7.1. PCSR 12-20-2022Request for Action
To Item Number
Planning Commission 7.1
Agenda Section Meeting Date Prepared by
Work Session December 20, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Proposed Zone Changes and Ordinance Zack Carlton, Community Development Director
Amendments – Residential Zones
Reviewed by
Action Requested
Review the current and proposed ordinances and zone change exhibits. Staff is not seeking direction at this
meeting but will return in January 2023 for a larger discussion regarding the proposed changes.
Background/Discussion
At the July 26, 2022, Planning Commission Work Session, staff summarized that during the Comprehensive Plan
update, the FAST land use designation was removed and the properties within that designation were reassigned
new land use designations of Mixed Residential, Multifamily, Highway Business, Business Park, and
Neighborhood Commercial. The current zoning of these properties is still Focused Area Study (FAST) and need
to be rezoned to match their underlying land use.
The reasons for these proposed changes (land use and zoning) in the FAST district was to provide more common
zoning districts as the current FAST ordinance is difficult for the public to navigate and understand. Staff
presented an exhibit showing the proposed changes. It was the consensus of the commission to alleviate the FAST
district and rezone the area into common zoning districts.
The Comprehensive Plan also points towards the creation of a new or significantly changed residential zoning
districts. Staff also requested feedback on combining the R-1b, R-1c, and R-1d districts into one zoning district.
The difference between these three districts are minor lot size and setback changes. It was the consensus of the
Planning Commission to support this change. The proposed amendment, creating the R2 Traditional Single-
Family Residential district, combines these three districts and utilizes their smallest lot size and setbacks thus not
creating any legal non-conforming parcels.
The R-3 townhouse district is proposed to no longer be recognized as an independent zoning district. Townhouse
uses will be absorbed into the newly proposed R2 and R3 districts. The current R-3 performance standards will
continue to be referenced for future townhouse developments. Existing properties developed prior to the
adoption of this proposed amendment would be allowed to continue with their previously established
performance standards.
Staff has drafted or modified language for four residential zoning districts as outlined:
1. R1 Rural Residential
Drafted to reflect our current R-1a district which has a 2 ½ acre minimum lot size without city services.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
2. R2 Traditional Single-Family Residential
Drafted to reflect and combine our current R1b-d, R2a-b, & R3 districts urban service parcels. Per the
Comprehensive Plan, this district also encourages a gentle increase in density by allowing redevelopment in
support of smaller multiple family structures. The goal is to increase housing diversity and improve
affordability within existing neighborhoods.
3. R3 Compact Single-Family Residential
This is a new proposed district based on our current smaller lot/PUD subdivisions such as Miske
Meadows and Tall Pines. It is anticipated that much of the city’s new development will be of this
development model. Townhouses are permitted in the district but would be distributed throughout a
project versus concentrated in one area. Staff’s desire is to codify most/all our residential PUDs and is
reviewing this option with the city attorney.
4. R4 Multi-Family Residential
This district is remaining the same with only a title change.
During this first meeting, staff is looking to have a discussion to improve the commission’s understanding of the
current proposal, to aid in your review and our discussion during the January 2023 Planning Commission meeting.
Financial Impact
None
Attachments
Current Ordinances for Various Zoning Districts
Propose Ordinances for New Zoning Districts
Zoning Comparison Exhibits
Land Use Map
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Sec. 30-991. R-1 districts. This is our current R1a district (2 ½ acre) – well and septic
(a) Purpose.
(1) Generally. The R-1 residential districts are established to accomplish the general purposes of this article
and for the following specific purposes:
a. Preserve living qualities of residential neighborhoods.
b. Ensure future high quality amenities, including, but not limited to, the provision of adequate
light, air, privacy, and convenience of access to property.
c. Increase convenience and comfort by providing usable open space and recreation space on or
near the housing units they serve.
d. Prevent additions or alterations of structures which would damage the character or desirability of
existing residential areas.
e. Protect residential areas, to the extent possible and appropriate in each area, against unduly
heavy motor vehicle traffic.
f. Encourage a variety and range of dwelling types and a wide range of population densities with
emphasis on home ownership.
(2) R-1a district. The rural residential district is intended to allow for a rural lifestyle by permitting low
density residential development in areas that are marginal or nonfeasible for agriculture. The R-1a
district is intended to be primarily a residential district, but may also accommodate agriculture-related
and accessory uses. This is the general area of the city which is not primarily suited to farming due to
soil conditions, slope, tree cover, and other physical features better suited for non-farm housing and
related accessory uses.
(3) R-1b district. This district is intended to provide land for attractive and diverse low density single-family
residential development, and to primarily contain detached low density single-family residential
developments and low density planned unit development. Subdivisions utilizing on-site sewage
disposal systems and private water wells cannot exceed one single-family residence per gross acre.
Construction of on-site sewage disposal systems shall not be permitted on adjoining lots. Streets and
other improvements may be temporary in nature as approved by the city council.
(4) R-1c district. This district is intended to provide single-family residences in areas with full municipal
public sanitary sewers, storm sewers, and municipal water in areas that are a continuation of existing
residential development patterns and the infilling of existing lots in established areas.
(5) R-1d district. This district is intended to provide single-family residential districts with larger lots and
higher quality housing types in areas with full municipal public sewers, storm sewers, and municipal
water in areas that possess significant natural features, including vegetation, wetlands, and
topographic features. This district is intended to encourage the design of subdivisions that protect
natural features while providing high quality housing sites.
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(1) Agricultural uses (only in the R-1a district on parcels five acres or larger).
(2) Bed and breakfast establishments, homeowner-occupied.
(3) Farm wineries (only in the R-1a district on parcels five acres or larger).
(4) Open space preservation (as permitted in section 30-511 et seq.).
(5) Public parks.
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(6) Residential, single family.
(7) Residential facilities (one to six persons).
(8) State licensed residential facilities or a housing with services establishment registered under chapter
144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use.
(c) Accessory uses. Accessory uses in the R-1 districts are as follows:
(1) Accessory dwelling units.
(2) Agricultural buildings.
(3) Home occupations, permitted.
(4) Kennels, private. (On parcels five buildable acres or greater).
(5) Parking lots.
(6) Private recreation facilities.
(7) Structures, accessory.
(8) Towers (less than 60 feet in height).
(9) Tractor trailer parking (only in the R-1a district on parcels five acres or larger).
(10) Trailer, temporary.
(11) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R-1 districts are as follows:
(1) Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels five acres or larger and in the R-1A
district on parcels less than five acres).
(2) Bed and breakfast establishments, non-homeowner-occupied.
(3) Cemeteries (minimum lot size four acres).
(4) Commercial recreation facilities. (On properties adjacent to arterial or collector streets when
associated with an approved educational institution.)
(5) Cooperative gardening.
(6) Day care, (in religious institutions).
(7) Educational institutions.
(8) Farm wineries (only in the R-1a zoning district when on-site sales are included and/or on parcels less
than five acres).
(9) Feedlots (only in the R-1a district on parcels five acres or larger).
(10) Golf courses and country clubs.
(11) Government facilities.
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(12) Home occupations, conditional.
(13) Horticultural uses.
(14) Kennels, commercial (in the R-1a district).
(15) Kennels, private (on parcels less than five buildable acres or on parcels located in cluster subdivisions).
(16) Mobile homes, temporary.
(17) Religious institutions.
(18) Stables, private.
(19) Tractor trailer parking (only in the R-1a district on parcels less than five acres in size).
(20) Wayside stands.
(Code 1982, § 900.12(5); Ord. No. 99-32, § 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-05, § 2, 4-16-2001; Ord.
No. 03-16, § 1, 10-20-2003; Ord. No. 04-13, § 2, 8-27-2004; Ord. No. 05-04, § 1, 3-21-2005; Ord. No. 05-05, § 2, 3-
21-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 08-13, §§ 2, 3, 10-20-2008; Ord. No. 15-03, § 2, 1-20-2015; Ord.
No. 15-26, § 1, 8-17-2015; Ord. No. 15-30, § 1, 9-21-2015; Ord. No. 19-15, § 4, 8-19-2019)
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Sec. 30-992. R-2a district.
(a) Purpose. The R-2a district is intended to create low density housing areas as a transition between single-
family housing and higher density residential housing.
(b) Permitted uses. Permitted uses in the R-2a district are as follows:
(1) Public parks.
(2) Residential, multiple family (two units max).
(3) Residential, single family.
(4) Residential facilities (one to six persons).
(5) State licensed residential facilities or a housing with services establishment registered under chapter
144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use.
(c) Accessory uses. Accessory uses in the R-2a district are as follows:
(1) Home occupations, permitted.
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(5) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-2a district are as follows:
(1) Day care (in religious institutions).
(2) Educational institutions.
(3) Governmental facilities.
(4) Home occupations, conditional.
(5) Religious institutions.
(6) Zero lot line developments.
(Code 1982, § 900.12(6); Ord. No. 04-13, § 3, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 5, 8-19-
2019)
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Sec. 30-993. R-2b district.
(a) Purpose. The R-2b district is intended to:
(1) Create low density multiple dwelling areas with a broad range of housing types;
(2) Preserve and enhance transitional residential areas between lower and higher densities in areas served
by public utilities; and
(3) Enhance transitional areas between low density housing and other nonresidential land uses. The
district must be served by public sanitary sewers, storm sewers, and municipal water.
(b) Permitted uses. Permitted uses in the R-2b district are as follows:
(1) Public parks.
(2) Residential, multiple family (four units max).
(3) Residential, single family.
(4) Residential facilities (one to six persons).
(5) State licensed residential facilities or a housing with services establishment registered under chapter
144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use.
(c) Accessory uses. Accessory uses in the R-2b district are as follows:
(1) Home occupations, permitted.
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(5) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-2b district are as follows:
(1) Day care (in religious institutions).
(2) Educational institutions.
(3) Governmental facilities.
(4) Home occupations, conditional.
(5) Religious institutions.
(6) Zero lot line developments.
(Code 1982, § 900.12(7); Ord. No. 04-13, § 4, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 6, 8-19-
2019)
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Sec. 30-994. R-3 townhome district.
(a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of housing
types, including single-family detached, duplex and townhouse dwellings, at low to moderate residential
densities (approximately 11 units per acre or less). This district is also intended to function as a transition
between the less intense single-family district and the more intense multifamily districts. Certain other
structures and uses necessary to serve governmental, educational, religious, recreational, and other needs of
neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and
protect the residential character of the district.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Public parks.
(2) Residential, single family.
(3) Residential facilities (one to six persons).
(4) State licensed residential facilities or a housing with services establishment registered under chapter
144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use.
(5) Townhouse, attached.
(c) Accessory uses. Accessory uses in the R-3 district are as follows:
(1) Accessory structures.
(2) Home occupations, permitted.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R-3 district are as follows:
(1) Cemeteries (minimum lot size four acres).
(2) Daycare, licensed (for 13 or more children).
(3) Educational institutions.
(4) Government facilities.
(5) Home occupations, conditional.
(6) Religious institutions.
(7) Residential facilities (7—16 persons).
(e) Density and open space. Development standards for density and open space are as follows:
(1) Density. The maximum development density within the R-3 district shall be eight units per acre of net
buildable area of the subdivision. Net buildable area shall be the total area less public street rights-of-
way, wetlands, major drainageways as defined by the comprehensive storm water management plan,
water bodies and slopes steeper than three to one (3:1) slope ratio.
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(2) Open space requirements. In instances where land is not given to meet the park dedication
requirements as required by section 30-327, then an area of useable open space for recreation
purposes shall be designed into the project. Such area shall be a minimum of 12,000 square feet or five
percent of the not buildable area, whichever is greater, and shall be privately owned. The open space
shall be of a quality that would allow it to be used for active recreational purposes.
(f) Building design and construction standards. The building design and construction standards are as follows:
(1) Unit width. The minimum width of a dwelling unit within the R-3 district shall be:
a. For single-family detached townhomes or end units on buildings containing more than four units,
28 feet.
b. For internal dwelling units located in buildings containing more than four units, 24 feet.
(2) Unit construction.
a. Building elevations and floor plans shall be furnished with subdivision requests, illustrating
exterior building material and colors to demonstrate compliance with this section. Building floor
plans shall identify the interior storage space within each unit.
b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their
horizontal and vertical surface. There shall be no more than two continuous townhouse dwelling
units without a break in the horizontal and/or vertical elevations of at least 32 inches.
c. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit
building plans. The unit lot shall be configured and sized to include decks, patios, or porches.
d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for all
residential structures. All other soffits, on residential structures, are to have a minimum 16-inch
overhang.
e. The exterior of townhome dwelling units shall include a variation in building materials, which are
to be distributed throughout the building facades and coordinated into the architectural design
of the structure to create an architecturally balanced appearance. The preferred materials are:
brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, townhome
dwelling structures shall comply with the following requirements:
1. A minimum of 25 percent of the combined area of all building facades of a structure shall
have an exterior finish of brick, stucco and/or natural or artificial stone.
2. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall
have more than 75 percent of one type of exterior finish.
3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure
shall have more than 60 percent of all building facades of one type of exterior finish. Deck
railings may be included as a change of material on the facade of a building.
4. For the purpose of this section, the area of the building facade shall not include area
devoted to window, entrance doors, garage doors, or roof areas.
(3) Garages.
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
1. For single-family detached townhomes or end units in buildings containing more than four
units, both with basements: 484 square feet.
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2. For single-family detached townhomes or end units in buildings containing more than four
units, both without basements: 584 square feet.
3. For internal units located in buildings containing more than four units, with or without
basements: 364 square feet.
4. Garages shall be a minimum of 22 feet in width, except garages attached to internal units
located in buildings containing more than four units, may be a minimum of 14 feet in
width.
(4) Outside storage. Outside storage shall be allowed only in designated areas that are screened and under
the ownership of the property owners' association, subject to other applicable provisions of this
chapter.
(g) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation standards are
as follows:
(1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident parking may
occur in the garage or in the driveway of individual units.
(2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-street
parking lot or private drive. The design of the off-street parking lot shall conform to the parking
requirements of this Code.
(3) Streets. All streets shall be public and shall comply with the design standards and specifications as
governed by article V of this chapter, pertaining to subdivision regulations, except that the required
right-of-way may be reduced to 50 feet and the required street width reduced to 28 feet face to face
with parking limited to one side.
(4) Drives.
a. Dead-end private driveways shall serve a maximum of two structures or six units per side.
b. Private drives shall be under the ownership and control of the property owners' association,
which shall be responsible for the maintenance, repair, and replacement of surfacing. The
association shall maintain a capital improvement program for the driveways under its ownership.
c. Adequate length shall be added to the terminus of all dead end private drives for the purposes of
backing up and turning of vehicles from individual driveways. Such areas shall not be used for
parking.
d. Private drives must include plans and areas for snow storage or provide provisions in the
homeowners' association documents for snow removal.
e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb, and shall not
allow parking on either side unless they are a minimum 28 feet in width, in which case parking
may be allowed on one side.
(5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street.
(h) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented
pursuant to this section. The landscaping and screening shall address the following:
(1) All open areas of the development project which are not used or improved for required parking areas,
drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs,
flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes,
shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or
materials. The landscape plan shall include detailed foundation plantings for areas adjacent to
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buildings, walks, etc. In addition to the trees required by section 30-415, the following is required: a
minimum of five shrubs for each dwelling unit.
(2) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of
the principal structure.
(3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard
landscaping shall include berming and the use of coniferous trees.
(4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or a
combination thereof.
(5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of black dirt
that is tilled into the native soil. The areas to be sodded shall be fine graded and rocks, trash, or other
debris shall be removed.
(6) Screening of designated outdoor storage areas.
(7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent to the
property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation
system with an automatic controller.
(8) Effective and safe levels of lighting which aid night surveillance and residents' sense of security shall be
provided. Such lighting may be provided by streetlights or dwelling unit lights which are controlled by
timers or sensors.
(i) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or duplex homes
shall have a minimum of one tier of single-family dwellings or duplex homes bordering such a development.
Exemptions to the provisions of this subsection may be granted, provided one or more of the following
conditions exist:
(1) The properties are separated by a major collector or arterial street.
(2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open
space, park or other such similar publicly reserved and development restricted area with a minimum
width of 100 feet across its entire length.
(j) Utilities.
(1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable shall be
installed underground.
(2) Separate public utility services shall be provided to each unit unless exempted by the city engineer.
(3) Water connection: Individual unit shutoff valves shall be provided.
(4) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance
and cleaning shall be the responsibility of the homeowners' association. Where individual units are
served individually, all maintenance and cleaning shall be the responsibility of the homeowner.
(5) Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be
screened. Unit utility connections in the front of units shall be screened by a structure that is integrally
designed as part of the unit.
(k) Common areas. The following minimum requirements shall be observed in the R-3 district governing
common areas:
(1) Ownership. All common areas within an R-3 development, including, but not limited to, open space,
wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be
owned in one of the following manners:
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a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2 (Minn. Stats. § 515A.201 et
seq.)
b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B.
(2) Homeowners association. A homeowners' association shall be established for all developments within
the R-3 district which have areas under common ownership, subject to review and approval of the city
attorney, and shall be responsible for all exterior building maintenance, approval of any exterior
architectural modifications, landscaping, snow clearing and regular maintenance of private driveways
and other areas owned in common.
(Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord. No. 04-13, § 5, 8-
27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014; Ord. No. 19-15, § 7, 8-19-2019)
State law reference(s)—Similar provisions, Minn. Stats. § 462.357, subd. 1b.
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Sec. 30-995. R-4 district.
(a) Purpose. The R-4 district is intended to create, preserve, and enhance areas for multifamily use of higher
densities in areas served by public sanitary sewers, storm sewers, and municipal water, with good
accessibility to thoroughfares, public community centers, libraries, shopping centers and employment
centers, and where such development fits the growth management plan.
(b) Permitted uses. Permitted uses in the R-4 district are as follows:
(1) Public parks.
(2) Residential, apartment.
(3) Residential, multiple family.
(4) Residential, single family.
(5) Residential facilities (one to six persons).
(6) State-licensed residential facilities or housing with services establishments registered under Minn.
Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or fewer persons and
group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve
14 or fewer children, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be a permitted use.
(7) Townhouse, attached. Section 30-994 subsections (e)—(k) shall apply.
(c) Accessory uses. Accessory uses in the R-4 district are as follows:
(1) Private recreational facilities.
(2) Signs (as permitted in section 30-851 et seq.).
(3) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-4 district are as follows:
(1) Boardinghouses.
(2) Day cares (for 13 or more children).
(3) Educational institutions.
(4) Governmental facilities.
(5) Manufactured home parks (as defined in Minn. Stats. § 327.14, subd. 3.).
(6) Religious institutions.
(7) Residential facilities (7-16 persons).
(8) Zero lot line development.
(Code 1982, § 900.12(9); Ord. No. 04-13, § 6, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 8, 8-19-
2019; Ord. No. 20-03, § 2, 3-16-2020)
Sec. 30-ABC. R1 Rural Residential. This is for our current R1a district (2 ½ acre) – well and
septic
(a) Purpose.
(1) Generally. The suburban residential category predominately consists of single-family
detached homes occupying moderately sized lots. This land use is the most
prevalent residential type within the Urban Service Area and consists of a range of
neighborhood typologies including the historic grid block pattern neighborhoods
surrounding the downtown and newer curvilinear block pattern subdivision
developments in the north, east, and west. This land use, while predominately
single-family detached, should accommodate single-family attached, townhomes,
and duplexes at transitional areas on the edges of these neighborhoods, along
primary transportation corridors, and adjacent higher intensity uses such as multi-
family or commercial.
(b) Permitted uses in the R1 districts are as follows:
(1) Agricultural uses (on parcels five acres or larger).
(2) Bed and breakfast establishments, homeowner occupied.
(3) Farm wineries (on parcels five acres or larger).
(4) Open space preservation (as permitted in section 30-511 et seq.).
(5) Public parks.
(6) Residential, single family.
(7) Residential facilities (one to six persons).
(8) State licensed residential facilities or a housing with services establishment registered
under chapter 144D serving six or fewer persons, a licensed day care facility serving
12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be
considered a permitted single family residential use of property for the purposes of
zoning, except that a residential facility whose primary purpose is to treat juveniles
who have violated criminal statutes relating to sex offenses or have been adjudicated
delinquent on the basis of conduct in violation of criminal statutes relating to sex
offenses shall not be considered a permitted use.
(c) Accessory uses. Accessory uses in the R1 districts are as follows:
(1) Accessory dwelling units.
(2) Agricultural buildings.
(3) Home occupations, permitted.
(4) Kennels, private. (On parcels 2 ½ acres or greater and in accordance with Chapter
10 Article II).
(5) Parking lots.
(6) Private recreation facilities.
(7) Structures, accessory.
(8) Towers (less than 60 feet in height).
(9) Tractor trailer parking (on parcels 2 ½ acres or larger).
(10) Trailer, temporary.
(11) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R1 districts are as follows:
(1) Agricultural uses (on parcels less than five acres).
(2) Bed and breakfast establishments, non-homeowner-occupied.
(3) Cemeteries (minimum lot size four acres).
(4) Commercial recreation facilities. (On properties adjacent to arterial or collector
streets when associated with an approved educational institution.)
(5) Cooperative gardening.
(6) Day care, (in religious institutions).
(7) Educational institutions.
(8) Farm wineries (when on-site sales are included and/or on parcels less than five
acres).
(9) Feedlots (on parcels five acres or larger).
(10) Golf courses and country clubs.
(11) Government facilities.
(12) Home occupations, conditional.
(13) Horticultural uses.
(14) Kennels, commercial.
(15) Kennels, private (On parcels 2 ½ acres or greater or on parcels located in cluster
subdivisions and in accordance with Chapter 10 Article II).
(16) Mobile homes, temporary.
(17) Religious institutions.
(18) Stables, private.
(19) Tractor trailer parking (on parcels less than 2 ½ acres in size).
(20) Wayside stands.
(3) Setbacks, yard:
30 feet at the perihery of the development parcel for yards bordering major collector or arterial
streets, an additional 20 feet of setback is required to provide a landscaped buffer yard.
(4) Setbacks, building.
Setbacks between buildings shall be 25 feet or one-half the sum of the building heights of the two
adjoining buildings, whichever is greater.
Buildings shall be set back a minimum of 30 feet from the back of the curbline of private drives,
guest parking areas and public rights-of-way.
Sec. 30-DEF. R2 Traditional Single Family Residential. This is for our current R1b-d, R2a-b,
& R3 districts – Urban Service Area
(a) Purpose.
(1) Generally. The suburban residential category predominately consists of single-family
detached homes occupying moderately sized lots. This land use is the most
prevalent residential type within the Urban Service Area and consists of a range of
neighborhood typologies including the historic grid block pattern neighborhoods
surrounding the downtown and newer curvilinear block pattern subdivision
developments in the north, east, and west. This land use, while predominately
single-family detached, should accommodate single-family attached, townhomes,
and duplexes at transitional areas on the edges of these neighborhoods, along
primary transportation corridors, and adjacent higher intensity uses such as multi-
family or commercial.
(b) Permitted uses in the R2 districts are as follows:
(1) Bed and breakfast establishments, homeowner occupied.
(2) Public parks.
(3) Residential, single family.
(4) Residential, multiple family (4-unit max, minimum 1,320 feet from another unit)
(5) Residential facilities (one to six persons).
(6) State licensed residential facilities or a housing with services establishment registered
under chapter 144D serving six or fewer persons, a licensed day care facility serving
12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be
considered a permitted single family residential use of property for the purposes of
zoning, except that a residential facility whose primary purpose is to treat juveniles
who have violated criminal statutes relating to sex offenses or have been adjudicated
delinquent on the basis of conduct in violation of criminal statutes relating to sex
offenses shall not be considered a permitted use.
(7) Townhouse, attached (4-unit max, minimum 1,320 feet from another unit)
(c) Accessory uses. Accessory uses in the R2 districts are as follows:
(1) Accessory dwelling units.
(2) Home occupations, permitted.
(3) Kennels, private. (On parcels 2 ½ acres or greater and in accordance with Chapter
10 Article II).
(4) Parking lots.
(5) Private recreation facilities.
(6) Structures, accessory.
(7) Towers (less than 60 feet in height).
(8) Tractor trailer parking (on parcels 2 ½ acres or larger).
(9) Trailer, temporary.
(10) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R2 districts are as follows:
(1) Agricultural uses (on parcels five acres or larger).
(2) Bed and breakfast establishments, non-homeowner-occupied.
(3) Cemeteries (minimum lot size four acres).
(4) Commercial recreation facilities. (On properties adjacent to arterial or collector
streets when associated with an approved educational institution.)
(5) Cooperative gardening.
(6) Day care, (in religious institutions).
(7) Educational institutions.
(8) Farm wineries (on parcels five acres or larger).
(9) Golf courses and country clubs.
(10) Government facilities.
(11) Home occupations, conditional.
(12) Horticultural uses.
(13) Kennels, private (On parcels 2 ½ acres or greater and in accordance with Chapter
10 Article II).
(14) Mobile homes, temporary.
(15) Religious institutions.
(16) Stables, private.
(17) Tractor trailer parking (on parcels less than 2 ½ acres in size).
(18) Wayside stands.
(e) Exceptions. Properties developed prior to adoption of the performance standards set forth
in this section may not accommodate these required performance standards. For this reason,
exceptions to the performance standards for properties developed prior to Date Here, 2023,
in the former R2a, R2b, & R3 zoning districts may continue with the previous established
performance standards.
Sec. 30-DEF2. Principal structures.
Principal structures shall comply with the following dimensional regulations:
Building Setbacks
Minimum
Lot
Requirements
Front
(feet)
Side
(feet)
Garage
Side
(feet)
Rear
(feet)
Maximum
Lot
Coverage
Maximum
Height
R1: Rural
Residential
Nonsewered 2½ acres
160′ width
35 20 20 30 25% 3 floors
or 40′
R2: Traditional
Single Family
Residential
Nonsewered 1 acre
160′ width
35 10 5 25 25% 3 floors
or 40′
Note: Interior side yard setback from future lot line 10 feet.
Sewered 11,000 sq. ft.
80′ width
100′ width
corner lot
130′ depth
30 10 5 20 25% 3 floors
or 40′
R-2a:
Single-family
Duplex
6,000 sq. ft.
60′ width
100′ width on
corner lots
30 10 10 25% 3 floors
or 40′
Duplex sewered 6,000 sq. ft.
60′ width
30 10 10 10 30% 3 floors
or 40′
R2-D2:
Traditional
Single Family
Residential –
Dwellings Two
Multiple-family
Death Star
6,000 sq. ft.
12 parsecs
width
14 parsecs on
corner lots
30 10 10 3 floors
or 40′
Tatooine Villas 5,500 sq. ft.
2 Womp Rats
wide
30 10 10 10 30% 3 floors
or 40′
R3: Compact
Single Family
Residential - See
Section 30-XYZ
R4: Multiple
Family
Residential
Single-Family 11,000 sq. ft.
80′ width
100′ width
corner lot
130′ depth
30 10 5 20 25% 3 floors
or 40′
Duplex 6,000 sq. ft.
60′ width
30 10 10 3 floors
or 40′
Townhouse and
other
multifamily (not
apartments)
sewered1
4,000 sq. ft.
20′ width
30 10 25 30% 3 floors
or 40′
Apartment
sewered2
2,500 sq. ft.
per unit
(efficiency)
30 10 25 40% 4 floors
or 50′
3,000 sq. ft.
per unit (1
bedroom)
30 10 25 40% 4 floors
or 50′
3,500 sq. ft.
per unit (2
bedrooms)
30 10 25 40% 4 floors
or 50′
4,000 sq. ft.
per unit (3 or
more
bedrooms)
30 10 25 40% 4 floors
or 50′
1 Four lots per 40-acre maximum, with 2½-acre minimum and one curb cut.
1 Side and rear setbacks are increased to 30 feet where the lot abuts a single-family residential
zone.
2 Multifamily lot size may be reduced by 400 square feet for every tuck-under or underground
garage.
4 Development standards for triplex, quadraminimum, townhome, or condominium dwellings
are as follows:
(1) Lot area: 20,000 square feet for triplex or quadraminium dwellings.
Townhome or condominium unit lots shall have sufficient area to include within the individual lot
the living areas (including bay or bow windows), a garage, decks, patios, or porches of the individual
dwelling units.
(2) Lot Width: Base lot width: 100 feet for triplex or quadraminium dwellings.
Townhome or condominium unit: 28 feet for end dwellings; 24 feet for internal dwellings located in
buildings containing more than four units.
Sec. 30-GHI. R3 Compact Single Family Residential. This is based on what our current smaller
lot subdivisions are – Miske Meadows, Tall Pines, etc.
(a) Purpose.
(1) Generally. The compact residential district consists of neighborhoods with multiple
housing types, including single-family detached, duplexes, townhomes, and small
multi-family buildings. Mixed residential areas should include existing residential
neighborhoods where a gentle increase in density is appropriate such as surrounding
the downtown as well as new neighborhood subdivisions.
(2) Large Lot (65’) Single Family Residential. This type is intended to provide larger
single-family lots and shall comprise 30-50% of the approved preliminary plat.
(3) Small Lot (55’) Single Family Residential. This type is intended to provide smaller
homes at an approachable price point and shall comprise 20-40% of the approved
preliminary plat.
(4) Detached Villas (40’). This type is intended to provide market rate and empty nest
living in association maintained, owner occupied structures and shall comprise 10-
30% of the approved preliminary plat.
(5) Attached Townhomes. This type is intended to provide market rate and empty nest
living in association maintained, owner occupied or rental structures and shall
comprise 10-30% of the approved preliminary plat.
(b) Permitted uses. Permitted uses in the R3 district are as follows:
(1) Bed and breakfast establishments, homeowner occupied.
(2) Public parks.
(3) Residential, single family.
(4) Residential, multiple family. (8 units max)
(5) State licensed residential facilities or a housing with services establishment registered
under chapter 144D serving six or fewer persons, a licensed day care facility serving
12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered
a permitted single family residential use of property for the purposes of zoning,
except that a residential facility whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated delinquent
on the basis of conduct in violation of criminal statutes relating to sex offenses shall
not be considered a permitted use.
(6) Townhouse, attached. (In accordance with Section 30-XYZ)
(7) Villa, detached.
(c) Accessory uses. Accessory uses in the R-1 districts are as follows:
(1) Accessory dwelling units
(2) Home occupations, permitted. (In principal structure only)
(3) Kennels, private. (On parcels 2 ½ acres or greater and in accordance with Chapter 10
Article II).
(4) Parking lots.
(5) Private recreation facilities.
(6) Structures, accessory.
(7) Towers (less than 60 feet in height).
(8) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R3 districts are as follows:
(1) Commercial recreation facilities. (On properties adjacent to arterial or collector
streets when associated with an approved educational institution.)
(2) Day care, (in religious institutions).
(3) Educational institutions.
(4) Government facilities.
(5) Home occupations.
(6) Kennels, private (On parcels 2 ½ acres or greater or on parcels located in cluster
subdivisions and in accordance with Chapter 10 Article II).
(7) Religious institutions.
(e)
(f) Exceptions. Properties developed prior to adoption of the performance standards set forth in
this section may not accommodate these required performance standards. For this reason,
exceptions to the performance standards for properties developed prior to Date Here, 2023,
in the former R2a, R2b, & R3 zoning districts may continue with the previous established
performance standards.
Sec. 30-XYZ. R3 Parcels and principal structures.
Parcels and principal structures shall comply with the following dimensional regulations:
*No more than 50% of a Product Type can be grouped together in the preliminary plat. Streets do
not constitute a separation.
Product Type Minimum
Lot Size
Minimum
Lot Width
Setback
Front
Setback
Side
Setback
Rear
Max Percentage
of Preliminary
Plat
Maximum Lot
Coverage
Maximum
Height
Large Lot Single Family
Residential
8,450
square feet
65’
Corner lot
85’
130’ min
depth
25’ 7.5’ 20’ 30-50%* 25% 3 floors or
40′
Small Lot Single Family
Residential
7,150
square feet
55’
Corner
Lot 75’
130’ min
depth
25’ 7.5’ 20’ 20-40%* 25% 3 floors or
40′
Detached Bob Villas 40’ 25’ from
right-of-way
or private
drive curb
5’ 10’ 10-30%* 25% 3 floors or
40′
Attached Townhomes --- 25’ from
right-of-way
or private
drive curb
--- 10’ 10-30%* 25% 3 floors or
40′
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Page 1 of 5
Sec. 30-XYZ. R-3 townhome districtdesign standards.
(a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of housing
types, including single-family detached, duplex and townhouse dwellings, at low to moderate residential
densities (approximately 11 units per acre or less). This district is also intended to function as a transition
between the less intense single-family district and the more intense multifamily districts. Certain other
structures and uses necessary to serve governmental, educational, religious, recreational, and other needs of
neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and
protect the residential character of the district.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Public parks.
(2) Residential, single family.
(3) Residential facilities (one to six persons).
(4) State licensed residential facilities or a housing with services establishment registered under chapter
144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who
have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use.
(5) Townhouse, attached.
(c) Accessory uses. Accessory uses in the R-3 district are as follows:
(1) Accessory structures.
(2) Home occupations, permitted.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R-3 district are as follows:
(1) Cemeteries (minimum lot size four acres).
(2) Daycare, licensed (for 13 or more children).
(3) Educational institutions.
(4) Government facilities.
(5) Home occupations, conditional.
(6) Religious institutions.
(7) Residential facilities (7—16 persons).
(e) Density and open space. Development standards for density and open space are as follows:
(1) Density. The maximum development density within the R-3 district shall be eight units per acre of net
buildable area of the subdivision. Net buildable area shall be the total area less public street rights-of-
way, wetlands, major drainageways as defined by the comprehensive storm water management plan,
water bodies and slopes steeper than three to one (3:1) slope ratio.
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Page 2 of 5
(2) Open space requirements. In instances where land is not given to meet the park dedication
requirements as required by section 30-327, then an area of useable open space for recreation
purposes shall be designed into the project. Such area shall be a minimum of 12,000 square feet or five
percent of the not buildable area, whichever is greater, and shall be privately owned. The open space
shall be of a quality that would allow it to be used for active recreational purposes.
(f) Building design and construction standards. The building design and construction standards are as follows:
(1) Unit width. The minimum width of a dwelling unit within the R-3 district shall be:
a. For single-family detached townhomes or end units on buildings containing more than four units,
28 feet.
b. For internal dwelling units located in buildings containing more than four units, 24 feet.
(2) Unit construction.
a. Building elevations and floor plans shall be furnished with subdivision requests, illustrating
exterior building material and colors to demonstrate compliance with this section. Building floor
plans shall identify the interior storage space within each unit.
b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their
horizontal and vertical surface. There shall be no more than two continuous townhouse dwelling
units without a break in the horizontal and/or vertical elevations of at least 32 inches.
c. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit
building plans. The unit lot shall be configured and sized to include decks, patios, or porches.
d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for all
residential structures. All other soffits, on residential structures, are to have a minimum 16-inch
overhang.
e. The exterior of townhome dwelling units shall include a variation in building materials, which are
to be distributed throughout the building facades and coordinated into the architectural design
of the structure to create an architecturally balanced appearance. The preferred materials are:
brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, townhome
dwelling structures shall comply with the following requirements:
1. A minimum of 25 percent of the combined area of all building facades of a structure shall
have an exterior finish of brick, stucco and/or natural or artificial stone.
2. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall
have more than 75 percent of one type of exterior finish.
3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure
shall have more than 60 percent of all building facades of one type of exterior finish. Deck
railings may be included as a change of material on the facade of a building.
4. For the purpose of this section, the area of the building facade shall not include area
devoted to window, entrance doors, garage doors, or roof areas.
(3) Garages.
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
1. For single-family detached townhomes or end units in buildings containing more than four
units, both with basements: 484 square feet.
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Page 3 of 5
2. For single-family detached townhomes or end units in buildings containing more than four
units, both without basements: 584 square feet.
3. For internal units located in buildings containing more than four units, with or without
basements: 364 square feet.
4. Garages shall be a minimum of 22 feet in width, except garages attached to internal units
located in buildings containing more than four units, may be a minimum of 14 feet in
width.
(4) Outside storage. Outside storage shall be allowed only in designated areas that are screened and under
the ownership of the property owners' association, subject to other applicable provisions of this
chapter.
(g) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation standards are
as follows:
(1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident parking may
occur in the garage or in the driveway of individual units.
(2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-street
parking lot or private drive. The design of the off-street parking lot shall conform to the parking
requirements of this Code.
(3) Streets. All streets shall be public and shall comply with the design standards and specifications as
governed by article V of this chapter, pertaining to subdivision regulations, except that the required
right-of-way may be reduced to 50 feet and the required street width reduced to 28 feet face to face
with parking limited to one side.
(4) Drives.
a. Dead-end private driveways shall serve a maximum of two structures or six units per side.
b. Private drives shall be under the ownership and control of the property owners' association,
which shall be responsible for the maintenance, repair, and replacement of surfacing. The
association shall maintain a capital improvement program for the driveways under its ownership.
c. Adequate length shall be added to the terminus of all dead end private drives for the purposes of
backing up and turning of vehicles from individual driveways. Such areas shall not be used for
parking.
d. Private drives must include plans and areas for snow storage or provide provisions in the
homeowners' association documents for snow removal.
e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb, and shall not
allow parking on either side unless they are a minimum 28 feet in width, in which case parking
may be allowed on one side.
(5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street.
(h) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented
pursuant to this section. The landscaping and screening shall address the following:
(1) All open areas of the development project which are not used or improved for required parking areas,
drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs,
flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes,
shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or
materials. The landscape plan shall include detailed foundation plantings for areas adjacent to
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Page 4 of 5
buildings, walks, etc. In addition to the trees required by section 30-415, the following is required: a
minimum of five shrubs for each dwelling unit.
(2) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of
the principal structure.
(3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard
landscaping shall include berming and the use of coniferous trees.
(4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or a
combination thereof.
(5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of black dirt
that is tilled into the native soil. The areas to be sodded shall be fine graded and rocks, trash, or other
debris shall be removed.
(6) Screening of designated outdoor storage areas.
(7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent to the
property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation
system with an automatic controller.
(8) Effective and safe levels of lighting which aid night surveillance and residents' sense of security shall be
provided. Such lighting may be provided by streetlights or dwelling unit lights which are controlled by
timers or sensors.
(i) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or duplex homes
shall have a minimum of one tier of single-family dwellings or duplex homes bordering such a development.
Exemptions to the provisions of this subsection may be granted, provided one or more of the following
conditions exist:
(1) The properties are separated by a major collector or arterial street.
(2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open
space, park or other such similar publicly reserved and development restricted area with a minimum
width of 100 feet across its entire length.
(j) Utilities.
(1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable shall be
installed underground.
(2) Separate public utility services shall be provided to each unit unless exempted by the city engineer.
(3) Water connection: Individual unit shutoff valves shall be provided.
(4) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance
and cleaning shall be the responsibility of the homeowners' association. Where individual units are
served individually, all maintenance and cleaning shall be the responsibility of the homeowner.
(5) Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be
screened. Unit utility connections in the front of units shall be screened by a structure that is integrally
designed as part of the unit.
(k) Common areas. The following minimum requirements shall be observed in the R-3 district governing
common areas:
(1) Ownership. All common areas within an R-3 development, including, but not limited to, open space,
wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be
owned in one of the following manners:
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Page 5 of 5
a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2 (Minn. Stats. § 515A.201 et
seq.)
b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B.
(2) Homeowners association. A homeowners' association shall be established for all developments within
the R-3 district which have areas under common ownership, subject to review and approval of the city
attorney, and shall be responsible for all exterior building maintenance, approval of any exterior
architectural modifications, landscaping, snow clearing and regular maintenance of private driveways
and other areas owned in common.
(Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord. No. 04-13, § 5, 8-
27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014; Ord. No. 19-15, § 7, 8-19-2019)
State law reference(s)—Similar provisions, Minn. Stats. § 462.357, subd. 1b.
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Page 1 of 1
Sec. 30-JKL. R4 Multiple Family Residential.
(a) Purpose. The R-4 district is intended to create, preserve, and enhance areas for multifamily
use of higher densities in areas served by public sanitary sewers, storm sewers, and municipal
water, with good accessibility to thoroughfares, public community centers, libraries,
shopping centers and employment centers, and where such development fits the growth
management plan.
(b) Permitted uses. Permitted uses in the R-4 district are as follows:
(1) Public parks.
(2) Residential, apartment.
(3) Residential, multiple family.
(4) Residential facilities (one to six persons).
(5) State-licensed residential facilities or housing with services establishments registered
under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities
serving 12 or fewer persons and group family day care facilities licensed under
Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except
that a residential facility whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated delinquent
on the basis of conduct in violation of criminal statutes relating to sex offenses shall
not be a permitted use.
(6) Townhouse, attached. (In accordance with Section 30-XYZ)
(c) Accessory uses. Accessory uses in the R-4 district are as follows:
(1) Private recreational facilities.
(2) Signs (as permitted in section 30-851 et seq.).
(3) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-4 district are as follows:
(1) Boardinghouses.
(2) Day cares (for 13 or more children).
(3) Educational institutions.
(4) Governmental facilities.
(5) Manufactured home parks (as defined in Minn. Stats. § 327.14, subd. 3.).
(6) Religious institutions.
(7) Residential facilities (7-16 persons).
(8) Zero lot line development.
Residential Definitions
Residential, multiple-family means a one-family dwelling, owner occupied or rental, of at least two
units attached in which each unit has its own access to the outside, is not located over another
unit, and each unit is separated horizontally by a series of common or party walls. Apartments
and detached townhouses are not included.
Residential, single-family means one dwelling unit contained in a structure.
Residential, apartment means two or more dwelling units attached by a series of common or party
walls, in which each unit has access to an inside common hallway and each unit may be for rent or
owner-occupied.
Townhome see townhouse, attached.
Townhouse, attached means a one-family dwelling of at least three attached units in which each unit
has its own access to the outside, no unit is located over another unit, and each unit is separated
horizontally by a series of common or party walls. There shall be no more than six dwellings per
structure in a row or no more than eight dwellings per structure if back-to-back.
Townhouse, detached, means a one-family dwelling, owner occupied or rental, which does not share
any walls with other units and is association maintained.
Townhouse, attached see Residential, multiple-family.
Villa, detached, means a one-family dwelling, owner occupied or rental, which does not share any
walls with other units and is association maintained.
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LAND USE CATEGORY
Rural Residential
Traditional Single-Family Residential
Mixed Residential
Multifamily
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