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Dayton City Zoning Code

1001.05 RESIDENTIAL

DISTRICTS.

Subd. 1 Single-Family Residential District (R-1)

         (1)   Purpose. The purpose of the R-1, Single-Family Residential District is to provide for development of low-density neighborhoods predominantly single-family residences and related uses that are served by municipal sewer and water and guided low density on the Future Land Use Plan.
         (2)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-l District:
            a.   Essential service structures.
            b.   Public parks, trails, playfields, playgrounds, and directly related buildings and structures.
            c.   Residential facility licensed by the state serving 6 or fewer persons in a single-family detached dwelling.
            d.   Single-family detached dwellings.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional uses:
            a.   Private garages and accessory buildings in conformance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 individuals per dwelling unit.
            c.   Daycare facilities (licensed) serving 12 or fewer persons in a single-family detached dwelling.
            d.   Fences as regulated by Subsection 1001.24.
            e.   Home occupations and home offices as regulated by Subsection 1001.13.
            f.   Play 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.
            g.   Private swimming pools and tennis courts.
            h.   Signs as regulated by Subsection 1001.20.
            i.   Accessory dwelling units as regulated by Subsection 1001.36.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-1 District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of the Code.
            a.   Bus/transit facility.
            b.   Daycare facilities (licensed) for 14 or more persons, as a principal or an accessory use, except as provided for by this chapter, provided that the use complies with all state licensing requirements.
            c.   Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers.
            d.   Kennel, private - subject to Subsection 1001.14.
            e.   Golf courses, country clubs, tennis clubs, public swimming pools serving more than 1 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.
            f.   Housing dedicated to people 55 and older.
            g.   Public and parochial schools; provided, no building shall be located within 50 feet of any lot line.
            h.   Religious and religious institutions such as churches, chapels, temples, and synagogues including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site; provided, no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.
         (5)   Lot requirements and setbacks. The following rninimum requirements shall be observed in an R-l District subject to additional requirements, exceptions and modifications set forth in this Code:
 
Minimum lot size
15,000 SF
Minimum lot frontage
60 feet
Minimum corner lot frontage
90 feet
Minimum lot width at setback
80 feet
Minimum lot depth
120 feet
Maximum impervious surface (per lot)
50%
* minimum setback to an arterial street: 50 feet.
 
Setbacks - Dwelling
Setbacks - Dwelling
Living area
25 feet
Side loaded garage setback
25 feet
Front porch (120 sq. ft. max) setback
20 feet
Garage front setback
30 feet
Sideyard setbacks
10 feet
Sideyard corner lot setbacks
20 feet
Rear setback
30 feet
Maximum height (as measured from the midpoint on a hipped or pitched roof)
35 feet
 
 
Decks and attached open structures
Front, side or rear to street
30 feet
Side
10 feet
Rear
15 feet
Minimum setback to arterial street
50 feet
 
            a.   Front yard. The front yard setback for living area in an R-1 District shall be 25 feet. The setback may be reduced to 20 feet 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 120 square feet of above grade finished livable space.
               2.   The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.
               3.   The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
               4.   The structure does not adversely affect drainage on the lot or neighboring properties.
            b.   Rear yard. All rear yards shall have a usable rear yard with a minimum of 20 feet of depth measured from the rear of the building pad. This usable rear yard shall be unencumbered by wetlands, wetland buffer, stormwater ponds or infiltration facilities, and/or drainage and utility or other restrictive easements.
         (6)   Special minimum requirements for single- family home new construction:
            a.   Parking regulations:
               1.   A private 2-car garage with a minimum floor area of 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.
               2.   Two surface parking spaces shall be provided in a driveway location.
               3.   For non-residential permitted or conditional uses, parking shall be as required in Subsection 1001.19.
            b.   No more than 1 principal use shall be permitted on a platted lot or parcel of record.
            c.   All developed properties shall display the street address on at least 1 street frontage.
            d.   No fence greater than 3 feet shall be erected within the front yard within 20 feet of any street right-of-way line.
            e.   Newly constructed single-family homes shall be constructed with the following design elements:
               1.   Front elevation:
                  (a)   Each front elevation shall include three types of siding designs in two different styles that provide noticeable variations in color, texture, design and/or shape. Materials and overall design shall provide breaks and reduce blank spaces within the elevation. One siding style can be used provided a second hard material, such as stone or brick, is included on both the house and garage portions of the elevation. Vinyl siding shall not be permitted on any front elevation. When used, brick and stone must wrap the house corner at least 6 inches.
                  (b)   A plaque address stone is required.
                  (c)   All windows, on all elevations, shall include trim at a minimum of 4 inches wide.
                  (d)   Design of front exterior elevations shall be varied within the development with a minimum of 5 different styles provided.
                  (e)   Homes in proximity to each other shall not look alike in terms of color of siding, accent and roofing materials. The home under consideration will be compared to the 2 homes on the 2 lots on either side of it and to the 3 homes directly facing it.
               2.   Architectural elements: All front elevations shall contain a minimum of 4 of the following elements:
                  (a)   Corner trim;
                  (b)   Shutters;
                  (c)   Dormers;
                  (d)   Front porch;
                  (e)   Frieze board;
                  (f)   Eighteen inch heel rise;
                  (g)   Covered stoop;
                  (h)   Belly band;
                  (i)   Decorative window header;
                  (j)   Decorative windows and/or window grids; or
                  (k)   Gabled end returns.
               3.   Anti-monotony requirements: Design of front exterior elevations shall be varied within the development with a minimum of 5 different styles provided.
                  (a)   Homes in proximity to each other shall not look alike in terms of color of siding, accent and roofing materials. The home under consideration will be compared to the 2 homes on the 2 lots on either side of it and to the 3 homes directly facing it.
                  (b)   Villa neighborhoods within developments shall be allowed to have a monochromatic color variation as approved by the Zoning Administrator.
               4.   Garages: All homes shall tame the appearance of the garage in a manner consistent with the following:
                  (a)   All garage doors shall include raised panels, windows, accents or other details to break up its scale and to make it more of a continuation of the home.
                  (b)   The color of the garage door shall be compatible with the front facade.
                  (c)   The use of flush steel doors is prohibited.
                  (d)   Home designs shall reduce the impact of blank areas above the garage doors through the use of windows, louvers, lowered roof lines, eyebrows, frieze board, or other trim and details consistent with the overall architecture.
                  (e)   Garage doors shall be wrapped with columns, trim or other design elements that is consist with the major materials of the house.
                  (f)   Any garage on a corner lot shall have a window, window like feature or trim elements that break up the facade.
                  (g)   Garage width shall not comprise more than 70% of the viewable street-facing linear building frontage.
               5.   Roof:
                  (a)   Architectural design roofing materials including composition, wood shingles (including shake), concrete, clay or ceramic tile roofs are required on all roofs.
                  (b)   Overhangs must be a minimum of 12 inches on all elevations.
                  (c)   No bright or garish shingles are allowed.
               6.   Side and rear facades:
                  (a)   Equal architectural treatment of all sides of the building shall be used for all elevations located on or visible from a street or public park. Each elevation shall use a minimum of 2 different materials compatible with the front elevations.
                  (b)   Each side elevation on a corner lot shall have at least 1 window or door opening which cannot be garage.
                  (c)   A maximum of 18 inches of the foundation wall may be exposed on any elevation.
               7.   Fences: All new developments shall designate a permitted fence type in covenants.
               8.   Perimeter landscaping: All front elevations shall be landscaped with rock, mulch, or other decorative material. Sod is not an acceptable perimeter foundation material.
               9.   Buffer yards: A buffer yard and additional landscape screening will be required when a higher density zoning district (i.e. R-1A adjacent to R-1) is adjacent to a lower density zoning district. The screening requirements are applicable when any portion of a lot with a higher zoning designation shares a property line with a lot of a lower zoning designation. Within the buffer yard landscape screening shall consist of:
                  (a)   Buffer yard shall be a minimum of 20 feet wide.
                  (b)   Planting screens shall consist of healthy, hardy plants, a minimum of 6 feet in height and designed to provide a year round visual screen at the time of installation whenever screening or buffering is required. A minimum of 6 trees per 100 feet of property boundary adjacent to a lower density zoning district. Additional trees may be required to accomplish required screening. A variety of species, including deciduous, non-deciduous trees and shrubs shall be provided.
                  (c)   Landscape screen plant material shall be staggered to avoid single rows.
                  (d)   Shrubs shall be arranged to lessen the visual gaps between trees.
                  (e)   Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.
                  (f)   Buffer yards shall be platted through lots and be placed in a separate conservation and landscape easement to be recorded at the time of final plat.
         (1)   Intent. The A-1 and SA zones are intended for agricultural use in areas that are not served by public sewer and water. The SA zone is for long-term agriculture and enrollment in the State Agricultural Preserve Program. Owners of at least 40 acres of agricultural land or 10 acres of land, devoted to agricultural use and contiguous to at least 40 acres of special agricultural land, may petition the City to zone the property Special Agriculture. The City will review the Dayton Comprehensive Plan, sanitary sewer phasing, the suitability of the land and other factors to determine the suitability of rezoning actions to SA and A-1.
         (2)   Permitted uses. See Table 5.1 for a list of permitted uses.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional use. Also see Table 5.1 for a list of other permitted accessory uses.
            a.   Private garages and agricultural accessory buildings, in accordance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 roomers.
            c.   Private swimming pools and tennis courts.
         (4)   Conditional uses. See Table 5.1 for a listing of conditional/interim uses.
         (5)   District requirements.
A-1 & SA
A-1 & SA
Minimum lot size
40 acres
Minimum lot frontage
300 feet
Minimum corner lot front frontage
300 feet
Minimum lot width at setback
300 feet
Minimum lot depth
330 feet
Maximum impervious surface coverage
10%/lot
Setbacks
Dwelling
Front, side or rear to a street*
30 feet
   Side
10 feet
   Rear
20 feet
 
         (6)   Essential Services Agricultural District (A-1E). The maximum lot size of a single lot shall be 5 acres if zoned A-1E (Essential Services). The only use on a lot zoned A-1E shall be essential services. All other requirements of the A-1 zone shall apply.
         (1)   Intent. A special homestead subdivision and rezoning to A-2 is permitted to subdivide a homestead existing prior to January 1, 2004 from the remainder of a nominally 40 acre or larger parcel (including road right-of-way) when meeting the requirements outlined in this chapter of the City Code. The intent is to allow subdivision of the homestead of a parcel from the remaining acreage while maintaining a density of 1 unit per 40 acres by creating a homestead parcel and a non-buildable outlot for the remainder of the nominally 40 acre or larger parcel. The homestead parcel will be required to result in not less than 2.5 acres in size, and the remaining acreage, which is non-buildable, would be required to result in not less than 20 acres in size and platted as an outlot. The A-2 zone is intended for agricultural use in areas that are not served by public sewer and water. The homestead parcel may be reduced to 1.0 acre in size if the property has access to municipal sewer and water services. The City will review the Dayton Comprehensive Plan, sanitary sewer phasing, the suitability of the land and other factors to determine the suitability of rezoning actions to A-2.
         (2)   Permitted uses. See Table 5.1 for a list of permitted uses.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional use. Also see Table 5.1 for a list of other permitted accessory uses.
            a.   Private garages and agricultural accessory buildings, in accordance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 roomers.
            c.   Private swimming pools and tennis courts.
         (4)   Conditional uses. See Table 5.1 for a listing of conditional/interim uses.
         (5)   General district requirements.
Homestead Parcel
Homestead Parcel (Sewer and Water)
Non-Buildable Outlot
Homestead Parcel
Homestead Parcel (Sewer and Water)
Non-Buildable Outlot
Minimum district size
The original parcel is required to be nominally 40 acres including right-of-way if any, prior to the homestead and non-buildable parcel lot split.
Minimum lot size
2.5 acres
1.0 acres
20 acres - required to be an outlot
Minimum lot frontage
300 feet
180 feet
300 feet
Minimum corner lot front frontage
300 feet
300 feet
300 feet
Minimum lot width at setback
300 feet
240 feet
300 feet
Minimum lot depth
330 feet
120 feet
330 feet
Maximum impervious surface coverage
30%/lot
30%/lot
Not applicable-no new buildings permitted
 
            a.   Additional requirements.
               1.   The original parcel is required to be equal to or greater than 40 acres including right-of-way if any, prior to the homestead and non-buildable parcel lot split. A non-buildable outlot is required to be created that is not less than 20 acres in size, and a homestead parcel is required to be created that is not less than 2.5 acres in size or 1.0 acre in size if the property has access to municipal sewer and water services.
               2.   If the homestead parcel created has been assessed for public sewer and water the homestead parcel must connect to public sewer and water.
               3.   Development restriction on non-buildable outlot. Remaining acreage outlot shall not be homestead nor permitted any building permit until the time as 1 of the following occurs:
                  (a)   The minimum lot size requirement of the zoning district is reduced to allow subdivision; or
                  (b)   City sewer and water is available and proper rezoning is completed.
               4.   Future road access requirement.
                  (a)   There shall be proof, submitted by the applicant and subject to the review and approval of the City, that there is sufficient space for at least 2 future 66 foot wide road right-of-way corridors, located in a manner to allow efficient access points for future subdivision of the non-buildable outlot and at least 250 feet apart, preferably further apart. Two access points shall not be required when environmental conditions, as determined by the City, prohibit 2 access points to a portion of the lot.
               5.   Required agreements/easements.
                  (a)   The applicant shall be required to enter into agreements and documents drafted by the City Attorney, including, but not limited to, restrictive covenants on the non-buildable outlot parcel, covenants on the homesteaded parcel, and an agreement with the City that binds current and future landowners. The above-mentioned agreements and documents shall include, but are not limited to, the following terms:
                     i.   No further subdivision shall be permitted of the homestead parcel and the non-buildable outlot until either:
                        1.   The minimum lot size requirement of the zoning district is reduced to allow subdivision; or
                        2.   City sewer and water is available and proper rezoning is completed.
                  (b)   The non-buildable outlot parcel shall be unbuildable and no building permits shall be issued until the conditions in item 5.(a) above are met.
               6.   Park dedication. The homestead parcel shall count as 1 dwelling unit, and park dedication and/or fees shall be due on the remaining acreage parcel if and when either approval for the construction of a principal dwelling is granted by the City on the non-buildable outlot, or approval for subdivision of the non-buildable outlot is granted by the City. No park dedication credit shall be given for the non-buildable outlot being a separate legal parcel.
               7.   Other requirements. All other A-2 zoning and City, state and federal rules and regulations shall be met.
               8.   Application processing.
                  (a)   Applicants shall submit a request for administrative approval of the lot split, in accordance with Subsection 1002.02, including the required application, fees and escrow.
                  (b)   If the land is to be conveyed by metes and bounds, applicants shall submit a request for a waiver allowing the conveyance in accordance with Subsection 1002.09, Subd. 3. Information shall be submitted detailing how the future road access requirement noted above will be met.
         (6)   Dwelling setbacks: A-2 Homestead Parcel only.   
 
Front, side or rear to a street*
30 feet
Side
10 feet
Rear
20 feet
* Minimum setback to an arterial street is 50 feet.
 
         (7)   Dwelling - maximum height. 35 feet.

Subd. 2 Single-Family Residential District with Lot Averaging (R-1A)

         (1)   Purpose. The purpose of the R-1A, Single-Family Residential District with Lot Averaging is to provide for development of low-density neighborhoods on property guided low-density on the Future Land Use Plan, with varying lot width and lot sizes that is planned in a manner that maintains the natural topography of the site, preserve more open space than what would otherwise be achieved, and preserves or enhances natural features on the site within private common and public open space.
         (2)   Development in an R-1A shall provide shared amenities on site together with the variety of lot width and lot sizes in an integrated and well planned development including a greater variety in home design.
         (3)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-1A District:
            a.   Uses permitted in the R-1 District.
         (4)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional uses:
            a.   Accessory uses permitted in the R-1 District.
         (5)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-1A District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code.
            a.   Conditional uses permitted in the R-1 District.
         (6)   Lot requirements. The following minimum requirements shall be observed in an R-1A District subject to additional requirements, exceptions and modifications set forth in this Code:
            a.   Minimum lot requirements:
               1.   Lot size/width. The minimum lot size for R-1A lots shall be 10,000 square feet. In order to accommodate a variety of lot sizes, the minimum lot width at setback for interior lots shall be 65 feet while the overall development area shall provide an average lot width of 70 feet.
         (7)   Exception. R-1A zoned areas within the Critical Area Boundary as shown the Future Land Use Plan shall maintain a minimum lot area of 20,000 square feet.
         (8)   Setbacks. The following minimum requirements shall be observed in an R-1A District subject to additional requirements, exceptions and modifications set forth in this Code:
Minimum lot size
10,000 SF
Minimum lot width at setback
65 feet with overall average of 70 feet
Minimum lot frontage at street
50 feet
Minimum corner lot frontage
10 feet wider than adjacent interior lot
Maximum impervious surface
50%
Setbacks - Dwelling
Living area or side loaded garage
25 feet
Front porch (120 sq. ft.)
20 feet
Garage front
30 feet
Side yards
10 feet
Side yard corner lot
20 feet
Rear
30 feet
Maximum height (as measured from the midpoint on a hipped or pitched roof)
35 feet
Decks and attached open structures
Front, side or rear to street
30 feet
Side
10 feet
Rear
15 feet
*Minimum setback to an arterial street is 50 feet
 
            a.   Front yard. The front yard setback living area in an R-1A District shall be 25 feet. The setback may be reduced to 20 feet 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 120 square feet of above grade finished livable space.
               2.   The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.
               3.   The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
               4.   The structure does not adversely affect drainage on the lot or neighboring properties. We should be able to remove.
            b.   Rear yard. All rear yards shall have a usable rear yard with a minimum of 20 feet of depth measured from the rear of the building pad. This usable rear yard shall be unencumbered by wetlands, wetland buffer, stormwater ponds or infiltration facilities, and/or drainage and utility or other restrictive easements.
         (9)   Special minimum requirements.
            a.   All development in R-1A shall follow the same special minimum requirements as listed in the R-1 District Subd. 1(6).

Subd. 3 Single-Family Residential District (R-2)

         (1)   Purpose. The purpose of the R-2, Single-Family Residential District is to provide for low-density, large lot, single-family detached residential dwelling units and directly related, complementary uses on land that is:
            a.   Substantially developed with single-family detached residential dwellings on parcels of 90,000 square feet or larger;
            b.   Areas where municipal services are not yet provided.
         (2)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-2 District:
            a.   Uses permitted in the R-1 District.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional uses:
            a.   Accessory uses permitted in the R-1 District.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-2 District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code.
            a.   Conditional uses permitted in the R-1 District.
            b.   Existing agricultural uses as of the date of this Subsection.
            c.   Cemeteries.
            d.   Horse boarding and riding facilities.
         (5)   Lot requirements and setbacks. The following minimum requirements shall be observed in an R-2 District subject to additional requirements, exceptions and modifications set forth in this Code:
 
Minimum lot size
90,000 SF
Minimum lot width
200 feet
Minimum lot depth
200 feet
Maximum impervious surface
30%
* Minimum setback to an arterial street is 50 feet
 
Setbacks - Dwelling
Setbacks - Dwelling
Living area
25 feet
Front porch*
20 feet
Garage
30 feet
Side to dwelling
10 feet
Side to non-dwelling
10 feet
Rear
20 feet
* Per requirements in Subdivision 3(5)a. below
 
            a.   Front yard. The front yard setback for living area in an R-2 District shall be 25 feet. The setback may be reduced to 20 feet 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 120 square feet of above grade finished livable space.
               2.   The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.
               3.   The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
               4.   The structure does not adversely affect drainage on the lot or neighboring properties.
         (6)   Special minimum requirements.
            a.   Utility connections for septic development in areas ultimately planned for sanitary sewer access shall be designed to accommodate future connection to sanitary sewer and municipal water supply.
            b.   All development in R-1A shall follow the same special minimum requirements as listed in R-1.

Subd. 4 Residential Estate District (R-E)

         (1)   Purpose. The purpose of the R-E, Residential Estate District is to provide for low-density, large lot, single-family detached residential dwelling units and directly related, complementary uses on land that is:
            a.   Substantially developed with single-family detached residential dwellings on parcels of 90,000 square feet or larger;
            b.   Adjacent to the Mississippi River bluff and within the Critical Area Boundary;
            c.   Located in areas of steep slopes, significant vegetation, wetlands or other unique natural features which, in the opinion of the City Council are necessary to maintain the character of the area or the community and which would be irreparably harmed by denser development; or
            d.   Constrained by topographic or other physical conditions, where in the opinion of the City Council, municipal sanitary sewer service will not be practical.
         (2)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-E District:
            a.   Permitted uses in R-1 District.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional uses:
            a.   Accessory uses permitted in the R-1 District.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-E District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code.
            a.   Conditional uses in the R-1 District.
         (5)   Lot requirements and setbacks. The following minimum requirements shall be observed in an R-E District subject to additional requirements, exceptions and modifications set forth in this Code:
 
Minimum lot size
5 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Maximum impervious surface
25%
* minimum setback to an arterial street is 50 feet
 
 
Setbacks - Dwelling
Front, side or rear to a street
30 feet
Side
20 feet
Rear
20 feet
 
            a.   Front yard. The front yard setback for a principal structure in an R-E District shall be 30 feet. The setback may be reduced to 20 feet 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 120 square feet of above grade finished livable space.
               2.   The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.
               3.   The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
               4.   The structure does not adversely affect drainage on the lot or neighboring properties.
         (6)   Special minimum requirements.
            a.   Utility connections for septic development in areas ultimately planned for sanitary sewer access shall be designed to accommodate future connection to sanitary sewer and municipal water supply.
            b.   All development in R-1A shall follow the same special minimum requirements as listed in R-1.

Subd. 5 Single-Family Attached and Detached District (R-3)

         (1)   a.   Purpose. The purpose of the R-3, Single-Family Attached and Detached District is to allow a mix of single-family detached and single-family attached housing (with a maximum of 4 units per building) at a more moderate single-family density. The R-3 District will also support a range of lot sizes of single-family detached, including villas, to accommodate natural topography of the site, preserve open space, natural features and provide shared amenities on site with a variety of lot width and sizes that support a greater variety in home design within a single development that is served by municipal sewer and water.
            b.   A conventional subdivision of traditional single-family housing units is also allowed provided it meets minimum density requirements.
         (2)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-3 District:
            a.   Permitted uses as allowed within the R-1 Zoning District.
            b.   Attached single family dwelling units (townhomes, single or multi-level).
            c.   Two-family dwelling units.
            d.   Four-plex dwelling units.
         (3)   Permitted accessory uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted accessory uses in an R-3 District:
            a.   Accessory uses permitted in the R-1 Zoning District except townhomes, twin homes, or quad units shall not be permitted attached or interior accessory dwelling units.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-3 District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code.
            a.   Conditional uses permitted in the R-1.
         (5)   Lot requirements and setbacks.
            a.   Minimum lot requirements:
               1.   Lot area. Total lot area of single family detached lots may vary to accommodate variety in subdivision design and layout provided the development includes public and private open space, increased protection of natural resources and/or on site amenities above what is required by ordinance.
                  (a)   All R-3 developments shall incorporate 4 of the following elements into the development plan. These elements shall be identified during the concept plan review process and incorporated into the development plan at time of Preliminary Plat.
                     i.   Public or private open space accessible and useable by the neighborhood and surrounding neighborhoods;
                     ii.   Increased park land dedication beyond the required park dedication amount when land is required by the ordinance;
                     iii.   Expansion of existing open space or open space corridors and/or linking open space corridors beyond borders of the site;
                     iv.   Preservation of existing natural resources, woodlands and unique topographical features if they exist;
                     v.   Increased landscape buffer along roadways beyond minimum requirements of the ordinance;
                     vi.   Increased internal landscaping throughout the site beyond minimum requirements of the ordinance;
                     vii.   Private parks furnished with commercial grade playground equipment approved by City Staff;
                     viii.   Enhanced pedestrian scale and decorative street lighting;
                     ix.   Construction of trails (above what is required by ordinance);
                     x.   Sidewalks are provided on both sides of the street;
                     xi.   Recreational facilities, pool or other on site amenities which serve the entire development;
                     xii.   Monument signage with decorative lighting, and enhanced entry landscaping surrounding the monument;
                     xiii.   Water feature at entry or used in storm water ponds;
                     xiv.   Architectural detail beyond minimum requirements of the ordinance;
               2.   Minimum single-family detached lot size shall be 6,500 square feet. Single- family lot widths shall be a minimum of 55 feet provided all single-family lot widths in the development area average to 62 feet in width as measured from the required front setback and no more than 30% of the lots shall be less than 62 feet wide. Required elements include the following:
                  (a)   Category 1: Choose 2 of the following:
                     i.   Public or private open space (above what is excluded in net calculation);
                     ii.   Increased park land dedication beyond the required park dedication amount when land is required by the ordinance;
                     iii.   Expansion of existing open space or open space corridors and/or linking open space corridors beyond borders of the site;
                     iv.   Preservation of existing natural resources and woodlands (as mapped as the greenway corridor on the Land Use Plan) beyond minimum net calculation or required by ordinance.
                  (b)   Category 2: Choose 1 or more of the following:
                     i.   Site amenities: private parks, enhanced pedestrian scale and decorative street lighting, tot lots, trails (above what is required by ordinance), recreational facilities, community center, pools or other on site amenities which serve the entire development.
                  (c)   Category 3: Choose 1 of the following:
                     i.   Implementation of storm water reuse for common areas and individual lots irrigation;
                     ii.   Multiple development wide enhanced entry features including the following elements: monument signage with decorative lighting, water feature and enhanced entry landscaping surrounding the monument;
                     iii.   Architectural detail beyond minimum requirements;
               3.   When a development contains a mixture of attached and detached dwelling units a transition area shall be provided through means of landscaping berming, buffering, or other manner.
               4.   Density. The minimum net density for the total development shall be 2 units per acre with a maximum density of 4 units per net acre. When calculating net density exclude from gross acres wetlands and water bodies, public park dedication, arterial streets and natural resources mapped as the Greenway Corridor on the Comprehensive Land Use Plan.
            b.   General standards for approval.
               1.   A rezoning will be required for all R-3 development. The rezoning shall be considered at the same time as a site plan review and/or preliminary or final plat review. A rezoning to R-3 cannot be approved independently. The City may approve the rezoning only if it finds that the development satisfies all of the requirements in this section and all of the following requirements:
                  (a)   The rezoning to R-3 is an effective treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities.
                  (b)   The rezoning to R-3 and associated development plan is prepared in a manner that harmonizes with an existing or proposed development in the areas surrounding the project including connections to natural resources, open space and trails.
                  (c)   The R-3 rezoning and development plan, using a range of lot sizes, provides better adaptation to physical and aesthetic conditions of the site.
                  (d)   The R-3 rezoning and development plan provides a better mix of lot sizes, house styles in an overall integrated design to achieve a higher quality development.
         (6)   Exception. R-3 zoned areas within the Critical Area Boundary as shown the Future Land Use Plan shall maintain a minimum lot area of 20,000 square feet.
         (7)   The following minimum requirements shall be observed in an R-3 District subject to additional requirements, exceptions and modifications set forth in this Code:
Single-Family Detached
Attached Single- Family (up to 4 units)
Single-Family Detached
Attached Single- Family (up to 4 units)
Minimum lot size (SF)
6,500 sq. ft.
6,500 sq. ft. per unit1
Minimum lot width at setback (SF)
55 feet with all lots meeting overall average of 62 feet
No established minimum
Minimum lot frontage
50 feet
No established minimum
Minimum corner lot frontage
10 feet wider than adjacent interior lot
 
Maximum impervious surface
50%
No established minimum2
Setback
Single-Family Detached
Single-Family Attached
Living area or side loaded garage
25 feet
25 feet
Front porch (120 sq. ft.)
20 feet
20 feet
Garage front
30 feet
30 feet
Side yards
7.5 feet (for lots 62 feet and smaller and 10 feet (for lots greater than 62 feet)
10 feet
Side yard corner lots
20 feet
 
Rear
30 feet
20 feet
Maximum height (as measured from the midpoint on a hipped or pitched roof)
35 feet
35 feet
Minimum setback to arterial street
50 feet
50 feet
Notes: 1 No minimum per unit lot size if common site area owned and maintained by homeowner’s association.
2 Impervious surface for attached single-family shall be reviewed with stormwater review.
3 Detached single-family home setbacks are measured to property boundaries.
Decks and Attached Open Structures
Front, side or rear to street
30 feet*
Side
7.5 feet
Rear
15 feet
*Minimum setback to an arterial street is 50 feet
 
 
            a.   Front yard (detached single-family). The front yard setback for living area in an R-3 District shall be 25 feet. The setback may be reduced to 20 feet 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 120 square feet of above grade finished livable space.
               2.   The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.
               3.   The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling.
               4.   The structure does not adversely affect drainage on the lot or neighboring properties.
            b.   Rear yard (detached single-family). All rear yards shall have a usable rear yard with a minimum of 20 feet of depth measured from the rear of the building pad. This usable rear yard shall be unencumbered by wetlands, wetland buffer, stormwater ponds or infiltration facilities, and/or drainage and utility or other restrictive easements.
         (8)   Special minimum requirements - detached single-family.
            a.   A private 2 car garage with a minimum floor area of 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.
               1.   Two surface parking spaces shall be provided in a driveway location.
               2.   For non-residential permitted or conditional uses, parking shall be as required in Subsection 1001.19.
            b.   All developed properties shall display the street address on at least 1 street frontage.
            c.   Newly constructed single-family homes (detached) shall be constructed with the design elements as required in R-1 Single Family Residential District.
         (9)   Special minimum requirements for attached dwelling units.
            a.   Unit size. The following unit size shall apply:
               1.   Floor area: 500 square foot minimum floor area for efficiency apartment units. Minimum 800 square feet for a 1-bedroom unit plus 100 square feet for each additional bedroom. Seven hundred square foot minimum floor area for 1-bedroom apartment dwelling units in retirement housing developments, plus 100 square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units.
            b.   Unit width. The minimum width of a dwelling unit within the R-3 District shall be 25 feet.
            c.   Unit construction.
               1.   Subdivision requests. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance of this Code. Building floor plans shall identify the interior storage space within each unit.
               2.   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.
               3.   Minimum overhang. In case of a gable roof, a minimum 12 inch soffit shall be required.
               4.   Exterior building finish. The exterior of attached/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, attached/townhome dwelling structures shall comply with the following requirements:
                  (a)   A minimum of 25% 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.
                  (b)   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.
                  (c)   Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60% of all building facades of 1 type of exterior finish.
                  (d)   For the purpose of this section and material calculations:
                     i.   The area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
                     ii.   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.
                     iii.   Integral colored split face (rock face) concrete block shall not qualify for meeting the brick, stucco and/or natural or artificial stone material requirements.
               5.   Color. Each attached/townhome building shall feature a broad array of colors, including earth tones, muted natural colors found in surrounding landscape or other colors consistent with the adjacent neighborhood. Buildings in proximity to each other shall not look alike in terms of color of siding, accent and roofing materials. The home under consideration will be compared to 2 homes on 2 lots on either side of it and to the 3 homes directly facing it.
               6.   Facades and walls. Each attached/townhome dwelling unit shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to adjacent single-family dwellings.
               7.   Roofs. Each attached/townhome building shall feature a combination of primary and secondary roofs. Primary roofs shall be articulated by at least 1 of the following elements:
                  (a)   Changes in place and elevation.
                  (b)   Dormers or gables.
                  (c)   Transitions to secondary roofs over entrances, garages, porches, bay windows.
               8.   Garages.
                  (a)   Each dwelling unit shall include an attached garage.
                  (b)   Garages shall comply with the following minimum size standards:
                     i.   For dwellings with basements: 440 square feet.
                     ii.   For dwellings without basements: 540 square feet.
                     iii.   Garages shall be a minimum of 20 feet in width.
            d.   Outside storage. Outside storage shall be allowed only in designated areas which are screened in accordance with Subsection 1001.24 of this Code and under the ownership of the property owners’ association subject to other applicable provisions of this Code.
         (10)   Common areas. The following minimum requirements shall be observed in the R-3 District governing common areas:
            a.   Ownership. All common areas within an R-3 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in 1 of the following manners:
               1.   Twinhome 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-3 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 1 individual property owner having interest within the development.

Subd. 6 Medium Density Residential District (RM)

         (1)   Purpose. The purpose of the RM, Medium Density Residential District is to allow a variety of housing types including single-family attached and detached dwelling and multi-family with a minimum net density of 6 units per acre and maximum net density of 12 units per acre.
         (2)   Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an RM District:
            a.   Public parks, trails, playfields, playgrounds, and directly related buildings and structures.
            b.   Residential facility serving 6 or fewer persons in a single-family detached dwelling.
            c.   Single-family detached dwellings.
            d.   More than 1 principal building on a base lot.
            e.   Twin, threeplex and fourplex multiple-family units.
            f.   Townhomes with no more than 6 dwelling units per structure if in a row or no more than 8 dwelling units if back to back, with each having a separate entrance.
         (3)   Permitted accessory uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted accessory uses in the RM District:
            a.   All permitted accessory uses as allowed within the R-1 Zoning District, except for accessory dwellings units.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an RM District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code.
            a.   All conditional uses as allowed within the R-1 Zoning District.
            b.   Personal wireless service antenna and towers as regulated by Subsection 1001.21 of this Code.
         (5)   Lot requirements and setbacks. The following minimum requirements shall be observed in an RM District subject to additional requirements, exceptions and modifications set forth in this Code:
            a.   Minimum lot requirements.
               1.   Lot area.
                  (a)   Detached single-family: 9,000 square feet;
                  (b)   Multiple-family dwelling: 43,560 square feet or 1 acre;
                  (c)   Attached townhouse: 7,500 square feet per unit, or no minimum lot size if common site area owned and maintained by a homeowner’s association.
                  (d)   Lot width.
                     i.   Detached single-family: 65 feet;
                     ii.   Multiple-family dwelling: 100 feet;
                     iii.   Attached townhouse: no established minimum.
               2.   Setbacks.
                  (a)   Principal structure.
                     i.   Front yard:
                        1.   Arterials: 50 feet from the public right-of-way;
                        2.   Collector street: 30 feet from the public right-of-way;
                        3.   Local street: 30 feet from the public right-of-way;
                        4.   Private street: 30 feet from the back of the curb or edge of pavement;
                        5.   Internal: 20 feet between attached or multi-family principal structures separated by common area.
                     ii.   Side yard:
                        1.   Single-family dwelling: 10 feet (unless abutting a side street 20 feet);
                        2.   Multiple-family dwelling: 15 feet (unless abutting a side street 20 feet).
                     iii.   Side street:
                        1.   Single-family dwelling: 20 feet;
                        2.   Multiple-family dwelling: 20 feet.
                     iv.   Rear yard: 25 feet.
                     v.   Internal: 20 feet between principal structures.
               3.   Building height.
                  (a)   Principal structures: shall be limited to a maximum height of 45 feet or 3 stories, whichever is less.
         (6)   Special minimum requirements - single-family.
            a.   All single family development in RM shall follow the same special minimum requirements for single family as listed in R-3.
         (7)   Special minimum requirements for single-family attached, twin, threeplex and fourplex multiple-family units and townhomes.
            a.   Unit size. The following unit size shall apply:
               1.   Floor area: 500 square foot minimum floor area for efficiency apartment units. Minimum 800 square feet for a 1-bedroom unit plus 100 square feet for each additional bedroom. Seven hundred square foot minimum floor area for 1-bedroom apartment dwelling units in retirement housing developments, plus 100 square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units.
            b.   Unit width. The minimum width of a dwelling unit within the RM District shall be 25 feet.
            c.   Unit construction.
               1.   Subdivision requests. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance of this Code. Building floor plans shall identify the interior storage space within each unit.
               2.   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.
               3.   Minimum overhang. In case of a gable roof, a minimum 12 inch soffit shall be required.
               4.   Exterior building finish. The exterior of attached/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, attached/townhome dwelling structures shall comply with the following requirements:
                  (a)   A minimum of 25% 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. This percent shall increase to 40% for all 2-story structures and above and any buildings with 4 or more units.
                  (b)   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.
                  (c)   Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60% of all building facades of 1 type of exterior finish.
                  (d)   For the purpose of this section and material calculations:
                     i.   The area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
                     ii.   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.
                     iii.   Integral colored split face (rock face) concrete block shall not qualify for meeting the brick, stucco and/or natural or artificial stone material requirements.
            d.   Color. Each attached/townhome building shall feature a broad array of colors, including earth tones, muted natural colors found in surrounding landscape or other colors consistent with the adjacent neighborhood. Homes in proximity to each other shall not look alike in terms of color of siding, accent and roofing materials. The home under consideration will be compared to 2 homes on 2 lots on either side of it and to the 3 homes directly facing it.
            e.   Facades and walls. Each attached/townhome dwelling unit shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to adjacent single-family dwellings.
            f.   Roofs. Each attached/townhome building shall feature a combination of primary and secondary roofs. Primary roofs shall be articulated by at least 1 of the following elements:
               1.   Changes in place and elevation.
               2.   Dormers or gables.
               3.   Transitions to secondary roofs over entrances, garages, porches, bay windows.
            g.   Garages.
               1.   Each dwelling unit shall include an attached garage.
               2.   Garages shall comply with the following minimum size standards:
                  (a)   For dwellings with basements: 440 square feet.
                  (b)   For dwellings without basements: 540 square feet.
                  (c)   Garages shall be a minimum of 20 feet in width.
            h.   Outside Storage. Outside storage shall be allowed only in designated areas which are screened in accordance with Subsection 1001.24 of this Code and under the ownership of the property owners’ association subject to other applicable provisions of this Code.
            i.   Utilities.
               1.   Underground or exterior service: All utilities serving an RM subdivision, including telephone, electricity, gas and telecable 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.
               2.   Public utility service: Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
               3.   Water connection: Individual unit shutoff valves shall be provided.
               4.   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.
            j.   Streets and drive areas shall follow requirements in Section 1002.
            k.   Guest parking. At minimum, ½ 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 Subsection 1001.19.
            l.   Parking lot screening.
               1.   The light from automobile headlights and other sources shall be screened whenever it may be directed onto residential windows.
               2.   When required parking areas abut any Residential District, the edge nearest the lot line shall be completely screened to a height of at least 3 ½ feet above the parking grade. Such screening shall either be constructed of durable building materials designed in harmony with the principal structure or accomplished through use of earth mounds and/or landscape materials as approved.
               3.   When the design of the site is such that parking occurs in the front yard, a minimum of 10 feet landscaped area shall be provided between parking and building, in addition to the required setbacks.
            m.   Recreational facilities. On site recreational facilities, such as swimming pools, tennis courts, play equipment, walking trails, gardens, and basketball courts, that are suitable for the projected population of the development shall be provided when the nearest public park is more than ½ mile or across a thoroughfare or arterial roadway from the development.
         (8)   Common areas. The following minimum requirements shall be observed in the RM District governing common areas:
            a.   Ownership. All common areas within an RM development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in 1 of the following manners:
               1.   Condominium ownership pursuant to M.S. § 515A.1-106, as may be amended from time to time.
               2.   Twinhome, 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 RM 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 1 individual property owner having interest within the development.

Subd. 7 High Density Residential District (RH)

         (1)   Purpose. The purpose of the RH, High Density Residential District, is to allow development of multi-family housing. It is intended that this district provide a mix of life-cycle housing choices throughout the City with a minimum net density of 10 units per acre or greater.
         (2)   Permitted uses.
            a.   Public parks, trails, playfields, playgrounds, and directly related buildings and structures.
            b.   Residential facility serving 6 or fewer persons.
            c.   More than 1 principal building on a base lot.
            d.   Townhomes with no more than 6 dwelling units per structure if in a row or no more than 8 dwelling units if back to back, with each having a separate entrance.
            e.   Dwelling, multiple-family (apartment, condominium, cooperative).
         (3)   Accessory uses.
            a.   Day care facility, licensed - serving 7 to 14 persons.
            b.   Home occupations.
            c.   Residential facility, licensed - serving 7 to 10 persons.
            d.   Only those accessory buildings, structures, or fences owned and maintained by a homeowners’ association shall be erected on a common base lot or on an individual unit lot for 2-family, townhome dwellings.
         (4)   Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an RH District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23.
            a.   All conditional uses as allowed within the R-M Zoning District.
         (5)   Lot requirements and setbacks. The following minimum requirements shall be observed in an RH District subject to additional requirements, exceptions and modifications set forth in this Code:
 
Minimum lot size
2 acres
Minimum width*
100 feet
Maximum impervious surface (per lot)
65%
* overall development, individual lot may be less
** 7,500 square feet per detached or attach townhome
Attached townhome - no established min. lot width
 
 
Setbacks - Dwelling
Front, side or rear to a street**
50/40
Side
10 feet + .25 for each 1 foot of structure height in excess of 30 feet
Rear
30 feet
Dwelling maximum height
50 feet
** arterial or collector/local streets
 
         (6)   Special minimum requirements for multi-family residential developments.
            a.   Unit size. 
               1.   Floor area: 500 square foot minimum floor area for efficiency apartment units. Minimum 800 square feet for a 1-bedroom unit plus 100 square feet for each additional bedroom. Seven hundred square foot minimum floor area for 1-bedroom apartment dwelling units in retirement housing developments, plus 100 square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units.
            b.   Utilities. All multiple-family dwellings shall be served by public sanitary sewer and water.
            c.   Parking. The design and maintenance of off street parking areas and the required number of parking spaces shall be in accordance with Subsection 1001.19 of this Code. Private driveways for garages in townhouse developments shall be a minimum of 20 feet in length to allow vehicle parking on the driveway.
            d.   Trash handling and recycling. All trash, recyclable materials, and trash and recyclable materials handling equipment shall be stored within the principal structure, totally screened from public view by the principal building, or stored within an accessory structure constructed of building materials compatible with the principal structure, enclosed by a roof, and readily served through swinging doors. Compactors that are attached to the principal structure shall be totally screened from eye level view from public streets and adjacent properties by a screening wall constructed of the same building material as the principal structure.
            e.   On site screening. All mechanical equipment, utility meters, storage and service areas and similar features shall be completely screened from the eye level view from adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal structure.
            f.   Building design and materials - multi-family (stacked). All buildings shall be designed to accomplish the goals and policies of the Comprehensive Plan. Building materials shall be attractive in appearance, durable, and of a quality which is both compatible with adjacent structures and consistent with the City’s standards for the district in which it is located. All buildings shall be of good aesthetic and architectural quality, as demonstrated by the inclusion of elements such as accent materials, entrance and window treatments, contrasting colors, irregular building shapes and rooflines, or other architectural features in the overall architectural concept.
               1.   Major exterior surfaces on all walls shall include a minimum of 50% of the combined area of all building facades of a structure shall contain following permitted major exterior materials: face brick (glazed or unglazed), clay faced tile, stone masonry (granite, limestone, marble, slate, sandstone, or quartzite).
               2.   Accent materials may include: finished texture stucco (cement or synthetic), exterior finished wood siding (painted, stained, or weather sealed), exterior finished metal siding (not including sheet metal of any kind), exterior finished vinyl siding or fiber cement siding in lap or panel design (color impregnated or painted). Panel seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can either be filled, covered with accent material or some other method to make seam lines invisible. Accenting materials and design shall be included on all facades.
               3.   All building and roofing materials shall meet current accepted industry standards, and tolerances, and shall be subject to review and approval by the City for quality, durability, and aesthetic appeal. The applicant shall submit to the City product samples, color building elevations, and associated drawings which illustrate the construction techniques to be used in the installation of such materials.
               4.   If complementary building styles, materials, and color schemes are proposed for a development, the developer shall submit to the City a plan showing the distribution of the styles, materials, and colors throughout the development.
               5.   All townhome designs shall comply with the standards in Subdivision 5.
            g.   Parking lot screening.
               1.   The light from automobile headlights and other sources shall be screened whenever it may be directed onto residential windows.
               2.   When required parking areas abut any Residential District, the edge (except for lots located in exception as described herein) nearest the lot line shall be completely screened to a height of at least 3 ½ feet above the parking grade. Such screening shall either be constructed of durable building materials designed in harmony with the principal structure or accomplished through use of earth mounds and/or landscape materials as approved.
               3.   When the design of the site is such that parking occurs in the front yard, a minimum of 10 feet landscaped area shall be provided between parking and building, in addition to the required setbacks.
            h.   Setbacks in townhouse developments. Buildings in townhouse developments shall be located at least 20 feet apart and 20 feet from the back of the curb of private roadways.
            i.   Recreational facilities. On site recreational facilities, such as swimming pools, tennis courts, play equipment, walking trails, gardens, and basketball courts, that are suitable for the projected population of the development shall be provided when the nearest public park is more than ½ mile or across a thoroughfare or arterial roadway from the development.
            j.   Roadway and driveway design. All private roadways in multi-family developments shall have a design speed of 25 miles per hour, and shall have a maximum grade of 7%. All private driveways for garages in townhouse developments shall have a maximum grade of 11%.
         (7)   Common areas. The following minimum requirements shall be observed in the RH District governing common areas:
            a.   Ownership. All common areas within an RH development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in 1 of the following manners:
               1.   Condominium ownership pursuant to M.S. § 515A.1-106, as may be amended from time to time.
               2.   Twinhome, 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 RM 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 1 individual property owner having interest within the development.

Subd. 8 Manufactured Housing District (RMH)

         (1)   Permitted uses. Within any RMH Manufactured Housing District, no structure or land shall be used except for the following purpose:
            a.   Manufactured homes.
         (2)   Permitted accessory uses. Within any RMH Manufactured Housing District, no structure or land shall be used as an accessory use except for those accessory uses permitted in an R-1 District.
         (3)   Conditional uses. Within any RMH Manufactured Housing District, no structure or land shall be used for the following uses except by conditional use permit:
            a.   Mobile home sales.
            b.   Towers as regulated in Subsection 1001.21.
         (4)   Interim uses. Within any RMH Manufactured Housing District, no structure or land shall be used for the following uses except by interim use permit:
            a.   Interim uses permitted in the R-1 District.
         (5)   Lot area, lot width and yard requirements.
Lot area (interior)
3,600 sq. ft.
Lot area (corner)
4,500 sq. ft.
Lot width (interior)
40 feet
Lot width (corner)
50 feet
Setback Principal Structure
   Front yard
15 feet
   Side yard
10 feet
   Side yard (street)
15 feet
   Rear yard
10 feet
 
 
Setback Parking
   Front yard
10 feet
   Side yard
5 feet
   Side yard (street)
10 feet
   Rear yard
5 feet
 
         (6)   Manufactured housing support and tie-down systems. The Minnesota Department of Administration Building Code Division Rules for Manufactured Housing Support and Tie-Down Systems, authorized by M.S. §§ 327.31 to 327.34, as may be amended from time to time, are hereby adopted by reference and made a part of this Code as if fully set forth herein. All manufactured housing erected or which changes ownership after the effective date of this Code shall be equipped with an anchoring and support system as defined and approved by state rules, and shall further be equipped with skirting to cover the undercarriage of the manufactured home. It shall be unlawful for anyone to own or occupy a manufactured home in violation of this Code. Owners and operators of manufactured home parks shall not allow any manufactured home to remain in a manufactured home park in violation of this Code.
         (7)   Performance standards for manufactured home parks.
            a.   The minimum street width within RMH Districts shall be 24 feet. Streets shall be surfaced with poured in place concrete or an approved alternative.
            b.   A buffer yard of not less than 30 feet in width shall be landscaped with appropriate grass, shrubbery and trees around the entire perimeter of the manufactured home park. This buffer yard shall be maintained by the owner of the manufactured home park.
            c.   All waste material, debris, refuse, garbage, fuel or materials not currently in use for construction shall be stored indoors, or totally screened from the eye-level view from public streets and adjacent properties.
            d.   All manufactured home parks shall have a storm shelter or evacuation plan approved by the City.
            e.   Parking:
               1.   Each manufactured home site shall have off-street parking space surfaced with concrete, bituminous or approved equivalent for 2 automobiles.
               2.   Each manufactured home park shall maintain a hard surfaced off-street parking lot for guests of occupants of at least 1 space for each 5 coach sites.
               3.   Access drives off roads to all parking spaces and manufactured home sites shall be surfaced with concrete, bituminous or approved equivalent according to specifications established by the City.
            f.   Utilities:
               1.   All manufactured homes shall be served by a public water and sanitary sewer system.
               2.   All utilities shall be underground. There shall be no overhead wires or supporting poles except for those essential for street or other lighting purposes.
               3.   Access shall be provided to allow the inspection of plumbing, electrical facilities and related mobile home equipment.
            g.   The park shall have a street lighting plan approved by the City.
            h.   All manufactured home parks shall have at least 10% of the land area developed for recreational use (tennis courts, children’s play equipment, swimming pool, golf green, and the like) developed and maintained at the owner/operator’s expense.
         (8)   Responsibilities of park management.
            a.   The person to whom the State Health Department issues a license for a manufactured home park shall operate the park in compliance with the Subsection and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
            b.   The park management shall notify park occupants of all applicant provisions of this Subsection and inform them of their duties and responsibilities under this Code and regulations issued hereunder.

Subd. 9 Agricultural Districts (A-1) and Special Agricultural District (SA)

         (1)   Intent. The A-1 and SA zones are intended for agricultural use in areas that are not served by public sewer and water. The SA zone is for long-term agriculture and enrollment in the State Agricultural Preserve Program. Owners of at least 40 acres of agricultural land or 10 acres of land, devoted to agricultural use and contiguous to at least 40 acres of special agricultural land, may petition the City to zone the property Special Agriculture. The City will review the Dayton Comprehensive Plan, sanitary sewer phasing, the suitability of the land and other factors to determine the suitability of rezoning actions to SA and A-1.
         (2)   Permitted uses. See Table 5.1 for a list of permitted uses.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional use. Also see Table 5.1 for a list of other permitted accessory uses.
            a.   Private garages and agricultural accessory buildings, in accordance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 roomers.
            c.   Private swimming pools and tennis courts.
         (4)   Conditional uses. See Table 5.1 for a listing of conditional/interim uses.
         (5)   District requirements.
A-1 & SA
A-1 & SA
Minimum lot size
40 acres
Minimum lot frontage
300 feet
Minimum corner lot front frontage
300 feet
Minimum lot width at setback
300 feet
Minimum lot depth
330 feet
Maximum impervious surface coverage
10%/lot
Setbacks
Dwelling
Front, side or rear to a street*
30 feet
   Side
10 feet
   Rear
20 feet
 
         (6)   Essential Services Agricultural District (A-1E). The maximum lot size of a single lot shall be 5 acres if zoned A-1E (Essential Services). The only use on a lot zoned A-1E shall be essential services. All other requirements of the A-1 zone shall apply.

Subd. 10 Special Homestead Agricultural District (A-2)

         (1)   Intent. A special homestead subdivision and rezoning to A-2 is permitted to subdivide a homestead existing prior to January 1, 2004 from the remainder of a nominally 40 acre or larger parcel (including road right-of-way) when meeting the requirements outlined in this chapter of the City Code. The intent is to allow subdivision of the homestead of a parcel from the remaining acreage while maintaining a density of 1 unit per 40 acres by creating a homestead parcel and a non-buildable outlot for the remainder of the nominally 40 acre or larger parcel. The homestead parcel will be required to result in not less than 2.5 acres in size, and the remaining acreage, which is non-buildable, would be required to result in not less than 20 acres in size and platted as an outlot. The A-2 zone is intended for agricultural use in areas that are not served by public sewer and water. The homestead parcel may be reduced to 1.0 acre in size if the property has access to municipal sewer and water services. The City will review the Dayton Comprehensive Plan, sanitary sewer phasing, the suitability of the land and other factors to determine the suitability of rezoning actions to A-2.
         (2)   Permitted uses. See Table 5.1 for a list of permitted uses.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional use. Also see Table 5.1 for a list of other permitted accessory uses.
            a.   Private garages and agricultural accessory buildings, in accordance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 roomers.
            c.   Private swimming pools and tennis courts.
         (4)   Conditional uses. See Table 5.1 for a listing of conditional/interim uses.
         (5)   General district requirements.
Homestead Parcel
Homestead Parcel (Sewer and Water)
Non-Buildable Outlot
Homestead Parcel
Homestead Parcel (Sewer and Water)
Non-Buildable Outlot
Minimum district size
The original parcel is required to be nominally 40 acres including right-of-way if any, prior to the homestead and non-buildable parcel lot split.
Minimum lot size
2.5 acres
1.0 acres
20 acres - required to be an outlot
Minimum lot frontage
300 feet
180 feet
300 feet
Minimum corner lot front frontage
300 feet
300 feet
300 feet
Minimum lot width at setback
300 feet
240 feet
300 feet
Minimum lot depth
330 feet
120 feet
330 feet
Maximum impervious surface coverage
30%/lot
30%/lot
Not applicable-no new buildings permitted
 
            a.   Additional requirements.
               1.   The original parcel is required to be equal to or greater than 40 acres including right-of-way if any, prior to the homestead and non-buildable parcel lot split. A non-buildable outlot is required to be created that is not less than 20 acres in size, and a homestead parcel is required to be created that is not less than 2.5 acres in size or 1.0 acre in size if the property has access to municipal sewer and water services.
               2.   If the homestead parcel created has been assessed for public sewer and water the homestead parcel must connect to public sewer and water.
               3.   Development restriction on non-buildable outlot. Remaining acreage outlot shall not be homestead nor permitted any building permit until the time as 1 of the following occurs:
                  (a)   The minimum lot size requirement of the zoning district is reduced to allow subdivision; or
                  (b)   City sewer and water is available and proper rezoning is completed.
               4.   Future road access requirement.
                  (a)   There shall be proof, submitted by the applicant and subject to the review and approval of the City, that there is sufficient space for at least 2 future 66 foot wide road right-of-way corridors, located in a manner to allow efficient access points for future subdivision of the non-buildable outlot and at least 250 feet apart, preferably further apart. Two access points shall not be required when environmental conditions, as determined by the City, prohibit 2 access points to a portion of the lot.
               5.   Required agreements/easements.
                  (a)   The applicant shall be required to enter into agreements and documents drafted by the City Attorney, including, but not limited to, restrictive covenants on the non-buildable outlot parcel, covenants on the homesteaded parcel, and an agreement with the City that binds current and future landowners. The above-mentioned agreements and documents shall include, but are not limited to, the following terms:
                     i.   No further subdivision shall be permitted of the homestead parcel and the non-buildable outlot until either:
                        1.   The minimum lot size requirement of the zoning district is reduced to allow subdivision; or
                        2.   City sewer and water is available and proper rezoning is completed.
                  (b)   The non-buildable outlot parcel shall be unbuildable and no building permits shall be issued until the conditions in item 5.(a) above are met.
               6.   Park dedication. The homestead parcel shall count as 1 dwelling unit, and park dedication and/or fees shall be due on the remaining acreage parcel if and when either approval for the construction of a principal dwelling is granted by the City on the non-buildable outlot, or approval for subdivision of the non-buildable outlot is granted by the City. No park dedication credit shall be given for the non-buildable outlot being a separate legal parcel.
               7.   Other requirements. All other A-2 zoning and City, state and federal rules and regulations shall be met.
               8.   Application processing.
                  (a)   Applicants shall submit a request for administrative approval of the lot split, in accordance with Subsection 1002.02, including the required application, fees and escrow.
                  (b)   If the land is to be conveyed by metes and bounds, applicants shall submit a request for a waiver allowing the conveyance in accordance with Subsection 1002.09, Subd. 3. Information shall be submitted detailing how the future road access requirement noted above will be met.
         (6)   Dwelling setbacks: A-2 Homestead Parcel only.   
 
Front, side or rear to a street*
30 feet
Side
10 feet
Rear
20 feet
* Minimum setback to an arterial street is 50 feet.
 
         (7)   Dwelling - maximum height. 35 feet.

Subd. 11 Historic Village Residential District (RO)

         (1)   Intent. The RO zone is intended for residential development and redevelopment within and immediately adjacent to the Historic Village Area (vicinity of the CSAH 13 and CSAH 12 intersection and the Crow and Mississippi River confluence). Development and redevelopment of the area should be based on the Historic Village Plan. The village area is anticipated to be a low-density neighborhood of predominantly single-family residences, low-density multi family residences and senior housing surrounding a main street style commercial core centered on Robinson Street. The RO zone is intended for areas that are served by public sewer and water.
         (2)   Permitted uses. See Table 5.1 for a list of permitted uses.
         (3)   Permitted accessory uses. Uses such as those listed below that are customarily incidental and clearly subordinate to the permitted or approved conditional use. See Table 5.1 for a list of other permitted accessory uses.
            a.   Private garages and accessory storage buildings in conformance with district requirements.
            b.   The renting of rooms in a single-family detached dwelling by a resident family for lodging purposes only and for the accommodation of not more than 2 roomers.
            c.   Private swimming pools and tennis courts.
         (4)   Conditional uses. See Table 5.1 for a listing of conditional/interim uses.
         (5)   District requirements.
Minimum district size
1 acre
Minimum lot size - detached single-family
9,000 sq. ft.
Minimum lot size - attached single-family and townhouse
6,000 sq. ft.
Minimum lot area - non-residential
4,500 sq. ft.
Minimum land area per multi-family unit
4,500 sq. ft.
Minimum lot frontage - detached single-family
60 feet
Minimum lot frontage - non-residential
40 feet
Minimum corner lot front frontage - detached single-family
80 feet
Minimum lot depth - detached single-family
120 feet
 
         (6)   Dwelling setbacks.
Front, side or rear to a street
30 feet
Side*
10 feet dwelling and 5 feet non-dwelling
Rear*
20 feet
Decks and attached open structures
Front, side or rear to a street
20 feet
Side
5 feet
Rear
10 feet
* May be reduced to 0 feet for attached single-family, townhomes and non-residential uses when approved as part of a final site and building plan or part of an approved planned development.
 
         (7)   Non-residential buildings.
 
Front (Robinson St.)
0-5 feet required build-to line for new construction
Side (other streets)
10 feet
Side
10 feet
 
         (8)   Sign regulations. Refer to Subsection 1001.20.
         (9)   Parking regulations.
            a.   For single-family and townhouses:
               1.   Two spaces shall be provided per dwelling unit in a garage or at a location where a garage can be constructed.
               2.   Two surface parking spaces shall be provided in a driveway location.
               3.   Additional guest parking areas may be required for townhouse development.
            b.   For multi-family and non-residential uses, parking shall be as specified in Subsection 1001.19.
         (10)   Special provisions and performance standards.
            a.   Refer to Subsection 1001.14.
            b.   All lots must front on a public street or be part of an approved planned development.
            c.   No more than 1 principal use shall be permitted on a platted lot or parcel of record.
            d.   All developed properties shall display the street address on at least 1 street frontage.
            e.   All dwellings must be connected to municipal water and sanitary sewer.
            f.   Attached town homes and multi-family development of 4 or more units in the RO zone must be:
               1.   Part of an approved final site plan and building plans or development plan;
               2.   Be part of a homeowners association; and
               3.   The association is responsible for all exterior maintenance and repair.
Subd. 12   Allowable Uses; Table 5.1
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Accessory buildings
A
A
A
A
Agriculture
P
P
P
N
Attached or interior accessory dwelling unit as regulated by Subsection 1001.36
A
A
A
N
Bed and breakfast
N
I
I
I
Boarding houses
N
I
I
I
Bus/transit station
N
C
C
C
Cemeteries
N
C
C
N
Commercial composting and landspreading
I
I
I
N
Commercial recreation
N
C
C
N
Day care 13 or fewer persons1
A
A
A
A
Day care 14 or more persons1
C
C
C
C
Detached accessory dwelling units as regulated by Subsection 1001.36
I
I
I
N
Essential services
P
P
P
P
Event center
I
I
N
N
Fences*
A
A
A
A
Feedlots and poultry facilities1
C
C
C
N
Golf courses/driving ranges
N
N
N
N
 
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Home occupation
A
A
A
A
Home extended business
I
I
I
I
Horse boarding and riding facilities
C
C
C
N
Junk yards
N
N
N
N
Kennels
C
C
C
N
Mining
C
C
C
N
Mobile home park
N
N
N
N
Multi-family attached residences
N
N
N
C
Nursery wholesale
C
C
C
N
Nursing homes
N
N
N
C
Park and public uses
P
P
P
P
Public utility stations
P
P
P
C
Religious institutions
N
C
C
C
Residential care facility serving 6 or fewer people1
A
A
A
A
Residential care facility serving 7 or more people2
N
N
N
N
Restaurants and liquor establishment (accessory)
N
N
N
N
Schools
N
N
N
C
Senior citizen housing
N
N
N
C
Single-family attached residences
N
N
N
C
Single-family detached residences
P
P
P
P
 
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Table 5.1
N-Not Permitted
Residential - Agricultural Use Classifications
P-Permitted
C-Conditional Permit
I-Interim Use Permit
A-Accessory
Zoning District
SA
A-1
A-2
RO
Towers - amateur radio
C
C
C
C
Two-family dwellings
N
N
N
C
Veterans Outpatient Treatment Facilities (on parcels at least 30 gross acres in size)
N
I
N
N
NOTE: Any use not listed above as a permitted, conditional use, or interim use is not permitted.
Must be licensed by the State of Minnesota.
When part of a PUD.
*   For fences see fence guidelines in Section 1001.24 Subd. 7.
(Ord. 2010-03, passed 7-13-2010; Am. Ord. 2010-21, passed 10-26-2010; Am. Ord. 2012-06, passed 4-24-2012; Am. Ord. 2013-01, passed 1-8-2013; Am. Ord. 2014-04, passed 3-25-2014; Am. Ord. 2014-17, passed 11-24-2014; Am. Ord. 2016-03, passed 1-12-2016; Am. Ord. 2018-05, passed 2-13-2018; Am. Ord. 2018-13, passed 4-10-2018; Am. Ord. 2019-11, passed 8-13-2019; Am. Ord. 2019-22, passed 12-10-2019; Am. Ord. 2021-12, passed 7-13-2021; Am. Ord. 2022-06, passed 6-28-2022; Am. Ord. 2023-05, passed 7-25-2023)