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New Hope City Zoning Code

Sec. 4-10

R-O, residential-office district.

(a)

Purpose. The purpose of the R-O, residential-office district is to provide for high density residential uses and for the transition in land use from middensity residential to low intensity business allowing for the intermixing of such uses.

(b)

Permitted uses, R-O. The following are permitted uses in an R-O district:

(1)

Two-family/multiple-family. Two-family and multiple-family dwelling structures.

(2)

Boarding houses. Boarding houses limited to not more than ten resident persons.

(3)

Public parks and playgrounds.

(4)

Essential services. (See definition).

(c)

Accessory uses permitted, R-O. The following are permitted accessory uses in an R-O district:

(1)

Auto parking. Private garages and parking spaces for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by subsection 4-3(e) (off-street parking) of this Code. The following categories of non-passenger vehicles are not permitted accessory uses, regardless of the gross vehicle weight: dump trucks, step vans, cargo trucks, tow trucks, semi-trailer tractors, boom trucks, tank trucks, hearses, and mobile food units. Non-passenger vehicles may not be parked anywhere in any off-street parking facilities accessory to residential use unless loading, unloading or rendering a service. In no event shall non-passenger vehicles be parked overnight in any off-street parking facilities accessory to residential use.

(2)

Off-street loading.

(3)

Recreational facilities. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(4)

Storage sheds. Tool house, shed and/or similar building for storage of domestic supplies and noncommercial recreational equipment.

(5)

Boarding rooms. Boarding or renting of rooms to not more than one person.

(6)

Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code.

(d)

Uses by administrative permit. The following are uses by administrative permit in the R-O district. (Requires an administrative permit based on the procedures set forth in and regulated by section 4-31 and the performance standards set forth in section 4-3 of this Code.

(1)

Expansion of a nonconforming two-family building per subsection 4-3(a)(10)a of this Code.

(2)

Accessory building side yard setback reduction per subsection 4-3(b)(6)c of this Code.

(3)

Personal wireless service antennas per subsection 4-3(l) of this Code.

(4)

Permitted home occupations per subsection 4-3(g)(3) of this Code.

(5)

Municipal government and utility buildings. Municipal government, publicly regulated communications, and public utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:

a.

Compatibility and setbacks. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

b.

Equipment enclosed. Equipment is completely enclosed in a permanent structure with no outside storage.

(e)

Conditional uses, R-O. The following are conditional uses in an R-O district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33, the performance standards set forth in section 4-3 of this Code).

(1)

Public, educational and religious buildings. Public or semipublic recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that:

a.

Side yards. Side yards shall be double that required for the district, but no greater than 30 feet.

b.

Utility and cargo trailer storage. The storage of up to three utility or cargo trailers affiliated with the use shall be permitted when approved with a conditional use permit. Utility and cargo trailers must be licensed and operable and stored on a bituminous surface in rear yards and/or side yards that do not abut a street. Utility and cargo trailers must be set back five feet from all side and rear lot lines and may not be located within utility or drainage easements. Required parking stalls shall not be used for the storage of utility and cargo trailers and parking of such vehicles shall not take place within drive aisles, loading areas, or fire lanes.

(2)

PUD, residential and townhomes. Residential planned unit developments and townhomes as regulated by section 4-34 of this Code.

(3)

Day care facility and/or adult day care. A day care facility (as defined in subsection 4-2(b)) and/or an adult day care (as defined in subsection 4-2(b)) serving 13 or more people provided that:

a.

Off-street parking. Adequate off-street parking and access are provided in compliance with subsection 4-3(e) of this Code. The design and location of the facility drop off area shall not interfere with internal site circulation.

b.

Off-street loading. Adequate off-street loading and service entrances are provided in compliance with subsection 4-3(f) of this Code. The loading area size may be reduced or the requirement waived if the site cannot physically accommodate a loading berth to the size required. All deliveries must be received at times that will not conflict with customer or employee building access or peak parking demand.

c.

Outdoor recreation area. Outdoor areas for active or passive recreation shall be provided in compliance with the following requirements:

1.

Each facility shall provide a minimum of 1,500 square feet of outdoor recreation area and must have 75 square feet of outdoor recreation area per person within the outdoor recreation area at any given time. The outdoor recreation area may be reduced for adult day care if the applicant can demonstrate that limited client mobility warrants a reduction of the outdoor recreation area.

2.

The outdoor recreation area shall be located in a side or rear yard, shall be subject to accessory building setbacks, and shall be fully enclosed and delineated via fencing and landscaping in accordance with subsection 4-3(d) of this Code.

3.

No more than 75 percent of the outdoor recreation area shall be covered with an impervious surface. The surfacing material shall be subject to the approval of the city engineer. The remaining 25 percent of the outdoor recreation area shall be green space and shall be planted with grass or sod and landscaped.

4.

The outdoor recreation area must be free of litter, rubbish and waste.

d.

Signs. All signing, information or visual communication devices shall comply with section 3-40 of this Code.

e.

General conditional use requirements. The relevant provisions of section 4-33 of this Code are met.

f.

Building and fire code. The site and facility must meet all applicable provisions of the Minnesota State Building Code and Fire Code. The city building official and fire department shall inspect the site prior to the issuance of the conditional use permit to determine compliance with this subsection of the Code.

g.

State and license regulations. The structure and operation shall be in compliance with all state regulations and shall be licensed accordingly.

(4)

Long term care facility. Long term care facility, but not including hospitals, or similar institutions, provided that:

a.

Side yards, double. Side yards are double the minimum requirements established for this district and are screened in compliance with subsection 4-3(d)(3) of this Code.

b.

Rear yard requirements. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with subsection 4-3(d)(3).

c.

Street access. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

d.

Permits and state laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(5)

Apartment density bonus. Except for senior housing, apartments containing ten units or more may pursue a reduction up to 20 percent of the required lot area per unit based upon the following bonus features and square foot reductions:

Bonus Feature Square Foot Reduction Per Unit
(a) Construction. Durable exterior wall finishes consisting of glass, brick, stone or stucco on 70 percent of the wall face. 300 square feet
(b) Underground parking. One space per unit of the required free parking is underground or within the principal structure (not including attached or detached garages). 300 square feet
(c) Recreation, indoor. Indoor recreation and social rooms equal to a minimum of 25 square feet per unit or 750 square feet total, whichever is greater. 100 square feet
(d) Recreation, outdoor. Outdoor recreational facilities such as swimming pools, porches, tennis courts or similar facilities requiring a substantial investment equaling at minimum five percent of the construction cost of the principal structure. 100 square feet
(e) Public transit. Transit service available within 300 feet of entrance. 100 square feet

 

(6)

Senior housing. Senior housing provided that:

a.

Age limit. Within a senior housing facility, 80 percent of the dwelling units must be occupied by at least one person of the age of 55 years or older.

b.

Public transit. The site of the main entrance of the principal use is served or is located within 500 feet of regular transit service.

c.

Elevators. Elevator service is provided to each floor level.

d.

Open space. 20 percent of the gross lot area shall be maintained for passive or active recreational use.

(7)

Group care facility. A state licensed facility serving seven or more persons.

a.

The facility is licensed by the state and the operator of the facility provides documentation of compliance with all applicable federal, state, metropolitan and county regulations.

b.

The facility is in compliance with and is maintained in accordance with the Minnesota State Fire Code and Uniform Building Code.

c.

The facility is not located within 1,320 feet of any similar type use or care facility.

d.

The entrance of the facility is located within 400 feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the city council.

e.

The operation is subject to monitoring by the city and is found to be in compliance with all applicable construction and operation regulations and standards.

(8)

Medical; professional and commercial offices. Hospitals, medical offices and clinics, dental offices and clinics, veterinarian clinics when completely enclosed, professional offices and commercial offices and funeral homes and mortuaries provided that:

a.

Street access. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

b.

Traffic flow. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

c.

Buffers. When abutting an R-1, R-2, R-3 or R-4 district, a buffer area with screening and landscaping in compliance with subsection 4-3(d)(3) shall be provided.

(9)

Parking. Off-site parking facilities for adjacent commercial or multiple dwellings.

a.

Excess of requirements for principal use. Such parking is in excess of that required on the lot upon which the principal use is located.

b.

Street access. The site of the principal use and its related parking is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

(10)

Retail commercial. Retail commercial activities provided that:

a.

Sales at retail. Merchandise is sold at retail.

b.

Principal use. The retail activity is located within a structure whose principal use is not commercial sales.

c.

Area. The retail activity shall not occupy more than 15 percent of the gross floor area of the building.

d.

Not in residential. The retail activity is not located within a structure whose principal use is residential.

e.

Additional signing requirement. No directly or indirectly illuminated sign or sign in excess of ten square feet identifying the name of the business shall be visible from the outside of the building, and no signs or posters of any type advertising products for sale shall be visible from the outside of the building.

(11)

Combined residential and nonresidential. Buildings combining residential and nonresidential uses allowed in this district provided that:

a.

Separate floors. Residential and nonresidential uses shall not be contained on the same floor.

b.

Residential uses shall be provided separate entrances and separately identified parking spaces.

c.

Conflict of uses. The residential and nonresidential uses shall not conflict in any manner.

(f)

Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the R-O zoning district subject to additional requirements, exception, and modification set forth in this Code.

(1)

Lot area.

a.

Base lot.

1.

Twinhome. 10,000 square feet.

2.

Multiple-family or townhomes. 15,000 square feet.

3.

Other uses. 15,000 square feet.

b.

Lot area per unit.

1.

Twinhomes, quadraminiums/townhomes. 5,000 square feet.

2.

Other multiple-family dwellings. 2,000 square feet.

3.

Senior and physical disability housing. 1,000 square feet.

(2)

Lot width.

a.

Twinhomes. 75 feet.

b.

Twinhomes—Corner lot. 90 feet.

c.

Multiple-family dwelling; townhomes. 80 feet.

d.

Multiple-family dwelling; townhomes—Corner lot. 100 feet.

e.

Other uses. 90 feet.

f.

Other uses—Corner lot. 100 feet.

(3)

Building heights. Six stories or 72 feet, whichever is greater.

(4)

Setbacks.

Front: Local Street Front: Arterial or Community Collector Street (a) Rear Side: Interior Side Yard Side: Corner Local Street Side: Arterial or Community Collector Street (a)
Twinhomes 25 feet 30 feet 30 feet 10/5 feet (b) 20 feet 25 feet
Townhome/Quadraminium 25 feet 30 feet 30 feet 10 feet 20 feet 25 feet
Multiple-family (c) 30 feet 30 feet 30 feet 20 feet 20 feet 25 feet
Other Uses 30 feet 30 feet 30 feet 20 feet 20 feet 25 feet

 

(a) See subsection 4-3(c)(6)b of this Code.

(b) Ten-foot side yard setbacks are required, except a five-foot setback is permitted for an attached garage.

(c) For each additional story over four stories or for each additional ten feet over 40 feet, the rear and side yard setback requirements shall be increased by five feet.

(Ord. No. 02-13, § 1, 10-14-2002; Ord. No. 14-06, § 1, 2-24-2014; Ord. No. 24-08, § 7, 5-28-2024; Ord. No. 25-02, § 8, 7-28-2025)