§ 152.243 ADDITIONAL REGULATIONS FOR PERMITTED USES.
   Some permitted uses are further regulated to promote the health, safety and general welfare. If these regulations are met, the use is considered permitted subject to the Site Plan Review requirements in §§ 152.030 through 152.039.
   (A)   Licensed daycare facilities. All licensed daycare facilities must comply with §§ 152.160 through 152.164.
   (B)   Keeping domestic and farm animals and beekeeping on residential properties.
      (1)   Farm animals may be kept on parcels five acres or larger at the rate of one animal unit per acre.
      (2)   Boarding or breeding for commercial purposes may not be permitted in residential districts.
      (3)   The keeping of animals must be in conformance with all other sections of the City Code.
      (4)   Beekeeping is allowed in all residential districts in compliance with the applicable provisions of Chapter 92 of this code.
   (C)   Detached single-family dwellings. All new detached single-family dwellings must comply with the following conditions:
      (1)   All dwellings built after July 31, 1982, including manufactured or mobile housing, must include a basement as defined in § 152.008. The lowest floor elevation of any residential basement may not be lower than the regulatory flood protection elevation.
      (2)   No single-family dwelling may be constructed less than 25 feet wide, as measured along 50% of its length.
      (3)   Once the front yard has been established and an address determined, the building or yards may not be reversed.
      (4)   Minimum finished square footage. The minimum required finished floor area must comply with the following table:
Figure 152.243.02 Required
Finished Square Footage
District
Minimum Finished Square Footage
(in Square Feet)
Figure 152.243.02 Required
Finished Square Footage
District
Minimum Finished Square Footage
(in Square Feet)
R-1
1,040
R-2
1,040
R-2A
1,400 Ramblers
2,200 all other designs
R-2B
1,400 Ramblers
1,900 all other designs
R-3
960
R-3A
960
R-4
960
 
   (D)   Attached two-family dwellings. The conditions for the construction and zero-lot line subdivision of attached two-family dwellings are as follows:
      (1)   Attached two-family dwellings constructed before 1974 may be considered legal conforming uses without obtaining a Conditional Use Permit.
      (2)   All dwellings built after July 31, 1982, including manufactured or mobile housing, must include a basement as defined in § 152.008.
      (3)   No attached two-family dwellings may be constructed less than 20 feet wide.
      (4)   The units must be constructed in a side-by-side manner.
      (5)   Attached two-family dwellings may be divided into single parcels of record with the party wall acting as the dividing lot line subject to the following conditions:
         (a)   Each of the lots created in subdividing lands on which a two-family structure is located may be equal in area or as near equal as is reasonably possible.
         (b)   Each lot created must contain no less than ½ the minimum land area requirement for a two-family dwelling, and may be shown on a registered land survey.
         (c)   Except for setbacks along the common property line, all other setback and yard requirements must be met.
         (d)   Separate services may be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone, and other utilities.
         (e)   The units may be constructed in a side-by-side manner with each unit having direct access to a public street.
         (f)   The units may not be divided until a common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). The walls must provide sound transmission control ratings as per the UBC.
         (g)   The applicant or the property owner may execute and record at their expense a “Declaration of Covenants, Conditions and Restrictions”. The declarations, covenants, conditions and restrictions provide direction to the property owners and the city on the following subjects:
            1.   Architectural design and treatments, construction materials, maintenance, landscaping and other restrictions.
            2.   Relationships among owners of adjoining living units and arbitration of disputes.
            3.   The authority to divide a single structure containing two dwelling units may be subject to Chapter 151 of the City Code relating to park dedication and other subdivision requirements and the Council may impose other reasonable conditions as required by the situation.
   (E)   Townhouses. All townhouses, attached or detached, must comply with the following conditions:
      (1)   All yard requirement areas must be free of encroachments, such as buildings, accessory structures and interior vehicular circulation systems. Driveways that provide direct access to the garage area are not considered an encroachment.
      (2)   All buildings within an attached townhouse development must be a minimum of 25 feet apart. In detached townhouse developments, minimum distance between units is 15 feet for living space and 10 feet for adjacent garages.
      (3)   Requirements for District R-4A and R-4B minimum finished square footage above grade are:
         (a)   1,200 square feet (if constructed with a basement as defined in § 152.008).
         (b)   1,400 square feet (if constructed without a basement as defined in § 152.008).
         (c)   A minimum of 120 square feet of contiguous interior storage area must be located on the lower floor or in the garage of any townhouse unit constructed without a basement. This storage area may not be used to fulfill the unit's minimum finished square footage requirement.
      (4)   A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City Attorney. The declaration may include, but is not limited to, the following:
         (a)   A statement requiring that the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments are subject to the terms of the declaration.
         (b)   A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded.
         (c)   Membership in the association shall be mandatory for each owner and any successive buyer.
         (d)   The open space restrictions must be permanent and may not be changed or modified without city approval.
         (e)   The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it.
         (f)   Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association that meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes.
         (g)   The association may adjust the assessment to meet changing needs.
      (5)   No exterior trash receptacles or enclosures are allowed.
      (6)   In the Site Plan Review of new townhouse proposals, the following items may be evaluated and be in compliance with the city’s goals and policies:
         (a)   Mailboxes and traffic around mail delivery areas.
         (b)   Trail connections and functional open space.
         (c)   Circulation systems.
         (d)   Architectural design and standards.
      (7)   For consideration of a development that exclusively provides a detached townhouse product, the city requires that the following design criteria be included in the site plan:
         (a)   The minimum development area shall be three acres;
         (b)   The maximum development area shall be 15 acres;
         (c)   An amenity plan shall be designed that is relevant to the housing proposed. Items may include, but are not limited to, tot-lots, picnic facilities, trails, sidewalks, gazebo, community room and fountains;
         (d)   Notwithstanding the density provisions of the land use plan, the site shall include a minimum of 50% green space. Of the total, 15% must be contiguous, usable upland that is addressed in the amenity plan.
   (F)   Multiple family dwellings. All multiple family dwellings built after July 24, 1995 must comply with the following conditions:
      (1)   Minimum floor area requirements:
 
One Bedroom Units
Two Bedroom Units
Three Bedroom Units
R-5
680 square feet
750 square feet
900 square feet
R-6
600 square feet
750 square feet
900 square feet
R-7
850 square feet
1,000 square feet
1,150 square feet, with 150 square feet for each additional bedroom above three
 
      (2)   All multiple family dwellings built after July 24, 1995, must comply with the following conditions:
         (a)   A reduction of 300 square feet of lot area may be given for each enclosed parking space provided under the principal building.
         (b)   Minimum floor area requirements:
            (1.)   One bedroom units - 850 square feet;
            (2.)   Two bedroom units - 1,000 square feet;
            (3.)   Three bedroom units - 1,150 square feet’
            (4.)   Over three bedroom units - 1,150 square feet plus 150 square feet for each additional bedroom.
      (3)   A minimum 20 foot setback is required between driveways, drive aisles, or parking areas and any building.
      (4)   Controlled access entry systems are required for all multiple family buildings.
      (5)   No exterior trash receptacles or enclosures are allowed.
      (6)   In the Site Plan Review of new multiple family dwelling development proposals, the following items may be evaluated and be in compliance with the city’s goals and policies:
         (a)   Mailboxes and traffic around mail delivery areas.
         (b)   Trail connections and functional open space.
         (c)   Circulation systems.
         (d)   Architectural design, treatments, and standards.
         (e)   Amenities.
(Ord. 2000-936; Am. Ord. 2001-952, passed 5-14-01; Am. Ord. 2003-989, passed 2-10-03; Am. Ord. 2003-997, passed 5-12-03; Am. Ord. 2004-1028, passed 12-13-04; Am. Ord. 2015-1191, passed 5-18-15)