This Section identifies yard, lot area, building size, and building type and height requirements in each zoning district.

A.

A building which actual height from the foundation to the top peak of any portion of the roof exceeds the allowable building height in the applicable zoning district by more than five feet or roof pitches of more than a 45-degree angle for those structures at the building height limitation may be allowed as a conditional use permit, provided that:

1.

The architectural appearance of the building shall not be so dissimilar to the existing neighboring buildings as to constitute a blighting influence within a reasonable distance of the lot.

2.

The construction does not limit solar access to abutting and/or neighboring properties.

3.

The provisions of Section 904.02.F, Conditional Uses, are considered and satisfactorily met.

B.

The building height limits established in each zoning district shall not apply to the following list of uninhabitable items, except that no such structural element may exceed 40 feet in total height or exceed the maximum height of the building by more than five feet, whichever is greater, except by conditional use permit:

1.

Belfries.

2.

Chimneys or flues.

3.

Minarets or spires.

4.

Cooling towers.

5.

Communication reception/transmission devices.

6.

Cupolas and domes which do not contain usable space.

7.

Elevator penthouses.

8.

Flag poles.

9.

Monuments.

10.

Parapet walls.

11.

Necessary mechanical and electrical appurtenances.

C.

Modifications to the site grading of a lot may not be undertaken as a means of achieving increased building height, unless approved by the City Engineer through the permit process as outlined in Section 916.04.D.

D.

As may be appropriate, applicants shall be required to submit a detailed survey for all new residential and non-residential structures to determine the Average Grade Plane. The Average Grade Plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building. The lowest elevation points for this calculation should be no more than 20 feet apart horizontally.

(Ord. No. 826 [5-25-2023])

A.

The requirements of the Design Standards shall be applied to properties located in the Lake Street District, Bluff District, and Wayzata Boulevard District, and Wayzata Boulevard as defined in Chapter 909 of this Ordinance.

B.

No galvanized or unfinished steel, galvalume or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district.

C.

Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the community's public health, safety and general welfare.

D.

Exterior building finishes shall consist of materials comparable in grade and quality to the following:

1.

Brick.

2.

Natural stone.

3.

Decorative concrete block.

4.

Cast in place concrete or precast concrete panels.

5.

Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

6.

Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

7.

Glass curtain wall panels.

8.

Stucco.

9.

Vinyl.

10.

Other materials as determined by the Zoning Administrator, but not including galvanized or unfinished metal.

(Ord. No. 826 [5-25-2023])

Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Ordinance. No required open space provided for any building or structure shall be included as part of any open space required for another structure.

A.

The following shall not be considered as encroachments on yard setback requirements:

1.

Cantilevers up to ten feet in width, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two and one-half feet into a required yard. Each cantilever must be separated by at least ten feet.

2.

Uncovered terraces, steps, decks, porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from a side yard and rear lot lines, or more than five feet into a required front yard. No encroachment shall be permitted in existing or required drainage and utility easements.

3.

In rear yards, recreational and laundry drying equipment, arbors and trellises, detached outdoor living rooms, and air conditioning or heating equipment not exceeding established State noise levels, provided they are at a distance of ten feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements.

4.

A one story entrance for a detached single family or duplex dwelling constructed prior to January 1, 1975, may extend into the front yard setback not exceeding five feet subject to the approval of a conditional use permit.

B.

Required Front Yard Setback Exceptions. In the case of lots platted prior to the date of this Ordinance, the required front yard setback as established by the respective zoning districts may be reduced, upon the approval of the Zoning Administrator, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than 15 feet, nor shall a principal structure be placed more than five feet beyond the setback of any principal structure on a directly abutting lot. The Zoning Administrator's approval shall be given as a matter of right if there is compliance with this Ordinance and any other applicable Ordinance.

C.

Corner Lots. Front yard requirements shall be observed on each street frontage of a corner lot. Where the rear boundary line of a corner lot is part of the side boundary of a residential lot no part of any structure or building on the corner lot shall exceed the front yard building setback required in that residential zoning district.

(Ord. No. 826 [5-25-2023])

Existing single family or two-family residential uses within R-4, R-5, INS, C-1, C-2, C-3 and C-4 Districts shall conform with R-3 District standards.

(Ord. No. 826 [5-25-2023])

A.

Single Family Dwelling Units. Except as otherwise specified in the zoning district provisions, single family homes as classified below shall have the following minimum floor areas per unit:

One Bedroom: 880 square feet above grade.

Two Bedroom. 960 square feet above grade.

Three Bedroom. 1040 square feet above grade.

B.

Multiple Dwelling Units. Except for elderly housing units, living units classified as multiple dwelling shall have the following minimum floor areas per unit:

Efficiency Units. 500 square feet.

One Bedroom Units. 700 square feet.

Two Bedroom Units. 900 square feet.

More than two-bedroom units. An additional 150 square feet for each additional bedroom.

C.

Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit:

Efficiency Units. 440 square feet.

One Bedroom Units. 520 square feet.

More than one-bedroom units. An additional 80 square feet for each additional bedroom.

D.

Two Family and Townhouses Dwelling Units. Except as otherwise specified in the zoning district provisions, two family, and townhouses dwelling units, as classified below, shall have the following minimum floor area per one bedroom unit:

Two Family. 650 square feet first floor above grade, plus 100 additional square feet for each additional bedroom.

Townhouses. 600 square feet first floor above grade, plus 100 additional square feet for each additional bedroom.

E.

Assisted Living or Memory Care Dwelling Units. Except as otherwise specified in the zoning district provisions, assisted living and memory care units as classified below shall have the following minimum floor areas per unit:

Units without Kitchen Facilities: 330 square feet

Units with Kitchen Facilities: 370 square feet

(Ord. No. 826 [5-25-2023])

The lot area per unit requirement for two family, townhouses, multiple family dwelling units and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership as per the specific zoning district regulation. Areas qualifying as wetlands pursuant to this Ordinance shall not be included in the calculation of total area.

(Ord. No. 826 [5-25-2023])

Except in the case of elderly (senior citizen) housing, memory care, or assisted living, each multiple family dwelling site shall contain at least 250 square feet of usable open space as defined in Section 902.02 of this Ordinance for each dwelling unit contained thereof.

(Ord. No. 826 [5-25-2023])

A.

No single townhouse structure shall contain more than five dwelling units.

B.

Minimum unit lot frontage for townhouses shall be not less than 20 feet.

C.

Subdivision of Two Family or Townhouse Lots. The subdivision of base lots containing two family dwellings or townhouses to permit individual private ownership of a single dwelling within such a structure is acceptable upon the approval by the City. Approval of a subdivision request is contingent on the following requirements:

1.

Two family and townhouse lots intended for owner occupancy shall be subdivided on an individual lot basis.

2.

Prior to a two family dwelling or townhouse subdivision, the base lot must meet all the requirements of the zoning district.

3.

Except for planned unit developments, there shall be no more than one principal structure on a base lot in all residential districts. The principal structure on the base lot created in a two family or townhouse subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lot.

4.

Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements.

5.

A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for review and approval. The agreement shall ensure the maintenance and upkeep of the structure and lots to meet minimum City standards. The agreement is to be filed with the Hennepin County Recorder's Office as a deed restriction against the title of each unit lot.

6.

Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer.

7.

The subdivision is to be platted and recorded in conformance to the requirements of the Subdivision Regulations of the City.

8.

Structural requirements of the Uniform Building Code at the time of subdivision are complied with.

D.

Subdivision of multiple family, two family duplex and other such units.

1.

The subdivision is to be platted and recorded in conformance with the requirements of the Subdivision Regulations of the City as applicable.

2.

The subdivision shall comply with applicable cooperative or condominium laws of the State of Minnesota.

(Ord. No. 826 [5-25-2023])

Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below:

A.

The minimum single family lot size is five acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to July 1, 1990, provided that it can be demonstrated by means satisfactory to the City that the small parcels will not result in groundwater, soil or other contamination which may endanger the public health.

B.

Commercial developments and multiple family dwellings are not allowable uses.

C.

Subject to the other provisions of the Zoning Ordinance other uses may be allowed by conditional use permit. The minimum lot size for each principal use is five acres. A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the City that the use:

1.

Will not result in groundwater, soil or other contamination which may endanger the public health.

2.

Will not increase future City utility service demands and expense.

3.

Will not jeopardize public safety and general welfare.

All single family detached homes shall.

A.

Be constructed upon a continuous perimeter foundation that meets the requirements of this Ordinance and Uniform Building Code.

B.

Shall not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls. Dwelling shall also meet the minimum floor area requirements as set out in this Ordinance.

C.

Have an earth covered, composition, shingled or tiled roof.

D.

Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety or general welfare.

E.

Meet the requirements of the State Uniform Building Code or the applicable manufactured housing code.

(Ord. No. 826 [5-25-2023])

Any multiple family dwelling over two stories in height shall be provided with elevator service.