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Minnetonka City Zoning Code

SECTION 300

10. R-1 LOW DENSITY RESIDENTIAL DISTRICT.

1. Purpose.

The purpose of the R-1 district is to provide a district for single family detached dwellings in those areas where such development is consistent with the low density residential designation of the comprehensive plan and compatible with surrounding land use characteristics. Development within this district shall occur at densities not exceeding four dwelling units per acre. The allowed density for a piece of property will be determined by the city at the time of the development application. The determination will be based upon the site specific characteristics of the property and the requested development. Factors to be considered in increasing or decreasing the allowed density include the existing environmental conditions such as wetlands, floodplains, steep slopes, and significant trees; the specific site plan; the type of housing units proposed, including whether greater density is desirable because the development contains affordable housing that is consistent with the city’s affordable housing goals but that avoids unacceptable concentrations of such housing; the requested zoning; the minimum standards of this ordinance; the potential impact from traffic generated by the development; and the surrounding area. The burden of establishing the appropriateness of the high end of the density range will be on the applicant.

2. Permitted Uses.

Within the R-1 district no structure or land shall be used except for one or more of the following permitted uses and the accessory and conditional uses in subdivisions 3 and 4:
a)   single family detached dwelling units, but not more than one dwelling unit per lot;
b)   manufactured homes built in conformance with Minn. Stat. §§ 327.31 et seq.;
c)   public park and recreational areas owned and operated by a governmental unit, including recreational facilities and structures consistent with the area, except as provided for in subdivision 4;
d)   licensed residential care facilities or community based residential care facilities 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, except 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;
e)   agriculture, farming, and truck gardening, except that cannabis cultivation for commercial purposes is not allowed; or
f)   cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan has been approved by the city planner; overhead utility poles and lines for a distribution line up to a maximum height of 60 feet as measured from the ground upon which it is located, except that poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when needed to cross a major roadway such as a freeway.
g)   private recreational uses and structures for the exclusive use of surrounding property owner(s) as a principal use. Such uses and structures include tennis courts, pools, patios, and docks, which cannot be used for commercial purposes or non-recreational uses. The only permitted buildings are gazebos and storage sheds. Storage sheds may be no larger than 120 square feet. All structures mentioned in this subsection must be at least 50 feet from a front property line and meet all other minimum-required setbacks and maximum area requirements for accessory structures.
(Amended by Ord. 2013-10, adopted June 24, 2013; amended by Ord. 2008-19, adopted July 14, 2008; amended by Ord. No. 2024-17, effective November 18, 2024)

3. Accessory Uses.

Within the R-1 district only the following uses shall be permitted as accessory uses, provided they are subordinate to, associated with and located on the same lot as a permitted use:
a)   private swimming pools, except as provided for in subdivision 4;
b)   Accessory structures, except swimming pools, unless covered with an accessory structure, not exceeding 12 feet in height or an aggregate of 1,000 square feet of gross floor area and except as provided for in subdivision 4;
c)   receive only satellite dish antennas and other antenna devices up to a maximum height of 60 feet as measured from the ground upon which it is located subject to the requirements provided in section 300.15, subd. 12; and radio devices no larger than one cubic foot in size that are attached to utility poles, if there is no more than one per pole;
d)   solar energy system;
e)   private tennis courts, except as provided for in subdivision 4;
f)   home occupations that comply with the provisions of section 300.15, subd. 14;
g)   minor mass transit facilities including benches, which benches may include advertising signs consistent with the provisions of section 325 of the code of city ordinances, except as provided for in subdivision 4;
h)   recreational facilities and structures, provided they contain less than 1,000 square feet of gross floor area, and except as provided for in subdivision 4;
i)   evergreen material sales if in compliance with the standards specified in section 300.15, subd. 13, and the city planner has given approval;
j)   public or private schools having a course of instruction meeting the compulsory education requirements of the Minnesota board of education for students enrolled in grades K-12, or any portion thereof, provided that each school:
   1)   serves no more than 12 students, unless each and every one of the students is living in the structure and is the child, grandchild, parent, grandparent, spouse, or ward of a family member living in the structure;
   2)   has no residential facilities for students who are not the child, grandchild, parent, grandparent, spouse, or ward of a family member living in the structure;
   3)   has no more than one employee or independent teaching contractor who lives outside the structure, unless the total number of traffic trips generated by these people does not exceed the total of one trip to and from the structure for each day of instruction;
   4)   complies with the sign regulations for permitted residential uses, not conditionally permitted uses, in the applicable zoning district; and
   5)   complies with all other applicable city ordinances regarding parking.
k)   licensed day care facilities serving 12 or fewer persons, and licensed group family day care facilities serving 14 or fewer children, provided that there is not more than one outside employee in any such facility;
l)   garage sales, estate sales, yard sales, rummage sales, and other sales of personal property that have similar traffic and parking patterns, if:
   1)    the sales occur during no more than two periods of a maximum of three consecutive days each in any 12-month period,
   2)    the items offered for sale consist only of items owned by a person who occupies the property as his/her residence or by friends of the resident
   3)    none of the items offered for sale have been purchased for resale or received on consignment for purposes of resale, and
   4)   paragraphs 1, 2 and 3 do not apply to conditionally permitted educational, religious, and public institutions; and
m)   daycare facilities within a religious institution occupying no more than 20 percent of the total floor area of the building.
n)   other uses that are not regulated by this code and that are customarily associated with but subordinate to a permitted use, as reasonably determined by the city.
(Amended by Ord. 2016-08, effective May 23, 2016; Amended by Ord. 2012-05, adopted March 26, 2012; amended by Ord. 2009-13, adopted September 14, 2009; amended by Ord. 2008-19, adopted July 14, 2008; amended by Ord. 2019-04, adopted March 18, 2019; amended by Ord. No. 2022-18, effective November 14, 2022; amended by Ord. No. 2023-02, effective February 27, 2023)

4. Conditional Uses.

Within the R-1 district no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in section 300.16 of this ordinance:
a)   educational institutions and facilities, except as provided for in subdivision 3;
b)   religious institutions and facilities;
c)   mass transit facilities, except as provided for in subdivision 3;
d)   accessory dwelling units;
e)   licensed day care facilities serving 13 through 16 persons, provided they are located within suitably designed structures which are not also used for residential purposes or are not within religious or educational buildings;
f)   accessory structures exceeding 12 feet in height or 1,000 square feet in agregate areas;
g)   licensed residential care facilities or community based residential care facilities serving 7 through 10 people;
h)   private, non-profit recreational facilities as a principal use;
i)   wind energy conservation systems or windmills;
j)   cemeteries;
k)   marinas;
l)   public buildings or facilities, except for recreational buildings that contain less than 1,000 square feet, and utility cabinets larger than 150 cubic feet;
m)   public or private nursing or convalescent homes;
n)   telecommunication facilities as defined in Section 300.34;
o)   golf courses;
p)   utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act;
q)   commercial nurseries;
r)   daycare facilities within a religious institution occupying more than 20 percent of the total floor area of the building.
s)   other uses similar to those permitted by this section, as determined by the city.
(Amended by Ord. 2012, effective March 26, 2012; Amended by Ord. 2013-10, effective June 24, 2013; amended by Ord. No. 2023-02, effective February 27, 2023)

5. District Standards.

No building or land in the R-1 district shall be used except in conformance with the following:
a)   building height: maximum of 35 feet;
b)   front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood collector streets and railroad lines, or 50 feet from the right-of-way of major collector or arterial roadways as identified in the comprehensive plan. In the case of a corner lot, one front yard setback may be reduced by 10 feet. On double frontage lots, the setback may be reduced by 10 feet towards the direction perceived by the city planner to be the rear yard. (Figure 13) For a neck lot or one which is serviced by a driveway easement, see section 300.10, subd. 5(e);
c)   side yard setback: the sum of the side yard setbacks shall not be less than 30 feet, with a minimum setback of 10 feet; (Figure 14)
Figure 14
d)   rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less;
e)   minimum setbacks for principal buildings on lots-behind-lots: 40 feet or 20% of the average distance between opposite lot lines, whichever is less, but no less than 25 feet. The city council may reduce all or some of these setbacks to no less than 25 feet, where:
   1)   the new home would be substantially screened from homes on adjacent lots or from the buildable area of adjacent undeveloped lots;
   2)   a home cannot be built on a lot adjacent to the side with the proposed reduced setback; or
   3)   an existing home on a lot-behind-lot is adjacent to the side with the proposed reduced setback and has a setback on that side that is less than those required above
   minimum setback for detached, accessory buildings: 10 feet.
f)   driveway setback for flag/neck lots and lots served by a driveway easement: minimum of 7 feet from side and rear lot lines, except to the extent reasonably necessary to share a street access point with an adjacent lot. For a lot encumbered by a driveway easement serving another lot, the driveway across that easement must also be set back a minimum of 17 feet from the easement line which is adjacent to the buildable area of the encumbered lot, except as reasonably necessary for the driveway to also serve the residence on that lot;
g)   lot area: established in section 400 of this code;
h)   lot width: established in section 400 of this code;
i)   lot depth: established in section 400 of this code.
j)   All structures and site work, including any grading and landscaping activities, must comply with the wetland protection, floodplain protection, shoreland protection, steep slope protection and tree protection requirements contained in sections 300.23, 300.24, 300.25, 300.28 and 314.01 of this ordinance.
(Amended by Ord. No. 2023-02, effective February 27, 2023)

6. Additional Requirements.

a)   All dwellings, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth.
b)   All dwellings shall have a permanent foundation in conformance with the Minnesota state building code.
c)   Accessory structures shall conform to the setbacks established for principal structures, except for the following:
   1)   all accessory structures located more than 10 feet from a principal structure may be located a minimum of 10 feet from a rear or side lot line;
   2)   accessory structures, except detached garages, must be located behind the front line of the principal structure or maintain a minimum setback of 50 feet when located between the principal structure and the front lot line; and
   3 )   swimming pools shall be located behind the front building line of the house, and 15 feet side and rear setbacks as measured to the water line are required. On corner lots, swimming pools shall be subject to front yard setbacks established for principal structures.
d)   Off-street parking must be provided as outlined in City Code 315.14.
e)   Each lot must have a buildable area as defined by this ordinance and established in section 400 of this code. The purpose for a buildable area is to ensure that each lot has a reasonable area for the location of a house, attached garage, and associated decks or patios and that there is sufficient room for the location of the house to be positioned to minimize the physical impacts on the lot and to be consistent with the surrounding neighborhood. This does not require that a house pad occupy the entire buildable area. Each lot must comply with the following:
   1)   The buildable area must be designated by the applicant and approved by the city council at the time of the subdivision creating the lot. For pre-existing lots, the buildable area will be designated by the city planner based on the standards contained in this ordinance and section 400 of this code.
   2)   The city may require that construction within the buildable area be located where the city determines it would reasonably:
      a.   minimize the amount of adverse impacts to the physical environment on the lot, including such things as significant trees, grading, erosion, and surface water drainage, and
      b.   be consistent with the location of the structures in the surrounding neighborhood.
   3)   No principal structure, or any portion of it, may be located outside the buildable area, except when intrusions into setbacks are allowed by this code.
   4)   If a home exists on a lot with less than the minimum buildable area, the home may be enlarged or rebuilt within the applicable setbacks without a variance from the buildable area standard.
(Amended by Ord. 2019-04, effective March 18, 2019; amended by Ord. No. 2023-02, effective February 27, 2023)

7. Exceptions for Qualifying Small Lots.

a)   The buildable status of R-1 lots is determined in accordance with section 300.07, subd. 1(b). If a substandard lot has been declared buildable, the provisions of this subdivision (section 300.10, subd. 7) may be applied.
b)   In recognition of the exceptional circumstances of nonconforming small lots located in neighborhoods of similarly sized lots, the R-1 district setback standards are reduced for qualifying small lots meeting the following criteria:
   1)   less than 15,000 square feet;
   2)   lot of record as of February 12, 1966, or lots approved by the city subsequent to this date; and
   3)   located in an area in which the average size of all residential lots within 400 feet is less than 15,000 square feet.
c)   The following standards apply to principal structures located on qualifying small lots:
   1)   front yard setback: average front setback of principal structures located on adjoining parcels, but in no case less than 20 feet from the right-of-way (Figure 17);
Figure 17
   2)   side yard setback: 10 percent of lot width measured at the building setback line on each side of the structure, but in no case less than seven feet (Figure 17); and
   3)   rear yard setback: 20 percent of lot depth, but in no case less than seven feet (Figure 17).
d)   The following standards apply to accessory structures located on qualifying small lots: (Figure 17)
   1)   front yard setback: same as for principal structure;
   2)   side yard setback: seven feet; and
   3)   rear yard setback: seven feet.
e)   The buildable area for a qualifying small lot must meet the minimums established in section 400 of this code.

8. Interim Uses.

The following uses are allowed by interim use permit in the R-1 district:
a)   Any use authorized as a conditional use or other similar uses as determined by the city planner. These uses must meet the standards and conditions outlined for the corresponding conditional use unless waived by the city council, given the temporary nature of the use.
b)   Home occupation:
   1)   must comply with the provisions of section 300.15, subd. 14.
c)   Leasing, sales or management office for a development if the office exceeds 1,000 square feet of floor area:
   1)   must be designed to be architecturally consistent with the principal buildings in the project;
   2)   must meet the parking standards provided in section 300.28, subd. 12, for office use; and
   3)   must have any signs designed to be consistent with the principal use.
d)   Commercial kennel for dogs, cats, or both:
   1)   must have a minimum lot size of two acres;
   2)   must be located next to a collector or arterial street, as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets;
   3)   must screen exterior storage, including refuse, from view from adjacent properties or public streets;
   4)   must not include the use of a crematory;
   5)   must screen parking areas for patrons from adjacent properties;
   6)   must maintain a minimum setback of 100 feet between the kennels and all property lines;
   7)   must keep all dogs and cats within an enclosed building at all times, except for supervised walks;
   8)   must not cause annoyance or disturbance to another person by frequent howling, yelping, barking, or other kinds of noise. This paragraph only applies when the noise has continued for a 5-minute period. This requirement applies to the cumulative barking from the kennel, including one or several dogs;
    9)   must provide at least one parking space per employee and one parking space for each ten kennel cages;
   10)   must maintain a valid city kennel license and must comply with all applicable city and state building, health and maintenance standards;
   11)   is subject to site and building plan review pursuant to section 300.27 of this ordinance; and
   12)   is subject to a reasonable limitation on the total number of animals or the size of the facilities. This will be determined by the city based on the size of the property, the uses of adjoining properties, the existence of buffering and other appropriate factors.
e)   A use or improvement that is not permitted in this zoning district or that does not comply with the standards for this zoning district, if such action is required as a reasonable accommodation under the federal Americans with disabilities act, the federal fair housing act, or other federal or state law.
(Amended by Ord. #99-25, effective October 11, 1999; amended by Ord. #2000-19, effective October 16, 2000; amended by Ord. #2002-03, effective January 7, 2002; amended by Ord. #2002-04, effective February 11, 2002; amended by Ord. #2002-24, effective October 14, 2002; amended by Ord. #2004-37, effective December 20, 2004; Ord. #2006-05, effective March 27, 2006; amended by Ord. 2007-03, effective January 22, 2007; amended by Ord. 2010-18, effective December 20, 2010; amended by Ord. 2012-05, effective March 26, 2012; amended by Ord. No. 2021-20, effective October 4, 2021; amended by Ord. No. 2021-21, effective October 10, 2021; amended by Ord. No. 2025-07, effective June 23, 2025)