Forest Lake City Zoning Code
GENERAL DEVELOPMENT
REGULATIONS
§ 153.100 APPLICABILITY.
General development regulations apply to all lots or uses and must be met in addition to other specific regulations that apply to the individual lot or use.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.101 INDIVIDUAL SEWAGE TREATMENT SYSTEMS.
All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on-site sewage treatment system can be installed in accordance with Washington County Subsurface Sewage Treatment System regulations.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.102 SLOPING OR ERODIBLE BUILDING SITES.
A structure constructed on-sites with slopes of greater than 3:1 or 33%, or on easily erodible soils as defined on the community soils maps and compiled by the Washington County Soil and Water Conservation District shall be approved by the City Engineer and the Building Official.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.103 REQUIRED YARDS AND OPEN SPACES.
(A) Minimum standards. No yard or other open space shall be reduced in area or dimension so as to make the yard or other open space less than the minimum required by this chapter unless approved by variance. If the existing yard or other open space is less than the minimum required, it shall be considered nonconforming and shall meet the requirement of §§ 153.050 et seq.
(B) No double allocation of yards and other open space. No required yard or other open space allocated to 1 lot or parcel shall be used to satisfy minimum yard or open space requirements for another lot or parcel.
(C) Encroachments into required yards. The following shall be permitted encroachments into required yards and building setbacks:
(1) Flues, chimneys, fireplaces, mechanical equipment, eaves, awnings, belt courses, sills, pilasters, lintels, ornamental features, gutters, and cornices may extend up to 3 feet into any required setback;
(2) Cantilevered bay windows and bay doors may extend a maximum of 2 feet into any required setback. The maximum length of such bay window or door is 10 feet. Additionally, a maximum 3 foot by 3 foot landing may serve as access to a bay door; however, the landing may not be enclosed or roofed;
(3) Steps, sidewalks, terraces, and unenclosed stoops may extend 3 feet into any required setback;
(4) Retaining walls, window wells, trees, shrubs, and other plantings may be placed in any yard except in drainage ways and street rights-of-way;
(5) Unenclosed porches and decks may project 10 feet into a required rear yard setback;
(7) Exposed wheelchair ramps with a maximum width of 4 feet may be placed in any required yard.
(D) Encroachment in yards on corner lots/traffic visibility triangle. Nothing shall be placed or allowed to grow in such a manner as to materially impede vision between a height of 3 and 10 feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersecting street from a distance of 30 feet from all local streets. All distances from county and state highways shall be approved by its permitting authority.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.104 MINIMUM DWELLING REQUIREMENTS.
In all districts where dwellings are permitted, except in approved manufactured home parks and in districts where accessory dwellings are permitted, the following standards shall apply. An exception to these regulations may be granted if part of an affordable housing project or units meet the city’s affordable housing goals stated in its Comprehensive Plan.
(A) The minimum width of the main portion of a single-family structure, including townhomes, shall be not less than 22 feet.
(B) All dwellings shall be placed on a permanent foundation and anchored to resist overturning, uplift, and sliding in compliance with the Minnesota State Building Code.
(C) The minimum living space in a 1 story single-family residential dwelling, including individual townhomes and duplex units (exclusive of basement and garage areas), shall be 960 square feet. The minimum living space in a multiple story single-family residential dwelling, including individual townhomes and duplex units (exclusive of basement and garage stalls), shall be 800 square feet on the first floor.
(D) Dwelling units in multi-family buildings containing 3 or more dwelling units shall have the following minimum floor areas per dwelling unit:
(1) Efficiency and one-bedroom apartments and condominiums: 600 square feet;
(2) Two-bedroom apartments and condominiums: 720 square feet.
(3) More than two-bedroom apartments and condominiums: an additional 120 square feet for each additional bedroom.
(4) The minimum floor areas for the dwelling units as specified above shall not include areas occupied by stairs, hallways, entry ways, and utility rooms. Closet space in excess of 15% of the above minimum floor area as aforementioned shall not be included. No multiple-family dwelling unit shall have efficiency and 1-bedroom dwelling units in excess of 20% of the total number of dwelling units in the building.
(E) Each single-family residential dwelling, including individual townhomes and duplex units, shall have at a minimum a 528 square foot garage.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 719, passed --; Am. Ord. 736, passed 4-22-2024)
§ 153.105 USABLE ATTIC SPACE.
Attic space shall not be occupied or actively utilized. Under the provisions of this chapter, the space shall not constitute a story and shall not be included in space calculations for parking.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.106 CODE COMPLIANCE.
All principal buildings shall meet or exceed the minimum standards of the:
(A) Minnesota Building Code, except that manufactured homes shall meet or exceed the requirements of the State of Minnesota Manufactured Home Building Code in lieu of the Minnesota State Building Code;
(B) Minnesota State Fire Code;
(C) Minnesota Department of Health;
(D) Minnesota Pollution Control Agency; and
(E) Washington County subsurface sewage treatment system regulations.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.107 BUILDABLE LOT AREA, NET.
(A) Lots not served by public sanitary sewer. All new parcels created which are not served by public sanitary sewer must have at least 1 contiguous acre of accessible buildable land.
(B) Lots served by public sewer. All new lots created which are served by public sewer must contain at least 3,400 square feet of buildable area.
(C) Lots within the Shoreland District. Properties situated within the Shoreland District are also subject to the requirements of the Shoreland Overlay District.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.108 NUMBER OF STRUCTURES.
Except in Planned Unit Developments (PUDs), there shall be no more than 1 principal structure on any 1 parcel of land.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.109 PROHIBITED DWELLING UNITS.
No cellar, garage, recreational vehicle or trailer, houseboat, basement with unfinished exterior above, or accessory building shall be used at any time as a dwelling unit. Permitted accessory dwellings are not accessory buildings.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 719, passed --; Am. Ord. 736, passed 4-22-2024)
§ 153.110 OCCUPANCY OF SINGLE-FAMILY DWELLING.
No more than 6 persons not related by blood, marriage, or adoption can reside in a single-family residential dwelling.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.111 TRAFFIC CONTROL.
The traffic generated by any use shall be controlled so as to prevent congestion of the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be regulated so as to ensure its safe and orderly flow. Traffic into and out of all uses, except single-family and townhouse areas, shall be forward moving with no backing into public streets.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.112 PRIVATE ROADS.
Private roads are not allowed in any new subdivisions created after the effective date of this chapter. Existing lots of record on private roads will be subject to the same standards as public roads unless regulated by an approved Planned Unit Development.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.113 MAXIMUM HEIGHT.
No structure shall exceed the maximum height permitted for the zoning district in which it is located, or as otherwise determined by this chapter, except that church spires, chimneys, agriculture silos, flagpoles and similar structures as determined by the city may have a height of up to 45 feet.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.114 SETBACKS ALONG UNCLASSIFIED WATER BODIES.
All lots having frontage on or containing an unclassified water body as defined in the provisions of the Shoreland Overlay District shall be subject to the setback regulations for unclassified water bodies as established in the Shoreland Overlay District, unless regulated by Watershed District adopted rules.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.115 INCLUSIONARY HOUSING REQUIREMENTS.
(A) Purpose. The purpose of this section is to encourage the development of affordable housing within Forest Lake. The Metropolitan Council has identified a need for housing that is affordable for many working households in the region. Forest Lake is responding to this need by offering incentives to encourage a continued availability of a diverse supply of housing opportunities for low to moderate income households.
(B) Applicability. For all affordable 50-80% of area median income for Washington County adjusted by family size appropriate for the dwelling unit. Housing costs include rent and utilities. Affordable monthly rental shall be considered to be an amount not exceeding 30% of adjusted area median family income.
(C) Definitions.
(1) Affordable rental housing. Where the rent plus utilities for the dwelling unit does not exceed 30% of the allowed individual household income.
(2) Area medium income (AMI). The median income of the greater metropolitan area to which Forest Lake belongs, as is established and updated annually by the United States Department of Housing and Urban Development.
(3) Density bonus. Those additional units that will be allowed to be built if the density bonus is granted.
(4) Rental dwelling. Any dwelling unit intended to be leased.
(D) Incentives.
(1) Developers providing affordable housing units may qualify for the following incentives and zoning code modifications listed below. Approval of requested incentives and modifications shall be made by the City Council. The city, in determining the reasonableness of the incentives and modifications to be considered, shall recognize that it may be benefitted not only on the inclusion of affordable housing but overall quality of design, increase in efficiency in public facilities, location and amount of proposed common space and location, design and type of dwelling units.
(a) Density bonus. A developer may qualify for up to 15% increase in the otherwise allowable density for a property as determined by the Comprehensive Plan designation of the property may be allowed. The density bonus must be calculated by determining the largest number of units that may be built on the property, then multiplying the result by 1.15 and rounding up any fractions.
(b) Eligible projects may qualify for reduced setbacks, reduced lot width, reduced lot size requirements and reduced parking requirements from the underlying zone requirements throughout the development.
(c) The city may consider reduced street width requirements throughout the development provided health and safety provisions are met.
(d) At the request of the developer, the city may issue a reimbursement for fees and/or charges related to the development and construction of the affordable housing units, including but not limited to the following:
1. Planning and zoning fees. The city may issue a reimbursement to the developer for up to 20% of the zoning and subdivision fees for any affordable housing development.
2. Building permit fees. The city may issue a reduction or reimbursement to the builder for up to 20% of the building permit fee for any structure meeting the definition of an affordable housing unit. For multi-family housing developments, the building permit reimbursement may be available for any individual structure meeting the definition of an affordable housing unit.
3. Sewer and water availability charges. The city may issue a reimbursement to the builder for up to the amount of 20% of the sewer core charge and water availability charge (WAC) for any structure meeting the definition of an affordable housing unit.
4. Parkland dedication fees. The city may issue a reimbursement to the developer for up to 20% of a cash payment in lieu of park and open space dedication, if any, for each affordable housing unit constructed within an affordable housing development. A reimbursement will not be provided for land dedication.
(2) Other incentives may be negotiated or offered by the City Council through the affordable housing plan review process.
(Ord. 596, passed 2-8-2010; Am. Ord. 635, passed 3-24-2014; Am. Ord. 736, passed 4-22-2024)