A.   For the purpose of this title, the city of Rosemount, Minnesota, is hereby divided into the following base zoning districts:

      1.   A-1, Agricultural Preserve District;

      2.   A-2, Agricultural District;

      3.   RR, Rural Residential District;

      4.   R-1, Low Density Traditional Residential District;

      5.   R-2, Low to Medium Density Residential District;

      6.   R-3, Medium Density Residential District;

      7.   R-4, High Density Residential District;

      8.   MX-1, Downtown Mixed Use District;

      9.   MX-2, Highway Mixed Use District;

      10.   B-1, General Business District;

      11.   B-2, Employment District;

      12.   I-1, General Industrial District;

      13.   I-2, Heavy Industrial District; and

      14.   PI, Public and Institutional District.

   B.   For the purpose of this title, the city of Rosemount, Minnesota, is hereby divided into the following special zoning districts:

      1.   Floodplain Overlay District;

      2.   Shoreland Overlay District;

      3.   Wetland Overlay District;

      4.   Mississippi River Corridor Critical Area Overlay District; and

      5.   PUD, Planned Unit Development District. (Ord. 2024-04, 6-4-2024)

   A.   The boundaries of these districts are hereby defined and established on a map entitled "zoning map city of Rosemount, Minnesota", dated June 4, 2024, which map and all explanatory matter thereon is hereby made a part of this title. (Ord. 2024-04, 6-4-2024; amd. Ord. B-318, 11-19-2024)

   A.   The district boundaries shall be determined by measurement from and as shown on the zoning map, and in case of any questions as to the interpretation of such boundary lines, the Planning Commission shall interpret the map according to the reasonable intent of this title.

   B.   Where uncertainty exists with respect to the boundaries of any districts indicated on the zoning map, the following rules shall apply:

      1.   Boundaries indicated as approximately following the centerline of streets or highways shall be construed as following the centerlines of said streets or highways.

      2.   Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

      3.   Boundaries indicated as approximately following city boundary lines shall be construed as following such boundaries.

      4.   Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

      5.   Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the official zoning map.

      6.   Boundaries following the shoreline of a stream, lake, or other body of water shall be construed to follow the ordinary high water level (OHWL) and in the event of change in the shoreline shall be construed as moving with the OHWL.

      7.   Boundaries indicated as approximately following the centerline of streams, rivers, canals or other bodies of water shall be construed to follow such centerlines.

      8.   Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two (2) districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the board of appeals and adjustments.

   C.   Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot may be interpreted by the Zoning Administrator upon request of the owner. (Ord. 2024-04, 6-4-2024)

   A.   Land annexed to the city subsequent to the effective date of this code shall be temporarily zoned into the R-1 District. Within a period of one (1) year from the date of annexation, the Planning Commission shall recommend to the City Council a final zoning map for the annexed territory. The Commission may recommend such final zoning map at the time of annexation. (Ord. 2024-04, 6-4-2024)

   A.   Lot Provisions:

      1.   Lots Of Record:

         a.   No lot of record shall be reduced in size below the district requirements of this title.

         b.   A lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided as follows:

         (1)   It fronts on a public street.

         (2)   Minimum requirements for private or public utility service are met.

         (3)   Evidence is presented that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time of the division of property.

      2.   One Building Per Lot: Except for PUD, or a multiple-unit residential project, not more than one (1) principal building shall be located on a lot.

      3.   Street Access Required: Every building hereafter erected shall be located on a lot having frontage on a public street as defined herein.

      4.   Sewer And Water, Single-Unit Dwellings: Single-unit dwellings which are not connected to the municipal sewer system shall be permitted only when the requirements for private on site sewer systems have been satisfied.

   B.   Yard Provisions:

      1.   Required Yards Or Other Open Space:

         a.   Reduction: If the existing yard or other open space is less than the minimum required by this title, it shall not be further reduced in area or dimension.

         b.   Relative To Other Buildings: No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard or other open space minimum requirements for any other building.

      2.   Permitted Yard Encroachments: The following encroachments into required yards shall be permitted:

         a.   Special Structural Elements: Special structural elements attached to the principal building such as chimneys, solar collectors, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves and gutters provided they do not extend more than two and one-half feet (2½') into a yard.

         b.   Yard Lights: Yard lights in R districts not closer than five feet (5') to the front lot line and lights in all districts for illuminating parking areas, loading areas, or yards for safety and security purposes provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

         c.   Decorative Landscaping: Decorative landscaping, trees, shrubs and other aesthetic or sculptural elements including arbors and trellises within the front, side, street side and rear yards except within sight triangles adjacent to intersections on corner lots.

         d.   Accessory Appendages:

         (1)   Terraces, steps and stoops to the front (main) entrance of a structure may encroach into the required front, street side, or side yards by not more than fifteen feet (15'). However, in no case shall they be closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.

         (2)   Balconies, decks, and uncovered porches may encroach into a required yard area as follows:

            (a)   Street Yards:

            (i)   If the balcony, deck, or uncovered porch is less than two feet (2') in height above finished grade (not including railings) measured vertically at the face of the principal structure, it may encroach into the required street front yard area fifteen feet (15').

            (ii)   Balconies, decks and uncovered porches higher than two feet (2') ay only encroach into required street front yards by five feet (5').

            (iii)   In no case shall any balcony, deck or uncovered porch be closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.

            (b)   Rear Yards: Fifteen feet (15') into a required rear yard area but no closer than fifteen feet (15') to a rear lot line or encroach into a utility easement, whichever is more restrictive.

            (c)   Side Yards: Five feet (5') into a required side yard area but no closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.

         (3)   Single-unit homes built prior to January 1, 1980, may have an open single-story porch that encroaches into the required front yard a distance not exceeding ten feet (10'), provided they maintain a minimum front yard setback of twenty feet (20').

            (a)   The ten feet (10') shall include the roofline, support columns, and steps.

            (b)   The porch area may have a railing, but not a solid wall, that conforms to the Minnesota state building code standards but shall not exceed 3.5 feet in height.

            (c)   The porch area shall not be enclosed nor screened with mesh, glass, or other similar material but may have dividers, spindles, or lattice no higher than 3.5 feet from the base of the porch with no more than fifty percent (50%) opacity.

         e.   Picnic Shelters, Gazebos, Recreation Equipment, etc.:

         (1)   Picnic shelters, gazebos, pool houses, stairs, fire escapes, and recreation equipment may be placed only in side or rear yard areas and shall conform to the requirements of subsection 11-6-7C "Accessory Structure".

         (2)   Recreational equipment such as basketball backstops, hockey nets, skateboard ramps (less than thirty-six inches (36") in overall height), bicycle ramps (less than thirty-six inches (36") in overall height), and other small recreational play equipment associated with residential use may be used and stored in the driveway area of a residence.

            (a)   No recreational play equipment may be stored or installed in the right-of-way, any easement, public or private street, cul-de-sac, alley, path, or sidewalk.

            (b)   Larger recreational equipment such as swimming pools, trampolines, or sport courts are not exempted.

      3.   Required Side And Rear Yard Enlargement:

         a.   Corner Lots: Where a side yard abuts a street which is adjacent to the front yard of one (1) or more residential lots on the same block, such side yards shall meet the front yard setback requirement of the district. The same yard dimension determined for such a side yard shall apply to structures in the rear yard.

         b.   Through Lots: Through lots shall provide the required front yard on both streets.

         c.   Commercial, Industrial, And Public Buildings: For commercial, industrial, and public buildings exceeding thirty-five feet (35') in height and located on a lot adjoining an R district, any such building shall be set back from the interior side or rear lot line abutting said R district a minimum of one (1) additional foot for each foot of building height in excess of thirty-five feet (35'). Where there is an intervening alley, one-half (1/2) the alley right-of-way may be subtracted from this computation.

         d.   Yards Abutting Dissimilar Districts: Rear or side yards for dissimilar abutting districts shall meet the requirements of the more restrictive of the two (2) districts.

      4.   Side Yards; Permitted Reduction: No side yard shall be required between attached housing units.

      5.   Front Yards; Permitted Reduction And Required Expansion:

         a.   Established Front Yards: Where forty percent (40%) or more of the lots on any block are developed with buildings, the average front yard for the block shall be computed.

         (1)   Established R District Front Yards: Where the average is less than the required front yard, the average or twenty feet (20'), whichever is greater, shall be the required front yard. Where the average is greater than the required front yard, the average shall be the required front yard.

         (2)   Established C District Front Yards: The average front yard shall be the required front yard.

      6.   Residential principal structures shall be set back a minimum of thirty feet (30') from any easement boundary intended for or containing high voltage transmission lines.

      7.   No accessory or principal structure shall be constructed within any easement.

      8.   Visibility At Intersections:

         a.   A minimum sight triangle shall be established on each corner lot at every street intersection through which motorists shall have reasonable unobstructed view.

         b.   The minimum sight triangle shall be defined as a triangle located at the corner of intersecting streets. The adjacent sides shall be located along the street right of way line (and adjacent property lines) of the intersecting streets and shall be twenty-five feet (25') in length. The third side shall be a straight line joining the end points of the adjacent sides.

         c.   The city shall have the authority to order the removal of vision obstructions located within the minimum sight triangle.

   C.   Outdoor Storage: Except as specifically authorized by this title, all equipment, merchandise, materials, supplies, unlicensed vehicles, junk vehicles, trash and junk, and finished and unfinished products shall be stored within structures as defined herein. This provision does not apply to clothesline poles, lawn furniture, picnic tables and playground equipment as associated with residential use. Construction materials may be stored outdoors only during construction, and such materials must be for use in construction on the property on which they are stored.

   D.   Building Provisions:

      1.   Height Regulations:

         a.   Permitted Exceptions: Except as specifically provided in the B-2, I-1, or I-2 districts, the following structural appurtenances shall be permitted to a height not to exceed twenty-five feet (25') in addition to the maximum height permitted for the district, provided they do not impair the solar access of buildings on adjoining properties and are not used for human occupancy or commercial enterprise:

         (1)   Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and flagpoles.

         (2)   Mechanical appurtenances such as chimneys, smokestacks, elevator and stairwell penthouses, antennas, transmission towers and other necessary structures.

      2.   Earth Sheltered Structures: Earth sheltered structures will be permitted on the basis of site conditions, which are conducive to such construction, or in areas where changes to existing site conditions are complementary to the site and adjacent properties and the existing character of property and structures in the area.

      3.   Temporary Dwellings:

         a.   The use and occupancy of a tent, RV, or other temporary dwelling for the purpose of living quarters is not permitted in any district.

         b.   Temporary Family Healthcare Dwellings: Pursuant to authority granted by Minn. Stat. § 462.3593, subdivision 9, the city of Rosemount opts out of the requirements of Minn. Stat. § 462.3593, which defines and regulates temporary family healthcare dwellings.

      4.   Underground Electrical Services:

         a.   Electric, phone, and cable distribution facilities serving any new building or structure served by municipal facilities shall be located underground.

         b.   Poles, wires, or other aboveground distribution facilities may only be temporarily installed during site construction or repair of the underground system.

         c.   No changes in the grade or contours of land above or adjacent to these facilities, once installed, shall be made without the approved written consent of the City Engineer and the utility company providing such services. (Ord. 2024-04, 6-4-2024)