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New Hope City Zoning Code

Sec. 4-7

R-3, medium density residential district.

(a)

Purpose. The purpose of the R-3 medium density residential district is to provide for medium density housing in townhouses and multiple-family structures and directly related complementary uses.

(b)

Permitted uses, R-3. The following are permitted uses in an R-3 district:

(1)

Two-family/multiple-family. Two-family and multiple-family dwelling structures containing 12 or less dwelling units.

(2)

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

(3)

Day care in home. Subject to applicable county and state licensing requirements and subsection 4-3(g)(3) of this Code, serving up to 12 persons.

(4)

Public parks and playgrounds.

(5)

Essential services. (See definition).

(c)

Accessory uses, R-3. The following are permitted accessory uses in an R-3 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-3 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-3. The following are conditional uses in an R-3 district (requires a conditional use permit based upon procedures set forth in and regulated by subsections 4-30(c) and 4-33 and 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.

Principal building height. Principal buildings may exceed the R-3 height requirement set out in subsection 4-7(f)(3) of this Code provided:

1.

The site shall be capable of accommodating the increased structure without a variance.

2.

The increased intensity and size of the use shall not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

3.

Public utilities and services must be adequate to serve the building.

4.

Any building that exceeds the R-3 height restriction shall be setback from all lot lines a distance equal to the height of the tallest portion of the building.

5.

The building shall not limit solar access to abutting and/or neighboring properties. The city, in its sole discretion, may require the property owner to provide a shadow study acceptable to the city to determine the existence of any shadow encroachment.

6.

In no event may a public, educational or religious building permitted under this section exceed three stories or 48 feet in height, whichever is greater.

c.

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. A state licensed facility, serving 13 or more persons, provided that:

a.

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

b.

State regulations. The regulations and conditions of Minn. Rules Part 9545.0510 through 9545.0670 are satisfactorily met. No facility shall begin operation without a state license.

c.

Building and fire code. That all applicable provisions of the Minnesota State Building Code and Fire Code have been met. That the city building official and fire department shall inspect the property prior to the issuance of the conditional use permit to determine if this subsection of this Code has been complied with.

(4)

Residential group care facility. A state licensed residential facility serving seven to 16 persons provided that the following conditions are met for the protection of the residents of the facility:

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.

(f)

Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the R-3 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 dwelling or townhomes. 15,000 square feet.

3.

Other uses. 15,000 square feet.

b.

Lot area per unit.

1.

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

2.

Multiple-family dwelling. 3,000 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. Three stories or 36 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 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.

(Ord. No. 10-10, § 3, 10-25-2010; Ord. No. 24-06, § 4, 5-28-2024; Ord. No. 24-08, § 5, 5-28-2024; Ord. No. 25-02, § 5, 7-28-2025)