Spring Lake Park City Zoning Code

16.16 RESIDENCE

DISTRICTS; USE REGULATIONS; REQUIREMENTS

16.16.010 Purpose And Intent

Purpose. The residence districts are established to accomplish the general purposes of this title and for the following specific purposes:
1. To preserve existing living qualities of residential neighborhoods;
2. To ensure future high quality amenities including, but not limited to, the provision of adequate light, air, privacy, and convenience of access to property;
3. To increase convenience and comfort by providing usable open space and recreation space on the same lot as the housing units they serve;
4. To prevent additions or alterations of structure which would damage the character or desirability of existing residential areas;
5. To protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic; and
6. To encourage a variety of dwelling types and a wide range of population densities with emphasis on home ownership.
Intent. The specific intent of each residential district is as follows.
1. R-1, single-family residence district. This district is intended to preserve, create, and enhance areas of exclusive single-family development where that development fits the Comprehensive Plan, and where two-family dwellings may be allowed by conditional use permit.
2. R-2, medium density residence district. This district is intended to provide for medium density residential use which stresses individually owned dwelling units to provide a transition between lower and higher densities and between incompatible land uses.
3. R-3, multiple-family residence district. This district is intended to provide a residence area in which multiple dwellings not exceeding six units per building may be allowed, except by conditional use permit.

16.16.020 Permitted Uses

The uses as set forth in SLPC 16.64.040 App. D are allowed in the various residential districts either as permitted, accessory, or conditional uses.
Pursuant to authority granted by M.S.§ 462.3593, Subd. 9, the city opts out of the requirements of M.S.§ 462.3593, which defines and regulates temporary family health care dwellings.

16.16.030 Lot Area Allowance In R-3

The following lot area allowances are to be applied to the minimum lot area requirements in SLPC 16.64.040 App. D. The maximum lot area allowances shall not exceed 1,000 square feet, based on the following schedule.
1. For each parking space provided within the building or underground, subtract 300 square feet.
2. If the site upon which the multiple dwelling is being constructed or the adjacent site is zoned for a commercial use, subtract 300 square feet.
3. If the adjacent site is zoned an R-1 residence district, add 300 square feet, per unit, for that portion of the multiple-dwelling site within 150 feet of the residence district.
4. If the total lot coverage is less than 20%, subtract 150 square feet per unit.
5. In a case where it is necessary to raze an existing principal structure and where the existing structure is in a dilapidated condition, or where the building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section.

16.16.040 General Use Regulations

In every dwelling unit hereafter erected, there shall be at least three rooms used for living.
Buildings or parts of buildings used for garages, sheds, and agricultural buildings shall not exceed 1,200 square feet in area or one story in height. No part of a detached accessory building shall exceed 15 feet above grade.
The city authorizes the placement of manufactured housing on residential lots within the city provided that the manufactured housing complies with the following conditions:
1. The manufactured housing shall be built in conformity with M.S. §§ 327.31 - 327.35, as they may be amended from time to time;
2. The manufactured housing shall comply with all other zoning standards and regulations for the district;
3. The manufactured housing shall be placed on the same type of permanent foundation as required of other traditional housing in the district;
4. No manufactured housing shall have a width of less than 20 feet at its narrowest point; and
5. Building permits as required by the city shall be obtained for the placement of manufactured housing.

16.16.050 Single- And Two-Family Residence Requirements

Minimum sizes.
1. The following minimum floor area, exclusive of porches, attics, basements, cellars, and crawl spaces, shall apply to all dwelling houses constructed:
  1. One-story houses: 960 square feet;
  2. Split level or split entry houses: 800 square feet;
  3. One and one-half story houses: first floor, 700 square feet; and
  4. Two-story houses: first floor, 600 square feet; and second floor, 600 square feet.
2. For purposes of computing the minimum areas set down in Paragraph A,1, only those areas having a ceiling height of seven feet, six inches or more will be considered. The area of split level or split entry houses shall be computed on the basis of the largest horizontal area of the structure; and when one habitable area lies directly above another habitable area, only the larger area may be used to compute areas as prescribed in this section.
Garages. A single-car garage shall be required which shall have a minimum of 300 square feet of floor area.
Roof pitch. The minimum roof pitch for single- and two-family residences shall be 3:12. Any alteration of this roof pitch standard must be through the formal variance procedure.

16.16.060 Medium Density Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. One-bedroom: 700 square feet;
  2. Two-bedroom: 800 square feet; and
  3. Three-bedroom: 960 square feet.
2. For purposes of measurement, the net floor area of a dwelling unit shall be that area within a building used as an individual dwelling unit, and shall be measured from the outside of exterior walls to the center of interior partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or storage area not within the dwelling unit.
Design requirements. Construction of medium density dwellings is allowed in certain districts by a conditional use permit approved by the Planning Commission and the City Council after review of the plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 in the manner prescribed in SLPC 16.56.010, regarding conditional use permits.

16.16.070 Multiple-Family Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. Efficiency: 600 square feet;
  2. One-bedroom: 700 square feet;
  3. Two-bedroom: 800 square feet; and
  4. Three-bedroom: 900 square feet.
2. For the purposes of measurement, the net floor area of a dwelling unit shall mean that area within a building used as a single dwelling unit, and shall be measured from the inside walls to the center of partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or unenclosed public porches, separate utility rooms, furnace areas or rooms, storage areas not within the apartment, or garages.
Design and construction requirements.
1. Design review. A conditional use permit for a multiple dwelling must be approved by the Planning Commission and the City Council after review of the plans set forth in SLPC 16.16.080 Paragraph B. The Planning Commission and City Council may designate conditions or guarantees in connection therewith as will secure substantially the provisions of the district.
2. Building design and construction. In addition to the requirements of SLPC 16.16.040, building design and construction shall meet the following provisions.
  1. A conditional use permit for a multiple-dwelling building containing four or more dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in this state stating that the design of the building and site have been prepared under his or her direct supervision. Any building of Type I or Type II construction as provided in the State Building Code shall have its electrical, mechanical, and structural systems designed by registered engineers. Provisions of this paragraph shall in no way prohibit the preparation of the site plan by a professional site planner.
  2. The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, such as parking, circulation, recreation, landscaping, screening, building, storage, and the like, so that no portion remains unconsidered.
  3. Illuminated pedestrian walkways shall be provided from parking areas, garages, loading zones, and recreation areas to the entrances of the buildings.
  4. All exterior wall finishes on any principal or accessory buildings shall be any single one or a combination of the following:
    1. Face brick;
    2. Natural stone;
    3. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;
    4. Factory fabricated and finished metal framed panel construction, if the panels consist of any of the materials named above, or glass, prefinished metal (other than unpainted galvanized iron) or plastic; or
    5. Other materials as may be approved by the Planning Commission.
  5. Building facings shall be of similar material and consistent architectural design.
  6. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.
  7. At least 50% of all units shall be one-bedroom; no unit shall consist of more than three bedrooms.
3. Plans. All plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 shall be required for multiple dwellings.
4. Type of construction. Any building more than two and one-half stories in height shall be of Type I or Type II construction as provided in the State Building Code as incorporated by reference by this code.
5. Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:
  1. One-bedroom unit: ten lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  2. Two-bedroom unit: 24 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  3. Three-bedroom unit: 38 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling unit; and
  4. Only closet space having a minimum clear finish to finish depth of two feet, zero inches, shall be considered in determining the lineal feet of closet provided.
6. Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid care construction and include gaskets and closure plates. Room relationship, hallway designs, door and window placements, and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.
7. Projecting air conditioning and heating units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four inches beyond the exterior finish of a building shall be permitted only with the consent of the Building Inspector, which shall be given when the building structural systems prevent compliance.
8. Trash receptacles and garbage. All trash receptacles must be screened on at least three sides and not visible from any public right-of-way.
9. Accessory buildings. Accessory buildings shall observe the same setback requirements established for the residence building except that accessory buildings located within the rear yard of the multiple-residence building may be located to within five feet of the rear or interior side property line. The City Council may require common walls that will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure.
10. Parking and loading. In addition to the requirements of SLPC 16.40.010 App. A, the following regulations shall apply to parking and loading for multiple dwellings:
  1. Parking areas shall have six-inch concrete curbs defining the perimeter; and
  2. Parking and loading areas shall be a reasonable distance from building (other than service) entrances to facilitate moving of household furnishings.
11. Recreation and open space. Each multiple-family dwelling unit containing four or more units shall include a recreation area. Such a recreation area may consist partially of appropriately landscaped open space and shall include a play area, a portion of which shall contain a paved surface. These recreation areas shall consist of not less than 20% of the gross area of the property and shall consist principally of land within the building setback lines. In addition, the city shall require a fee per or a donation of land, provided the land is acceptable to the Planning Commission and the City Council, consistent with SLPC 14.12.050.

16.16.080 Cluster Development

Purpose. The purpose of cluster developments is to make provision for residential cluster projects on large tracts of land under single or unified ownership. These residential subdivision unit projects will allow modification of individual lot area and width requirements. Residential clusters shall be developed in accordance with an overall design and integrated development plan in accordance with SLPC 15.08, regulating subdivisions, and the Comprehensive Plan. The project shall be consistent with the intent and purpose of this title and shall not adversely affect the property adjacent to the land area included in the project.
Regulations.
1. The minimum area of land to be included in a cluster development project shall be five acres.
2. With the exception of individual lot area and setback requirements, the cluster development shall conform to the density requirements of the district in which it is to be located.
3. The cluster development project shall submit a preliminary subdivision plat and site plan, along with an application for a conditional use permit to the Planning Commission and City Council. The preliminary plat and site plan shall conform to the provisions of this chapter and SLPC 14. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The site plan shall include:
  1. Proposed roadways, type and capacity of paving;
  2. The proposed site and existing adjacent development;
  3. The size and location of buildings;
  4. Landscaping;
  5. Parking areas and arrangements of stalls;
  6. Site and lot dimensions;
  7. The allocation and disposition of park and open space; and
  8. A relief drawing of the general building design or theme intended for all buildings other than single- and two-family units.
4. Should the special use permit for the preliminary plat and site plan be approved, the preliminary plat and site plan shall be attached to and become part of the special use permit. Any modification of the preliminary plat or site plan shall require a resubmission to and approval by the Planning Commission and City Council.
5. Should the conditional use permit be approved, the final plat shall be submitted to the city in accordance with SLPC 14 and the provisions of this title.

Spring Lake Park City Zoning Code

16.16 RESIDENCE

DISTRICTS; USE REGULATIONS; REQUIREMENTS

16.16.010 Purpose And Intent

Purpose. The residence districts are established to accomplish the general purposes of this title and for the following specific purposes:
1. To preserve existing living qualities of residential neighborhoods;
2. To ensure future high quality amenities including, but not limited to, the provision of adequate light, air, privacy, and convenience of access to property;
3. To increase convenience and comfort by providing usable open space and recreation space on the same lot as the housing units they serve;
4. To prevent additions or alterations of structure which would damage the character or desirability of existing residential areas;
5. To protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic; and
6. To encourage a variety of dwelling types and a wide range of population densities with emphasis on home ownership.
Intent. The specific intent of each residential district is as follows.
1. R-1, single-family residence district. This district is intended to preserve, create, and enhance areas of exclusive single-family development where that development fits the Comprehensive Plan, and where two-family dwellings may be allowed by conditional use permit.
2. R-2, medium density residence district. This district is intended to provide for medium density residential use which stresses individually owned dwelling units to provide a transition between lower and higher densities and between incompatible land uses.
3. R-3, multiple-family residence district. This district is intended to provide a residence area in which multiple dwellings not exceeding six units per building may be allowed, except by conditional use permit.

16.16.020 Permitted Uses

The uses as set forth in SLPC 16.64.040 App. D are allowed in the various residential districts either as permitted, accessory, or conditional uses.
Pursuant to authority granted by M.S.§ 462.3593, Subd. 9, the city opts out of the requirements of M.S.§ 462.3593, which defines and regulates temporary family health care dwellings.

16.16.030 Lot Area Allowance In R-3

The following lot area allowances are to be applied to the minimum lot area requirements in SLPC 16.64.040 App. D. The maximum lot area allowances shall not exceed 1,000 square feet, based on the following schedule.
1. For each parking space provided within the building or underground, subtract 300 square feet.
2. If the site upon which the multiple dwelling is being constructed or the adjacent site is zoned for a commercial use, subtract 300 square feet.
3. If the adjacent site is zoned an R-1 residence district, add 300 square feet, per unit, for that portion of the multiple-dwelling site within 150 feet of the residence district.
4. If the total lot coverage is less than 20%, subtract 150 square feet per unit.
5. In a case where it is necessary to raze an existing principal structure and where the existing structure is in a dilapidated condition, or where the building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section.

16.16.040 General Use Regulations

In every dwelling unit hereafter erected, there shall be at least three rooms used for living.
Buildings or parts of buildings used for garages, sheds, and agricultural buildings shall not exceed 1,200 square feet in area or one story in height. No part of a detached accessory building shall exceed 15 feet above grade.
The city authorizes the placement of manufactured housing on residential lots within the city provided that the manufactured housing complies with the following conditions:
1. The manufactured housing shall be built in conformity with M.S. §§ 327.31 - 327.35, as they may be amended from time to time;
2. The manufactured housing shall comply with all other zoning standards and regulations for the district;
3. The manufactured housing shall be placed on the same type of permanent foundation as required of other traditional housing in the district;
4. No manufactured housing shall have a width of less than 20 feet at its narrowest point; and
5. Building permits as required by the city shall be obtained for the placement of manufactured housing.

16.16.050 Single- And Two-Family Residence Requirements

Minimum sizes.
1. The following minimum floor area, exclusive of porches, attics, basements, cellars, and crawl spaces, shall apply to all dwelling houses constructed:
  1. One-story houses: 960 square feet;
  2. Split level or split entry houses: 800 square feet;
  3. One and one-half story houses: first floor, 700 square feet; and
  4. Two-story houses: first floor, 600 square feet; and second floor, 600 square feet.
2. For purposes of computing the minimum areas set down in Paragraph A,1, only those areas having a ceiling height of seven feet, six inches or more will be considered. The area of split level or split entry houses shall be computed on the basis of the largest horizontal area of the structure; and when one habitable area lies directly above another habitable area, only the larger area may be used to compute areas as prescribed in this section.
Garages. A single-car garage shall be required which shall have a minimum of 300 square feet of floor area.
Roof pitch. The minimum roof pitch for single- and two-family residences shall be 3:12. Any alteration of this roof pitch standard must be through the formal variance procedure.

16.16.060 Medium Density Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. One-bedroom: 700 square feet;
  2. Two-bedroom: 800 square feet; and
  3. Three-bedroom: 960 square feet.
2. For purposes of measurement, the net floor area of a dwelling unit shall be that area within a building used as an individual dwelling unit, and shall be measured from the outside of exterior walls to the center of interior partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or storage area not within the dwelling unit.
Design requirements. Construction of medium density dwellings is allowed in certain districts by a conditional use permit approved by the Planning Commission and the City Council after review of the plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 in the manner prescribed in SLPC 16.56.010, regarding conditional use permits.

16.16.070 Multiple-Family Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. Efficiency: 600 square feet;
  2. One-bedroom: 700 square feet;
  3. Two-bedroom: 800 square feet; and
  4. Three-bedroom: 900 square feet.
2. For the purposes of measurement, the net floor area of a dwelling unit shall mean that area within a building used as a single dwelling unit, and shall be measured from the inside walls to the center of partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or unenclosed public porches, separate utility rooms, furnace areas or rooms, storage areas not within the apartment, or garages.
Design and construction requirements.
1. Design review. A conditional use permit for a multiple dwelling must be approved by the Planning Commission and the City Council after review of the plans set forth in SLPC 16.16.080 Paragraph B. The Planning Commission and City Council may designate conditions or guarantees in connection therewith as will secure substantially the provisions of the district.
2. Building design and construction. In addition to the requirements of SLPC 16.16.040, building design and construction shall meet the following provisions.
  1. A conditional use permit for a multiple-dwelling building containing four or more dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in this state stating that the design of the building and site have been prepared under his or her direct supervision. Any building of Type I or Type II construction as provided in the State Building Code shall have its electrical, mechanical, and structural systems designed by registered engineers. Provisions of this paragraph shall in no way prohibit the preparation of the site plan by a professional site planner.
  2. The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, such as parking, circulation, recreation, landscaping, screening, building, storage, and the like, so that no portion remains unconsidered.
  3. Illuminated pedestrian walkways shall be provided from parking areas, garages, loading zones, and recreation areas to the entrances of the buildings.
  4. All exterior wall finishes on any principal or accessory buildings shall be any single one or a combination of the following:
    1. Face brick;
    2. Natural stone;
    3. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;
    4. Factory fabricated and finished metal framed panel construction, if the panels consist of any of the materials named above, or glass, prefinished metal (other than unpainted galvanized iron) or plastic; or
    5. Other materials as may be approved by the Planning Commission.
  5. Building facings shall be of similar material and consistent architectural design.
  6. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.
  7. At least 50% of all units shall be one-bedroom; no unit shall consist of more than three bedrooms.
3. Plans. All plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 shall be required for multiple dwellings.
4. Type of construction. Any building more than two and one-half stories in height shall be of Type I or Type II construction as provided in the State Building Code as incorporated by reference by this code.
5. Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:
  1. One-bedroom unit: ten lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  2. Two-bedroom unit: 24 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  3. Three-bedroom unit: 38 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling unit; and
  4. Only closet space having a minimum clear finish to finish depth of two feet, zero inches, shall be considered in determining the lineal feet of closet provided.
6. Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid care construction and include gaskets and closure plates. Room relationship, hallway designs, door and window placements, and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.
7. Projecting air conditioning and heating units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four inches beyond the exterior finish of a building shall be permitted only with the consent of the Building Inspector, which shall be given when the building structural systems prevent compliance.
8. Trash receptacles and garbage. All trash receptacles must be screened on at least three sides and not visible from any public right-of-way.
9. Accessory buildings. Accessory buildings shall observe the same setback requirements established for the residence building except that accessory buildings located within the rear yard of the multiple-residence building may be located to within five feet of the rear or interior side property line. The City Council may require common walls that will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure.
10. Parking and loading. In addition to the requirements of SLPC 16.40.010 App. A, the following regulations shall apply to parking and loading for multiple dwellings:
  1. Parking areas shall have six-inch concrete curbs defining the perimeter; and
  2. Parking and loading areas shall be a reasonable distance from building (other than service) entrances to facilitate moving of household furnishings.
11. Recreation and open space. Each multiple-family dwelling unit containing four or more units shall include a recreation area. Such a recreation area may consist partially of appropriately landscaped open space and shall include a play area, a portion of which shall contain a paved surface. These recreation areas shall consist of not less than 20% of the gross area of the property and shall consist principally of land within the building setback lines. In addition, the city shall require a fee per or a donation of land, provided the land is acceptable to the Planning Commission and the City Council, consistent with SLPC 14.12.050.

16.16.080 Cluster Development

Purpose. The purpose of cluster developments is to make provision for residential cluster projects on large tracts of land under single or unified ownership. These residential subdivision unit projects will allow modification of individual lot area and width requirements. Residential clusters shall be developed in accordance with an overall design and integrated development plan in accordance with SLPC 15.08, regulating subdivisions, and the Comprehensive Plan. The project shall be consistent with the intent and purpose of this title and shall not adversely affect the property adjacent to the land area included in the project.
Regulations.
1. The minimum area of land to be included in a cluster development project shall be five acres.
2. With the exception of individual lot area and setback requirements, the cluster development shall conform to the density requirements of the district in which it is to be located.
3. The cluster development project shall submit a preliminary subdivision plat and site plan, along with an application for a conditional use permit to the Planning Commission and City Council. The preliminary plat and site plan shall conform to the provisions of this chapter and SLPC 14. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The site plan shall include:
  1. Proposed roadways, type and capacity of paving;
  2. The proposed site and existing adjacent development;
  3. The size and location of buildings;
  4. Landscaping;
  5. Parking areas and arrangements of stalls;
  6. Site and lot dimensions;
  7. The allocation and disposition of park and open space; and
  8. A relief drawing of the general building design or theme intended for all buildings other than single- and two-family units.
4. Should the special use permit for the preliminary plat and site plan be approved, the preliminary plat and site plan shall be attached to and become part of the special use permit. Any modification of the preliminary plat or site plan shall require a resubmission to and approval by the Planning Commission and City Council.
5. Should the conditional use permit be approved, the final plat shall be submitted to the city in accordance with SLPC 14 and the provisions of this title.

Spring Lake Park City Zoning Code

16.16 RESIDENCE

DISTRICTS; USE REGULATIONS; REQUIREMENTS

16.16.010 Purpose And Intent

Purpose. The residence districts are established to accomplish the general purposes of this title and for the following specific purposes:
1. To preserve existing living qualities of residential neighborhoods;
2. To ensure future high quality amenities including, but not limited to, the provision of adequate light, air, privacy, and convenience of access to property;
3. To increase convenience and comfort by providing usable open space and recreation space on the same lot as the housing units they serve;
4. To prevent additions or alterations of structure which would damage the character or desirability of existing residential areas;
5. To protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic; and
6. To encourage a variety of dwelling types and a wide range of population densities with emphasis on home ownership.
Intent. The specific intent of each residential district is as follows.
1. R-1, single-family residence district. This district is intended to preserve, create, and enhance areas of exclusive single-family development where that development fits the Comprehensive Plan, and where two-family dwellings may be allowed by conditional use permit.
2. R-2, medium density residence district. This district is intended to provide for medium density residential use which stresses individually owned dwelling units to provide a transition between lower and higher densities and between incompatible land uses.
3. R-3, multiple-family residence district. This district is intended to provide a residence area in which multiple dwellings not exceeding six units per building may be allowed, except by conditional use permit.

16.16.020 Permitted Uses

The uses as set forth in SLPC 16.64.040 App. D are allowed in the various residential districts either as permitted, accessory, or conditional uses.
Pursuant to authority granted by M.S.§ 462.3593, Subd. 9, the city opts out of the requirements of M.S.§ 462.3593, which defines and regulates temporary family health care dwellings.

16.16.030 Lot Area Allowance In R-3

The following lot area allowances are to be applied to the minimum lot area requirements in SLPC 16.64.040 App. D. The maximum lot area allowances shall not exceed 1,000 square feet, based on the following schedule.
1. For each parking space provided within the building or underground, subtract 300 square feet.
2. If the site upon which the multiple dwelling is being constructed or the adjacent site is zoned for a commercial use, subtract 300 square feet.
3. If the adjacent site is zoned an R-1 residence district, add 300 square feet, per unit, for that portion of the multiple-dwelling site within 150 feet of the residence district.
4. If the total lot coverage is less than 20%, subtract 150 square feet per unit.
5. In a case where it is necessary to raze an existing principal structure and where the existing structure is in a dilapidated condition, or where the building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section.

16.16.040 General Use Regulations

In every dwelling unit hereafter erected, there shall be at least three rooms used for living.
Buildings or parts of buildings used for garages, sheds, and agricultural buildings shall not exceed 1,200 square feet in area or one story in height. No part of a detached accessory building shall exceed 15 feet above grade.
The city authorizes the placement of manufactured housing on residential lots within the city provided that the manufactured housing complies with the following conditions:
1. The manufactured housing shall be built in conformity with M.S. §§ 327.31 - 327.35, as they may be amended from time to time;
2. The manufactured housing shall comply with all other zoning standards and regulations for the district;
3. The manufactured housing shall be placed on the same type of permanent foundation as required of other traditional housing in the district;
4. No manufactured housing shall have a width of less than 20 feet at its narrowest point; and
5. Building permits as required by the city shall be obtained for the placement of manufactured housing.

16.16.050 Single- And Two-Family Residence Requirements

Minimum sizes.
1. The following minimum floor area, exclusive of porches, attics, basements, cellars, and crawl spaces, shall apply to all dwelling houses constructed:
  1. One-story houses: 960 square feet;
  2. Split level or split entry houses: 800 square feet;
  3. One and one-half story houses: first floor, 700 square feet; and
  4. Two-story houses: first floor, 600 square feet; and second floor, 600 square feet.
2. For purposes of computing the minimum areas set down in Paragraph A,1, only those areas having a ceiling height of seven feet, six inches or more will be considered. The area of split level or split entry houses shall be computed on the basis of the largest horizontal area of the structure; and when one habitable area lies directly above another habitable area, only the larger area may be used to compute areas as prescribed in this section.
Garages. A single-car garage shall be required which shall have a minimum of 300 square feet of floor area.
Roof pitch. The minimum roof pitch for single- and two-family residences shall be 3:12. Any alteration of this roof pitch standard must be through the formal variance procedure.

16.16.060 Medium Density Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. One-bedroom: 700 square feet;
  2. Two-bedroom: 800 square feet; and
  3. Three-bedroom: 960 square feet.
2. For purposes of measurement, the net floor area of a dwelling unit shall be that area within a building used as an individual dwelling unit, and shall be measured from the outside of exterior walls to the center of interior partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or storage area not within the dwelling unit.
Design requirements. Construction of medium density dwellings is allowed in certain districts by a conditional use permit approved by the Planning Commission and the City Council after review of the plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 in the manner prescribed in SLPC 16.56.010, regarding conditional use permits.

16.16.070 Multiple-Family Residence Requirements

Minimum dwelling unit floor area.
1. The minimum floor area for each dwelling unit shall be as follows:
  1. Efficiency: 600 square feet;
  2. One-bedroom: 700 square feet;
  3. Two-bedroom: 800 square feet; and
  4. Three-bedroom: 900 square feet.
2. For the purposes of measurement, the net floor area of a dwelling unit shall mean that area within a building used as a single dwelling unit, and shall be measured from the inside walls to the center of partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or unenclosed public porches, separate utility rooms, furnace areas or rooms, storage areas not within the apartment, or garages.
Design and construction requirements.
1. Design review. A conditional use permit for a multiple dwelling must be approved by the Planning Commission and the City Council after review of the plans set forth in SLPC 16.16.080 Paragraph B. The Planning Commission and City Council may designate conditions or guarantees in connection therewith as will secure substantially the provisions of the district.
2. Building design and construction. In addition to the requirements of SLPC 16.16.040, building design and construction shall meet the following provisions.
  1. A conditional use permit for a multiple-dwelling building containing four or more dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in this state stating that the design of the building and site have been prepared under his or her direct supervision. Any building of Type I or Type II construction as provided in the State Building Code shall have its electrical, mechanical, and structural systems designed by registered engineers. Provisions of this paragraph shall in no way prohibit the preparation of the site plan by a professional site planner.
  2. The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, such as parking, circulation, recreation, landscaping, screening, building, storage, and the like, so that no portion remains unconsidered.
  3. Illuminated pedestrian walkways shall be provided from parking areas, garages, loading zones, and recreation areas to the entrances of the buildings.
  4. All exterior wall finishes on any principal or accessory buildings shall be any single one or a combination of the following:
    1. Face brick;
    2. Natural stone;
    3. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;
    4. Factory fabricated and finished metal framed panel construction, if the panels consist of any of the materials named above, or glass, prefinished metal (other than unpainted galvanized iron) or plastic; or
    5. Other materials as may be approved by the Planning Commission.
  5. Building facings shall be of similar material and consistent architectural design.
  6. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.
  7. At least 50% of all units shall be one-bedroom; no unit shall consist of more than three bedrooms.
3. Plans. All plans specified in SLPC 16.56.030 Paragraphs B,1 and B,2 shall be required for multiple dwellings.
4. Type of construction. Any building more than two and one-half stories in height shall be of Type I or Type II construction as provided in the State Building Code as incorporated by reference by this code.
5. Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:
  1. One-bedroom unit: ten lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  2. Two-bedroom unit: 24 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling building;
  3. Three-bedroom unit: 38 lineal feet of closet space within the individual dwelling unit plus 50 square feet of bulk storage within the multiple-dwelling unit; and
  4. Only closet space having a minimum clear finish to finish depth of two feet, zero inches, shall be considered in determining the lineal feet of closet provided.
6. Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid care construction and include gaskets and closure plates. Room relationship, hallway designs, door and window placements, and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.
7. Projecting air conditioning and heating units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four inches beyond the exterior finish of a building shall be permitted only with the consent of the Building Inspector, which shall be given when the building structural systems prevent compliance.
8. Trash receptacles and garbage. All trash receptacles must be screened on at least three sides and not visible from any public right-of-way.
9. Accessory buildings. Accessory buildings shall observe the same setback requirements established for the residence building except that accessory buildings located within the rear yard of the multiple-residence building may be located to within five feet of the rear or interior side property line. The City Council may require common walls that will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure.
10. Parking and loading. In addition to the requirements of SLPC 16.40.010 App. A, the following regulations shall apply to parking and loading for multiple dwellings:
  1. Parking areas shall have six-inch concrete curbs defining the perimeter; and
  2. Parking and loading areas shall be a reasonable distance from building (other than service) entrances to facilitate moving of household furnishings.
11. Recreation and open space. Each multiple-family dwelling unit containing four or more units shall include a recreation area. Such a recreation area may consist partially of appropriately landscaped open space and shall include a play area, a portion of which shall contain a paved surface. These recreation areas shall consist of not less than 20% of the gross area of the property and shall consist principally of land within the building setback lines. In addition, the city shall require a fee per or a donation of land, provided the land is acceptable to the Planning Commission and the City Council, consistent with SLPC 14.12.050.

16.16.080 Cluster Development

Purpose. The purpose of cluster developments is to make provision for residential cluster projects on large tracts of land under single or unified ownership. These residential subdivision unit projects will allow modification of individual lot area and width requirements. Residential clusters shall be developed in accordance with an overall design and integrated development plan in accordance with SLPC 15.08, regulating subdivisions, and the Comprehensive Plan. The project shall be consistent with the intent and purpose of this title and shall not adversely affect the property adjacent to the land area included in the project.
Regulations.
1. The minimum area of land to be included in a cluster development project shall be five acres.
2. With the exception of individual lot area and setback requirements, the cluster development shall conform to the density requirements of the district in which it is to be located.
3. The cluster development project shall submit a preliminary subdivision plat and site plan, along with an application for a conditional use permit to the Planning Commission and City Council. The preliminary plat and site plan shall conform to the provisions of this chapter and SLPC 14. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The site plan shall include:
  1. Proposed roadways, type and capacity of paving;
  2. The proposed site and existing adjacent development;
  3. The size and location of buildings;
  4. Landscaping;
  5. Parking areas and arrangements of stalls;
  6. Site and lot dimensions;
  7. The allocation and disposition of park and open space; and
  8. A relief drawing of the general building design or theme intended for all buildings other than single- and two-family units.
4. Should the special use permit for the preliminary plat and site plan be approved, the preliminary plat and site plan shall be attached to and become part of the special use permit. Any modification of the preliminary plat or site plan shall require a resubmission to and approval by the Planning Commission and City Council.
5. Should the conditional use permit be approved, the final plat shall be submitted to the city in accordance with SLPC 14 and the provisions of this title.