(a)

Purpose.

(1)

Generally. The R-1 residential districts are established to accomplish the general purposes of this article and for the following specific purposes:

a.

Preserve living qualities of residential neighborhoods.

b.

Ensure future high quality amenities, including, but not limited to, the provision of adequate light, air, privacy, and convenience of access to property.

c.

Increase convenience and comfort by providing usable open space and recreation space on or near the housing units they serve.

d.

Prevent additions or alterations of structures which would damage the character or desirability of existing residential areas.

e.

Protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic.

f.

Encourage a variety and range of dwelling types and a wide range of population densities with emphasis on home ownership.

(2)

R-1a district. The rural residential district is intended to allow for a rural lifestyle by permitting low density residential development in areas that are marginal or non-feasible for agriculture. The R-1A district is intended to be primarily a residential district, but may also accommodate agriculture-related and accessory uses. This is the general area of the city which is not primarily suited to farming due to soil conditions, slope, tree cover, and other physical features better suited for non-farm housing and related accessory uses.

(3)

R-1b district. This district is intended to provide land for attractive and diverse low density single-family residential development, and to primarily contain detached low density single-family residential developments and low density planned unit development. Subdivisions utilizing on-site sewage disposal systems and private water wells cannot exceed one single-family residence per gross acre. Construction of on-site sewage disposal systems shall not be permitted on adjoining lots. Streets and other improvements may be temporary in nature as approved by the city council.

(4)

R-1c district. This district is intended to provide single-family residences in areas with full municipal public sanitary sewers, storm sewers, and municipal water in areas that are a continuation of existing residential development patterns and the infilling of existing lots in established areas.

(5)

R-1d district. This district is intended to provide single-family residential districts with larger lots and higher quality housing types in areas with full municipal public sewers, storm sewers, and municipal water in areas that possess significant natural features, including vegetation, wetlands, and topographic features. This district is intended to encourage the design of subdivisions that protect natural features while providing high quality housing sites.

(b)

Permitted uses. Permitted uses in the R-1 districts are as follows:

(1)

Agricultural uses (only in the R-1a district on parcels five acres or larger).

(2)

Bed and breakfast establishments, homeowner-occupied.

(3)

Farm wineries (only in the R-1a district on parcels five acres or larger).

(4)

Open space preservation (as permitted in section 30-511 et seq.).

(5)

Public parks.

(6)

Residential, single family.

(7)

Residential facilities (one to six persons).

(8)

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(c)

Accessory uses. Accessory uses in the R-1 districts are as follows:

(1)

Accessory dwelling units.

(2)

Agricultural buildings.

(3)

Kennels, private. (On parcels five buildable acres or greater).

(4)

Parking lots.

(5)

Private recreation facilities.

(6)

Residential occupations.

(7)

Structures, accessory.

(8)

Towers (less than 60 feet in height).

(9)

Tractor trailer parking (only in the R-1A district on parcels five acres or larger).

(10)

Trailer, temporary.

(11)

Signs (as permitted in section 30-851 et seq.).

(d)

Conditional uses. Conditional uses in the R-1 districts are as follows:

(1)

Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels five acres or larger and in the R-1A district on parcels less than five acres).

(2)

Bed and breakfast establishments, non-homeowner-occupied.

(3)

Cemeteries (minimum lot size four acres).

(4)

Commercial recreation facilities. (On properties adjacent to arterial or collector streets when associated with an approved educational institution.)

(5)

Cooperative gardening.

(6)

Day care, (in religious institutions).

(7)

Educational institutions.

(8)

Farm wineries (only in the R-1a zoning district when on-site sales are included and/or on parcels less than five acres).

(9)

Feedlots (only in the R-1a district on parcels five acres or larger).

(10)

Golf courses and country clubs.

(11)

Government facilities.

(12)

Horticultural uses.

(13)

Kennels, commercial (in the R-1a district).

(14)

Kennels, private (on parcels less than five buildable acres or on parcels located in cluster subdivisions).

(15)

Mobile homes, temporary.

(16)

Religious institutions.

(17)

Stables, private.

(18)

Tractor trailer parking (only in the R-1a district on parcels less than five acres in size).

(19)

Wayside stands.

(Code 1982, § 900.12(5); Ord. No. 99-32, § 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-05, § 2, 4-16-2001; Ord. No. 03-16, § 1, 10-20-2003; Ord. No. 04-13, § 2, 8-27-2004; Ord. No. 05-04, § 1, 3-21-2005; Ord. No. 05-05, § 2, 3-21-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 08-13, §§ 2, 3, 10-20-2008; Ord. No. 15-03, § 2, 1-20-2015; Ord. No. 15-26, § 1, 8-17-2015; Ord. No. 15-30, § 1, 9-21-2015; Ord. No. 19-15, § 4, 8-19-2019; Ord. No. 23-24, § 4, 11-20-2023)

(a)

Purpose. The R-2a district is intended to create low density housing areas as a transition between single-family housing and higher density residential housing.

(b)

Permitted uses. Permitted uses in the R-2a district are as follows:

(1)

Public parks.

(2)

Residential, multiple family (two units max).

(3)

Residential, single family.

(4)

Residential facilities (one to six persons).

(5)

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(c)

Accessory uses. Accessory uses in the R-2a district are as follows:

(1)

Parking lots.

(2)

Private recreational facilities.

(3)

Residential occupations.

(4)

Signs (as permitted in section 30-851 et seq.).]

(5)

Structures, accessory.

(d)

Conditional uses. Conditional uses in the R-2A district are as follows:

(1)

Day care (in religious institutions).

(2)

Educational institutions.

(3)

Governmental facilities.

(4)

Religious institutions.

(5)

Zero lot line developments.

(Code 1982, § 900.12(6); Ord. No. 04-13, § 3, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 5, 8-19-2019; Ord. No. 23-24, § 5, 11-20-2023)

(a)

Purpose. The R-2b district is intended to:

(1)

Create low density multiple dwelling areas with a broad range of housing types;

(2)

Preserve and enhance transitional residential areas between lower and higher densities in areas served by public utilities; and

(3)

Enhance transitional areas between low density housing and other nonresidential land uses. The district must be served by public sanitary sewers, storm sewers, and municipal water.

(b)

Permitted uses. Permitted uses in the R-2b district are as follows:

(1)

Public parks.

(2)

Residential, multiple family (four units max).

(3)

Residential, single family.

(4)

Residential facilities (one to six persons).

(5)

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(c)

Accessory uses. Accessory uses in the R-2b district are as follows:

(1)

Parking lots.

(2)

Private recreational facilities.

(3)

Residential occupations.

(4)

Signs (as permitted in section 30-851 et seq.).

(5)

Structures, accessory.

(d)

Conditional uses. Conditional uses in the R-2b district are as follows:

(1)

Day care (in religious institutions).

(2)

Educational institutions.

(3)

Governmental facilities.

(4)

Religious institutions.

(5)

Zero lot line developments.

(Code 1982, § 900.12(7); Ord. No. 04-13, § 4, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 6, 8-19-2019; Ord. No. 23-24, § 6, 11-20-2023)

(a)

Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of housing types, including single-family detached, duplex and townhouse dwellings, at low to moderate residential densities (approximately 11 units per acre or less). This district is also intended to function as a transition between the less intense single-family district and the more intense multifamily districts. Certain other structures and uses necessary to serve governmental, educational, religious, recreational, and other needs of neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and protect the residential character of the district.

(b)

Permitted uses. Permitted uses in the R-3 district are as follows:

(1)

Public parks.

(2)

Residential, single family.

(3)

Residential facilities (one to six persons).

(4)

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(5)

Townhouse, attached.

(c)

Accessory uses. Accessory uses in the R-3 district are as follows:

(1)

Home occupations, permitted.

(2)

Private recreational facilities.

(3)

Residential occupations.

(4)

Signs (as permitted in section 30-851 et seq.).

(5)

Structures, accessory.

(d)

Conditional uses. Conditional uses in the R-3 district are as follows:

(1)

Cemeteries (minimum lot size four acres).

(2)

Daycare, licensed (for 13 or more children).

(3)

Educational institutions.

(4)

Government facilities.

(5)

Religious institutions.

(6)

Residential facilities (seven to 16 persons).

(e)

Density and open space. Development standards for density and open space are as follows:

(1)

Density. The maximum development density within the R-3 district shall be eight units per acre of net buildable area of the subdivision. Net buildable area shall be the total area less public street rights-of-way, wetlands, major drainageways as defined by the comprehensive storm water management plan, water bodies and slopes steeper than three to one (3:1) slope ratio.

(2)

Open space requirements. In instances where land is not given to meet the park dedication requirements as required by section 30-327, then an area of useable open space for recreation purposes shall be designed into the project. Such area shall be a minimum of 12,000 square feet or five percent of the not buildable area, whichever is greater, and shall be privately owned. The open space shall be of a quality that would allow it to be used for active recreational purposes.

(f)

Building design and construction standards. The building design and construction standards are as follows:

(1)

Unit width. The minimum width of a dwelling unit within the R-3 district shall be:

a.

For single-family detached townhomes or end units on buildings containing more than four units, 28 feet.

b.

For internal dwelling units located in buildings containing more than four units, 24 feet.

(2)

Unit construction.

a.

Building elevations and floor plans shall be furnished with subdivision requests, illustrating exterior building material and colors to demonstrate compliance with this section. Building floor plans shall identify the interior storage space within each unit.

b.

Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. There shall be no more than two continuous townhouse dwelling units without a break in the horizontal and/or vertical elevations of at least 32 inches.

c.

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, patios, or porches.

d.

In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for all residential structures. All other soffits, on residential structures, are to have a minimum 16-inch overhang.

e.

The exterior of 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. The preferred materials are brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, townhome dwelling structures shall comply with the following requirements:

1.

A minimum of 25 percent 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.

2.

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

3.

Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60 percent of all building facades of one type of exterior finish. Deck railings may be included as a change of material on the facade of a building.

4.

For the purpose of this section, the area of the building facade shall not include area devoted to window, entrance doors, garage doors, or roof areas.

(3)

Garages.

a.

Each dwelling unit shall include an attached garage.

b.

Garages shall comply with the following minimum size standards:

1.

For single-family detached townhomes or end units in buildings containing more than four units, both with basements: 484 square feet.

2.

For single-family detached townhomes or end units in buildings containing more than four units, both without basements: 584 square feet.

3.

For internal units located in buildings containing more than four units, with or without basements: 364 square feet.

4.

Garages shall be a minimum of 22 feet in width, except garages attached to internal units located in buildings containing more than four units, may be a minimum of 14 feet in width.

(4)

Outside storage. Outside storage shall be allowed only in designated areas that are screened and under the ownership of the property owners' association, subject to other applicable provisions of this chapter.

(g)

Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation standards are as follows:

(1)

Resident parking. Resident parking shall be provided at one space per bedroom. Resident parking may occur in the garage or in the driveway of individual units.

(2)

Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-street parking lot or private drive. The design of the off-street parking lot shall conform to the parking requirements of this Code.

(3)

Streets. All streets shall be public and shall comply with the design standards and specifications as governed by article V of this chapter, pertaining to subdivision regulations, except that the required right-of-way may be reduced to 50 feet and the required street width reduced to 28 feet face to face with parking limited to one side.

(4)

Drives.

a.

Dead-end private driveways shall serve a maximum of two structures or six units per side.

b.

Private drives shall be under the ownership and control of the property owners' association, which shall be responsible for the maintenance, repair, and replacement of surfacing. The association shall maintain a capital improvement program for the driveways under its ownership.

c.

Adequate length shall be added to the terminus of all dead end private drives for the purposes of backing up and turning of vehicles from individual driveways. Such areas shall not be used for parking.

d.

Private drives must include plans and areas for snow storage or provide provisions in the homeowners' association documents for snow removal.

e.

Private drives shall be a minimum of 24 feet in width, back of curb to back of curb, and shall not allow parking on either side unless they are a minimum 28 feet in width, in which case parking may be allowed on one side.

(5)

Sidewalks. A six-foot sidewalk shall be provided on one side of the public street.

(h)

Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to this section. The landscaping and screening shall address the following:

(1)

All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials. The landscape plan shall include detailed foundation plantings for areas adjacent to buildings, walks, etc. In addition to the trees required by section 30-415, the following is required: a minimum of five shrubs for each dwelling unit.

(2)

Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure.

(3)

Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard landscaping shall include berming and the use of coniferous trees.

(4)

Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or a combination thereof.

(5)

All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of black dirt that is tilled into the native soil. The areas to be sodded shall be fine graded and rocks, trash, or other debris shall be removed.

(6)

Screening of designated outdoor storage areas.

(7)

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

(8)

Effective and safe levels of lighting which aid night surveillance and residents' sense of security shall be provided. Such lighting may be provided by streetlights or dwelling unit lights which are controlled by timers or sensors.

(i)

Transition requirements. Any R-3 zoned property abutting existing, developed single-family or duplex homes shall have a minimum of one tier of single-family dwellings or duplex homes bordering such a development. Exemptions to the provisions of this subsection may be granted, provided one or more of the following conditions exist:

(1)

The properties are separated by a major collector or arterial street.

(2)

The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of 100 feet across its entire length.

(j)

Utilities.

(1)

All utilities serving an R-3 subdivision, including telephone, electricity, gas, and tele-cable shall be installed underground.

(2)

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 one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the homeowners' association. Where individual units are served individually, all maintenance and cleaning shall be the responsibility of the homeowner.

(5)

Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be screened. Unit utility connections in the front of units shall be screened by a structure that is integrally designed as part of the unit.

(k)

Common areas. The following minimum requirements shall be observed in the R-3 district governing common areas:

(1)

Ownership. All common areas within an R-3 development, including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:

a.

Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2 (Minn. Stats. § 515A.201 et seq.)

b.

Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B.

(2)

Homeowners association. A homeowners' association shall be established for all developments within the R-3 district which have areas under common ownership, 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.

(Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord. No. 04-13, § 5, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014; Ord. No. 19-15, § 7, 8-19-2019; Ord. No. 23-24, § 7, 11-20-2023)

State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.

(a)

Purpose. The R-4 district is intended to create, preserve, and enhance areas for multifamily use of higher densities in areas served by public sanitary sewers, storm sewers, and municipal water, with good accessibility to thoroughfares, public community centers, libraries, shopping centers and employment centers, and where such development fits the growth management plan.

(b)

Permitted uses. Permitted uses in the R-4 district are as follows:

(1)

Public parks.

(2)

Residential, apartment.

(3)

Residential, multiple family.

(4)

Residential, single family.

(5)

Residential facilities (one to six persons).

(6)

State-licensed residential facilities or housing with services establishments registered under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or fewer persons and group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be a permitted use.

(7)

Townhouse, attached. section 30-994 subsections (e)—(k) shall apply.

(c)

Accessory uses. Accessory uses in the R-4 district are as follows:

(1)

Private recreational facilities.

(2)

Signs (as permitted in section 30-851 et seq.).

(3)

Structures, accessory.

(d)

Conditional uses. Conditional uses in the R-4 district are as follows:

(1)

Boardinghouses.

(2)

Day cares (for 13 or more children).

(3)

Educational institutions.

(4)

Governmental facilities.

(5)

Manufactured home parks (as defined in Minn. Stats. § 327.14, subd. 3.).

(6)

Religious institutions.

(7)

Residential facilities (7-16 persons).

(8)

Zero lot line development.

(Code 1982, § 900.12(9); Ord. No. 04-13, § 6, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 8, 8-19-2019; Ord. No. 20-03, § 2, 3-16-2020)

Principal structures shall comply with the following dimensional regulations:

¹ Four lots per 40-acre maximum, with 2½-acre minimum and one curb cut.

² Side and rear setbacks are increased to 30 feet where the lot abuts a single-family residential zone.

³ Multifamily lot size may be reduced by 400 square feet for every tuck-under or underground garage.

⁴ Development standards for triplex, quadraminimum, townhome, or condominium dwellings are as follows:

(1)  Lot area: 20,000 square feet for triplex or quadraminium dwellings.

Townhome or condominium unit lots shall have sufficient area to include within the individual lot the living areas (including bay or bow windows), a garage, decks, patios, or porches of the individual dwelling units.

(2)  Lot Width: Base lot width: 100 feet for triplex or quadraminium dwellings.

Townhome or condominium unit: 28 feet for end dwellings; 24 feet for internal dwellings located in buildings containing more than four units.

(3)  Setbacks, yard:

30 feet at the perihery of the development parcel for yards bordering major collector or arterial streets, an additional 20 feet of setback is required to provide a landscaped buffer yard.

(4)  Setbacks, building.

Setbacks between buildings shall be 25 feet or one-half the sum of the building heights of the two adjoining buildings, whichever is greater.

Buildings shall be set back a minimum of 30 feet from the back of the curbline of private drives, guest parking areas and public rights-of-way.

(Code 1982, § 900.18(1); Ord. No. 07-03, § 1, 4-16-2007)

Accessory structures shall comply with the following dimensional regulations:

¹ A maximum of one story is permitted.

² Agricultural building shall be set back 30 feet from any property line and 50 feet from any road right-of-way.

³ Swimming pools shall be setback a minimum of eight feet from the side yard and rear yard lot lines and must comply with the required front yard setback as per this subdivision II. Swimming pools must comply with the fencing requirements found in section 30-796.

(Code 1982, § 900.18(2); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 04-15, § 2, 10-18-2004; Ord. No. 14-11, § 2, 10-20-2014; Ord. No. 15-09, § 1, 3-16-2015; Ord. No. 15-31, § 2, 9-21-2015)