Signs within the residential districts shall be regulated by section 325 of the code of city ordinances.

(Amended by Ord. 2016-08, effective May 23, 2016)

All residential structures except single family detached and two-family dwellings, and all non-residential principal structures are subject to site and building plan review under section 300.27 of this ordinance. The property owner must ensure that all landscaping, natural vegetation, parking areas and other site improvements are maintained in accordance with the approved site and building plan. Property that does not comply with this requirement is declared a public nuisance that may be abated in accordance with the provisions of section 845. All residential structures except single family detached dwellings are subject to the performance standards specified in section 300.28.

Driveways which access onto public streets shall be subject to review under section 1105 of the code of city ordinances. In reviewing driveways, the city shall utilize guidelines for driveway design and location by the institute of traffic engineers as a reference. Driveways which access onto county or state roadways shall be subject to review by the appropriate authorities. Paved turn-around areas shall be required for driveways on collector or arterial streets as designated in the comprehensive plan and in locations where sight distance is inadequate as determined by the city. All parking areas except those serving one and two family dwellings on local streets shall be designed so that cars shall not have to back into the street.

All residential developments shall comply with the requirements of the city's water resources management plan. Easements, ponding areas, culverts, storm sewers or similar improvements may be required by the city. No construction on or alteration of land shall be permitted which creates unreasonable drainage on adjacent properties.

All residential developments occurring in areas identified on city floodplain and wetland maps as a wetlands, floodplain or shoreland district shall comply with the provisions of sections 300.23, 300.24 or 300.25 of this ordinance.

All residential conditional uses shall be subject to review under the standards and criteria established in section 300.16 of this ordinance.

a)   Off-street parking must be provided as required by section 315.14 of this code.

b)   All residential dwelling units shall also be subject to the parking regulations specified in section 300.28 of this ordinance.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

Height limitations within the residential districts do not apply to water towers, chimneys, flag poles, or architectural components generally associated with educational or religious facilities.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

a)   Fire escapes, landing places, uncovered porches, decks, heating, air conditioning and ventilation equipment, open terraces, outside stairways, cornices, canopies, swimming pool aprons and pool equipment, fireplaces and other similar architectural features may extend into a required front, side or rear yard setback by a distance not to exceed five feet. The provisions of this paragraph shall not be construed as permitting any such feature to extend closer than 10 feet from any side lot line or, in the case of double frontage or corner lots, to extend any further into the front yard setback than the 10 foot reduction allowed in section 300.10, subd. 5(b). In the case of qualifying small lots, the provisions of this paragraph shall not be construed as permitting any such feature to extend towards any front, side or rear lot line a distance greater than allowed under the provisions of section 300.10, subd. 7 of this ordinance.

b)   Detached retaining walls, fences, patio slabs, public utility poles, light poles, mail boxes, hedges and means of access such as sidewalks, driveways, steps and roadways may occupy any part of a required front, side or rear yard setback. The preceding sentence shall not apply to driveways and roadways in the R-3, R-4 and R-5 districts, which shall be governed by the standards of section 300.28, subd. 12(b)(4).

c)   On double frontage lots the required front yard setback shall be provided on both streets. However, in R-1 and R-2 districts the setback may be reduced by 10 feet towards the direction perceived by the city planner to be the rear yard.

d)   On corner lots, the required front yard setback shall be provided on both streets. However, in R-1 and R-2 districts the setback may be reduced by 10 feet towards the direction perceived by the city planner to be the side yard.

e)   No wall, fence, structure, tree, shrub, vegetation or other obstruction shall be permitted in any yard or setback which poses a danger to traffic by obscuring the view from any street or roadway. Visibility from any street or roadway shall be unobstructed above the height of two and one-half feet within the triangle described as beginning from a point at the paved edge of the intersection, two sides of which extend a distance of 25 feet along the edge of each street and the third side being a line connecting the other sides. (Figure 22)

f)   The following uses are exempt from the lot area, lot width and setback requirements of this section: overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, traffic signals, traffic regulatory signs, mailboxes and other equipment that provides an essential public service.

g)   The provisions of this section do not exempt any structure, structural feature, or appurtenance from 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)

a)   No lot may be so reduced that its area or dimensions are less than required by section 400 of this code.

b)   Notwithstanding paragraph (a) of this subdivision, any lot which meets the requirements for a variance specified in section 400.055 of this code or for which a variance reducing lot area or dimensions has been granted may be used for construction of a dwelling unit. Any lot of record not meeting the requirements of section 300.07, subd. 1(b) of this ordinance or for which no variance has been granted may be used for construction of a dwelling unit only upon the granting of a variance pursuant to section 300.07 of this ordinance.

All exterior storage of trash and maintenance equipment for multiple dwelling buildings shall be located in an appropriately sited structure. The structure shall provide visual screening of the storage area and shall be constructed of materials which are compatible with the principal structure.

Any accessory building attached to a principal structure shall be made a structural part of the principal structure and shall comply with all requirements relating to principal structures. No accessory building which is not attached to a principal structure shall be located within six feet of a principal structure unless in conformance with fireproof requirements of the uniform building code. Accessory structures shall conform to the setbacks established for principal structures, except in R-1 and R-2 districts the following shall apply:

a)   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;

b)   accessory structures, except detached garages, which are located between the principal structure and the front lot line shall maintain a minimum setback of 50 feet from the front lot line; and

c)   receive-only satellite dish antennas and other antenna devices subject to the following requirements:

   1)   shall be in compliance with all city building and electrical code requirements;

   2)   verification that the structural design has been approved by a professional engineer;

   3)   verification that the mounting system and installation have been approved by a professional engineer;

   4)   one per building or, if more than one antenna is proposed, the antennas shall be clustered in a single, screened location;

   5)   submission of written authorization from the property owner;

   6)   no advertising message shall be on the antenna structure;

   7)   shall comply with setback requirements for accessory structures and in no event shall be located between the principal structure and the front lot line;

   8)   shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antennas and materials compatible with those utilized on the exterior of the building for roof mounted antennas;

   9)   antennas located closer to a property line than the height of the antenna shall be designed and engineered to collapse progressively within the distance between the antenna and the property line;

   10)   shall be in compliance with all applicable federal communications commission (FCC) requirements; and

   11)   antenna height shall be no more than 60 feet as measured from the ground upon which it is located.

(Amended by Ord. 2019-04, adopted March 18, 2019)

Within all residential districts, the following uses shall be permitted provided they are subordinate to, associated with and located on the same lot as a permitted use and in conformance with the specified standards.

a)   Evergreen material sales may be permitted by the city planner once per calendar year if in compliance with the following standards:

   1)   is located in a suitable off-street location and does not extend into adjacent right-of-way;

   2)   does not unreasonably interrupt vehicle circulation on the site or obstruct parking spaces;

   3)   has written authorization from property owner who also agrees to clean up the site if the applicant does not;

   4)   has all applicable licenses and approvals from the city, county or other appropriate jurisdictions;

   5)   meets the requirements for sight visibility clearance at street intersections and access points in accordance with section 300.15, subd. 9(e) of this ordinance or as required by the city to protect public safety;

   6)   has no more than one sign with a maximum area of 32 square feet and a maximum height of 8 feet;

   7)   is kept in a neat and orderly fashion;

   8)   has no more than one temporary shelter not to exceed 120 square feet;

   9)   agrees to clean up and restore the site to its prior condition within 10 days of completion of sales; and

   10)   submits the deposit specified in section 710 at the time of permit application. The deposit will be returned upon timely restoration of the site.

(Amended by Ord. #2010-18, adopted December 20, 2010; Ord. #2006-20, adopted November 6, 2006; amended by Ord. #2003-25, adopted October 27, 2003)

a)   The intent of this subdivision is to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this subdivision is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties.

b)   A home occupation is allowed in all residential districts as a permitted accessory use if in compliance with the general standards listed in paragraph (d) below and if all of the people who work in the dwelling unit as part of the home occupation live at the dwelling unit. The home occupation may have additional employees that do not work in the dwelling but these employees may not come to the property on a regular basis.

c)   A home occupation that does not meet the requirements related to employees in paragraph (b) above, that regularly has customer, client, or patient visits to the home, or that is not in compliance with the general standards listed in paragraph (d) below, is allowed in all residential districts only as an interim use and only if it obtains the appropriate permit and is in compliance with all conditions attached to the permit.

d)   All home occupations permitted by this section must comply with the following general standards:

   1)   The home occupation must be clearly secondary to the residential use and not change the nature of the residential use;

   2)   No more than 25% of the habitable area of the dwelling may be devoted to a home occupation. A home occupation is not permitted to conduct any of the business in an attached garage or a detached accessory building or outside of any building.

   3)   There must be no exterior evidence of the occupation, including no exterior storage or signs.

   4)   There must be no exterior alterations to the dwelling that involve construction features not customarily found in dwellings, except where required to comply with fire and building code requirements.

   5)   A home occupation must be in compliance with all applicable fire and building codes.

   6)   A home occupation must be in compliance with the provisions of the city's nuisance regulations.

   7)   No retail or wholesale sales activity may be conducted on the premises, except by telephone, mail, Internet or other electronic medium. This provision is not intended to exclude garage sales, estate sales, yard sales, rummage sales, and other sales of personal property that have similar parking and traffic patterns.

    8)   A home occupation must not create additional vehicle trips in excess of 10 trips per day averaged over a period of five days per week. One trip is counted for each vehicle that arrives at the property, and an additional trip is counted for each vehicle that leaves the property.

   9)   All parking demands generated by the home occupation must be accommodated within a garage and the existing driveway area. Vehicle parking generated by employees, customers, visitors and invitees of the home occupation may not exceed four vehicles parked outside on the property. No vehicles used in connection with the home occupation and no vehicles of employees, customers, visitors and invitees of the home occupation may be parked on public or private streets. Parking for a home occupation in multi-family residential buildings is limited to two parking spaces in external parking areas.

   10)   A vehicle used in connection with a home occupation that has exterior ladders, pipes, tools, buckets, tanks, snow plow, vehicle towing equipment, trailers, or any other attachment and a vehicle licensed as a cab or limousine must be parked in a garage when at the site of the home occupation. All vehicle attachments must be stored in an accessory building or screened from public view.

   11)   There must be no significant increase in pollution levels of noise, light, air, or other types of pollution outlined in city code section 300.28.

   12)   The following types of uses have a tendency to increase in size or intensity beyond the conditions imposed for home occupations and may adversely affect nearby residential properties. Therefore, the following types of businesses are prohibited as home occupations:

      a.   mortuaries;

      b.   automobile or equipment sales;

      c.   landscaping and lawn maintenance;

      d.   massage therapy;

      e.   repair, service, and painting of motor vehicles, appliances, and small engines; and

      f.   other uses similar to those prohibited by this section, as reasonably determined by the city.

(Added by Ord. 2012-05, adopted March 26, 2012)