(A) Purpose. The R-4 High Density Residential District defines areas for the development of medium to high density multiple-family dwelling structures and directly related complementary uses.
(B) Permitted uses. None.
(C) Conditional uses.
(1) Conditional uses and special district provisions of the R-1, R-2 and R-3 Districts, except single-family houses;
(2) Multiple-family buildings, including apartments, townhouses, four-, six- and eight-family buildings and other residential structures containing three or more dwelling units;
(3) Apartment buildings designed and marketed exclusively for the elderly;
(4) Private parks and playgrounds or tot lots;
(5) A state licensed residential facility serving from seven through 16 persons;
(6) Group homes and crisis shelters up to 5,000 square feet;
(7) Licensed day care facilities which are not permitted principal uses under state law;
(8) Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility; and
(9) The requirements of § 154.115 of this chapter shall apply to the conditional uses described in this section.
(D) Accessory uses.
(1) Any accessory use building or structure customarily incidental to a use permitted above, and located on the same lot therewith; and
(2) Accessory uses of the R-1 District.
(E) Dimensional regulations.
(1) Minimum lot area and dimensions. In determining minimum lot area and minimum lot dimensions, the following table in division (E)(1)(a) below shall be used. The minimum lot area per dwelling unit may be adjusted using the schedule of allowances, also below in division (E)(1)(b) below.
(a) Requirements.
R-4 Use | Bedrooms per Unit | Minimum Lot Area per Dwelling Unit | Minimum Lot Width | Minimum Lot Depth |
R-4 Use | Bedrooms per Unit | Minimum Lot Area per Dwelling Unit | Minimum Lot Width | Minimum Lot Depth |
Apartment building | 0 | 2,500 square feet* | None | None |
1 | 3,000 square feet* | |||
2 | 3,000 square feet* | |||
3 | 3,500 square feet* | |||
Apartments for the elderly | 0 | 1,000 square feet* | None | None |
1 | 1,500 square feet* | |||
2 | 2,000 square feet* | |||
Three- to eight- family building | NA | 4,000 square feet* | None | None |
NOTES TO TABLE: * Does not include areas set aside for surface water ponding below the ordinary high water mark or wetland protection. | ||||
(b) Adjustments. The minimum lot area requirements listed above may be adjusted as follows.
1. For each garage (parking unit) within or under an apartment building, subtract 400 square feet from the total minimum lot area.
2. For each private dwelling unit entrance, subtract 400 square feet from the total minimum lot area.
(2) (a) Setbacks and heights.
R-4 Use | Front Setback | Corner Side | Interior Side | Rear | Height |
Accessory structures** | 30 feet | 25 feet | 6 feet | 6 feet; 25 feet on double frontage lots | 16 feet |
Apartments | No less than 35 feet or the average height of the building, whichever is greater | 35 feet | |||
Three- to eight-family building | 30 feet | 25 feet | 20 feet* | 40 feet | 35 feet |
NOTES TO TABLE: * Add 6 inches for each foot the average height of the building exceeds 20 feet. ** Reference § 154.026 | |||||
(b) Distance between buildings. The minimum distance between buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Buildings shall be no closer to one another at any point than 15 feet.
(F) Open space. A minimum of 20% of the land area of a multiple-family residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking. This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by § 154.072 of this chapter, regarding public sites, open spaces and bicycle and pedestrian paths.
(G) Parking requirements. Parking shall be provided according to the regulations of § 154.116 and App. B of this chapter; except that, only one-half parking space is required for each apartment for the elderly. Parking areas or circulation drives shall be set back at least five feet from any lot line.
(H) Common wall dwellings. Notwithstanding the provisions of § 154.056 of this chapter, one developer may construct two single-family dwellings with a common wall and boundary line for which there may be no building setback from the common boundary; provided:
(1) Each lot shall meet all other setback requirements for a two-family dwelling;
(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water; and
(3) No fence or shrubbery divider shall be installed or maintained on the common boundary line.
(I) Accessory buildings. Accessory buildings shall observe the same setback requirements established for the multiple-residence building; except that, accessory buildings located within the rear yard of the multiple residence building may be located within six feet of the rear of interior side property line. The city’s Planning Commission may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.
(J) Required play area. Any multiple-family housing development of 24 or more dwelling units (except housing for the elderly) shall plan for and provide tot lot play facilities for pre-school children. The City Parks and Recreation Commission shall review and approve these play facilities. Developments immediately adjacent to (not across the street from) public parks having tot lot facilities shall be exempt from this requirement. Adjacent, but sequential, projects by the same developer shall be counted as a single project.
(K) Condominiums. Condominiums, as defined and regulated by M.S. Ch. 515, as it may be amended from time to time, shall be considered as multiple-family dwelling structures in this code and shall be subject to all R-4 District requirements, except as modified by the following.
(1) Approval of condominium floor plan. The condominium floor plan required by M.S. § 515.13, as it may be amended from time to time, shall not be filed with the Recorder until the same has been tendered to and approved by the city. A transparency of the floor plan shall be given to the city along with a copy of declaration required by M.S. § 515.11, as it may be amended from time to time.
(2) Converting existing structure to condominium use. Where any existing multiple-family dwelling is proposed for conversion to a condominium use:
(a) The proposed condominium use shall comply with all present zoning and building requirements; and
(b) A certificate of occupancy for each unit shall be at completion of construction.
(3) Condominium minimum unit size. Each unit of a condominium shall have minimum dimensions and minimum number of rooms as set forth in the City Building Code.
(2004 Code, § 154.059) (Ord. 464, passed 1- -1996; Ord. 98-219, passed 3-10-1998; Ord. 07-0459, passed 3-13-2007) Penalty, see § 154.999