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Minnetonka City Zoning Code

SECTION 300

14. R-5 HIGH DENSITY RESIDENTIAL DISTRICT.

1. Purpose.

The purpose of the R-5 district is to provide a district for multiple family dwelling units in those areas designated for high density residential development in the comprehensive plan. Development within this district shall occur at densities greater than 12 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-5 district no structure or land shall be used except for one or more of the uses permitted within the R-4 medium density residential district.

3. Accessory Uses.

Within the R-5 district any use permitted as an accessory use within the R-4 medium density residential district shall be permitted provided it is subordinate to, associated with and located on the same lot as a permitted use.

4. Conditional Uses.

Within the R-5 district any use permitted as a conditional use within the R-4 medium density residential district shall be permitted by conditional use permit when in compliance with the standards specified in section 300.16 of this ordinance.

5. District Standards.

No building or land in the R-5 district shall be used except in conformance with the following:
a)   height: building height shall be regulated generally by floor area ratio and yard area requirements but shall be evaluated along with other design parameters under site and building plan review. The planning commission or city council may impose reasonable height limitations when any of the following conditions are found to exist:
   1)   the proposed building is located within 200 feet of any designated low density residential district;
   2)   the proposed building is located within 100 feet of any designated public park;
   3)   the proposed building is highly visible to a large number of parcels containing or designated on the comprehensive plan to contain low density residential uses due to site conditions, including topography and lack of mature vegetation; or
    4)   the proposed building will be of an inappropriate site or architectural design due to existing or planned topography or sight lines.
   In considering height limitations, the intent of the planning commission and city council shall be to mitigate potential negative impacts and not to place limits on the density of the project.
b)   front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood collector streets as identified in the comprehensive plan; or a minimum of 50 feet from railroad lines or from the right-of-way of major collector or arterial roadways as identified in the comprehensive plan, or the height of the building, whichever is greater;
c)   side and rear yard setback: side and rear yard setbacks shall be 1½ times the height of the building, up to a maximum of 100 feet, but in no case less than the following when measured from land designated accordingly in the comprehensive plan:
   1)   50 feet from low density residential;
   2)   40 feet from medium or high density residential, commercial or office;
   3)   30 feet from industrial; and
   4)   20 feet from institutional or open space.
d)   floor area ratio: maximum of 1.0;
e)   lot area: established in chapter 400 of this code;
f)   access: by permit from the appropriate public body. Principal access shall be to a collector or arterial roadway as designated in the comprehensive plan;
g)   building spacing: minimum spacing between buildings shall be the average of the heights of the buildings;
h)   outdoor recreational area: minimum of 10 percent of the gross project area shall be in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. (Figure 21)
Figure 21
 
i)   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. 2010-18, adopted December 20, 2010; amended by Ord. #2002-04, adopted February 11, 2002; amended by Ord. No. 2023-02, effective February 27, 2023)

6. Interim Uses.

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.
(Amended by Ord. No. 2025-07, effective June 23, 2025)