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Elko New Market City Zoning Code

CHAPTER 25

RESIDENTIAL DISTRICTS

11-25A-1: PURPOSE:

The purpose of the R-1 Suburban Single-Family Residential District is to provide for low density detached single-family uses in developed and developing areas of the community that are predominantly residential in character. The R-1 Zoning District is intended for those areas containing unique physical features worthy of preservation, or those areas not located near major transportation corridors, higher density housing, Commercial Zoning Districts, or historic residential development centers. (Ord. 181, 12-20-2018)

11-25A-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in the R-1 District:
   Parks, play fields, recreational uses and directly related buildings and structures.
   Residential programs as regulated by State Statute.
   Single-family detached dwellings. (Ord. 166, 2-22-2018)

11-25A-3: PERMITTED ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the R-1 District:
   Accessory dwelling units as regulated by section 11-5-20 of this title.
   Accessory structures as regulated by chapter 6 of this title.
   Daycare facilities (in home) as regulated by State Statute.
   Gardening and other horticultural uses where no sale of products is conducted on the premises.
   Ground source heat pump systems as regulated by chapter 14 of this title.
   Keeping of backyard chickens as regulated by section 6-4-5-1 of this Code.
   Keeping of domestic animals for noncommercial purposes.
   Off street parking as regulated by chapter 9 of this title.
   Permitted home occupations as regulated by section 11-5-17 of this title.
   Private recreational vehicles and equipment as regulated by section 11-8-2 of this title.
   Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.
   Secondary or accessory use antennas as regulated by chapter 13 of this title.
   Solar energy systems as regulated by chapter 14 of this title.
   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 130, 4-28-2016, eff. 6-1-2016; Ord. 222, 1-14-2021; Ord. 330, 7-10-2025)

11-25A-4: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in the R-1 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
   Cemeteries.
   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts; provided, that the applicable provisions of section 11-4-5 of this title are determined to be satisfied.
   Golf courses including clubhouses containing the following accessory uses: restaurants/bars, pro shops, meeting rooms and locker rooms.
   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 13 of this title.
   Stands for agricultural products produced on the premises by owner. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 222, 1-14-2021; Ord. 244, 3-10-2022; Ord. 330, 7-10-2025)

11-25A-5: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the R-1 District and are governed by the procedures set forth in section 11-3-3 of this title:
   Driving ranges as a principal use.
   Interim home occupations as regulated by section 11-5-17 of this title.
   Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the uses will be in compliance with the provisions hereof or other applicable provisions of this Code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

11-25A-6: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in an R-1 District based upon procedures set forth in section 11-3-4 of this title:
   Amateur radio antennas as regulated by chapter 13 of this title.
   Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.
   Model homes as regulated by section 11-5-10 of this title.
   Personal wireless service antennas located upon a structure as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25A-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an R-1 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area:
      1.   Lot area (interior): Twelve thousand (12,000) square feet.
      2.   Lot area (corner): Twelve thousand five hundred (12,500) square feet.
   B.   Lot Width:
      1.   Lot width (interior): Eighty five feet (85').
      2.   Lot width (corner): One hundred feet (100').
   C.   Setbacks:
      1.   Front yard: Thirty feet (30').
      2.   Side yards:
         a.   Interior: Ten feet (10').
         b.   Corner: Twenty five feet (25').
      3.   Rear yard: Thirty feet (30'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25A-8: BUILDING HEIGHT:

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25B-1: PURPOSE:

The purpose of the R-2 Urban (Small Lot) Single-Family Residential District is to provide for single-family dwelling units at a relatively dense urban scale in areas of the community that are located near major transportation corridors, higher density housing, Commercial Zoning Districts, or historic residential development centers. (Ord. 181, 12-20-2018)

11-25B-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in an R-2 District:
   Parks, play fields, recreational uses, and directly related buildings and structures.
   Residential programs as regulated by State Statute.
   Single-family detached dwellings. (Ord. 166, 2-22-2018)

11-25B-3: PERMITTED ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the R-2 District:
   Accessory dwelling units as regulated by section 11-5-20 of this title.
   Accessory structures as regulated by chapter 6 of this title.
   Daycare facilities (in home) as regulated by State Statute.
   Gardening and other horticultural uses where no sale of products is conducted on the premises.
   Ground source heat pump systems as regulated by chapter 14 of this title.
   Keeping of backyard chickens as regulated by section 6-4-5-1 of this Code.
   Keeping of domestic animals for noncommercial purposes.
   Off street parking as regulated by chapter 9 of this title.
   Permitted home occupations as regulated by section 11-5-17 of this title.
   Private recreational vehicles and equipment as regulated by section 11-8-2 of this title.
   Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.
   Secondary or accessory use antennas as regulated by chapter 13 of this title.
   Solar energy systems as regulated by chapter 14 of this title.
   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 130, 4-28-2016, eff. 6-1-2016; Ord. 222, 1-14-2021; Ord. 330, 7-10-2025)

11-25B-4: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in the R-2 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
   Cemeteries.
   Commercial outdoor recreation.
   Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.
   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 222, 1-14-2021; Ord. 244, 3-10-2022; Ord. 330, 7-10-2025)

11-25B-5: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the R-2 District and are governed by the procedures set forth in section 11-3-3 of this title:
Interim home occupations as regulated by section 11-5-17 of this title.
Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the use will be in compliance with the provisions hereof or other applicable provisions of this Code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25B-6: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in an R-2 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.
Model homes as regulated by section 11-5-10 of this title.
Personal wireless service antennas located upon a structure as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25B-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an R-2 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot area: Eight thousand four hundred (8,400) square feet.
   B.   Lot width: Seventy feet (70').
   C.   Setbacks:
      1.   Front yard: Thirty feet (30').
      2.   Side yard:
         a.   Interior: Seven feet (7').
         b.   Corner: Twenty five feet (25').
      3.   Rear yard: Thirty feet (30'). (Ord. 181, 12-20-2018)

11-25B-8: BUILDING HEIGHT:

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)
EL836   11-25C.txt

11-25C-1: PURPOSE:

The purpose of the R-3 Medium Density Residential District is to establish low to moderate density residential housing in single or multiple-family structures that satisfies the following planning objectives:
   A.   Create a cohesive medium density neighborhood that provides attractive living environments and contributes to the City's identity.
   B.   Provide attractive and durable medium density housing options as a means of addressing the City's life cycle housing needs.
   C.   Preserve natural land forms, open spaces, greenways for scenic enjoyment and recreational use through the regulation of medium density residential land use.
   D.   Allow for the subdivision of twinhome, quadraminium and townhome base lots to permit individual private ownership of a single dwelling within such a structure.
   E.   Comply with the provisions of this chapter, other applicable provisions of this title, and the City subdivision ordinance. (Ord. 181, 12-20-2018)

11-25C-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in the R-3 District:
   Apartments, up to eight (8) attached units.
   Residential programs as regulated by State Statute.
   Single family dwelling units.
   Townhouses and condominiums, up to eight (8) attached units.
   Two family dwelling units. (Ord. 181, 12-20-2018)

11-25C-3: PERMITTED ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the R-3 District:
   Accessory dwelling units as regulated by section 11-5-20 of this title.
   Accessory structures as regulated by chapter 6 of this title.
   Boarding or renting of rooms to not more than two (2) individuals per dwelling unit.
   Daycare facilities (in home) as regulated by State Statute.
   Gardening and other horticultural uses where no sale of products is conducted on the premises.
   Ground source heat pump systems as regulated by chapter 14 of this title.
   Keeping of domestic animals for noncommercial purposes.
   Off street parking as regulated by chapter 9 of this title.
   Permitted home occupations as regulated by section 11-5-17 of this title.
   Play and recreational facilities, accessory to an existing permitted use.
   Private recreational vehicles and equipment as regulated by section 11-8-2 of this title.
   Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.
   Secondary or accessory use antennas as regulated by chapter 13 of this title.
   Solar energy systems as regulated by chapter 14 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 222, 1-14-2021; Ord. 330, 7-10-2025)

11-25C-4: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in the R-3 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
   Commercial outdoor recreation.
   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts; provided, that the applicable provisions of section 11-4-5 of this title are determined to be satisfied.
   Manufactured home parks.
   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 222, 1-14-2021; Ord. 244, 3-10-2022; Ord. 330, 7-10-2025)

11-25C-5: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in an R-3 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Interim home occupations as regulated by section 11-5-17 of this title.
Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the use will be in compliance with the provisions hereof or other applicable provisions of this Code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25C-6: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in an R-3 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.
Model homes as regulated by section 11-5-10 of this title.
Personal wireless service antennas located upon a structure as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25C-7: 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 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:
      1.   By a condominium association pursuant to Minnesota Statutes section 515A.1-106, as may be amended.
      2.   By the owner of each townhome 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 quadraminium, threeplex and fourplex multiple-family and townhome developments within the R-3 District, subject to review and approval of the City Attorney. The association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development. (Ord. 181, 12-20-2018)

11-25C-8: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an R-3 District subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area:
      1.   Single-family dwellings:
         a.   Minimum lot area per dwelling unit: Seven thousand two hundred (7,200) square feet.
         b.   Minimum unit lot area: Sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit.
      2.   Two-family dwellings:
         a.   Minimum lot area per dwelling unit: Six thousand (6,000) square feet.
         b.   Minimum unit lot area: Sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit.
      3.   Structures with more than two (2) dwelling units:
         a.   Minimum lot area per dwelling unit: Three thousand five hundred (3,500) square feet.
         b.   Minimum base lot area: Fifteen thousand (15,000) square feet.
         c.   Minimum unit lot area: Sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit.
   B.   Lot Width:
      1.   Single-family dwelling units: Sixty feet (60') for single family dwelling units.
      2.   Two-family dwellings: One hundred feet (100').
      3.   Structures with more than two (2) dwelling units: One hundred feet (100').
      4.   Unit lot: Minimum of twenty five feet (25') in width and of sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit.
   C.   Setbacks:
      1.   Single-family dwellings:
         a.   Front: Twenty five feet (25') from public right-of-way. Twenty five feet (25') from back of curb line of private drives.
         b.   Side: Seven feet (7'). Twenty five feet (25') from side/corner.
         c.   Rear: Twenty feet (20').
         d.   Rear yard abutting street: Twenty five feet (25').
         e.   Major collector or arterial street: Forty five feet (45').
         f.   Wetland: Forty feet (40') from delineated edge.
      2.   Two-family dwellings:
         a.   Front: Twenty five feet (25') from public right-of-way. Twenty five feet (25') from back of curb line of private drives.
         b.   Side: Seven feet (7'). Twenty five feet (25') from side/corner.
         c.   Rear: Twenty feet (20').
         d.   Rear yard abutting street: Twenty five feet (25').
         e.   Major collector or arterial street: Forty five feet (45').
         f.   Wetland: Forty feet (40') from delineated edge.
         g.   Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20').
      3.   Structures with more than two (2) dwelling units:
         a.   Front: Twenty five feet (25') from public right-of-way. Twenty five feet (25') from back of curb line of private drives. Fifteen feet (15') from private parking areas.
         b.   Side: Ten feet (10'). Twenty five feet (25') from side/corner.
         c.   Rear: Twenty feet (20').
         d.   Rear yard abutting street: Twenty five feet (25').
         e.   Major collector or arterial street: Forty five feet (45').
         f.   Wetland: Forty feet (40') from delineated edge.
         g.   Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 181, 12-20-2018)

11-25C-9: BUILDING HEIGHT:

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25D-1: PURPOSE:

The purpose of the R-4 High Density Residential District is to create, preserve and enhance areas for multi-family use at higher densities for both permanent and transient families. The district shall be applied in areas served by public utilities, with good accessibility to thoroughfares, public community centers, libraries, shopping, and where such development is consistent with the Comprehensive Plan and planning policies. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25D-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in the R-4 District:
Apartments containing more than eight (8) attached units.
Parks, play fields, recreational uses and directly related buildings and structures.
Residential programs as regulated by State Statute.
Townhouses and condominiums containing more than eight (8) attached units. (Ord. 181, 12-20-2018)

11-25D-3: PERMITTED ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the R-4 District:
Accessory structures as regulated by chapter 6 of this title.
Boarding or renting of rooms to not more than two (2) individuals per dwelling unit.
Daycare facilities (in home) as regulated by State Statute.
Ground source heat pump systems as regulated by chapter 14 of this title.
Keeping of animals subject to title 6, chapter 4 of this Code or as may be amended.
Off street parking as regulated by chapter 9 of this title.
Permitted home occupations as regulated by section 11-5-17 of this title.
Play and recreational facilities accessory to an existing permitted use.
Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.
Secondary or accessory use antennas as regulated by chapter 13 of this title.
Solar energy systems as regulated by chapter 14 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011)

11-25D-4: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in an R-4 District and require a conditional use permit based upon procedures set forth in and regulated by section 11-3-2 of this title:
Commercial outdoor recreation.
Daycare facilities as regulated by section 11-5-14 of this title.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts; provided, that the applicable provisions of section 11-4-5 of this title are determined to be satisfied.
Manufactured home parks.
Personal wireless service antennas not located on a public structure, or existing tower; provided, that the applicable provisions of chapter 13 of this title are determined to be satisfied.
Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)

11-25D-5: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in an R-4 District and require an interim use permit based upon procedures set forth in section 11-3-3 of this title:
Interim home occupations as regulated by section 11-5-17 of this title.
Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the use will be in compliance with the provisions hereof or other applicable provisions of this Code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25D-6: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in an R-4 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.
Model homes as regulated by section 11-5-10 of this title.
Personal wireless service antennas located upon a structure as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25D-7: COMMON AREAS:

The following minimum requirements shall be observed in the R-4 District governing common areas:
   A.   Ownership: All common areas within an R-4 development including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:
      1.   Condominium ownership pursuant to Minnesota Statutes section 515A.1-106, as may be amended from time to time.
      2.   Townhome subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.
   B.   Homeowners' Association: A homeowners' association shall be established for all townhome developments within the R-4 District, subject to review and approval of the City Attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development. (Ord. 181, 12-20-2018)

11-25D-8: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an R-4 District subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area:
      1.   Minimum base lot area: Fifteen thousand (15,000) square feet.
      2.   Minimum unit lot area: Sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit.
   B.   Lot Width:
      1.   Base lot: One hundred feet (100').
      2.   Unit lot: Minimum of twenty five feet (25') in width and of sufficient area to include the living area, garages, decks, patios, or porches of the individual dwelling unit. (Ord. 181, 12-20-2018)
   C.   Setbacks:
      1.   Front: Thirty feet (30') from public right-of-way. Twenty five feet (25') from back of curb line of private drives. Fifteen feet (15') from private parking areas. (Ord. 196, 8-8-2019)
      2.   Side: Thirty feet (30'). Thirty feet (30') from side/corner.
      3.   Rear: Thirty feet (30').
      4.   Rear yard abutting street: Thirty feet (30').
      5.   Major collector or arterial street: Fifty feet (50').
      6.   Wetland: Forty feet (40') from delineated edge.
      7.   Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 181, 12-20-2018)

11-25D-9: BUILDING HEIGHT:

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-25E-1: PURPOSE:

The purpose of the R-5 Downtown Residential District is to provide high density residential housing and integrated commercial space in the downtown area of the City, as directed by the City Downtown Master Plan. A compatible mix of land uses shall be achieved through the mitigation of land use conflicts between differing uses. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

11-25E-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in the R-5 District:
More than one principal building on a base lot.
Multiple-family dwelling structures containing six (6) or more dwelling units.
Residential programs as regulated by State Statute. (Ord. 166, 2-22-2018; amd. Ord. 244, 3-10-2022)

11-25E-3: PERMITTED ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in an R-5 District:
Accessory or secondary use antennas.
Accessory structures.
Daycare facilities (in home).
Ground source heat pump systems.
Home occupations.
Keeping of animals.
Off street parking and off street loading.
Play equipment accessory to a permitted use.
Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof.
Signs.
Solar energy systems. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)

11-25E-4: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in the R-5 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Accessory outdoor dining/seating.
Accessory outdoor sales and display.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts.
Mixing of residential and business uses within one principal building.
Personal wireless service antennas not located on a public structure, or existing tower.
Satellite TVROs greater than one meter (1 m) in diameter. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 80, 11-17-2011; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)

11-25E-5: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in an R-5 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

11-25E-6: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in an R-5 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

11-25E-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an R-5 district, subject to additional requirements, exceptions, and modifications set forth in this title:
   A.   Minimum lot area: None.
   B.   Minimum lot width: None.
   C.   Setbacks:
      1.   From streets:
         a.   Collector or arterial streets: Ten feet (10').
         b.   Local streets: None; except, that not less than eighty percent (80%) of lot frontage shall be built out to the property line.
      2.   Side yard: None.
      3.   Rear yard: None.
      4.   Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

11-25E-8: BUILDING HEIGHT:

Structures shall not exceed forty five feet (45') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)