Center City City Zoning Code

CHAPTER 224

R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT

§ 224.01 PURPOSE.

The purpose of the R-4 Multiple-Family Residential District is to provide for medium and high density housing in multiple-family structures and directly related complementary uses in areas serviced by municipal urban services.

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

§ 224.02 PERMITTED USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the R-4 Multiple-Family Residential District.

(A) Multiple-family dwelling structures.

(B) Nursing homes.

(D) Senior housing including assisted care living facilities or continuing care retirement communities.

(E) State licensed residential facilities serving 16 or fewer persons.

(F) Townhouses, up to 6 units in a row or 12 units back to back.

(G) Two-family dwelling units.

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

§ 224.03 CONDITIONAL USES.

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the R-4 Multiple-Family 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) 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.

(C) 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.

(D) Golf courses and country clubs.

(E) 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.

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

(G) 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 Regulations) 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.

(H) More than 1 principal residential building on 1 lot of record, provided that:

(1) The applicable provisions of § 224.09 (Common Areas) of this title are satisfactorily met.

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

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

(K) 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)

§ 224.04 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-4 Multiple-Family 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)

§ 224.05 PERMITTED ACCESSORY USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the R-4 Multiple-Family 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 detached townhouse or 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) Fences as regulated by § 213.02 (Fences and Retaining Walls) of this title.

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

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

(H) 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.

(I) 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.

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

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

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

(M) 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)

§ 224.06 USES BY ADMINISTRATIVE PERMIT.

In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the R-4 Multiple-Family 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)

§ 224.07 DEVELOPMENT DENSITY.

(A) The maximum development density within an R-4 Multiple-Family Residential District will be based on the net buildable area for either a two-family dwelling, townhome, or a condominium subdivision exclusive of public street right-of-way, wetlands, drainageways, water bodies, and slopes steeper than 3:1 slope ratio.

(B) The R-4 Multiple-Family Residential District allows for a variety of residential housing types. The maximum development density shall be determined by the following lot area per unit standards:

(1) Two-family dwellings and townhouses. 5,000 square feet per unit.

(2) Multiple-family dwellings. 2,500 square feet per unit.

(3) Senior housing. 1,500 square feet per unit.

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

§ 224.08 LOT REQUIREMENTS AND SETBACKS.

The following minimum requirements shall be observed in the R-4 Multiple-Family 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) Base lot minimums. Within the R-4 Multiple-Family Residential District, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of § 224.07 (Development Density) of this title prior to subdivision of unit lots.

(a) 15,000 square feet.

(2) Unit lots; two-family and townhome units. The following minimum unit lot requirements shall be applied to the subdivision of two-family dwellings or townhouses to permit individual private ownership of a single dwelling within such a structure:

(a) Two-family or townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units.

(B) Lot width. 100 feet.

(D) Front yard setback. 30 feet to curb on private streets or 20 feet to right-of-way.

(E) Rear yard setback. 20 feet or the height of the building, whichever is less.

(F) Side yard setback. 10 feet.

(G) Side yard setback corner lot. 30 feet to curb on private streets or 20 feet to right-of-way.

(H) Maximum impervious surface coverage. 45%.

(I) Maximum height.

(1) Principal buildings. 3 stories or 40 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)

§ 224.09 COMMON AREAS.

The following minimum requirements shall be observed in the R-4 Multiple-Family Residential District governing common areas:

(A) Ownership. All common areas within an R-4 Multiple-Family 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 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 two-family, townhome, and multiple-family developments within the R-4 Multiple-Family Residential 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.

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

§ 224.10 DESIGN AND CONSTRUCTION STANDARDS.

(A) Design and construction standards for two-family and townhome 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 and townhome 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 and townhome 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 1 type of exterior finish;

3. Except for brick, stucco, and/or natural or artificial stone, no two-family or townhome dwelling structure shall have more than 60% of all building facades of 1 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.

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-4 Multiple-Family 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 1 structure or 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) Guest parking. At minimum, one-half of guest parking spaces per unit shall be provided in an off-street parking lot or private drive at locations dispersed within the development to provide convenient access to individual dwelling units. The design and location of the off-street parking shall be between or to the side of buildings in a manner compatible with surrounding dwelling units, including (but not limited to) a minimum 15-foot setback from principal buildings, decks, patios, or other open spaces intended for active use. Guest parking areas shall be screened in conformance with the requirements of Chapter 210 (Off-Street Parking) and Chapter 213 (Fencing, Screening, and Landscaping) both of this title.

(11) 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) Screening of guest parking areas;

(e) All boulevards shall be sodded;

(f) Screening of designated outdoor storage areas; and

(g) 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.

(12) Additional requirements. In addition to the park dedication requirements stipulated by Chapter 170 (General Subdivision Regulations) of Title XVII (Subdivision Regulations) of this code, a minimum of 10% of the gross development project area shall be in usable open space and recreational use for the project residents. Such areas shall be specifically designed for both the active and passive use by the project residents and may include swimming pools, trails, nature areas, tot lots, exercise equipment, saunas, etc. Said areas and facilities shall be private, except in those cases where the city agrees to assume responsibility for all or a portion of the recreational space. In those cases where private ownership is maintained, the land and facilities shall be subject to the requirement of common areas as detailed in § 224.09 (Common Areas) of this title.

(B) The exterior of multiple-family, nursing homes, and senior housing 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 50% of the combined area of all building facades 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.