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Burnsville City Zoning Code

CHAPTER 10

12 R-1 ONE-FAMILY RESIDENTIAL DISTRICT

10-12-1: Special Minimum Requirements

In the One-Family Residential District:

  1. All dwellings shall have a minimum of one thousand one hundred (1,100) square feet of usable floor space above grade. In addition, with the exception of two-story buildings, dwellings may not be less than thirty feet (30') in length nor less than twenty four feet (24') in width over that entire minimum length. Width measurements shall not include overhangs and other projections beyond the principal walls. The minimum square feet may be reduced by conditional use permit or as part of a planned unit development.
  2. All dwellings shall be served by public sanitary sewer and water, or be approved for the use of an individual sewage treatment system pursuant to title 7, chapter 11 of this Code.
  3. No structure or building shall exceed thirty feet (30') in height except as provided in chapters 7 and 29 of this title.
  4. A private two (2) car garage with a minimum floor area of four hundred forty (440) square feet shall be required to be built concurrent with the principal structure. The maximum footprint of the garage shall not exceed the footprint of the living area of the principal structure.
  5. All driveways and required off street parking spaces shall be surfaced with concrete, bituminous, or approved equivalent. A corner lot shall not have more than three (3) driveway openings and an interior lot shall not have more than two (2) driveway openings. Driveways in excess of fifteen percent (15%) grade shall require a variance. (Ord. 1302, 9-3-2013)
  6. All private waste material, debris, refuse, garbage or materials not currently in use for construction shall be kept in covered trash containers and stored pursuant to section 10-7-18 of this title.
  7. Exterior building materials shall be installed in accordance with the Building Code adopted in section 4-1-1 of this Code and the manufacturer's specifications. With the exception of planned unit developments, conditional use permits, variances and/or interim use permits, the design and color of exterior materials shall not be regulated.
  8. All outside main floor entryways (including garages) must be at least eighteen inches (18") above the center of the street in front of the entry, unless other measures to assure proper drainage are provided and approved. The plat plan submitted for a building permit shall indicate the elevation of all main floor entryways (including garages) in relation to the street directly in front. For entryways less than eighteen inches (18") above the street, additional information must be provided to clearly indicate proposed drainage on the lot or parcel, its effect on adjacent properties, and the final disposal of stormwater. The City Engineer shall review all plans wherein an entryway is proposed less than eighteen inches (18") above the centerline of the street. No building permits for such structures shall be issued until the report of the City Engineer has been received.
HISTORY
Amended by Ord. 1510 on 2/18/2020
Amended by Ord. 1568 on 7/19/2022

10-12-2: Permitted Uses

Within an R-1 One-Family Use District, no structure or land shall be used except for one or more of the following uses:

Bus benches, shelters, and transit facilities, provided they comply with title 8 of this Code.

One-family detached dwellings.

Public parks and playgrounds. (Ord. 244, 11-15-1982; Ord. 1166, 6-2-2009)

10-12-3: Permitted Accessory Uses

Within any R-1 One-Family Use District, the following uses shall be permitted accessory uses:

Accessory dwelling units pursuant to section 10-7-52 of this title.

Accessory solar energy systems pursuant to section 10-7-29 of this title.

Animals as regulated herein.

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such construction.

Gardening and horticultural uses and incidental sale of plants. The infrequent, temporary display and sale of plants or products is permitted by the occupant(s) of the premises.

Home occupations.

Private garages and parking space.

Private swimming pool and tennis court.

Public trash and recycling containers pursuant to subsection 10-7-18(G) of this title.

Signs as regulated in chapter 30 of this title.

Single satellite earth station antenna one meter (1 m) or less in diameter and single antenna designed to receive direct broadcast satellite services or multichannel multipoint distribution services one meter (1 m) or less in diameter and antennas designed to receive television broadcast signals, as regulated in chapter 29 of this title.

Special sale events.

Temporary/seasonal outdoor sales uses that are exempt under subsection 10-7-48(B) of this title.

Towers supporting amateur radio antennas as regulated in chapter 29 of this title.

Transient merchants that are exempt under section 3-20-13 of this Code.

HISTORY
Amended by Ord. 1520 on 6/2/2020

10-12-4: Conditional Uses


Within any R-1 One-Family Use District, no structure or land shall be used for the following uses except by conditional use permit:

  1. Accessory structures and uses other than those listed as permitted.
  2. Cemeteries.
  3. Essential service structures, including, but not limited to, buildings such as telephone exchange stations, booster or pressure regulating stations, wells and pumping stations, elevated tanks, lift stations and electrical power substations; provided, no building shall be located within 50 feet from any lot line of an abutting lot in an R District. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located.
  4. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an R district and accessory structure shall be a minimum of 50 feet from any lot line.
  5. Municipal buildings and structures, including the storage of firefighting apparatus; provided, that no buildings shall be located within 50 feet of any lot line of an abutting lot in an R use district. Storage of maintenance equipment and trucks over 1 1/2 tons, stockpiling of aggregate and open storage of material shall not be allowed.
  6. Public and parochial schools; provided, no building shall be located within 50 feet of any lot line.
  7. Religious institutions including those related structures located on the same site which are an integral part of the institution provided, no building shall be located within 50 feet of any lot line.
  8. Single satellite earth station antenna greater than 1 meter in diameter and single antenna designed to receive direct broadcast satellite services or multichannel multipoint distribution services greater than 1 meter in diameter, as regulated in Chapter 29 of this Title.
  9. Towers as regulated in Chapter 29 of this Title.
  10. Those uses as allowed and regulated in Chapter 7 of this Title. (Ord. 1382, 3-22-2016)
HISTORY
Amended by Ord. 1594 on 8/22/2023

10-12-4A: Interim Uses

Within any R-1 one-family residential district, no structure or land shall be used for the following uses except by interim use permit:

Private and public outdoor sports and recreational uses such as:

Archery, driving, target, and trap and skeet shooting ranges.

Athletic fields, not including stadiums and sports arenas.

Boat launch ramps.

Fishing, hunting and swimming areas, not including swimming pools.

Horseback trails.

Provided, that any required structures shall be accessory structures not designed for human habitation, and that any uses that include the shooting of firearms, bows, and other weapons shall not be permitted on property of less than ten (10) acres. (Ord. 375, 7-2-1990)

10-12-5: Lot Area, Lot Width And Yard Requirements

  1. Lots:

    Lot area (interior)
    10,000 square feet
    Lot area (corner)
    12,000 square feet
    Lot width (interior)
    80 feet
    Lot width (corner)
    90 feet
    Setback - principal structure:
    Front yard
    30 feet
    Side yard
    10 feet
    Side yard (street)
    20 feet
    Rear yard
    30 feet
    Setback - accessory structure:
    Front yard
    30 feet
    Side yard
    5 feet
    Side yard (street)
    10 feet
    Rear yard
    8 feet
    Setback - parking:
    Front yard
    Driveway only
    Side yard
    5 feet

    2 feet for recreational vehicle storage
    Side yard (street)
    10 feet
    Rear yard5 feet
  2. Front Yard: The front yard setback for a principal structure in an R-1 District shall be thirty feet (30'). The setback may be reduced down to a minimum of twenty feet (20') if the following conditions are met:
    1. The setback reduction is for an attached living area or porch to the principal structure, not including the garage, which does not exceed a total of two hundred forty (240) square feet of above grade finished livable space.
    2. The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
    3. Plans are approved by the Development Review Committee.
    4. The structure does not adversely affect drainage on the lot or neighboring properties.
  3. Side Yard: The side yard setback in an R-1 District shall be ten feet (10'). The setback may be reduced to five feet (5') if the following conditions are met:
    1. The setback reduction is for the garage structure, and
    2. There is a minimum of fifteen feet (15') between neighboring structures.
  4. Rear Yard: The rear yard setback for a principal structure in an R-1 District shall be thirty feet (30'). The setback may be reduced to twenty feet (20') if the following conditions are met:
    1. The setback reduction is for an addition to the principal structure to provide attached above grade living space which does not exceed a total of three hundred (300) square feet of footprint area. Garage space does not qualify for this provision.
    2. There is a minimum of forty feet (40') measured at the closest point, between the attached living area and the neighboring principal structure and any attached living area to the rear.
    3. The structure does not adversely affect drainage on the lot or neighboring properties.
    4. For corner lots, the setback reduction may be for an attached garage addition not exceeding two hundred twenty (220) square feet.
  5. Through Or Double Frontage Lot: In the case of a through or double frontage lot, the front yard setback for an accessory structure can be reduced by twenty feet (20') in the front yard abutting the rear of the primary structure.

(Ord. 1226, 1-18-2011; Ord. 1424, 6-20-2017; Ord. 1491, 6-4-2019)

HISTORY
Amended by Ord. 1500 on 10/22/2019

1510

1568

1520

1594

1500