A. Building Type And Construction:
1. General Provisions:
a. No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as Cor-ten steel shall be permitted in any zoning district, except in association with farming activities.
b. 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.
c. Exterior building finishes shall consist of materials comparable in grade and quality to the following:
(1) Brick.
(2) Natural stone.
(3) Decorative concrete block - "rock face", "breakaway" or other types of decorative 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 (nonstructural, nonload bearing), provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.
(7) Glass curtain wall panels.
(8) Stucco. (Ord. B-53, 4-18-1995)
2. Commercial Districts (C-1, DT, C-3, C-4): The permitted materials for commercial buildings are detailed in each individual commercial district and applicable sections of this title. (Ord. B-211, 1-4-2011)
3. Business Park District (BP): The permitted materials for business park buildings are detailed in the BP business park district and applicable sections of this title. (Ord. B-180, 12-19-2006)
4. Industrial Districts (LI, GI, And HI): The permitted materials for industrial buildings are detailed in each individual industrial district and applicable sections of this title. (Ord. B-181, 12-19-2006)
5. Single-Family Dwelling Requirements: All single-family detached dwellings shall be constructed according to the following minimum standards:
a. All dwellings shall have a minimum width of twenty four feet (24').
b. All dwellings shall have a frost free foundation as defined by the applicable building code. Split level, split entry and earth sheltered homes shall be considered to comply with this requirement.
c. Main roofs shall have a minimum pitch of three to twelve (3:12) per definition of the applicable building code.
d. Roofs shall be shingled with asphalt, wood, tiles, sod or other comparable materials as approved by the applicable building code.
e. Metal siding, with exposed panels exceeding sixteen inches (16") in width, shall not be permitted.
f. Earth sheltered homes will be permitted on the basis of site conditions, which are conducive to such housing, or in areas where changes to existing site conditions are complementary to the site and adjacent properties and the existing character of property and structures in the area. (Ord. B, 9-19-1989)
6. Accessory Buildings: Prefabricated metal storage buildings are limited to one hundred twenty (120) square feet maximum area in the R-1, R-1A, R-2, RL, RR, and AG (under 20 acres and/or for nonagricultural use west of Akron Avenue) districts.
a. Maximum aggregate total for any accessory building(s), excluding attached garage, is one thousand (1,000) square feet in R-1, R-1A, R-2, and RL districts.
b. Maximum aggregate total for any accessory building(s), excluding attached garage, is one thousand two hundred (1,200) square feet in the RR or AG (under 20 acres and/or for nonagricultural use west of Akron Avenue) districts.
(1) Exceptions: In the RR or AG (under 20 acres and/or for nonagricultural use west of Akron Avenue) districts accessory structures may exceed one thousand two hundred (1,200) square feet under the following circumstances:
(A) The maximum aggregate area for accessory structures shall not exceed fifty percent (50%) of the ground floor area of the principal building, including attached garage.
(B) Maximum lot coverage shall not exceed ten percent (10%) impervious surface. (Ord. B-46, 9-23-1994)
c. Any accessory building in the R-1, R-1A, R-2, RL, RR, or AG (under 20 acres and/or for nonagricultural use west of Akron Avenue) districts over one hundred fifty (150) square feet must be constructed of materials comparable with and complementary to the principal structure. Comparable treatment includes the following requirements:
(1) A minimum three to twelve (3:12) roof pitch.
(2) Roofs shall be shingled with asphalt, wood, or tile to match the home (principal building).
(3) Adequate number of windows shall be provided to break up the solid plane or exterior walls to simulate the character of the home (principal building).
(4) Siding which is identical or closely matches the home (principal building) shall be incorporated into the design of the accessory building.
d. Accessory buildings to be constructed in the AG (agriculture) or AG-P (agricultural preserves) districts east of Akron Avenue are limited to a maximum aggregate total of two thousand four hundred (2,400) square feet of area for properties under twenty (20) acres in size or if the building is for nonagricultural use.
e. In RR or AG districts (under 20 acres and/or for nonagricultural use west of Akron Avenue) existing accessory structures may be exempted from aforementioned comparable exterior materials and maximum aggregate total standards. This exemption applies only in the case of structures originally constructed for agricultural use, being in existence at the time of adoption hereof and qualifying as a barn under this title. This exemption does not apply to prefabricated structures and does not permit the expansion of the structure's footprint.
(1) Properties with structures (barns) qualifying for this exemption are located at the following addresses:
13345 Bonaire Path
12101 Dodd Boulevard
12391 Dodd Boulevard
3270 McAndrews Road
13429 South Robert Trail
(2) Any exterior improvements to these barns must replicate the original appearance or agricultural character of the existing structure and shall be approved by the planning commission.
(3) Exterior materials shall be limited to wood, metal, vinyl, brick or better and be comparable with the existing conditions of the barn in the areas of: a) color, b) texture or grain, c) orientation of siding (vertical or horizontal), and d) lap width. Metal siding shall be noncorrugated and have a thickness of at least nineteen millimeters (19 mm) while vinyl siding shall have a gauge of at least 0.044 inches. In addition, metal or vinyl siding shall have a manufacturer's guarantee of at least twenty five (25) years.
(4) Roof materials shall be noncorrugated standing seam metal, asphalt shingles, or better and shall be comparable to the original roof. Substitution of new materials will only be allowed in the case of replacing obsolescent roofing materials. (Ord. B-131, 7-15-2003)
Dimensional Standards For Accessory Buildings And Surface Parking | |||||||
Accessory Buildings | Maximum Building Height (Feet) | Surface Parking | |||||
Minimum Yards (Feet) | Minimum Yards (Feet) | ||||||
Districts | Front | Side | Rear | Front | Side | Rear | |
Dimensional Standards For Accessory Buildings And Surface Parking | |||||||
Accessory Buildings | Maximum Building Height (Feet) | Surface Parking | |||||
Minimum Yards (Feet) | Minimum Yards (Feet) | ||||||
Districts | Front | Side | Rear | Front | Side | Rear | |
AG | 50 | 30 | 30 | 75 | 501 | 52 | 51 |
AG-P | 50 | 30 | 30 | 75 | 501 | 52 | 51 |
RR | 40 | 303 | 30 | 35 | 401 | 52 | 51 |
RL | 30 | 15 | 15/304 | 18 | 301 | 52 | 51 |
R-1 | 305 | 103 | 5/304 | 18 | 301 | 102 | 101 |
R-1A | 305 | 53 | 5/254 | 18 | 301 | 102 | 101 |
R-2 (2F) (3+F) | 305 305 | 103 103 | 5/304 10 | 18 18 | 301 30 | 52 10 | 51 10 |
R-3 | 305 | 103 | 10 | 18 | 30 | 10 | 10 |
R-4 | 505 | 103 | 10 | 18 | 30 | 10 | 10 |
C-1 | Same as for principal buildings | 18 | 20 | 10 | 10 | ||
DT | 18 | None6 | None6 | None6 | |||
C-3 | 25 | 20 | 10 | 10 | |||
C-4 | 25 | 20 | 10 | 10 | |||
BP | 40 | 207 | 107 | 107 | |||
LI | 40 | 20 | 10 | 10 | |||
GI | 75 | 40 | 25 | 50 | |||
HI | See district regulations | 757 | 75 | 75 | 75 | ||
WM | Same as for principal buildings | 75 | 40 | 25 | 50 | ||
P | 40 | 20 | 20 | 20 | |||
FP | n/a | n/a | n/a | n/a | |||
Notes:
1. Except parking may occur within a normal driveway that crosses a required yard.
2. Driveways shall comply with yard setback requirements for surface parking.
3. See subsections C2a and C2d of this section.
4. 120 square feet or less in R-1 and R-2 districts: 5 foot setback; R-1A district: 5 foot setback; in RL district: 15 foot setback; except double frontage or corner lots: 30 foot setback. Over 120 square feet: 30 foot setback.
5. Or the required front yard as may be prescribed by subsection C4a, "Established Front Yards", of this section.
6. A 10 foot buffer yard is required adjacent to any residential district.
7. See district regulations for setback increases.
(Ord. B-211, 1-4-2011)
B. Supplementary Height Regulations:
1. Permitted Exceptions: Except as specifically provided in a business park or industrial district, the following structural appurtenances shall be permitted to a height not to exceed twenty five feet (25') in addition to the maximum height permitted for the district, provided they do not impair the solar access of buildings on adjoining properties and are not used for human occupancy or commercial enterprise:
a. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and flagpoles.
b. Mechanical appurtenances such as chimneys, smokestacks, elevator and stairwell penthouses, antennas, transmission towers and other necessary structures.
c. In all districts, setbacks for all freestanding tower antennas shall be equal to the height of the antenna and its supporting structure. (Ord. B-231, 3-4-2014)
C. Supplementary Yard Regulations:
1. Permitted Yard Encroachments: No yard or required open space shall be so reduced in area or dimension so as to make any such area or dimension less than required by this title. If already less than the minimum required, a yard shall not be further reduced. The following encroachments into required yards shall be permitted:
a. Special Structural Elements: Special structural elements attached to the principal building such as chimneys, solar collectors, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves and gutters provided they do not extend more than two and one-half feet (21/2') into a yard.
b. Yard Lights: Yard lights in R districts not closer than five feet (5') to the front lot line and lights in all districts for illuminating parking areas, loading areas or yards for safety and security purposes provided the direct source of light is not visible from the public right of way or adjacent residential property. (Ord. B, 9-19-1989)
c. Decorative Landscaping: Decorative landscaping, trees, shrubs and other aesthetic or sculptural elements including arbors and trellises within the front, side, street side and rear yards except within sight triangles adjacent to intersections on corner lots.
d. Accessory Appendages:
(1) Terraces, steps and stoops to the front (main) entrance of a structure may encroach into the required front, street side or side yards by not more than fifteen feet (15'). However, in no case shall they be closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.
(2) Balconies, decks, and uncovered porches may encroach into a required yard area as follows:
(A) Front Yards: If the balcony, deck, or uncovered porch is less than two feet (2') in height above finished grade (not including railings) measured vertically at the face of the principal structure, it may encroach into the required street front yard area fifteen feet (15'). Balconies, decks and uncovered porches higher than two feet (2') may only encroach into required street front yards by five feet (5'). In no case shall any balcony, deck or uncovered porch be closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.
(B) Street Side Yards: If the balcony, deck or uncovered porch is less than two feet (2') in height above finished grade (not including railings) measured vertically at the face of the principal structure, it may encroach into the required street side yard area fifteen feet (15'). Balconies, decks and uncovered porches higher than two feet (2') may only encroach into required street side yards by five feet (5'). In no case shall any balcony, deck or uncovered porch be closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive.
(C) Rear Yards: Fifteen feet (15') into a required rear yard area but no closer than fifteen feet (15') to a rear lot line or encroach into a utility easement, whichever is more restrictive.
(D) Side Yards: Five feet (5') into a required side yard area but no closer than five feet (5') to a lot line or encroach into a utility easement, whichever is more restrictive. (Ord. B-33, 2-11-1994)
(3) Covered deck or porches may encroach into the required front yard setback as follows:
Single-family homes built prior to January 1, 1980, may have an open single-story porch that encroaches into the required front yard a distance not exceeding ten feet (10'), provided they maintain a minimum front yard setback of twenty feet (20'). The ten feet (10') shall include the roofline, support columns, and steps. The porch area may have a railing, but not a solid wall, that conforms to the Minnesota state building code standards but shall not exceed 3.5 feet in height. The porch area shall not be enclosed nor screened with mesh, glass, or other similar material but may have dividers, spindles or lattice no higher than 3.5 feet from the base of the porch with no more than fifty percent (50%) opacity. (Ord. B-146, 11-26-2004)
e. Fences And Walls: Fences and walls not exceeding six feet (6') in height, are permitted in any district in the side or rear yards, but shall not exceed forty two inches (42") in front yards or forty eight inches (48") in street side yards of corner lots that abut another front yard, provided that no structure shall interfere with sight distances for vehicles approaching intersections. Fences not exceeding eight feet (8') in height are permitted in all commercial districts except along property lines adjacent to residential districts.
(1) Easements: All fences located in recorded easements are the sole risk of the property owner; and the cost of any removal, relocation, or placement of said structures caused by any activity permitted in said easements is the sole responsibility of the property owner.
(2) Materials And Construction: Every fence shall be constructed in a workmanlike manner of substantial materials widely accepted in the fencing industry and reasonably suited for the purpose for which the fence is intended. No plywood boards, canvas, plastic sheeting, metal sheeting or similar materials shall be used for any fence construction. Link fences shall be constructed in a manner that no barbed ends shall be at the top. The side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face the abutting property or street right of way. Barbed wire and electric boundary fences not exceeding six feet (6') in height shall only be permitted in the AG, AG-P, and RR districts when related to agricultural or permitted uses relative to animal husbandry.
(3) Temporary Or Seasonal Fences: Temporary or seasonal fences (such as snow fences, erosion control fences, fences to protect newly seeded areas and the like) are allowed without a permit provided: a) no such fence may be left in place for more than six (6) months without written city approval; b) any such fence must be removed within fifteen (15) days of the city providing written notice to the landowner that the city has determined the fence no longer serves its originally intended, temporary or seasonal purpose.
(4) Maintenance: All fences shall be maintained in accordance with section 9-4-7, "Public Nuisance Defined", of this code and all other applicable sections of this code. (Ord. B-245, 6-16-2015)
f. Picnic Shelters, Gazebos, Recreation Equipment, Etc.: Picnic shelters, gazebos, pool houses, stairs, fire escapes and recreation equipment may be placed only in side or rear yard areas and shall conform to the requirements of subsection A6, "Accessory Buildings", of this section.
Exception: Recreational equipment such as basketball backstops, hockey nets, skateboard ramps (less than 36 inches in overall height), bicycle ramps (less than 36 inches in overall height), and other small recreational play equipment associated with residential use may be used and stored in the driveway area of a residence. No recreational play equipment may be stored, or installed in the right of way, any easement, public or private street, cul-de-sac, alley, path or sidewalk. Larger recreational equipment such as swimming pools, trampolines, or sport courts are not exempted. (Ord. B-129, 6-3-2003)
g. Satellite Dishes: Satellite dishes in R districts shall not be closer than ten feet (10') from a side or rear lot line and shall not be placed in front or street front yards. (Ord. B-33, 10-19-1993)
Exception: Satellite dish antennas less than one meter (39.7") in diameter are exempted from this requirement. (Ord. B-129, 6-3-2003)
h. Security Fences: Security fences not exceeding eight feet (8') in height are permitted in the GI general industrial and WM waste management districts but shall be a conditional use in the PI public/institutional. Said security fences are subject to the applicable standards listed below and throughout this title: (Ord. B-159, 10-18-2005; amd. Ord. B-174, 10-17-2006)
(1) The conditional use standards in section 11-10-7 of this title.
(2) Barbed wire may be permitted on top of a security fence where the applicant demonstrates the barbed wire is necessary for greater security and will not be harmful to the health, safety, or welfare of the community.
(3) The barbed wire portion of the fence may not have more than three (3) strands, the lowest of which shall be at least six feet (6') from finished grade.
(4) No portion of the barbed wire shall project over the public right of way or any adjacent public or private property.
(5) No security fence (with or without barbed wire) shall be constructed without issuance of the applicable city permit. (Ord. B-159, 10-18-2005)
2. Required Side And Rear Yard Enlargement:
a. Corner Lots: Where a side yard abuts a street which is adjacent to the front yard of one or more residential lots on the same block, such side yards shall meet the front yard setback requirement of the district. The same yard dimension determined for such a side yard shall apply to structures in the rear yard.
b. Through Lots: Through lots shall provide the required front yard on both streets.
c. Commercial, Industrial And Public Buildings: For commercial, industrial and public buildings exceeding thirty five feet (35') in height and located on a lot adjoining an R district, any such building shall be set back from the interior side or rear lot line abutting said R district a minimum of one additional foot for each foot of building height in excess of thirty five feet (35'). Where there is an intervening alley, one-half (1/2) the alley right of way may be subtracted from this computation.
d. Yards Abutting Dissimilar Districts: Rear or side yards for dissimilar abutting districts shall meet the requirements of the more restrictive of the two (2) districts.
3. Side Yards; Permitted Reduction: No side yard shall be required between attached housing units.
4. Front Yards; Permitted Reduction And Required Expansion:
a. Established Front Yards: Where forty percent (40%) or more of the lots on any block are developed with buildings, the average front yard for the block shall be computed.
(1) Established R District Front Yards: Where the average is less than the required front yard, the average or twenty feet (20'), whichever is greater, shall be the required front yard. Where the average is greater than the required front yard, the average shall be the required front yard.
(2) Established C District Front Yards: The average front yard shall be the required front yard. (Ord. B, 9-19-1989)
5. Visibility At Intersections: A minimum sight triangle shall be established on each corner lot at every street intersection through which motorists shall have reasonable unobstructed view. The minimum sight triangle shall be defined as a triangle located at the corner of intersecting streets. The adjacent sides shall be located along the street right of way line (and adjacent property lines) of the intersecting streets and shall be twenty five feet (25') in length. The third side shall be a straight line joining the end points of the adjacent sides. The city shall have the authority to order the removal of vision obstructions located within the minimum sight triangle. (Ord. B-21, 6-16-1992)
6. Scope: The following supplementary yard regulations shall apply to all subdivisions except lots platted or developments granted preliminary plat approval prior to the adoption date hereof.
a. Residential principal structures shall be set back a minimum of thirty feet (30') from any easement boundary on a lot or a parcel of land that abuts or is traversed by an easement intended for or containing high voltage transmission lines.
b. Residential lot dimensional standards and principal structure setbacks shall be increased on the side adjacent to freeways, arterial and collector streets, and railroad rights of way or easements. Driveways, surface parking and accessory structures shall have increased setbacks adjacent to freeways and arterial highways. The following standards shall be in addition to existing setback criteria and dimensional standards to provide space for earthen berms, buffer yards or planting strips:
Side Adjacent To | Principal Structures And Increased Dimensional Standards | Accessory Structures, Driveways And Surface Parking |
Collector street1 | 10 feet | n/a |
Minor arterial highway1 | 20 feet | 10 feet |
Principal arterial (freeways)1 | 30 feet | 20 feet |
Railroads | 30 feet | n/a |
Note:
1. As designated by the transportation element of the comprehensive guide plan.
c. No accessory or principal structure shall be constructed within any easement. (Ord. B-58, 3-6-1996)
d. In commercial, business park, industrial, multi-family residential and single-family developments, site plans or plats, no driveway from private property serving a commercial, business park, industrial, multi-family residential or single-family attached residential use entering a public or private street shall be less than twenty four feet (24') nor more than thirty six feet (36') in width (not including medians). One-way driveways shall be no less than twelve feet (12') wide. Single- family detached residential driveways are subject to the following requirements when connecting to and within the street right of way:
(1) Maximum Width: They shall not exceed twenty two feet (22') in width (curb cut radii excluded).
(2) Encroachment: Curb cut radii shall not encroach upon the boulevard of abutting properties.
(3) Number Of Curb Cuts: Only one curb cut shall be permitted from a street, provided:
(A) The required driveway setback shall be a minimum of five feet (5') from interior lot lines, and the greater of the applicable front yard setback or the required sight triangle from the street side yard property line on corner lots. In the event that a lot of record does not have sufficient width to meet the applicable driveway standards, the width and placement of the required driveway shall be subject to the approval of the city engineer.
(B) The proposed curb cut is in compliance with subsection 11-6-1G1 of this title.
(C) All district setback regulations for surface parking and impervious surface limitations are met. (Ord. B-158, 9-20-2005)