Center City City Zoning Code

CHAPTER 223

R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT

§ 223.01 PURPOSE.

The purpose of the R-3 Medium Density Residential District is to provide for a transition in housing density and styles between low density single-family areas and medium to high density multiple family areas by providing for 1 and 2 unit dwellings, apartments, and condominiums containing 6 units or fewer and directly related, complementary uses in areas serviced by municipal urban services.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.02 PERMITTED USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the R-3 Medium Density Residential District.

(A) Parks, trails, playgrounds, recreation, open space, and directly related buildings and structures.

(B) Single-family detached dwellings.

(D) Two-family dwelling units.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.03 CONDITIONAL USES.

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the R-3 Medium Density Residential District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196 (Conditional Use Permits) of this title.

(A) Amateur radio service antennas and towers, single satellite dish TVRO’s greater than 1 meter and less than 3 meters in diameter and personal wireless service antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunication Facilities) of this title.

(B) Apartments and condominiums containing 6 units or fewer.

(D) Daycare facilities as a principal or an accessory use, except as provided for by this chapter, provided that the use complies with the provisions of § 205.21 (Daycare Facilities) of this title.

(E) Essential services involving transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 33 kV and up to 100 kV, as regulated by § 205.05 (Essential Services) of this title.

(F) Golf courses and country clubs.

(G) Government buildings and structures; public or semi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited preschool, elementary, middle, high schools, or colleges and other institutions of higher learning having a regular course of study accredited by the State of Minnesota provided that the required side yard setback shall be a minimum 30 feet.

(H) Home occupations (Type II) as regulated by Chapter 206 (Home Occupations) of this title.

(I) Manufactured home parks, provided that:

(1) Except as specifically regulated by this section, the provisions of Chapter 216 (Manufactured Home Parks) of this title are considered and satisfactorily met;

(2) Accessory buildings, uses, and equipment comply with the applicable provisions of Chapter 209 (Accessory Buildings, Structures, and Uses) of this title; and

(3) The public improvements within manufactured home parks are developed in accordance with Chapter 170 (General Subdivision Provisions) of title XVII (Subdivision Regulations) of this code, which include:

(a) Public utilities (telephone, cable, electric and/or gas service);

(b) Sanitary sewer improvements;

(d) Water improvements.

(J) Planned unit developments as regulated by Chapter 217 (Planned Unit Developments) of this title.

(K) Religious institutions such as churches, chapels, temples, and synagogues.

(L) Social services or other activities which are not directly worship related as an accessory use within a religious institutional building(s).

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.04 INTERIM USES.

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses allowed in the R-3 Medium Density Residential District by the issuance of an interim use permit based upon procedures set forth in and regulated by Chapter 197 (Interim Use Permits) of this title.

(A) Residential shelters as regulated by § 205.20(C) (Specialized Housing) of this title.

(B) Temporary classroom type structure for use by public or private institutions.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.05 PERMITTED ACCESSORY USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the R-3 Medium Density Residential District.

(A) Accessory and secondary use antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunication Facilities) of this title.

(B) Accessory uses, buildings, and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this title and, only those accessory buildings, structures, or fences owned and maintained by a homeowners’ association shall be erected on a common base lot for two-family dwellings.

(C) Administrative offices, meeting rooms, classrooms, and food preparation and service areas in private and public recreational facilities, and the uses of which are incidental and directly related to the primary use.

(D) Boarding or renting of rooms to not more than 2 individuals per dwelling unit.

(E) Daycare facilities serving 14 or fewer persons in a single-family detached dwelling.

(F) Fences as regulated by § 213.02 (Fences and Retaining Walls) of this title.

(G) Ground source heat pump systems as regulated by § 215.04 (Ground Source Heat Pump Systems) of this title.

(H) Keeping of animals subject to § 205.19 (Keeping of Animals) of this title.

(I) Private garages and off-street parking and off-street loading as regulated by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) both of this title.

(J) Private playground and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(K) Recreational vehicles and equipment parking and storage as regulated by § 205.13 (Outdoor Storage and Refuse) of this title.

(L) Signs as regulated by Chapter 207 (Signs) of this title.

(M) Solar energy systems as regulated by § 215.03 (Solar Energy Systems) of this title.

(N) Yard/garage sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.06 USES BY ADMINISTRATIVE PERMIT.

In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the R-3 Medium Density Residential District by the issuance of an administrative permit based upon procedures set forth in and regulated by Chapter 198 (Administrative Permits and Approval) of this title.

(A) Essential services, except transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 33 kV and up to 100 kV as regulated by § 205.05 (Essential Services) of this title.

(B) Home occupations (Type I) as regulated by Chapter 206 (Home Occupations) of this title.

(D) Temporary structures as regulated by § 205.17 (Temporary Structures) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.07 LOT REQUIREMENTS AND SETBACKS.

The following minimum requirements shall be observed in the R-3 Medium Density Residential District subject to the additional requirements, exceptions, and modifications set forth in this title. All requirements and setbacks are to be construed as indicating the minimum footages permitted unless otherwise specified.

(A) Lot area.

(1) Single-family.

(a) Interior lot. 8,400 square feet.

(b) Corner lot. 10,200 square feet.

(2) Two-family.

(a) Interior lot. 9,600 square feet.

(b) Corner lot. 11,400 square feet.

(B) Lot width.

(1) Single-family.

(a) Interior lot. 70 feet.

(b) Corner lot. 85 feet.

(2) Two-family.

(a) Interior lot. 80 feet.

(b) Corner lot. 95 feet.

(D) Front yard setback. 25 feet.

(E) Rear yard setback. 25 feet.

(F) Side yard setback. 10 feet.

(G) Side yard setback corner lot. 25 feet.

(H) Maximum impervious surface coverage. 35%.

(I) Maximum height.

(1) Principal buildings. Two and one-half stories or 35 feet, whichever is less.

(2) Accessory buildings. As regulated by § 209.04(G) (General Provisions and Standards for all Zoning Districts) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.08 COMMON AREAS.

The following minimum requirements shall be observed in the R-3 Medium Density Residential District governing common areas:

(A) Ownership. All common areas within an R-3 Medium Density Residential District development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:

(1) Condominium ownership pursuant to M.S. § 515A.1-106; or

(2) Two-family 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. If a homeowners’ association is established for two-family developments within the R-3 Medium Density Residential District, the homeowners’ association shall be 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.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 223.09 DESIGN AND CONSTRUCTION STANDARDS.

(A) Design and construction standards for two-family uses shall be as follows.

(1) Unit size. The size of dwelling units shall comply with the minimums established in § 212.08 (Minimum Floor Area per Dwelling Unit) of this title.

(2) Unit width. The minimum width of a dwelling unit within the R-4 Multiple-Family Residential District shall be 25 feet.

(3) Unit construction.

(a) Subdivision requests. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance with Chapter 212 (General Yard, Lot Area, and Building Requirements) of this title. Building floor plans shall identify the interior storage space within each unit.

(b) Decks or porches. Provision shall be made for possible decks, porches, or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches.

(d) Exterior building finish. The exterior of two-family dwelling units 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, two-family dwelling structures shall comply with the following requirements:

1. A minimum of 25% of the area of each building facade of a structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone;

2. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than 75% of one type of exterior finish;

3. Except for brick, stucco, and/or natural or artificial stone, no two-family dwelling structure shall have more than 60% of all building facades of one type of exterior finish; and

4. For the purpose of this section:

a. The area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas;

b. Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section; and

c. Integral colored split face (rock face) concrete block or cement fiberboard shall not qualify for meeting the brick, stucco, and/or natural or artificial stone material requirements for any facade of a building facing a private drive or public right-of-way. If these materials are used to meet the brick, stucco, and/or natural or artificial stone material requirement for the other facades, the material shall extend the full width of the foundation adjacent at ground level.

(4) Garages.

(a) Each dwelling unit shall include an attached garage.

(b) Garages shall comply with the following minimum size standards:

1. For dwellings with basements. 440 square feet;

2. For dwellings without basements. 540 square feet; and

3. Width. Garages shall be a minimum of 20 feet in width.

(5) Storm shelter. In cases where dwelling units are constructed slab on grade, provisions shall be made to provide for storm protection as required by § 212.14 (Storm Shelter) of this title.

(6) Outside storage. Outside storage shall be allowed only in designated areas which are screened in accordance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title and under the ownership of the property owners’ association subject to other applicable provisions of this title.

(7) Utilities.

(a) Underground or exterior service. All utilities serving an R-3 Medium Density Residential District subdivision, including telephone, electricity, gas, and cable shall be installed underground. Exterior utility meters and/or fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.

(b) Public utility service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.

(d) Sewer connection. Where more than 1 unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owners’ association or owners.

(8) Streets. All streets shall be public and shall comply with the design standards and specifications as governed by Chapter 170 (General Subdivision Regulations) of title XVII (Subdivision Regulations) of this code, except that the required right-of-way width may be reduced to 50 feet and the required street width reduced to 28 feet (back of curb to back of curb) by conditional use permit.

(9) Drives.

(a) Dead-end private driveways shall serve a maximum of 6 units per side.

(b) Private drives shall be under the ownership and control of the property owners’ association who shall be responsible for the maintenance, repair, and replacement of surfacing. Said association shall maintain a capital improvement program for the driveways under its ownership.

(d) Private driveways shall be a minimum of 24 feet in width (back of curb to back of curb) and shall be posted as no parking zones on both sides of the driveway.

(10) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to § 205.11 (Exterior Lighting) and Chapter 213 (Fencing, Screening, and Landscaping) both of this title. Said landscaping and screening shall address the following:

(a) All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and ground cover materials;

(b) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure;

(c) Buffer yard landscaping for yards bordering major collector and arterial streets according to § 213.04(C) (Required Screening and Landscaping) of this title;

(d) All boulevards shall be sodded;

(e) Screening of designated outdoor storage areas; and

(f) All landscaped areas, including on-site traffic islands and all public right-of-way adjacent to the property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation system with an automatic controller.