are required in the Single-Family (R-1AA) Zone:

(1)

Front yard setback: 30 feet.

(2)

Side yard setback: ten feet.

(3)

Corner lots: 20 feet.

(4)

Rear yard setback: 30 feet.

(5)

Garages and accessory buildings shall have rear and side yard setbacks of not less than five feet with the exception that accessory buildings less than 120 square feet shall meet a one-foot setback. Garages and accessory buildings shall meet a corner side yard setback of not less than 20 feet.

(6)

Conditional use permits under section 109-173(2) through (5) shall have the following setbacks:

a.

Building: 50 feet front, rear and side;

b.

Parking: 30 feet front, rear and side.

(7)

Minimum lot size: 10,800 square feet.

(8)

Lot width: 80 feet.

(9)

Lot width corner: 90 feet.

(10)

Minimum frontage: 60 feet.

(11)

Minimum depth: 125 feet.

(12)

Maximum building height shall not exceed 2½ stories or 30 feet, whichever is less.

(13)

It shall be required for all single-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet. Total combined garage and accessory building space shall not exceed 1,000 square feet unless specifically authorized by a conditional use permit. The architectural style and color of a garage and accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building. Garage/accessory building doors shall not exceed ten feet in height.

(14)

No accessory building, other than a garage shall be located within any yard other than the rear yard, except that single story accessory buildings may be permitted in the side yard with the approval of the zoning administrator only if there is a door on the same side of the single-family dwelling that is accessible to living space. Side yard shed approval will also be based on a screening plan consisting of privacy fencing and or landscaping to minimize the impact to adjacent properties. Garages located in the rear yard must have capability of driveway access. The minimum width of access drive shall be no less than eight feet with a three-foot setback for a total width of 11 feet. Access can include the ability to drive through existing garage into the rear yard upon providing evidence that an eight-foot minimum width garage door has been installed along the rear of the garage and that access to rear door is not restricted by non-vehicular storage. If grass is unable to be maintained in the access drive, a driveway meeting the standards of section 109-120(20) shall be installed to access the garage. Garages or accessory buildings not having driveway access capability shall be limited in door size to no more than six feet in width to preclude storage of vehicles normally requiring driveway access.

(15)

For a single-family dwelling, the minimum finished floor area above grade shall be 1,240 square feet.

(16)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(17)

All single-family dwellings and additions to single-family dwellings, other than earth-sheltered homes and rear yard pre-engineered patio enclosures, shall have at least a 3/12 roof pitch and shall have a shingled roof. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(18)

All residential dwellings must be built in conformance with the state residential code.

(19)

Any metal siding used on residential structures shall have horizontal edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district.

(20)

Residential driveways and vehicle parking areas shall not be constructed closer than three feet to the property line. All driveways, approaches and vehicle parking areas shall be hard surfaced using concrete, blacktop, or equivalent paving approved by the city engineer.

(21)

All front yards, rear yards, and side yards shall be sodded over a minimum of four inches of black dirt. All landscaping work to be completed at the time of request for a certificate of occupancy if issued between May 15 and October 15, unless dates have been modified by the zoning administrator to accommodate unseasonable weather. A certificate of occupancy requested after October 15 and before May 15 may be issued with a cash deposit submitted by the builder in an amount required by the zoning administrator to guarantee installation of landscaping. Natural areas left undisturbed can be excluded from this requirement with the approval of the zoning administrator. In addition, each lot shall contain two front yard overstory deciduous trees of 2½ caliper inches. One of the required trees may be replaced by a six-foot conifer or two ornamental trees of two caliper inches. One additional overstory tree shall be planted in side corner yards on corner lots. In addition, all corner lots will contain an additional tree along the corner side yard. All trees shall meet the city's residential tree planting requirements. Existing trees within the front yard can be substituted upon approval of the zoning administrator.

(22)

The lowest floor elevation shall be no lower than the regulatory flood protection elevation or four feet above the high groundwater level as established by a registered professional engineer, whichever is greater.

(23)

All new homes constructed southeast or northeast of the county airport, as subsequently described shall meet the noise abatement standards, as provided for in section 129-21. The southeast area is bounded by 85th Avenue, 35W, 95th Avenue and the Airport; the northeast area is bounded by 101st Avenue, Naples Street, 109th Avenue, and Radisson Road.

(Code 2004, pt. 3, § 29.045; Ord. No. 90-1181, 1-18-1990; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1543, 2-16-1995; Ord. No. 97-1686, 11-20-1997; Ord. No. 98-1705, 3-19-1998; Ord. No. 98-1743, 9-17-1998; Ord. No. 99-1771, 3-4-1999; Ord. No. 99-1799, 6-24-1999; Ord. No. 99-1813, 9-16-1999; Ord. No. 99-1823, 11-18-1999; Ord. No. 00-1836, 3-16-2000; Ord. No. 01-1903, 5-23-2001; Ord. No. 05-2053, 8-18-2005; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 23-2535, § 29.045, 12-18-2023; Ord. No. 24-2568, § 29.045, 11-18-2024)

The purpose of the Single-Family (R-1B) District is to allow low density single-family units in developing portions of the city. This district shall encourage tree preservation, open space, and larger lot single-family dwelling units utilizing city services of sanitary sewer, water, street, and storm drainage.

(Code 2004, pt. 3, § 29.061; Ord. No. 99-1770, 2-19-1999; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Single-Family (R-1B) Zone:

(1)

Single-family detached dwellings.

(2)

Group family day care.

(3)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.062; Ord. No. 91-1248, 4-4-1991; Ord. No. 99-1770, 2-19-1999; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Single-Family (R-1B) Zone:

(1)

Detached accessory buildings meeting the requirements of section 109-206(12) and chicken coops as regulated under section 129-22.

(2)

Private swimming pools.

(3)

Private tennis courts and patios.

(4)

Signs as regulated under section 133-7(c).

(5)

Keeping of not more than two boarders or roomers per dwelling unit.

(6)

Keeping of not more than six hen chickens consistent with standards outlined in section 129-22.

(7)

Attached accessory dwelling unit consistent with the standards outlined in section 129-25, subject to approval of an administrative permit.

(Code 2004, pt. 3, § 29.063; Ord. No. 99-1770, 2-19-1999; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 20-2465, 12-7-2020; Ord. No. 21-2489, 12-20-2021)

The following are conditional uses in the Single-Family (R-1B) Zone:

(1)

Boardinghouse.

(2)

Home occupations as described in section 129-10(d).

(3)

Recreation facilities such as golf courses and country clubs.

(Code 2004, pt. 3, § 29.064; Ord. No. 99-1770, 2-19-1999; Ord. No. 20-2447, 7-20-2020)

The following standards are required in the Single-Family (R-1B) Zone:

(1)

Front yard setback: 25 feet minimum.

(2)

Side yard setback: ten feet.

(3)

Corner side yard setback: 25 feet.

(4)

Rear yard setback: 35 feet.

(5)

Developments, structures, utilities, and all other site activities shall be designed, installed, and constructed so that the maximum number of trees are preserved on all lots or parcels. Flexibility of city standards shall be considered, when possible, to ensure the preservation of the maximum number of trees.

(6)

Parking/driveway for conditional uses shall have a minimum setback of 25 feet.

(7)

Minimum lot size: 15,000 square feet (interior lot) with city sewer and water services. 16,500 square feet (corner lot) with city water and sewer services. Ten acres without city sewer and water services.

(8)

Minimum lot width: 100 feet.

(9)

Minimum corner lot width: 110 feet.

(10)

Minimum lot depth: 135 feet.

(11)

Maximum building height: 2½ stories or 35 feet.

(12)

It shall be required for all single-family dwellings that there be an attached garage constructed of a minimum of 528 square feet (24 feet by 22 feet). Total attached garage space and detached accessory building space shall not exceed 1,200 square feet of gross area. A minimum garage shall be located on the lot such to allow for future expansion of ten feet in width.

a.

Garages (attached) shall have a rear and side yard setback of not less than ten feet. Detached accessory buildings shall have rear and side yard setback of not less than five feet. However, pursuant to section 34-369, no detached accessory building may be located in the protective buffer zone of any stormwater pond. The protective buffer zone for the R-1B district is 75 feet from the high water level of the stormwater pond as defined in section 34-313.

b.

One detached accessory building per lot is allowed and the square footage of the detached accessory building shall not exceed 120 square feet. A minimum garage shall be located on the lot such to allow for future expansion of ten feet in width.

c.

The architectural style and color of an attached garage and detached accessory building shall be compatible with the principal building. The facing material of the attached garage shall be compatible with the principal building. Garage (attached) doors shall not exceed ten feet in height and detached accessory building doors cannot exceed eight feet in height.

d.

Detached accessory buildings placed within a drainage and utility easement are done so at the owner's risk of removal by the city or other agencies that may have legal use of the easement.

(13)

No part of the garage shall be considered a livable area.

(14)

For a single-family dwelling, the minimum finished floor area at or above grade of the various kinds of dwellings shall be as follows:

a.

Without basement: 2,000 square feet.

b.

With basement: 1,800 square feet.

(15)

No residential structure shall have a width of less than 28 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(16)

All residential structures shall have permanent concrete or wood foundations, which comply with the adopted state residential code and which is solid for the complete circumference of the house.

(17)

All single-family dwellings, other than earth-sheltered homes, shall have at least a 5/12 roof pitch and shall have a shingled roof, unless alternative is approved by the zoning administrator.

(18)

All residential dwellings must be built in conformance with the residential code as adopted in the state.

(19)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(20)

Any single-family house constructed in this zoning district shall use the following exterior materials:

a.

Front elevation: Use of wood, fiber cement or composite siding, stone, stucco or brick. steel, or aluminum, or 0.041 or better vinyl siding may be used in combination with these other materials.

b.

Side/rear elevations: Use of wood, fiber cement or composite siding, stone, stucco, brick, aluminum, or steel, or 0.041 or better vinyl siding.

(21)

Driveways shall not be constructed closer than five feet to the property line. All driveways and approaches shall be hard surfaced using concrete, blacktop, or equivalent paving approved by the city engineer.

(22)

It shall be required that all front yards, side yards, and rear yards of a new single-family dwelling be sodded over a minimum of four inches of black dirt. Each lot shall contain a minimum of two front yard overstory deciduous trees of 2 ½ caliper inches. One of the required trees may be replaced by a six-foot conifer or two ornamental trees of two caliper inches. One additional overstory tree shall be planted in side corner yards on corner lots. All trees shall meet the city's residential tree planting requirements. Existing trees within the front yard can be substituted upon approval of the community development department. All landscaping work to be completed at the time of request for a certificate of occupancy if issued between May 15 and October 15. A certificate of occupancy requested after October 15 and before May 15 may be issued with a cash deposit submitted by the builder in an amount required by the zoning administrator to guarantee installation of landscaping. Natural areas left undisturbed can be excluded from this requirement with the approval of the zoning administrator.

(23)

The lowest floor elevation shall be no lower than the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(Code 2004, pt. 3, § 29.065; Ord. No. 94-1501, 4-21-1994; Ord. No. 99-1770, 2-19-1999; Ord. No. 01-1903, 5-23-2001; Ord. No. 01-1922, 10-4-2001; Ord. No. 20-2447, 7-20-2020; Ord. No. 20-2465, 12-7-2020)

The purpose of the Two-Family (R-2) District is to allow single- and two-family dwelling units in developing portions of the city where sanitary sewer and water services are available. This district shall be located adjacent to collector or arterial streets.

(Code 2004, pt. 3, § 29.071; Ord. No. 90-1222, 9-6-1990; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Two-Family (R-2) Zone:

(1)

Two-family detached dwellings.

(2)

Single-family detached dwelling meeting all requirements of section 109-120.

(3)

Group family day care.

(4)

State-licensed residential care facilities or housing with services established registered under M.S.A. ch. 144G serving six or fewer persons.

(Code 2004, pt. 3, § 29.072; Ord. No. 90-1222, 9-6-1990; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Two-Family (R-2) Zone:

(1)

Private garages/accessory buildings.

(2)

Private swimming pools.

(3)

One accessory building.

(4)

Commercial day care accessory to a legal conforming church or school.

(Code 2004, pt. 3, § 29.073; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Two-Family (R-2) Zone:

(1)

Boardinghouses.

(2)

Places of worship.

(3)

Public buildings.

(4)

Home occupations as described in section 129-10(d).

(5)

Golf courses.

(6)

Zero lot line splits.

(7)

More than two garage/accessory buildings.

(8)

Manufactured home park meeting the standards of article XIV of this chapter.

(Code 2004, pt. 3, § 29.074; Ord. No. 94-1501, 4-21-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.074, 12-18-2023)

The following standards are required in the Two-Family (R-2) Zone:

(1)

Front yard setback: 35 feet.

(2)

Side yard setback: ten feet.

(3)

Corner lots: 35 feet.

(4)

Rear yard setback: 30 feet.

(5)

Rear yard setback, detached garages and accessory buildings: five feet.

(6)

Minimum lot size: 14,000 square feet.

(7)

Zero lot line split: 6,250 square feet/lot.

(8)

Average lot width: 90 feet.

(9)

Minimum frontage: 60 feet.

(10)

Minimum depth: 125 feet.

(11)

Maximum building height shall not exceed 2½ stories or 30 feet, whichever is less.

(12)

Garages/accessory buildings.

a.

It shall be required for all two-family dwellings that there be a garage constructed of a minimum of 400 square feet with no dimension less than 20 feet for each individual dwelling unit. Total garage and accessory building space per unit shall not exceed ten percent of the lot area and in no case exceed 1,000 square feet of gross area. Garages shall have a side yard setback of not less than five feet.

b.

The architectural style and color of a garage or accessory building shall be compatible with the principal building. The facing material of the garage shall be compatible with the principal building. Garage access doors shall not exceed ten feet in height. No accessory building, other than the garage, shall be located within any yard other than the rear yard.

(13)

Conditional use permits (except for those uses in section 109-239(1), (4), (6) and (7) shall have the following setbacks:

a.

Front yard setback: 50 feet;

b.

Side yard setback: 50 feet;

c.

Rear yard setback: 50 feet.

(14)

No part of the garage shall be considered a livable area.

(15)

For two-family dwelling houses, the minimum finished floor area for one- and two-bedroom units shall be 850 square feet per unit. Each additional bedroom beyond two shall require an additional 120 square feet of finished floor area.

(16)

No residential structure shall have a width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

(17)

All residential structures shall have permanent concrete or wood foundations, which comply with the Adopted state residential code and which is solid for the complete circumference of the house.

(18)

All two-family and single-family dwellings and additions to two-family and single-family dwellings, other than earth-sheltered homes, shall have at least a 3/12 roof pitch and shall have a shingled roof. Pre-engineered patio enclosures shall be limited to not more than 320 square feet of floor area and shall not have any dimension greater than 20 feet. All pre-engineered patio enclosure plans need to be approved by the building department with issuance of a building permit.

(19)

All residential dwellings must be built in conformance with the adopted state residential code.

(20)

All residential dwellings shall have roof overhangs which extend a minimum of one foot from the exterior wall of the structure.

(21)

Any metal siding upon residential structure shall have horizontal edges and overlapping sections no wider than 12 inches. Sheet metal siding shall not be permitted in this residential district.

(22)

Driveways shall not be constructed closer than five feet to the property line except for common lot lines on zero lot line splits.

(23)

It shall be required that all front yards, rear yards, and side yards be sodded over a minimum of four inches of black dirt and that the work be completed at the time of request for a certificate of occupancy. Natural areas left undisturbed can be excluded from this requirement with the approval of the zoning administrator. Each lot shall contain two front yard overstory deciduous trees of 2½ caliper inches. One of the required trees may be replaced by a six-foot conifer or two ornamental trees of two caliper inches. One additional overstory tree shall be planted in side corner yards on corner lots.

(24)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(25)

Maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.075; Ord. No. 84-839, 9-6-1984; Ord. No. 84-856, 1-3-1985; Ord. No. 86-948, 6-5-1986; Ord. No. 86-972, 8-21-1986; Ord. No. 89-1141, 5-18-1989; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1538, 11-17-1994; Ord. No. 97-1686, 11-20-1997; Ord. No. 98-1743, 9-17-1998; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

The Low Density Multifamily (R-3A) District is intended to allow the development of townhouses or quads. These districts shall be located on the fringe of established one- and two-family residential neighborhoods.

(Code 2004, pt. 3, § 29.081; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

The following are permitted uses in the Low Density Multifamily (R-3A) Zone:

(1)

Townhouses.

(2)

Quads.

(3)

Group family day care.

(Code 2004, pt. 3, § 29.082; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Low Density Multifamily (R-3A) Zone:

(1)

Private garages.

(2)

Commercial day care accessory to a legal conforming church or school.

(Code 2004, pt. 3, § 29.083; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Low Density Multifamily (R-3A) Zone:

(1)

Schools.

(2)

Places of worship.

(3)

State-licensed residential care facility or state-licensed child care facility serving up to 16 persons.

(4)

Home occupations as described in section 129-10(d).

(5)

Golf courses (public and private).

(6)

Private tennis courts.

(7)

Private swimming pools.

(8)

Senior housing complying with standards as set forth in section 109-267.

(9)

Manufactured home park meeting the standards of article XIV of this chapter.

(Code 2004, pt. 3, § 29.084; Ord. No. 87-1017, 4-2-1987; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.084, 12-18-2023)

The following standards are required in quads and townhouses in the Low Density Multifamily (R-3A) Zone:

(1)

Minimum frontage: None.

(2)

Minimum depth: None.

(3)

Minimum width: None.

(4)

Setback from streets:

a.

From any public or private street internal to the quad or townhome development:

1.

Side of home with garage door: 25 feet.

2.

Side of home without garage door: 15 feet.

b.

From any other streets: 40 feet.

(5)

Setback from other lot lines:

a.

No setback required for unit lots.

b.

All other lots: 20 feet.

(6)

Minimum distance between buildings: 30 feet.

(7)

Number of units permitted per building: Minimum of three, maximum of six (townhouses only).

(8)

Maximum building height: 2½ stories or 30 feet, whichever is less.

(9)

Parking and driveways may be constructed to within the following minimum setbacks of property line.

a.

Front yard/corner side yard setback: 30 feet.

b.

Side yard setback: 20 feet.

c.

Rear yard setback: 20 feet.

(10)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(11)

Garage access doors shall not exceed eight feet in height.

(12)

Maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.085; Ord. No. 85-898, 8-15-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2568, § 29.085, 11-18-2024)

When higher density districts are located adjacent to lower density districts, the following setbacks shall apply for all buildings:

(1)

R-3A adjacent to single-family: 60 feet.

(2)

R-3A adjacent to R-2: 50 feet.

(3)

A reduction in the required setback buffer may be requested by following the requirements of section 129-20.

(Code 2004, pt. 3, § 29.086; Ord. No. 86-937, 4-3-1985; Ord. No. 85-898, 8-15-1985; Ord. No. 20-2447, 7-20-2020)

(a)

All open areas of any lot not occupied by building or parking shall be landscaped with trees, shrubs, and berms, in accordance with requirements of section 129-7.

(b)

Underground irrigation shall be required for all front yards and corner side yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 29.087; Ord. No. 89-1177, 1-4-1990; Ord. No. 20-2447, 7-20-2020)

At least 75 percent of the setback requirements shall be maintained as an opaque landscape buffer zone.

(Code 2004, pt. 3, § 29.088; Ord. No. 20-2447, 7-20-2020)

(a)

Notwithstanding other provisions of this chapter, senior housing projects shall meet the following requirements:

(1)

Minimum floor area.

a.

Efficiency: 440 square feet.

b.

One-bedroom: 520 square feet.

c.

Two-bedroom: 700 square feet (minimum 100 square feet per bedroom).

(2)

Minimum lot area: one acre.

(3)

Open space: 250 square feet per unit, plus on-site sidewalk system with sitting areas. This area shall not include setback area requirements for parking lots. Active open spaces (i.e., game areas, garden plots, etc.) shall be no less than 50 feet in any direction, unless integrated with primary use areas of the site and having suitable access to residents.

(4)

Recreation: Recreational areas for elderly, handicapped, and children shall be provided.

(5)

Height: 30 feet.

(6)

Maintenance free exteriors: maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.089, 4-2-1987; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020)

The Medium Density Multifamily (R-3B) District is intended to allow the development of townhouses, quads, and other types of medium density multifamily units located adjacent to major collector streets and served by public services and facilities.

(Code 2004, pt. 3, § 29.091; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

The following are permitted uses in the Medium Density Multifamily (R-3B) Zone:

(1)

Townhouses.

(2)

Quads.

(3)

Multiple dwellings.

(4)

Group family day care.

(Code 2004, pt. 3, § 29.092; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Medium Density Multifamily (R-3B) Zone:

(1)

Private garages.

(2)

Commercial day care accessory to a legal conforming church or school.

(Code 2004, pt. 3, § 29.093; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Medium Density Multifamily (R-3B) Zone:

(1)

Schools.

(2)

Places of worship.

(3)

State-licensed residential care facility or state-licensed child care facility serving up to 16 persons.

(4)

Golf courses (public and private).

(5)

Home occupations as regulated by section 129-10(d).

(6)

Private tennis courts.

(7)

Private swimming pools.

(8)

Senior housing complying with standards as set forth in section 109-309.

(9)

Structure heights of greater than 2½ stories or 30 feet for non-senior multiple dwellings.

(10)

Manufactured home park meeting the standards of article XIV of this chapter.

(Code 2004, pt. 3, § 29.094; Ord. No. 87-1017, 4-2-1987; Ord. No. 88-1072, 3-17-1988; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.094, 12-18-2023)

The following standards are required in quads and townhouses in the Medium Density Multifamily (R-3B) Zone:

(1)

Minimum frontage: None.

(2)

Minimum depth: None.

(3)

Minimum width: None.

(4)

Setback from streets:

a.

From any public or private street internal to the quad or townhome development:

1.

Side of home with garage door: 25 feet.

2.

Side of home without garage door: 15 feet.

b.

From any other streets: 40 feet.

(5)

Setback from other lot lines:

a.

No setback required for unit lots.

b.

All other lots: 20 feet.

(6)

Minimum distance between buildings: 30 feet.

(7)

Number of units permitted per building: minimum of three, maximum of six (townhouses only).

(8)

Maximum building height: 2½ stories or 30 feet, whichever is less.

(9)

Parking and driveways may be constructed to within the following minimum setbacks of property line:

a.

Front yard/corner side yard setback: 30 feet.

b.

Side yard setback: 20 feet.

c.

Rear yard setback: 20 feet.

(10)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(11)

Garage access doors shall not exceed eight feet in height.

(12)

Maintenance-free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.095; Ord. No. 85-898, 8-15-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. of 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2568, § 29.095, 11-18-2024)

The following standards are required in multiple dwelling units in the Medium Density Multifamily (R-3B) Zone:

(1)

Minimum width: none.

(2)

Minimum frontage: none.

(3)

Minimum depth: none.

(4)

Front yard setback: 45 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 30 feet.

(7)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: 20 feet.

3.

Rear yard: 20 feet.

b.

When a R-3B, multiple-family, is located adjacent to a R-1 or R-2 zoning district, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(8)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(9)

Maximum building height: 2½ stories or 30 feet, whichever is less. Greater heights up to 50 feet as permitted by conditional use permit.

(10)

Maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.096; Ord. No. 85-898, 8-15-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 88-1072, 3-17-1988; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2568, § 29.096, 11-18-2024)

When higher density districts are located adjacent to lower density districts, the following setbacks shall apply for all buildings.

(1)

R-3B adjacent to single-family districts, other than RE: 80 feet.

(2)

R-3B adjacent to R-2: 60 feet.

(3)

R-3B adjacent to RE: 30 feet.

(4)

A reduction in the required setback buffer may be requested by following the requirements of section 129-20.

(Code 2004, pt. 3, § 29.097; Ord. No. 85-898, 8-15-1985; Ord. No. 86-937, 4-3-1986; Ord. No. 20-2447, 7-20-2020)

(a)

All open areas of any lot not occupied by building or parking shall be landscaped with trees, shrubs, and berms, in accordance with requirements of section 129-7.

(b)

Underground irrigation shall be required for all front yards and corner side yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 29.098; Ord. No. 89-1177, 4-1-1990; Ord. No. 20-2447, 7-20-2020)

At least 75 percent of the setback requirements shall be maintained as an opaque landscape buffer zone.

(Code 2004, pt. 3, § 29.099; Ord. No. 20-2447, 7-20-2020)

For multiple dwellings, garbage receptacles must be in either the rear or side yards and screened from public view by a six-foot-high solid fence.

(Code 2004, pt. 3, § 29.0991; Ord. No. 20-2447, 7-20-2020)

Parking is permitted in the front yards, provided that the parking area is opaquely screened from public view by a combination of berms and plantings.

(Code 2004, pt. 3, § 29.0992; Ord. No. 85-898, 8-15-1985; Ord. No. 20-2447, 7-20-2020)

Notwithstanding other provisions of this chapter, elderly/retirement housing projects shall meet the following requirements:

(1)

Minimum floor area.

a.

Efficiency: 440 square feet.

b.

One-bedroom: 520 square feet.

c.

Two-bedroom: 700 square feet (minimum 100 square feet per bedroom).

(2)

Minimum lot area: one acre.

(3)

Open space: 250 square feet per unit, plus on-site sidewalk system with sitting areas. This area shall not include setback area requirements for parking lots. Active open spaces (i.e., game areas, garden plots, etc.) shall be no less than 50 feet in any direction, unless integrated with primary use areas of the site and having suitable access to residents.

(4)

Recreation: Recreational areas for elderly, handicapped, and children shall be provided.

(5)

Height: 50 feet.

(6)

Maintenance free exterior: maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.0993, 4-2-1987; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020)

The High Density Multifamily (R-3C) District is intended to create, preserve, and enhance areas for multifamily use at higher densities for both permanent and more transient families. It is appropriate only in areas served by public utilities, with good accessibility to thoroughfares, retail and other services.

(Code 2004, pt. 3, § 29.101; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

The following are permitted uses in the High Density Multifamily (R-3C) Zone:

(1)

Townhouses.

(2)

Quads.

(3)

Multiple dwellings.

(4)

Group family day care.

(Code 2004, pt. 3, § 29.102; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the High Density Multifamily (R-3C) Zone:

(1)

Private garages.

(2)

Commercial day care accessory to a legal conforming church or school.

(Code 2004, pt. 3, § 29.103; Ord. No. 94-1527, 7-21-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the High Density Multifamily (R-3C) Zone:

(1)

Schools.

(2)

Places of worship.

(3)

State-licensed residential care facility or state-licensed child care facility serving up to 16 persons.

(4)

Home occupations as described in section 129-10(d).

(5)

Golf courses (public and private).

(6)

Private swimming pools.

(7)

Private tennis courts.

(8)

Senior housing complying with standards as set forth in section 109-348.

(9)

Structure height of greater than 2½ stories or 30 feet for non-senior multiple dwellings.

(10)

Manufactured home park meeting the standards of article XIV of this chapter.

(Code 2004, pt. 3, § 29.104; Ord. No. 87-1017, 4-2-1987; Ord. No. 88-1072, 3-17-1988; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.104, 12-18-2023)

The following standards are required for quads and townhouses in the High Density Multifamily (R-3C) Zone:

(1)

Minimum frontage: none.

(2)

Minimum depth: none.

(3)

Minimum width: none.

(4)

Setback from streets:

a.

From any public or private street internal to the quad or townhome development:

1.

Side of home with garage door: 25 feet.

2.

Side of home without garage door: 15 feet.

b.

From any other streets: 40 feet.

(5)

Setback from other lot lines:

a.

No setback required for unit lots.

b.

All other lots: 20 feet.

(6)

Minimum distance between buildings: 30 feet.

(7)

Number of units permitted per building: minimum of three, maximum of six (townhouses only).

(8)

Maximum building height: 2½ stories or 30 feet, whichever is less.

(9)

Parking and driveways may be constructed to within the following minimum setbacks of property line:

a.

Front yard/corner side yard: 30 feet.

b.

Side yard: 20 feet.

c.

Rear yard: 20 feet.

(10)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(11)

Garage access doors shall not exceed eight feet in height.

(12)

Maintenance-free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.105; Ord. No. 85-898, 8-15-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 94-1501, 4-21-1994; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2568, § 29.105, 11-18-2024)

The following standards are required for multiple dwelling units in the High Density Multifamily (R-3C) Zone:

(1)

Minimum frontage: none.

(2)

Minimum depth: none.

(3)

Front yard: 55 feet.

(4)

Rear yard: 20 feet.

(5)

Side yard: 20 feet.

(6)

Parking: one-half garage space plus two off-street spaces per unit.

(7)

Minimum distance between buildings: 40 feet.

(8)

Maximum building height: 2½ stories or 30 feet, whichever is less; greater heights permitted by conditional use permit.

(9)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: 20 feet.

3.

Rear yard: 20 feet.

b.

When a R-3C, multiple-family, is located adjacent to a single- or two-family zoning district, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(10)

The lowest floor elevation shall be no lower than two feet above the regulatory flood protection elevation or four feet above the high water level established by a registered professional engineer, whichever is greater.

(11)

Maintenance-free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.106; Ord. No. 85-898, 8-15-1985; Ord. No. 86-972, 8-21-1986; Ord. No. 88-1072, 3-17-1988; Ord. No. 94-1538, 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2568, § 29.106, 11-18-2024)

When higher density districts are located adjacent to lower density districts, the following setbacks shall apply for all yards and shall not be used for parking.

(1)

R-3C adjacent to single-family zoning districts: 100 feet.

(2)

R-3C adjacent to R-2: 70 feet.

(3)

R-3C adjacent to R-3A: 50 feet.

(4)

R-3C adjacent to R-3B: 30 feet.

(5)

A reduction in the required setback buffer may be requested by following the requirements of section 129-20.

(Code 2004, pt. 3, § 29.107; Ord. No. 86-937, 4-3-1986; Ord. No. 20-2447, 7-20-2020)

(a)

Parking is permitted in the side or front yards, provided that the parking area is effectively screened from public view by a combination of fence, plantings, and berms.

(b)

For additional requirements, refer to section 129-13.

(Code 2004, pt. 3, § 29.108; Ord. No. 85-898, 8-15-1985; Ord. No. 20-2447, 7-20-2020)

(a)

All open areas of any lot not occupied by building or parking shall be landscaped with trees, shrubs, and berms, in accordance with the regulations of section 129-7.

(b)

Underground irrigation shall be required for all front yards and corner side yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 29.109; Ord. No. 89-1177, 1-4-1990; Ord. No. 20-2447, 7-20-2020)

At least 75 percent of the setback requirements between districts shall be maintained as a landscape buffer zone sufficient enough to provide an opaque screen. The buffer zone shall contain a combination of trees, shrubs, berms and fences.

(Code 2004, pt. 3, § 29.1091; Ord. No. 20-2447, 7-20-2020)

For multiple dwellings, garbage receptacles must be in either the rear or side yards and screened from public view by a six-foot-high solid fence.

(Code 2004, pt. 3, § 29.1092; Ord. No. 20-2447, 7-20-2020)

Notwithstanding other provisions of this chapter, elderly/retirement housing projects shall meet the following requirements:

(1)

Minimum floor area.

a.

Efficiency: 440 square feet.

b.

One-bedroom: 520 square feet.

c.

Two-bedroom: 700 square feet (minimum 100 square feet per bedroom).

(2)

Minimum lot area: one acre.

(3)

Open space: 250 square feet per unit, plus on-site sidewalk system with sitting areas. This area shall not include setback area requirements for parking lots. Active open spaces (i.e., game areas, garden plots, etc.) shall be no less than 50 feet in any direction, unless integrated with primary use areas of the site and having suitable access to residents.

(4)

Recreation: Recreational areas for elderly, handicapped, and children shall be provided.

(5)

Height: 50 feet, with greater heights permitted by CUP.

(6)

Maintenance free exteriors: maintenance free exterior as approved by the zoning administrator.

(Code 2004, pt. 3, § 29.1093, 4-2-1987; Ord. No. 94-1538, 11-17-94; Ord. No. 20-2447, 7-20-2020)

The Development Flex (DF) District (formerly known as the residential flex district) is intended to provide for greater flexibility in land use planning and maximize the choice of housing types and styles than is possible under the strict application of other sections of this subpart. The development flex district also attempts to create a reasonable balance between the interests of the property owner in freely developing said owner's property with greater flexibility in land uses, and at the same time protect the interest of surrounding properties in the following ways:

(1)

By encouraging a more creative approach in housing developments, that will result in quality living environments through innovative design and aesthetic controls;

(2)

By permitting a combination of housing types and style, including single-family, two-family, and multiple-family dwellings, with the exception of manufactured homes;

(3)

By allowing flexibility in design by permitting cluster developments and a variety of architectural styles and treatments;

(4)

By allowing for any type of ownership, private, condominium, or rental;

(5)

By allowing flexibility in setback and height restrictions;

(6)

By allowing nonresidential uses, such as commercial or light industrial uses which will serve the inhabitants of such district, provided such nonresidential uses will enhance the character, amenities, and convenience of those who live in the proposed development;

(7)

By providing an efficient use of land resulting in more cost efficient installation of utilities, streets, and other facilities.

(8)

By encouraging the preservation of common open space, recreational facilities, natural features, such as woodland and wetland areas;

(9)

By contributing to the tax base of the community without making undue demands on the community services; and

(10)

By providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of the city zoning regulations and subdivision ordinance, while, at the same time, preserving the health, safety, order, convenience, prosperity, and general welfare of the city and its inhabitants.

(Code 2004, pt. 3, § 29.111; Ord. No. 97-1658, 5-15-1997; Ord. No. 20-2447, 7-20-2020)

The Development Flex (DF) District is a zoning district which may be allowed in combination with any residential, commercial, or light industrial land use designation. Every proposal presented to the city council for rezoning to the development flex district shall be accompanied by a conditional use permit application and a site plan. The city council shall consider the following criteria and objectives in processing the application for rezoning to development flex district and the application for the conditional use permit:

(1)

That the proposal shall provide for a wider range of housing types, price ranges and styles than could be accomplished under the existing zoning;

(2)

That the proposal shall provide amenities and facilities and open spaces greater than the minimum requirements under existing zoning;

(3)

That the proposed development is compatible with the purpose and intent of this subpart and with the comprehensive plan;

(4)

That the proposal shall in no way be detrimental to the environment. Scenic aspects and natural features, such as streams, trees, topography, and geological features, shall be protected and preserved to the greatest extent possible;

(5)

That the proposal shall not impose any undue burden upon the public services and facilities, such as fire and police protection, schools, streets, water systems, sanitary sewer systems, and storm sewer systems;

(6)

That the proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries, and also which will not be detrimental to future land uses in the surrounding areas; and

(7)

That the proposal be consistent with all other applicable city and state regulations.

(Code 2004, pt. 3, § 29.112; Ord. No. 97-1658, 5-15-1997; Ord. No. 20-2447, 7-20-2020)

(a)

Prior to making an application for the conditional use permit and rezoning to the development flex district, the developer shall meet with the zoning administrator to review all applicable ordinances, regulations and plans that will affect the area to be rezoned.

(b)

The developer shall present a concept plat or site plan to the zoning administrator. The zoning administrator shall review the concept design and recommend changes to comply with the criteria listed in section 109-371.

(c)

Upon staff approval of concept plan a formal application may be made for a rezoning and conditional use permit. If applicable, an application for preliminary plat shall be made concurrently.

(1)

The rezoning and conditional use permit shall be reviewed and considered as outlined under sections 101-3 and 101-4. The public hearing for the proposed rezoning shall be held concurrently with the conditional use permit and preliminary plat. A rezoning to development flex shall not be made without a conditional use permit.

(2)

Prior to approval of building permits, the zoning administrator shall find that all standards listed in the conditional use permit have been satisfied in the site plan, building permit, or plat applications.

(3)

Any changes to the standards or allowed uses within an area zoned DF shall require a conditional use permit amendment.

(4)

If construction does not commence within two years after issuance of the conditional use permit, the council may initiate rezoning to remove the development flex district zoning and rezone the property to the zoning that was in effect at the time of the initial rezoning.

(Code 2004, pt. 3, § 29.113; Ord. No. 20-2447, 7-20-2020)

(a)

Submittal requirements for DF zoning when involving a new residential subdivision, including single-family homes, duplexes, quads, and townhomes, the application shall include:

(1)

All materials required for a preliminary plat in section 74-46.

(2)

Floor plans and elevations for all proposed homes.

(3)

Anticipated pricing for proposed homes.

(4)

Tree preservation plan meeting the requirements of section 129-9.

(5)

Landscape plan, including plant materials proposed for common areas and for individual lots.

(6)

Narrative explaining the proposed development and mix of housing types.

(b)

Submittal requirements for DF zoning when involving multifamily dwellings, commercial, industrial, or institutional uses shall include:

(1)

Certificate of survey including all existing structures.

(2)

Grading plan existing and proposed grades at two-foot contour intervals to a known datum, sufficient spot elevations on all proposed hard surfaces, location of proposed stormwater facilities, identification of areas within a flood hazard zone, finished floor elevations of all buildings.

(3)

Utility plan proposed location and size of all utility lines.

(4)

Site plan, including location of all proposed buildings and proposed uses, location of driveway and parking areas, building and parking setbacks, location of refuse areas, location of outdoor storage areas.

(5)

Tree preservation plan meeting the requirements of section 129-9.

(6)

Landscape plan meeting the requirements of section 129-7.

(7)

Floor plan of proposed buildings, including dimensions of proposed rooms, specification of uses.

(8)

Elevations of the proposed building identifying exterior treatment, materials, and colors.

(9)

Calculation of necessary parking spaces.

(10)

Narrative explaining the operation of the property.

(11)

Other information; the staff may require the applicant to furnish such additional information as may be necessary.

(Code 2004, pt. 3, § 29.114; Ord. No. 20-2447, 7-20-2020)

In order to provide maximum flexibility, no fixed standards shall apply to the development flex district. All standards for the development shall be established in a conditional use permit. In determining appropriate standards, the city council shall consider for any proposed use the regulations prescribed in other sections of this subpart for the classification most closely resembling the proposed use. Unless specifically contradicted in the conditional use permit, all standards listed in chapter 129 shall apply.

(Code 2004, pt. 3, § 29.115; Ord. No. 20-2447, 7-20-2020)

Accessory dwelling units, attached are a permitted accessory use in the DF zoning district when accessory to a detached single-family home, subject to the standards outlined in section 129-25.

(Code 2004, pt. 3, § 29.116; Ord. No. 21-2489, 12-20-2021)

The purpose of the Manufactured Homes (R-4) Zoning District is to allow manufactured home parks in appropriate areas of the city.

(Code 2004, pt. 3, § 29.121; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Manufactured Homes (R-4) Zone:

(1)

Manufactured homes.

(2)

Group family day care.

(Code 2004, pt. 3, § 29.122; Ord. No. 91-1248, 4-4-1991; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Manufactured Homes (R-4) Zone:

(1)

Within the community building: barber and beauty shops, laundromats, small grocery stores.

(2)

Carport or garage not to exceed 624 square feet.

(3)

Shed (accessory building) not to exceed 200 square feet.

(Code 2004, pt. 3, § 29.123; Ord. No. 94-1540, 11-17-1994; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Manufactured Homes (R-4) Zone:

(1)

Home occupations, as described in section 129-10(d).

(2)

Manufactured home sales office.

(3)

Manufactured home sales lots in conformity with section 109-398(22).

(Code 2004, pt. 3, § 29.124; Ord. No. 86-975, 9-18-1986; Ord. No. 20-2447, 7-20-2020)

The following standards are required in the Manufactured Homes (R-4) Zone:

(1)

Minimum acreage of manufactured home park: 20 acres.

(2)

Minimum lot size: 4,500 square feet.

(3)

Minimum frontage: 60 feet.

(4)

Front yard setbacks: ten feet from the curb; five feet from the sidewalk.

(5)

Where an alley is provided adjacent to the rear line, there shall be a minimum setback of five feet.

(6)

Side yard setback: five feet.

(7)

Minimum distance between manufactured homes: 20 feet.

(8)

Where a manufactured home park abuts a residential district, there shall be a setback of at least 100 feet which shall be landscaped and maintained.

(9)

The parking of more than one manufactured home on any single lot is not permitted.

(10)

A patio shall be constructed on the ground beside each manufactured home parking space. The patio shall not be less than 200 square feet in area, constructed of concrete, with four-inch thickness or its approved equivalent.

(11)

Every manufactured home park or recreational camping area shall be located on a well-drained area and the premises shall be properly graded so as not to permit the accumulation of stormwater or other waters, subject to the approval of the city manager. Such approval shall be given upon a showing that the accumulation of water will not violate other laws, rules or ordinances and will not endanger public health or public safety.

(12)

Landscaping.

a.

At least one overstory tree shall be placed and maintained on each lot.

b.

Except for the areas used for the manufactured home, patios, sidewalks, and off-street parking areas, the entire lot shall be sodded and maintained with grass.

(13)

Parking.

a.

An off-street parking area of at least 440 square feet shall be provided for each manufactured home lot. The parking area surface shall be equal to street construction.

b.

A parking area equal to one space for each ten manufactured home lots shall be provided adjacent to the community building.

(14)

Streets, curbs and sidewalks.

a.

Each manufactured home park lot shall abut on and have access to a public or private street. The street shall be constructed of a minimum of two inches of bituminous surface material on a Minnesota Department of Transportation (MnDOT) Class 5 base of at least four-inch thickness.

b.

A concrete curb shall be constructed on each side of the street. The face of this curb shall be at least 15 feet from the centerline of said street. The curb design shall be of a type approved by the city engineer.

c.

A concrete sidewalk, not less than 36 inches wide, shall be constructed.

(15)

Water and sewer facilities, burial of utility lines.

a.

Water facilities and sewage disposal shall be installed and maintained by the owner of the manufactured home park and shall be constructed in accordance with the laws of the state, the recommendations of the state health department, and ordinances and requirements of the city.

b.

All utility lines within the manufactured home park shall be buried.

(16)

Fire hydrants. Fire hydrants shall be placed throughout the area in such a way to satisfy the state department of public safety, fire marshal division, that adequate fire protection is achieved.

(17)

Lighting.

a.

Street lighting shall be installed and maintained by the owner of the manufactured home park and shall be constructed in accordance with all applicable laws and ordinances.

b.

A streetlight standard that extends 25 feet above ground level shall be provided at each entrance to a manufactured home park and at each intersection therein. Similar standards shall be provided at 150 feet intervals on all streets. Such standards shall be equipped with 175-watt light and provided with photo control and a 15 amp fuse connector kit.

(18)

Storage of boats, etc.

a.

All boats, boat trailers, hauling trailers, and all other equipment not stored within the manufactured home or stored within the utility enclosure that may have been provided, shall be stored in a separate area provided by the park, and shall not be stored upon the lot occupied by manufactured homes, nor upon the streets within the manufactured home park.

b.

The storage area provided by the park must be secured for the storage of boats, campers, and hauling trailers and must be fenced with a minimum of six-foot-high fencing. The storage area shall include at least 200 square feet of area for each ten manufactured home lots.

(19)

Park and recreation. A minimum of ten percent of the total manufactured home park shall be devoted to park and recreation and shall be furnished with playground equipment.

(20)

Office and community building. In a manufactured home park, an adequate office and community building shall be provided with a minimum square footage of 3,000 square feet.

(21)

Storm shelter and civil defense.

a.

Storm shelters shall be provided in each manufactured home park. Such shelters shall be constructed so as to provide safety for the occupants of the manufactured home park in the event of a tornado. A minimum of four square feet of shelter space shall be provided for each resident of the park.

b.

An approved civil defense siren must be installed by the developer of the manufactured home park as close to the center of the manufactured home park as possible.

(22)

Manufactured homes building code. All manufactured homes occupied or stored in a manufactured home park shall comply with the requirements of manufactured homes building code.

(23)

Driveways shall not be constructed closer than five feet to the property line without written authorization from the adjacent property owner and zoning administrator.

(24)

Accessory buildings (garages, carports, or sheds).

a.

Side and rear yard setbacks: five feet.

b.

Front yard setbacks: ten feet from the curb; five feet from the sidewalk.

c.

Minimum distance between accessory buildings and manufactured homes on neighboring lots: five feet.

d.

Color of accessory building shall be compatible with the principal building.

e.

Accessory building total height shall not exceed 12 feet.

f.

Requests for building permits shall be submitted through park management. The management shall submit a survey of the lot showing the location of the garage or carport, manufactured home, patio, off-street parking area, sidewalk, and landscaping prior to issuance of a building permit.

(25)

Manufactured home sales lots.

a.

An application for a special use permit to operate a manufactured home sales lot under the provisions of this chapter shall be made to the city.

b.

The application for a manufactured home sales lot in a manufactured home park shall show its location in relation to manufactured homes used as dwellings.

c.

On all manufactured home sales lot sites, a permanent building with at least 1,200 square feet of floor space shall be constructed.

d.

Manufactured home sales lots shall be properly screened from any residential use with trees, shrubs, or walls, and there shall be maintained a 100-foot landscaped green area around the perimeter of such sales lot. If a sales lot abuts a public street, a 30-foot setback shall be required.

(Code 2004, pt. 3, § 29.125; Ord. No. 86-948, 6-5-1986; Ord. No. 94-1540, 11-17-1994; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 29.125, 12-18-2023; Ord. No. 24-2559, 9-16-2024)

(a)

Survey and design information required. The manufactured home park plan shall be clearly and legibly drawn at a scale of one inch equals 50 feet, or 100 feet, or 200 feet and shall contain the following information:

(1)

Identification and description.

a.

The proposed name of the plan, which shall not duplicate or be similar in pronunciation to the name of any plan previously recorded in the county.

b.

The location of the plan by section, township, and range or by other legal description.

c.

The names and addresses of the owners, subdivider, surveyor and designer.

d.

Graphic scale, north point, date of preparation.

(2)

Existing conditions.

a.

A boundary line survey of the proposed plan, including measured distances and angles, which shall be tied into the nearest section of quarter section corner by traverse.

b.

Existing zoning classifications for land within the plan and on abutting property within 350 feet of the property within the manufactured home park plan.

c.

Total acreage.

d.

Location, width, and name of every existing or previously platted street or other public way, showing type, width and condition of improvements, railroad and utility right-of-way, parks, and other public open spaces, permanent buildings and structures, easements, section lines and corporate lines within the proposed plan and within a distance of 350 feet beyond the proposed plan.

e.

If the proposed plan is a rearrangement or replat of any former plan, the lot and block arrangement of the original plan, along with its original name, shall be indicated by dotted or dash lines. Also, any revised or vacated roadways of the original plan shall be so indicated.

f.

Location and size of existing sewers, watermains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract, including such data as grades, invert elevations, and locations of catchbasins, utility holes, and hydrants.

g.

Boundary lines of unsubdivided lands within 350 feet, identified by name and ownership.

(3)

Plan design features.

a.

Layout of proposed streets showing right-of-way widths and proposed street names. If the proposed street is an extension of an existing named street, that name shall be used. In all other cases, the name of any street shall be consistent with the county and city street naming system.

b.

Locations and widths of alleys, pedestrian ways, and utility easements.

c.

Layout, numbers, and preliminary dimensions of lots and blocks.

d.

Areas intended to be dedicated or reserved for public use, including their size in acres.

e.

Areas intended for uses other than residential or public.

f.

Minimum front and side street building setback lines, as required by city zoning regulations.

(b)

Supplementary information required. The following information shall be filed with the manufactured home park plan:

(1)

Soil absorption tests where septic tanks are proposed, and any other subsoil information requested by the city engineer, including soil borings to a depth of at least 15 feet.

(2)

Plans for water supply, sewage disposal, drainage system, and flood control, including the proposed location, size and gradient of proposed sewer lines and watermains, and such other supporting data, as may be required by the city engineer or the planning commission.

(3)

Centerline gradients of proposed streets.

(4)

Typical cross section of proposed street improvements.

(5)

If any zoning changes are necessary for property within the manufactured home park plan, a rezoning application shall be filed and considered concurrently by the council with the manufactured home park plan.

(6)

Where the subdivider owns property adjacent to that which is being proposed for subdivision, the planning commission may require that the subdivider submit a manufactured home park plan of the adjacent property so as to show the relationship of the proposed plan to the future development of the adjacent property.

(7)

Any additional information required by the planning commission and city staff.

(c)

Qualifications governing approval of a manufactured home park plan.

(1)

The approval of a manufactured home park plan by the council shall only constitute acceptance of the design as a basis for the preparation of the final manufactured home park plan by the owners or subdividers. Subsequent approval by appropriate officials having jurisdiction will be required of the engineering proposals, pertaining to water supplies, storm drainage, sewer disposal, sidewalks, grading, gradients, and roadway widths, and the surfacing of streets prior to the approval of final manufactured home park plan by the city. The subdivider shall also present evidence that the manufactured home park plan has been reviewed by, and meets the requirements of, those responsible for the provision of gas, electric, and telephone service.

(2)

No subdivision will be approved for a manufactured home park plan which includes any area subject to periodic flooding or which contains poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the city engineer, make the area completely safe for occupancy and provide adequate street and lot drainage.

(Code 2004, pt. 3, § 29.126; Ord. No. 20-2447, 7-20-2020)

(a)

Preapplication requirements. Prior to the preparation of a manufactured home park plan, the owners shall meet with the director of community development, the city engineer, and other appropriate officials, to review all applicable ordinances, regulations and plans in the area to be subdivided. At this time, or at subsequent informal meetings, the subdivider shall submit a general sketch plan of the proposed subdivision and drainage plan. The sketch plan can be presented in a simple form but should include any zoning changes which would be required and should show that consideration has been given to the relationship of the proposed subdivision to existing community facilities that would serve it, to neighboring subdivision and development, and to the topography of the site. The subdivider is urged to avail such person of the advice and assistance of the planning commission at a planning commission meeting at this point, in order to save time and effort and facilitate the approval of the preliminary plan.

(b)

Preliminary plan. After the preapplication meeting, the subdivider shall file, with the director of community development, an application and the preliminary plan which has been prepared in accordance with regulations set forth in this chapter. At the time of submission of the preliminary plan, a cash fee established by ordinance shall be paid to the city. This fee shall be used to defray costs incurred by the city in connection with consideration of the proposed subdivision.

(1)

The administrative review committee shall undertake a comprehensive review of the preliminary plan in order to determine how the proposed development will affect traffic, utilities, drainage, community facilities, public safety, surrounding development, natural features, historic sites, open space, etc. The committee shall also consider the proposed development in terms of its conformity with the city's comprehensive land use plan.

(2)

The director of community development shall submit copies of the preliminary plan to the county highway department, the state highway department (where applicable). The written report from the above-mentioned agencies shall be submitted to the director of community development prior to referral to the planning commission.

(3)

The director of community development shall refer copies of the preliminary plan to the planning commission. The director of community development shall arrange for a public hearing to be held. The required legal publication shall be made and notices shall be sent to all property owners of record within 350 feet of all contiguous property under common ownership.

(4)

The subdivider or a duly authorized representative shall attend the planning commission meetings at which the proposal is scheduled for consideration.

(5)

At the public hearing all persons interested in the proposed subdivision shall be heard, and the planning commission shall, approve, modify and approve, or disapprove the preliminary plan, and submit to the council, the applicant, and the administrator, its findings and recommendations. The council shall act upon the preliminary plan and send written notification of its action to the planning commission, administrator, and the applicant. Should the subdivider desire to amend the preliminary plan as approved, such person shall submit the amended plan in accordance with the original procedure set forth above, with the exception of the public hearing and fees. If the council determines that the scope of the revisions constitutes a new plan, then the public hearing and fees shall be required.

(c)

Final plan.

(1)

The subdivider, within 180 days after the approval of the preliminary plan, shall file with the administrator a copy of the final plan prepared by a land surveyor duly registered in the state. Failure of the subdivider to submit the final plan within 180 days, unless a written request for extension has been submitted and for good cause granted by the council, shall cause the preliminary plan to become null and void.

(2)

The subdivider shall also submit to the director of community development, at the same time, a currently certified abstract of title or registered property certificate and such other evidence as the city attorney may require showing the subdividers title or ownership in the land to be subdivided.

(3)

The final plan shall be accompanied by plans approved by the state department of health showing that the applicant is complying with all recommendations, suggestions, and laws under the jurisdiction of that department.

(4)

The subdivider shall have incorporated all changes and modifications in the final plan required by the council. In all other respects, the final plan shall conform to the preliminary plan.

(5)

A development plan for the necessary improvements shall be submitted by the subdivider to the director of community development, and then forwarded to the city engineer for a review of a cost estimate.

(6)

The director of community development, upon receipt of the final plan, shall retain one copy of the final plan for such officer's records and shall:

a.

Refer copies of the final plan to the administrative review committee, which shall review the final plan with respect to its conformance with the approved preliminary plan, and the committee shall report its findings to the director of community development within 15 days of its receipt by the committee.

b.

Refer one copy each to applicable public and private utility companies.

c.

Refer the abstract of title or registered property certificate to the city attorney for examination and report on any restrictive covenants. The city attorney's written report shall be submitted to the director of community development within 15 days of its receipt by the city attorney. The costs incurred by the city in this regard shall be the responsibility of the subdivider and shall be paid by the subdivider to the city prior to release of the executed final plan.

d.

Obtain a written report or statement from the city certifying the payment by the subdivider of all fees due the city pursuant to this chapter.

e.

Place the consideration of the final plan on the agenda of the next regularly scheduled council meeting, and notify the subdivider, in writing, of the date, place, and time of the meeting.

f.

Submit all of the above reports to the council for its consideration.

(7)

The subdivider or a duly authorized representative shall attend the meeting before the council at which the final plan is scheduled for consideration.

(8)

The council may, if all reports indicate full compliance with the provisions of this chapter, approve the final plan as submitted and authorize the mayor and city manager to sign the final plan.

(9)

The council may, if the report from the administrative review committee indicates substantial deviation in the final plan from the approved preliminary plan, determine if the submission shall represent a new plan. If the submission does represent a new plan, the council shall deny the final plan and direct the subdivider to resubmit such subdividers proposal following preliminary plan requirements.

(10)

The council may, if any of the other reports indicate a lack of compliance with the provisions of this chapter, require full compliance by the subdivider within the 180-day period from the date of approval of the preliminary plan. Failure of the subdivider to comply shall nullify and void the preliminary and final plans.

(11)

The subdivider shall, if the final plan is approved by the council and signed by the mayor and city manager, record the final plan with the county register of deeds within 30 days of the date of approval and signing of the final plan. Any final plan not so recorded shall become null and void, unless the council has granted an extension, which shall not exceed 90 additional days.

(12)

The subdivider shall furnish the director of community development a tracing and three copies of the final plan showing evidence of the recording. The subdivider shall be responsible for any costs incurred pertaining to the verification of the final plan materials. The subdivider shall also furnish one reduced tracing of the final plan. Failure to furnish such copies shall be grounds for refusal to issue building permits for lots within the final plan.

(13)

No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the council, unless said plan is resubmitted to the city and the council approves any modifications. If any such final plan is recorded without complying with this requirement, the same shall be considered null and void, no building permits shall be issued for lots within the final plan, and the council shall institute proceedings to have the plan stricken from the records of the city and county.

(Code 2004, pt. 3, § 29.127; Ord. No. 20-2447, 7-20-2020)