The purpose of the R-4, High Density Residential District is to provide for high density housing in multiple-family structures and directly related complementary uses as guided by the Comprehensive Plan.

(Prior Code, § 11-56-1) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following are permitted uses in the R-4 District:

   (A)   Essential services;

   (B)   Multiple-family dwellings;

   (C)   Public parks, playfields, recreational uses and directly related buildings and structures; and

   (D)   Single-family and two-family dwellings subject to compliance with yard and setback requirements and accessory uses and structure requirements applicable to the R-3 District.

(Prior Code, § 11-56-2) (Ord. 258, passed 5-4-2006; Ord. 271, passed 3-15-2007)

   Subject to applicable provisions of this chapter, the following are permitted accessory uses in the R-4 District:

   (A)   Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim and administrative permit in this subchapter, subject to applicable regulation of this chapter;

   (B)   Fences as regulated by §§ 152.275 through 152.281 of this chapter;

   (C)   Home offices;

   (D)   Play and recreational facilities, accessory to an existing permitted use;

   (E)   Secondary or accessory use antennas as regulated by §§ 152.330 through 152.337 of this chapter; and

   (F)   Signs as regulated by §§ 152.350 through 152.359 of this chapter.

(Prior Code, § 11-56-3) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following are conditional uses in an R-4 District and require a conditional use permit based upon procedures set forth in and regulated by §§ 152.070 through 152.074 of this chapter:

   (A)   Elderly (senior citizen) housing provided that:

      (1)   The provisions of § 152.210(C) of this chapter are being met;

      (2)   Not more than 20% of the occupants may be persons 55 years of age or under (spouse of a person over 55 years of age or caretakers and the like);

      (3)   To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the Zoning Administrator a certified copy of a monthly resume of occupants of the multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants 60 years of age or under to qualified tenants or to the building;

      (4)   There is adequate off-street parking in compliance with §§ 152.255 through 152.264 of this chapter;

      (5)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with §§ 152.275 through 152.281 of this chapter;

      (6)   All signing and informational or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter;

      (7)   Elevator service is provided to each floor level; and

      (8)   Usable open space at a minimum of 20% of the gross lot area.

   (B)   Essential services involving transmission pipelines and transmission or substation lines in excess of 35kV and up to 100kV, provided that the applicable provisions of §§ 152.385 through 152.389 of this chapter are determined to be satisfied;

   (C)   Government buildings and public related utility buildings and structures necessary for the health, safety and general welfare of the city, provided that when abutting a residential use or a residential use district, the property is screened and landscaped in compliance with § 152.279 of this chapter;

   (D)   Personal wireless service antennas not located on a public structure or existing tower, provided that the applicable provisions of §§ 152.330 through 152.337 of this chapter are determined to be satisfied;

   (E)   Planned unit development residential, townhomes and quadraminiums as regulated by §§ 152.150 through 152.153 of this chapter;

   (F)   Multiple-family dwelling structures provided that:

      (1)   The provisions of § 152.210(C) of this chapter are being met;

      (2)   The site of the principal use and its related parking is served by an arterial or collector street;

      (3)   There is adequate off-street parking in compliance with §§ 152.255 through 152.264 of this chapter;

      (4)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with §§ 152.275 through 152.281 of this chapter;

      (5)   All signing and informational or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter; and

      (6)   Usable open space at a minimum of 20% of the gross lot area.

   (G)   Lodging room establishments provided that:

      (1)   Lodging room establishments are limited to no more than five lodging rooms with sleeping and living quarters. Each room that provides accommodations approved for sleeping by guests shall be counted as one lodging room. A lodging room must satisfy applicable requirements of the Building Code;

      (2)   (a)   In addition to providing overnight accommodations, lodging room establishments may also provide for small group gatherings of not more than 15 persons for the purpose of hosting social and recreational events such as reunions, educational forums, retreats and for quilting, scrap-booking and other similar activities;

         (b)   If the capacity of the proposed lodging room establishment, the building or the grounds, is insufficient to accommodate the maximum allowable occupancy of 15 persons, then a lesser number of persons may be approved; and

         (c)   The owner of an approved lodging room establishment is responsible for notifying the city no less than 72 hours prior to hosting an event that an event will be held. The notification must include a general description of the event itself, the anticipated number of guests and the planned date(s).

      (3)   The owner of a lodging room establishment may be permitted to sell goods and materials that are related to and required by authorized events, but only to registered guests and participants in the authorized event;

      (4)   The lodging room establishment may provide cooking facilities only for the exclusive use of registered guests and participants in the authorized event and provided that the preparation of food does not require a permit from the State Department of Health or similar regulatory entity;

      (5)   One identification sign of no more than four square feet is allowable. The sign must be located on the structure itself and be designed to be consistent with the character and architectural features of the building;

      (6)   A minimum of one off-street parking space for each lodging room shall be provided on the property, screened and landscaped pursuant to applicable provisions of § 152.279 of this chapter. In the event that five or more off-street parking spaces are provided, the parking area must be screened and landscaped in accordance with applicable provisions of §§ 152.275 through 152.281 of this chapter. In no instance shall any lodging room establishment provide more than seven off-street parking spaces on the property;

      (7)   (1)   If the lodging room establishment is not owner-occupied, the owner is nonetheless responsible for the management and care of the property and operations. During those periods that a registered guest or guests occupy the property, the owner or a designated caretaker approved by the city must be available to address and resolve public complaints relating to conduct of the guests; and

         (2)   The owner is responsible for registering with the city the name, phone number and e-mail address of the caretaker that will assume responsibility for management of the property in their absence. The designated care taker must reside in the city and agree to assume and accept management responsibility on behalf of the owner.

      (8)   The owner must secure, maintain and provide evidence of any license(s) that may be required in the state to operate a facility that is permitted by the city pursuant to these provisions;

      (9)   At those times as the lodging room establishment is hosting an event, not more than one person shall be employed to assist the owner with performing tasks that may be required to operate the facility or the event; and

      (10)   At least annually, the Zoning Administrator will review the performance history of the lodging room establishment. In the event that the lodging room establishment has not operated in accordance with the approved terms and conditions of the conditional use permit, the Planning Commission may recommend and the City Council may approve revocation of the conditional use permit for cause.

(Prior Code, § 11-56-4) (Ord. 258, passed 5-4-2006; Ord. 302, passed 2-16-2010)

   Subject to applicable provisions of this chapter, the following are interim uses in an R-4 District and require an interim use permit based upon procedures set forth in and regulated by §§ 152.085 through 152.089 of this chapter:

   (A)   Satellite TVROs greater than one meter in diameter as regulated by §§ 152.330 through 152.337 of this chapter; and

   (B)   Special home occupations, as regulated by §§ 152.295 through 152.300.

(Prior Code, § 11-56-5) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following uses are allowed by administrative permit in an R-4 District based upon procedures set forth in and regulated by §§ 152.115 through 152.118 of this chapter:

   (A)   Essential services, except transmission pipelines and transmission or substation lines in excess of 35kV and up to 100kV, as regulated by §§ 152.385 through 152.389 of this chapter;

   (B)   Home occupations, as regulated by §§ 152.295 through 152.300 of this chapter; and

   (C)   Personal wireless service antennas as regulated by §§ 152.330 through 152.337 of this chapter.

(Prior Code, § 11-56-6) (Ord. 258, passed 5-4-2006)

   The maximum development density shall be determined by the following lot area per unit standards.

 

 

(Prior Code, § 11-56-7) (Ord. 258, passed 5-4-2006)

   The following minimum requirements shall be observed in an R-4 District subject to additional requirements, exceptions and modifications set forth in this chapter.

 

 

(Prior Code, § 11-56-8) (Ord. 258, passed 5-4-2006)

   The following building requirements shall be observed in an R-4 District.

   (A)   All residences shall be limited to a maximum building height of three stories or 45 feet, however, building heights in excess of the prescribed standard may be permitted through a conditional use permit, provided that the requirements of § 152.207(A) of this chapter are met.

   (B)   Dwelling unit floor area shall be governed by § 152.210 of this chapter.

   (C)   Accessory structures shall be governed by §§ 152.230 through 152.241 of this chapter.

(Prior Code, § 11-56-9) (Ord. 258, passed 5-4-2006)

   The following minimum requirements shall be observed in the R-4 District governing common areas.

   (A)   Ownership. All common areas within an R-4 development including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas and the like shall be owned in one of the following manners:

      (1)   Condominium ownership pursuant to M.S. § 515A.1-106, as it may be amended from time to time; and

      (2)   Two-family, quadraminium and townhome subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area;

   (B)   Homeowners' association. A homeowners' association shall be established for all townhome developments within the R-4 District, subject to review and approval of the City Attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.

(Prior Code, § 11-56-10) (Ord. 258, passed 5-4-2006)

   (A)   Design and construction standards specified in § 152.208 of this chapter are met.

   (B)   The exterior of multiple-family dwelling structures shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple-family dwelling structures shall comply with the following requirements:

      (1)   A minimum of 25% of the combined area of all building facades facing a public right-of-way of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone; and

      (2)   For the purposes of this section, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors or roof areas.

(Prior Code, § 11-56-11) (Ord. 258, passed 5-4-2006)